HomeMy WebLinkAbout06-05-1990
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AGENDA
CITY OF DENTON CITY COUNCIL
j June 5, 1990
Work Session of the City of Denton City Council on Tuesday,
Jane 1990, at 5:15 P.m. in the Civil Defense Room of City
Hall, 215 E. McY.inney, Denton, Texas at which the following
items will be considered:
Frb1s'
I 5:15 P.M.
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i'` 1• Executive Session:
E',1 A. Legal Matters Under Sec, 2(e), Art. 6252-17
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V.A.T.S.
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{ I. Consider action in in Hs: Flow,
j'4 2. Consider action on claim of John Hawley.
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3. Consider action in rover vs, City.
4. Consider action in Kelso* at, al.
5. Consider action in Chamulon vs City,
B. Real Estate Under Sec. 2(f), Att. 6352-17
V.A.T.S.
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C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
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1. Hold a discussion aid consider appointments
to all City of Denton Boards and Commissions.
` 2. Receive and discuss a recommendation from the Planning
and Zoning Commission concerning the formation of a
Zoning Ordinance Task Force.
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Receive and discuss a submittal to the Department of
s Housing and Urban Development regarding a final
4 statement of objectives and projected use of funds
r with appropriate certifications.
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4. Receive and discuss the revised City Council budget
S1 priorities questionnaire.
Regular Meeting of the City of Denton City Council on Tuesday,
M June 5, 1990, 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:
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City of Denton City Council Agenda
June S. 1990
Page 2
7500 P.M.
1. Consider approval of the minutes of the regular
meeting of April 17 and May 1, 1990; the special call
meeting of May B, 1990; the regular meeting of Mr, 15,
1990; and the special call meeting of May 22, 1990.
2. Presentation of the Texas Water Commission Operation
and Maintenance Excellence Award.
3. Presentation of Yard of the Month Awards.
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4. Receive a citizon repc.t from Becky Kroll regarding
the Parkway Children's Memorial ureenspare.
> 5. Receive a citizen report from Barbara Tolleson
regarding high weeds and grass in the Emerson Street
t area and the mowing of lots.
6. Receive a citizen Leport from Warren Hoffpauir
regarding -high weeds and grass in the Emerson Street
area.
7. Receive a citizen report from Evelyn Cosby regarding i
high weeds and grass in the Foxcroft. Street area. r
S. Receive a citizen report from Roland Vela regarding an
update on TMPA.
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9. Receive a citizen report from Carl Young concerning a !
flag pole in Fred Moore Park, the C.O.P.S. Program,
redistricting District 1, and the general attitude of
Black people to the City.
10. Receive a citizen report from Ruby Cole regarding the
N.I.C.E. program and the C.O.P.S. program.
' U. Public Hearings
P
A. Hold a public hearing and consider adoption of an
ordinance amending Appendix B - zoning of the
code of Ordinances by adding a new use,
c Correctional Facilities, to the schedule of
uses. (The Planning and Zoning Commission
cecommendu approval.)
Consent Agende.
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
ta,; City Manager or his dosignee to implement each item in
accordance with the Staff recommendations.
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City of Denton City Council Agenda
June 5, 1990
Page 3
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda items 13.A, 13.B). 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. Bid 01111 - Police Uniforms
2. Bid #1106 - Water Meters
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3. Bid 01103 - Westview Trail
4. Bid 01104 - 1989 CIP Replacement of
Miscellaneous Water and Sower Lines
13. Ordinances
A. Consider adoption of an ordinance accepting
competitive bide and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services. (9.A.1. - Bid
01111, 9.A.2. - Bid 01106)
B. Consider adoption of an ordinance accapting
competitive bids and providing for the award of
contracts for public works or improvements.
(9.A.3. - Bid 01103, 9.A.4, - Bid #1104)
C. Consider adoption of an ordinance establishing
i classified positions in the rice Department of
the City of Denton, Texas; providing for the
t number of persons authorized for each classified
position; and repealing all ordinances and
resolutions in conflict herewith.
D. Consider adoption of an ordinance authorizing r
assignment pay for Fire Department employees who
are Also assigned to perform the duties of data
entry clerk, shift training officer, and who are
all assigned to perform the duties necessary to 1
maintain the arson task force.
1 E. Consider adoption of an ordinance amending
Chapter 9 1/2 ("lair Housing") of the Code of
ordinances by providing that discriminatory
housing practices based on handicap or familial
status, as defined herein, are unlawful; and f
providing for a maximum fine of ;500.00 fo: ~I
violations thereof.
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City of Denton city council Agenda
{ t June 5, 1990
Page 4
F. Consider adoption of an ordinance amending
Section It of the franchise granted to Lone Star
Gas Company by Ordinance No. 82-56 to provide for
an amended franchise fee to be paid by Lone Star
Gas Company for the use of the public streets.
0. Consider adoption of aii crdinince altering speed
zones on Bonnie Brae Street from Scripture Street
to U. S. Highway 77 for a distance of 2.5 miles;
' providing for a penalty of a fine not exceeding
two hundred dollars (;200.00); and providing a
severability clause. (The Citizens Traffic
Safety Support Commission recommends approval.)
H. Consider adoption of an ordinance authorizing the
City Manager to execute a supplemental agreement
between the City of Denton and Alan Plummer and
Associates for consulting services. (The PubV.c
Utilitieo Board recommends approval.)
14. Resolutions
Consider approval of a resolution by the City of
Denton, Texas, authorizing the City Manager to
?,a sign and submit to the Department of Housing and
Urban Development a final statement of objectives
5 and projected use of funds with appropriate
certifications, as authorized and required by the
Housing and Community Development Act of 1974, as
amended. (The Community development Block Grant
Committee recommends approval.)
B. Consider approval of a resolution authorizing the
execution of a right-of-way easement for
electrical power transmission facilities and a
license agreement for a temporary construction
area for these facilities. (The Public Utilities c
Board recommends approval.)
` 15. Receive a resolution from the Public Utilities Board
requesting the City Council to initiate proceedings to
affect a change in the Charter of the City of Denton
to allow for Executive Sessions for purposes allowed
by the Open Meetings Act of the State of Texas.
16. Miscellaneous matters from the City Manager.
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City-of Denton City Council Agenda
June 5, 1990
apage 5
17. Official Action on Executive Session Items:
A. Legal Matters
R. Real Estate
C. Personnel
D. Board Appointments
18. New Business: c
A This item provides a section for Council Members to
suggest items for future agendas.
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b, 19. Executive Session:
~?a A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Bee. 2(q),
Art 6252-17 V.A.T.S.
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NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIMF. R:'GARDING ANY ITEM FOR WHICH IT
IS LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above notice of netting was posted on the
bullatin board at the City Hall of the City of Denton, Texas, f
on the _ day of 1990 at r o'clock
(a.m.)
CITY SECRETARY
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9+ DATES 06/05/90
CITY COUNCIL REPORT FORMAT got
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I TOs Mayor and Members of the City Council ~a
PROMS Lloyd V. Narrells City Manager ti
SUBJECTS 20NIN4 ORDINANCE TASK FORCE
RECOMMENDATIONS
1s 7orm a Task force of not more than twenty (20) members.
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2, Seek broad geographic and area of interest representation.
3. Seek membership from the :oilo~rings
1 Leadership
Council person 1
Planning and Zoning member 1
Beautification Commission 1
Chamber of Commerce 1
DOV 10 ment/Real Estate
Board of Realtors (a residential and
a commercial broker) i
` a Some and Apartment Builders Assoc.
I Development companies holding
large land areas 1
Residential interests
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Neighborhood Association representative
to include an area of rural
character 5
Non-residential Interests
Central Business District Association 1
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Professional/Technical E
Banks 1
1 American Planning Association 1
American Institute of Architects
or American Society of Landscape
` Architects 1
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Memos Mayor and City council
.rune 5, 1990
page 2
American Bar Association 1
American Society of Civil Engineers 1
American Institute of Real Estate
Appraisers 1
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TOTAL 20
It is possible that one person could represent
more than one area or group. `
SUMMA RY t
As above.
BACKGROUNDt
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Council briefing, direction to form a council Appointed Committees
May 15, 19909 P&I recommondationt May 23, 1990.
PROGRAMS, DEPARTMENTS OR GROUPS AffICTEDt
Planning and Development, Regulatory Streamlining Program, All of
Denton.
PS BC L IMPA Tt
None
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iPrep red byt Lloy VI-H,
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City Manager
MIA M, Rob nr, A1CP
Executive Director
Planning and Development
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May Minutes
May 2?, 1990
Pogo 4 URAF
111, iiiscuss the formation of a Zoning UCJ111311CO Task Forte.
Ms. Brock reported that the city Council appears to be 1
leaning towards o large committee that would represent all
Interests. They looked at the Land Use Planning Committee
(LUYC) and the 191 Committee as examples. Ilowover, they `
warn different brcause they represented community values and 11I
priorities. Tue Zoning UrJinance Is more technical. 'Nit
other committees broke into smaller groups to work on
specific issues. Che Zoning UrJinance is in inter-related
document and It would be difficult to work on in sections.
IIIth large committees and smaller groups tuere are
attandanco problems and it is more difficult for staff to
Nake time for the numerous meetings. Tho Council wants to
appoint the Committee themselves, but a 40 member committee
may ho: be a good idea.
Ms. Beaus asked If any of the nistorle sections of the 1
ordinance would be changed. If so a separate task force may
be needed or tae committee may have to go to other groups
like the Historic Landmark Commission and the Parks board to
ask for recoameadations.
Mr. Robbins agreed that it is hard to break into smaller
IIlIroups because everything In the ordinance is
interrelated. It does not loud Itself to being worked on
In pieces. ie asked if the Commission wanted to recommend
people by h,sma or to recommend organlaatlons for membership
on the 'Cask force. Also, a single person could represent an
organizations, geographic area, or other committee.
Cho Commission agreed to recommend that a member to
appointed from the Beautification 'task force.
Mr. Engelbrecht suggested a representative from a large
tract developer.
` Mr. Molt t!--ked what bass owns. t
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Mr. Robbins answered that he owns Lakeview, Southvlew,
property at iherman and Loop tae, and from mail Road to FM
ISO. lie Is trying to let the latter established as an
enterprise zone. RHO Realty monitored the proceeding of the
Appendix A Task force. 'fney could have a reppresentative on
the Zoning Cask force or could simply be Invited to give
sole Input where they could participate without voting.
tiaving someone like that on the Committee is a good idea.
There are three large groups that would qualify for the slot. 01
Mr. Engelbrecht sold that for some of the representatives,
nominations for tae actual person could be obtained Prod the
groups. 1'o et nelghborhood representatives for the LUPC,
the uity facilitated a ■eeting to obtain nominations.
The Commission discussed the criteria for appointeees and
possible membtrs. j
Ms. Brock statud that she lots not think the Council would
want too speclfi: a recommendation. l'he list provided in
the back-up Is probably specific enough.
NO Gommiss.4u agreed to add a largo landowner/developer
Interest and a member of the baukinj profession to the
list. Tney also agreeJ to recommen that tie 't'ask force
have no more than 20 members. If necessary, staff can
facilitate quadrant meetings to obtair, nelghborhood
representatives.
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DATE: 4/05/90
CITY COUNCIL REPORT FORMAI
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJ: Approval of a resolution authorizing the City Manager
to eign and submit to the Department of Housing and
Url&n Development a 1990 Final Statement of Objectives
and Projected Use of Funds.
P,
a' RECOMMENDATION:
Community Development Block Grant (CON) Committee
recommends approval of the Final Statement as
presented.
On May 2ist the Parke and Recreation Advisory Board
recommended adoption of the Martin Luther King
After School Program as it was originally developed.
The MLK Program will provide as many as 34 subsidies
for low income children to participate in an after
school program. Two (2) instructor positions will
b( funded.
In the event that any recommended programs/projects
are not approved by Council, the CDBG Committee re-
commends that Council allocate those funds to the
Housing Rehabilitation Program.
BACKGROUND:
On May lst,Curtis Ramsey, ONG Chairperson, presented
the Committee's recommendations regarding the use of
$553,134 in 1990 funding. Recommendations by the
committee were developed after a series of public
hearings and committee funding hearings. Public
hearings ware held om two separate occasions to gain
insight and ideas from citizens on funding priorities.
Funding hearings allowed specific organizations and
individuals seeking funding to appear before the
Committee and present a proposal.
AMMM Each of the ;.ojects/programe listed in the Final
Statement have unanimous approval by CDBG, ;Again,
the MLK After School program also has gained approval
from the Parks and Recreation Advisory Board at their May
2ist meeting.
PROGRAMS. DEPARTMENTS _O$ GROUPS AFrELEPi
Community Development staff will administer all funds
and monitor all programs/projects.
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Funds will be allocates to pay a portion of the salaries
of the Executive Director of Planning, a Building
Inspector and other personnel based on their actual time
E spent on Community Development projects, These funds
will accrue as revenue to the general fund.
{ Respectfully submitted:
Lloyd V. Harrell
City Manager J
Prepared by;
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sFbarn Rase
Community Devolopment Coordinator
Appro sd:
rank !&bns AICP
Executive Director for Planning 6 Development
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RESOLUTION NO.
A RESOLUTION-BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF
t FUNDS WITH ).PPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED
BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 19741 AS AMENDED!
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the
development of viable urban communities, including decent hous-
ing, a suitable living environment and expanded economic oppor-
tunitisas and
WHEREAS, the City of Denton, Texas, has a spacial concern for
persons of low and moderate incomes and
WHEREAS, the City of Denton, Texas, as an entitlement City,
has prepared, through a citizen participation procesa, a program
for utilizing its seventh
year entitleme
mate amount of $553,1341 and entitlement funds in the approxi-
WHEREAS, the public hearing will have been held in accordance
with the laws and
WHEREAS, the Act requires an application and appropriate
certification! NOW, THEREFORE,
` BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the City Council of the City of Denton,
Texas, aut or zec the City Manager to sign and submit to the
Department of Housing and Urban Development a grant application
and appropriate assurances. for entitlement funds under the Hous-
ing and Community Development Act of 1974, as amended,
SECT 19N II. That the City Council of the City of Denton,
Texas, authorizes the Executive Director of Planning and Devel-
opment to handle all fiscal and administrative matters related
to the application, the Housing Assistance Plan and the assur-
ancee.
SECTION III. That the City Secretary is hereby authorized
to furnish copies of this resolution to all interested parties. I
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SECTION IV. That this resolution shall take effect immedi-
ately rom an after its passage.
PASSED AND APPROVED this the day of 1990.
E BOB C STL B R o MAYOR
ATTEST)
JENNIFER WALTEASj CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL FOAMS I
DEBRA ADAMI DRAYOVITCHr CITY ATTORNEY
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PINAL STATEMENT OF
COMMUNITY DEVELOPMENT OBJECTIVES
AND PROJECTED USE OF FUNDS
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The objective of the City of Denton's Community Development Block Grant
Program is to support activities which are directed toward the specific
objective of development of viable urban communities by providing decent
housing, a suitable living environment, and expanding economic opportunity,
principally for persons of low and moderate Income. The City anticipates
receiving approximately 4553,131 for its 1990 program year. Proposed
£ activities and objectives are as followst
le Housing Rehabilitation #200,483.00
i Continuation of the existing program to rehabilitate substandard houses
4 inhabited by low or moderate income persons living in the City.
it Objectivei To bring existing housing into compliance with housing code
and arrest deteriorating neighborhoods in the target area.
2e The Urban tlostesteading Program 41000000.00
Acquisition of VA and PRA foreclosures. COSO funds will be used to 1
supplement Section $10 Urban Homesteading Funds. Acquired properties will
be conveyed to eligible homesteaders. They will be required to pay all
rehabilitation and maintenance costs.
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I Objectives To provide affordable housing for low and moderate income
families. To arrest deterioration and promote stabilization of
neighborhoods.
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3. MLR After School Program 414063440
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Subsidies will be provided to low and moderate income families in order to
place children at the Martin Luther Xing, Jr. After School Program,
Additional program costs will be paid as needed.
Objectives Impr-anent of public services provided to low and moderate
Income residents.
4. Denton Police Athletic lwague 414,567.00
Payment of sports participation fees and purchase of equipment for low and
moderate intone children.
Objectivet Improvement of public services provided to low and moderate
Income residents.
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final StatF meat
Page 2
5. Denton County Prenatal Clinic 424,950.00
fi,; Provision of prenatal cue for low income women from Denton County. Funds
will be used to pay a portion of the salary for an additional d
nurse-midwife.
Objectives improvement of public services provided to low and moderate i
j income residents. }
6. Administration !1110,500.00
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Program management, coordination, monitoring, and evaluation associated
with carrying out eligible grant activititc, lncludings staff salaries
office equipment and suppliest office cent, maintenance, and utilities
administration of rental rehabilitation, emergency shelter grant and human
services programs administration of City's Fair Housing Ordinanee and 1
Programs coats associated with development of an affordable housing f 1
program. I
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Official Minutes
Community Development Block Grant Committee
may 9, 1990
Present: Katie Flemming, Dennis Stephens, Peggy Norton, Sarah
Parker, Rey Trojo, Curtis Ramsey and Sonya Wesley.
Absent: Rosemary Rodriguez and Don Chipman
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Staff Barbara Ross, Community Development Coordinator and
Present: Penny Black, Community Development Secretary
~I Chairperson, Curtis Ramsey called the meeting to order at 5:10 p.m.
1. Mr. Ramsey summarized the events of the City Council work
i session. Mr. Ramsey said council members believed grouping
f the low income/minority children at the MLK After school
site was reintroducing segregation. Mr, Ramsey explained
that a lack of income and transportation was a problem for
these children in regards to participation in the other after
school programs. He expressed hi*% concerns that the program';
location at MLK would alleviate some of these problems and
allow more low income children to benefit from the program.
' Mr. Ramsey said council members are requesting additional
research and information concerning on after school site
at MLK.
Me. Ross said the present PARD/DISD after school programs
pay for themselves and paying kids are displaced outrof the
program if scholarship kids are put in the few slots of the
program. Me. Ross asked the committee to review the secondary
02 would plscee 9 memo from the s holarchips PARD, she he clother tOafter
school sites and 15 at the proposed MLK site.
Me. Norton commented that the objective of setting up the
program at MLK was to bus the kids from school to the MLK
center alleviating the transportation problem. i
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C Me. Wesley asked if the possibility of-no 1991-92 funding
was available would thin not also cause further problems
i because the program would be discontinued. She added if
the program were administered at the elementary schools
there would be a better chance of program continuation.
' Mr. Trejo believed initiating the and presenting in form program set up at MLK
graph , percentages of individuals
served and the program curriculum could be further justi-
fication of why the program should be set up at MLK,
He expressed his concerns for stronger public interest
and the targeting of low income families' increased benefits
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Community Development Block Grant committee
Minutes/May 9, 1990
Page 2
because of the MLK after school program.
Mr. Stephens asked if Me. Ross knew the criteria for students
that were awarded scholarships.
i Me. Ross said she did not know, PARR adminlsterad that
task, although there would be guidelines of the participants
income and attendance if the program was sot Up at MLK.
There was general discussion concerning the MLK After school
} Program.
li The committee reviewed the PARD options for the after school
program.
Ms. Wesley made a motion to recommend Option I to council
members, Mr. Trojo seconded the motion. The motion passed
by a unanimous vote. +
There was general discussion concerning the co^!ncils' place- j
ment of excess funds not allocated according to the
committee's recommendations.
Ms. Norton made a motion that it be recommended that all
excess funding not allocated as Initially recommended,
be allocated to the housing rehabilitation program. Ms.
Parker seconded the motion. The motion passed unanimously.
The meeting adJourned at 6:30 p.m.
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Official Minutes
Community Development Block Grant Committee q
April 16, 1990 I
Present: Katie Flemming, Dennis Stephens, Peggy Norton, Sarah
Parker, Rosemary Rodriguez, Curtis Ramsey and Sonya
Wesley,
Absent: Ray Trejo and Don Chipman
8 Staff Barbara Ross, Community Development Coordinator and
Present: Penny Black, Community Development Secretary
Ouests Sarah Carey, Director Prenatal Clinic for Denton
Present; County
} Chairperson, Curtis Ramsey called the meeting to order at 6:16 P.M.
1. Mr. Ramsey explained to the committee that the requested
additional information from the Prenatal Clinic was part
of their reading information. There was general discussion
concerning the Prenatal Clinic. Ma. Carey left at this time. ;
Me. Ross said she had talked with HUD regarding Me. aarcia's J
idea of Sammons Cable being our sub-recipient. Me. Ross said
the representative at HUD informed her that if Sammons played J
that role the project would become an Economic Development
activity and invoke something called a "necessary and
appropriate determination". This "necessary and appropriate
determination" would require a lot of staff time justifying
to HUD that it was necessary and appropriate for us to give
the funds to Sammons. Me. Herron, HUD Representative believed
this justification could not be made and she suggested that
Ms. Garcia seek a non-profit organization to contract with.
Me. Rose spoke withMs. Garcia and relayed the information i
from HUD, she said that would be no problem to contract with i
TWU. To date, Ms, Ross had not received a letter of support
from TMU for this project so Ms. Ross assumed Me. Garcia was J
unsuccessful in getting the university to contract for the 1
r project.
There was general discussion concerning the ESL project
request. The committee decided not to consider funding the
request because Me. Garcia did not collect the required
documentation they had requested, nor was there a re-
sponsible fiscal agent to contract with.
Me. Rodriguez said Mr. Davila wanted to present a closing
statement to the committee in regards to the scholarship
Program (19aa-89 funded project), she suggested they set
aside a time to meet with Mr. Davila after all deliberations
have been made. 1
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Community Development Block Grant Committee
Minutes/April 16, 1990
Page 2
Mr. Stephens expressed his concerns for the Oakwood Cemetery
proposal.,
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ifs, Ross explained there was a CDBO meeting the same night
the NICE meeting was held, therefore she did not get a chance
to speak with Ms. Cole or request the item be bought up. Ms.
Ross said if the committee decided to grant funding it would
be contingent on a public meeting to determine the citizens
opinion.
The committee asked Ms. Rose for a summary of the present
! spending status of the demolition funds.
Ms. Ross said year to date the department has spent $11,000
I and there is a balance of `22,000 left over to spend. The
Building Inspector had five project# in route for referral
j since January and today he said we could start the process
on three of those five structures. Mo. Rosa stated presently
the CD staff had two requests in the office and these would
be added to the requests from Code Enforcement and than we
can proceed with the demolition activities. The committee
agreed to table the demolition request at this time.
Mr. Ramsey began a discussion concerning the Evers Park
proposal. He said there was a map which was to be visaed
as a conceptual plan because Mr. Ticknor was not sure of
the actual area the playground equipment would be placed.
Me. Ross said she did determine the percentage of the
Evers neighborhood median income. The Evers area is 58%
low /mod. in comparison to the other block group areas we
serve whose average is about 73% low/mod, population.
Ms. Parker asked if there was no other revenue for this
project in the PARD budget.
Ms. Rose recalled Mr. Ticknor saying funds were donated
for the playground equipment at the Avondale park and
presently their budget did not allow any funding for the
proposed project at Evers. There was general discussion
concerning the protect request.
Ms. Rodriguez expressed her concern for the numerous
requests to CDBO and believed this the Evers request was of
low priority. Me. Parker, Mr. Stephens and Ms. Flemming
agreed with Ms. Rodriguez. The committee chose to table the
Evora request at this time.
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Community Development Block Grant Committee
Minutes/April is, 1990
Page 3
There was general discussion concerning the Oakwood
t Cemetery project request.
He. Rose mentioned the CDBG project requirsment of area, i
individual or direct benefit, With the exception of re-
quiring any person buried in these particular plots
that have been acquired be low/moderate income, there
would be an area benefit, yet it would be dead individuals
that are bensfitting and HUD may have a problem with i
that.
Me. Norton asked for clarity of how the plots were
sold to families, t
Mr. Ramsey said the indigent were buried at Oakwood
no matter what.
I I
{ Ma, Rodriguez said presently the indigent are buried {
in Sanger.
Me. Ross added the county incurs those expenses for
indigent burials in Sanger.
Me. Rodriguez agreed.
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Me. Ross said the revenues received on these lots would
to be accounted
would back to
In the the
cemetery monitoring
l business.
` Ma. Rodriguez said also there are no stipulations that would
require only low/mod, individuals be buried there and asked
how would that issue be handled.
Me. Ross said she was sure we could set any stipulations
needed to meet the grant recuirements to PARD.
Me. Rodriguez believed that would be a great burden on
the CO Staff.
The committee agreed to delete funding of the Oakwood
Cemetery project request and "bury it", at this time,
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Community Development Block Grant Committee
Minutes/April 18, 1990
Page 4
`r
There was general discussion concerning the Housing
Rehabilitation and Urban Homesteading project requests.
load
r Ms. Rodriguez asked how much money ryas left from
last year,.
iMs. Rose said $80,000 and there are presently 8 houses
out for bids. If any one of the 8 houses bids run over
$10,000, we will need to hold off contract signing until
late July.
Mr. Ramsey asked how many families would benefit from
the present request.
No, Ross said about 25 - 30 families would benefit and f
revenuea from the rehabilitation loans which is about $12 -
$15,000 per annum will allow us to complete I additional
structure.
Ms. Rodriguez asked how much was allocated last year.
j Me, Ross replied $300,000.00.
Mr. Ramsey said the program has 86 individuals waiting
which is roughly 2 - 3 years of project participation.
He asked if the project was accelerating or stabilizing.
Ms. Ross said she believed it was rather stable.
Mr. Ramsey asked if the waiting list tied into the need
for more aggressive cods anforesment or better evaluation
of problems identified.
Ms. Ross said she did not perceive the Code Enforcement
division citing a homeowner for code violations as
readily as she believed they cited landlords, When
landlords are sought out they usually contact CD Staff
and this increases the number of rental rehabilitation
requests.
Ms. Rodriguez asked where did the rental rehabilitation
funds come from.
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Ms. Ross sate the Texas Department of Commerce,
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Community Development Block Grant Committee
Minutes/April 16, 1990
Page a
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i Me. Flemming said she did not understand where the monies
went to from the loan repayments.
Ms. Ross 8-id the monies go back into the rehabilitation
program, i.at of the assistance we provide are in the
form of grants and the homeowner repays, us by living
there for five years. The $12 - $16,000 that will
allow us to complete an additional rehab, is toe loan
repayment.monsy.
Mr. Stephens said individuals whose homes have been
rehabilitated are extremely happy to have a program that
provides
any tadditional lmonies .possibly ithe dcommittee
could provide more than the requested 4300,000.00.
Mr. Ramsey asked if dollars made a big difference.
Ms. Ross said yes it did make a difference. If there
were additional monies, s.aff could rehabilitate more
homes.
There was general discussion concerning the Urban
Homesteading program.
Mr. Ramsey asked if this program relates to property
which reverts to the government through the Resolution
Trust Corporation. (RTC)
Ms. Rose added FHA and VA foreclosures.
Ms. Norton asked if the requested funding only bensfitted
five families.
Me. Ross said it's possible for it to benefit mire if the
properties cheaper than nthe $60gOOO.
other $126,000 would be supplemented from HUD. The if 126,000
would not only allow us to purchase the homes, but also
maintain them until we give the property to the home-
steader.
Mr. Ramsey said this =126,000 is on a matching grant
basis 6126,000, which means if we funded =60,000 HUD
would match $60,000.
Ms. Ross, said we are required to purchase at least fivs
homes, the match will be $1261000 from HUD.
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Community Development Block Grant Committee
Minutes/April 16, 19g0
Page 8
Me. Rodriguez said we are investing $126,000 into
1 only five families,
Ns. Rosa said yes, plus we will be pulling in an
0 !additional $1260000, in Section 810 funds. She
said she realized the requested amount was a lot
although this is a home ownership program, something
the city does not currently have.
Ms. Norton asked how the families would be selected.
Ms. Ross said they would make application to the City,
be rated based on their ability to pay a rehabilitation
f loan, the property taxes and property maintenance as
well as their income loyal, They would need to be well
under the 80% median income.
Ms. Rodriguez expressed her concerns for the number of
individuals the program would be benefitting.
Ms. Ross said the Urban Homesteading program request
1 is a result of the Housing Task Force Committee's
recommendation to the City Council that we expand the
city's housing prPsgrsms. Urban Homesteading was the only
HUD funded program that the city would be receiving some
supplemental/matching funding so we chose this program.
Ms. Norton asked what the average amount spent on sa^h
family per rehabilitation.
Ms, Ross said about $11,000.
Ms. Parker asked for clarity of the program. She said the
requirement is for a minimum purchase of five homes.
And possibly purchase more properties if they wore
available for less than $80,000 and benefit more than those
five families.
Me. Rose sold yes.
There was general discussion concerning the Urban Homesteading
Program and the possibility of purchasing properties in
the Millowcreek Housing Addition which are owned by Denton
Federal Savings.
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Community Development Block Grant committee
Minutes/April 18, 1990
Pape 7
((k
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Ns. Flemming expressed her concerns for the
Get up and requirements.
program
Ns, Parker
asked
if Lewisville
t
his
had d • Program like
Me- Rase aafd she did not be11•v s
not accept block grant funds but t o
h•~ Lewisville did 10
and Grand Prairie definitely admin~redSO the fULubb
Homesteading Program, lst Lubbock
Mr, Stephens expressed his
to concerns for the
tunnel more funds into the city and to expand its
housing stock, attempt
Mr, Ramae 1 ~
nsra asked if the grant program required the
y in their homes for five years,
Me, ROG$ said yes, She discussed the
of Urban Homesteading that the
granted the alt program procedures
Section S10 funding, y would set up if
There wss general discussion
school Program, concerning the NlK After.
Me. Rodriguez asked
be funneled back if the 460 for each Child would
to the grant, Use sa
Me' chRchildathatolsblo►rtincome andlcannot pa to
The total request wi11 L supplement
y foes.
miniatretram, The co SLhftf0chihconnti et rogramfunding ad,
this program and some o! the ldron J
afford the foes which means the allott•dy be able to
lose than X14,634. amount may be
No, Horton expressed her concerns for the Possibility
of diCplac•msnt of the existing programs when the
afterechool program began,
M
Mr.
o. Roes doubted that any displacoment would occur. eir for theStepaccessihens center•andhthe r°ncerns
program,
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Community Development Block Grant Committee
Minutes/April 16, 1990
Page a
` p1
Ms. Rodriguez asked which agency requested funning from
the HBO.
Ms. Rose said Fred Moore Child Care and the Prenatal
3 Clinic, although their requests were for operational
expenses.,
iThere was general discussion concerning the PAL and the
MLK Afterschool program proposals.
Ms. Ross suggested if the committee recommended funding
that they request PAL not use COBO funding for the purchase
I of a van because of sub-reoipient requirements yet use the
funds for equipment purchase and subsidies for the kids fees.
There was general discussion concerning the Fred Moore
Child Care Center.
Ms. Rosa said Ms. Layton had spoke with her earlier and
Norm Sisk did give her more optimism than Mr. Bernstein had j
and there's a possibility of DIED assisting them in solving
( their rehabilitation problem. Ms. Ross said she had told her
Carl Williams and some other individuals from the neighborhood
had assisted in doing some work to the leaking roof.
6;80 p.m. - Mr. Stephens had to leave at this time,
' There was general discussion concerning the Prenatal Clinic,
Me. Norton asked if they were funded by HBO also.
f
Ms. Rosa said they has; requested funds for the post year
although the lawsuit on indigent health care restricted
the council from allocating funding. She also said
1 if funding was recommended, clarity was needed stating i
funding for social service sgencies would not be a
continuing budget item. This would deter other social service
agencies from believing they did not need to go to the
NBC (city 9eneral fund source), that :hey instead could
come to COeo (federal fund source) and recsive monies
I for their services,
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Ms. Rodriguez asked if there was a problem funding this
1 agency,
Ms, Ross said Me. Drayovitch suggested the committee
make their recommendations and they go from there if
there was a problem that arises from the recommendations.
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' Community Development Block Grant Committes
Minutes/April 16, 1990
Pays 9
L! Mr. Ramsay said the question remains, if our funding
this project is in essence actually compromising the city's
position on indigent health cars.
S Me. Ross said basically, Ms. Drayovitch believed since this
was federal monies and not city tax payers money there would
not be a problem. Me. Drayovitch asked Me. Ross if there were
lother projects that would be funded by tax payers dollars if
the grant funding wee not available. Ms. Ross said yes and
used the street projects ao an example of items funded. Ms.
Drayovitch again suggested the committee make their
recommendations and let the council make the final decision.
The committee prioritized and ranked the project requests.
They are listed in priority ranking and recommended amounts
belowt
11 - Housing Rehabilitation - $300,000
e2 - MLK Afterachool Program - 1149634
03 - Denton PAL program - $14,667
04 - Prenatal Clinic - $24,960
16 - urban Homsyteeding -61000000
Me. Rodriguez moved that the recommended allocations be as
stated above. Me. Parker seconded the motion. The motion
passed unanimously.
Ms. Rodriguez also moved that any residual administration
funding be transferred to the rehabilitation account.
Ms. Parker seconded the motion. The motion passed
unanimously.
The meeting adjourned at 1137 p.m.
ell,
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CITY of DENTON 1215 E. McKinney t Denton, Texas 16201
5., PARES AND RECREATION BOARD MEETING
MONDAY/ MAY 210 1990
5130 P,M* SENIOR CENTER
MEMBERS PRESENTr Carl Anderson, Chairman
Dalton Gregory, Vice Chairman j
Rita Pilkey i
Catherine Bell
Roy Appleton III f
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STAFF PRESENTS Steve Brinkman, Director of Parks and Recreation
Joy Reach, Senior Secretary
GUESTS PRESENTS Prank Robbins, Executive Director for Planning and f
Development
Owen Yost, Planning and Development I
Barbara Ross, Community Development Coordinator
Lt. Bob Eummerso Denton Police Department
Louis Flora, Denton County Probation Office
Charlie Cols, Denton County Probation Office
Carl Young
Becky Kroll
Sharon Simonson, Denton Record Chronicle
Members of the Southeast Denton Neighborhood Committee
Members of the Planning and Zoning Committee
Membors of the Denton Chamber of Commerce
to MERINO CALLED TO ORDER
The mating was called to order by Carl Anderson, Chairman,
its aPPAOM OF MINUTES PROM LAST MEETING
On a motion by Dalton Gregory, second of Rita Pilkey, the minutes of the
mating of April 300 1990, were approveda
III• OLD HtlAINE68 I
1, Budget Updatei
Steve distributed copies of the department's supplemental request
for funding for youth sports officials, He said that doing away
with funding and the collecting of the administrative too would
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parks and Recreation Board Meeting
may 21, 1990
page - 2
negatively affe:t the associations. After a discussions the
k consensus of the Board was to change the heading of the request to
read •Restoce Funding to the youth Sports Aasoclatlon's if the
request is approved, the funds would be given to the Association to
is distribute equitably to the different associations. Copies of the
final departmental ranking forms were also distributed and
discussed,
f ny
r`q iI. NEw BUSINESS
6
1. Carl Youngt
Mr, young addressed the Board regarding his concern about the
designation of Fred Moore Park as a neighborhood park and the
current City ordinance which does not allow the consumption of
alcoholic beverages in neighborhood parka. He commonted that the
ordinance is illegal and for the ordinance to 1,e legal would
of the people. He also stated that he had gone to
require vote
a
the Denton County Historical Society requesting theft support in
•ttinq trod Moore Park designated as a historical site.
9
stave said to modify an ordinance would require action by the
counci
of the neighbors inathenFrfrom the Park ed Moore Park orea,d and a
publiclmeand etingwould
Lt, Summers said that public meetings in the areaehave Indicathd
that the residents want the ordinance.
language of the ordinance to be 'possession or consumption'.
Ruby Cole of the Southeast Denton Neighborhood Committee said the
committee had worked for two years to gat the ordinance passed.
She stated that she feels if the ordinance is rescinded, the
neighborhood would go back to what it was before the ordinance was
put into effect. She asked the Park Board to recommend that iced
Moore Pack remain as a neighborhood park. She said a special
called meeting of the committee would be held on may 19 at 6psn at
the Martin Luther ling, Jr, Recreation Center to receive input from
all factions of the community.
Dalton Gregory said he would recommend no action be taken, and Roy
Appleton suggested that a public hearing be held at MLR, not just
for Fred Hoots park but for all parks,
2, Diecuse Amendment to the Denton Development Plan Concerning
Greenbelts - Frank Robbinsi
Frank Robbins presented the plan for greenbelts to be used to
protect the 600 year floodplain. He said the presentation had also
been made to Vlann[ng and toning,
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Parks and Recreation Board Meeting
may 21, 1990
'Page - 3
After a discussion which included comments by the members of P and
Z and the Denton Chamber of Commerce, the consensus of the Park
Board was to support the plan and to offer assistance as needed.
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3. Martin Luther King, Jr. Recreation Center Advisory Board Meeting -
Catherine Bellt
F
No business.
Ve OTHER BUSINESS
1. Community Service for Probationers:
Carl Anderson introduced Louis Flores and Charlie Cole of the j
Denton County Probation Office. Mr. Piorea said a program was j
being considered to allow probationers to make restitution by j
performing community service. This service would help clean up
parks, athletic fields, and after big funotions. This would be
performed in the evenings and on weekends and wovid need
supervision. Mrs Cole said the probationers can be worked for no
more than 20 hours per weak and each probationer is thoroughly
I screened before being placed in the program. They came before the
I Board to ask for consideration of the program and to see about the
1f possibility for Implementation with the Parks and Recreation
Departments
Steve said the program would potentially be a big help to the
department, but the City Attorney would have to be consulted about
the legalities.
Roy moved that the Board recommend Steve investigate with the
Denton County Probation Board for this programs Rita seconded the
{ motion, and the motion was passed unanimously.
2s Memorial aresnspacei
Becky Kroll told the Board that a memorial greenspace had been
planned in memory of the children who had been killed in an
accident and who had lived in :he Parkway areas She said a person
who owned the property needed for the greenspace had offered to
sell the property to the group for approximately $30,000, and they
had someone to remove the buildings at no cost to the City. The
group would maintain the property until the Parks and Recreation
Department can provide the maintenances She asked the Board to
make a formal recommendation in favor of the plans
Dalton Gregory moved that the Board endorse the concept of the
parkway Children's Memorial Greenspaces Rita Pilkey seconded the
motion, and the motion was passed with a unanimous votes
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Parka and Recreation Board Meeting
may I1, 1990
page - 4
3. Community Development Block Grant After Sc7iool Care Pundingr
g Steve introduced Barbara Ross, Community Development Coordinator,
and said that CDHr3 had authorized funds to be used for an after
school program at Martin Luther Xing, Jr, Recreation Center. He
said the program had been developed at the cequest of the restdento
in southeast Denton. He provided the members with a paper that
offered three options for the program. Barbara said that CDBG had
voted to recommend the adoption of option I. Option I would
provide an after school action site at Martin Luther King, Jre
Recreation Center on all days that school is in session. The after .4 i
school action site would begin August 27 and continue until school
is out. It would be licensed by the Texas Department of suman
Services for 34 children and staffed with one Leader 11 and one
Leader I positions This would be funded with a grant from CDW in
the amount of =14,634. f
Rita Pilkey moved that the Park Board recommend the adoption of
option I for the after school program at MtKe Roy Appleton I
seconded the motion, and tho motion was passed with a unanimous
vote.
VIe ANQUEP.
On a motion by Rita Pilksy, second of Roy Appleton, the meeting was f
adjourned,
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CITY of DENTON ! 215 E. McKinney I Denton, Texas 10201
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M E M O R A N D U M
TOt stove Brinkman, Director of Parks and Recreation
PROMS Beth Stribling, Leisure Services Administrator
DATEt may 6t 1990 {
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SUBJECTS Community Development Block Grant After School Cate funding I
f I
Barbara Rose, Community Development Coo:dinatort and I have met per your
request for information in response to the City Council questions regarding
the development of an after school program at Martin Luther King* its
j
Recreation Contort i
it is our understanding that there were three mayor concerns addressed at the
May 2 Council meeting. They are as follovsS j
concern {
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14 if an after school progtamt funded witb !14,631 from a Community
Development block Orantt were to be offorsd at Merlin Luther Ring,
its Recreation Center, it would isolate low Income children and 1
would restrict the fundinV to one geographical area in Denton
instead of being spread out to the nine other after school sites
our department operates,
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1s Three options are listed below that would provide after school care
for latchkey children, Theme three options are based on the Parks
and Recreation Department receiving no additional CD90 funding
other then the original $14#634 plus 3,000 for insurance, for more
information see the attached reports
' soli n i
I provide After School Action Site at Martin Luther Ringt Jet
Rscfestion Center on all days that school is in eaesi6n, The After
School Action Site would begin August 17 and continue until school
I is outs it would be licensed by Texas Department of Ruman corvidos
I for 14 children and staffed with one Leader it and ons Leader I
position,
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Option it
1' Provide After School Action Site at Martin Luther King, Jce
kecreation Center on all days that school is in session. The After
School Action Site would begin August 77 and continue until school
is out. It would be licensed by Texas Department of Human Services
for 15 children and staffed with one Leader it position.
Plus, provide nine CDBO scholarships to be used either at each of
the existing nine After School Action Sites or at any site
City-wide where there may be multiple needs. full scholarships are
valued at $450 per child per year,
Option iij (This is an option but is does not meet CDBti regulations) t
Provide 34 CCBO scholarships to be used at the existing nine sites
w(th no more than six scholarships to be made available per sites
Concern
2e what happens if no money is forthcoming for the 1991-97 school year?
I
Response
7, The program provided through the $14,634 grant could not be offered
if CDBd was unable to allocate funds. CDBO is unable to quarantee
that funding could be provided for more than one year at a time,
The narks and Recreation Department operates all After School
Action Sites through fees, it receives no general fund support for
personnelr licensing, supplies, training, car mileage, special
services or any other direct cost.
-Concern
3, Nov will children be transported from D1SD elementary schools to
the Martin Wither King, Jr. Recreation canter,
~Z
34 Children that would be eligible and registered for this program and
who are bussed out of the MLK neighborhood to attend elementary
school would need to be returned after school directly to the site
of the program at MLK or to their bus stops. with special
permission from parents, children can walk from this has stop to
the site, children in this neighborhood are bused to all schools
E a copt Borman Houston and McNair,
` M8606 passed during the 718t Texas Legialatursr allows school
districts to expand school bus routes to include transportation of
regularly attending children from school to an after school site,
Districts may shat, a fee for such transportation.
We have initiated some action regarding this need with frank
fullerr Director of Community Education with DiSD.
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I! we can provide additional information, please fat us know, We have
attached a recent article from the winter 1989-90 issue of TRAPS Magaaine, It
indicates the concern for child care on a national level, We believe that the
site at MLE would be one way that our city can help to address a need for
parents who could not afford this kind of case,
j
Finally, we must keep in mind that federal regulationa for the CDBO Program
require that a quantifiable level of service must be provided through their
funds, It is believed that at least 15 children provided with the opportunity '
to attend an after school care program would meet these requirements,
both Stribli g
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Copy toj Alicia As Mentell, Superintendent of Leisure Services ±
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ReCR21al
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COMMUNITY DEVELOPMENT BLOCK GRANT
x AFTER SCHOOL FUNDING
Option I
S I
Provide After School Action Site at Martin Luther ring, Jr. Recreation Center
x on all days that School is in reesion. After School Action Site would begin
August 27, and continue until school is out.
As Licenain~ a -
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it Site would be licensed through the Texas Department of Human
Services to provide after school care for 34 children in y
grades K through 6.
2. Recommended guidelines sot by TDRS to obtain day care
licensing requires a minimum of three months,
84 operational cost
1. Operational costs to operate the After school action vita
Program at MLK are $14,634,
2, Prepared budget is based on operational coots for the After
School Action site program. The Parke and Recreation II
Department is not able to financially underwrite any of the I i
proposed budget, The After School Action site program
operates on fee generated Income,
3, The cost of the program would remain the tame regardless of
the number of children atte Ming the mitt, Division must hire
on an annual basis and assumem that a site will serve 34
children when recruiting and selections are In
process, MLx
would be staffed with a Leader It and a Leader is
C, funding I
Is The program would be funded by a CDBG grant of 114,634. The
Parks and Recreation Department would submit monthly reports
to Coaaau,aity Development and would be paid for the coat of the
program on a monthly basis, Community Development would also
fund 00000 insurance cost required by finance,
' D. 9cholatshSpauidelo•
1, Guidelines for scholarships are as followso
` s, full scholarships to children from low income families
` I ($19,BSO or below for family of four).
J b, Partial scholarships of $25 per month to children from
moderate Income families (131,750 to 1191151 for family
of four),
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co Fees collected would help to ulderwrite the 114,634 J
operational budget of the program. Any exceso would be I
E used to purchase additional e%jipment or supplies for the 1
program. 1
d. Screening for scholarships would be handled by the Parka
and Recreation Departmento
p
option 11
4 Provide After School Action Site at Marten Luther King, Jr. Recreation Center
on all days thaL• school is in session. The After School Actios, Site would
bogie August 27 and continue until school is out. It would be licensed by
Texas Department of Human services for 15 children and staffed with one Leader
it position.
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Plus, nine CDBG full scholarships will be provided to be used either at each
of the existing nine After School Action Sites at any site City-wide where
there may be multiple needs, lull scholarships are valued at 1450 per child
per year.
A. Licensing
licensed though the Texas Department of Human
1) The site wo~sld be ,
services to provide after school care for 15 children in grades R
through $a
2) Recommended guidelines set by TDHS to obtain day care licensing
require a minimum of three monthas
j
B. ORSrationakgosts
1) Operational costs to operate the ASAS site at MLE by reducing it
from 34 to 15 children would save 13,370 by decreasing the level of
stetting from two to one staff.
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2) The above listed savings of 130370 plus other reductions in
operational cats that would occur by reducing MLH site to 15
children would provide monies to fund nine full CDBO scholarships J
to be used at the nine sites. Each scholarship is broken down as
followal 1
I! Registration Net 1 20 1!
I 7 Months 1 150 per Month 350
III 2 Months 1 140 per Month _.00.
Total 1450
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C4 NONAa
1) Both parts of Option it would be funded by a CDBO grant of
114434. The Parks and Recreation Department would submit monthly
reports to community Development and would be paid for the cost of
the program on a monthly bails. Community Development would also.
fund a 130000 insurance cost required by Finance. 1
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D. Scholarship Guidelines
} 1) Guidelines for 1S scholarships at the MLR site are as follows;
a) pull scholarships to children from low income families
(119,$S0 or below for a family of four).
b) Partial scholarships of 125 per month to children from
moderate income families ($31,750 to $19,BS1 for family of
1 four).
c) Pees collected would help to underwrite the $14,634
operational budget of the program, Any excess would be used
to purchase additional equipment or supplies for the program.
d) Screening for scholarships would be handled by the Parke and
Recreation Department,
2) Guidelines for nine scholarships ace as follows;
a) Full scholarships to children from low income families
(;19,850 or below for family of four).
b) Screening for scholarships would be handled by the Parks and f
Recreation Department.
Option III
Provide 34 CDBG scholarships to be used at the existing nine sites with no
more than six scholarships to be made available per site.
II ,
A. Licensing
1. Licensing of all nine sites is already in place.
as Operational costs
1. Operational costs per the 34 scholarships would be ,$14,634,
C. Funding
1, The scholarships would be funded by the COW grant of $14,634.
D. Acholarahio Guidelines
1. Guidelines for scholarships are as followsi
a, full scholarships to children from low income families
(119,850 or below for family of four).
b. Lie nsing for scholarships would be handled by the Parks
and Recreation Department.
RECR2142
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QUALITY CHILD CARE:
A GROWING NEED
by Linda Welsh, Child Care Coordinator, City of Austin
Now is an ocitin • time to •
b Mne mullion children groups for young ctutdren
be invoi%-W in child care: under age five have a and their mothers or
r+ the mood is one of growth, working mother; fathers, and programs for
development, and innov• schoo}.age children and
anon. Public awareness is • By 1995, two out of three teens. Since child care
heightened. Covemment preschoolers and four out needs and resources differ
and business leaders have of five school•agers will from community to com.
y begun to recognize that have a mother in the muni
child care is a societal con- labor force; h• an accurate needs
tern and that our effective- assessment is critical to
ness in meeting this need • More than one child in identify aps your mm-
i will shape the future citi• five is raised in a single- murdty that can be efface
zero of this country. The parent household; lively met through PARR
Children's Defense Fund p'
estimates that for every ;t • For working families
invested in high qua Itty with young children, the Throughout the country, the
Preschool programs, S6 are cost for full-time child saw child care concerns
saved in lowered costs for care is the fourth largest and problems are voiced
i over and over again The
f specW education, grade expense after housing, inter-related Issues of af-
retention, public assistance, food, and taxes; and fordabillty, qquality, and
and crime later on As • Almost one-fourth of access to services i
an working with Texas children live in to beat' on the major crittis i
children, we must face the poverty. in child care - 1wint end
challenge of developing a retainGtg gt•drjtad ta~j 'f'he
high quality child care National Child Care
system tailored to meet our s $W
community's needs and Families' needs for child dY relaxed by White.
hite• f
concerns. Parks and nacre- care services vary widely book, Howes, and Phillips
anon programs can and depending on the age of points to severe problems
should be an integral part the child, the hours care is Tour child care system.
of this child care iystem. needed, family income, pre- Turnover has tripled from
ferences for type of pro- 150o in 1977 to 41% to 1988.
In a 1989 re n issued by gram, and community Wages were the most
the National League of sources, Most child care Important determinant of
Cities, Our Fxiurr And Our programs are designed for turnover, with those of the
Clnly Hope., A Surrey 6u City full-time care roe pre- teaching staff earning the
l Halls Rejur,fing Chil,lren an? schoolers -luring standard lowest wage almost twice
Families, cMd care was the working hours (r30 am.- as likely to leave as those
number one need of child- 5:30 p.m), Thus, many teachers eiirring the highest
'i rcn In large and ;mall communities have gaps in wage. This high turnover
communities nationwide. services for infants, children comes at a time when there
The need for affordable, with disabilities, school. is tremendous growth in
high quality child care aged children, pan-time the need for child care and
services is evident when care, and non-traditional services- The edu Bure al
you consider: hours Me., evitaings and - o U. S, Bureau
week-ends). Parks and rec-
reation departments can the year 2000, the demand
• Twenty million develop programs to for child are worker will
children ages 9.14 address particular needs grow by 20% and for pm
have a workin such as ppaart-time activities school teachers by 3696.
mother; g for preschoolers, Mother's- national avera~gge wage The I Day-Out programs, play- for caregivers Is 5939 per
i Tat Recreation and Park Socloy / 11
I S
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PROPOSED BLDGET
AFTER SCHOOL ACTION SITE
XARTIN LLTHER KING. JR. RECREATION' CENTER
Qevenue 961-6767
Registration Fee S 680.00
$20 x 34 participants
Monthly Fee
$50 x 33 participants x 7 months $11,900.00
540 x 34 participants x 2 months gi20_OQ
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Revenue Tctal $15,300.00
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Ernersdi to res
8026 - Staff S 6,498.40
8061 - FICA
8064 - K/C 488.03
69
8112 - Recreation Programs 256.
0
8502 - Special Services 918.00
Support Staff 826.00
Startup Supplies 4,797.18
850.00
514,634.30
EaIlgnditurea 1
3
~ ~ $428 - Stalt
1 staff x 55 x 684 hours = $3,420,00
1 staff x 54,81 x 640 hours a
3.0r8.4Q
$6,498.40 f
$061 _ FICA
$6.498,40 x 7,51%
5488.03
,
$os4 - x~c
~ `°+LL. 16,498,40 x 3.951 ~
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5256.69
` 8112 - R cremti n Protra1q
34 participants x 53 x 9 months 7
$918.00
$502 - Special a rvlce•
After School Action Site Training 5110.00
Insurance - 34 participants x $10 0
340.00
` License Fee 70.00 ~
Field Trips - 51 x 34 participants x 9 months ■ 308.00
$826.00
Support Stali tPro-rated batwm n 10 site
Children's Program Supervisor 52,473.28 r~
After School Action Site Coordinators 1008,48
Rovers 686.24
` Division Support Staff
54, 791',18
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T startup Supplies
Storage Unit $500.00
'
Balls, Gaaes, Etc. 200.00
Scissors, Crayons, Paint Brushes, Paper. Etc. 330.00
$830.00
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MEMORANDUM
DATE: May 31, 1990
TO: Lloyd V. Harrell, City Manager I
FROM: Mark L. McDaniel, Budget Analyst
v
THROUGH: John F. McGrane, Executive Director for Finance
SUBJECT: UPDATE OF CITY COUNCIL
BUDGET PRIORITIES QUESTIONNAIRE
Please find attached updated survey results of the City Council Budget Priorities j j
Questionnaire. Mayor Bob Castleberry and Councilmember John Trent's
f
questionnaires have Lees incorporated into the results, while 'out-going"
Councilmember questionnaires have been omitted. I
j
L f If I can answer any questions regarding the attached retabulated results, please
1 advise.
i
Mark L. McDaniel
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g SURVEY RESULTS OR
CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE
1990-91 BUDGET
..MT3q VALVE
NO OPINION 0
ELIMINATE CURRENT EFFORT I
SUBSTANTIALLY REDUCE CURRENT EFFORT 2
REDUCE CURRENT EFFORT 3
CONTINUE CURRENT EFFORT
INCREASE CURRENT EFFORT 5
` SUBSTANTIALLY INCREASE CURRENT EFFORT 6
INMATE NEW EFFORT 7
CUMM ILAIM AVERA0,6,SERVICEAREA SCORE SCORE'
STREET MAINTENANCEIREPAIR 36 5.14
STREET CONSTRUCTIONIRFBUIL.DLNO 35 5.00
DRUG ABUSEdfE NFORCEMENT PROGRAMS 33 4.71
COMMUNITY ORIENTED POLICING 33 4.71
PARK MAINTENANCE (ATM FIELDS, ETC) 32 4.57
I~ LOW k MODERATE INCOME HOUSING 32 4.57
PUBLIC TRANSPORTATION (SPAN, ETC.) 32 4.57
t CRIME INVESTIGATION 27 4.50
LITTER PROGRAMS 31 4.43
CODE ENFORCEMENT 31 4.43
RECYCLING EFFORTS 31 4.43
STORM DRAINAGE IMPROVEMENTS 31 4.43
NEW ATHLETIC FIELDS 31 4.43
CITY BEAUTIFICATION (PARKS, FAC, NW) 31 4.43
MUNICIPAL COURT 31 4.43
STREET SWEEPING 31 4.43
EMERGENCY MEDICAL (AMBULANCE) 30 4.29
POLICE PATROL 30 4.29
TRAFFIC SIGNALIZATIONIENGINEERING 30 4,29
CIVIC CENTER MAINTENANCE 30 4.29
YOUTH RECREATION PROGRAMS 30 4.29
INTERNAL AUDIT/MANAGEMENT SERVICES 30 4.29
FIRE PREVENTION 30 4.29
ECON DEV UTILITY INCENTIVE LINES 30 4.29
ECON DEV UTILITY INCENTIVE RATES 30 4.29
LEGAL 25 4.17
BUILDING INSPECTION 29 4.14 w
FIRE SUPPRESSION (FIGHTING) 29 4.14
NEW PARKSIPARK MANSION 29 4.14
EMPLOYEE PAY PLAN AWUSTMENT BENEFITS 29 4.14
I WATER ITTORAAWRESERVES 29 4.14
1 LIBRARY PROGRAMS 29 4.14
LONG RANGE COMPREHENSIVE PLANNING 29 4.14
DRAINAGE DISTRICT 29 4.14
NEIGHBORHOOD SERVICES (NICE, ETC.) 29 4.14
i
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cuMMULATnT AVERAGE
S6RYlCEA1~EA • SCORE SHORE
ECON DRY (TAX ABATEMENT, ETC.) 29 4.14
NEW WASTEWATER TREATMENT PLANT 29 4.14
RESERVE FOR FUTURE FIRE STATION 29 4.14
SENIOR CITIZEN PROGRAMS 29 4.14
FWANCH/ACCOUNTINO/MUDOET/RISK MOM'f 29 4.14
RECREATION CENTER PROGRAMS 28 4.00
LIBRARY YL UTH SERVICES 28 4,00
EMERGENCY PREPAREDNESS (MGM T) 28 4.00
PARKINGITRAFFIC ENFORCEMENT 28 4.00
AIRPORT DEVELOPMENT 28 4.00
LIBRARY REFERENCE SERVICES 28 4.00
OPERATIONS ANALYSIS 28 4,00
SOLID WASTE PRIVATIZATION 28 4.00
DOWNTOWN REDEV (MAIN ST., ETC.) 28 4.00
DEVELOPMENT REGULATION; S17tEAMLININa 27 3.86
CONTRIBUTIONS TO SOCIAL AOFNCIES 27 3.86
ENVIRONMENTAL HEALTH 27 3.86
NEW ATHLETIC PROGRAMS 27 3.86
LIBRARY EXPANSION 27 3.86
LNFOAMATIONIDATA PROCESSING 27 346
ANIMAL CONTROL 27 3.86 `
HOTEUMOTEL TAX CONTRIBUTIONS 26 3.71
LIBRARY AUDIO VISUAL SERVICES 26 3,71
EMPLOYEE TRAININ&DEVHIOPMENT 26 3.71
AFFIRMATIVE ACTION 26 3.71
PERSONNEL RHCRUTTMBNT 25 3.57
GREENBELT SYSTEM PLANNINO/DHV 25 3.57
PUBLIC INFORMATION OFFICER 24 3.43
0T71BR SUPPORT OF CHAMBER OFFICE • S 3.00
1.
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•N • PROIOM AND IL4 TED 8Y ONE (1) OF SEM COUNCIL MUtRERS.
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e CITY OF DENTON CITY COUNCIL MINUTES
APRIL 17, 1990 J
The Council convened into the Work Session at 5:15 p.m. in the 11
a' Civil Defense Room.
Col
sunand
a PRESENT: MembersStAlexanderp Boyd# Gorton, AY Hopkin
t
McAdams.
)
p ASSENT: None
t
r 11 The Council convened into Executive session to discuss
i
t legal matters (considered action in In Re: _F low), teal estate
and personnel/board appointments.
Council Member Hopkins left the discussion during in Re: Flow.
y, The Council held a discussion regarding the proposed
sexually oriented business ordinance.
Joe Morris, Assistant City Attorney, stated that the major
question from the last Council meeting centered on the
definition of adult bookstore/adult video store. The language
was changed in the ordinance to indicate that all materials
were not covered unless taken as a whole. It would not cover a
film that perhaps had just one incident of the specified sexual
activity. The other concern of the Council was a licensing
provision. After reviewing the ordinance, staff felt that a
license requirement was not needed at this point in time in
order to enforce the proposed ordinance. At a future date, a
licensing requirement could be implemented if necessary. This
was a zoning ordinanwhich ce as sexually restriction oriented,
on certain types
The enforcement mechanism would be the same as in any violation
of the City's zoning ordinance. The main difference between
y the Dallas ordinance and the Denton ordinance was that Dallas
imposed their ordinance when they had scores of these
businesses already in operation. The license provision would
have nothing to do with non-conformity. Licensing would be an
administrative mechanism that could be implemented at any time
and would apply to any business that was covered. There was be
} a potential risk with a license for litigation.
Council Member Alexander asked if thEre would be a problem with
implementing a license provision on any existing businesses.
Morris replied that licensing was not a zoning question. so
whether a business had been in the City before or after a
license was implemented, really did not matter, An ordinance ce
in order to continueotodope have to ate. comply n
could be obtain
tain the license n o
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w April 17, 1990
Page 2
I
i Council Member Gorton agreed with the idea of dealing with the
licensing issue as a separate issue.
Consensus of the Council was to bring the licensing proposal
X back for future discussion.
3. The Council held a discussion regarding results of
FY1990-91 City Council Budget Priorities Questionnaire.
Y Lloyd Harrell, City Manager, stated that staff had taken the
Council priorities and ranked them so as to guide staff during
j the budgeting process. The rankings had bten included in the
Council packets.
i
4. The Council held a discussion regarding FY1990-91
budget requests from the Municipal Judge and City Attorney.
Sandra White, Municipal Judge, stated that her major concern
was changing juvenile court to an evening court. She was also {
asking for a handbook to be printed, a revision of forms and
judicial robes for the alternate judges.
Debra Drayovitch, City Attorney, stated that she had two items
above her usual budget requests - a debt collection manual and
a network capability to connect all computers in her office.
i 5. The Council received comments from City Council
regarding the proposed Denton policy statement for tax
I abatement.
,
Lloyd Harrell, City Manager, stated that page 5 of the policy
had been updated to incorporate wording on the chart to include
personal property along with the value of the structure.
L School Board President Bettye Myers stated that the School
I Board would give formal consideration of the policy at their
meeting of the following week. It wruld be considered at the
Z Council meeting in two weeks. Staff would suggest that Council
consider the proposed policy as proposed by the Committee,
recognizing that, at a later date, refinements could be made.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
PRESENT: Mayor Stephensi Mayor Pro Tem Ayerl Council
Members Alexander, Boyd, Gorton. Hopkins and
McAdams.
None
j ABSENT:
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City of Denton City Council Minutes K
r April 17, 1990
Page 3
1. The Council considered approval of a resolution of
appreciation for Edmond Dawson.
Mayor Stephens presented the resolution to Mr. Dawson.
The following resolution was considered:
NO. 90-015
A RESOLUTION OF APPRECIATION FOR EDMOND DAWSON
Gorton motioned, Ayer seconded to atprove the resolution. On
roll vote, M-Adams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
'aye.' Motion carried unanimously.
s 2. Council received -i citizen report from John Hawley
regarding a reoccurring encroachment by the City on a vacant
lot located on Paisley Street.
Mr. Hawley, representing his mother, stated that the property
was located at 801 Henry Street. He was requesting a response
from the City regarding a reoccurring encroachment of the City
on the vacant lot. A drainage pipe had been installed on one
corner of the property which was causing erosion of the
property. As the property was near the minimum length required
for development, he was concerned that this erosion would not
allow possible future development of the property. Mr. Hawley
had sued the City regarding the property and part of the i
I settlement was to strengthen the banks of the creek on the
property. This had been done inadequately and water jumped the
curb, eroding the property. He suggested a concrete wall be
installed and filled in behind it which should be sufficient to
take care of the stream. He stated that previous
correspondence with the City had not be effective and was
requesting the Council help with the matter.
Mayor Stephens thanked Mr. Hawley for his presentation and
stated that the City Manager would designate a staff person to
assist him with the matter.
3. The Council received a citizen report from Robert
Powell regarding the positive economic impact of the Fry Street
Fair and Renaissance Festival on the economy of the City of
Denton and the Fry Street Business District.
i
i Mr. Powell stated that he had talked to some business people on
Fry Street, including tha Flying Tomato, the Corkscrew and the
record store, and all had experienced a large increase in
business during the Fry Street Fair. As all of the sales were
taxable items and brought money into the City, it did not make
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City of Denton City Council Minutes
April 17, 1990
Page 4
sense to chase money ouL of the City.
4. The Council received a citizen report from Joe Dodd
a regarding pornography and child protection and items not
3 addressed in the proposed sexually oriented business ordinance.
{ Mr. Dodd read a statement to Council regarding the display of
sexually oriented materials to minors. He felt that the First
Amendment right of adults did not include reckless handling of
material unsuitable to minors. He felt that the 'back room' of
general interest video stores was one of the few places that
the material should be available. It should not be next to
video games or on cable television. Convenience stores could
display magazine titles away from children's reach and still
service their customers. He offered suggestions for future
consideration by the Council.
5. The Council received a citizen report from Jerry Shoop
regarding an alternate site for the proposed water treatment
plant on Hartlee Field Road.
Mr. Shoop read a statement to Council indicating that he felt
the project would be a tremendous d3triment to the
neighborhood. He urged the Council to help the neighbors
preserve the neighborhood and property values by selecting an
alternative and less populated area for the project.
i 6. The Council held a public hearing regarding the
establishment of Denton Enterprise Zones.
E Betty McKean, Executive Director of Economic Development/
Municipal Services, stated that the item was on the agenda Lo
provide an opportunity for the public to respond to the
boundaries for the two proposed enterprise zones. Zone One
covered 9.16 acres, Zone Two covered 6.66 acres. These were
areas which would allow the City to offer incentives for
development to industrial development. Staff had been working
with the Texas Department of Commerce, which had been analyzing
the statistics, and the Chamber of Commerce in an attempt to
maximize the boundaries. There had been a small addition to
the eastern boundary of Zone Two, There would be an additional
public hearing on May 1, 1990. J
Council Member Boyd asked why the boundary had been changed.
McKean replied that there were very strict technical
statistical requirements for the zones. The boundary had to be
adjusted to satisfy the population requirements plus industrial
requirements for the zone. +
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City of Denton City Council Minutes
I April 17, 1990
Page 5
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The Mayor opened the public hearing for Enterprise zone it.
l Robert Powell spoke In favor of the Enterprise Zone II. He
felt it was the wiser of the two zones and would attract note
disadvantaged people for yobs. He felt Zone I was not quite as
good as Zone 11.
s
`~r + The Mayor opened the public hearing for Enterprise Zone I.
9 Chuck Carpenter spoke in favor of both zones. He stated that
the zones would put the City on the same level of competition
with other cities. It was another tool to work with and helped
existing industries.
Linda Cole, speaking on Zone I, asked what type of Industry
would be built in the zones and what the establishment of the
zone would do to property values.
i
McKean stated that any new business would have to most current 1
zoning standards. The City would be trying to attract high
quality businesses such as distribution centers or high tech
manufacturing.
i
Council Member Boyd stated that there were incentives for ;
plants which located within the areas to hire people who live
within the areas. It a plant was located within Zone I, it
could hire economically disadvantaged people from either Zone I I
or Zone 11.
I I
Lloyd Harrell, City Manager, stated that there were other
!i communities which had enterprise zones for quite sons time and
that this would allow the City to more effectively compete with
those cities. All of the local incentives were incentives that
the City had on the books at the present time and could offer
to an industrial prospect.
Trey Martino stated that there were some subsidized housing
projects on Loop 269 which appeared not to be included in Zone
It and suggested looking into including those areas,
M. C. Bitch stated that his property was included in one of the
zones and was not consulted about such an inclusion.
Mayor Stephens replied that inclusion in the enterprise zone
would probably make the property note desirable to an investor
than land not in the zone.
Patrick Long had 100 acres In one of the zones and asked how it
f affected brinrying people into the City limits.
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City of Denton city council minutes
April 17, 1990
Page 6
Mayor Stephens stated that it would be considered on a
case-by-case basis.
d
.
Cal Redfoot asked about the track records of the
zones across the state. enterprise
How did they affect each city.
McKean replied that many prospects asked if the City had these
zones. It was a great way to Jell the City - a positive way to
develop the City. It was a major marketing tool for the City.
The Mayor closed the public hearing for Zone I and Zone II.
II 7. Consent Agenda
p McAdams motioned, Gorton seconded to approve the Consent Agenda
as presented. Motion carried unanimously.
r
A. Bids and Purchase Orders;
1. Bid 01089 - Wire, Cable & Connections
2. Bid 01092 - Pickup & Trucks
3. Bid 01081 - Side Loading Refuse Truck
4. Bid #1080 - Concrete Work - Malone Street
5. RFP 01003 - Telecommunications Systems
B.
Tax Refunds
1. Considered approval of a tax refund f.or John
F. Hohman/American Airlines Credit Union
Council Member McAdams left the meeting.
8. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and
contracts for the purchase of materirovidin tot t award of
als, equipment,hsupplies or
services. (7.A.1. - Bid 01089, 7.A.2. - Bid 01092, 7.A.3. - Bid
01081)
! The following ordinance was considered:
NO. 90-059
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.
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City of Denton City Council Minutes
April 17, 1990
Page 7
t
Gorton motioned, Hopkins seconded to adopt the ordinance. on
roll vote, Alexander "aye," Hopkins 'aye,' Gorton 'aye,' Ayer
'aye," Boyd 'aye,' and Mayor Stephens "aye.' Motion carried
, unanimously.
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements. (7.A,4. - Bid 11090)
The following ordinance was considered;
NO. 90-060
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND :FOVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORt AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, Alexander 'aye," Hopkins "aye,' Gorton 'aye,' Ayer
'aye,' Boyd "aye," and Mayor Stephens 'aye.' Motion carried
unanimously.
C. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract
between the City of Denton and GTE and providing for an
increase in the contract price. (7.A.5. - RFP 11003)
Mayor Pro Tem Ayer felt that this seemed to be a substantial
change and wondered how a change of that magnitude would occur
so soon after such a thorough study and analysis of needs.
Lloyd Harrell, City Manager, stated that bidding for the phone
system was a two stage process. An inventory was done with a
standardization of items so that comparable items were in the
bid. It was noted at that time that a second stage would
involve discussions with all of the phone users in the City
which resulted in changes in the demand for certain types of
phones. There was still a gap of approximately $41,000 left in
the adopted budget even after the execution of the proposed
change order.
Council Member MCAdems returned to the meeting,
Mayor Pro Tem Ayer stated that it was his understanding that
the system had been studied so thoroughly that it was absolute
about what was needed.
Harrell replied that he was sorry if that was the impression
would butnecessarytaff level it was known that the second stage
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r City of Denton City Council Minutes
April 17, 1990
Page 8
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The following ordinance was considered:
` NO. 90-061
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
GTE; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICEI I
" AND'PROVIDING AN EFFECTIVE DATE. 1+
Ayer 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.
Item F. was considered out of order.
F. The Council considered adoption of an ordinance {
altering speed zones on Bonnie Brae Street from Scripture
Street to U. S. Highway 77 for a distance of 2.5 miles;
providing for a penalty of a fine not exceeding two hundred
dollars ($200.00); and providing a severability clause. (The
Citizen Traffic Safety Support Commission recommended approval.)
i
The Council recognized Norma Gamble.
Me. Gamble requested that the item be returned to the Citizens
Traffic Safety Support commission for reconsideration as none
of the residents in the area were notified about the change in
the speed limit. She felt it was too fast as children used the
area to go to North Lakes Park.
E Jerry Clark, City Engineer, stated a speed zone was determined
by the State Highway Department formula. A radar study was
" done at several locations, recording exactly the speed of each
car in the area. The 85th percentile was determined and the J
proposed speed zone would be within 7 miles per hour of that
percentile. Normally, the speed limit in a rural area such as
the proposed area, was kept on the lower end of the
percentile. Normally, speed zoning was not a method of going
and contacting each resident. )
City Manager Harrell stated that it was difficult to gain
compliance with all residents in an area.
McAdams motioned, Hopkins seconded to postpone action on the
ordinance and refer it back to the Citizens Traffic Safety
Support Commission for a public hearing on the issue,
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City of Denton City Council Minutes
April 17, 1990
Page 9
` Council Member Hopkins stated that she wanted the people on the
street notified and that staff should do it every time before
h something was done to a street.
F
City Manager Harrell stated that the problem of setting speeds
based on simply the desires of people who live along that
particular street, was that it was very difficult or impossible
to gain that type of compliance.
Mayor Pro Tem Ayer supported the cemments of the city manager
adding that the Council very recently set speed limits on
several streets without the residents being involved. He felt
that parking and speed limits were totally different and needed
to be handled differently,
Council Member Boyd stated that there were two groups being
served - people using the streets and people living in the area.
Council Member Alexander asked what the motion before the
Council meant. Hd felt that the motion did not mean that
formal legal notice would be given to every resident along
every street where a proposed speed limit change was. That
might be difficult from a legal standpoint. A public notice in
the newspaper might be an alternative to consider.
Council Member Hopkins stated she was not indicating that she
wanted permission for the change by the residents. Just
notification of the people of the proposed change.
i
E Council voted on the motion to postpone. On roll vote, McAdams
"aye," Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer
'aye," Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried
unanimously.
Council returned to the regular agenda order.
D. The Council considered adoption of an ordinance
authorizing the City Manager to execute a supplemental
agreement between the City of Denton, Texas and Alan Plummer
and Associates, Inc. for consulting serviced and authorizing
the expenditure of funds therefor.
Bob Nelson, Executive Director for Utilities, stated that Alan
Plummer and Associates, Inc. had assisted Denton with the first
phase of the process for renewal of the Texas Water Commission
permit for treated wastewater discharge. The City was entering
` into the second phase and additional services were needed to
provide technical assistance for developing information for the
permit.
T _
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April 178 1990
Page 10
r The following ordinance was considered:
s
i NO. 90-062
j AN ORDIVANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
d SUPPLEMaNTAL AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND ALAN PLUMMER AND ASSOCIATES, INC. FOR
CONSULTING SERVICES; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE.
Gorton motioned Ayer seconded to adopt the ordinance, On roll
vote, McAdams aye, Alexander "aye," Hopkins "aye," Gorton
'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye," i
r Motion carried unanimously.
E. The Council considered adoption of an ordinance
of the City of Denton, Texas, amending Appendix B - Zoning of
the Code of Ordinances by adding a new Article 28C defining and
regulating the location of sexually oriented businesses;
providing additional regulations for escort agencies, nude
model studios, adult motels, adult theaters, and adult motion
picture theaterst providing regulations for the display of
sexually explicit material to minors; amending the schedule of
uses to prohibit sexually oriented businesses in certain
districts; providing for a penalty in the maximum amount of
$1,000.00 for violations of location requirements; providing
for a penalty in the maximum amount of $500.00 for all other
violations; and providing for a severability clause.
Council recognized Diane Edmondson,
Ms. Edmondson requested the Council consider a licensing
provision for the ordinance at a near future date.
Gorton motioned, McAdams seconded to adopt the ordinance.
Boyd motioned for ar, amendment to the main motion to remove
districts GR, C, and CS from areas where a sexually oriented
business would be allowed.
Frank Robbins, Executive Director for Planning, stated that one
of the legal issues was that this type of business could not be
zoned out, If the districts proposed by Council Member Boyd
were eliminated, he would be concerned that there would be a
very limited number of places authorized such as the LI, HI or
PD districts. Robbins was concerned
elimination of the C district, Particularly with the
Motion for amendment died for lack of a second.
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Council Member Boyd motioned for an amendment to the main
motion to remove GR and CB districts from the type use list.
Motion died for lack of a second.
+ Council Member Alexander stated that he was not necessarily
opposed to the amendments proposed by Council Member Boyd but
felt that the ordinance had been considered as a whole and
should be approved as such with revisions made at a later date.
j Council Member Boyd stated the general retail and the central
I! business district should be removed for a number of reasons.
He would like staff to show Council what the removal of those
type district would do to the ordinance. He would contend that
there were still a large number of places that would fit into
LI, HI and PD,
The following ordinance was considered:
NO. 90-063
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
APPENDIX B - ZONING OF THE CODE OF ORDINANCES BY
ADDING A NEW ARTICLE 28C DEFINING AND REGULATING THE
LOCATION OF SEXUALLY ORIENTED BUSINESSES; PROVIDING
ADDITIONAL REGULATIONS FOR ESCORT AGENCIES, NUDE MODEL
STUDIOS, ADULT MOTELS, ADULT THEATERS[ AND ADULT
MOTION PICTURE THEATERS: PROVIDING REGULATIONS FOR THE
DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS;
AMENDING THE SCHEDULE OF USES TO PROHIBIT SEXUALLY
ORIENTED BUSINESSES IN CERTAIN DISTRICTS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000600 FOR
VIOLATIONS OF LOCATION REQUIREMENTS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $500,00 FOR ALL OTHER
VIOLATIONSI PROVIDING FOR A SEVERABILITY CLAUSEI AND
ESTABLISHING AN EFFECTIVE DATE.
Council voted on the motion. On roll vote, McAdams "aye,"
Alexander 'aye,' Hopkins 'aye,' Gorcon 'aye,' Ayer "aye,' Boyd
'aye,' and Mayor Stephens "aye." Motion carried unanimously,
G. The Council considered adoption of an ordinance
j prohibitinq parking of vehicles on both aides of Bonnie Brae
Street, from old Bonnie Brae Street (at McKenna Park) to U.S.
Highway 77. (The Citizen Traffic Safety Support Commission
recommended approval.)
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City of Denton
April 17, 1990 City Council Minutes
Page 12
The following ordinance was considered:
NO. 90-064
a i
r AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON BOTH SIDES OF BONNIE BRAE
STREET, FROM OLD BONNIE BRAE STREET TO U.S. HIGHWAY
771 PROVIDING A SEVERABILITY CLAUSE) PROVIDING A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS) AND
DECLARING AN EFFECTIVE DATE.
Ayer 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.
9. Resolutions
A. The Council considered approval of a resolution
temporarily closing Congress Street between Alice Street and
Denton Street on Friday, May 4, 1990.
Council Member Gorton left the meeting.
The following resolution was considered:
NO. R90-016
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET
BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY
4, 1990) AND PROVIDING AN EFFECTIVE DATE.
Alexander motioned, McAdams seconded to approve the
resolution. On roll vote, McAdams 'aye," Alexander 'aye,"
Hopkins 'aye," Ayer 'aye,' Boyd "aye," and Mayor Stephens
aye. Motion carried unanimously.
10, The Council considered a "Letter of Intent" regarding
Hartlee Field Water Storage Reservoir from the Public Utilities
Board.
Council Member Gorton returned to the meeting.
Bob Nelson, Executive Director for Utilities, presented the
Letter of Intent from the Public Utilities Board. (Exhibit A)
Gorton motioned, Alexander seconded to endorse the Lotter of
Intent. Motion carried unanimously.
11. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, did not have any items to present.
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Apr i Denton City Council Minutes
l 17, 1990
i Page 13
12. There was no official action taken during the work
Session Executive Session, i
13. There were no items of new business su
Council members for future agendas, ggested by
14. !
The Council did not meet in Executive Session during
the Regular Session.
With no further business, the meeting was adjourned at 8:59 p.m.
RAY 11 ENS, MAYOR
CITY OF DENTON, TEXAS
~ JEI~NIPER WALTERS,
C. U SECRETARY
CITY OF DENTON, TEXAS
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" r EXHIBIT A
1 CITY OF DLNTGN
LAKE RAY ROBERTS TREATED WATER SUPPLY SYSTEM
HARTLEE FIELD ROAD BOOSTER PUMP STATION
Neighborhood Coordination
Statue Report & Project Design do Operation Intent
April 9, 1990 j
16 BACKGROUND & PURPOSE
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An initial neighborhood coordination meeting was held on January
19, 1990. Since then, many additional parties have become 1
interested In the project Including neighbors not present at the
initial meeting, community groups, Denton County representatives j
and many citizens of Denton. Several presentations have been made
by different people regarding this project. The purpose of this report '
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is to address, In writing, the neighborhood's concerns and to provide
sufficient Information about the project so that the City Council I
may make responsible decisions regarding the development of the
Hartlee Field Road Booster Pump Station and Underground
Reservoir.
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II. SCOPE I
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This report addresses those neighborhood concerns expressed by
Wayne Dockery who Is the neighborhood representative. A meeting
was held on, Tuesday, March 130 1990, and moderated by Mr. Jerry
Cott of the Chamber of Commerce Governmental Affairs
Committee. Buddy Cote, County Commissioner, Bob Nelson,
Executive Director of Utilities, Bob Per,^e and Mike Nichols of
Freese and Nichols, Inc., Patty Kent, and Lee Allison, Utility
Engineering Administrator, wAre present.
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III* DESCRIPTION OF CONCERNS, RESPONSE AND STATEMENT OF
CONDITIONS AND INTENT.
P A. Underground Tenks/Covered Pumps
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The PUB passed & resolution directing the staff to design
underground tanks fir the site. The tanks will be "nestled"
Into the side of the ; id and bermed to cover the exposed side
such that only approximately 18" of the top edge of the
reservoir will be visible.
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The PUB also directed the staff to construct a building over
j the pumps to prevent pump noise from affecting the
surrounding area. This will be accomplished by constructing a
building over the pumps. This building will architecturally have j
the appearance of a high quality modern residential home
j similar to the homes In the nearby neighborhood. The Addison
Boater Station designed by Ginn, inc., Is a good example. }
B. Pump Noise
Insulation will be applied to the motors and the building to
minimize nola, hit, Dockery has visited a pump station in the
Town of Addison and Is satisfied with their level of noise
abatement. Denton will use design features to provide equal or
better noise abatement.
Mr. Dockery did note that on unusually loud noise occurred
during pump start-up. According to the design engineer,
Wayne Ginn, this noise was due to air release which results
from the Addison pumps being located above the level of the
i water In the tanks. which caused negative auction pressure.
J With such a design, air enters the piping when the pumps are
not running and then must be released upon startup.
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Denton will not experience this problem because the pumps
will be below the water level and, therefore, have positive
i auction pressure.
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C. Adequate Funding
Mr. Dockery Indicated the neighborhood is concerned that A
Inadequate funding could jeopardize any commitments to the
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neighborhood if bids are higher then expected.
i While It is Impossible to project the exact future cost of
i capital improvements, the staff has Included significant
contingencies to account for reasonable increases in coat. The
+ preliminary design report for construction of the site, which
l Included landscaping, underground tanks and a building over
the pumps was $2,508,196. Since $2,970,000 has been
budgeted for the project, there is $461,804 allowed in the
{ budget for inflation and other contingencies.
! Mr. Dockery expressed that the neighborhood was desirous of a
y t ! commitment from the Council to commit to funding the
project as herein outlined, even if bids came In higher than the
$2,970,000 budgeted. Although the staff believes that
sufficient contingency funds are available, the City would
hereby pledge to not proceed with the project until sufficient
funds are available to complete all portions of this first phase.
0. Residential Development of Surrounding Area.
Mr. Dockery expressed that the neighborhood also wanted a
f Resolution from the City Council and the
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Planning and Zoning Commission affirming their intention that
the surrounding area be developed In accordance with the r
r. Denton Development Plan and In a manner compatible with
C the existing high quality of residential development.
S The current Denton Development Plan does address this
concern, however, the beet assurance available at present Is
for the neighborhood to remain aware of any changes to this
plan or any future zoning that might occur and seek the
appropriate forum In which to address those concerns when
they arise. The City Council only has zoning jurisdiction over
areas Inside the city limits. For the Council to exercise
zoning control over the area, annexation Into the city would be
necessary.
E. Property Value Reductions due to the Neighbor's Perception
that this Facility Is an Industrial Facility. j
With the city committed to developing the site in a manner
that is architecturally and aesthetically compatible with the I
neighborhood is outlined In this document and with normal
neighborhood vigilance regarding future zoning and
development, this concern should be minimized. Underground
water facilities and residential neighborhoods are often
mingled together in cities around the metroplex, and all across
j the country, and in such area there has been no Indication of
I property devaluation. Therefore, It Is not expected that any q
devaluation will occur as proposed herein.
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F. Chemical Handling Facilities/Safety. 1
'i The facility will be designed In accordance with all Texas
gi Department of Health standards which will Include
containment areea, monitoring, alarm systems and professional
state certified operators The chlorine will be stored and
handled in a closed, protected and monitored containment
;
room. Chlorine scrubbers will be Included to remove any
chlorine from the containment room should a leek occur and
thus prevent any discharges of free chlorine to the
at'nosphere. The scrubber will be sized to neutralize the
entire contents of a one ton containers Similar containment
and scrubber facilities will be included for the ammonia. An {
audible/visible alarm system will be included to alert
neighbors If gases should escape from the containment.
1
Mrs Dockery noted that the Environmental Protection Agency
requires an evacuation plan for any facility which stores more
than 100 pounds of chlorine. This is correct, and such an
evacuation plan would apply to an area where the escaped
chlorine could travel in ten minutes. However, since this
facility will have monitoring, alarm, containment and
l scrubbing facilitles, such a plan is not required.
G. Site Access
Mr. Dockery expressed that the neighborhood believes that the
site would have much less Impact on the neighborhood, if site
access were from Sherman Drive vs Hartlee Field Road. The
city believes that site
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access from Sherman Drive to an excellent idea and
pledges to follow the neighborhood suggestion. This can
be accomplished by either orte of two alternatives
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1. Obtain one-half of the right-of-way for future city
street and construct temporary drive.
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2. Construct temporary drive on existing utility easement.
H. Attractive Landscaping.
The city Is committed to providing aesthetically pleasing
landscaping for the project. The city will invite three (3)
neighborhood representatives to work with the City's Park and
Planning Departments landscape specialists to assist with the
landscape design. The landscaping design will meet all of the
city's beautification requirements. The representatives will
help review landscaping items such as entry design, tree and
shrubbery selection and placement, ground cover, irrigation i
needs, fencing, paint$ brick, etc. The Utility Department will
Increase the line item amount In the preliminary engineering
report for landscaping to $60,000 from :25,000. This Item Is
for the purchase of materials only. Related costs such as
labor, fencing, earthworks, atc., are Included In the other
Items of work and contingencies.
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11 future Site Maintenance.
Mr. Dockery expressed that the neighborhood was
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concerned about the future maintenance of the facility. The
City Water Department has a long history (and prides Itself) on
maintaining its facilities in an excellent manner and pledges to
maintain this facility In the same high quality manner. 1
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The city invitee the neighborhood to tour the city's water
plant to see an example of how the city maintains its water
system facilities. Other examples of the city's commitment
S to quality maintenance can be seen at its city parks and city
hall. It is also noted that the annual "Keep Denton Clean"
campaign is also a city led effort which is another example of j
the city's present and historical commitment to keeping the
city, In general, and Its facllltles, specifically, well maintained.
J. Neighborhood Trust
In order to assure the neighborhood of the city's commitment
to a quality project design, the city Invites a representative
group to be a part of the Utility Department's design quality
control team to assist In reviewing the design plans for this
project. ,
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K. Miscellaneous Issues
1) Dust control durino constructions I
The construction contract will include provisions for dust
control.
2) Fire hydrant on Hartlee Field Roads
A fire hydrant will be Installed on Hartlee Field Road to
facilitate county fire fighting activities.
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3) Future tennis courts:
Since the Parka Department hopes to have a much more
comprehensive recreational center In the nearby area, a
which may include tennis courts, the present tanks will
not be designed for future tennis courts. However, this 1
option could remain open for one of the future tanks.
4) Construction access
The temporary road from Sherman Drive will be used for
access to the site construction.
5) Hartles Field Roads
Will be used for access during pipeline construction. The
City will rework the base and apply new asphalt on the
existing pavement section from Sherman Orive to the
entrance. The City will also make pavement repairs
during construction from the time the pipeline
construction begins until the repaving is complete.
t . Project Schedule
The following Is the present estimated project schedule.
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Review this letter with the City Council and obtain their approval
of the design concept and commitments ]leted.herein.
Current Revised
04/03/90 04/17/90
2. Platting:
a. Development Review Committee
04/05/90 04/26/90
b. Planning and Zoning Commission 04/18/90 05/09/90
C, City Council 05/01/90 05/15/90
d. County 05/07/90 06/04/90
3. Desigm
a. Amend cngineering contract (PUB/CC)) 04/18/90 05/16/90
b. Amend engineering contract (Council) 05/01/90 06/05/90
C, Quality control reviews/designs 05101190 06/05/90
to
10/01/90 11/01/90
d. Release plans for bidding 10/01/90 11/01/90
4. Construction Contract
as Receive bide 12/04/90 01/31/91
b. Award contract-PUB 12119190 02/20/91
Co Award contract-City Council
ss 01108191 02/26/91
d. Process contracts 01108191 02/26/91
to
02/13/91 03/27/91
50 Construction
a. Monthly Progress Meetings/ 02/13/91 03/27/91
Construction to
01/15/92 03/01/92
b. Final Inspection 01/31/92 03/15/92
C, Startup and Calibration 01/31/92 03/15/92
to
03/31/92 05/15/92
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This project is currently on hold, pending consideration by the City
Council on April 17th, 1990. The abbreviated schedule given above
indicates some of the opportunities the neighbors will have to f 1
review the project progress. Dates are subject to approvals listed
above.
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r CITY OF DENTON CITY COUNCIL MINUTES
MAY 1, 1990
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Stephenst Mayor Pro Tem Ayer: Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
ABSENT: None
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The Council convened into Executive session to discuss
legal matters (considered action in In Re: Flow), real estate,
and personnel/board appointments (considered appointments to
the Transportation Committee).
Council Member Hopkins left the Executive Session during the '
discussion In Re: Flow.
2. The council held a discussion regarding the CDBG
recommendation for expenditure of 1990 allocation.
Curtis Ramsey, Chair-Community Development Block Grant
Committee, stated that there were ten proposals that came
before the Community Development Block Grant Committee this i
year. Eligible activities listed in priority order were
housing rehabilitation, demolition and clearance, public
facilities and improvements, public services and economic
development activities. Ramsey reviewed the funding
recommendations (Exhibit A). Of the recommendations,
f demolition and clean up was not allocated any funds as there
were excess funds still in that account.
Mayor Stephens lef the meeting.
I;amsey continued that housing rehabilitation was the largest
allocation and typically provided service to about 55
households on the average depending on the size of the
rehabilitation. A new item this year dealt with the urban
homesteading program. It was felt that there was an urgent
community need in the low/moderate income area, near the Martin
Luther King, Jr. Recreation Center, for some kind of
afterechool program. A proposal was presented to work with
"latch key' children. The difference between this program and
some other after school program was that it was focused on the
low/moderate income people.
Council Member Gorton asked if the Parks Board had been part of
the process developing this proposal.
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Ramsey replied yes.
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City of Denton City Council Minutes
May 1, 1990
Page 2
Council Member Gorton asked if resident children from the area
around the Martin Luther King, Jr. Recreation Center attended
another school which had an afterschool site, how would those ti
children get from school to the MLK Center. He saw a number of i
potential questions/concerns that could arise. He felt that
t perhaps the money needed to be spread out among all the
afterschool sites for all the low/moderate children.
Ramsey stated that it was not seen as being competitive with
any other action site program. It was to fill a void where no
services currently were available.
Mayor Stephens returned to the meeting.
Council Member McAdams stated that most of the children in the
area were going somewhere else to school. They were at a
school where there probably was an afterschool site program.
E The problem was that they could not go to the afterschool site
where they went to school because there were no more
scholarships available, if a pool of money were used for one
particular site, then children might be forced co use one site
rather than stay where they went to school.
Council Member Hopkins felt that the transportation of the 1
children to the new site would be a problem.
Ramsey replied that the children who might use that site were
already returned to the area by school transportation and were
now unsupervised until the working parent returned home.
Council Member McAdams asked who developed the program.
Barbara Ross, Community Development Coordinator, replied that
the Community Development Block Grant Committee with the Parks
and Recreation Board developed the proposal. She stated that
in order to have an afterschool site at MLK there would have to
be a maximum of 34 children participating, each paying their I
full registration and monthly fee. Therefore, funds were
requested from CDBG for the entire budget.
Council Member Alexander asked if CDBG money could be allocated
for scholarships at other action site programs across the City. '
Ross replied yes if it were given directly to low/moderate
income families.
Consensus of the Council was to work with the Committee to look
into questions for schol a s4ips to include students at their
home schools.
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3. The Council was to receive a briefing regarding the
Food Lion process.
This item was not considered during the Work Session but was
considered during the Regular Session.
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4. The*Council received a briefing regarding recycling
activities.
Bill Angelo, Director of Community Services, stated that in
April 1988 the City began its recycling drop box program. At
the Civic Center there were drop boxes for newspaper and
glass. Three of the fire stations had drop boxes for newspaper
as did North Lakes Recreation Center, four of the Piggly wiggly {
stores, KMart, Pic N Sav and other locations. The City would
be receiving a grant for approximately $20,000 to help expand
the drop box program. That money would help replace the
containers at the Civic Center with something easier for the
public to use. A curb side recycling program was being
studied. A pilot program for curb side recycling would cost
approximately $15,000. The program would
pick
glass (three types), plastics (three types), and metals
(aluminum and tin). Residents interested in participating
would be provided four plastic stackable containers for the
items. f
Council Member Gorton asked that the area of risk management
and workers compensation be looked into as far as curb side
separation was concerned.
Council Member McAdams asked that apartment complexes also be
considered in the programs.
The 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
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Mayor Stephens presented
'Denton Hispanic Week', 'PoolclSafetynsAwareness Yo
Weeklo and
'Drinking Water Week'.
1. The Council considered a
f Regular Sessions of March 12, 19900 approval
0,t 19901andeApril t31
1990 and the Joint Session of April 12, 1990.
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City of Denton. City Council Minutes
May 1, 1990
Page 4
Council Member Hopkins stated that she would like the minutes `
to show that she did nc,6 participate in discussion regarding
Flow Hospital during the Executive Sessions.
Debra Drayovitch, City Attorney, stated that the minutes of the
Certified Agenda for Executive Session would indicate that she
did not participate but that the minutes of the regular meeting
could also reflect that if she so desired.
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Hopkins replied that she would like the regular minutes to also
reflect that sh,: did not participated in those discussions.
She also questioned the statement made by Jesus Nava at the
meeting of April 3, 1990 in which the minutes stated Curtis
Loveless was "not affected by the closure".
Jennifer Walters, City Secretary, indicated that that was a
paraphrase from Mr. Nava's statement.
Hopkins replied that she wanted it in quotes if that was the
} case.
I Hopkins motioned, McAdams seconded to approve the minutes with
I! corrections as noted. Motion carried unanimously.
2. The Council received a presentation by Paul Richards
of signatures from individuals urging the City Council to
consider curb-side pick-up of recyclable maLerials.
Mr. Richards presented a petition with 450 signatures gathered
during Earth Day activities urging curb side recycling.
Brenda Fosmire worked with the First FTnited Methodist Church
recycling project. She stated that people from other areas, j
i not just Denton, were using the recycling center. She
i presented a proclamation with approximat.y 400 signatures
t supporting the expansion of the municipal recycling efforts.
3. Public Hearings
A. The Council held a public hearing regarding
revisions to the boundaries of Denton Enterprise Zone Ii.
Mayor Stephens stated that staff would present an updatc on the
enterprise zones and then the public hearing would begin.
Betty McKean, Executive Director for Economic Development and
Municipal Services, stated that due to further review and
consideration of additional information provided by the Texas
i Department of Commerce concerning census tract employment
levelq within Zone II, City staff had revised the boundaries of
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City of Denton City Council Minutes
t may 1, 1990
Page 5
the zone to include additional areas. The purpose of the
revision was to maximize enterprise zone benefits by expanding
the population base of the zone in order to provide businesses
within the zone with a broader range to draw future employees.
In order to meet public notice requirements to expand Zone II,
the City Council was required to hold anoCher public hearing
for citizen input regarding Zone II,
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The Mayor opened the public hearing.
1 Craig Martin, RMB Realty, congratulated the City on its
initiative in establishing the enterprise zones and for
activities in economic development.
Chuck Carpenter, Chamber of Commerce, commended the staff for
its efforts with the zones.
No one spoke in opposition.
The Mayor closed the public hearing.
4, Consent Agenda
Hopkins motioned, McAdams seconded to approve the Consent
Agenda as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #1093 - Padmounted Switchgear Assemblies
2. Bid #1100 - Pavement Markers
B, Tax Refunds
i 1. Considered approval of a tax refund for
Colonial s s L for $679.04.
2. Considered approval of a tax refund for
Denton Federal S 6 L for $503.83.
3. Considered approval of a tax refund for
Victor Equipment for $4,725.70.
C. Plats
1. Considered approval of the preliminary plat
of Pecan Creek Water a
Planning and
Addition;Lot11 Block lto (The a Plant
zoning Commission recommended approval).
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May 1, 1990
Page 6
5. Resolutions
A. The Council considered a resolution appointing
Robin A. Ramsay and Don R. Windle as Assistant City Judges.
C The following resolution was considered:
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A RESOLUTION APPOINTING ROBIN A. RAMSAY AND DON R.
WINDLE AS ASSISTANT CITY JUDGES.
McAdams motioned, Gorton seconded to approve the resolution.
On roll vote, McAdams 'aye," Alexander "aye,' Hopkins 'aye,"
Gorton 'aye," Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
'aye." Motion carried unanimously.
B. The Council considered approval of a resolution j
adopting the proposed Denton Policy Statement on Tax Abatement. l
The following resolution was considered: 1
NO. R90-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, ADOPTING A POLICY FOR TAR ABATEMENT FOR
TY.E CITYp AND DECLARING AN EFFECTIVE DATE. ~I
McAdams motioned, Gorton seconded to approve the resolution. 1
On roll vote, McAdams "aye," Alexander 'aye," Hopkins "aye,'
Gorton "aye,' Ayer "aye," Boyd "aye,' and Kayor Stephens
'aye." Motion carried unanimously.
C. The Council considered cpproval of a resolution
approving the funding of plan water and sewer lines to serve
i property to be developed by Food Lion, Inc. in accordance with J
the approved guidelines for funding and selecting development
plan water and sewer lines; and providing for the waiver of pro
rata charges. (The Puhlic Utilities Board and the Planning and
Zoning Commission recommended approval).
Betty McKean, Executive Director for municipal services and
Economic Development, stated that the site was just north of
Airport Road. She presented background information on the
a company proposing to locate on the property, Food Lion, Inc. A
major distribution center was proposed on the property. Phase
I of the project would have 125 employees and was scheduled for
completion in the summer of 1991. Phase II would have 300
employees. Constructior would begin within 60-90 days after a
determination had been made about a site and almost all hires
would be local. Denton was in competition with Lewleville and
one other unnamed site. The ce,1- r would be a very large
electrical user.
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City of Denton City Council Minutes
May 1, 1990
Page 7
Council Member Boyd asked if it had been traditional that r
k, cities had provided infrastructure in industrial districts.
McKean replied that that was a policy issue between the Council
and the Public Utilities Board. The City of Lewisville did not
participate in the water and sewer infrastructure at the site
y under consideration there.
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Council Member Boyd asked who paid for the development of
i utilities on the property in Lewisville.
City Manager Harrell replied that private industry provided the ~
funds. The industrial parks in Denton were done with private
dollars which had put in streets and water and sewer, lines in
order to market the property.
Council Member Hopkins stated that Airport Road was a terrible
road to travel. How would that impact the possible development.
City Manager Harrell replied that Food Lion's major traffic {
flow would not be during the rush period. The trucks would go
out at 2:00 a.m. and would be back mid-day. Thus they would
have excellent access. Long range plans were to extend Western
out to 380. i
Frank Robbins, Executive Director for Planning, presented a
tentative schedule for a 'fast track' process of the Food Lion
development.
Bob Nelson, Executive Director for utilities, stated that the
Food Lion proposal met all the criteria for plan line
candidates. A 16' water line would be extended with a cost of
j $166,000 and a 10" sewer line for $69,800.
4 The following resolution was considered:
J NO. R90-019
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A RESOLUTION APPROVING THE FUNDING OF PLAN WATER AND
SEWER LINES TO SERVE PROPEPTY TO BE DEVELOPED BY FOOD
LION, INC., IN ACCORDANCE WITH THE APPROVED GUIDELINES tl
FOR FUNDING AND SELECTING DEVELOPMENT PLAN WATER AND
SEWER LINES] PROVIDING FOR THE WAIVER OF PRO RATA
CHARGES1 AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to approve the resolution.
on roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
'aye." Motion carried unanimously.
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City of Denton city council minutes
May 1, 1990
Page 8
6. Ordinances
s'.
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
F contracts for the purchase of materials, equipment, supplies or
services. (5.A.1. - Bid #1093; 5.A.2. - Bid #1100)
kw~ w The following ordinance wis considered:
NO. 90-065
AA 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,"
Gorton "aye,' Ayer "aye,' Boyd 'aye,' and Mayor Stephens
"aye.' Motion carried unanimously.
B. The Council considered adoption of an ordinance
establishing an enterprise zone (Enterprise Zone I) within the
limits of the City of Denton and the extraterritorial
jurisdiction of the City.
The following ordinance was considered:
ORDINANCE NO. 90-066
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
(ENTERPRISEEZONE 1)TWITHINITHE LIMITS NOFR THE CITY OOF
DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE
CITY1 AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander `aye,' Hopkins 'a e,`
Gorton 'aye,' Ayer 'aye,' Boyd 'aye," and Mayor Stephens
"aye.' Motion carried unanimously.
C. The Council considered adoption of an ordinance
limitsisofng theenCityriof z D nton teandistheon a traterritorial
jurisdiction of the City.
The following ordinance was considered:
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5
May 1, 1990
Page 9 J
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' NO. 90-067
!r
s. AN ORDINANCE OF THE CITY CCJNCIL OF THE CITY OF
y. DENTON, TEXAS ESTABLISHING AN ENTERPRISE ZONE
(ENTERPRISE ZONE II) WITHIN THE LIMITS OF THE CITY OF
j, DENION AND THE EXTRATERRITORIAL JURISDICTION OF THE
CITY) AND PROVIDING AN EFFECTIVE DATE.
Gorton motioned, Boyd seconded to adopt the ordinance. On toll
vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton
M ayeAyer 'aye,' Boyd "aye,' and Mayor Stephens "aye.'
otion carried unanimously.
7. The Council considered appointments to the Tax
Abatement Committee.
Alexander motioned, McAdams seconded to appoint Council Member
Gorton► Mayor Pro Tem Ayer and City Manager Harrell to the
Committee. On roll vote, McAdams 'aye,' Alexander 'aye,'
Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor {
Stephens "aye." Motion carried unanimously,
8. The Council considered an appointment of a North
Central Texas Council of Governments voting delegate.
McAdams motioned, Hopkins seconded to appoint Council Member
Alexander. On roll vote, McAdams 'aye," Alexander "aye,"
Hopkins "aye,' Gorton 'aye,' Ayer "aye,' Boyd "aye,' and mayor
Stephens 'aye.' Motion carried unanimously.
9. The Council considered a nomination to the North
Central Texas Council of Governments Executive Board.
McAdams motioned, Ayer seconded to nominate Council Member
Alexander. On roll vote, McAdams "aye,' Alexander `aye,'
Hopkins 'aye,' Gorton "aye,' Ayer 'aye,' Boyd 'aye,' and Mayor
Stephens 'aye.' Motion carried unanimously. I~
10. Miscellaneous matters from the City Manager. I
Lloyd Harrell, City Manager, presented the following items:
A. A special recognition of Ivor Weiner for his work
on the enterprise zone projects.
B. Absentee voting had ended with 997 people voting
absentee.
C. A special call Council meeting would be held at
j 6:00 p.m. on :.ay 8 for canvassing the election results.
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May 1, 1990
Page 10
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11. There was no official action taken during the Work
x Session Executive session. r'
12. New Business
The following items of new business were suggested by Council
Members for future agendas:
A. Council Member Alexander requested a report on
street patching activities due to the heavy rains.
B, Council Member McAdams presented a report from
the Texas Association of Black City Council Members.
C. Council Member McAdams requested that the zoning
regulations be look into regarding a category for a business
downstairs and a residence upstairs.
D. Council Member Gorton requested a report for
bed/breakfast zoning.
E, Council Member Hopkins requested information
j concerning zoning for a residence and business for a funeral
home.
13. The Council did not meet in Executive Session during {
the Regular Session.
{ With no,further business, the meeting was adjourned at 8:44 p.m.
I a
x RAY STEPH NS, MAYOR
CITY OF DENTON, TEXAS
{
JENNIFER WAIJERS
CITY SECPETARY I
CITY OF DENTON, TEXAS
3262C
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EXHIBIT A
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CDBG
FUNDING RECOMMENDATIONS
TOTAL TO BE ALLOCATED $4549161
PP0299-T AMT. QF REQUEST RFrrreaFND f~
ALLOCATION
Demolition 3 Clean Up $16,000 -0-
Evers Park Playground
Project ;121000 -0-
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Oakwooo Cemetery $35,000 -0- _
Housing Rehabilitation
Program $300,000 $~p0.O0Q
Urban Homesteading $126,000 ,11 00,0Q
MLK Afterachool
Program $14,634 14.634
Denton Police Athletic
League $15,000
Fred Moore Child Care
center $60,000 -0-
Prenatal Clinic for
Denton County $24,950 6 24.560
Literacy/ESL Cable.
f Instructional Tapes $24,300 -0-
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Page 2
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~.K Afterachool Proaram
$14,634
i Allocated amount will fund all
following: program costs including the
registration fees
monthly fees
supplies
instructor salaries
participant insurance
support staff (pro-rated between 10 sites)
Subsidies will be provided to low-moderate income families based
on a sliding scale.
PoliG• Athletic pie: rea~~ ~
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$14,567
Funding has been recommended to pay participation fees and i f
equipment/clothing costs for low income children.
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• I $24,950
Allocated funds will be utilized to pay a
salary for a second nurse-midwife. An additional 00 Portion of the
will be served each month. - 200 women
$100,000
Under the Urban Homesteading Program VA and FHA foreclosures
will be acquired. Application will be made to the Department of
Housing and Urban Development requesting
funds. The COW allocation plus the 810funds9wall be utilized8to `
acquire five (a) to sight (8) properties. These
be conveyed to qualified homesteaders. Homesteaderrst willwibe
required to pay all necessary rehabilitation costs and maintain the
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Page 3
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property. They will be monitored for a period of five (S) years }
? to ensure compliance with maintenance responsibilities. At the and
of tnis period the lien will be released on the property.
The Denton County Housing Finance Corporation will be
requested to participate in the program as the Local Urban
Homesteading Agency (LUHA).
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May 8, 1990
Page 2
6• New Business
No items of new business were suggested by Council Members for
future agendas.
7• The Council did not meet in Executive Session.
With no further business, the meeting was adjourned at 6:30 p,m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
r+ JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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City of Denton City Council Minutes
May 15, 1990
Page 2
Council Member Gorton wondered if contracts for these agencies
were going to have to be very specific in order to meet certain
spending requirements.
Council Member McAdams felt that the Council needed to have a
i policy discussion about what kind of services the City intended
to fund. What should the city be doing for services. She did
4 not like having to reduce an agency in order to fund a new
{ agency.
{
Council Member Boyd stated that figures could be adjusted if
there were a no growth budget.
Council Meither Gorton asked for the 1989 requests to be added
to the recommendation sheet for a comparison.
Council Member McAdams and Mayor Pro Tem Ayer left the meeting.
Damico stated that AIDenton and the Pre-natal Clinic were
health related items and in the past, were not funded for that
rear=. The Pre-Natal Clinic came into being as a direct
f result of Plow Hospital closing and was experiencing a large
1! demand for services. The Committee was asking the currently
funded agencies to take small cuts or not take any increases to
help fund new agencies with health related issues.
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Council Member Hopkins asked about the CDBG proposed funding it
for the pre-natal clinic. How was that different from the 1
Human Services recommendation for funding.
i
Damico stated that the money would be to help pay the salary
for an additional nurse.
Council Member McAdams and Mayor Pro Tem Ayer returned to the
meeting.
3. The Council held a discussion regarding the revision
of the Zoning Ordinance.
Frank Robbins, Executive Director of Planning, stated that some
of the reasons for rewriting the zoning ordinance included: (1)
the Denton Development Plan indicated that the ordinance should
be rewritten so that the plan and implementation measures would
Y be useful, (2) the current zoning ordinance had been adopted in
1969 and was outdated, (3) undesirable development which was
currently authorized by current standards, (4) over use of time
consuming, cumbersome problematic Planned Development, (5)
problematic districts not being used, and (6) user unfriendly.
Some suggestions for rewriting the ordinance included a
reorganization of standards for easier use, adding new
districts for commercial/retail and office uses which would
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City of Denton City Council Minutes
May 15, 1990
Page 3
include a site plan permit by Planning and zoning, adding a
mixed use directions with performance standards, allowing mixed
use buildings outside Central Business district, overlaying
districts, adding standards for Bed and Breakfasts, and using
the Planned Developments as the exception rather than as the
rule.
~ Y.
A discussion was then held regarding the appointment of a
citizen committee to work on the rewriting of the ordinance.
Staff had recommended that the Planning and Zoning Commission
appoint the members. Consensus of the Council was that the
committee members should be appointed by the City Council and
should be a broad-based cross section of the community.
Consensus of the Council was to proceed wit) the rewriting of
the zoning ordinance with a citizen committee appointed by
Council with input from the Planning and Zoning Commission.
4. The Council received and discussed a report regarding
purchase of a portion of the raw water obtained from the
Sulphur River Basin from the Upper Trinity Regional District by
contract with the City of Commerce.
Bob Nelson, Executive Director for Utilities, presented
background information concerning the item. The proposed
resolution dealt with a raw water supply from Cooper Reservoir
via a contract with the City of Commerce which also involved a
Proposed contract between the Upper Trinity Regional Water
r District and the City of Commerce. The City of Commerce was
prepared to enter into the agreement with the Upper Trinity
Regional Water District but prior to doing so, the UTRWD needed
f assurances that there were member cities of water purveyors
that were willing or would guarantee the fixed costs of this
project until such time that the UTRWD had operating funds.
Although the water was being made available to the UTRWD, the
UTRWD did not have funds at the present to fund the estimated
K $250,000 coat for 1991. Since Denton, Lewisville, Highland
Village and the Denton County Fresh Water District No. 1 had
y been the only entities indicating a willingness or ability to
' consider funding the project, it had been proposed that these
entities be guaranteed 6 MGD of the 11.72 MGD available. Under
such an arrangement, Denton would be guaranteed two MGD in
exchange for funding 331 of the initial costs, Lewisville - two
MGD for 33a, Highland Village - one MGD for 16.56 and FWD 11 -
one MGD for 16.56. Later, when the UTRWD had water contracts I,
d with other Denton County cities, Denton would be reimbursed for
fifty percent of the 331, but would still retain the rights to
two MGD. The proposals were still in preliminary stages and
there was a possibility that other area cities might be able to
fund a proportionate share.
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The estimated UTRWD budget for the Cooper Reservoir Water
Project would be $250,000 having the following components;
Payment to City of Commerce for their legal fees etc,
for the past several years - $50,000
Legal and regulatory fees to et water
from Commerce to UTRWD 9 transferred
- $50,000
Payment to Corps of Engineers for debt service on
reservoir - $630241
a
1 Engineering study to determine most feasible method of
transporting water from Sulphur River Basin to Trinity
River Basin - $86,759
Denton's share would be 33t of the estimated 1991
budget - $83,500 ! i
a Nelson continued that there were uncertainties about the
political and regulatory feasibility of securing this water for
Denton and the Denton County area,
uncertainties and difficult However, similar
political be encountered with any future water supplyath t Denton
and Denton County attempted to secure since any future water f
would have to come from either reuse of wastewater or as water
transferred from some other river basin into the Upper Trinity E
River Basin. Because of the timeliness of this potential water
supply and apparent regional and statewide support with the
Cooper Reservoir water, staff would recommend the resolution
with the City of Commerce.
Council Member Gorton questioned
had accumulated over the last several9 the legal fees Commerce I
was a risk Commerce had taken. If those fees were iremoved,tthe
City of Denton would still be gambling with $200,000 on a 50-50
bet.
Nelson replied that he was the one giving it a 50-50 chance.
other individuals were saying it was a 951 chance. The
proposal had already been presented to the 1
and Chairman of the Texas Water Commission cand etheyeChad I
responded favorably. I
Council Member Gorton asked if the Upper Trinity Water District
did not go after the water, that Lewisville would do so. Was
that the status of the market for water rights.
Nelson replied yea that there were no water rights left in the 1
Trinity River Basin. Nothing except for reused water from Lake
Lavone to the Elm Fork to the West Fork Reservoirs. The only
water left was Red River Water which could be cheap but might
need salt remove; or the sulpher River Basin,
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Page 5
Council Member Hopkins stated that she had problems with first,
the $50,000 fee. Second, the fee for legal services was not
realistic. She felt it was a large risk to take for something ,
j' that would not give the City enough water to really help it.
She questioned if it were worth a five-ten year fight in
Austin. She also had numerous problems with the contract such
as on page 2 which stated "it was anticipated that the Bederil
Government would honor the interest rates upon completion of
the project and on page 4 which stated that Commerce could
"terminate or curtail partially or wholly the sale of such
water".
u Nelson replied that the curtailment would be only if Commerce
experienced a problem with its physical facilities.
Mayor Castleberry stated that this was an introduction to the
item and would be brought back at a later date.
Council Member Gorton asked if the item could be brought back
later at the end of the meeting as he had additional concerns
and suggested the possibility of a subcommittee to look into
the issue.
The Council convened into the Regular Session at 7:GO p.m. in
the Council Chambers.
PRESENT: Mayor Castleberry! Mayor Pro Tem Ayerl Council
Members Boyd, Gorton, Hopkins and McAdams.
ABSENT: Council Member Alexander
Mayor Castleberry presented a proclamation for Historic
Preservation Week.
1. The Council received a citizen's report from Amy
Plumadore regarding parking restrictions on the bridges east of
Denton on Highway 380.
Ms. Plumadore stated that she had been involved in a traffic
accident on the bridges last summer. Due to the recent rains,
the lake bottom was filled and people were parking along the
bridge to fish. She felt that was a dangerous condition. She
had called the Police Department, Sheriff's Department, the
Highway Department and Highway Patrol and had been told to talk
to the Highway Depar .meet for signs to be put up in the area.
A representative from the Highway Department told her that he
would order signs if the City of Denton agreed. She suggested
lowering the speed limit to 45 on thr, bridge and signs posted
"no fishing from bridge` or "emergency stopping only
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City of Denton City Council Minutes
May 15, 1990
Page 6
Lloyd Harrell, City Manager, stated that Rick Svehla, Deputy
City Manager, had contacted Ms. Plumadore and indicated to her
that the item would be scheduled on the next agenda of th(a
Citizens Traffic Support Commission. A formal recommendation
would be made from the Commission to the Council in the near
future. ;
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} 2. The Council received a citizen's report from Carl
Young regarding changing Fred Moore Park designation from a
neighborhood park to a community park.
Mr. Young requested the Council consider changing the
designation of Fred Moore Park from a neighborhood park to a
community park. He was going to request the Historical i
Commission consider the park as an historical site. He
requested a repeal of the ordinance on liquor and time as it
was not right. He went on to state that the neighbors in the
area were not in favor of the new police program and wanted it
stopped.
Council Member Boyd asked how the designation was made and was
that not a category not a name for parks. E
City Manager Harrell stated that that was correct and that Mr.
Young was scheduled to speak at the next Park Board meeting on
the issue.
3. The Council received and opened bids regarding the
awarding of Texas Public property Contractual Obligations,
Series 1990.
Frank Medanich, First Southwest, stated that 13 proposals h&d
been received. He would read the net effective interest rate
for each bid.
Shearson American Express Company - 6,41143 1
Griffin Kubik Stevens 6 Thompson - 6.551123
Prudential Bache Securities - 6.7085 j
Bank One - Texas - 6.58323 I
Donaldson Lufkin Jeanrette - 6.6417 {
NCNB - Texas - 6.63643
Smith Barney 6 Co. - 6.7002
First City Tex$$ Bank - 6.4345
Clayton Brown 6 Associates - 6.3679
First Southwest Co. - 6.6086
Merrill Lynch Capital Markets - 6.6793
Blunt Ellis 6 Loewi - 6.44000
Payne Weber - 6.6907
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Medanich stated that he and his associates would retire and
check the bids for accuracy.
4. Public Hearings
A. The Council held a public hearing to consider a
petition by A, Lissberger and considered adoption of an
ordinance amending the detail plan authorizing planned
led development #134, (The Planning and zoning Commission
recommended approval.)
The Mayor opened the public hearing.
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Al Liseberger, petitioner, skated that the amendment would
modify the on-site sewage disposal system in accordance with
the existing disposal permit.
No one spoke in opposition.
The Mayor closed the public hearing.
Frank Robbins, Executive Director of Planning, stated that the
Planning and Zoning Commission agreed with the amendments. The
f amendments would modify the on-site sewage disposal system area
and modify a condition concerning connection to City
utilities. The requirement that the applicant would connect to
f Denton's sewer system when development exceeded 8,000 square
j feel would be eliminated, In addition, the on-site sewage
disposal system would be modified, in order to concur with the
disposal permit. The adopted plans show an area of 940 square
feet for a drain field improvement area, The amendment would
increase the size of that area to 1,204 square feet.
r The following ordinance was considered;
NO, 90-069
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE DETAILED PLAN FOR THE PLANNED DEVELOPMENT DISTRICT
ESTABLISHED BY ORDINANCE NO. 90-007 AND AMENDING A
CONDITION THEREOF RELATING TO WASTEWATER SERVICE FOR
THE PROPERTY1 PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2000,00 FOR VIOLATIONS THEREOFI AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Hopkins "aye," Gorton 'aye," Ayer
"aye,' Boyd 'aye,' and Mayor Castleberry "aye,' Motion carried
unanimously.
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City of Denton City Council Minutes
may 15, 1990
Page 8
5• Consent
Agenda
McAdams motioned, Hopkins seconded to 1
Agenda as approve the Consent
presented. Motion carried unanimously,
A. Bids and Purchase Orders:
E.
1. Bid #1068 - Lake Lewisville and Ray Roberts
Hydroelectric Projects
2. Bid #1094 - Fiberglass Roadway Lighting
3. Bid #1101 - Friends of the Family
Rehabilitation j
4. Bid #1102 - Chemical and Herbicides
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5, Bid #1107 - Bonnie Brae 12" Water Line
6. Bid #1108 - Diesel Repair Parts
M 7. bid #1109 - Heater Repair
8. P.O. #95617 - Hatch 6 Kirk R
f 6. Ordinances
A. The 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. (4,A.2. - Bid #1094, 4.A.4. - Bid 41102, 4,A.6, -
Bid #11080 4.A.7, - Bid #1109)
` The following ordinance was considered:
r NO. 90-070
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A J
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES1 PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
10 toll "vote, McAdams 'aye," Hopkins 'aye," Gorton "aye," Ayer
aye, Boyd aye, and Mayor Castleberry 'aye.' Motion carried
unanimously.
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements, (4,A.10 - Bid
01068, 4.A.3 - Bid #1101, 4,A,S, - Bid #1107)
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may 15, 1990 J
Page 9 111
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The following ordinance was considered: 1
NO. 90-071
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
s, FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTSI PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORI AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye," Hopkins 'aye," Gorton 'aye,' Ayer
"aye," Boyd 'aye,' and Mayor Castleberry "aye.' Motion carried
unanimously.
C. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract
between the City of Denton and Hatch & Kirkj and providing for
an increase in the contract price. (4.A.10 - P.O. 195617)
The following ordinance was considered:
NOS 90-072
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE '
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
HATCH & KIRK, INC.1 PROVIDING FOR AN INCREASE IN THE
CONTRACT PRICEI AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On ,
roll vote, McAdams 'aye,' Hopkins 'aye," Gorton 'aye,' Ayer
"aye,' Boyd "aye," and Mayor Castleberry 'eye.' Motion carried
unanimously.
D. The Council considered adoption of an ordinance
approving the issuance of contractual obligations for the City J
of Denton.
Council Member Hopkins left the meeting with a potential
conflict of interest.
Frank Medanich stated that all of the bids had been checked and
found the bids as submitted to bi correct, On that basis, the
bid submitted by Clayton Brown and Associates, at the effective
interest rate of 6.3679, was the beat bid submitted and
recommended acceptance of that bid.
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Page 10 J
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The following ordinance was considered: r
NO. 90-073
( AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC
PROPERTY FINANCE CONTRACTUAL OBLIGATIONS
McAdams motioned, Ayer seconded to adopt the ordinance On
roll vote, McAdams "aye," Gorton "aye," Ayer "aye,' Boyd "aye,'
and Mayor Castleberry "aye." Motion carried unanimously.
Council Member Hopkins returned to the meeting.
D. The Council considered adoption of an ordinance
authorizing the City Manager to enter into an agreement with
the State Department of Highways and Public Transportation
concerning the landscaping of a portion of University Drive.
(The Beautification Commission recommended approval.)
Jeanne Morrison, Chair-Beautification Commission, stated that
the Commission had discussed two major entranceways that they
felt were in need of help. Their first choice was University
Drive which was probably the most traveled street in Denton.
She felt this was an opportunity to make something develop in
that area that all could be proud of.
Frank Robbins, Rxecutive Director for Planning, stated that the
first time the item had been acted on by Council, the budget
for the project was $120,700 in cash. Staff determined ways to
leverage cash with in-kind services. Therefore, the City's +
estimate was $92,500. The Highway Department's estimate for
cash needed was $55,460. If tloere were over-runs for the
project, the State would pick up 99.28% of the cost.
Lloyd Harrell, City Manager, stated that the design of the
project would be within the area which would eventually be J
taken to expand University Drive from four to six lanes. As
the City was currently in its heavy construction season, the
work would be delayed until the late fall when crews could be
1 used.
I Sheila Becker, President-North Lakes Neighborhood Association,
spoke in favor of the project and urged the Council to approve
I tt~a ordinance.
Jerry Cott, Chairman-Government Relations Committee of the
Denton Chamber of Commerce, cautioned that the project not
become the financial burden of the property owners in the area
` and that they not be asked to pay for the project including
maintenance.
i
r City of Denton City Council Minutes
May 15, 1990
Page 11
City Manager Harrell replied that the funding for the median
maintenance crew had been approved in last year's budget. This
would include maintenance and water for the project.
The following ordinance was considered:
r
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NO. 91,-074
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND
THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION, FOR PARTICIPATION IN A LANDSCAPE COST
SHARING PROGRAM PROJECT ALONG US 380, FROM I-35 TO
MALONE STREET; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE,
Ayer motioned, Gorton seconded to adopt the ordinance. On roll
vote, McAdams "aye,' Hopkins "aye,' Gorton 'aye,' Ayer 'aye,'
Boyd 'aye,' and Mayor Castleberry "aye.' Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the City Manager to execute a joint cost sharing
agreement with the Texas State Department of Highways and
Public Transportation for landscaping along U.S. Highway 77 at
its intersection with Interstate Highway 35E in Denton. (The
Beautification Commission recommended approval.)
City Manager Harrell stated that this was a similar project as
University Drive but on a smaller scale.
i
f Jerry Cott, Chairman-Government Relations Committee of the
Denton again the
and same
water concerns
the
project should not fall on the property owners in the area.
The following ordinance was considered:
NO. 90-075
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
JOINT COST SHARING AGREEMENT WITH THE TEXAS STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR
LANDSCAPING ALONG U.S. HIGHWAY 77 AT ITS INTERSECTION
WITH INTERSTATE HIGHWAY 35E IN DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN `
EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance, on
'aye,' vote, McAdams 'aye," Hopkins "aye," Gorton "aye," Ayer
aye, Boyd aye, and Mayor Castleberry 'aye," Motion carried
{ unanimously.
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City of Denton City Council Minutes
f•" May 150 1990
Page 12
G. The Council considered adoption of
r authorizing acceptance of dedication of Lot 14, Audra ordinance
Addition for street right-of-way for East Oaks addition, r
r
Frank Robbins, Executive Director for Planning, stated that
g Council had approved the preliminary plat for the project which
included the road extension. There were two options to accept
the right-of-way. One by replat and one by instrument. The
owner chose the instrument which was the ordinance before them.
The following ordinance was considered:
NO. 90-076
AN ORDINANCE ACCEPTING THE DEDICATION OF LOT 14, AUDRA
ESTATES ADDITION, AS SHOWN IN THE DEDICATION DEED
EXECUTED BY SCHNIEDER & JUSTICE, INC. ATTACHED HERETO,
FOR 3TREET AND UTILITY PURPOSES; AND DECLARING AN
EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance. On JJ'
roll vote, McAdams 'aye,' Hopkins 'aye,' Gorton "aye,' Ayer 1
'aye,' Boyd "aye," and Mayor Castleberry 'aye.' Motion carried
unanimously.
7. Resolutions ;
A. The Council considered approval of a resolution JI
designating a Records Management Officer for the City of Denton.
The following resolution was considered:
NO. R90-020
A RESOLUTION DESIGNATING THE CITY SECRETARY AS THE
RECORDS MANAGEMENT OFFICER FOR THE CITY OF D£NTON,
TEXAS
McAdams motioned, Ayer seconded to approve the resolution. On
roll voter McAdams "aye,* Hopkins 'aye,' Gorton 'aye,' Ayer
aye, Boyd aye, and Mayor Castleberry 'aye.' Motion carried
unanimously.
authorizing thehMayorntolexecute eandagreement between etheuCity
of Denton and Denton County for ambulance service.
The following resolution was considered:
t'
r.• City of Denton city council minutes
r May 15, 1990
Page 13
I~
h NO. R90-021
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY
FOR AMBULANCE SERVICEI AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams motioned, Gorton seconded to approve the resolution.
On roll vote, McAdams 'aye,' Hopkins "aye," Gorton 'aye,' Ayer
"aye,' Boyd "aye,' and mayor Castleberry 'aye.' Motion carried
i unanimously.
k C, The Council considered approval of a resolution
authorizing the closure of Congress Street for Cougar Day May
19, 1990.
Jesus Nava, Assistant to the City Manager, stated that
representatives from Calhoun Junior High School had asked that
the date for Cougar Day be reset due to rain on the last date.
I
E The following resolution was considered:
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET
BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY
~I 181 19901 AND PROVIDING AN EFFECTIVE DATE. l
i l
McAdams motioned, Boyd seconded to approve the resolution. On
roll vote, McAdams 'aye,' Hopkins 'aye," Gorton 'nay,' Ayer
'aye," Boyd 'aye,' and Mayor Castleberry "aye." Motion carried
with a 5-1 vote.
8. The Council held a discussion and considered an
appointment to the Joint City of Denton/Denton Chamber of
Commerce Economic Development Board.
Lloyd Harrell, City Manager, stated that the ordinance passed
by the Council establishing City representation to the joint
City of Denton/Denton Chamber of Commerce Board called for the
appointment of five representatives from the City to include
one representative from the Public Utilities Board, two City
staff members and two members from the City Council. One of
the two members from the council was Ray Stephens. Therefore,
formal action was needed to take place Mr. Stephens.
McAdams motioned, Hopkins seconded to name Mayor Castleberry to
the Board. On roll vote, McAdams "aye,' Hopkins "aye,' Gorton
'aye,' Ayer "aye," Boyd "aye,' and mayor Castleberry 'aye.'
Motion carried unanimously.
FF
City of Denton City Council Minutes
May 15, 1990
Page 14
r
9. Miscellaneous matters from the City Manager.
The following items were presented by Lloyd Harrell, City w
Manager,
A. The budget recap had been included in the agenda
packet.
B. The City's wastewater plant had received an award
from the State of Texas for the outstanding wastewater
treatment plant in the State of Texas for its sizes.
4
C. Bob Nelson, Executive Director for Utilities,
continued his discussion of the resolution regarding purchase
of a portion of the raw water obtained from the Sulphur River
Basin from the Upper Trinity Regional District by contract with
the City of commerce.
Council Member Hopkins stated that she was concerned with page
20 of the contract which indicated that the City would have to
continue payments even if it did not receive any water.
i
i Nelson replied that the City would be obligated for the next 50
years to pay its 26% share of the debt service on the reservoir
regardless whether there was any water in it or not. That was
the obligation that Commerce was under with the Corps of
Engineers, All the City of Denton was doing was stepping in
Commerce's position.
Council Member Hopkins stated that any reservations that Nelson
had about the contract, he was obligated to tell the Council.
So tar, she did not see anything that would make her in favor
of the agreement.
Nelson replied that he had only a 50-50% professional opinion
that Denton would ever to finally accomplish getting the water
rights and the water transported into the City of Denton. What
it did for Denton was to put Denton in the arena as a player
tot water rights in the north Texas area and an interbasin
transfer. It kept Denton's name in front of the Texas Water
Commission and before other water supply entities. That might
mean a 140,000 a year investment for such an opportunity.
Council Member Boyd stated that assuming Denton voulA get the
water, it would cost about 601 of what the water in Lake Ray
Roberts would cost,
Nelson replied that it was the cheapest water that was
available at the present time. Red River water was cheaper but
there were difficult issues with the City of Dallas of ever
getting that water transferred.
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City of Denton City Council Minutes
rr- May 15, 1990
Page 15
i,
Council Member Boyd stated that the City had an adequate water
supply until the year 2010 and the contract would be for 50
years so that th:re was a potential use of the contract for the
final 30 years. He asked how much the contract would cost the
City.
Nelson replied approximately $83,333 for the first year. Staff 1
was fully anticipating that the other entities would pick up
their 508 rr:ducing the amount to $41,000-$42,000.
Council Member Gorton asked if the other entities would have
i the same conditional as Denton.
A
Nelson replied yes.
I ~
Council Member McAdams asked what would happen at the end of
the 50 year contract and what were other options if the City
decided not to go ahead with the contract with Commerce.
Nelson replied that Commerce would have the right to take back
the water supply. Other options would include (1) buy water
from Dallas, (2) participate wit'i Dallas in the Sulpher River
Basin, (3) water from Red River, and (4) rights to return flow.
Mayor Pro Tem Ayer stated that the item needed more discussion
and a full thorough study. An extensive written report with
options and costs was needed. Perhaps consultant was needed {
to work on the project. J
a Council Member Gorton suggested a subcommittee from the Council
to study the item further.
10. There was no official action taken on Executive
Session 'Atoms during the Work session.
11. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Ayer suggested a reception for the
two Council Members who were leaving the Council. He felt it
would be an appropriate way for the community to express
appreciation for all their dedication. He asked staff to
provide ideas for dates and arrangements.
12. The Council convened into the Executive session to
discuss legal matters (considered action in In Re: Flow and
discussed Count vs. City), real estate (considered acqu s tion
of land near the airport for right-of-way for a proposed road
and considered acquisition of land for a new fire station) and
personnel/board appointments. No official action was taken.
5
City of Denton City Council Minutes
May 15, 1990
Page 16
With no further business, the meeting was adjourned.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON
DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON
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t CITY OF DENTON CITY COUNCIL MINUTES
MAY 22, 1990
t ~I
The Council convened into a special call meeting at 6:00 p.m,
in the Council Chambers.
PRESENT: Mayor Castleberry: Mayor Pro Tem Ayer, Council
Members Alexander, Boyd, Gorton, Hopkins and 1
McAdams.
ABSENT: None
} 1. Ordinances
A. The Council considered adoption of an ordinance
canvassing the returns and declaring the results of the run-off
election held in the City of Denton on May 19, 1990.
The following ordinance was considered:
NO. 90-077
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RaSULTS OF THE RUNOFF MUNICIPAL ELECTION HELD IN THE
CITY OF DENTON ON MAY 19, 1990.
Alexander motioned, McAdams seconded to adopt the ordinance.
On toll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
aye. Motion carried unanimously.
Oath of office administered to newly elected Council
Member.
Jennifer Walters, City Secretary, administered the oath of
office to John Trent, Council Member - Place 6.
ti. 3. Election of a Mayor Pro Tempote.
The Mayor opened the floor to nominations.
Alexander motioned, Gorton seconded to nominate Randall Boyd
for Mayor Pro Tempore.
With no other nominations, the Mayor closed the floor to
nominations.
I On toll vote, Trent "aye," Alexander "aye," Hopkine "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
aye. Motion carried unanimously.
4. Resolutions Council I~ of appreciationhfor Lin is McAdamsred approval of a resolution
s.
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" City of Denton city council Minutes
t May 22, 1990
Page 2
s.
The following resolution was considered:
NO. R90-023
A RESOLUTION IN APPRECIATION OF LINNIE MCADAMS
Ayer motioned, Gorton seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye." Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
B. The Council considered approval of a resolution
of appreciation for Ray Stephens.
The following resolution was considered:
NO. R90-024
A RESOLUTION OF APPRECIATION OF RAY STEPHENS
Gorton motioned, Boyd secondea to approve the resolution. On
roll vote, Trent "aye," Alexander "aye." Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
i
5. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following it e:
A. Staff r.. researched preliminary dates and
location for the commL ity reception for the outgoing Council
i Members as suggested by Council Member Ayer. A memo had been
distributed with that information and a consensus was needed
regarding date and location.
After discussion, consensus of the Council was to hold the
reception on July 1, 1990 at the Visual Arts Center.
E
6. New Business
The following items of New Business were suggested by Council
Members for future agendas:
streets with similarln me /sa eo names is conjunctionrwithg9-1-1.
areas within Member
notan annexed update and
associated emergency services.
j
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P City of Denton city council minutes
May 22, 1990
Page 3
C. Mayor Castleberry asked when Council would like
to begin discussions regarding Board and commission
appointments. He wondered if a June 25th date would be
agreeable to everyone.
I
Council Member Alexander stated he would like to begin as soon
as possible relative to which appointments would be vacant, who
served what length of time on each board/commission, etc.
Consensus of the Council was to begin June 5, 1990.
Council Member Gorton stated that he would like to see a
mid-term appointment notation included in the information this
year.
f 7. Council did not meet in Executive Session.
With no further business, the meeting was adjourned at 6:16 p.m.
BOB CASTLEBERRY, MAYOR
I CITY OF DENTON. TEXAS
1 JENNIFER HALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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June 5, 1990
Denton City Council
Municiple Building
Denton, TX. 76201
RE: CITY COUNCIL•SUPPORT OF PARKWAY-CHILDREN'S MEMORIAL GREENSPACE
I j
Dear Council Members,
I am writing to you on behalf of the residents of Parkway in
Denton to ask for your support and endorsement of a grass roots
community effort, the Parkway Children's Memorial Greenspace.
Many of you will remember the tragedy of February 4, 19900 which
took the lives of Edna, Ella, Clara, Virginia, and Virgil England.
There are few people in Denton who were not moved by news of the
deaths of five children. These children were our neighbors and
our friends. We have joined together with a goal of creating a
lasting memorial to the children, and at the same time improving
the public safety and beautifying the City of Denton.
-1 This packet is designed to'acquaint you with our specific goals
and our progress to date. We are asking that the Denton City
Council pass a resolution in support of the "Parkway Children's
Memorial Greenspace".
If I can be of further assistance and/or answer any questions
you might have, please call me at (817) 387-4753. Thank you
for taking the time to consider this very special project.
Sincerely,
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Becky oll
511 Parkway
Denton, TX 76201
PARKWAY CHILDREN'S MEMORIAL GREENSPACE - CO-CHA7R
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PARKWAY CHILDREN'S MEMORIAL GREENSPACE
COMPRISED OF the friends and neighbors of Ella, Edna, Clara, Virginia,
s, and Virgil England. (Residents of Parkway Street)
s OBJECTIVE: To raise enough money to
purchase property at 500
Parkway (lot consisting of two houses situated on
the Northwest corner of Carroll and Parkway across
from'the Denton Chamber of Commerce.)
i
SPECIFICS: When purchased, the property would be donated to the
i city of Denton for use as a Greenspace area. A
Parkway Resident Burr Willcox has committed to clear
j the lot (remove both houses) at no cost to the city.
500 Parkway is located in a protected neighborhood,
zoned multi-family. However, The Denton Develo mentt i
Plan, Policies for Growth, issued'.by the City y at
Denton Planning an Development Department and approved
by the Denton City Council as RA-89-005, September 5,
1989, makes provision for the elimination of older
deteriorating structures on page 46 (refer to attached
document).
The residents of Parkway, specifically Steve and Becky
I Kroll, Elizabeth and Burr Willcox, Elida Tamez, Craig +
Foster and Carol and Eric Brown, have made a committment
to landscape the property and provide for its upkeep
at no cost to the City of Denton until such time as i
the property is absorbed by the Denton Parks and Recrea-
tion Department.
The Denton Parks and Recreation Board unanimously voted
` to endorse the concept of the Parkway Children's Memorial
Greenspace at its May 21st meeting (see attached).
The Denton Chamber of Commerce allowed the Parkway +
Children's Memorial Greenspace to hold its first fund
raiser
raiser at the Chamber (see attached).
The fund was a Garage Sale which earned $1500.
An account has been opened at the First State Bank of,
Denton. Becky Kroll and Elida Tamez are signatories.
The Parkway Children's Memorial Greenspace is registered
at the County Courts Building, a•Tax ID number has been
issued and application has been made for non-profit status. 1
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1
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PROPOSED RESOLUTION FOR DENTON CITY COUNCIL
THE PARKWAY CHILDREN'S MEMORIAL GREENSPACE
s
1
WHEREAS, the friends and neighbors of Ella, Edna, Clara,
Virginia, and Virgil England have formed the
"PARKWAY CHILDREN'S MEMORIAL GREENSPACE" with
I the goal of remembering the children in a loca-
tion where they knew happiness and,
i WHEREAS, a secondary goal of the "PARKWAY CHILDREN'S
MEMORIAL GREENSPACE" is to improve the public
safety in the City of Denton and,
WHEREAS, the "PARKWAY CHILDREN'S MEMORIAL GREENSPACE"
wishes to beautify the City of Denton and,
WHEREAS, the "PARKWAY CHILDREN'S MEMORIAL GREENSPACE"
desires to establish a permanent fund to aid
and protect battered and abused children in k
the City of Denton and,
WHEREAS, the Denton City Council supports and encourages
the goals of the PARKWAY CHILDREN'S MEMORIAL j
r. GREENSPACE, k
BE IT RESOLVED THAT THE DENTON CITY COUNCIL hereby supports
ars endorses the creation of the "Parkway Children's
Memorial Greenspace" and the "Parkway Children's Memorial
Fund"
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WE, THE UNDERSIGNED RES -3NTS OF THE CITY OF DENTOI TEXAS, IN THE
INTEREST OF PUBLIC SAFETY, BEAUTIFICATION OF THE CITY, AND A DESIRE TO
CELEBRATE THE LIVES OF EDNA, ELLA, CLARA, VIRGINIA, AND VIRGIL ENGLAND,
f FULLY SUPPORT, ENDORSE, AND ENTHUSIASTICALLY RECOMMEND THE CREATION OF
r
A COMMEMORATIVE GREEN SPACE ON THE NORTHWEST CORNER OF THE 500 BLOCK OF
WEST PARKWAY AND CARR~.'•L BLVD.
NAME (PLEASE PRINT) ADDRESS NATURE
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THE PARKWAY PRESS
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Volume 1 R3 June 1, 1990
PARKWAY CHILDREN'S MEMORIAL GREENSPACE GARAGE SALE
Our first fund raiser was a definite success( We made more than $1500.
The location of the sale, the Denton Chamber of Commerce, was a big
factor. The block residents deserye a lot of credit too. Mrs. Dicus
Tom Messenger helped
made up some crochet items that were a big hit.
with picking up the items from American Cleaners and setting up on
Friday. Carol, Rebecca and Katherine Brown helped on Friday, as did
Becky, Elida, Craig, Elizabeth and Mary Beth Willcox. Becky recruited
her Mom and Sister for help on Friday and Saturday. We also had some
people just come by and volunteer. Cleta Gilcrist (a family friend of
the England Children)
to everyonet
Maria Beck did some Leslie i great g posters. Lori o Fry
We also need to thank the businesses that helped our efforts: Ace
Hardware donated a brand new oil lantern; American Cleaners, the
unclaimed clothing; Bonita's Yarn Shop donated beautiful needle work
kits and some finished items; Copy Tech donated printing and a rubber
stamp; Cozy Oaks and the Southside Bar and Grill donated a gift certi-
ficate; Denton Parks and Recreation gave us the loan of tables and
chairs (they also gave us a unanimous endorsement of the project);
Ellington's on the Square and E1 Matador Restaurants gave gift cer-
tificates; First Instant Printing printed 500 flyers that were passed
out at Walmart; the Homestead Restaurant gave two gift certificates;
KDNT gave us some radio publicity; Kroger gave five $10 gift certificates;
Locust Street Bar and Grill, gift certificate; Lone Star Car Wash gave
two gift certificates; Midway Mart made some copies for us; North ,
Dallas Gliders gave a gift certificate for a Glider Ride (a $25 value
that sold to Dr. Kent Noell for $50.) Payless Video c donated lvideo
arge
tapes; Revco gave us shampoo, ice breakers, g
quanities, they were big sellers; Nancy at Small Fry Children's Shop
donated almost a $1,000 worth of brand new children's clothing, big
hit; Terrell Wheeler Printing did copies for us; Today Signs did a
beautiful banner for the garage sale; Tritt's Ready to Wear donated
a gift certificate; TV 25 gave us some local cable TV publicity; Paul
Voertman gave us a check for $100.00; Walmart gave us two brand new
beautiful coolers and passed out 500 flyers.
I'll try to get a personal note to each of these businesses to say
Thank You.d
UPDATE
We're bon the y agenda for the City Council 387eting 7e00 pm on Tuesday,
Jun
k
We've opened the PARKWAY CHILDREN'S MEMORIAL GREENSPACE account at
the First State Bank. Elida Tamez and Becky Kroll are signatories.
We're already talking about the seccad effort. Elida has suggested a
concert. She and Era Harford (a new recruit to the cause) are going
Parks Recreation says
we cank have Brave the Combo.
2
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We are accepting donations so remember to mention our a forts to your
friends.... We'll keep you posted. 1
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C17Y of DNNYON 1215 E. McKinney i Demon, Texas 76201
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PARRS AND RECREATION BOARD MEETING
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MONDAYt MAY 21, 1990
5:30 P.M. SENIOR CENTER {
MEMBERS PRESENTS Carl Anderson, Chairman
Dalton Gregory, Vice Chairman
Rita Pilkey
Catherine Bell
Roy Appleton III
STAFF PRESENT: Steve Brinkman, Director of Parks and Recreation
Joy Beach, Senior Secretary !
GUESTS PRESENT: Prank Robbins, Executive Director for Planning and
Development
Owen Yost, Planning and Development
Barbara Roast Community Development Coordinator
Lt. Bob Summere, Denton Police Department
Louis Flores, Denton County Probation Office
Charlie Cole, Denton County Probation Office
Carl Young
Becky Kroll
Sharon Simonson, Denton Record Chronicle
Members of the Southeast Denton Neighborhood Committee
Members of the Planning and zoning Committee
Members of the Denton Chamber of Commerce
I, MEETING CALLED TO ORDER
The meeting was called to order by Carl Anderson, Chairman,
Its APPROVAL 04 MINUTES PROM LAST MEETING
On a motion by Dalton Gregory, second of Rita Pilkey, the minates of the
meeting of April 301 1990, were approved,
III, OLD BUSINESS
II It Budget Updates
Steve distributed copies of the department's supplemental request
` for funding for youth sports officials. He said that doing away
with funding and the collecting of the administrative fee would
t
Parks and Recreation Board Meeting
May 21, 1990
i
Page - 3 ir.
After a discussion which included comments by the members of P an
t
z and the Denton Chamber of Commerce, the consensus of the Park
Board was to support the plan and to offer assistance as needed.
3. Martin Luther Ring, Jr. Recreation Center Advisory eoar3 Meeting -
Catherine Bell:
No business, of
V. OTHER BUSINESS 7I
1. Community Service for Probationers:
Carl Andurson introduced Louis Flores and Charlie Cole of the
Denton County Probation office. Mr. Flores said a program was
being considered to allow probationers to make restitution by
performing community service. This service would help clean up
parka, athletic fields, and after big functions. This would be
performed in the evenings and on weekends and would need
supervision. Mr. Cola said the probationers can be worked for no
more than 2D hours per week and each probationer is thoroughly
screened before being placed in the program. They came before the
andseeReoceation
implementation consideration Withhethe progr
Board to possibility as for for
Department.
Stave said the program would potentially be a big help to the
department, but the city Attorney would have to be consulted about
the legalities.
{ Roy moved that the Board recommend Steve investigate with the
Denton County Probation Board for this program. Rita seconded the E,
motion, and the motion was passed unanimously.
2s 144bptal dteenepacbi
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t't Beck Kroll told the Board that a memorial greenspace had been
planned in memory of the children wl,o had been killed in an €
accident and who had lived in the Parkway areas She said a person
who owned the property needed for the greenspace had offered to
sell the property to the group for approximately !38,000, and they
bad someone to remove the buildings at no cost to the city. The
group would maintain the property until the Parks and Recreation
Department can provide the maintenance, She asked the Board to ~I
make a formal recommendation in favor of the plan. {
Dalton Gregory moved that the Board endorse the concept of the
Parkway children's Memorial Greenspace, Rita Pilkey seconded the
motion, and the motion was ptised,Mith s unsnimouy Vote,-
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Pages 43 through 47 of -"•e Denton Development Pla Policies for Growth,
issued by the City of. G ton Plann nq and. Developm c Depor ment-'an
f''^'• approved by the Denton City Council as FA-99-005, September 5, 1989.
4T Not to exce a overall intensity
i standard. J
~ 11
5) Existing street and other public t l
facilities are adequate including
capacity for all modes of k h;
transportation. 1
6) The size of apartment concentration ii
shall vary between 100 and 200 units t
in one location, depending on access A
to a specific category of s
thoroughfare. (Refer to policies in
Section 8).
4. Apartments, Recreation Facilities and Site
Planning
it is recognized that multi-family
developments place greater strain on community
recreational facilities. The iio-tnt of this ~
policy therefore is to encours•al3 apartment
complexes to provide adequate open space and
e ~
other recreation facilities to meet the needs
of residents. Apartment complexes of
forty-five units and ovei should provide
facilities including, but not limited to
swimming pool and exercise equipment.
5. Housing and Neighborhood Preservation
The intent of these policies as well as
numerous other policies throughout this plan
are intended to preserve our neighhornoodep
the backbone of our community. This final is
0326k - 43 -
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reinforced by current unstable economic
conditions, dwindling resources, rising
housing and energy costs and environmental
concerns at the federal state and local
levels. Therefore, the preservation of our
existing housing stock becomes a priority.
The following are examples of specific
policies:
j4
a. Modify codes to encourage remodeling of 9
housing and redevelopment of neighbor-
hoods by providing incentives in taxes and
public facilities. This is not intended
j
to provide incentives to individuals or to
modify health and safety codes.
b. The following general policies are
suggested for all neighborhoods, but
particularly older neighborhoods:
if Code enforcement will have a priority
in older neighborhoods.
2) Neighborhoods will be encouraged to
°interact with the Planning and Zoning
Commission, City Council, other
pertinent boards, and City staff.
c. Special consideration shall be given for
the protection of older residential
neighborhoods which have been improved or
have benefited from Community Development
Block Grant and similar federal or state
expenditures. These areas are
specifically defined as follows and shown
on map on page 48,
0326k - 44 -
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1} Carroll Boulevard/University Drive
An area bounded on the south by
i University Drive, on the east by Bell
Avenue, on the north by Coronado
Drive, Locust Street, Orr Street and
Highway, 77, and on the west by Carroll
Boulevard.
i
2) Carroll Boulevard/West Hickory
An area bounded on the south by West
Hickory, Welch and Sycamore Street, on
the east by Carroll Boulevard, on the
north by the south property line of
retail and office uses abutting
University Drive, and on the west by
Malone, Scripture and Bonnie Brae.
3) South Carroll/Eagle Drive
An area bounded on the south by I-359,
Earl and Greenlee Streets projected
along a straight line to Fort Worth
Drive, on the east by Fort Worth Drive
and South Carroll, on the north by
Eagle Drive and. on the west by Collier
Street.
4) Morse Street/Woodrow and Audra Lane
An area bounded on the south by Dallas
Drive, Duncan, and Kerley Street and
the north property line along Shady
Oaks Drive, on the east by Woodrow and
Audra Lanes, on tho north by Wayne and
Mozingo Streets, and on the west by
the railroad, Prairie Street, Avenue R
and the railroad to Dallas Drive.
)
0326k - 45 -
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5) South Carroll/Parkway
An area bounded on the south by
Parkway Street, on the east by Oakland
and Locust Streets, on the north by 11
University and on the west by south
Carroll,. 1
h
6) Oak-Hickory Historic District ~
An area comprising blocks number 328$
29, 330, 336, 476 and 488 and part of
block 475. The boundaries of the
Historic District may be amended from A
time to time over the plan period, 4 1
7) Additional Areas
other areas may be added to this list
from time to time over the plan period,
d. In reviewing zoning, subdivision, capital i
improvements and other '
proposals, existing ~
neighborhoods will be given specific ;
consideration to ensure stability.
Compatible redevelopment is encouraged, a
including the priority expenditure of j
public funds over newly expanding areas, I
Specific review criteria will include:
11 Upgrading or eliminating older
deteriorating structures will be
encouraged to the extent that it is
judged positively for the overall 1
neighborhood.
0326k - 46
1
7
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2) Review criteria will consider the
impact of proposed development in
areas adjacent to or nearby existing
older neighborhoods. Proposed
development in nearby neighborhoods
should be judged by the sane design
and development standards that would 1
be applied if the development was
4 proposed in the existing neighborhood.
l
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6. Spot Apartments in Older Neighborhoods
Some older neighborhoods have been opened up 3
to apartment development and there are some J
unique parcels that are not suitable for
further single family development. If higher
density housing is to be allowed, then, it is
the policy of this plan that existing single
family will have a priority for preservation.
For example:
a. Apartments in the older neighborhoods in
addition to complying with the concentra-
tion and separation policies of this plan
should also have strict site design
9
standards nuch as:
a;
1) Landscaped front yard, setbacks
equivalent in site and character to
the adjacent single family.
1
2) No parking in front yard of the
complex.
3) Limited concentration on any one block
(two per block as maximum guideline).
0326k
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VIRGINIA'S POEM 1
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'JESUS LAVES ME, YES I KNOW'
I learned that song a long tima ago.
{ I forgot it for a while,
and I forgot how to smile
The pain of living was so intense,
And nothing in life made any sense.
I wanted to live,
I
I wanted to die.
0
I hurt so bad, d
I could cry.
I felt so mad I wanted to spit
And scream, and cry, and hit and hit.
The pain, so deep, so quiet lay,
i couldn't leave, I couldn't stay.
Thanks to love I learned what to do,
Thanks to love, so can you!
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This poem was written by Virginia England in 1988. 5he'was 10 years old.
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VIRGINIA'S POEM
t 'JESUS LOVES MEr YES I KNOW'
I learned that song a long time ago.
I forgot it for a while,
r and I forgot how to smile
} i The pain of living was so intense,
And nothing in life made any sense. 1
I wanted to live, s
I wanted to die.
I hurt so bad.
I could cry. 888}
I I felt so mad I wanted to spit
And scream, and cry, and hit and hit.
.'he pain, so deep, so quiet lay,
I couldn't leave, I couldn't stay.
Thanks to love I learned what to do,
Thanks to love, so can youl
This poem was written by Virginia England in 1988. She,was 10 years old.
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May 1990
TOi THE RESIDENTS OF PARKWAY
FROMS BECKY KROLL (817) 387-4753
511 Parkway
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k REi CHILDREN'S MEMORIAL GREENSPACE
" NORTHWEST CORNER OF PARKWAY AND CARROLL
Until last week I had all but given up on the idea of making the
` Children's Memorial Greenspace a reality. But now, thanks in
share l my i enhave r thusiasm,.enated my
e hopart pes. to I the hope e that you will Chronicle
lost
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WHAT HAS HAPPENED
Last week the Record Chronicle published an article that Ithhad
at
written well over a month ago. At that time I was hoping
First State Bank would donate the property to the City of Denton.
I have attached a copy of the newspaper article and the bank's
polite letter to me declining donation.
In the mean time, as many of you are aware, Mr, Eddie
both purchased
the property and has been steadily working to prepare houses
for rental.
Eddie is a responsible landlord with several other rental properties one rea
son cornertwas thatthedwantedato improve itseappearance. pDuringymyn the
dealings with the bank, e way 'clear '
he would not stand in th way
the city.
Following the publication of my article about the house on the corner,
the Record Chronicle published an editorial supporting the project
last Thursday. I've attached a copy for your review. The editor,
Mra George Prontice, asked me to give him some follow-up on the story
this week.
In thinking o£ what would be an appropriate up-date, I realized that
we needed to provide a mechanism whereby individuals who supported
the project could contribute money toward the purchase of the property,
This has become necessary because there is now a new owner and the
idea of an outright donation is unrealistic. Additionally, I think
we need to consider the possibility that we may be unsuccessful. Should
that prove to be the case, everyone needs to be assured and confident
that all monies contributed will go to a worthy cause. I feel strongly
any money should go to a Denton agency committed to and involved with
underprivileged children in Denton.
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I spoke with First State Bank about the reeuirements for setting up
such an account. I was told that a minimum of $100 was required to
open an account of this nature and that at least two signatures
should be required to dispurse funds. It was suggested that at least
one of the individuals signing the checks should be an individual
well-known in the community. This is needed to ensure that the donated
funds are spent properly and with no hint of impropriety,
In trying to determine who such an individual might be, I called the
First Baptist Church. Mr. Drev Hudgins of Goen's Funeral Home was
recommended. I called Mr. Hudgins and asked if he would consider
such a responsibility. I have not yet heard back from him, but it
has only been four days. Next I thought of Donna Fielder, reporter
for the Denton Record Chronicle, Donna is in addition to her work
at the paper, very involved in "Friends of the Family", a group
that works with poor women and children. I asked if Donna would
consider such a responsibility. She called be back today and said
that while she wished us well, she was concerned about a possible
conflict of interest with the project.
WHAT NEEDS TO BE DONE
We rn!ed to get together. If this project is ever to become a reality,
all of us need to be involved with and united on our plan of action.
I am suggesting that we meet Tuesday afternoon at 6:00 at my house)
511 Parkway, to discuss the situa on. I is a nice day, we might
just meet in the front yard, so bring a lawn chair and I'll have
plenty of iced tea.
j
AJECTIVES I
1. Do we want to continue our efforts to create the Memorial !
Greenspace? I
2. Will Mr. Lane agree) to sell the property, should we raise the
funds? And, if so, for what price? I
3. Do we want to set up an account with a L,.sk where donations !
could be sent? If so, f
a. Who do we want to authorize to dispurse the funds?
b. Do we want to set a deadline for reaching the goal of
obtaining the property?
c. If we are unsuccessful in obtaining the property, where
do we want the donated funds to go?
4. Has anyone reconsidered his/her committment to maintaining
the property until it can be taken over by the City Parks
Department?
I will try to speak with tir. Lane and invite him to join us tommorrow
{ afternoon. Until then, I look forward to seeing you in what I hope
1 will be the first of many Parkway Block Activities.
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FIRST STATE BANK
F.
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101 SOUTH LOCUST DENTON. TEXAS 7 M I
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April 13, 1990
Ms. Rebecca Kroll
511 Parkway
Denton, Texas 76201
RE: Request to donate corner of Parkway and
Carroll to City for memorial greenspace
i
j Dear Ms. Kroll and the residents of Parkway Street:
Thank
you for visiting with me concerning your desire that :he
bank donate the house and lot known as 500 Parkway to the City,
On Monday, April 9, 1990, your request was presented to bank
management. After careful consideration, Management feels the
bank
is legally bo
and
to honor the contract previously accepted,
from Mr. Lane and, therefore, is not in a position to donate the
property to the City.
The sale is scheduled to close at the and of April. You may wish
to approach Mr. Lane after that time to see if he would like to
donate the property to the City, a
Sincerely,
.~~-F•d~~u.zw~ I
Donna Owen
Vice President
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DMO:dd
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10A1Denton Record-ChronSclelTuesday, May 1, 1990 y
Opinion
l ,,J -The house on
the corner One of the automobile accidents that happened
at M into WdOn involved Virg and hie little
SOmelhi can be made friend Michael. The boys were playing in the
ng' good front yard. The shrubs alonngg the roadway
f om this bittel5weet location I blocked the oncoming carefromview. Michael,
f on his bicycle, darted Into the street only to be
1 struck by a car and thrown more than 100 feet.
I By Becky Szou eldest should Amaungly, little Michael survived. This ac. 1
never have been allowed to have
4 is been deteric*ating steadily for the past happened. Children shouldn't play so close to I
decide. It sits directly across from the such a busy street. "*s fact that the driver
Denton Chamber of Commerce building couldn't see the children at play and d!4n't have
on a blind corner that has been the scene of 13 time to react doesn't assuage the guilt a %oclated
automobile accidents over the past year and a with such an instant, Irrevocable trailed),
half. The creation of the "Memorial Greensi.ace"
And now, it sadly echoes with the laughter and has and will involve the combined efforti of
tan of five children who once reamed itinow neighbors, friends and the business community.
deserted rooms. An appeal Is being made to the First State Bank
The children - Edna, Ella, Clara, Virginia and to donate the proppeerty to the city. Parkway 1
Virgil England -were tragically killed Ina resident Burr Willcox has volunteered to take
terrible car wreck last winter. The bittersweet down the existing buildings at no cost to the city.
Irony is 1
that they were on their way "home." The The residents of Parkway have committed to
ddkb*o had last lived In this very sad house on the maintenance of the props ty, lacludin
Parkway Street. landscaping, for at Isar the tint year so that the
TT'bbeeyy were happq oParkway. They made dry can absorb the property Into lb Parks and
I friends on the black. Tab y practically ll ed at don Depm'tnient without undue financial
Craig and Edda Is horns across the street. They burdft
f loved to play with Cella and Chloe. Edna helped Once the Property Is cleared, a decision must
Hrs. Dicus (the block's senior resident) with odd be made on the memorial itself. Ideas have
yobs. Virginia charmed Steve Kroll while ranged from the planting of trees with a me-
researching her hher school paper on 11 How People =Plaque to Ying a winding sidewalk and
Quit ( oldng," played catch with Pooh dds a marble
bench, engraved with the
M dm a tumee
neiggh puppy), There were good
times and bad times for the children on Parkway, Everyone is open to suggestion,, assistance
but the neighborhood cared what happened to with the project and additional community
them, and that caring trade a difference in th< it support. TU success of this project will depend
all too brief time with u,. on the involvement of the entire community.
Now the neighborhood has joined together with Our gal is to remember the children of
the hope of creating a lasting memorial to these Parkway, beautify the cityy of Denton, and im-
Children of Parkway. The gal Is to create a prove the public safety. We welcome your good
"Memorial Greenspace" on the corner where wishes, hawtsao help and cash donations.
they lived. For further information, plaesse contact:
The memorial would alw address and Be* ~U (817) 9874753 or Craig Foster (817)
hopefully comsat the serious problem with that
cuter location. The northwest corner of the a Deer ssou II. Der Q r &!111 .EC UMOR N tway 9,r"L
Intersection of Parkway and Carroll Is a blind
corow,
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10AMenton Record-ChmniclOThursday, May 3. 1990
inion
t ' ' ' ' ' FEDITORIAI.
Reserving lot for
greenspace would
reap -great rewcrrds
be deaths of five Den tai children
and their one-time attraction to a
T "very sad house on Parkwa j
street" have opened the door to
suuggggestions for aperk-like greenspace that
wou]d stand as a beautifying memorial. Right now they're trying to beat their way
The children were Edna, Ella, Clara, through the proverblal brick wall of apathy
Virginia and Virgil England. Their lives so they can deal with an equally, formidable
came tragically to an end in an auto acci- harrier - financial reality.
dent. That corner has a very real financial
But residents say those England kids, value. A new owner is planning to improve
through love of neighbors and their sur. the house. So the people of Parkway aren't
roundings, left their mark on the street and quite sure at this point Just where to turn in
the house in which they lived on Parkway. their efforts w turn tragedy into a beautiful
The upshot of this kind of emotional at. memorial. But they're still trying to find a
tachment has been a move within the way
neighborhood to create "a lasting memorial Out hesitates these days to toes serious
to those chldren of Parkway.' And sated tangible proposals up for grebe in the po-
want the "memorial cx c liUCal areas. But consider, if you will, the
an the caner where the Idds lived. fact that there are no reel awesome barriers Residents of the street feel that the in the road to making the lot on Parkway
a
"nismoeWwould also addreuaandcorrect gr4ensWcamemorW.
the serious problem with that location." The ! oia indual Could forever
northwest corner (across the street from the endear if to his community if he
Chamber of Commerce offid!) at the in- helped find a way to Include paasles, shrubs
bwasoctiao of Carroll and Parkway is a blind and. redbuds in the beautification of that
Comer. Parkway site along one of Denton's main
The do ce" proposal now hinges on It couldd, one "
the succe ssf olvement of neighbors, might say, put a forever-
Mends and the business community. Burr green featber" In the cap of a thoughtful
Wilcox has volunteered to take down the mayoral Candidate with the right answers.
ezis budding at no cost to the city. And
the tYeldenfs of ~nrkvvay have committed
theaaselves to maintenance of the property,
inctuding landscapinit, for at least the first ,J
ails TThhb period of time, they feel, would I 1 the etty time to absorb the lot Into its
pub and reaction division without fi-
nancial hardship.
Municipal leaders eternally shed tears for
this kind of community concern and in-
volvement. And Becky Kroll and Craig
Foster deserve community plaudits for their
efforts to beautify and memorialize,
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TO LOVINGLY REMEMBER AND HONOR THE BRIEF LIVES OF EDNA, ELLA,
CLARA, VIRGINIA, AND VIRGIL ENGLAND BY CREATING A MEMORIAL GARDEN
02; THE CORNER WHERE THEY LIVED, PLAYED, LAUGHED AND CRIED.
TO IMPROVE THE PUBLIC SAFETY OF DENTON BY ELIMINATING THE BLIND
CORNER AT THE INTERSECTION OF PARKWAY AND CARROLL (THE SITE OF
THIRTEEN ACCIDENTS DURING THE PAST YEAR AND A HALF).
"rte TO BEAUTIFY THE CITY OF DENTON AND ENHANCE THE INITIAL IMPRESSION
OF VISITORS TO DENTON' S CHAMBER OF COMMERCE BY REMOVING A SAD,
DETEP10RATING HOUSE AND CREATING A CHARMING GREENBPACE.
THE RESIDENTS OF RUXtAY AND THE CITIZENS OF DEN-TON WILL SPONSOR
]'HE PARKWAY CHILDREN'S HEMOyRIAL GREE SPACE
9ARAGE SALE
MAI 25 1 26, 1940
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CORNER OF PARKWAY AND CARROLL
OUR GOAL I;i TO RAISE ENOUGH MONEY TO PURCHASE THE PROPERTY ON THE
3 NORTHWESIC)RNER OF CARROLL ANL PARKWAY, DONATE THE PROPERTY TO THE
CITY OF [ANTON, AND CREATE THE "PARKWAY CHILDREN'S MEMORIAL
} GREENBPACE°' OAS THE SITE. THE DENTON PARKS AND RECREATION
DEPARTMENT FULLY SUPPORTS OUR EFFORT, AS DOES THE NEW OWNER OF THE
PROPERTY.
TO CONTRIBUTE ITEMS TO THE SALE AND/OR VOLUNTEER YOUR TIME TO
ASSIST WITH OUR EFFORTS, PLEASE CALL:
BECKY KROLLI 387-4753
ELIDA TAMEZI 382-5384
ELIZABETH WILLCOYI 382-4240
PLEAS3 'iA G ALL DONATED ITEMS WITH A SUGGESTED SELLING PRICE. ALL
ITEMS CONTRIBUTED WILL BE SOLD OR DONATED AT THE END OF THE SALE.
ALL MONIES COLLECTED WILL BE DEPOSITED IN A SPECIAL ACCOUNT AND
USED EXCLUSIVELY TO OBTAIN THE PROPERTY AND CREATE THE "PARKWAY
CHILDREN'S MEMORIAL GREENBPACE". IN THE EVENT WE SHOULD BE
UNSUCCESSFUL IN ACHIEVING OUR PRIMARY GOAL, ALL COLLECTED FUNDS
WILL BE DONATED IN THE NAMES OF THE CHILDREN TO DENTON'S "FRIENDS
OF THE FAMILY", A SHELTER FOR BATTERED WOMEN AND THEIR CHILDREN.
PLEASE HELP US REMEMBER THE CHILDREN OF PARKWAY. CONTRIBUTE NEW
OR GENTLY USED ITEMS TO THE SALE (CASH DONATIONS WILL BE GRATEFULLY
ACCEPTED), VOLUNTEER YOUR TIME TO HELP WITH THE SALE, TELL YOUR
FRIENDS ABOUT THE SALE, COME TO THE SALE, BUY A "TREASURE" AT THE
SALE. ;'OGETHEF. WE CAN EACH PLAY A SMALL PART IN MAKING DENTON A
LITTLE 817 NICER PLACE TO LIVE AND WORK., THANK YOU.
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CITY
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DATE: 06/05/90
h CITY COUNCIL REPORT FORMAT
14
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
I ~
SUBJECT: ADDING CORRECTIONAL FACILITIES TO THE ZONING ORDINANCE TABLE
OF PERMITTED USES
RECOMMENDATrON:
Planning and Zoning Commission unanimously recommends e
M pproval (6-0).
'
SUMMARY:
Add correctional facilities to table of permitted uses, by Specific
Use Permit in At LI, and HI districts and In PD districts. All
correctional facilities will require site design approved by Council.
BACKGROUND:
I~ I
The County of Denton is considering its jail expansion within the
` city limits of Denton. Corre:tional facilities are not listed in
If the table of permitted uses. See attachment 2, survey of other
cities.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
C
County jail expansion, potentially.
FISCAL IMPACT:
a None
Respe ully $ubm d:
I Prep red by: Lloyd V. Harrell
~r C City Manager
I Frank H. Robbins, AICP
Executive Director
Planning and Development
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PIZ Mlnutes
May9; 1990
Page
Ms. Brock commented that at present theca does not seem to
be a code enforceme.t problem. the City could u+nsider
clarifying the language regarding rides. Creating
exceptions or distinctions for fairgrounds could open up
other problems. Signs have been regulated according to
toning not usage and several groups that have asked for
exceptiona have been denied. She said that she does not
like that option,
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The Commission discussed various options,
Ms. Kiker arrived at the meeting,
Mr. Engelbrecht moved to direct staff to pursue rezoning of
the fairgrounds property Seconded by Mr. Kamman And
unanimously carriied f6-O j,
Ms. Evans liked for clarification as to what how the
Commission would like the property zoned.
Mr. Kamman said that staff can analyze the possibilities.
Mr. Robbins said that the first step would be neighborhood
meetings. 1J,
Ms. Morgan asked If there will any code enforcement activity 1
In the meantime.
' Mr. Robbins said there would not be enforcement on carnival
rides. Other decisions about violations must be side by the
City Attorney and possibly by the City Council. ;
Ms, Brock told Mr. Roden that she hopes he understood that
They Commission omp aclatosehiseproblems andshopesotordow.
something workable,
Iv. Mold a public nearing and consider recommending approval of
an asenoaent to Appendix B - ioninpo of the Code of
Ordinances to add correctional fee litles to the schedule of
permitted uses.
Ms. Evans stated that the City is petitioning9 to amend the
s0oduli
current Jill lsite `waserezonad to`alioweforsae use.
When red.-
tower, the need for a category was discovered because the
Also, County privateexpand
correctional site
facilities anther
becoming more
common. According to the proposed asendsent correctional
facilities will be defined a,, a place with living quarters
committing a riminalnoffense or wused oto `confine juvenlles
i
or 54 of n accordance with the provisions of Chapters 61, 62, 63,
Stiff recommends of theafacilities in aV agricultural,
light and heavy Industrial toning districts with a specific
use permit (SUP) and In planned development (PD) districts,
This would require site plan approval public hearings,
V.A
Ms. Morgan asked if the distance from neighborhoods is being
addressed.
f
Ms. Evans said that it could be addressed with the site plan
of a SUP or with the detailed plan of a PD. The current
i site was built on Multi-family and General Retail toning,
She does not know why that happened. The County would be
equired to come in for zoning if they pursue further
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deveopment.
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v`2 Minutes
May 9t 1990
Y Pwga a
r ris. Morgan said tnat son: of the yeopte who live In that
area moved because of the facility.
Ms. Brock said that what happened at that site would not be
allowed to happen again.
Ms. Evans said that it could not happen without site plan
approval and public hearings. She has spoken with the
County Public Mores Director and ne seemed positive about
the direction of the proposed ordinance.
< Chair closed the public nearing.
Ms. Evans stated that staff recommends approval of the
amendment to the schedule of uses.
i
Mr. EnQelbrecht asked if there is a minimum number of
individuals or a capacity.
Ms. Evans said no.
Mr. Morris said that the State regulates capacity.
Ms. Brock moved to recommend approval of the amendment to
the schedule of uses to provide for correctional
facilities. Seconded by Mr. Kamran and unanimously carried
(6-0). - _ J(
` Y. Director's Report and future Agenda Items.
f j! Mr. Koboins reported .hat the Commission's schedule for the
CIP will being in Juno depending on receipt of financial
data about property tax value. This data has not been
received yet. The Executive Staff will review the C1P and
will probably give it to the Commission on June 21, 1990.
There mey be some items added. One is or. Hickory Creek
I ) Road. There are people present that can give you the
specifics of the problem.
Doug Key, 2605 Wellington, stated that he is principal of
tits elementary school located on Hickory Creek Road In for
south uenton, it is a hew school witn 7SO.760 students.
The students are bused. Denton Regional Day School for the
Deaf is also located there. fnese students are either
totally deaf or severely hearing impaired. When he first
came to uedton and went to took at the school there were
' holes in the road and very tall weeds. The road Is in t.Aa
City limits. He called and tried to got something done
about It before school opened In 1987. No one seemed to
know about the school or who was respponslble for the road.
there is a sharp turn in the road which buses can't turn.
Before senool opened, lu VCNS were stolen. de called both
the city police and the County. It will two days before a
City police officer was sent out. He asked Mr. Svehia for
help. Mr. Svehla got y op on the road a little widening,
and some mowing done. This was from 21h to the bridge.
v nothing has teen done about the road since that time. They
will now it if the school calls In. There nit been a lot of
rain for the last two yeas. The road west of the school is
impassible. The buses have had to find an alternative
route. To the east, there are 3 areas with water over the
roadway. One area has a culvert tnat goes into a stop
tank. He Is concerned about the safety of the students.
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f ATTALaKENT 1
a
ORDINANCE NO.
ADDING AMENDING A NEWAUSE D
ORDINANCE E OF THE CODE OF Y ORDINANCES j BY TEXASr
ZONING TO THE
ZONING OF THE
SCHEDULE OF USES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT 0
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
That article 12 A of Appendix B - Zoning of the
Code ofo da ces is amended by adding a new definition to read as
follows
I
(66) Correctional Facilities: A place with living ,
quarters used to confine persons charged with or
convicted of committing a criminal offense or used to
confine juveniles in accordance with the provisions of
Chapters 51, 52, 53, or 54 of Title 3 of the Texas Family
Code, as amended. i
That Section C (Educational, Institution B
Special Uses) of the schedule of uses of article 7 of Appendix ,
Zoning is attended by adding "Correctioral Facilities" as follows:
r a• a u e w 'E ~ try! Y/r
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SECTION III: That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
?ASSED AND APPROVED this the day of , 1990.
~ i
V
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.,
f
APPROVED AS TO LEGAL FORM:
I DEBRA ADAMI DRAYOVITCR, CITY ATTORNEY
I `
BY:
corrf
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ATTACHMENT 2
A SURVEY OF REQUIREMENTS
FOR
CORRECTIONAL FACILITIES
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WEATHERFORD
Classification Local State or Federal Building
i District Permitted in Agricultural and all others
except residential (SF, MY, eat.)
They also have a category called 11non-
defined user which requires a public
hearingr to attend the zoning ordinance in
order to place on use schedule.
MINERAL WELLS
Classification Publio - Community Facilities
Private - Pre-parole Transfer Facility
District Private facility directly permitted in
Light industrial.
Public facility permitted in all districts
except Parking.
CARROLLTON
Classification Prison, other correctional Institutions,
rehabilitation clinic for ozsainals. No
distinction between public and private.
j District All three categories permitted with
Specific Use Permit in Light and Heavy
Industrial and in PDs that have light and 11
heavy industrial uses.
Rehabilitation clinic for criminals also
permitted with SUP in Heavy Commercial,
Commercial Narshouse, and Freeways I
DALLAS
Classification Government Uti'Aity. No distinction
between public and private.
District Any with SUP. Halfway house in industrial
with SUP.
FORT WORTH
Classification Public facility
District Any
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LEWISVILLE
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Classification Not specifically defined.
District BOP zoning required. Government can have
halfway house in any district without BOY.
A private halfway house would be ok if it
was residential in nature.
LONGVIEW
No classification or requirements.
i
GRAND PRAIRIE
Classification Not in zoning ordinance.
District Would have to get interpretation from Pis
as to which district would be allowed in.
Their soning ordinance is being updated
and the PAZ has recommended allowing the
use in the Central Area (like our Central
Business District)# industrial Parks,
Envy Commerciale Light industrial, and
Heavy industrial with a SOP.
MESQUITE
Classification Not allowed by right.
District Requires site plan approval and
conditional use (like our SUP) in Light
i Commercial, Mixed Use, Central Business,
i Commercial, and industrial.
MCxINNEY
Classification Not specifically defined.
District Government Complex or PD
DECATUR
No classification or requirements.
WAXAEACEIE
Classification Not specifically defined.
District A government building would be allowed
anywhere other than Heavy industrial.
A private facility would require a
determination by the Zoning Board.
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2651L-1/3689
FOR THE PURCHAS DING OR A SERVICESCONTRACT
AN ORDINANCE ACCEPT1NG MATERIALS, COMPETITIVE BIDS EQUIPMENT AND AWAR SUPPLIES ;
E OF AND PROVIDING
FOR AN THEREFORE;,
FROVII)ING PENDITURE OF FUNDS
has solicited, received and tabulated
WHEREAS, the city purchase of necessary materiels, r(l1tiv-
competitive bids for the ; rocedures of
ment, supplies or services in accordance with the p
state law and City ordinances; and
he Cit Manager or a designated employee ling
WHEREAS, t qed that the supplies or
reviewed and recommend herein desuiiment,~isuplare the
lowest responsible bids for the msstaeie°leUbmitted therefor; and
! services as shown in the Bid Proposals"
ropo rovided in the City Budget for
the City Council has p rctsase of the
WHEREAS,
r apps Pu
' the ePproP roved and accepted
i riation of funds or services
materials, equipment,
herein; NOW9 THEREFORE,
THE COUNCIL OF THE CITY OF I)ENTON HEREBY ORDAINS:
That the numbered items in the followiil,ow`~umbe`edd j II he
SECTION 1• a uipment, supplies, or services,
bide or ma erials, q are
"Bid Proposals" on file in the Office. Of the city'
e eabids
Agent filed according to the bid numherlowestnresgo hereret u,
hereby accepted and approved as being
for such items.
BID ITEM AIIUU[d'1'
llUR
YIN
11U ER NO.
x.75 ea
1106 -1 BADGER METER COMPANY $ 39.50 ea
13.06 2 KENT METER COMPANY t 64.00 ea
gf SCHLUMBERGER NEPTUNE 1
1164- 0'
11 6 4_ BADGER METER COMPANY w _t_~ 9 00 ea
I-16 g SCIILUKDERGER NEPTUNE ~-a
1---06 - 6 5CULUUIBERGER-NEPTUNE ~s 91 00 ea
i 1106 7 SCULUMBERGER-NEPT(INE~00.ee
I SCULUMBERGER-N1PTUN`E -
L1_ - g.00_ea
1106 9 BADGER ME'1ER COMPANY X2.11 ea
UNIFORMS , ,
BID ITEM YENOOa AMOUNT
NUMBER. NO
R&R UNIFORMS $ 21.00 ea
111 2
RSR UNIFORMS $ 21.36 ea
1111
3
4 R&R UNIFORMS $ 65.25 ea
' 1111
35.69 ea
' 1111 5 _ RSR UNIFORMS _
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SECTION II. That by the acceptance and approval of the above
numbers tems 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 persona submitting
approves and-accepted items and of the submitted bids wish to
enter into a formal written agreement as a result cif the
acceptance, approval, and nwarding of the bids the City Ptnnnger
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, couditiuns
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 apj~roval of the above
numbered items of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this day of 11990.
BOB CASTLEBERRY, MAYOR
ATTEST:
jENNIFER E , CITY - CR , i t
APPROVED AS TO LEGAL FORi1: ♦~j
DEBRA ADAM1 DRAYOVITCH, CITY ATTORNEY
BY:
PAGE TWO
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DATE$ JUNE 5, 1990
i
CITY COUNCIL REPORT
TOS Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTs BID# 1106 - WATER METERS
RECOMMENDATIONS We recommend this bid be awarded to the lowest
bidder meeting specifications for each item.
1. 5/8" & 3/4" Meter Badger Meter Co. 5 20.75 ea.
2. 3/4" & 3/4" Meter Kent Meter Co. 39.50 ea.
3. 1" Meter Schlumberger-Neptune 64.00 ea.
4. 1 1/2" Meter Badger Meter Co. 144.00 ea.
i 5. 2" Meter Schlumberger-Neptune 219.00 ea.
1 6. 3" Compound Meter Schlumberger-Neptune 1,071.00 ea.
7. 4" Compound Meter Schlumberger-Neptune 1,591.00 ea.
8. 6" Compound Meter Schlumberger-Neptune 3,024.00 ea.
9. 3" Fire Hyd. Meter Badger Meter Co. 421.00 ea.
SUMMARYS This bid is for the annual contract for water meters
for the City of Denton. The estimated yearly expenditure is
$95,500.00. There appears to be a tie bid on Item 3 (1" Meter)
between Neptune and Kent at $64.00 ea. Kent did not bid a price
for replacement register on the 1" Meter. The Neptune bid
becomes lowest and beat. A similar situation exists on Item 9
13" Fire Hydrant Meterl, between Kent and Badger at $421.00
each. The Badger bid includes a higher discount for repair
parts making them the lowest bid for that item. The lower
prices offered by Sensus on Item 6, and Kent on Item 7 and 8 are
for meters that do not meet the specifications for the City of
Denton, We require that both measuring elements, high flow and
be housed in a single case. The meters offered by
~ low flow,
Sensus and Kent do not meet this requirement.
BACKGROUNDS Tabulation Sheet
PROGRAMS DEPARTMENT OR GROUPS AFFECTEDS Water Meter Shop,
Water Ut l ty Department and Ware ouse
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City Council Agenda
Hid# 1106
i June 5, 1990
Page 2 of 2
FISCAL IMPAC'.t These items will be purchased as needed for
warehouse stock from working capital funds, account number
710-003-0582-8708. The meters will then be recharged to the
appropriate account number at the time they are 61arged out of
the warehouse inventory to be placed in service.
Respect ly subm edi
Lloyd . Harrell
City Manager
Prepared by:
Names Tom D. Shaw, C.P.M.
Title: Purchasing Agent
030.DOC
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BID 1 1116 I I 1 I
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BID kME WATER METERS 1 SCHLUMBERSER I KENT 1 SEN305 i FALSER 1 x
1 NEPTUNE 1 METERS ! I METERS 1 f
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OPEN DATE MAY 5, 1991 ! 1 I 1 i
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I I I I i I
ACCOUNT 1 1 I 1 i i 1
1 .................•....1_._........_..-1° I
f 1 i ITY I ITEM QESCAIPTION VENDOR I VENDOR I VENDOR 1 --NOOK
I i I I I
I i SECTION A-XW METERS 1 I 1 I I
1 12511 1 311 1 314 1 $21.341 1 $23,701 1 $20.501 1 124,751 1
21 SO1 3141314 1 $45.0011 $34.5011 150.0311 N!1 I
3 I SI I f' I $64.101 1 $64.001 1 $75.561 1 119.101 1
4 1 61 11 112' 1 $144.101 1 N11 1 $192.311 1 1144.100 I
S 1 75 1 2' 1 $219.141 1 Nil 1 $275.118 1 NIB I
6 1 1 1 3' COMPOUND 1 11,111.11/ I 1996.101 1 $936.141 1 N11 I
E- 7 1 1! 41 1 11,54$.1/1 1 11,251,101 1 $1,501.108 1 NIB I
I~ 1 1 1 1 6' 1 13,124.001 1 12,431.101 1 12,775.001 1 N!1 i
4 1 14 1 3' FIRE HYDRANT 03S.100 1 $421.011 1 1551.1" 1 1421.101 1
I I T I { I I
} } I I I I i
I I SECTION TRADE-IN I I 1 I I
' 1 s I I I I I .+I
11 I 1 511 1 314 1 $4.811 1 14.111 1 13.101 1 $4.001 1
11 I 1 314 1 314 1 15.811 1 $5.1/1 1 $5, IN 1 14.011 1
12 1 1 1 1 $0.011 1 18.111 1 $1.111 1 $411" 1
13 1 3 1 112 1 $11. IN 1 N11 1 112,110 1 114.111 1
14 1 1 2 1 $1811" 1 N11 1 121.001 1 121,111 1
l I I I I I
-.'A 1 I I 1 I I
i ! SECTION C• REPLACEMENT I I I I 1
1 I Af81STER 1 I I 1 I
! I I I I I
IS I I 310 1 314 1 114." 1 112.21 1 115.81 1 $4.01 1
16 I I 314 1 314 I $15.41 I I $15.11 1 14.11 1
17 1 1 1 1 113141 1 1 $15.81 1 $4.00 1
TB 1 11 312 1 113.41 1 1 $15.11 1 0.11 i
14 I 1 2 1 $15.41 1 1 115.10 1 $4,02 I
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21 I I 318 1 314 I 113.81 I II1.SB f sl+.P4 1 $11.01 1
Z1 I 1 314 1 314 i $17,83 ; $28.41 1 128.08 1
22 I sic of I
i t i $34.05 1 $44.31 1 138.11 I $23,00 I
h 23 1 1 1 112 I $73.45 1 $114.41 I $125.80 155.88 f
24 1 1 2 f $112.01 1 $131,08 1 1141,81 1 $55.00 1
i 1
1 1 1 1
i I I
1 1 PANTS DISCOUNT 0.15 1 I 1 I
I DELIVERY 1'35 ' 1 1.35 1
1 I f DENTCN ` DENTON I DENipN i DENTON I
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DATE: JUNE 5, 1990
4
CITY COUNCIL REPORT
4 TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: STD# 1711 - POLICE UNIFORMS
dEs
RECOMMENDATION: We recommend this bid be awarded to the lowest
overall bidder, R & R Uniforms, as listed below.
1. LS Shirt $ 22.11 ea.
2. SS Shirt 21.00 ea.
3. Trousers 21.38 ea.
4. Jackets 65.25 ea.
5. Raincoats 35.69 ea.
1
SUMMARY: This bid is for the anntini contract to supply Police
uniforms for the Ctty of Denton. The estimated expenditure is i
$15,404.00, however, the quantities may vary according to the 1
needs of the City of Denton. The contract will extend through
June 1, 1991 To maintain uniformity and matching colors,
1
styles, and delivery schedules, all uniforms must be purchased
from a single supplier. In this incident, R&R Uniforms was the
lowest bid.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Police Department
FISCAL IMPACT: Funds for the purchase of uniforms will come
from1989-90 and 1990-91 budget funds for uniform purchases,
account numbor 100-070-0042-8108.
Reaps ulll/y submitted:
v
Llo V. Harrell
City Manager
Prepared by:
Namel Tom D. S~Faw, C.P.M.
f Title: Purchasing Agent
030,DOC
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BID # 1111 I I I I ' I
I I I I
if BID NAME POLICE UNIFORM I UNIFORMS I CANNON I R&R I MARTINS
OF TEXAS I UNIFORMS I UNIFORMS I UNIFORMS
I I I I
OPEN DATE MAY 24, 1990 I I I I I
I I I I
ACCOUNT # I I I I s
I I I_ I
I QTY ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I
4 I I I I I f
1150 I LS SHIRT ZIP I $21.600 I $23.670 j $22.110 I $23.350 I
j ( 150 SS SHIRT ZIP I $18.700 I $21.670 I $21.000 I $20.350 I
1300 ( TROUSERS I $24.350 I $23.670 I $21.380 $22.350
I 25 I JACKETS ( $66.500 I $67.870 I $65.250 I $95.000
J 25 J RAINCOATS I $27.350 I $29.470 I $35.690 I $46.000
i 1 I I I I f
TOTAL $150696.250 $16,335.500 I $15,404.000 I $16,785.500 I
DELIVERY I 3-DAYS I 7-DAYS I 14-DAYS I 21-40 DAYS
I I SAMPLES RECEIVED NO I YES I YES I YES
I I I I ~ I ( I,
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2651L-3/3689
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NO. W
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AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IPIPRUVEIIENTS; PROVIDING
FOR THE EXPENDITURE. OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited received and tabulated
competitive bids for the construction of public works or
Improvements in Accordance with the procedures of state law and
City ordinances; and
WHEREASI 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 proposals
and plans and specifications therefore; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON IIEREBY ORDAINS:
SECTION 1. That the following, competitive bids for the
construct ono public works or improvements, as described in the
"Bid Invitations', "Bid Proposals" or plans and specification; on
f file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids:
BID NUIBER CONTRACTOR AIlUUNT
1103
1 1104 }SKINS BROW H 1711 3 5f~2, 9-7 DIL 11
SECTION 11. Thnt the acceptance and approval of the above
comps ve -blTs shall not constitute a contract: betwec+n the Vity
and the person suWtting the bid for construction of such public
works or improvements herein Accepted and approved, until such
person shall comply with all requireme ntn spec flied in the Notice
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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.
SECTION III. That the City Manager is hereby authorized to
execute a necessary written contracts for the performance of
the construction of the public works or improvements in nccurdmnce
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Not ce to Bidders and
Bid Proposals, and documents relating theroto apecifunn[itiee
terms, conditions, plans and specifications, standarddso q
and specified autos contained therein.
above
SECTION IV. That upon acceptance and approval of theb e
compeE ve s and the execution of contracts for the lu
works and improvements as authorized lierein, the City Council
hereby authorizes the expenditure of funds in the manner and in
the amount as specified in such approved bids and autlorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become ellective
imme a e y upon its passage and approval.
PASSEL) AND APPROVED this the day of 1990.
BOB CASTLEDERRY, MAYOR
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ATTEST:
7ENNIFE WATTEWo_rr1T_MR MIRY
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APPROVED AS TO LEGAL, rOR11:
DEBRA ADAIII DRAYOVITCN, CITY ATTORNEY
I ,
BY.
PAGE 2
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DATEt JUNE 5, 1990
CITY COUNCIL REPORT
% TOt Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
SUBJECTt BID## 1103 - WESTVIEW TRAIL PAVING PROJECT
RECOMMENDATIONt We recommend this bid be awarded to the lowest
der, Floyd- Glenn Smith in the amount of $81,541.00, with
completion in 25-days.
SUMMARYt This bid is for improvements to the concrete paving on
WestvTe-w Trail. The project consists of 4,500 square yards of
8" concrete pavement along with curb and gutter, driveway
approaches, and manholes.
BACKGROUNDt Tabulation Sheet
PROGRAMS DEPARTMENT OR GROUPS AFFECTEDt Street construction
capital improvements, traffic control, and citizens around
Westview Trail.
FISCAL IMPACTt Funds for this project will come from two
accounts. Approximately 1/2 from Street Maintenance funds, f
account 0100-020-0031-f303, $40083.23 and 1/2 from account
#149-020-003-9105, $41,157.77, Public Works Special Revenue.
4Respecfully submittedt
nager
Pr pared byt
Names Tom D. Shaw, C,P,M,
Titles Purchasing Agent
it
030.DOC
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I I I I I i 1
I i I I 1 I I
BID NAME WESTVIEN TRAIL PAYING i FLOYD GLENN I WALT NILLIAMS I HARROD I LARRY I DIUERSON I SUNMOUNT i
I SMITH I CONSTRUCTION I PAVING i MANNIWG i CONSTRUCTION I
I I 1 I I i
OPEN rTE MAY 15, 1991, 2:16 P.M. I I I I I I I
I I I I I I
l I I i I I I
ACCOUNT I I I I I I i I t
1
i............... I•--•-----•---..i.......•-----_.i ...............i........ ..___..i...............
1 1 ITY I ITEM DESCRIPTION 1 VENDOR I VENDOR I VENDOR I VENDOR I VENOOR I YENDOR I
..'.....I...•---• ...................i...............i..............................i.....-•---•-•-•I•°-•--°•---..i...............i
S I 1 i I I i i
I 1 I I I I l I I ,
I I LOT I WESTVIEW TRAIL 1 461,541.111 1 I111,S80.2al 1 $85,161.615 i $89,B61.661 I ISi8,995.111 1 1991692.611 1
I I I i I i I 1
I I T I l i I I I
i I I YES I YES I YES I YES I YES I YES I
I i 1 I 1 i I I I t
I 1 I I I 1 I I I 4
I I I I I I t I
I F I I I 1
I I I I I I 1 T i
I I I I I I i 1 I
1 I { I I I I I I
I 1 I I I I l I I
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I I I S I I i I
1 I t I I I I 1 !
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DATEt JUNE 5, 1990
CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 1104 - 1989 UTILITIES CIP 6" WATER LINES AND
B" SEWER LINES
RECOMMENDATIONt We recommend this bid be awarded to the lowest
responsi 1-e bidder Atkins Brothers, in the amount of $442,195.00
for the water lines, and $120,802.00 for the sewer lines. Total
bid award $562,997.00 with completion in 125 days.
SUMMARY: This bid is for the installation of 6" water lines on
Brit-Ol Court, Wilsonwood Street, Brightwood Street, Longfellow
Street, Skylark Street, Sun Valley Street, Valley View Street,
4
Sunnydale Street, Oriole Street, Bob-O-Link Street, and
Hummingbird Street. The bid also includes 8" sewer lines on
Austin Street, Foxcroft Street, Avenue "C", and Stella Street,
These projects were approved as portions of the 1989 Capital
Improvements Program for the Water/Wastewater Utility.
BACKGROUNDS Tabulation Sheet
PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Water/Wastewater
Ut 1 ty, CIP Program
FISCAL IMPACT: Funds for these projects will come from 1989
Cap-1caImprovement Program, account number
623-081-RB89-8905-9114 and 624-082-0471-V906-9114
RespectE y submitted:
Lloy , Harrell
City Manager
v
Pr ared bye
Names om D. Shaw, C.P.M. i
Titles Purchasing Agent
030.DOC
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BID NAME BRISTOL, WILSONWOOU, ( JAGOE PUBLIC I ATKINS BROS. I DICKERSON J
WATER LINE SANITARY SEWER[ I J CONSTRUCTION [
f OPEN DATE MAY 5, 1990 i [ ( J
I
ACCOUNT # 1
# I QTY i ITEM DESCRIPTION i VENDOR [ VENDOR [ VENDOR
I I f
1 I I BASE WATER i $515,465.000 I $442,195.000 J $582,555.000
2 i ` BASE SS4ER i $156,664.000 $120,802.000 $188,420.000
f I TOTAL I I I [
J $672,129.000 J $562,997.000 J $770,975.000 I
I
[ DAYS 125 J 125 J 125
. i BOND f YES I YES i YES I I
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MEMO 90-025
70 Mr. R. Svehla, Deputy City Manager
Mr. T. Klink, Director of Civil Service
FROM: J. L. Cook, Jr., Fire Chief
:
DATE: 31 May, 1990
R8: CLASSMCATICN ORDINANCE
According to Chapter 143.021 fa> of the Municipal Civil Service Lau, the City E
Council is required to establish by ordinance the classifications of fire j
department personnel. Attached, please find a copy of an ordinance prepared by
Legal which amends our current ordinance by eliminating one (1) authorized
i Battalion Chief's position.
The position to be eliminated is that of E 1O Coordinator. This action is being
taken in pursuit of our on-going reorganization plan. Your consideration and j
that of the City Council's in this matter is appreciated.
Attachment:
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ORDINANCE NO.
AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE FIRE DE-
PARTMENT OF THE CITY OF DENTON, TEXAS: PROVIDING FOR THE NUMBER
OF PERSONS AUTHORIZED FOR EACH CLASSIFIED POSITION; REPEALING ALL
ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH? AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton Firemen's and Policemen's Civil
Service Commission has recommended that the classifications con-
tained herein be established for the Fire Department of the City
of Denton; and
WHEREAS, Section 143.042, local Government Code, requires the
City Council to establish such classified positions by ordinance
to include the number of persons authorized for each classified
position; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following positions in the Fire Department of
the City o Denton are hereby established:
FIRE CHIEF
ASSISTANT CHIEF
1 BATTALION CHIEF
CAPTAIN
DRIVER
FIRE FIGHTER
MAINTENANCE/LOGISTICS OFFICER
and all positions shall be classified positions except the Fire
Chief and one Division Commander who shall be appointed by the
Fire Chief and serve at his pleasure when a vacancy occurs in
that position.
SECTION II. The City Council of the City of Denton shall,
each year in the ordinance adopting the Budget for the City of
Denton, provide for the number of persons to be employed in each
position. Until otherwise determined by the City Council, there
shall be the following number employed in each positions
1 FIRE CHIEF
1 ASSISTANT CHIEF
3 BATTALION CHIEFS
18 CAPTAINS
32 DRIVERS
31 FIRE FIGHTERS
1 MAINTENANCE/LOGISTICS OFFICER
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SECTION III. This ordinance shall be effective immediately
upon its passage and approval.
PASSED AND APPROVED this the day of
r 1990.
BOB CASTLEBERRY, MAYOR j
ATTEST:
JENNIFER HALTERS/ CITY SECRETARY
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BY: . I
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH/ CITY ATTORNEY
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Df8W 90-026 (Revised,
3
R. ivehla, Depute City `tanager
Mr. T. ,(link, Director of Civil Service
i FRCIM: J.L. Cook, Jr., Fire Chief
DATE: June, 1990
_ I
RE: ASSI(NMWr PAY ORUIMAWE
t
Section 143.042 of the 'kmicipel Civii Service Lac: authorizes the City council
to establish assignment pay positionss for the performance of specialized
functions. Please find attached a cop)_ of an ordinance prepared by Legal that
i would authorize the establishment of nine 191 assignment pay positions: throe
each as Shift Training Officers, Data Entry Clerks, and Arson Task-Forte
members.
As you know, this is a
' part of our on-going rerganizational efforts, The
Personnel Department has assisted us in the
also ask that your earliest attention be elveenpato auth rizin plan, be would
for our officers as recommended by Personnel in order to a pay increase
the newly assigned Co-lateral duties. The funds for this psiinoreasee iAll
1 come from the salary savings for the D5 Coordinator's position which has b*en
eliminated in our reorganization plan. Thank you for your .xnsideration in
this matter.
At tachme,t, c : I
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEES WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF DATA ENTRY
CLERK, SHIFT TRAINING OFFICER, AND WHO ARE ALL ASSIGNED TO PERFORM
THE DUTIES NECESSARY TO MAINTAIN THE ARSON TASK FORCE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 143.042 of the Local Government Code
authorizes a municipality to pay assignment pay which is in an
amount and is payable under conditions set by ordinance; and
WHEREAS, the City Manager and Fire Chief having recommended
that the fire department employee in the classification driver who
is assigned to perform the duties of data entry clerk should j
receive assignment pay of Fifty ($50) Dollars per months and 1
WHEREAS, the City Manager and Fire Chief having recommended
that the fire department employees in the classification captain
f 9 who are assigned to perform the duties of shift training officer
shall receive Fifty ($50) Dollars per month;
WHEREAS, the City Manager and Fire chief having recommended
that the fire department employees classified captain and driver '
` who are assigned to perform the duties necessary to maintain an
Arson Task Force shall receive assignment pay of one Hundred ($100) j
Dollars per month in addition to their regular salaries; NOW,
THEREFORE,
i,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
` SECTION I. That the fire department employee classified
I driver who is assigned to perform the duties of data entry clerk
officer shall receive assignment pay of Fifty ($50) Dollars per
month in addition to the regular monthly salary of driver.
SECTION Ii. That the fire department employee classified
captain who is assigned to perform the duties of shift officer
shall receive assignment pay of Fifty ($50) Dollars per month in
addition to the regular monthly salary of driver.
SECTION IiI. That the fire department employees classified
captain or driver who are assigned to perform the duties necessary
to maintain an Arson Task Force shall receive assignment pay of one
Hundred ($100) Dollars per month in addition to the regular monthly
salaries.
s SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
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PASSED AND APPROVED this the gay of 2990.
BOB CASTLEBERRY, MAYOR
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
~ BY:
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FDCLASSI.ORD
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DATE: 06/05/90
TI Y COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJ: Approval of an ordinance amending the City's 1981
"Fair Housing" Ordinance.
RECOMMEh AT
Staff recommends approval.
C The Building Code Board has also approved Chanter 12 of
a the 1988 Uniform Building Code which includes the new
accessibility standards. The accessibility stanaards
} will be incorporated into the City's Code of Ordinances
at Chapter 5.
eACKGRGUNO:
On September 13, 1988 new federal "Fair Housing"
legislation was passed. Under the new legislation,
protection against housing discrimination was extended
to families and handicapped individuals. The law became
effective March 13, 1989.
} The legislation also mandated new handicapped
accessibility standards for multi-family dwellings.
The new standards apply to all multi-family buildings
with four or more units constructed for first occupancy
after March 13, 1991. Compliance with the appropriate `
requirements of the American National Standard for
buildings and facilities providing accessibility
and usability for physically handicapped people
(ANSI A117.1) satisfies this requirement. These
standards ensure access to housing for handicapped
citizens.
Failure to pass the amending ordinance may bar the City
from receiving federal funds. Citizens who feel that
the City's failure to enforce the federal legislation
has infringed upon their right to fair housing may file
claims against the City. The Department of Housing and
Urban Development also has the ability to file complaints
against the City without citizen complaint if it is
determined the City's codes are not in compliance.
SUMMARY: This Ordinance amends Chapter 9 1/2 of the City of Denton
Code of Ordinances. The attached documentation includes
both the amending ordinance and Chapter 9 1\2 as it would
appear if amended. Additions as per the amendment are
underlined.
Ole-
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j After March 1991, the ground floor of buildings without
elevators and all floors of buildings with elevators
z would be required to meet the accessibility standards
described in the ordinance (page 4 of amended Chapter 9
k 1\2). Examples of accessibility requirements are as
follows:
1) accessible common 6 public use areas;
i
2) doors designed sufficiently wide to allow
I passage by handicapped persons in wheelchairs;
3) all premises within such dwellings contain the
following features of adsptive design:
a) accessible route into 6 through the
dwelling;
C
b) switches, outlets and environmental
controls in accessible locations;
c) reinforcements in baths for installation ;
of grab bars
i
d) usable kitchens and baths such that
an individual in a wheelchair can i
maneuver.
t ~ a
PROGRAMSL DEPAR HENS Oij GROUPS AFFECTED: 1
The Community Development Office currently administers 1
the City's Fair Housing Program.
The Building Inspection Division will monitor compliance
with the ordinance by developers and contractors.
FISCAL IMPACT:
N/A
Respe tfully submitted:
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! anager
Prepared by:
i c ~.'CIL/' Z
Barbara Rose
Community Development Coordinator
Approved:
F ank Robbins AICP
Executive Director for Planning 6 Development
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Chapter 9 1/2
FAIR HOUSING
Sec. 9 1/2-1. Short title.
This chapter may be cited as the Denton Fair Housing
Ordinance. (Ord. No. 81-33, Pt. I, 3-24-81)
I` Sec. 9 1/2-2. Declaration of policy.
I` It is the policy of the City of Denton, Texas, to provide
within constitutional limitations, for fair housing
throughout the City of Denton by ensuring the opportunity
for every person to obtain housing without regard to race,
color, sex, handicap, familial status, religion, or national
origin. (Ord. ot~. f~3, Pt. I, - -S1)
Sec. 9 1/2-3. Definitions.
As used in this chapter unless the context requires a
different definition:
Administrator mearis the individual serving as the fair
housing administrator and includes the assistants, agents, or
employees designated by the administrator.
Discriminatory housing practice means an act that is
unlawful under section 9 1/2-4 of this chapter.
F
Dwelling means any building, structure, or portion thereof
r which is occupied as, or designed or intended for occupancy as,
a residence by one or more families, and any vacant land which
is offered for sale or lease for the construction or location
thereon of any such building, structure, or portion thereof.
Family includes a single individual.
Person includes one or more individuals, corporations,
partnerships, associationsr labor organizations, legal
representatives, mutual companies, joint-stock companies,
trusts, unincorporated organizations, trustees, trustees in
bankruptcy, receivers, fiduciaries, and any other organization
or entity of whatever character.
To rent includes to lease, to sublease, to let and
otherwise to grant for a consideration the right to occupy
premises not owned by the occupant. (Ord. No. 81-33, Pt. 11
y 3-24-81) l'
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Fair Housing
Page 2
Familial status means one or more individuals (who have not
attained t the age of 18 ears being domiciled w :
1. a anent or another person having legal custody of such
nd v dual or Individuals; or
17
2. the designee of such anent or other erson having such I
Gcustody# With the written perm es on o suc anent or 1
other person.
The rotections afforded against discrimination on the basis of
EamiI al status steal apply to any_person_who _ is pre ng ant or is
~FFie process of securing ega Gus o y o any n v duTwio
has not attained the age of 18 years.
Handicap means, with respect to a person:
I
1. a physical or mental impairment which substantial)
,,m us one or morel such person's ma or e
activities,
I
2. a record of having such an impairment, or
3. being regarded as having such an impairment, '
but such term does not include current illegal useof__o_r_
a r _on
a c on to a controlled substance as a ne n -
of t Controlled Substances Act 21 U.S.C.
1 1
Sec. 9 1/2-4, Discriminatory housing practices. '
Except as exempted by section 9 1/2-7 of this chapter, it
shall be unlawful for any person:
(a) To refuse to sell or rent after the making of a
bonafide offer, or to refuse to negotiate for the sale or
rental of, or otherwise make unavailable or deny, a dwelling
to any person because of race, color, religion, sex,
familial status, or national origin.
Ib) To discriminate against any person in the terms,
I conditions, or privileges of sale or rental of a dwelling or
in the provision of services or facilities in connection
therewith, because of race, color, religion, sex, familial
status, or national origin.
1471o
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Fair Housing
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(c) To make, print, or publish, or cause to be made,
I printed, or published any notice, statement, or
advertisement, with respect to the sale or rental of a
dwelling that indicates any preference, limitation, or
discrimination based on race, color, religions Sex,
handicap, familial status, or national origin or -in
Mention to make an such
discrimination. any Preference, limitation or
(d) To represent to any any person because of race, color,
sea religion, sex, handicap, familial status, or national origin
{ that any dwelling is not available for inspection, sale, or
rental when such dwelling is in fact so available.
(e) For
profit, to induce or attempt to induce any person
to sell or rent any dwelling by representatives regarding
the entry or prospective entry into the neighborhood of a
person or persons of a
sex, handicaps, familial status# oar nationaloorigin eli(Ord. 1
No. 8 - , P , - - 11111
(f) (1) To discriminate in the sale or rental or to
of erw se make unavailable or env a dwell nv to any
buyer or renter because of a handicaa oil
(w) That buyer or rent,2r;
(B) A erson residin in or intendin to reside
n that wel n a ter t is so sold.
rented, or
ma a ava abler or.
(C) Any person associated with that buyer or
renter ~
(2) To discriminate againstt an erson in the terms
con ons, or r v a ea o sale or yenta o a
wa n oc n t e rov a on o spry cps or ac 3TEi`es
n connec on w t suc !
an-- map ° ; we n s ecause o a
(A) That aersonl or
(e) A person residin in or intendin to ceaide 1
n t at well ng after t a so ao , rente , or
maeava a ejor
(C) Any person associated with that ecaon.
(3) For them
em__purposes of this subsection
~ 8 c n_inacion in`eg,
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Fair Housing
Page 4
(A) A refusal to permit, at the expense of the
an ca a erson, reasonab a mod,
f cat ons o
` ex st n rem ses occu ed or to be occupied b
such person it such modifications may be necessary
totoai£oid such erson Eull em to ment of the
prem sea exce t that, n the case of a rental, the
an or may where it is reasonable to do so
condition permission or a modifi cat on on tie
renter a reein to restore the interior of the
remises o e condition tat existed a ore the
mo cat On, reasonable wear an tear excepte 1
't (B) A refusal to make reasonable accommodations
in rules, po c es, pract ces,_ or _serv rest when
such accommodation may be necessar to afford such
person equal opportunity to use an enjoy a
_we ng~ or ~
(C) In connection with the design and
construction of covered multi-family dwellings for
first occupancy after the date that is thirty
months after the date of enactment of the Fair
Hous ng Amendments Act of 1988 (enacted September
3, 19881, a failure to design and construct those J
we n s in such a manner that: 11
-%1 a public use an common use ortions of
If suc well n s are readily access e o an
usable by an cappe persons:
(ii) All the doors designed to allow sass e
into an within all remises w th n suc
dwellings are sufficiently Wide to allow passage
y han cappe persons in wheelcha ral an
(iii) All remises within such dwellin s i
contain the following features of adapted design:
1
(I) An accessible route into and through
the dwelling;
' (II) light switches electrical outlets
thermostats and other environmental
j
contra a n access Ible oca onsl
(III) reinforcements in bathroom walls to
allow ater nets at ono grab barsi
(IV) usable kitchens and bathrooms such
that an indiv dual in a wheelc a r can
maneuver about a space.
1
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(4) Compliance with the appropriate requirements of the
American National Standard for buildings and facil t ea
y providing accessibility an usability for s ca
handicapped people commonly cited as ANSI A117.1
suffices to satisfy the requirements of paragraph
C .
p (5) As used in this subsection the term'covered
multifamily dwellings' means:
(A) buildings consisting of 4 or more units if such
buildings have one or more elevators; and
(B) ground floor units in other buildings
consisting of 4 or more units.
(6) Nothing in this subsection re wires that a dwelling
e ma a ava a e to an u v ua w ose tenanc wow
constitute a direct threat to the ealth or safety o
other n ividuals or whose tenanc would result in
substantial physical damage to the property o of ers.
Sec, 9 1/2-5. Discrimination in financing of housing.
(a) It shall be unlawful for any erson or other entit
whose business ncludes~en?ag_n5 !VI ST ent a rea
es a e-re a e ransac onl - -Eo discriminate against
person in making available such a transaction, or in the
terms or conk ons o such a ransac oEn;~ecause of race$
co or, re g on, sex an cap, am a s a us, or na ona
origin.
(b) As used in this section the term 'residential real
estate-related transact on means any of the following:
(1) The makin or purchasing of loans or providing
other financial ass stance:
(A) for purchasing, constructing, improving,
reps c ng, or maintaining a dwelling; or
(B) secured by residential real estate.
(2) The selling1 brokering, or appraising of
residential real property.
(c) Nothing in this cha ter rohibiLe a erson eA a ed in
Me Bus e o urn 85 I ng appra sa a o rea estate to Re
ni- ot-consideration actors other than [ace color religion
national or g n, sex, an cap, or ami a status.
14710
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Fair Housing
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Sec. 9 1/2-6. Discrimination in provision of brokerage
} services.
4
E It shall bl unlawful for any person to deny access to or
membership or participation in any multiple-listing service,
real estate brokers' organization or other service,
organization, or facility relating to the business of selling or
renting dwellings, or to discriminate against him in the terms
or conditions of such access, membership, or in participation,
on account of race, color, religion, sex, handica familial 12
status, or national origin. (Ord. No. 81-331 P , - -
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Sec. 9 1/2-7. Exemptions and exclusions.
(a) Nothing in section 9 1/2-4 of this chapter (other than
subsection (c)) shall apply to:
L (1) Any single family house sold or rented by an owner
provided:
a, That such private individual owner does not own
more than three (3) such single family houses at
any one time;
s
b. That in the case of the sale of any such single t
family house by a private individual owner not
residing in such house at the time of such sale
or who was not the most recent resident of such
house prior to such sale, the exemption granted
by this subsection shall apply only with respect
to one such sale within any twenty-four-month
periadl
c, That such bona fide private individual owner does
not own any interest in, nor is there owned or
reserved on his behalf, under any express or
voluntary agreement, title to any right to all or
a portion of the proceedings from the sale or
rental of, more than three (3) such single family
houses at any one time; ;
d. 'he naie or rental of any such single family
nouse shall be excepted from the application of
II this section only if such house is sold or rented:
1 1, without the use in any manner of the sales or N.
rental facilities or the sales or rental
services of any real estate broker, agent, or
salesman, or of such facilities or services
1471o
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Fair Housing
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f
of any person in the business of selling or
renting dwellings, or of any employee or
agent of any such broker, agent, salesman, or
persons and
4 2. Without the publication, posting or mailing,
after notice, of any advertisement or written
notice in violation of section 27-4(c) of
this chapters but nothing in this provision
shall prohibit the use of attorneys, escrow
agents, abstractors, title companies, and
other such professional assistance as
necessary to perfect or transfer the title.
E (2) Rooms or units in dwellings containing living
quarters occupied or intended to be occupied by no
more than four (4) families living independently of
each other, if the owner actually maintains and
occupies one of such living quarters as his residence. i
(3) Rental of a singl,: room in a dwelling containing i
living quarters occupied by no more than one family f
if the person offering such room for rental actually
maintains and occupies the remainder of such dwelling
as his residence and not more than four (4) such
rooms are offered.
r (b) For the purposes of subsection (a) of this section, a
person shall be deemed to be in the business of selling or
renting dwellings if
(1) The person has, within the preceding twelve (12) j
months
participated as principal in three (3) or
more transactions involving the sale or rental of any
dwelling or any interest therein!
(2) The person has, within the preceding twelve (12)
months, participated as agent, other than in the sale
of his own personal residence, in providing sales or
rental facilities or sales or rental services in two
` (2) or more transactions involving the sale or rental
I of any dwelling or any interest therein: or
(3) The person is the owner of any dwelling designed or
intended for occupancy by five (5) or more families.
(c) Nothing in this chapter shall prohibit a religious
organization, association, or society, or any nonprofit
institution or organization operated, supervised or controlled
by or in conjunction with a religious organization, association,
1471o
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Fair Housing
Page 8
or society, from limiting the sale, rental or occupancy of
dwellings which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion
is restricted on account of race, color or national origin,
(d) Nothing in this chapter shall prohibit a private club
not in fact open to the public, which as an incident to its
primary purpose or purposes provides lodging which it owns or
operates for other than a commercial purpose, from limiting the
I rental or occupancy of such lodgings to its members or from j
giving preference to its members.
F i
f (e) Nothing in this chapter shall prohibit any person
from owning and operating a dwelling in which a room or rooms
are leased, subleased or rented only to persons of the same sex,
when such dwelling contains one common lavatory and kitchen
facility available for the use of all persons occupying such
dwelling. (Ord. No. 81-33, Pt. I, 3-24-81)
i
(f) Nothin in this chapter limits the a licabilit of an
other or Hance or ate o Federal aw res r c n e i
maximum Hum e[ 0 OCCU ante erm tte to occupy a we 1 n ,
Ro oes an provisions n s c a er regarding ramili
a !
status apply with res ect to housing for older persons. As
use n this sect on, -housing means
Housing- -
(1) I
provided under an State or Federal ro ram that the
Secretary of Hous ng and Urban Develo ment determines~s
9 ricall ea ne and o grate to assist elderly
`ersons as a ne n the state or Fe era pCOQrafi -10 r
(2) intended for, and solely occupied by, persons 62 i
years o age or olden or
I (3) intended and operated for occupancy by at least one
person 55 years o age or o er per unit,
I ~
(gl_ Nothing_ in this chapter prohibits conduct against a
derr;on because Mr h erson has een conv cte an court
! oT_ com etent iction of the ills al manufacture or
dish u on o su stance as a ne n sect on
102 0 a Controlled substances Act-T21 U.S.C. 0,
Sec. 9 1/2-8, Administration.
(a) The authority and responsibility for administering
this chapter shall be the individual appointed as the fair
1471o
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Fair Housing
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housing administrator by the city manager of the City of Denton,
Texas.
a
(b) The administrator may delegate any of his functions,
duties, and powers to employees of the City of Denton under his
direction, including functions, duties and powers with respect
to investigating, conciliating, hearing, determining, ordering,
i certifying, reporting, or otherwise acting as to any work,
I business, or matter under this chapter. (Ord. No. 81-33, Pt. I,
1 3-24-81)
Sec. 9 1/2-9. Enforcement.
E (a) Any person who claims to have been injured by a
discriminatory housing practice or who believes that he will be
irrevocably injured by a discriminatory housing practice that is
about to occur (hereinafter "person aggrieved') may file a
complaint with the administrator. Complaints shall be in
writing and shall contain such information and be in such form
as the administrator requires. Upon receipt of such complaint
the administrator shall furnish a copy of same to the person or
persons who allegedly committed or are about to commit the
I alleged discriminatory housing practice. A copy of all written
complaints received by the administrator shall be forwarded to
the Fair Housing and Equal Opportunity Division of the Region VI
office of the Department of Housing and Urban Development.
Within thirty (30) days after receiving a complaint, the
administrator shall investigate the complaint and give notice in
writing to the person aggrieved whether he intends to resolve j
it. if the administrator decides to resolve the complaint, he
shall proceed to try to eliminate or correct the alleged
discriminatory housing practice by informal methods of
conference, conciliation, and persuasion. Nothing said or done
in the course of such informal endeavors may be made public or
L used as evidence in a subsequent proceedings under this chapter
without the written consent of the persons concerned.
f (b) A complaint under subsection (a) of this section ~j
shall be filed within thirty (30) days after the alleged i
discriminatory housing practice occurred. Complaints shall be
in writing and shall state the facts upon which the allegations
of a discriminatory housing practice are based. complaints may
be reasonably and fairly amended at any time A respondent may
file a written answer to the complaint against him within ten
(10) days of receipt of notification, and may amend his answer
at any time. Both complaints, answers, and amendments shall be
verified.
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Fair Housing
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(c) If within sixty (60) days after a complaint is filed
with the administrator, the administrator has been Anable to
obtain voluntary compliAnce with this chapter, and if the
administrator reasonably believes that a discriminatory housing
practice or practices have occurred, the administrator shall
s refer such violation or violations to the city attorney for
prosecution. If the city attorney determines to prosecute, he
shall commence proceedings in the matter in the municipal court
and carry forward ouch proceedings with reasonable promptness.
(d) The municipal court in which a proceeding is
instituted under this chapter shall assign the case for hearing
at the earliest practicable date and cause the case to be in
every way expedited.
(e) The administrator shall receive and accept
notification and referral complaints froo the U. S. Attorney
General and the Secretary of Housing and Urban Development
pursuant to the provisions of Title VIII, Fair Housing Act of
1968, Public Law 90-284, as amended (42 U.S.C. Sec. 3610), and
shall treat such complaints in the same manner as other
complaints filed pursuant to this section.
(f) whenever the administrator has reasonable cause to
believe -.hat any person or group of persons is engaged in a
pattern or practice of resistance to the full enjoyment of any
of the rights granted by this chapter, or that any group of
persons has been denied any of the rights granted by this
chapter, he may prepare and file a complaint setting forth the
facts in his own stame and such complaint shall be treated in the
same manner as a complaint filed by a person aggrieved.
(Ord. No. 81-33, Pt. It 3-24-81)
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Sec. 9 1/2-10. Cumulative legal effect.
This chapter is cumulative in its legal effect and is not in
lieu of any and all other legal remedies which the person
aggrieved may pursue. (Ord. No. 81-33, Pt. it 3-24-81) j
Sec, 9 1/2-11. interference, coercion, or intimidation.
It shall be unlawful to coerce, intimidate, threaten, or
j interfere with any person in the exercise or enjoyment of, or on 1
account of his having exercised or enjoyed, or on account of his
having aided or encouraged any other person in the exercise or
enjoyment of, any right granted or protected by sections 9 1/2-4
through 9 1/2-7 of this chapter. (Ord. No. 81-33, Pt. I,
3-24-81) w "
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Sec. 9 1/2-12. Cooperation with federal and state agencies.
The administrator and city attorney are authorized to
cooperate with federal and state agencies charged with the
administration of fair housing laws. (Ord. No. 81-33, Pt. it
3-24-81)
Sec. 9 1/2-13. Education and public information.
In order to further the intent and objectives of this
chapter, the administrator may conduct educational and public
information programs. (Ord. No. 81-33, Pt. I, 3-24-81)
SECTION VII. That an erson violatin an
this or Hance s a rovieion of F
u on cony ct on be ne -as um no 1 1
excee n ac ay t o a srov s on o t s or nance 11
Es v o aced sha lconst Lute a se arate and distinct rf£enee.
SECTION VIII. That this ordinance shall become effective to
be pu s ed tw ce n the Denton Record-Chronicle the official
newspaper o the q ty of Denton, Texa3, w th n ten 10 dava o !
the date o is aassaae - d
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 9 1/2
("FAIR HOUSING") OF THE CODE OF ORDINANCES BY PROVIDING THAT
DISCRIMINATORY HOUSING PRACTICES BASED ON HANDICAP OR FAMILIAL
STATUS, AS DEFINED HEREIN, ARE UNLAWFULT PROVIDING FOR A MAXIMUM
FINE OF $500.00 FOR VIOLATIONS THEREOF? AND PROVIDING FOR AN
EFFECTIVE DATE.
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section 9 1/2-2 of the Code of Ordinances is
amended to read as follows:
Geo. f 1/2-2. Declaration of policy.
• i
It is the policy of the City of Denton, Texac, to provide t
within constitutional limitations, for fair housing throughout
the City of Denton by ensuring the opportunity for every i
person to obtain housing without regard to race, color, sex,
handicap, familial status, religion, or national origin.
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SECTION II. That Section. 9 1/2-3 ("Definitions") of the Code E
of ordinances is amended by adding the following definitions: ~I
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familial status means one or more individuals (who have not
attained the age of 18 years) being domiciled with:
1. a parent or another person having legal custody of
such individual or individuals; or
2. the designee of such parent or other person having
such custody, with the written permission of such
f parent or other person. I
f The protections afforded against discrimination on the basis li
of familial status shall apply to any person who is pregnant J
or is in the process of securing legal custody of any 1
individual who has not attained the age of 18 years.
Handicap means, with respect to a persons
1. a physical or mental impairment which substantially
limits one or more of such person's major life
activities,
2. a record of having such an impairment, or 1
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(B) ground floor units in other buildings
consisting of 4 or more units.
(6) Nothing in this subsection requires that a dwelling
be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of
other individuals or whose tenancy would result in
substantial physical damage to the property of others.
SECTION iV. That Section 1 1/2-5 of the Code of Ordinances is
amended to read as follows:
R
I see. 9 1/2-s. Discrimination in fiLancing of housing.
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(a) It shall be unlawful for any person or other entity whose
business includes engaging in residential real estate-related
transactions to discriminate against any person in making
available such a transaction, or in the terms or conditions of
such a transaction, because of race, color, religion, sex,
handicap, familial status, or national origin.
E (b) As used in this section, the term "residential real
estate-related transaction" means any of the following:
(1) The making or purchasing of loans or
providing othe
financial r
assistance:
(A) for purchasing, constructing, improving,
repairing, or maintaining a dwelling? or
(B) secured by residential real estate.
(2) The selling, brokering, or appraising of residential
real property.
(c) Nothing in this chapter prohibits a person engaged in the
business of furnishing appraisals of real property to take
into consideration factors other than race, color, religion,
national origin, sex, handicap, or familial status,
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SECT2oN V, That Section 9 2/2-6 of the Code of Ordinances is
amended to read as follows:
sec. t 1/2-6, Discrimination in provisict. of brokerage
services.
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It shall be unlawful to deny any person access to or
membership or participation in any multiple-listing service, real
estate brokers' organization or other services, organization, or
facility relating to the business of selling or renting dwellings,
or to discriminate against him in the terms or conditions of such
access, membership, or participation, on account of race, color,
religion, sex, handicap, familial status, or national origin.
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SECTION VI. That Section 9 1/2-7 of the code of Ordinances
("Exemptions and Exclusions") is amended by adding new paragraphs 04
(f) and (g) to read as follows:
Sees f 1/2-7. Exemptions and Exclusions
(f) Nothing in this chapter limits the applicability of any
other ordinance or State or Federal law restricting the
maximum number of occupants permitted to occupy a dwelling.
Nor does any provisions in this chapter regarding familial
status apply with respect to housing for older persons. As
used in this section, "housing for older persons" means
housingt
(1) provided under any state or Federal program that the
Secretary of Housing and Urban Development determines is
specifically designed and operated to assist elderly
persons (as defined in the State or Federal program)t or
(2) intended for, and solely occupied by, persons 62
years of age or olderi or
(3) intended and operated for occupancy by at least one
person 55 years of age or older per units
(g) Nothing in this chapter prohibits conduct against a
f
person because such person has been convicted by any court of
competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in section
102 of the controlled Substances Act (21 U.S.C. 902),
SECTION VII. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute s separate and distinct offense.
SECTION VIII. That this ordinance shall become effective
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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 , 1990.
BOB CASTLEBERRY, MAYOR !Pf
i ATTEST: i
JENNIFER WALTERS, CITY SECRETARY
i BYs
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APPROVED AS TO LEGAL FOP.M:
DEB?.A ADAMI DRAYOVITCH, CITY ATTORNEY
' BY: `V ' !1
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CITY of oamrom, TEXAS 215 E. dloKINNEY / DENTON, TEXAS 78201 I TELEPHONE (917) bah-8200
MEMORANDUM
DATE: May 31, 1990
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TO: Lloyd V. Harrell, City Manager Li
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: LONE STAR GAS FRANCHISE AGREEMENT
°i
The current franchise agreement with Lone Star Gas is in effect
until the year 2002. However, the agreement can be amended by
mutual consent between the City and the Lone Star Gas Company. As
part of the 1989-90 budget, an increase in the gas franchise tax
from two (2t) percent to three (3t) percent was proposed. It Is
anticipated that the one (It) percent will generate an annual
increase of approximately $50,000. As you may recall this amount
will help to recoup the $15,000 lost by the University of North
t Texas utilizing state gas rather than Lone Star Gas. We have met
on several occasions with representatives fruw Lone Star Gas and
have worked out an agreement whereby the tax would increase from two
(21) percent to three (3t) percent of gross receipts. I should note
that the parties were not able to reach an agreement on quarterly
payments; therefore, the annual payment schedule as called for in
the original agreement will remain.
In addition, I have enclosed a copy of the North Centra) Texas
Council of Governments 1990 Municipal Fee Survey regarding franchise
taxes/fees. As you Lan see from the chart, a number of cities ill
the metroplex are at four (41) percent, a few at three (31) percent
and some still at two (21) percent. Denton, raising their fee on
I gross receipts from two (2t) to three (31) percent, will still be
r lower than a number of cities in the area. I would also like to
point out that Denton does not charge industrial clients the
franchise tax.
If you need any additional information, or have any further
questions
, please advise.
I
JF14cG:af
Enclosure
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON# TEXAS, AMENDING SECTION II OF
THE FRANCHISE GRANTED TO LANE STAR GAS COMPANY BY ORDINANCE NO. B2-
PROVIDE THE USE OF THE PUBLICFSTREETS$ PAND DECLARINGTAN
56 COMPAN FOR
EFFECTIVE DATE.
y THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
As of the effective date of this amenda tore
?
ordinance, and upon acceptance by Lone Star Gas Company
substitute
provisions hereof, section II of the shall aforesaid captioned
a tax, ordinance fee, or enacted on charge of July 20e three percent (3t) instead of two percent
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~ (2}), as now provided in said section. The other provisions of
Section II shall remain unchanged.
The terms and provisions of this amendatory
j ACTION i~• and if the validity of
o be to be any snce shall deemed clause Seor r phrase of this amendatory
any section, seen ntence,
ordinance should be declared o hebesectioninvalidtsentencethe clause nor
affect the validity of any
phrase of this amendatory ordinance.
phrase
GF,~rN III. Except as heretofore and hereinabove changed and
crdinanc~ sh llti remain and in ~full e for of and
amended, the terms, e
aforesaid franchise
effect.
SFr•mN IV, This amendatory ordinance ahnTlo all effendinective
such
thirty (30) days after its final passage and app published one each
time the full text of this ordinance shall be p
week for three consecutive of the City of Dontonto Record-Chronicle,
the official newspaper
Only gas sold by the Company after the effective date of this
Ordinance shall b6 taxed at three percent (3%). The payment made
for gas sales prior to the effective date of this ordinance shall
remain at two percent (21).
of the
Lone Star Gas company shall file its written acceptance of nance with this amendment to the francfiDentoniwithin thirty e( o30; ice days after
of
city Secretary of the City
said period shall be oL no force and
its
rot accepted within ordinance
effecteffective
a
PASSED AND APPROVED on first reading this the day of
1990.
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PASSED AND APPROVED on second reading this the day of
_0 1990.
PASSED AND APPROVED on third reading this the day of
1990.
BOD CASTLEBERRY, MAYOR
iATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYS - j
APPROVED AS TO LEGAL FORMS
DEBRA A. DRJ►YOVITCHt CITY ATTORNEY
l
BY: w✓~
f.
ACCEPTED:
LANE STAR GAS COMPANY] GRANTEE
BY:
TITLE:.
ATTEST:
t.
lonestar.2
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CIt COUNCIL REPO1tT FOkMAT
Council
Mayor and Members of the City
T0.
Harrell, City Manager
Lloyd Y.
FROM:
SUBJECT: Speed Zoning of Bonnie Brae from Scripture
to Highway 77
RECOMMENDATION:
Approval
j S U MMARII :
77, Traffic Safety
This request is fore StreetitonHighways eed tonin of Bonn e an hanle Brae from Scrip h from Scripture to pPan
erty lines oft the
Commission approved 30 mp ro arty to the 3S mph fr
omiseshaandle nd 40tmphtthe restno£tthe wsy to Highway 77.
r an
BACKGROUND*
UUN"D
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1 The street used to be toned 20 mph from Scripture to Panhandle
ay. It used to be four
street and 30 mph the rest of the w
lanes from Scripture to Panhandle and two lanes from there to
Highway 77. It has been widened to four lanes undivided up to
Road.
Riney
PROGRAMS DHPl1RTMENTS OR GROUPS AFFECTED:
ng and Traffic Division, City of Denton Police
Engineeri
Department
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FISCAL IMPACT:
New si ns will replace some of the existing signs which
None .
will be reuse elsewhere.
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a CTSSC MEMO
January 291 1990
page 4
ITEM 49 SPEED ZONING or BONNIE BRAE FROM SCRIPTURE TO HWY 77t
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The paving and drainage improvement project on Bonnie Brae street
from Scripture to Riney Road is now complete. This section of
Bonnie Bras is now s four-lane undivided roadway. The existing
speed limit is 30 miles per hour.
,
,
Two specific areas need to be addressed in this request. The first
is the section of Bonnie Brae bounding McKenna Park on the west side
and lies between Old Bonnie Brae and Panhandle Streets. In
i anticipation of the widening of Bonnie Brae and coupled with its
function as a major arterial, this section of Bonnie Bras has been
} upgraded to 30 miles per hol:r speed limit instead of 20 mph as per.
City Code of Ordinances. fee attached minutes of may 2, 1988
meeting. This request mock to adopt the 30 mph speed limit for
i this section as approved.
j The second area is the section of Bonnie Brae around the Windsor
intersection that bounds North Lake Park on the west. A 20 mph
speed limit in compliance with the City Code of Ordinances will
adversely impact traffic on this section and ultimately result In
aberrant responses from the motoring public. Staff is requesting
that this section be also coned 30 mph. Accident.history haa'been
researched for this area and no accident has been recorded for the
area. The members of staff of the Parks and Recreation Departm*nt
are in full support of this requ.nt an& they may thors is hardly any
recreational activity taking place in that area of the park.
A radar speed survey has boon conducted by staff on Bonnie Brae from
Panhandle to Highway 77. The 65 percentile speeds are as followas
46 mph between Panhandle and Uri 380
47 mph between U8 360 and Windsor Drive, ands
47 mph bet wen Windsor and Highway 77. _
Staff is proposing myximua speed limits on Bonnie Bra*.&* Eollowet
BEGINNING from Scripture street to its intetsectiofr attif-,
Panhandle street for a distance of 1,000 teat, 30 mphi
THENCE continuing northward to a point 700 teat south of U8 d
380 for a distance of 2,304 feat, 40 mph,
THENCE continuing northward to a point 644 feet north of. US -
380 for a distance of 10420 feet, 30 mphi
THENCE continuing northward to a point 600 feat 'south of '
Windsor Drive for a distance of 2,500 feat, 40 uphl
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CTSSC MEMO
January 291 1990
page 5
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TH6VCS continuing northward to a point 300 feet north of
Winc'aor Drive for a distance of 900 feet, 30 mph, ands
THEN IC continuing northward to its intersection with Hwy 77
for a distance of 5,441 fasts 40 mph.
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The total distance is 2.55 miles and the speed limits are for
both directions of travel.
Staff recommends approval.
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CTSSC MINUTES
February 51 1990
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:TEN 19 SPEED ZONING OF BONNIE BRAE FROM SCRIPTURE TO HWY 771
Paul Iwuchukwu presented the request. He said the paving and
drainage improvement project on Bonnie Brae street from Scripture to
Riney Road is Complete. This Section of Bonnie Brie is now a
four-lane undividl,d roadway. The existing speed limit is 30 miles
per hour.
The first area of Bonnie Brae at McKenna Pack on the west side lies
between old Bonnie Brae and Panhandle 8tcestss In anticipation of
the widening of Bonnie Scam and coupled with Its function as a major
arterial, this section of Bonnie Dram was upgraded to 30 miles per
hour speed limit Instead of 20 mph as per City Code of Ordinances.
The second area is the section of Bonnie Brae around the Windsor
intersection that bounds North Lake Park on the west. A 20 mph
speed limit in compliance with the City Code of Ordinances will
adversely impact traffic on this section and ultimately result in
aberrant responses from the motoring public. Staff is requesting
that this section be also toned 30 mph. Accident history has been
researched for this area and no accident has been recorded for the
k area. The members of staff of the harks and Recreation Department
are in full Support of this request and they say there is hardly any
recreational activity taking place in that area of the park.
A radar speed survey has been conducted by staff on Bonnie Bras from
Panhandle to Highway 77. The 85 parceatile speeds ace as followst
46 mph between Panhandle and US 3,10
47 mph between US 380 and Windsor Drive, ands
47 mph between Windsor and Highway 77.
Staff proposed maximum speed limits on Bonnie Bcae as follows
BEGINNING from scripture street to %to Intersection with
Panhandle street for a distance of 1,000 feet, 30 mphl
THSNCS continuing northward to a point 700 feet south of US
380 for a distance of 2x304 fast, 40 mphs
THENCE continuing northward to a point 644 feet north of US
380 for a distance of 1,420 feet, 3) mphl
THEM continuing northward to a point 600 feet south of
Windsor Drive for s distance of 2,300 feet, 40 mphs
s
THENCE continuing northward to a point 300 [eat north of
Windsor Drive for a distance of 900 feet, 30 mph, ands
} THENCE continuing northward to its intersection with Buy 77
I for a distance of 50441 fasts 40 mph.
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February 5, 1990
page 7
The total distance is 2.55 miles and the speed limits are for
both directions of travel.
Erwin said he believed there would be too much variation in
speed making it difficult to enforce.
Dotson agreed. He said it would be much easier to enforce if
y there was one speed.
Smith said one slows down upon approaching an intersection and
30 mph would be appropriate at these locations.
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Amador said he travels this section every morning at an average
speed of 35 mph.
Erwin said 35 mph would be much easier to enforce.
iwuchukwu said if the speed is posted leES than 40 mph it would
inconvenience the general public, based on prevailing speed as
measured by radar. The 85th percentile spud is 47 mph. Some
people are driving 60 mph. Reducing It further would be an
unwarranted deviation from the habit of the normal and prudent ;
driver.
Erwin asked if the 30 mph zone would also be placing a hardship
on the drivers. Iwuchukwu said this zone would be for a very
short distance approximately 670 feet. There would not be many
speeders in that short distance.
Based on engineering guidelines, posted speed limit should be
within plus or minus 7 mph of the measured 85th percentile
speed. The commission may recommend otherwise subject to
approval by the City Council. s
STAFF RECOMMENDED: Approval of proposed maximum speed limits
COMMISSIONERS: Doug Chadwick made a motion to post a 30 mph speed limit from
Scripture to Panhandle, 35 mph speed limit form panbandle to the north
property line of the K-Mart property, and 40 mph from the north property Tina
of the K-MSrt property to Highway 77. John Erwin seconded the motion. Motion
passed unanimously.
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EXHIBIT 1 - SPEED LIMITS ON BOW E BRAS
a
The maximum speed limits on Bonnie Brae Street, as approved by
the Citizen's Traffic Safety Support Commission are as follows&
Beginning from Scripture Street, to its
intersection with Panhandle Street for a
distance of 11000 feet, 30 mph;
` Thence continuing northward to a point 644 feet
i north of U.S. Highway 380 for a distance of
3,724 feet, 35 mph, andf I
Thence cHighway continuing northward to it's intersection
E
mph,
The total distance is approximately 2.5 miles and the speed
limits are for both directions of travel.
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ORDINANCE N0.
I AN ORDINANCE ALTERING SPEED ZONES ON BONNIE BRAE STREET FROM
SCRIPTURE STREET TO U.S. HIGHWAY 77 FOR A DISTANCE OF 2.
PROVIDING
CLAU EI AND DE CLAR ING AN4
(5200.00) 1FOPROVIDINGTYA OFSEVERABIA FINE YX S
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS3
cvrrrnN I. That based upon an Hnginesring and traffic
investigation heretofore made co authorized by the provisionst
Tax. Rev. C iv. Stat, Annsp art. 6701d 1169 limits are herby determined andr declared to be
following of
prima facie the maximum reasonable and safe speeds for north and
South bound traffic on Bonnie Bras Street from Scripture Street to fixed for
U.S. Highway 77, and such speed o! yBonnie Bray
vehicles travelling upon he
Street, and parts thereotl
(a) Beginning from Scripture Street, to its inter- "
cton with Panhandle street for a distance of
10000 ee
(b) Thence continuing northward to a point 644 toot
distance of
for a
andt
north 74 leatj 35 miHighway les per 380
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(c) withcv S todistancits intersection
of 8,041
feet, 40 miles per hour.
A&CUet[ ii. That any person violating any of the provisions *us not
of this ordinance s dollar p ($200.00) ot and each day and eve ry day
exceeding Two pKwAr*d rovisions of i v
that the provisions This penalty in inadditionn to and ccumul~ ie
osepar separate offense,
t, any other remedies as may be available at law and equity.
atcrina III. T`nat if any section, subsaction► paregrapphp i
lioation ;
sentence, clause, phr,%oo, or word in this ordinance, or app
thereof to any rson or circumstance is held invalid by any court
of uompetent 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
invat would have
enacted such remaining portions despite eTay
sxgUS W jU That this ordinance shall become effective
tourteon (14) days from the date of its passW a end the city
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t; secretary is hereby directed to cause the caption of this ordinance
1 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
BOB CASTLfE-MY, MAYOR
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ATT.INSTs
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LW AL FORMS
DEBRA A. DRAYOV'1TCH, CITY ATTORNEY E
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f CITY ofDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7620; / TELEPHONE (817) 566.8200
MEMORANDUM
f DATE: May 31► 1990
TO: Rick Svehla, Deputy City Manager
FROM: Paul Iwuchukwu, Staff Liaison, Citizens' Traffic
Safety Support Commission
SUBJECT: Speed zoning of Bonnie Brae, from Scripture Street to
Highway 77
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During the April 30th meeting# the Citizens' Traffic Safety
Support Commission (CTSSC) upheld its earlier recommendation
on the speed zoning of Bonnie Brae from Scripture Street to j
Highway 77. As directed by the City Council, notices were
sent to every residence on Bonnie Brae. Mrs. Norma Gamble who
citizen who came for the
resides on Bonnie Erse was the only
¢ hearing.
Mrs. Gamble urged the Commission to recommend a maximum speed
limit of 30 mph on Bonnie Brae or to table hearing on the
matter till Fall 1990 e:+ that more traffic history on Bonnie
Brae will be available. The Commission voted and upheld its
i earlier recommendation which was., 30 mph from Scripture to
Panhandlel 35 mph from Panhandle to K-Mart's north property
liner and, 40 mph from thence to Hwy 77. The minutes of that J
meeting is attached. 1
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Please advise if you need additional information.
Paul Iwuchukwu
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CTSSC MINUTES
April 30, 1970
page 2
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ITEM 93 SPEED CONING OP 80NNIE BRAE STREET FROM SCRIPTURE STREET TO
dwY77i
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Paul Iwuchukwu presented the request, He said this item was
' k approved by the commission in the Pebruar 5
r 1990 meeting.
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The commission approved speed zoning as follows:
BEGINNING from Scripture Street, to its intersection with
M { Panhandle Street for a distance of 10000 ft, 30 mphi
THENCE continuing northward to a point 644 feet north of
i U.S. Highway 300 for a distance of 31724 feet, 35 mph, ends
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THENCE continuing northward to its intersection with
!1 Highway 77 for a distance of 6,841 feet, 40 mph,
During the City Council meeting on April 17, 1990 the ordinance
for the speed limits was on the agenda. The Council directed
that the Citizen's Traffic Safoty Support Commission review the
f request and that all residents be notified on Bonnie Brae.
I This is why this request is being brought back to the
commission. Staff has made every effort to notify all the
residents by going door to door and by making telephone calls.
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Norma Gamble came forward to address the commission. She said
Ihetspshe eedazoneanother
changeresident
until thedCitnot y Councilreceived
meeti notificat
17, 1990.
Mae Gamble said there are p•,';t
son*. (1) There is a rise in tux road waththehepeod ~o~~d ch~ngs
from 35 mph to 40 mph near the North Lakes Dam. (2) At Riney
Road, the road narrows into 2 lanes. (3) There is a curve on
Bonnie Brae just before you reach Highway 77 that cannot be
made at 40 mph. She tried. (4) On the east side of Bonnie brat
is a park aresr which is constantly used. People bike on the
street going to and from the park. (5) There is a sidewalk used
' by residents in the local developments which house
approximately 200 homes. When the service road on 135 was made
one way to the north, these people toms down Payne Drive and
use Bonnie Brae. The traffic is very heavy.
Mae Gamble asked that the commission table the zoning and
monitor the street through the summer months. There would then
be a track record. If the speed needs to be increased, do it
' in the fall after all residents have been notified.
Iwuchukwu said a detailed speed analysis had been conducted.
Staff notified residents on Thursdayr April 26r 1990 before the
meeting and Mae Gamble was called on Friday to make sure she
received the distributed Information. No said when a speed
zone is studied all you have to go by is the speed of the
normal and prudent driver. The speed studies were conducted
between 9:00 a.me - 11:00 a,me and in the afternoon between
1100
p.n. - 3:00 pan. These are of!-peak times when people
normally tend to overspeede
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(.TSSC MINUTES
April 30, 1990
Page 3
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f Chadwick asked that an advance warning sign be plead before
the curve on North Bonnie Brae at Highway 77. Iwuchukwu said
all necessary signage should be in place on Bonnie Brae when
the speed zoning is completed.
Smith asked what the first speed zone proposal was for this
area. Iwuchukwu said the original proposal called for 30 mph t
Ar' near the park area at the intersection of Windsor and Bonnie
Brae.
r Iwuchukwu said the average speed is 47 mph going north bound.
y Gore said the commission felt that if traffic was up to 40 mph
they would not slow down but stay on that speed until they
t reached Highway 77. Gore said the commission felt that a
little increase in speed would be better to control rather than
fluctuate back and forth.
k
Gore said she drives in ft, worth extensively, forty miles an
hour is not a high speed. North Main is 40 mph. There are
businesses all over the place. They do have turning lanes.
forty miles an hour is a normal urban speed in moving traffic,
on a 4-Lane roadway, Iwuchukwu agreed.
Smith made a motion that the speed north of 380 on Bonnie Brae
be changed to 35 mph. Motion died for lack of a second, j
I Guess asked that some bicycle crossing signs or advance warning
[ signs be placed at Windsor and Payne warning of a major
thoroughfare.
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Chadwick said as soon as the fire station was built on the i
northwest corner, there will be some signs and possibly a j
light. Iwuchukwu said a light would have to most warrants.
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Smith said that she felt the speed could be changed back to 35
4 mph at least at the intersection of Windsor and Payne,
Iwuchukwu said if the speed was wall below the 85th percentile
limit, he did not know how it could be enforced. If a ticket
was challenged, the ticket could be left in limbo.
STAff RICOMMENOEDt Approval of speed lone as stated above and approved on
fabruary 5, 1990 by CTSSC.
I COMMISSIONERS& Chadwick made a motion to accept staff recommendation.
Amador seconded the motion. Motion passed with Guess,
Gore, Chadwick, Amador, and Gohlke voting in favor. Smith
j voted no.
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I June 1990
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CITY COUNCIL
AGENDA ITEM
T0: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
RE: CONSIDER ORDINANCE AUTHORIZING THE CITY MANAGER TO It
EXECUTE A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF
DENTON AND ALAN PLUMMER AND ASSOCIATES FOR CONSULTING
SERVICES.
JJi RECOMMENDATION:
1 The Public Utilities Board, at their meeting of May 23, 1990,
recommended to the City Council approval of an amendment to
the contract with 11an Plummer and Associates, Inc. for
additional engineering services in the amount of $91300 for
the development of a sludge management plan.
SUMMARY/BACKGROUND:
Denton is in the process of renewing the Texas Water
Commission (TWC) wastewater discharge permit. Requirements }
for nitrification, dechlorination, biomonitoring, sludge
disposal, etc. are proposed by the TWC. Also, the TWC is in
the process of adopting new regulations which will change the
method by which planto are rated.
During the permitting process, Denton has the opportunity to the proposed requirements, to support tg
technical and operational data and to present gotiate~within
certain limits, a reasonable time frame to design and
construct facilities needed to comply with the new
requirements.
Llan Plummer was initially hired to assist staff in i
developing and researching alternatives to the proposed 12MGO
ermit renewal draft. The initial contract, in the amount of
9,800, was approved on February 27, 1990. This work was i
c.)mpleted and the resulting permit issues and concerns were
presented to the TWC on March 26, 1990. As a result of this
work, TWC was able to make several adjustments in schedules,
etc. to the Denton draft permit.
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SUMMARY/BACKGROUND:
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$ After reviewing the plant expansion schedule identified in
the wastewater master plan, the decision was made to
terminate the 12MGD permit renewal process and instead at
this time initiate a new permit application to accommodate
the anticipated plant expansion to 15MGD. Due to the TWC
short (30 day) deadline to develops necessary information,
Alan Plummer was hired to assist with the preparation of this
new original G Alan eCPlummer pcontract ~ was nameApril 17, 1990t nded and approved the
include an additional $60100.
z Plummer and Associates and City Staff met with TWC on May 7,
1990, to submit the new 15MGD permit application. The TWC
reviewing engineer informed staff at that time that a sludge
q management plan must be submitted as part of the new permit
application. This was a change in TWC policy from the
F proposed 12MGD draft permit, wherein a sludge management plan
was to be submitted 180 days after permit reissuance. This
change in time frame necessitates contract assistance with
the preparation of a sludge management plan. This plan must
be submitted in 60 days to accommodate the permit review
process.
FISCAL SUMMARY:
Negotiated schedule and resulting permit requirements affects
the CIP and sewer rates.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: I
Denton Municipal Utilities, Citizens of Denton, Alan Plummer
and Associates, Inc, Legal Department.
Re PdV
L1 Harrell
r City Manager
Prayed by:
~rr c ~
Howar Markin, D rector
0
Environmental p rations and
Financial Administration
Nelson, Execut~e-
Director of Utilities
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Exhibit I: Permit Process History
I II: Ordinance
III: Supplemental Agreement €
IV: Minutes of PUB Meeting of May 23, 1990
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PERMIT PROCESS HISTORY
4
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E The Texas Water Commission (TWC) wastewater discharge permit for
the Denton plant expired in July of 1988. Prior to permit
expiration, the staff submitted a permit renewal request which
i included a permit amendment for an 85 acre tract of land for 00 sludge disposal and a Texas Woman's University
(TWU) effluent
irrigation project. After approximately two months of
negotiation with TWU, the irrigation project was eliminated from
the permit amendment because the City could not get a firm
commitment from TWU for wastewater effluent reuse.
Prior to and during this permit renewal period, TWC and the
Environmental Protection Agency (EPA) developed a number of
regulations that changed the permit criteria for effluent
quality, toxicity control and sludge disposal. As a result of
these regulations, a number of additional information requests
i were required to adequately satisfy regulatory criteria. In
addition to the changes in the regulatory requirements, the TWC
experienced staff turnover in the position reviewing the Denton
permit and developed a new permit amendment form in November 1989
that added further delays to the renewal prr:e.s, i
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By February, 1990, all additional information requests had been
satisfied by staff and it mid-March, a draft permit was issued by
the TWC. The TWC gave tt,e staff 30 days to review the permit and
comment back to the Comm.'ssion.
Anticipating final permit requirements based on informal
discussions with the TWC, the City staff contracted with Alan
Plummer and Associates to evaluate possible alternatives to the
proposed permit requirements.
The City Staff and Plummer and Associates developed a list of
permit issues and concerns to present to the TWC. On March 260
_ City Staff and Plummer and Associates addressed these issues and
concerns to the TWC staff. The TWC staff was receptive to our
concerns and made some adjustments to the draft permit.
In late Mardi/early April, the wastewater master plan confirmed
what the staff forecast had projected$ that a plant expansion
from 12MGD to 1SMGD would be necessary by late 1993/early 1994.
If the 12MGD permit in process was renewed by TWC at this point
in time, an additional permit admendment would be required prior
to the 15MGD expansion. Staff decided to terminate the 12MOD
permit review process at the TWC so that the permit application
could be altered to include a 15MGD flow rate, thus eliminating
process was to the 5 the
the need new permiftr aThe permit amendment
5/4/90.
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Once the permit process was terminated# Denton had 30 days in
which to submit a new permit application. Alan Plummer was
utilized to assist staff in meeting this short time frame. The
new 15MGD permit application was sub*aitted by Plummer and staff
on 5/7/90 in Austin. In the meeting with TWC staff the reviewing
engineer informed staff that a sludge management plan would be
required-as part of the l5MGD permit application submission. The
reason for this requirement was that the original permit renewal
should have required that provision because of the regulatory
changes that occurred during the review process. The 160 day
requirement after permit reissuance was to give us some time to
comply. All new permit applications after that time required I
sludge management plans as part of the application. I
The reviewing engineer said it would be about 30 days before he
started his review of the new permit application fnd would
probably require the sludge management plan about 60 days after
the information request letter was sent.
Because of the short time frame, the Utility Staff does not have #
the necessary resources to complete a sludge management plan in
h 60 days. i 11
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Alan Phan nttles
SHE Associates, Inc.
ENVIRONMENTAL/CIVIL ENGINEERS
90-049/2
May 10, 1990
I
- 4 Mr, Howard Martin
Director Environmental Operations
Financial Administration
Denton Municipal Utilities
City of Denton
215 East McKinney
Denton, Texas 76201
Re: Pecan Creek Wastewater Treatment Plant
Sludge Management Plan
Discharge Permit
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Dear Mr. Martin:
We are pleased to present this proposal to develop a Sludge Management Plan for the
Pecan Creek Wastewater Treatment Plant to meet the requirements of the wastewater
I discharge permit. We propose to incorporate the data previously developed by the City on
projected sludge production for a 15-MOD plant capacity (a 15-MOD maximum month
average day plant capacity will correspond to art approximately 13-MOD average annual
flow), the capacity of existing sludge handling facilities, and the land currently available
for slAge disposal. We will assume all area In the flood plain that is no closer than
200 feet from the normal banks of any body of water, 50 feet from a property line, or
300 feet from an occupied residence will be available for land injection at the permitted
rate of 10 dry tons per acre per yetr. We will also assume that all waste activated sludge
is codisposed in the City's municipal landfill.
In making our projections of sludge production, we will utilize projections of average
annual flows and average annual BOD loadings. The sludge management plan will only
address sludge disposal for up to a 15•MGD wastewater treatment plant and NAH not
address long-term sludge disposal needs. The level of detail will be similar to the leve? of
detail outlined in the permit amendment application for liquid treatment facilities. It is
expected that during the design of facilities to increase the plant's flow capacity to
15-MGD, the actual facilities required for sludge disposal will be determined in detail.
Based on this limited scope of work required to meet the discharge permit requirements,
we anticipate that approximately 120 hours of professional time will be required. We
propose to develop a sludge management plan and submittal to the Texas Water
Commission on a cost multiplier basis in accordance with Attachment A with a maximum
fee not to exceed $9,300. We anticipate completing this work and submitting a review
copy of the Sludge Management Plan within 60 days of your authorization to proceed.
841 W. MkhO Arhnglm loxm VA11'I MR, 6 19171 4h1 1491 ! i
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Mr. Howard Martin
Page 2
May 10, 1990
If you have any questions or if you need any further information on this matter, pleaso let
me know. We appreciate the opportunity to submit this proposal for your consideration.
Sincerely,
j ALAN PLUMMER AND ASSOCIATES, INC.
A. Lee Head III, P.E.
Y
ohn Hr Cook, P.B.
ALHrIHC:vw
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EXCERPT
PUBLIC UTILITIES BOARD MINUTES
f May 23, 1990
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10. CONSIDER CONTRACT WITH ALAN PLUMMER ON SLUDGE
r MANAGEMENT PLAN.
Martin reviewed this item with the board covering
the activities that have occurred to date in
Dentona process of renewing the Texas Water
Commission Wastewater Discharge Permit. He advised
that the initial contract approved on February 27,
19900 in the amount of $9,800, is completer however,
due to additional requirements of the Texas Water i
Commission, i.e, Denton must submit a sludge
management plan to TWC within 60 days after permit
reissuance, another agreement with Plummer is
required. development of i this contract sludge management $9,300 for the
de
After general discussion, Frady made a motion to
approve the contract in a not-to-exceed amount of
$9,300 to Alan Plummer. Second by Chew. All ayes,
no nays, motion carried.
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2909L
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ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTONe TEXAS AND ALAN
THEM EXPENDI URE ASSOCIATES, FUNDS CTHEREFOR1 SANDINDECLARINGS AN UEFFECTIVE
E DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to ex-
ecute a second supplemental agreement between the City of Denton
I and Alan Plummer and Associates, Inc. for consulting services in
! an eftort to secure renewal of City's wastewater discharge permit
from the Texas Water Commission.
SECTION II. That the City Council hereby authorizes the ex-
pendTture-o-Munds in the manner and amount as specified in the
agreement, not to exceed $9,300.
SECTION 111. That this ordinance shall become effective im-
mediate y upon its passage and approval.
PASSED AND APPROVED this the de of
y , 1990, 1
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BOB CAS LEBERR i AYOR
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ATTEST:
JENNIFER WALTERSr CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCHe CITY ATTORNEY s
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E 2909L
SECOND SUPPLEMENTAL CONTRACT FOR CONSULTING
SERVICES BETWEEN THE CITY OF DENTON, TEXAS
AND ALAN PLUMMER AND ASSOCIATES# INC.
The City of Denton, Texas, a Municipal Home Rule City situated in
Denton County, Texas, hereinafter called 'City', acting herein by
and through its City Manager, together with Alan Plummer and
Associates, Inc„ a corporation hereinafter called 'Consultant",
4 hereby mutually agree as follows:
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GOALS AND OBJECTIVES
City and Consultant have previously entered into agreements for
consulting services in an effort to secure renewal of City's
wastewater discharge permit from the Texas Water Commission
"TWC'. City desired to renew this permit under terms which
minimize cost to City. The parties intended to achieve this and
by Consultant's performance of services, including ideation,
analysis, cost optimization and technical support. Through 1
performance of these services, the parties expected to negotiate
and obtain
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expenditucea of s funds r toil retrofiteCCity'ws i wastewater treatment
facilities.
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During Consultant's performance of the initial agreement, it was ~
decided that City should amend its application for a wastewater
discharge permit to increase permitted flow from 12 MGD to 15 MGD.
City entered into a prior supplemental contract with Consultant to
achieve the same goals of the initial contract at the higher
discharge flow rate.
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This second supplemental contract is for Consultant's performance
of additional services. These servicas are designed to accommo-
date TWC's requirement that City develop a Sludge Management Plan
as a prerequisite to obtaining of a wastewater dischatge permit.
Consultant proposes to develop this Sludge Management Plan through
performance of the services outlined in Exhibit A. City desires
agreements,
discharge permit Consultant's ncontemplated byethis eand all obtain
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II.
i CONSULTANT'S SERVICES
Consultant shall render supplemental services necessary for the
development of the Project as outlined herein. The scope of sup- !
plemental work which Consultant agrees to perform is set forth
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below and in Exhibit A, attached hereto and incorporated by
reference herein.
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SCOPE OF SERVICES:
1. Consultant shall furnish an overview of City's current.
existing sludge management practices.
}
2. Consultant shall identify sludge treatment and disposal
alternatives to satisfy TVQ permit requirements.
3. Consultant shall identify short term sludge treatment and
disposal needs.
4. Consultant shall correlate short term treatment and disposal
needs with long term master plan alternatives.
5. Consultant shall furnish 5 copies of the final report within
60 days of City Council approval.
c
Consultant shall exercise the same degree of care, skill and
diligence in the performance of these supplemental services as is
j ordinarily provided by a professional consultant under similar
circumstances and Consultant shall, at no cost to Owner,
'reperform' services which fail to satisfy the foregoing standard
j of performance.
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III. ~
TERM OF AGREEMENT
Consultant shall commence rendering supplemental services immedi-
ately upon execution of this agreement. Scheduling of meetings
JJ will be accomplished during the course of the services. This sup-
plemental agreement will continue to be in effect until all terms
II!! have been satisfied.
IV.
COMPENSATION TO BE PAID CONSULTANT
City agrees to pay Consultant for the services performed hereunder
as follows:
A, Amount of payment for servicesi
Consultant will charge the City based on actual profes-
sional time spent and expenses incurred, In no event will
the total supplemental costs exceed $x#300 for Consultant's
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fees and expenses unless Consultant is requested to perform
tasks outside the scope presented in the proposal. If
additional assistance is requested from the Consultant,
another contract shall be executed by and between the City
tt and Consultant. Payment will be based upon the rates set
forth in Exhibit B.
x. 8. Dates of Payment:
f City will pay Consultant within thirty (30) days of
com- pletion of services provided for herein and receipt of
invoice from Consultant.
SUPERVISION AND CONTROL BY CITY
It is mutually understood and agreed by and between City and Con-
sultant that Consultant is an independent contractor and shall not
be deemed to be or considered an employee of the City of Denton,
Texas for the purposes of incom$ tax, withholding, social security
taxes, vacation or sick leave benefits, worker's compensation, or
any other City employee benefit. City shall not have supervision
and control of Consultant or any employee of Consultant, and it is
expressly understood that Consultant shall perform the services
hereunder according to the attached proposal at the general direc-
tion of the City Manager of the City of Denton or his designee
under this agreement.
Vi.
I SOURCE OF FUNDS
All payments to Consultant under this agreement are to be paid by
the City from funds appropriated by the City Council for such pur-
poses in the Budget of the City of Denton. .
Vii,
INSURANCE
Consultant shall provide at its own cost and expense worker's
compensation insurance, liability insurance, and all other in-
surance necessary to protect Consultant in the operation of
Consultant's business.
Ville
INDEMNIFICATION
Consultant shall and does hereby agree to indemnify and hold harm-
less the City of Denton from any and all damages, lose or liability
PAGE 3
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third
b of injury to pr i by the errors
proximately cause by the error,
Of any kind whatsoever, Y reason -
persons to the extent dic~ctly and roxi
rsona for it is legally liable,
her eansultant, its officereand g consultant
omission or negligent act 0 whom
ployeesr inviteesr and performance of this agreement,
in the course of the Per defend and protect the City Of
rill, at its cost dll Pauchrclaime and demands.
Denton against. any and a
IX.
CHOICE OF LAW AND VENUE
law of the State of Texas, and
verned by
This agreement shall be 91
e for its construction and enforcement shall lie in the courts
vane Texas.
of Denton County,
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CANCELLATION
cel this
fourteen (141 days written
city and Consultant nacthesother t Party fourteen
t acreementis cancelled
I at any time by 9ivi 9 to cancel.
compensate Consultant. for
a rees to the
y notice of its ion, the City 9
before completion, prior to notice of cancel-
~ ! services provided and expenses incurred P
lation. k
SEVERABILITY CLAUSE
olauser phrase or
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If any section, subsecti aragraph, sentence, any arson or
on, p licaiion thereof to
etent juriadic-
word in this agreement, or app any court of comp
of the remaining ,
circumstance is helshallanot affect the a validity Of declare they
tionr such holding and the p arch in-
portions of this agreement, ortirne despite any
would have enacted such remaining P
validity. ,
EXECUTED this the day of 1990,
CITY OF DENTONr TEXAS
BY. ARM TT I R
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ATTEST:
a JENNIFER s4ALTERSi CITY SECRETARY
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t BY
j APPROVED AS TO LEGAL FORM* ATTORNEY
i DEBRA ADAMI~DR_AYOVITCB, CITY ~ BY
INC.
0 ALAN PLUMMER AND ASSOCIATES*
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BY
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DATES
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F Exhibit "B"
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l ALAN PLUMMER AND ASSOCIATES9 INC.
s
! HOURLY FEE SCHEDULE
1990
NE~►>
Range of
Category Salary Cost/Hour
Principal $30.00.32.00
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Project Manager 27.00.30.00
Senior Engineer 25.00.29.00
Project Engineer 20.00-25.00
Engineer 15.00.19.00
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Staff Engineer 12.00.16.00
..r Designer 15.00.19.00
Drafter/Technician 12.00.15.00
Word Processing 10.00.13.00
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Billable rates are based on salary costs tides a multiplier
of 2,3.
s A multiplier of 1,0 will be applied to all expenses,
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Inhouse computer is billed at $35 per hour.
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CITY
COUNCIL
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DATE: 6/05/90
CITY Clgtit~nit REPQRT FORMAT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJ: Approval of a resolution authorizing the City Manager
i to sign and submit to the Department of Housing and
Urban Development a 1990 Final Statement of Objectives
p and Projected Use of Funds.
t gECO REND QN:
Community Development Block Grant (CDBr,) Committee
recommends approval of the Final Statement as
presented.
On May 2ist the Parks and Recreation Advisory Board
! recommended adoption of the Martin Luther King
After School Program as it was originally developed.
The MLK Program will provide as many as 34 subsidies
for tow income children to participate in an after
school program. Two (2) instructor positions will
be funded.
E In the event that any recommended programs/projects
II are not approved by Council, the CDBG Committee re-
commends that Council allocate those funds to the
Housing Rehabilitation Program.
BACKGROUND:
On May ist,Curtis Ramsey, CDBG Chairperson, presented d
the Committee's recommendations regarding the use of
$553,134 in 1990 funding. Recommendations by the
committee were developed after a series of public
hearings and committee funding hearings. Public
hearings were held on two separate occasions to gain
insight and ideas from citizens on funding priorities.
Funding hearings allowed specific organizations and !
Individuals seeking funding to appear before the I
Committee and present a proposal.
SUMMARY: Each of the projects/programs listed in the Final
statement have unanimous approval by CDBG. Again,
the MLK After School Program also has gained approval
from the Parks and Rf~:reation Advisory Board at their May
21st meeting.
PROGRA_M5, DEPARTMENI,~QH aRQUPB AFFEQJF.Q_L
Community Development staff will administer all funds
and monitor all programs/projects.
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. . . ~ : ::..",r a w+'~acti..p,RrM1~Aiw S~~~G.YRY~M
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FISCAL IMPACT
Funds will be allocated to pay a portion of the salaries
5 of the Executive Director of Planning, a Building
Inspector and other personnel based on their actual time
s spent on Community Development projects. These funds
will accrue as revenue to
the
general fund.
Respectfully submitted:
Lloyd V. Harrell
City Manager
Prepared by:
J
Sarbara Rosa
Community Development Coordinator
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Appro ad:
rank Robb ns ATCP
Executivo Director for Planning 6 Development
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RESOLUTION NO.
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A RESOLUTION-BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF
FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED
BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED;
{t, AND PROVIDING FOR AN EFFECTIVE DATE.
t
WHEREAS, the City of Denton, Texas, is concerned with the
development of viable urban communities, including decent hous-
ing, a suitable living environment and expanded economic oppor-
tunities; and
WHEREAS, the City of Denton, Texas, has a special concern for
persons of low and moderate income; and
WHEREAS, the City of Denton, Texas, as an entitlement City,
has prepared, through a citizen participation process, a program
for utilizing its seventh year entitlement funds in the approxi-
mate emount of $553,134; and
{
WHEREAS, the public hearing will have been held in accordance
with the law; and
WHEREAS, the Act requires an application and appropriate
certification; NOW, THEREFORE,
Be IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the City Council of the City of Denton,
Texas#s# autEorizes the City Manager to sign and submit to the
Department of Housing and Urban Development a grant application
and appropriate assurances for entitlement funds under the Hous-
ing and Community Development Act of 1974, as amended,
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SECTION II. That the City Council of the City of Denton, ~
Texas, a"-`uth as the Executive Director of Planning and Devel-
opment to handle all fiscal and administrative matters related
to the application, the Housing Assistance Plan and the assur-
ances
SECTION 111, That the City Secretary is hereby authorized
j
to furnish copies of this resolution to all interested parties.
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f SECTION IV. That this resolution shall take effect immedi-
ately from and after its passage.
1 PASSED AND APPROVED this the day of r 1990.
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BOB CASTLEBERRYr MAYOR
ATTEST:
JENNIFER WALTERSr CITY SECRETARY
k
BY:
I APPROVED AS TO LEGAL FORM: i
DEBRA ADAMI DRAYOVITCHr CITY ATTORNEY
BY
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(1-
Z FINAL STATEMENT OF
COMMUNITY DEVELOPMENT OBJECTIVES
AND PROJECTED USE OF FUNDS
;E
i The objective of the City of Denton's Community Development Block Grant
program is to support activities which are directed toward the specific
objective of development of viable urban communities by providing decent
housing, a suitable living environment, and expanding economic opportunity,
i principally for persons of low and moderate income. The City anticipates
receiving approximately 4553,134 for its 1990 program year. Proposed
' activities and objectives are as followai
I
1. Housing Rehabilitation $288,483.00
Continuation of the existing program to rehabilitate substandard houses
inhabited by low or moderate income persons living in the City,
objective: To bring existing housing into compliance with housing code
and arrest deteriorating neighborhoods in the target area.
i 2. The Urban Homesteading Program 100,000.00
Acquisition of VA and FHA foreclosures, CDBG funds will be used to
I supplement Section 810 Urban Homesteading Funds. Acquired properties will
be conveyed to eligible homesteaders. They will be required to pay all
rehabilitation and maintenance coats.
Objective: To provide affordable housing for low and moderate income j
families. To arrest deterioration and promote stabilization of
neighborhoods.
I 36 MLR After School Program 414,634,00
I
E Subsidies will be provided to low and moderate income families in order to
place children at the Martin Luther King, Jr. After School Program.
Additional program costs will be paid as needed.
Objectives Improvement of public services provided to low and moderate
income residents.
14,567.Q0
4. Denton Police Athletic: League
Payment of sports participation fees and purchase of equipment for low and
moderate income children.
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Objectives Improvement of public services provided to low and moderate j
income residents,
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Page 2
S• Denton County Prenatal Clinic
Provision of 024,950.00
will be used kotenatal care for
!ow income
purl be used pay a portion of the women from Denton county
salary for an additional • Funds
Objective: l,rptovement of
income residents, public services
Provided to ]ow and moderate
6• administration
4110PS00.00
Program management, coordination
with carrying out eligible ' monitoring, and evaluation
f office equipment and grant ectivitiea, associated
administration 6uPPlieel office ent ntenance, staff
itie, t
services of rental rehabilitetfon, maintenance lsal-riesi
Ptogramsf administration emergency and utiltes!
of city's H shelter grant and human t
I Programs costs associated with develo Fair Housing Ordinance and
Program. Pment of an
affordable housing !
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Official Minutes
Community DevaloMmayn9, Block Grant Committee
ht
I Dennis Ste,hens, PaggY Norton, Sarah
Katie FleminiT e,30, Curtis Ramsey and Sonya Wesley.
I~ ors Present: Parker, Rey
Absent: Rosemary Rodriguez and Don Chipman
Community DgelopmenttSecretarytor and
ara ROSS, v
Staff Barb Community Da
Present: Penny Bta.k,
called the meeting to order at 6:10 p'm'
Chairperson, Curtis Ramsey of council work
council members believed grouping
i, Mr. Ramsey summarized the events the City
. Mr. Ramsey said the i~(Lturtey@e a 01
session xplained
the low incorne/minoritY children
on. at Mr. roblem ofor
site was reintroducing r
that a lack of income and transportation was a
these children in regards rese to ed parhits icipaticoncerns in that the robl othe r eme a and mas
school Programs, He exP
location at MLK would alleviate some of these Padditiora
i allow more low icouncilhmemberstareeanRafti rns hoolpsitem.
n ng
Mr. Ramsey s
research and information concer
at MLK. r0 rams
. Ross said the presen8 {ngDkQeBDsretdisplaced out9of the
pcy for themselves and kids are put in the few slots of the
program if scholarship tarn
' ram. Ms. Rosa asked the PAR9teaheo
pro9 comm the entsd th•r~fon ~j
proposals in lacee 9 memo from scholarships a throughout
th MLK sits.
!2 would P the prop sed school sites and t6 at up the
me. Norton commented that the objective of setting
program at MLK was to bus t transportation kids from Ismool` to the MLK
j center alleviating the of no lSgi-S2 funding
Ms. Wesley asked if the possibility problems
added
' was available would this not also cause fu if
rl ar schools
because the program would be discontinued She .
ram continuation,
the program wef8 administered at the 10m
there would be a better chance of program
at MLK ~
o believed initiating the program set
dividusti-
Mr. Tre3 form, cpercentages of in
and presenting in graph further
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served and the program curmishould belseub~icat MLK ML4
fication of why the progra , for stronger P interest
He expressed his concern.
and the targeting of for income families' increased benefits
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Community Development Block Grant Committee
Minutes/May 9, 1990
! Page 2 ,
because of the MLK after school program.
Mr. Stephens asked if Me. Rose knew the criteria for students
that were awarded scholarships.
Ms. Ross said she did not know, PARD administered that
task, although there would be guidelines of the participants
income and attendance if the program was set up at MLK.
There was general discussion concerning the MLK After school
Program.
The committee reviewed the PARD options for the after school
program.
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Ms. Wesley made a motion to recommend Option I to council
members. Mr. Trejo seconded the motion. The motion passed
by a unanimous vote.
There was general discussion concerning the councils' place-
ment of excess funds not allocated according to the
committee's recommendations.
Me. Norton made a motion that it be recommended that all
excess funding not allocated as initially recommended,
be allocated to the housing rehabilitation program. Ms.
Parker seconded the motion. The motion passed unanimously.
The meeting adjourned at 5:30 p.m.
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Official Minutes
Community Development Block Grant Committee
April 16, 1990
Present: Katie Flemming, Dennis Stephens, Peggy Norton, Sarah
Parker, Rosemary Rodriguez, Curtis Ramsey and Sonya
Wesley.
Absent: Rey Trejo and Don Chipman
Staff Barbara Ross, Community Development Coordinator and
Present: Penny Black, Community Development Secretary
Guests Sarah Carey, Director Prenatal Clinic for Denton
Present: County
Chairperson, Curtis Ramsey called the meeting to order at 6:16 p.m.
I. Mr. Ramsey explained to the committee that the requested
additional information from the Prenatal Clinic was part
of their reading information. There was general discussion
concerning the Prenatal Clinic. Ms. Carey left at this time.
Me. Ross said she had talked with HUD regarding Ms. Garcia's
idea of Sammons Cable being our sub-recipient. Ms. Rose said
the representative at HUD informed her that if Sammons played
that role the project would become an Economic Development
activity and invoke something called a "necessary and
appropriate determination". This "necessary and appropriate
determination" would require a tot of staff time justifying
to HUD that it was necessary and appropriate for us to give
the funds to Sammons. Ms. Herron, HUD Representative believed
this justification could not be made and she suggested that
Ms. Garcia seek a non-profit organization to contract with.
Me. Ross spoke witFMs. Garcia and relayed the information
from HUD, she said that would be no problem to contract with
TWU. To date, Me. Rose had not received a letter of support I
from TWU for this project so Ms. Ross assumed Ms. Garcia was
i unsuccessful in getting the university to contract for the
project.
There was general discussion concerning the ESL project
request. The committee decided not to consider funding the
request because Ms. Garcia did not collect the required
documentation they had requested, nor was there a re-
sponsible fiscal agent to contract with.
Ms. Rodriguez said Mr. Davila wanted to present a closing
statement to the committee In regards to the Scholarship
Program (1988-89 funded project), she suggested they set
aside a time to meet with Mr. Davila after all deliberations
have been made.
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lopment g1ock Or ant Col;nittee
t Dev9 1990
h ►{in 1tes/xpril 16, 1
s for the Oakwood Cem°terY
page 2
Stephens expressed his concern
same night
Nr, SteP CDB4 meeting the st a chance
proposal as a did not g ht up- would
}wined theta was she be boug would
ens
~►As. Rosa meeting was holds re4ueat the item be funding citiz
the NICE with 149. Col ittee decided to determine the
to spes es` ntingent on ca Public meeting t of the present if the opinion. Ross for a summary
R
ssofdthe' demolition funds. has spent W1000
The commistatus artment spend. the
spending date the department
over t° referral
t Ge 22'000 in routs for rocese
µs. Ross said year of $sots start the P ent1Y
is a balan five 1Ad could presently
and tharelnsPector had said we Ms. Ross state and those w
building today s ructurea•the office t and then we
since januar~hose five he committee
emen t h
two re40esta bode Enforc T
onnthree staff had is from activities' time,
the, CD the reques the demolition nest at this
be added to With demolition reQ Evers Park
can proceeiaplet the to be viewed
agreed to concern ing the )an & discussions which was of sure of
was n
because Nr a uiP nt would be placed.
Ramsey Kbei e said there
as o a oconcePtusl LhenplaYgrcund e4 ercentage of th68%
r the actusl area
determine the Evers area areas we
14s• Rose ssidrriOOd~ dianto the ther dkQop lation•
Evers ndi®i~compae 1s about 13% low/ for this
low /mo averag 110 other revenue t
serve whose there was t
er Baked if budget. , donsted
Nro3sct in the PAAD saying funds wsrark and
anyeralidiscussion
p Ross recalled µequipment at glow hvondal* the
Me• laYground did not was general
I r the 9 their budget there
tly at8ct re0 ueat•
presen for the numerous of s
l proPo$ean8r the prof ® ueet Mss T
concern her ad concern the Evers r 4 ing
this and 146, able
i resged hens 1e the
believ Nr• Step chose to tab s
µs. Aodrigugz a 4 and
re4ueets to CDBNa. parker1 The ca~ittee
low prio4r Ks. Rodriguez, `
agreed y at this time.
ae requeat
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Community Development Block Grant Committee
r Minutes/April 16 1990
' Page 3
There was general discussion concerning the Oakwood
Cemetery project request,
Ms, Rose mentioned the CDBG project requirement of area,
individual or direct benefit. With the exception of re-
quiring Iny person buried in these particular plots
that have been acquired be low/moderate income, there
}thatdare bensfittibngeandlHUDtmay would ab problem individuals
that. with
41
Ms. Norton asked for clarity of how the plots were
sold to families,
Mr. Ramsey said the indigent were buried at Oakwood
no matter what.
Ms. Rodriguez said presently the indigent are buried
in Sanger.
Me, Rose added the county incurs those expenses for
I~ indigent burials in Sanger,
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Me. Rodriguez agreed,
Ms. Ross said the revenues received on these lots would
have to be accounted for and go back to the grant account,
or to HUD, in essence we would be in the cemetery monitoring
business.
Me. Rodriguez said also there are no stipulations that would
require only low/mod, individuals be buried there and asked
how would that issue be handled.
Me. Ross said she was sure we could set any stipulations
needed to most the grant requirements to PARD.
{
Me. Rodriguez believed that would be a great burden on {
the CD Staff.
The committee agreed to delete funding of the Oakwood
f Cemetery project request and "bury it", at this time.
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Minutes/April 18, 1990
Page
There was general discussion concerning the Housing
Rehabilitation and Urban Homesteading project requests.
Me. Rodriguez asked how much money was left from
last year,.
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lKs. Rose said ;80,000 and there are presently 8 houses
out for bids. If any one of the 8 houses bids run over
$10,000, we will need to hold off contract signing until
late July.
Mr. Ramsey asked how many families would benefit from
the present request.
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j Ms. Ross said about 25 - 30 families would benefit and
revenues from the rehabilitation loans which is about $12 -
$15,000 per annum will allow us to complete 1 additional
structure.
Ms. Rodriguez asked how much was allocated last year.
Ms. Ross replied $300,000.00.
Mr. Ramsey said the program has 66 individuals waiting
which is roughly 2 - 3 years of project participation.
He asked if the project was accelerating or stabilizing.
Ms. Ross said she believed it was rather stable.
j Mr. Ramsey asked if the waiting list tied into the need
I for more aggressive code enforcement or better evaluation
of problems identified.
Ms. Ross said she did not perceive the Code Enforcement
division citing a homeowner for code violations as
readily as she believed they cited landlords. When
landlords are sought out they usually contact CO Staff
and this increases the number of rental rehabilitation
requests.
Ms. Rodriguez asked where did the rental rehabilitation
funds come from.
Ms. Ross said the Texas Department of Commerce.
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Community Development Block Grant Committee
Minut,as/April 16, 1990
Page 6
Ms. Flemming said she did not understand where the monies
went to from the loan repayments.
Ms. Ross said the monies go back into the rehabilitation
program, most of the assistance we provide are in the
form of grants and the homeowner repays us by living
there for five years. The 112 - $160000 that will
allow us to complete an additional rehab, is the loan
repayment money.
Mr. Stephens said individuals whose homes have been {
rehabilitated are extremely happy to have a program that
provides this type of assistance. He believed if +
there were any additional monies possibly the committee
could provide more than the requested $300,000.00.
Mr. Ramsey asked if dollars made a big difference.
Me. Rose said yes it did make a difference. there
were additional monies, staff could rehabilitate more
homes.
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There was general discussion concerning the Urban
Homesteading program.
Mr. Ramsey asked if this program relates to property
which reverts to the government through the Resolution
Trust Corporation. (RTC)
Ms. Ross added FHA and VA foreclosures.
Ms. Norton asked if the requested funding only benefitted
five families.
Ms. Rose said it's passible for it to benefit more if the
properties could be purchased cheaper than 136 - $60,000.
The requested $1261000 would be only half the amount, the
other $125,000 would be supplemented from HUD. The 11269000
would not only allow us to purchase the homes, but also
maintain them until we give the property to the home-
steader.
Mr. Ramsey said this $125,000 is on a matching grant
basis 1125,000, which means if we funded 1600000 HUD
would match 160,000. f
Ms. Ross said we are required to purchase at least five
homes, the match will be 1126,000 from HUD.
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Community Development Block Grant Committee
Minutes/April 16, 1990
Page 6
Ms. Rodriguez said we are investing $126,000 into
j only five families.
Me. Ross said yes, plus we will be pulling in an
ladditional $1269000. in Section 810 funds. She
E said she realized the requested amount was a lot
although this is a home ownership program, something
the city does not currently have.
Ms. Norton asked how the families would be selected.
Ms. Ross said they would make application to the City,
be rated based on their ability to pay a rehabilitation
loan, the property taxes and property maintenance as
well as their income level. They would need to be well
under the 80% median income.
Ms. Rodriguez expressed her concerns for the number of '
individuals the program would be bensfitting.
Ms. Ross said the Urban Homesteading program request
is a result of the Housing Task Force Committee's
recommendation to the City Council that we expand the
city's housing programs. Urban Homesteading was the only
HUD funded program that the city would be receiving some
supplemental/matching funding so we chose this program. s
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Ms. Horton asked what the average amount spent on each
family per rehabilitation.
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Me. Ross said about $11,000.
Ms. Parker asked for clarity of the program. She said the
requirement is for a minimum purchase of five homes. J
And possibly purchase more properties if they were 1
available for less than $60,000 and benefit more than those
five families.
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Ms. Ross said yes.
There was general discussion cor-vrning the Urban Homesteading
Program and the possibility o' -chasing properties in
the Millowcreek Housing AMU,. which are owned by Denton
Federal Savings.
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1 Minutes/April 18, 1990
Page 7
Ms. Flemming expressed her concerns for the program
a: set up and requirements.
Ms. Parker asked if Lewisville had a program like
1 this.
IF Ms. Ross,said she did not believe so, Lewisville did
not accept block grant funds but the cities of Lubbock
d jand Grand Prairie definitely administered the Urban
I Homesteading Program.
M.. Stephens expressed his concerns for the attempt
to funnel more funds into the city and to axpand its
housing stock.
Mr. Ramsey asked if the grant program required the J
homeowners to stay in their homes for five years. 11J
Ms. Rose said yes. She discussed the program procedures
of Urban Homesteading that the city would set up if {
granted the Section 810 funding. I
I
There was general discussion concerning the MLK After- J
school Program.
Me. Rodriguez asked if the $50 for each child would ~II
be funneled back to the grant. 1
Ms. Ross said no, but the $50 would be used to supplement
each child that is low income and cannot pay the fees. E
The total request will pay for the entire programs ad-
ministration. The CD Staff will control the funding of
this program and some of the children may be able to
afford the fees which means the allotted amount may be
lose than $14,834.
Ms. Norton expressed her concerns for the possibility
of displacement of the existing program,; when the
afterschool program began.
Me. Rose doubted that any displacement would occur.
Mr. Stephens and Mr. Ramsey expressed their concerns
for the accessibility of the center and the requbsted
program.
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Community Development Block Grant Committee
• Minutes/April 16, 1990
Page a
Ms. Rodriguez asked which agency requested funding from
` the HSC.
Ms. Ross said Fred moors child Care and the Prenatal
clinic, although their requests were for operational
expsnses.
There was general discussion concerning the PAL and the
I There Afterschool program proposals.
Ms. Ross suggested if the committee recommefdo~dthsnpurchase
that they request PAL not use CDBO funding
of a van because of anid subsidiesefor tthe kids fees.
purchase n
fund; for equipment
There was general discussion concerning the Fred Moore
Child Care Center.
had spoke with her earlier and
Ms. Layton r. Bernste
Ms. Ross said ln had {
Norm Sisk did give her more optimism iassisting Mr. in solving
and there's a possibility j
their rehabilitation problem. Ms. Ross said she had told her from Carl aWilliams and some ssisted in doing indrkivitodual
thesl akingeroofghborhood
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had a
Mr. Stephens had to leave at this time. 1 {
8:60 p.m, - '
I discussion concerning the Prenatal Clinic.
There was genera
"SC also.
Ms. Norton asked if they were funded by past year
Ms. Ross said they had requested funds for the P
although the lawatijit on indigent healthcare restricted also d the council from allocating funding.waS Headed stating
clarty
if funding was recommended,
! funding for social service rgencies would not be a
! continuing budget item. This ou dlodtte othorgo ciathe®rvice
agencies from believing did need to
that they instead could
14SC (city general fund source),
come to CD Q (federal fund source) and receive monies
their for services, undi
Ms. Rodriguez asked if there was a problem fng this
y
agency.
nd from suggested the ~ret a
Ma. Ross said Ms. Drayovitch
make their recommenda
that tionerisuatfromgthe recommendations.
there was a problem
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Community Development Block Grant Committee
Minutes/April 16, 1990
Page 9
Mr Ramsay said the question remains, if our funding
this project is in essence actually compromising the city's
position on indigent health cars.
Me. Roes said basically, Me. Drayovitch believed since this
was fedenal monies and not city tax payers money there would
not be a problem, Ms. Drayovitch asked Me. Ross if there were
lother projects that would be funded by tax payers dollars if
the grant funding was not available, Me. Rosa said yen and
used the street projects as an example of items funded, Me.
Drayovitch again suggested the committee make their
recommendations and let the council make the final decision.
The committee prioritized and ranked the project requests.
They are listed in priority ranking and recommended amounts
below:
61 - Housing Rehabilitation - ;300,000
•2 - MLK Afterschool Program - $14 634
63 - Denton PAL program - 041647
04 - Prenatal Clinic - ;24,960
06 - urban Homesteading -51001000
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Me. Rodriguez moved that the recommended allocations be as
stated above. Me. Parker seconded the motion. The notion
passed unanimously,
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Me, Rodriguez also moved that any residual administration
funding be transferred to tho rehabilitation account.
Me. Parker seconded the motion. Tile motion passed
unanimously. ;
The meeting adjourned at 7:37 p.m.
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June 5, 1990
CITY COUNCIL AGENDA ITEM
C
TO; MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM; Lloyd Harrell, City Manager
SUB.'BCT: CONSIDER RESOLUTION AppROVINGI ELECTRIC LINE EASEMENT
AND TSNpORARY CONSTRUCTION LICENSE WITH
PT
E@1 HER PROJECT,
EERS FOR LEWISVILLE HYDROELECTRIC
FERC NUMBER 3940.
RECO1qu;NDAT1(!N'
The public Utilities Board, at their meeting of May 23,
1990, recommended to the council approval of the subject
l permanent easement and temporary construction license.
SUpQKAAY/BAgUiROUND:
The Lewisville hydro project commercial operation is
expected to be in March of 1991. The City needs to execute
the subject stated above in order to construct a #
distribution electric line to interconnect to Brazos
Electric substation in Lewisville via Danton County Electric It
Cooperative distribution power poles.
f
The permanent right-of-way easement shall be used for the
installation, maintenance, operation, and repair of the
r electric line, being approximately 20 feet wide by 90082
feet long. The term of the permanent easement is 50 years.
In this easement, the city will own, design and construct at
` its expenses, 9,082 feet long of new single circuit
14.4/24.9 KV electric line of 4/0 AAAC as shown inofxhibiit A
I (points b to c). In the event all or any portion `
land occupied by the City's facilities shall be needed by
the United States, the City shall remove such facilities as
designated by the Corps' officer within 90 days after ~I
receiving the notice.
Thy: temporary construction license :nd easement are being
granted to the city of Dentc« Gt. NO COST and the line
construction is scheduled to begin in October of 1990.
k
05240087
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on February 6, 1990, the city has executed an Agreement with
Brazos Electric Power Cooperative, Inc., to provide for the
interchange of electricity and parallel operation of the two
systems, For all energy, delivered by the City of Brazos
sybetation from the hydro, Brazos will ateliverean equivalent
amount of measured energy to the City its orth
Interchange.
PROGRAMS, GROUPS OR DEPARTHE M AFFECTED
Electric caa and payers, perationgctrio
utilities department for maintenance
FISCAL IMPACT:
No COST to the City for this easement. The City's cost for
the line
kwh
unit will construction b
generate approximately 13,000,000 ~ he
hydro
annually.
Res tfullY i ,
d V.//Harre
Ci Manager
ared by.
t
Ern a 8. Tul os j
Director of Electric Utilities
A'
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1
R.E. ;uNevIe Director of utilities
Executive Director of Utilities
Exhibit I Exhibit A
II Resolution
easement
may license 23, 1990
Ii minutes Corps
IV PUB
4
05240087
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RESOLUTION NO. - EASEMENT
A RESOLUTION POWER TRANSMISSION FACILITIES AND A LICENSEYACREL'ISENT
AREA FOR THESE FACILITIESS AND
FOR ELECTRIC
FOR A TEMPORARY AN EFFCONSTRUCTION ECTIVE DATE.
PROVIDING FOR AN EFFECTIVE DATE.
the City Council of the City of Denton, Texas, has
WHEREAS,
herotof ore
nfor aitright ofeway~fortelectric power
the l of Denton of determined
transmission facilities and a license for a temporary construction
area for theca facilities in the land hereinafter described= and
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
U ION i. The City Council hereby finds and determines that
it is necessary to acquire an easement for a right-of-way tot
temcorary constructionmarea for theseifacilitie■ in the hereinaftsf
described land by execution of the attached proposed Easement ant ` JI
License Agreements. 1
nxc22oN II. That the City Managsr acting on behalf t of th 11
thes
City ofof Donn is hereby authorized and dire`a em~nt execute
and licen9
instruments to obt-An said riqbt-of-way j
agreement in,over,an-1 under the land described in Exhibit "A '
attached here an a~lecnrio icoorated btransmission facility u it sal ;
constructing
property.
+
armox This Resolution shall become effective from at
after s ittof passage.
PASSED AND APPROVED this the day of
1990.
i
BOB CASTLEBERRY, MAYOR
i
ATTEST: CITY SECRETARY
j JENNIFER WALTERBr
BY:
APPROVED AS TO LEGAL FORMS
DEBRA ADAM DRAYOVITCHe CITY ATTORNEY
BYS -
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DEPARTMENT OF THE ARMY
EASEMENT FOR A1014T OF WAY DACW63-2-90-0566
FOR ELECTRIC POWER TRANSMISSION OR COMMUNICATION FACILITIES
ON Lewisville Lake, Texas _
h The SECRETAR Y OT THE ARMY, under and by udrtue of the authority 6 esteeyrm by the
act of ConSress approved 27 May 1952 (66 Star, 96; 49, United States Code,
the Cty of DentonI a political subdivision in the State of Texas, Municipal
Building,
eN
hereinafter designated as the parries, for o period not exasdln/ Fifty (50) years from
the date XAW/aneasement for 4rightof-way for the installation, maintenance, operation,
and repair of an electric transmission line, being approximately 20 feet wide by
9,082 feet long, containing approximately 4.17 acres, more or less
1
*executed on behalf of the Government
i
hereinafter referred to as "aid facilities," over, across, and upon land of the United States at the i
location shown In red on Exhibit 1181
partpartho and de~bedVdaUatrett on Exhibit "A" attached {
hereto made made is
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THIS EASEMENT U granted sub/act to the followiq conditions:
f 7nadvance. Compensstion shall be made payable
W~
2. That the construction and/or operation and maintenonce of sold faddties shall be
accomplished without cost or expense to the United states under the reneral supamirion and
#41ect to the approval of the officer having immediate jurbdtation over the property, hereinafter
designated as "add officer," and in such manner as not to endanger personnel or property of the
United States on the sod United States land or obstruct travel on any road thereon.
I
9. Thst the use and occupation of sod land incident to the exercise of the pripnlletgps hereby
1
it muted shall be subject to such rubs and rtegulatton# reM rding ingress, egress, jltry,
Security a the said offer may h
4. That the r!/ht-of-way hereby granted shod not occupy more lad than is reasonably
t Accessory for such purpose, as determined by rho sod off cer, and to no event shad exceed a width
t
of. ten feet ( 10, on each side of the tenterline thereof.
ENd F* N f8S0 FIIeVIOUS 101TIONS MAY /gusto. f9lre03-1-0401
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6. That the grantee shall supervise the said facilities and cause them to be inspected at
reasonable intervals, and shall immediately repair any defects found therein a a result of such
inspection, or when requested by sold officer to repair any defects. Upon completion of the
installation of said facilities and the making of any repairs thereto, the premises shall be restored
immediately by the grantee, at the grantee's own expense, to the same condition as that in which
they existed prior to the commencement of such work, to the satisfaction of the said officer. The
grantee shall have the right of ingress and egress for such purposi s•
r
6. That any property of the United States damaged or destroyed by the grantee incident to
x" ! the use and occupation of the midpremims shall be promptly repaired or replaced by the grantee to
the satisfaction of the sold officer, or in lieu of such repair or replacement the grantee shall, if so
required by the said officer, pay to the United States money in an amount sufficient to compensate
for the lou sustained by the United States by reason of damage to or destruction of Government
I property.
7. That the United States reserves to itself the right to construct, use, and maintain acrros,
over, and/or under the right-of-way hereby granted, electric transmission, telephone, telegraph,
water, gas, gasoline, oil, and sewer lines, and other facilities, in such canner as not to create any
unreasonable interference with the use of the right-of-way herein granted.
persons w
Ardt
arise from or be incident to the use and occupation of the. mid premises, or for
damages to the p of the grantee, or for injuries to the person of the grantee (if an
Individual), or for damages roperty or Injuries to the person of the grantee's officers, agents,
servants, or employees, or others w be on wtd premises at their invitation or the Invitation
of any one of them, arising from or inciden c~ rra_mental activities; and the grantee shall hold
9. That the United States shall rat be responsible for damages to property or injuries to
persons which may arise from or be incident to the construction, maintenance, and use of said
facilities.
j 10. That the grantee shelf furnish through mid facilities such service as may be required from
time to time for governmental purposes on said land, provided that payment for all such service will
F be erode by the United States at rates which shall be mutually agreeable but which shall never
f exceed the most favorable rata granted by the grantee for similar service.
j 11. That, in the event all or any portion of sold land occupied by said facilities shall be needed
by the United States, or in the event the existence of sold facilities shall be considered detrimental
to governmonfat activities, the grantee shall, from time to time, upon notice to !o do, and as often
as so notified, remove sold facilities to such other location or locations on said land as may be
designated by uid officer, or the grantee shall reconstruct said facilities underground on sold (arid
without expense to the United States, a may be directed by sold officer, and In the event said
property shall not be removed or relocated within ninety (90) days after any aforesaid notice, the
United States may cause the same to be done at the expense of the granite, provided, however, that
If directed to reconstruct its facilities underground the grantee may, at its opfion, in lieu of taking
such action, wholly remove its facilities from lands of the United States as described herein, at
which time the right granted herein shall cease but the restoration obligation set forth in Condition
No. 19 hereof shall remain.
12, That this easement may be terminated by the Secretary of the Army upon reasonable
notice to the grantee if the Secretary of the Army shall determine that the right-of-way hereby
granted interferes with the use or disposal of the sold land or any part thereof by the United States,
or it may be forfeited and annulled by declara tion of the Secretary of the Army for failure, neglect,
or refusal by the grantee fully and promptly to comply with any and oil of the conditions of this
grant, or for nonuse for a period of two years, or for abandonment,
.
ell- a r 19. That up.•n the expiration, termination, or
the
grantee shall, without expense to the United States, and within such time a the Secretary of the
Army any indicate, remove said facllidee from said land and restore the prsmiees hereby authorized
to be used and occupied to a condition satisfactory to the said officer. Ire the event the grant" Out
fail, neglect, or refuse to remove the sold facilities and so restore the premiss, the United States
shall have the option either to take over the sold facilities a the
without compensation therefor, or to remove amid property r the United Stara
aforessid at the expense of the grantee, and In no event shall the grantee perform orm orm have the
any claim restoration fmtto work s
aping the United Staten or Its o eers or or g
lli agsneq on aaaount of the teking over of said foaRuise or
lliee or
on account of their ramovei.
14. That the provisions and condition# of this instrument strait extend to and be binding upon
and shat! inure to the benefit of the heirs, representatives, sumemom and adigns of the pastes.
15. That it is understood that this instrument Is effective only inmfbr at the rights of the
United State in the aid property are concerned; and that the pants shall obtain such permission
as may be necessary on account of any other existing righCL
i
That prior to the execution of this easement, conditions were deleted, revised and added in the
following manner:
j Prior to execution of this instrument, the Granting Clause was modified,
Conditions No. 1 and 8 were deleted and Conditions No. 16, 171 18, 191 209 219
and 22 were added on page 4 which is made part of this instrument,
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This easement to not eubfeat b Tale 10, United States Code, Section 2915. ?
IN WIrNM WRRJ OF I have herrunto set my tend this day of 1D_.•
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James Ps Cain
Real Estate Division
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CITY OF DEN fON j
Lewisville Dam Electric Ttansmissioa Line
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CENTERLINE FI1ILD NOTES
Beginning at a point in the center line of this traasmission line, said point bearing South 14
degrees 09 minutes 03 seconds, East a distance of 334.10 feet from the center line of
Lewisville Dam at station 152+66.00, said station being North 75 degrees 50 minutes 57
seconds East a distance of 350.00 feet from the intersection of the dam center line and the
outlet works; I !
i Thence, along said transmission line center line the following sixteen (16) bearings and
distances:
{ South 74 degrees 58 minutes 44 seconds, Wait 381.36 feet;
i South 75 degrees 21 minutes 04 seconds West 1113.66 feet, {
South 66 degrees 39 minutes, 16 seconds, West 199.96 feet;
South 75 degrees 29 minutes 20 seconds Wait 539.19 feet;
South 66 decrees 39 minutes 13 seconds West 194.42 feet;
South 33 degrees 31 minutes 24 seconds West 362.31 feet,
South 70 degrees 02 minutes 12 seconds West 353.33 feet;
f South 76 degrees .t9 minutes 24 seconds West 399.12 feet; '
South 76 degrees 15 minutes 12 seconds West 980.94 feet;
South 84 degrees 01 minutes 30 seconds West 179.77 feet,
South 74 degrees 43 minutes 17 seconds West 713.79 feet;
South 79 degrees 23 minutes 59 seconds West 1470.90 feet;
North 38 degrees 53 minutes 21 seconds West 110.00 feet;
South 78 degrees 16 minutes 17 seconds West 775.40 feet;
South 61 degrees 37 minutes 05 seconds West 269.70 feet;
North $2 degrees 24 minutes 39 seconds West 777.26 feet to a point at the end of said
transmission line center line at an existing power pole.
The undersigned does hereby certify that the field notes herein are based on an actual
survey made on the ground In August 1989, and that they are a true, correct, and accurate
representation of the transmission line ce erllne as surveyed.
ON-
October 2, 1989 fi*t•,,.Qf
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% tStonforif Hauptman
Texas Registered PIle
Registered P
VAWM NAUPIMM Surveyor Number 2255
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CITY OF DENTON
Lewisville Dam Electric Transmission Line
CENTERLINE FIELD NOTES
Beginning at a point in the center line of this transmission line, sold point bearing South 14
degrees 09 minutes 03 seconds East a distance of 334.10 feet from the center line of
Lewisville Dam at station 152+66.00, said station being North 75 degrees 30 minutes 57
seconds East a distatc•c of 350.00 feet from the intersection of the dun center line and the
outlet works;
i Theuce, along said transmission line center line the following sixteen (16) bearings and
distances:
1 South 74 degrees 58 minutes 44 seconds West 311.36 feet;
South 75 degrees 21 minutes 04 seconds West 1183.66 feet;
South 66 degrees 39 minutes 16 seconds West 199.96 feet; 4
South 75 dsgrees 29 minutes 20 seconds West 589.19 feet;
South 66 degrees 39 minutes 13 seconds West 194.42 feet;
South 13 degrees 31 minutes 24 seconds West 362.39 test; i
South 70 degrees 02 minutes 12 seconds West 353.33 feet;
South 76 degrees 49 minutes 24 seconds West 399.82 fat;
Sooty 76 degrees I8 minutes 12 seconds West 980.94 feet;
South 84 degrees 01 minutes 30 seconds West 179.77 feet;
South 74 degrees 48 minutes 17 seconds West 783.79 feet;
South 79 degrees 23 minutes 59 seconds West 1470.90 feet;
North 88 degrees 53 minutes 21 seconds West 180.00 feet;
South 78 degrees 16 minutes 17 seconds West 775.40 feet;
South 61 degrees 37 minutes 05 seconds West 269.70 feet;
North 82 dsgreas 24 minutes 39 seconds West 777.26 feet to a point at the and of said
transmission lies eentes line at an existing power pots.
The undersigned does hereby certify that the field notes herein are based on an actual
survey made on the ground in August 1919, and that they are a true, correct, and accurate
representation of the transmission line c erlias as surveyed.
October 2, 1989 t.•. •.F• ♦
•4f+ o tuptmta
Texas Registered Public
~STI~yFM HAUPIMANN Surveyor Number 2255 V,
2255
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t DEPARTMENT OF THE ARMY DACW63-3-90-0567
LICENSE
Lewisville Lake, Texas
The SECRETARY OF THE ARMY (hereinafter Secretary) or duly authorized
represen- tative under authority of 43 USC 961 76201 grants to
( the City of Denton, Municipal Building, Denton, Texas oareinafterilcenseel a license to
{ use a temporary construction area for the placement of an electric transmission line,
in an area being approximately 60 feet wide by 9,082 feet long . The
i license Is for a period of one {1) year
beginning * , but revocable at will
by the Secretary or duly authorized representative, The license Is for the premises (hereinafter
premises) shown in Exhibit -1B11 and more particularly described In Exhibit "A" which are
attached and made part of this Instrument.
*on the date executed on behalf of the Government
THIS LICENSE is granted subject to the following conditions:
(f Jn-Jw
)per .obaitaw
a order of
the Finance and Accounting Officer, and d*0vorsd to
The United States will c ergo, the amount to be determined by law or regulation, or :-;c•°
paymon nta due under this agreement for each 30-day period that the payment !s rvj(-
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tl s privileges granted shell be:
2. The exercise of
I
a. without cost or expense to the United States; I
b. under the general supervision of the officer executing this license of duly authorized
representative (hereinafter said officer); I.e., subject to rules and regulations which said officer may i j
prescribe from time to time and subject to approval of said officer, InNucing prior written approval
for aiterstlons, modifications or additions or the use of any herbicide r or pesticide on the promises;
I
c. subject to the right of the United States to construct, use, and maintain facilities on the
premises without unreasonably Interfering with the licensee's privileges;
d. subject to other outgrants of the United States on the premises which do not unreasonably
interfere with the licensee's privibges; and
e. without Ilabllity of the Untied States for failure to supervise or Inspect ecdvides or facilities
of the licensee.
j 3. Under a separate agreement with the
district engineer (Army civil works), the licensee shall pay the cost of the
United States to produce or supply utilities or services to the licensee. Such casts shall Include the
r I licensee's proportionate share of the operation and maintenance costs of United States facilities
Involved. The United States has no obligation to furnish utilities or services.
4. The licensee at its own expense shall maintain the premises in good order.
5. The licensee shall at its own expense promptly repair or replace to the satisfaction of said officer
any United States property damaged or destroyed by the licensee Incident to the exercise of the
I privileges granted.
j tN0 FORM •OI, Opt N REPIACEI E01710N Of I DEC !Q AND ENO FOAM IOU, I Jd tl, V1111GN It OI50lET1.
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E Instead and If required by said officer, the licensee shall pay the United States money In on amount
sufficient to compensate for the lose sustained by the United Sates for damage to or destruction
of United States property.
eventep ssnos"4% mad employ not siblofordama „ " tiaB
ges to property, Injuriq to persons, or any other emu" of action 1"released
actions"1 whlc se from or be incident to this Ifanee or the Ilcenses'a exoWas, of the privileges
herein granted. Aeleese • Include, wlthout Iimlation, dsmag• to the lico,rsee's property, 1
Enjury to the liarnse's person, or use of action of the licenses, or such damage, Injury or
other cauee of action of the licensee's office ,servant, employees, Invites of any of these,
or anyone else otherwise on or near said premises En the license, The licensee shall hold
h
arml0 s o n d Indemnify the re leased parties for released action may arise from or be Incl.
AsAl 0A skis or. the -9 exam" -i love$ he
1
/ 7. The licensee shell not discriminate against any personls) because of race, color, age, sex, religion,
handicap, or notional origin In the conduct of Its operations hereunder. The licensee fwo4hso,as
will comply with Title VI of the Civil
Rights Act of 1964142 U.S.C. S 200od) and all requirements Imposed by or pursuant to Department
of Defense D'rective 6600.11, May 27, 1971, as amended (32 C.F.R. pt. 300).
S. The licensee shall not unlawfully pollute the air, ground, or water or create a public nuisance,
The licensee shall at no cat to the United Sates promptly comply with present and future Federal,
state and local laws, ordinances, regulations, or Instructions controlling the quality of the environ-
ment. This does not affect the licensee's right to contest their validity or enjoin their applicability.
The licensee shall not be responsible for pollution caused by others.
' r
9. The licensee shall not remove or disturb, or cause or permit to be removed or disturbed, any i
historical, archeological, architectural or other cultural artifacts, relies, vestiges, remains or object
of antiquity, In the event such Items are discovered on the premises, the licensee shall Immediately
l notify said officer and protect the site and the material from further disturbance until said officer
gives clearance to proceed.
10. The licensee will use all reasonable means available to prctect the environment and natural
resources from damage arising from this license or activities Incident to It, and where damage
nonetheless occurs, the licensee shall be liable to restore the damaged resources.
11. If the licenses discovers military contamination on the premises, the licensee shell immediate- i
ly stop work and request said officer for help.
12, On or before the date this license expires or the licensee relinquishes this license, the licensee
shall vacate the premises, remove the licensee's property and restore the premises to a condition
satisfactory to said officer, except for damages beyond the licensee's control or for fair wear and
tear. If this license is revoked, the licensee will do the some within the time designated by said
officer. If the licensee fails or neglects to remove the property and to restore the premises, at the
option of sold officer;
a. sold property shell become the property of the United States without compensation
therefor, or
b, said officer may have the property removed and the premises restored at the expense
of the licensee, and no claim for damages against the United States or Its officers or agents shall {
be created by or made on account of the removal and restoration work.
2
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13. The licensee may terminate this license by giving ten 110' days written notice by certifies mail
to.the Secretary throu;lh said office. The United States shall not refund compensation paid under
condition 1. If notice Is not given at least ten 1101 days before compensation is due under Condition
1, the licensee shall pay the compensation for that period or term.
14. This license Is effective only Insofar as the rights of the United States in the premises are con-
r cerned. The licensee shall obtain any further permission necessary on account of any other existing
rights.
the Grantingg Claus
15. This license may not be transferred or assigned. Prior to execution of this Domes, ~:ondklon NotO
3 and 7 were modified, Condition Nois) 1 and 6 were deleted, and
Condition Nols1 16 were added on page 3 which is made part of thls
! instrument.
t This license is not subject to Title 10, United States Code, Section 2602, as amended.
IN WITNESS WHEREOF, I have hereunto set my hand by authority /direction of the Secretary of
the this day of 18
Janes P. Cain
Chief, Real Estate Division
i
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The above Instrument, inclnding all its condItIons, Is hereby accepted this
day of 19
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BY:
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(Title)
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16. All terms and conditions of Easement No. OACW63-2-90-0566 are incorporated
herein and made a part hereof. j
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f 16. That the City of Denton will be required to modify the electric line
easement, if granted, to meet any additional Corps of Engineers or other
` Federal or State safety standards, including criteria and requirements
which may be later developed, including line height requirements.
17. That the right is hereby reserved to the United States, its officers,
agents, and employees, to enter upon the said premises at any time and for
any purpose necessary or convenient in connection with river and harbor and
flood-control work to remove timber therefrom, and to flood the easement
:o ` premises whenever necessary, and the grantee shall hove no claim for
damages of any character on account thereof against the United States or
any officer, agent, or employee thereof.
18. The grantee shall not discriminate against any person or persons or
exclude from participation in the operations, programs or activities
conducted on the easement premises, because of race, color, religion, sex,
age, handicap, national origin or place of residency. The grantee, by
acceptance of this easement, hereby gives assurance that it will comply
with provisions of Title VI of the Civil Rights Act of 1964 as amended (42
USC Sec 2000d)• the Age Discrimination Act of 1975 42 USC So c ( c 6102);
the Rehabilitation Act of 1973, as amended (29 USC Sec 794), and all
requirements imposed by or pursuant to the Directive of the Department of
Defense (32 CFR Part 300) issued as Department of Defense Directive 5500.11
May 279 1971. This assurance shall be binding on the grantee and its
agents.
19. The use of any pesticide on the easement premises must be in
accordance with appropriate Federal, State, or local laws, rules, and !
` i regulations.
E 20. Grantee shall construct, opera,e and maintain the said line in
accordance with the National Electric Safety Code and National Electric
Code.
II` ; 21. That the grantee shall not remove or disturb or cause or permit to be
1 ! removed or disturbed, any historical, archaeological, architectural or
I other cultural artifacts, relics, vestiges, remains or objects of
j antiquity. In the event such itats are discovered on the premises, the
grantee shall iaaaediately notify the District Engineer, Fort Worth
District, and the site and the material shall be protected by the grantee
from further disturbances until a professional examination of them can be
made or until clearance to proceed is authorized by the District Engineer.
v 22. The grantee shall comply with all applicable laws, ordinances, and
regulations of the state, county, and municipality wherein the premises are
located.
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The above instrument, Including all its conditions, is hereby accepted
this
day of 1990. ~
THE CITY OF DENTON
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STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this
` of 1990 by day
on behalf of the U.S. Army Corps of Engineers as the
of the Real Estate Division, Fort Worth District, Texas.
II~
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State of Texas
r n e1
Notary's Commission
Expires,
,
STATE OF TEXAS
COUNTY OF
I
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f This instrument was acknowledged before me on this
of a 1990 by day
J
as of the City of Denton and on behalf of sold
City of Denton,
f
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4 the Slate Of Texas
C
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Notary's Commission Expires.
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P'
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CERTIFICATE
certify that I am the
of the City of Denton, named as grantee herein; that
1
who signed this easement on behalf of the City of Denton was then
of the municipality; and that said instrument was
i
duly signed for and on behalf of the City of Denton by authority of its
governing body and is within the scope of its legal powers.
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EXCERPT
PUBLIC UTILITY BOARD MINUTES
MAY 23, 1990
4. CONSIDER ELECTRIC LINE EASEMENT ON THE CORPS OF
ENGINEERS' PROPERTY FT LEWISVILLE DAM FOR THE PROPOSFO
HYDROELECTRIC POWER PROJECT, FERO NUMBER 3940. i
Tullos revieved this item stating that the City needs to
execute the right of way easement with the Corps in order to
construct 9,082 feet of new single circuit 14,4/24.9 kv
electric line of 4/0 AAAC to the Brazos Electric Substation 1
in Lewisville via Denton County Electric Co-operative i
distribution power pules. The City of Denton will own,
design and construct this line.
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Frady made a motion to recommend to the City Council j
approval of subject electric line easement. Second by Chew.
All ayes, ro nays, motion carried. !!i
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CITY
COUNCIL
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June 5, 1990
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CITY COUNCIL
G AGENDA ITEM
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T0: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJ.. CONSIDER RESOLUTION REQUESTING THAT THE CITY COUNCIL OF THE
CITY OF DENTON INITIATE PROCEEDINGS TO EFFECT A CHANGE IN j
THE CHARTER OF THE CITY OF DENTON 'T'HAT WILL AUTHORIZE THE
i PUBLIC UTILITIES BOARD TO HOLD EXECUTIVE SESSIONS FOR THE J
PURPOSE ALLOWED BY THE OPEN MEETINGS ACT OF THE STATE OF
TEX::. .
SUMWY/BACKGROUND:
The Public Utilities Board, at their meeting of May 23, 1990
requested that subject resolution be placed on the City COunoil
Agenda for June 5, 1990.
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Respect ly submit ed, I
tell
Lloyd . Harrell
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City Manager
Prepared/Approved by:
R 2_.Nelson EX !
ecutive
Director, Department of
Utilities
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Exhibit I Resolution
II Minutes PUB Meeting of 5/23/90 1
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67540:11 j
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I RESOLUTION
f~ THE PUBLIC UTILITIES BOARD OF THE CITY OF DENTON HEREBY RESOLVES:
fff SECTION 1. That the Public Utilities Board, in upholding its
responsibilities to the citizens and rate payers of Denton, from
time to time, finds it necessary to review matters relating to
land acquisition, law suits and personnel, and the Board believes s
that it is necessary to review such matters in Executive Session,
ands
SECTION 2. That, due to a concern regarding the
interpretation of Section 22.07, (A), of the City Charter, wherein
it states "The board shall meet at least once each months all f
meetings shall be open to the public and a permanent record of '
preceedings maintained," the Public Utilities Board requester 1
SECTION 3. That the City council of the City of Denton,
Texas, initiate proceedings to effect a change in the charter of j
11 the City of Denton that will authorize the Public Utilities Board
to hold Executive Sessions for purposes allowed by the open
Meetings Act of the State of Texas.
SECTION 4. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the 23rd day of May, 1990.
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10Ic t Laorte, C Utilities Boa r
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EXCERPT
PUBLIC UTILITIES BOARD MINUTES
{ MAY 23, 1990
{ 6. RECEIVE A RESOLUTION FROM THE PUBLIC UTILITIES BOARD
I CALLING FOR REVISION OF THE CURRENT CHARTER WHICH WOULD
ALLOW THE PUBLIC UTILITIES BOARD TO HOLD EXECUTIVE SESSIONS
REGARDING LAND ACQUISITION AND PERSONNEL DURING PUBLIC
MEETINGS.
At the Board's request, staff prepared subject resolution
for consideration at this meeting. LaForte stated that he '
believed there is a glaring mistake in the City Charter and
the City Council needs to know that. Laney commented that
at the time the Charter was written there was no "Sunshine"
law in the State of Texas. It was felt that the Board
meetings should be open to the public. Thompson indicated
his agreement with the resolution and that the Council
should also be notified there are other matters pertaining
to charter revision that need to be considered, and this
represents only one of them.
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Chew made a motion to submit the resolution to the City
Council with the understanding that the matter of Executive e
Sessions represents only one of several items needing
correction. Second by Frady. All ayes, no nays, motion
carried.
The resolution as passed followsi
RESOLUTION
~ THE PUBLIC UTILITIES BOARD OF THE CITY OF DENTON HERESY 1i
l RESOLVESr
r SECTION 1. That the Public Utility Board, in upholding !
Its responsibilities to the citizens and rate payers of
Denton, from time to time, finds it necessary to review
matters relating to land acquisition, law suits and
personnel, and the Board believes that it is necessary to
` review such matters in Executive Session, ands
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r SECTION 2. That, due to a concern regarding the
interpretation of Section 12.07, (d) of the City Charter, +
` wherein it states "The board shall most at least once each
f month[ all meetings shall be open to the public and a
permanent record of proceedings maintained," the Public
Utility Board requestsi
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r~.. SECTION 3. That the City Council of the City of Denton
i initiate proceedings to effect a change in the charter of
the City of Denton that will authorize the Public Utility
board to hold executive sessions for purposes allowed by the
Open Meetings Act of the State of Texas.
SECTION 4. That this resolution shall become effective
immediately upon its passage and approval. 4
PASSED AND APPROVED this ___day of May, 1990.
Robert LaPorte, Chairman D
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