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HomeMy WebLinkAbout11-06-1990 r N a w"~ Y ' ]tr. i r. AGENDA CITY OF DENTON CITY COUNCIL y November 6, 1990 S Work Session of the City of Denton City Ccuncil on Tuesday, November 6, 1990, at 4:00 p.m. in the Civil Defe,.se Room of City hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: may be consideredthaii part of for tthe Work he Agenda Session n the Note: aAny lso item Regular Meeting. 4:00 P.M. new 1. Economic Developtent Director of the Denton Area Chamber of Commerce. 2. Receive and discuss an overview of this proposed storm water utility. 3. Consider a nomination to the Denton Central Appraisal Review Board. 4, Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in 99unty v. Cit.v i i B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. x 1. Continue evaluations of the City Attorney and Municipal Judge. y Regular Meeting of the City of Denton City Council on Tuesday, November 6, 1990, at 5:15 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following } items will be considered: ! 5:15 P.M. I 1. Pledge of Allegiance y i 2. Consider approval )f the minutes of the regular sessions of September 4, 1990, September 18, 1990, October 2, 1990 and October 16, 1990 and the special call sessions of August 28, 1990, September 11, 1990, 3 and September 19, 1990. r r i IrF r ,o City of Denton City Council Agenda i November 6, 1990 ` Page 2 3, Public Hearings A. Hold a public hearing on the proposed annexation v of 1367.12 acres located north of Crawford Road 1 at the intersection of Allred Road and 135W (A-59) (The Planning and Zoning Commission recommends approval.) B. Hold a public hearing and consider adoption of an 7y3 ordinance amending the provisions applicable to Planned Development No. 108 located on the east side of Carroll Boulevard between Prairie and ` Highland streets, to allow for signs in f accordance with Article 17, Appendix B, Zoning ` Ordinance. (The Planning and Zoning Commission recommends approval.) 4, Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff i recommendations. Approval of the Consent Agenda authorises the { City Manager or his designee to implement each item in accordance with the Staff recommendations. 4 Listed below are bids and pu-chase orders to be k approved tot payment under tho Ordinance section of the f agenda. Detailed back-up information is attached to the ordinances (Agenda items 5.A, 5.B, 5.C). This listing is to approval t of the allow ordinancel Members to discuss provided any on the item prior Consent Agenda A. Bids and Purchase Orders: 1. Bid 01151 - Wire, Cable, PVC Conduit 6 Cable Enclosure Boxes 1 p 2. Bid #1156 - Tires and Services 3. Bid 01157 - Automotive Filters 4. Bid #1158 - Copper Naphthenate Treated Wood Poles 5. Bid 01171 - Wire, Aluminum 4/0 6 2/0 6. P.0 010243 - Bouvier Hydropower, Inc. 7. P.O. #10248 - CLM Systems, Inc. . 8. P.O, #10650 Genera;. Electric 9. P.O. 010651 - General Electric i I l ,a l K.. wn ` i City of Denton city Council Agenda f November 6, 1990 Page 3 B. Plats and Replate 1. Consider the preliminary replat of the Denton Area Teachers Credit Union Additinn, Lot 1, Block A. 5. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of x contracts for the purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1151, 4.A.2. - Bid 111156, 4.A.3. - Bid 01157, 4.A.4. - Bid 011580 4.A.5. - Bid #1171) B. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from only one source in accordance with th provisions of state law exemption such purchases from a requirements of competitive bide. (4.A.6. - P.O #10243, 4.A.7. - P.O. 010248) C. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from ; only one source in accordance with th provisions of state law exemption such purchases from requirements of competitive bids. (4.A.8. - P.O #10650, 4.A.9. - P.O. #10651) D. Consider adoption of an ordinance approving an agreement between the City of Denton and Denton f City-County Day Nursery; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. I~ E. Consider adoption of an ordinance appruving an agreement between the City of Denton and Denton j County Friends of the Family; authorizing the Mayor to execute the agreement; and approving the x expenditure of funds thorefor. ` F. Consider adoption of an ordinance approving an agreement between the City of Denton and Services y Program for Aging Needs; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. ;I i f { r III Y l 'a ~ 9w City of Denton City Council Agenda t o November 6, 1990 Page 4 O, Consider adoption of an ordinance approving an agreement between the City of Denton and services execute n Needs authorizing tthe he to for mayor program expenditu,:e of funds therefor. H. Consider adoption of an ordinance approving a H release and settlement agreement of all claims i for pending litigation between the City of Denton and Olen Allan Smithers. I, Consider adoption of an ordinance approving an agreement between the City of Denton and Moore Business Forms, Inc, to provide for the donation of teal property to the City of Denton. 6, Resolutions 1 of a resolution postponing the approval 1990 to A. consider regular Council meeting of December 4, j December 11, 1990. supporting B. Consider approval OL a resolution statistical judicial action to effect a j correction of the 1990 census. C. Consider cE ppcctions of resolution Streett LromiLovell 1 clueing Street, Eagle Drive, Dallas Drive, and street as provided herein Walnut Board of resolution Directors. Sohn ' D. ane Consider to approval 2911 of McOc 7. Consider an appointment of a Deputy City Secretary. 1 S, Miscellaneous matters from the City Manager, 9, offiolal Action on Executive Session Items: A, Legal Matters / B, Real. Estate C. PersonnelD. Board Appointments I ~P I r emu" i City of Denton City Council Agenda November 6, 1990 Page 5 , 10. New Business: item suggest itemeofocetutureeagendas ar Council Members to 1 This 11. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Att. 6252-17 oaf - - V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g)• ADJ Art 6252-17 V.A.T.S. E NOTE: THE RESERVES ANYTITEM FOROWHICHNIT EXECUTIVE IS LEGALLY PERMISSIBLE. C E R T I F I C A T E I certify that the above notice of meeting was posted on the 1 bulletin board at the City Hall of the City of Denton, o ,clock day of 1990 at on the i (a.m.) (P.m.) CITY SECRETARY 3312C r k l!3 4 r y d F i i i I 1 I, f , L'.. VufM~ 1 1/1 I 1 % 1 fro"' i P CITY COtTNCIL i 1 f t y ~ c~oa~ 1 Q~~ O4 d J CT G~ ~ 1 a° o° e etc sr tt ~~Od 9 ~4p000GG~~ N_-A t 3 1 I 1 I rr aearP.~ I' a 4 . If!{ fi i i November 6, 1990 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM. Lloyd V. Harrell, City Manager i a ;:f RE: Receive Information on Storm Water Utility Development j RECOMMENDATION: The Denton Public Utilities Board, at their meeting of October 23, 1990, recommended thq Council establish a Storm Water Advisory Committee and appoint a Chairman for said Committee. BACKGROUND/SUMMARY: The world of storm water management is changAng rapidly. What I has traditionally been viewed by local govercments as a water quantity issue is now being challenged with new ag.gressive state ` and federal initiatives aimed at controlling the quality of storm water as well (See Exhibit II, Regulatory Concerns). i Historically, drainage system construction, operation and IE maintenance have been funded by Ad Valorem property taxes. Denton's operation and maintenance budget is slightly over $400,000 per year which represents two (2) cents on the property tax and the debt service for drainage bond fund projects probably represent at least an equal amount. Clearly a more equitable way is needed to pay for the present storin water "quantity" function plus the future storm water "quality" aspects of these storm water management costs. Therefore in 1989 the State legislature amended the Local government Code (Subchapter i C of Chapter 402, House Bill 1567) to allow cities to establish Storm Water drainage utilities. The legislation is designed to allow establishment of a utility user fee that could be charged to each property owner in proportion to that properties contribution to the cost of constructing operating and } maintaining a storm water system, including water quality monitoring and treatment, if required. Properties with more "run off" area such as parking lots etc, would pay a greater share than properties with more open space. However, it would also provide the option that such a property could provide a holding basin and slowly release the storm water, thus lessening the burden on the storm water system. In so doing, the user fee for this property would be greatly reduced. 1 ~YL11. MVM~ . k i s r Preliminary estimates are that the monthly fee would be between $1.50 - $2.50 for a nozmal 10,000 sq.ft. lot with a 1,800 sq.ft. residence. This type fee structure for the City of Denton would eliminate the $400,000 of funding requirements from the general government budget for the operation and maintenance of a drainage utility. By shifting the financial burden to a Storm Water Utility, not only would the costs of the storm water program be allocated to the appropriate storm water contributors but a corresponding decrease in property taxes could be realizRd. The concept of a city storm water utility has been implemented in other parts of the country, most notably the w3stern states and Florida. The City of Boulder, Colorado, has financed its storm water management program through a utility since 1474. The cities of Arlington and Bedford have established drainage j utilities. Other cities in North Central Testae and throughout i the state are presently exploring this option for assuring long-term financing of storm water needs and regulatory f compliance. In light of these emerging regulations, Denton must begin to evaluate the need for a storm water utility and 3stablish a more equitable methodology for the distribution o.' costs to the appropriate contributors. Because of the comple:<ities associate li with this development and the corresponding need to stay ahead of pending regulations, the Public Utility Board is recommending the establishment of a Storm Water Advisory Committee. The Advisory j Committee would solicit and incorporate the community's views on the development of an effective storm water program. The Public 'ltility Board has reviewed the issue of a Storm Water Utility at several PUB meetingb and has had one in depth technical review of the present storm water system, the future storm water system construction proSecti and the regulatory issues Involved. The PUB foels that there .:e sufficient issues j r relating to equity and future regulatory issues to warrant l{ further study and therefore have recommended a two phase approach to the City Council. The two phase approach is as follows: Phase I: Appoint a broad based community advisory committee to 1 study the issues and get input form the many different affected Interests in the community. This committee would be charged with advising the Board and the Council on whether the present and future storm water issues warrant the establishment of a Storm Water Utility. . awl i Phase II: If the Storm Water Utility Advisory committee does recommend to proceed, then they would advise the Board and Council on how to implement such a utility. Attached as Exhibit I is the Public Utility Board's recommendaV on on the mission statement and the suggested makeup of the Committee. VV ullyHarrell, ity Manager j 1 j f Prepared by: 1 , lrector Environmental Operations Appro d by: II R. E. Nelson, Executive Director Department of Utilities Exhibit I Mission Stmt/Schedule II State/Federal Regulations III Minutes of PUB Meetings i i i I, i / z EXHIBIT I, STORM WATER UTILITY ADVISORY COMMITTEE At the September 20 and October 17, 1990, Public Utilities Board Meetings, the PUB reviewed the pos3ible development of a storm water utility. 41: the October 17th meeting, the PUB agreed that it would be appropriate to recommend to the Council creation of a temporary Storm Water Utility Advisory Committee to help incorporate the views of various elements of the community in the issues involved with storm water. The TIUB requested a mission statement for such an advisory committee be developed before the recommendation to Council. The proposed Storm Water Utility Advisory Committee Mission Statement follows: "It s`,ill be the charge of the Storm Water Utility Advisory Committee to: a) Review and evaluate the necessity of establishing a Storm Water Management Utility for the City of Denton and submit an evaluation to the Public Utilities Board which shall include a recommendation of whether the City should pursue the establishment of such a Utility. b) Should the Committee recommend the establishment of said Utility, the Committee shall provide recommendation to the Public Utilities Board on the best method for implementing said Utility." j f j The Public Utilities Board further suggested the proposed Storm Water Advisory Committee membership could include: 2 Members of City Council 2 Members of the Public Utilities Board i 1 Member of the Planning 6 Zoning Commission 1 Memtter of the Planning Department i I 1 Member of the Community Services Administration Dept 1 Member of the Utility Administration Dept. 1 Member of the Parks b Recreation Department 1 Member from the Chamber of Commerce 2 Members from Local Business 3 Members from residential areas 1 Representative from the League of Women Voters 1 Representative from the University of North Texas 1 Representative from the Texas Woman's University 1 Representative from the Denton Independent School District 1 Industrial Member 20 Total Members The proposed meeting schedule is attached. i i t; t 1 9 P J 1 STORMWATER UTILITY I ADVISORY COMMITTEE MEETING SCHEDULE 1. FIRST MEETING - Date: To be determined. a.) Orientation 2. SECOND MEETING - Date: To be determined. a.) Olscusslon: Regulatory Requirements, Approaches to Meet Requirements, Existing Systems, Financing Alternatives, THIRD MEETING - Date: To be determined. f e.) Continued Discussion: Regulatory Requirements.. Approaches to Meet Requirements, Existing Systems, Financing Alternatives. 4. FOURTH MEETING - Date: To be determined. a.) Continued Discussion: Regulatory Requirements, Approaches to Most Requirements, Existing Systems, Financing Alternatlves. b.) Formulate Recommendation. F1FTN MEETING - Date: To be determined. a.) Fo rnulate Recommendation. { , f ' . I~ .yf 4aX f. EXHIBIT II STATE/FEDERAL REGULATORY CONCERNS r There are three major state/federal initiatives of particular interest to local governments. First, Section 319 of the Water Quality Act of 1987 requires each state to assess the nature and extent of nonpoint sources, and to cc develop a multi-year management program with Best Management Practices to address any problems identified. Second, Section 402(p) of the Water Quality Act of 1997 requires municipalities of 100,000 population or greater and certain industrial activities to obtain federal permits to cont=rol the quality of their storm water discharges under the National Pollutant Discharge Elimination System (NPDES). The U.S. Environmental Protection Agency drafted regulations in December 1988 which outlines the potential permit requirements. Final rules are expected in late 1990 (October 31, 1990). Finally, Section 26.177 of the Texas Water Code requires all cities with 5,000 or nore to establish water pollution control and abatement programs. The State Legislature in the summer of 1989 strengthened this section by directing the state to publish regulations and requiring all affected cities to submit their programs to the state for approval.. The Texas Water Commission has prepared draft rules. Currently, the regulation of initial concern is the amendment of Section 402 of the Federal Water Pollution Control Act which reaffirms and clarifies Congress' intent to include urban storm water discharges in the National Pollutant Discharge Elimination System (N;2DES) permitting program. The EPA is now in the process of writing permit application requirements pursuant to Section 402(p) of WQA. Permits for discharges from municipal storm sewers may be issued on a system or jurisdiction wide basis. Permits will require controls to reduce the discharge of pollutants "to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as appropriate for the control of such pollutants." The law is clear in the basic intent to reduce pollutants in stormwater to the maximum extent practicable. The law is unclear in directing how the program should be developed to accomplish this basic requirement. While municipal storm sewer systems serving populations over 100,000 and select industrial discharges are the first to be . covered under the permit program, all other storm water discharges will. require NPDES permits after the moratorium has ended on October 1, 1992. All municipalities will then be required to obtain permits for their storm water discharges. I t i r, a I MINU'T'ES PUBLIC UTILITIES BOARD September 20, 1990 Work Session- 4100 PM 1. CALL TO ORDER. Chairman John Thompson called the Work Session of the Public Utilities Board to order at 4:05 PM on Thursday, September 20, 1990, at the Service Center Training Room. Chairman Thompson welcomed the new Board Member, Ms. Carol Ridens and advised she is a CPA working for the Denton / Independent School District. Board Members in Attendance John Thompson, Chairman Lloyd Harrell Kenneth Frady R.E. Nelson Mark Chew Carol Ridens Roland Laney Staff in Attendance David Ham Bill Angelo Scott Lebsack Howard Martin j Bill Angelo Lee Allison Glenn Jaspers Jerry Clark Gay Racina +I Others in Attendance E Palmer Haines, Denton Record Chronicle Absent a Ernie Tulle-41.on Sick Leave 2. STORM WATER UTILITY PRESENTATION. 1 aj Introduction Nelson opwned the work session on storm water evolving in th by explaining some of the issues industry which make it necessary the city begin the decision making process at this time. He also reminded the Board that, as of January 1990, the City Manager i reorganized the city departments and placed storm water ; responsibilities under the administration of the Utilit consideration r to edeveloping taeutility psystem g out nofsLt. 10/17/90 1 3 Nelson then introduced Howard Martin, Director of. Environmental Operations and Financial Administration. b) Regulatory Requirements Martin distributed to the Board copies of an overview of his presentation. In an effort to bring the Board up to speed regarding current regulations and what the City will have to deal with from the standpoint of existing regulations, Martin advised that, as of 10/21/901 final regulations will be issued which will take into consideration a number of public comments and will clarify several issues for us. Martin showed a video tape to the Board covering regulations, key issues, and quality of discharge outlined in regulations. Thompson asked if, at the present time, Denton is included in those cities required to follow the new regulations. Howard advised no since Denton's population is less than 100,000. Martin advised that some of the issues that will be involved in establishment of a storm water utility are: 1) Major outfalls, 2) Field discharges 3) Procedure for sampling storm water drainage 4) Components of discharge S) Management program for construction sites f b) Management work for illicit discharge 7) Management program for individual activities/aroa 9) Management/commercial-industrial, 9) Definition of industrial act 1 10) Other activities, responsibility areas , requirements, 1,641 for approval. Thompson asked if by 1991 the city will have to apply for permits for individual kinds of waste we are involved in already. Martin stated that is a possibility. At this point, the new Board member, Carol Ridens, was sworn 1 in by Jennifer Walters at 035 PM. Laney commented that from the extent of the regulations that will be required, it appears the City would be well advised to set up a testing infrastructure now in order to get the . data base in place. Martin agreed with this since this is a if labor the intensive coand uld time identify consuming the activity. Toson Martin stated yes that process has begun. I 10/17/90 2 w i 9 i i c) Drainage Master Plan Activities (Jerry Clark) Jerry Clark, Director of Engineering and Transportation was Introduced. He advised that, in 1986, the voters E approved $450,000 to do master planning for the City of h Denton. in May 1990, ordinance f90-058 moved the city I out of 15 years under the old regulations. Clark reviewed briefly information in Ord. 90-058, stating such things as erosion control, etc., were not covered in the old document. Clark discussed new drainage design, drainage policy, runoff policy, etc. These policies tell the developer what as to be water construction and act as a "frame work" for what may eventually be required. Chew requested that copies of ordinance 90-058 be distributed to the Hoard. The City Manager stated that, traditionally, the City,of Denton has only dealt with storm water matters insofar as to prevent flooding. The city has not put more money in that effort. They 'have issued general obligation bonds to do results this ihas been n costs funded flood work in drainage unds. This All with property tax f being assumed across the board by the citizenry instead of being f borne by those causing the runoff. The new issue now, in E addition to quantity is quality. The storm water utility allows us to combine these two things and handle them in a professional manner. In this way, the City will be ready when the issue hits Denton, it is a much fairer system. The people who cause the problem will be the people who pay for the problem. It is more equitable to fund with a stormwater utility. A study is done and people pay a fee based on the runoff part of their property. i Thompson noted that, a few years ago, the main issue in town ! I was flooding. Most of the flooding problem has been solved. Clark added that the majority of Denton 's storm system has I been built since the 19701x. 1 d) Structural Requirements These issues were reviewed by Lee Allison. M Allison pointed out that the new regulations will not require Denton to spend a great deal of money on capital items. The Utilities have been in the storm water management business for some time. But EPA is in the very early stages of storm water management. Some of the Issues that Denton is faced with ares i 10/17/90 3 1 ` d per, 3 4 Y In order to minimize regulations does the city want to get involved upfront and help develop those factors and be a guiding factor? -Sources of Non-Point Source Pollution -Modeling ;comp) fundamentals, i.e., sensitivity,. statistics, analysis, etc, -Hydrologyi we iaill be dealing with small frequent effects. ' T -Runo!f quality control- settling will be a major issue with treatment -Best management practice represents definite physical improvements -Physical construction and ordinances will be part of the permitting process; building codes, design standards, types of grass, vegetation, new development will be affected. -Infiltration devices, i.e., parking lots, off line ponds, dry detention ponds, wet detention ponds, frogs to eat mosquitoes multipurpose design. Allison emphasized that the big question is does Denton jump out in the lead to prepare the community and give ` some direction to the regulation process, or sit back I and let someone dictate what we must do. Thompson commented that it the Utility builds these facilities, (detention ponds, etc.) what about grams cutting, maintenance, etc. would such a storm water utility turn into another bureaucracy? This is something that is going to affect a lot of people and a lot of departments. Nelson commented that more than tue five people currently on the Board will be needed to inform and educate the public. J Laney stated that flood control and quality control are compatible. He questioned how much the street department would dedicate to traffic control and how much to storm water control. Laney further expressed concern with multiple use and multiple responsibility for facilities, etc. He noted that staff is talking about street design, parks and recreation issues, etc., all coming together. c Martin commented that another consideration is the time and effort needed to educate the public. These are very important issues. i G ) r, 0 y A r s r e) Non-structural Requirements Maintenance Operations Bill Angelo addressed the Board stating that he is concerned about non-structural requirements, measures designed to eliminate or reduce the pollutants that go into the system such as a street sweeping program, development of ordinances that restrict use of chemicals/products, toxic spills, oil/fluid leaks from vehicles, zoning and land use, minimum lot sizes, green space, restricting development, protection of the watershed, construction controls, temporary erosion controls; the need to look at areas to increase the number of acres that will be dedicated to absorbing storm water, development/design standards, concrete road edging etc. Angelo stressed these items will be coming before the Board in tha future and decisions will have to be made. He stated the Utility must meet the criteria of technical efficiency, cost Effectiveness, and communication effectiveness or progress will not be successful. Nelson stated that the city will see, as EPA regulations come into place, products that will begin to come off the market to help the citizens and the utility most such criteria. Angelo then pointed out a list of equipment needed to do all that he has been discussing. The old equipment will need to be replaced and is now being used for drainage projects. Laney asked about what size work force will be needed. Angelo said it is difficult to say at this time. E Thompson stated that if Denton creates this utility district f and is in the process of estimating costs, etc., the next issue to be worked out is the income such a utility would i generate. He questioned how the people would be charged for the runoff. f) Major Issues-Steps for Establishing a Stormwater Management Utility (Nelson) i Nelson stated that In the legislature in 1989, there was an adjustment made in the state laws that allows utilities to set up for the purpose of operating a drainage utility. Some criteria to be determined area 1) The Boundary of the area to be served 2) Define by ordinance ` 4 3) Set up governing system for it and define responsibility areas of the Public Utilities Board 4) set up an ordinance regarding zoning, planning issues, etc., but basic maintenance and operation of such a utility remains with the Utility Department. . en /19 IAA { ~I N ~ 1 R i 5) Establish an "equivalent unit", i.e., 7-10,000 SF lot equals one equivalent unit and everything is based upon that standard. The city would look at the kind of runoff/pollution common to that standard unit, and a "quality modifier" is then added to that. for and pert basis, probably assessed on a per 6) would monthly most charge single family homeowner. 8) Other activities identified include: ' - Inventory every parcel of property in the city. It i - is believed that the tax appraisal district has a substantial amount of the information needed. Determine what constitutes an "equivalent unit". Develop a capital program Determine operating costs/annual budget Determine a per unit fee Prepare an ordinance for a storm water utility, conduct public hearings, community meetings and determine implementation and administration of the storm water utility. Set up a billing and collection system Nelson stressed this is a vary long process. There will be approximately 30-408000 accounts to set in place. Laney asked if the city would cut off electric, water or wastewater utilityaccount. Nelson o stated thise is not allowed by law. was No further discussion on this item. The work session adjourned by Chairman Thompson at approximately SOO PM. 1 I f r i s y i 1 1 ~ f `rtc.F..y i 1/■}■11 r i EXCERPT PUBLIC UTILITIES BOARD MEETING October 23, 1990 4. CONSIDER MISSION STATEMENT AND PRELIMINARY MEETING SCHEDULE FOR PROPOSED STORM WATER UTILITY ADVISORY COMMITTEE. ..ate Nelson discussed the activities that would be involved in Phase I development of a storm water utility. Phase I activities would involve the development of an Advisory Committee. Nelson asked the board if this was the appropriate direction. Should staff proceed in this direction. Thompson asked how to sell the community on this development and if this would be a function of the proposed committee. The general conclusion of the Board was that the Board would be the body to influence the community although the Advisory committee would assist. Tha primary function of the Advisory Committee would be to receive input from the community. Laney asked if there was currently any money budgeted for the facilitation of tho committee development. Nelson replied that there was a small amount of money available in the Water/Wastewater budget, but none in drainage. Laney made the statement that no one from the Planning Department staff had been included as a representative. Frady and Ridens both expressed that the final recommendation from the activities conducted by the Committee should come from the Public Utilities Board. k After extended discussion by the Board on who should be 1! represented on the Advisory Committee, Nelson suggested the addition of one member from the industrial sector and the one planning staff. Ridens asked if the Board should appoint a Chairman for the Advisory Committee. General consensus was that the council will probably appoint a Chairman. Chew suggested that John Thompson should be Chairman of the Advisory Committee. Chew made a motion to recommend to the City Council the development of the Storm Water Utility Advisory Committee with the addition of the three members to the committee bringing the total membership to 20. Second by Laney. All ayes, no nays, motion carried. 1 f !lIIII ~ e i CITY COUNCIL I I JIB ~,0~ o f a + J ~ ar I o c s o ~ aono~• ac~~°~°~ i i f ilr fe DENTON CENTRAL APPRAISAL DISTRICT 4. 3911 MORSE STREE'r OCT 2 6 M P.O. BOX 281a ( 4DENTON, TEXAS 7002.28ts 1 a17-Sfia-0906 JOE D. ROGERS. CTAIRPA/RTA `401 00 OF DIRECTORS; Chfal Appraiser JON BECK, Chairman JOHN 0. BROWN, RPA CLARENCE MYERS, Yioe-Chairman Deputy Chief Appraiser R"RD SMM Secretary JOE A. FORSYTHE TROY WHITE Deputy Chlet Appraiser-Administration HORACE BpOGX H E ti O TO: All Jurisdictions FROM: DCAD Board of Directors DATE: October 24, 1990 SUBJECT: Nominees To Appraisal Review Board Members The Board of Directors of the Denton Central Appraisal District requests that your jurisdiction nominate a candidate for appoint- ment to the Appraisal Review Board, To qualify for service on the Appraisal Review Board, a person must have lived in the appraisal district for at least two years prior to taking office. Members serve two-years terms, with approximately half the member's terms expiring each year. Terms begin January first, The law prohibits certain individuals from serving on the Appraisal Review Board. Appraisal District directors may not serve. Neither can officers or employees of the Appraisal District, a taxing unit served by the Appraisal District, or of the State Property Tax Board. An Appraisal Review Board member who has served all or part of three previous terms cannot be reappointed. Members who can not serve again are Charles Gladden, George Hardeoty, Jr., We C, Hendrixson, John S. Taylor, and George Lindquist. Please return the name of your jurisdictions nominee by December 1, 1990. Do not confuse-Appreisal-Review Board membercnominations with Board of Director. member, noMinst,iona. T i~ I G F ro . . FFF z FFFFF CITY T-Ml COUNCIL HE: FF i'~ j i t 6po~0 f p { t s ~ I I i { i f I 4 r , s CITY OF DENTON CITY COUNCIL MINUTES pZ AUGUST 28, 1990 The Council convened into the Work Session at 5:15 p.m. In the Civil Defense Room. PRESENT: Mayor Castleberry: Mayor Pro Tem Boyd: Council Members Ayer, Gorton, and Trent. ASSENT: Council Members Alexander and Hopkins 1. The Council held a discussion and gave staff appropriate direction regarding budget issues for the 1990/91 budget year. Council Member Hopkins joined the meeti..g. LLoyd Harrell, City Manager, stated that the format for the meeting would be a discussion of the major budget issues and I other items requested by the Council. General Fund Mayor Issues (1) General Fund - over the last few years, the Council had followed a fiscal policy of maintaining a General Fund undesignated and unreserved balance within a range of 81 to 10% of total expenditures. In balancing this year's budget, $575,000 of the unreserved balance was proposed to be implemented into the budget. This would reduce the projected unreserved balance to 9.7% of total expenditures. It was hoped that this would be a one-time reduction in the reserve. The 9.7% would be a worse case scenario. Council Member Alexander joined the meeting. Council Member Trent asked for some examples that a portion of the balance would be used for for one-time capital expenditures, City Manager Harrell replied major street work or to fund recreational centers which were now proposed to be postponed. Council Member Trent stated that it appeared to be a good move to take the $575,000 out of the balance because it was getting too high. Harrell replied that the Council had been traditionally comfortable with an 8-10i reserve. If it would get much more than that, the taxpayers might question why the Council was levying the amount of property tax that was being levied. A certain amount was needed to protect for unforeseen emergencies and disasters which might come into the City. Council Member Gorton asked if some of the reserve money could be used to off-set health benefits rather than pay raises. He asked how that would impact the reserve fund. 1 ` f IM^iriy y~ r ~1 rr G City of Denton City Council Minutes } August 28, 1990 fiy Page 2 Consensus of the Council was to hold the fund at the 9.7% and r utilize the $575,000 to balance the 1990-91 budget. (2) Revenues - The property tax alternatives were: (1) y $.6483 was the amount included in the proposed b»dget, would 1 finance the proposed budget and have enough money to finance as submitted with $367,000 extra, (2) $.6183 was based on the 1989-90 tax rate and would require an additional $225,000 to balance the budget, (3) $.6298 was the figure from the budget as submitted with salary freezes: (4) $.6553 was back to the effective tax rate with the same money as last year. Council Member Gorton stated that he could consider holding the effective rates to maintain what was had last year. The Council needed to look to the future and not just one year at a time. Sales Tax - Harrell stated that the staff recommendation was to keep the sales tax at a 2• estimate and continue to monitor the revenue source for any potential fluctuations. Other revenues - Harrell stated that the budget was based on about $100.000 worth of fees and charges that would be increased because it had been some time since that happened. Three methods were used to determine the increase in fees which 1 included a review of the 1983 Griffith Revenue Study which analysed fees and actual costs of providing service, taking those fee ?mounts and applying an annual inflation factor and compatir.g the amounts to the North Central Texas Council of Governments and other metroplex cities, and contacting each department director for input and recommendations. Approximately one-half of the amount was made up by increasing the ambulance service fee. Mayor Pro Tem Boyd cautioned that a foe might be raised too high so that there would be a decline in the use of the ! service. was the city making the service too high and running the risk of not receiving payment for the service. I Harrell replied that the percentage of ambulance pays was about the same because of the nature of the business. (3) Now Fire btation - The proposed budget had $150,000 to go towards the reserve f+md to increase the amocnnt to $6154000. That money would be used to cover the estimated $480,000 yearly operation and maintenance coats associated with the second station. Consensus was to follow the staff's recommendation to fund $150,000 to the reserve fund. i I Lam,,, YY1T~ I, i 4 1.., S Ctty of Denton City Council Minutes August 28, 1990 Page 3 (4) New Positions - Harrell stated that in the 1990-91 budget, there were no new positions recommended for the General Fund. Some positions and programs had been eliminated: animal control supervisor with a net savings of $20,200, a plumbing inspector with a net savingb of $39,500, a maintenance worker at the Airport with a net savings Of $11,000 and an intern and associated supplies/equipment for the Quest operation for a net savings of $11,000. In addition, it was proposed to hold several positions open: park ;Manner for one-half a year with a net savings of $20,000, a recreation specialist and a Civic Center supervisor for three-quartere of a year with a net savings of $18,000 per position. All of those affected positions net the City approximately $137,000 which was incorporated into the budget. Council Member Trent felt that the net savings on the Airport worker was not $11,000 but more like $6,000 due to the fact that the City would have to contract to cut the grass. Harrell replied that the gross figure was much higher, approximately $22,000, and approximately $11,000 was plugged in for contract mowing work. Thus the net savings would be $11,000. A discussion was held by the Council regarding the maintenance worker at the Airport and the other positions affected by the proposed budget. i Consensus was to look at all of the positions at a later date after further budget discussion. R (5) Salary Adluatment - Harrell presented the following Alternatives for possible salary adjustments. The adjustments r I would allow for a modest salary increase for employece from a high of 3.1% to a low of 1.3t: #Is - would provide a 2% market adjustment effective October 1. 1990 for all employees with $25/month/employee for insurance costs effective January 1, 1991. Average yearly salary adjustment per employee would be 2,08% for 300% of the employees. That would cost the General Fund approximately $466,000. Olb - would provide a 2% market adjustment but would be delayed from October 1, 1990 to January 1, 1991. The cost if the adjustment were effective January 1, 4 1991 would be $380,000 with a 1,56% average yearly salary adjuatm6nt per employee. i i y. City of Denton City Council Minutes August 28, 1990 Page 4 The advantage of package $1 would be that it wo.Ald help with recruitment, all employees la the organization would receive the same beneE:t and it would cover all of the health insurance J:icreases that would be experienced. The disadvantag:i; were that the market adjustment was not based on merit, the employees would recognize the $26 per month health insurance supplement this year and would be well received but that that would probably be soon forgotten, and it froze merit increases for City employees with possible litigation for Civil Service employees. M2a - this alternative restored the merit and Civil Service step program and .,ould be effective October 1, 1990. A $25/month health insurance supplement would be effective January 1, 1991. 621 of the employees would be eligible for a salary adjustment with an average salary adjustment per employee of 2.58%. Cost of this alternative would be $387,000. 02b - in this alternative, merit and Civil Service M step programs would be included with an effective date of January 1, 1991 plus the !25/month health supplement effective January 1, 1991. Again the percent of employees eligible to receive salary adjustments would be 62% with an average yearly salary adjustment per employee of 1.33%. The cost of this alternative krould be $316,000. The advantages would be that it was close to the current system and took away the litigation threat. The disadvantages were that many employees would not get an increase othj:c than the $25 health insurance supplement, employees would soon loose track of the supplement, it did not help with recruitment, and the delay of three months would build in costs for the next budget year. ~ I N3a - this alternative, effective October 1, 1990, would provide a merit increase for those eligible and would be coupled with a one-time payment for those at the top-of-the-range based on an evaluation and performance for up to a 2% increase. 100% of the employees would be eligible for an increase with an average yearly salary adjustment of 2.25% per employee. The cost would be $393,602. O b - would provide the same benefits as M3a with an effective date of January 1, 1991. The cost would be $3274980 with an average yearly salary adjustment per employee of 1.6%. I NOVA i City of Denton City Council Minutes ` August 28, 1990 Page 5 r The advantages of 03 were that all increases would be based on merit except for Civil Service, the one time payment for people at the top-of-the-range would not be built into the base budget, the merit system would remain, and all employees would be eligible for some type of increase. Disadvantages would be in the recruitment s s conceptand would have to bect well aexplained to the employees. who three, and employees five the eLt pAexander asked for the l f he-range for one, number at Member were Council years. Coun pay. Would that be ai benefiteor not. affect l tLe Member taaorton ke home asked 04 - would offer merit increases and annual market adjustments by pay ranges. The lower pay families (Service/Maintenance, Clerical/Office Support, higher would receive Technical/Para-protessional market increase. Seasonal) paid areas (Professional. Management/supervision, Fire, Police and Executives) would receive a 2% increase. The cost would be $466,000 with an average yearly salary adjustment of 3.13% per employee. The advantages were that it was the most similar to the current pay program, all employees would get some type of increase, and helped with recruitment. Disadvantages were that non-tderit increases were built in, in order to afford the option, all was keyed to a January 1, 1991 implementation date, and costs would be built in for the next year. Council Member Ayer asked for a comparison of tax rates to fund the increases, the Harrell budget, the current tlevit theta Were no y wher, proposed wast$e6463,ts If in that rate were used, increases. The effective rate of $.6553 would l provide d $505,000. (6) Benefits AdluaSments - Harrell stated that there was no choice in relation to the Fire Pension contribution. This was the last year of the phase-in. (7) Sher Ace acv rontcibutions et, a submitted Services tcouncil, had stated humanthat sethe rvicescurrent funded dgat the amount of $101,520. if the contribution were held even, the amount :lould be $115.600. If that were done, $14,000 of additional revenue or additional expenditure cuts would have to additional $A 10% cut in 3,000 would be needed;ouletaffg recommendationawas an 10% decrease. Y i` i tl City of Denton city Ca'incil Minutes August 28, 1990 Page 6 Transportation - this item showed a 10% cut at $41,400. The proposed budget indicated the $41.400 figure. (8) Tax Exemptions For Persona Over 65 - Staff was recommending an increase of the exemption by $1,000 which would place the total exemption at $19,000. Cost to the City would be $14.627. (9) improvements o a - The same recommendation was presented as before n postponing the building of a new library, two recreational centers and a law enforcement center until the economy improved. (10) Improvements - If an additional $.02 tax increase were mplemented, $370,000 would be generated to allow an additional 7 miles of street to be done. If additional cuts were made in the budget, this would be an area to redirect any additional money. (11) Budoet Reductions - The following were proposed budget reductional (a) eliminate the funding to youth athletic officials - this would net the City $15,500. The Parks Board recommended either to fund the officials or to eliminate the administrative fee for persons participating in youth athletics. (b) Potential Court Judgments for Flow Hospital - the $200,000 was eliminated. (o) Auto Accident Liability - $50,000 In budgeted savings would be realized. (d) City Hall Roof Repair - This was the one area in which a Certificate of Obligation was needed for the next year. I Other Fund Maior Issues Proposed rate increases were: 1 Electric - no rate increase Water - 9.97♦ Wastewater - 9.46♦ Refuse - 6% Sanitation - 6% increase Harrell continued that the rest of the back-up consisted of questions from the Council expressed at earlier meetings. l i 1_~ i ~l S City of Denton City Council Minutes August 28, 1990 Page 7 Harrell stated that the Mayor had requested he spend some time on the issue of Training/Travel. He felt that there was some very real inherit value in training. It one looked at the entire budget, only 4/10th, of It of the budget was spent on training/schools/seminars. The General Fund operation total amount for training/schools/seminars in actual dollars was down approximately 3t over last year and adjusted for inflation, decreased the figure to 8%. Most of the increases were in only three different line items. one in the Fire Department where training would be for 15 paramedics, the second in Engineering/Data Processing for GIS, and the third for training r, for a new librarian. If those three were taken out, the actual increase would be 8% and adjusted for inflation would be 131. Discussion was held by the Council concerning travel expenses, room expenses and conferences. The Council convened into the Special Called meeting at 7:00 p.m. in the council Chambers. PRESENT: Mayor Castleberry, Mayor Pro Tem Boyd, Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: None 1. The Council considered a motion to approve the 1990/91 hotel/motel tax recipient budgets as presented and submitted to the City Council. John McGrane, Executive Director for Finance, stated that according to state law, each of the recipients of the hotel/motel tax had to submit to Council for approval their budgets, Each of the organizations had done that and were reviewed. The City Attorney felt that one motion would cover all the budgets which included the Denton Convention and Visitors Bureau, the Greater Denton Arts Council, the Greater Denton Acts Council Building Fund, the Denton County Historical Museum, the Denton County Historical Foundation and the North Texas State Fair Asbociation. i Hopkins motioned, Gorton seconded to approve the 1990-91 hotel/motel tax recipient budgets. On roll vote, Trent "aye," I Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously, t 2, The Council received a report and gavw staff appropriate direction concerning alternatives for the Martin Luther King, Jr. Outreach Library Program. I I 1 i r City of Denton City Council Minutes August 28. 1990 Page 8 i t Lloyd Harrell, City Manager, stated that per council direction, staff went back and looked at the Outreach Program which was schedule to be discontinued, to see what kind of options the City would havo to continue the program. Several options were presented from continuing the existing program in its present f purchasing a orm with current hours to a program which would involve advantages andoodisadvantages thadc been nidiscussed, Staff option, recommending Option V in which the Literacy Center would provide children with recreational reading materials in the form of periodicals, popular paperbacks and hardback books. Included in that option were (1) volunteer staff would be provided from NICE, MLK Advisory Board Committee Members, NAACP Youth Group, members of the Community with RSVP coordinating and scheduling the group; (2) the Parke and Recreation Board had approved the use of the two meeting rooms to the left of the entrance of the Center. The Literacy Center would be open 10 hours per week with procedures for use of the building provided to RSVP; (3) library cards would be issued and materials provided by the Library and added to by members of the community. Magazine subscriptions would be paid for by local fraternities, sororities, and members of the local community. These subscriptions would be arranged by the Collins Youth Council; (4) Friends of the Emily Fowler Public Library would match up to 4500 contributed by other community groups to purchase a wide assortment of paperback books; (5) procedures would be developed for the material collection by the Library staff. Training of the RSVP volunteers would also be provided by the Library staff; (b) the project would be evaluated after six months and the status would be reported to the Council and (7) SPAN would provide transportation for any child who wanted to come to the main library. This proposal would provide Southeast Denton a Literacy Center in the neighborhood, fully maintained and operated by the residents i with local donations. There would be no impact on the 1990-91 budget, However, with the normal use of the collection, there j would be an estimated replacement cost of materials of approximately $2,000.00 in the next year's budget. The Center I should be opened by September 10, 1990. 1 C Board ouncil Member Gorton stated that the minutes of the Library that the MLK would Advisory managed Board yrethe ported to the Parks Board which reported to the Cou n il. What was the line of responsibility. City Manager Harrell replied that the Library Board would have no direct responsibility in the day-to-day operations. RSVP would coordinate the daily supervision of the program. Ole r.r. l MCI r1 F Fi City of Denton City Council Minutes August 28, 1990 Page 9 Council Member Gorton asked who would be responsible for the ultimate answer with a problem. Joella Orr, Librarian, replied the ultimate answer would be to the Library Board. Council Member Ayer stated that SPAN was not mentioned in the agreement and as they did play an important role, they should be included in the agreement. Hopkins motioned, Alexander seconded to accept Option V. on roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Dorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "dye." Motion carried unanimousl1+. 3. The Council convened into Executive session to discuss legal matters, real estate, and personnel/board appointments (considered an appointment to the Public Utilities Board). No official action was taken. With no further business, the meeting was adjourned. BOB CASTLEBEERY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON i 3297C ~ ~I CITY OF DSEPTEyggERY4CO1990 MINUTES m. in the The Council convened into the Work Session at 5:15 p. Civil Defense Room. , Council r Castleberry: Mayor PC( Tom Boyd. PRESENT: MayMeombers Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: None Session City Council convened into the Executive s 1 The , tters (considered action in E%2-102Y-6-1 discuss legal ma nsidered and Cc considered action cIn clai,14 onstructinnf problems lsat~ 14LK Recreation action regarding and per ison9 nnel/board appointments Center). Leal estate, and alternate voting (considered appointment of a ~o t app e Ann~oningCo`ya k sFOrce and eeonsideredetan delegate to th ointments to the appointment to the Public Utilities hoard.) The Council received a presentation and hold a 2 Proposed water, wastewater and solid waste discussion regarding rates. resented the Bob Nelson, Executive Director of Utilities, presented steps on rate making which included revenue requirements. customer a classes. Allocation of the allocation functionalization of costs, allocat of coats among cus Water costs determined that a 9.35% inrease was needed te sidenti 1 Customers, & 12% increase for commercial customera~ a 10% increase for raw water customers, and a 3% increase or r wholesale cuitomers. A smaller water customer (7500 gallons per. month) with present rrateates of of $22.40 $20.63 P01 would month. pay a monthly increase of $1.76 or a per month) currently paid $26.26 and the ( pr10,000oposed incncrree gallons increase p would pay $27,40, a $2.15 increase. with customer A large customer (40,000 gallons per month) whose current rate mont was $99.75 would Avcomman increase of ercial customer 7wouldhgohfrom a ratehof cafe of o! $106.40. $95.50 to $105,25 which was a $9.75 increase, The analysis of the existing wastewater rates indicated 1991 lose venues of !$7 of $50 .209•$6with,ratesnaseproposed, wastewaterlrevenusawould be increased by 9,46%, resulting in a net gain of $106,907. of The rate design indicated a 13% increase in residentThe service, a 5.75% increase in commercial) service, these year restaurant rate was in the second Y program. The car wash rate was still in a phase-in process. There would ot pollutants an exemption for companies with low discharges which had x and administrative transfers. uincreasebin services asked 8 i I I u 8 City of Denton City Council Minutes September 4, 1990 Page 2 Nelson replied that services included purchased water from ument resulting is in in twos lbud ineal its s to had correct entheed error. Administrative Transfer was the amount which was figured after all the numbers were in. Bill Angelo, Director of Community Services, stated that a w., increase across-the-board was being proposed in solid waste service. That would be equal to a $•56 increase for a residential customer. Landfill disposal rates would be raised from $2.81 to $3.00 a cubic yard for all material going into the landfill except for residents depositing items. The increase M' uld raise approximately $200,000 in additional revenue which would be used to maintain the current level of service, accomplish several tasks needed at the landfill requested by the Texas Department of Health and expand the recycling programs. T Council to hold a discussion rdinanceamending fencing and gate requireme requirements regarding for swimming pools. This item was held for the Rojular session for discussion. 4. The Council held a discussion and gave staff appropriate direction regarding budget issues for the 1990/91 budget year. Lloyd Harrell, City nager. uciled information in response additional questions (1) Amb++lance Faes - Mayor Pro Tam Boyd had asked tog more information regarding what other communities were doing and what the affect was when presented statistics l regarding e those raised conceriew goats ago. i (2) inQS which_wQtl19_~reali ed it the nositlons taLaeced ~r d°lawd h c na were eld ooenod for a full Year - Harrell f stated that the savings would be $32,000. i (3}+mbe of emvlovees at tae of the ranaa and for ltncth of Personnel presented a detail of the seven pay plans indicating the number of employeee at the top of the rangy and for how long. (4) Elect i~ aeY,~1L4~P14Y rAti h me av cesuitina in the Mme sum oavment in Alternat ye 4!7_ - Personne presented the detail in each pay plan for an average employee in each pay plan. 1 ru~+v `i i 1G, i City of Denton City Council Minutes Y September 4, 1990 Page 3 Administrative_coets for recreation activities - A recap (5} of a previous survey was included indicating how surrounding cities offset the administrative costs. wouldEbeireviewingethat i sue with the Public Utility Boardtment (7) &lternative iF3 oay plan orouoeal - Clarification regarding ;ht~, Alternative 03 which did include an adjustment for loo% of the City's employees. (B) city, costs for mowing at the Airport - Upon further analysis, staff felt that for the amount or money which was thevAirport onh anbovertime basis fivel ime pet year, able to mow Harrell stated that SPAN had submitted a letter to Council Asdproposedtin theab dget wr.so implem ntedt the lundinq reduction Council Member Trent indicated that he had asked the Controller earlier in the day to run some numbers from the budget based on a 10% reduction of some items in the General Fund. Those items included books/magazines, small tools, qdn-oil-diesel, unitorms, vehicle maintenance, telephone, special services, travel, dues/publications,incMotor inolthere b ck-up t,ageand schools/seminars. (Copy information.) City Manager Harrell stated that staff was now looking to Council on how to proceed, There were two logical ways to look at tine item details. One was to go back and compare a detailed listing o! all the expenditures which had been approved under those categories. As managers o! the I departments, it was felt that only legitimate expenditures had boon included, The second alternative was to go back to each o! the line item categories and present to Council a description 'f what was included, the policy that the City was operating under and then present alternatives about changes in betterpthan an arbitrary percentagerreductionBe approaches were Council Member Alexander stated that routine percentage decceasee in any category without careful thinking of the policy and the results was a poor policy and poor planning. He was against that type of reduction, if something was going to theccitizenspcouldoseeeandeknow whatbservicehwas cut,Council an8 i ~ T City of Denton City Council Minutes September 4, 1990 Page 4 Mayor Pro Tom Boyd asked if cuts were implemented in the electric fund, waterlwastewater fund, that would not be automatically available without an increase in the administrative transfer or allocation to the general budget items. City Manager Harrell replied correct. Mayor Pro Tem Boyd stated that to make the funds available that Council Member Trent was suggesting, the cuts would have to be made plus significantly increase the administrative transfers to those funds. City Manager Harrell replied that legally it could not be done. There was no way to get money from the electric fund back into the general fund. Mayor Castleberry asked how much time was involved in preparing materials for Council consideration of the second alternative. city Manager Harrell replied that if staff worked through the weekend, perhaps it would be available on Monday. t Council Members Ayer, Gorton and Hopkins stated that they agreed with the statements of Council Member Alexander. Mayor Pro Teti Boyd agreed with Council Member Gorton in that the Council w.+s proposing a tax decrease or perhaps keeping the current tax rats. He felt it was inappropriate to cut services bete and th+:e so that taxes could be cut even more than what was. proposed. There was a responsibility to provide services j and not to just cut taxes. A specific item needed to be I examined if it were to be cut - why was it being cut, what would be lost, what would be gained and not just cut a line item. f Council Member Trent stated that he felt that the budget had not been cut enough where it could still provide services but that the "fat" had been eliminated. Council Member Gorton stated that tie did not think it was economically feasible, at this point in time, to bring staff in on overtime to create the kind of numbers asked for in such a short period of time. Council Member Alexander stated that he had received an enormous amount of informstio.i from staff regarding the budget. He suggested that if anyone wanted to propose a cut, let that individual suggest such a cut rather than staff trying to prepare such information, He was not in favor of staff, at this point in time, going back and effectively resubmitting a new budget. It was lot good policy and not good use of staff time, It was the Council's responsibility now to propose a out if anyone had one to propose. i i fowl I 1 c ` City of Denton City Council Minutes September 4. 1990 Page 5 Council Member Trent proposed a 10% cut in the items he previously presented to Council. The Council convened into the Regular Session at 7;00 p.m. In the Council Chambers. *r.Y PRESENT: Mayor Castleberry; Mayor Pro Tom Boyd; Council Members Alexander. Ayer, Gorton, Hopkins and Trent. ABSENT: None 1. The Council considered approval of the minutes of the work session of July 31, 1990. j Gorton motioned, Trent secolded to approve the minutes as presented. Motion carried unanimously. The Mayor presented a proclamation for D.A.R.E. Day. 2. The Council received a citizen report from Jo Montague regarding denial of a claim for a lost bicycle. Me. Montague stated that she was making an appeal for payment for the cost of a lost bicycle. She stated that her claim had been denied by the City's insurance company as the city was not negligent for the lose of her bicycle. Ms. Montague stated the Police Departm9nt had picked up her bike after it was reported abandoned. it had since been stolen from the impound yard and she was requesting Council make a motion to have the bicycle replaced. Mayor Pro Tom Boyd stated that the item was not on the agenda as an action item and the Council could only receive Ms. Montague's report. Debra Drayovitch, City Attorney, stated that the City was self-insured and based on the claim representative's investigation, the claim aas denied. 3. Public Hearings A. The Council held a public hearing and considered approval of a resolution modifying the Denton Development Plan to change the boundaries of Study Areas No. 23 and 24. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. I i 7 nq u i i F (G I City of Denton City Council Minutes September 4, 1990 Page 6 No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Frank' Robbins, Executive Director for Planning, stated this item and the next were very closely related. He would be speaking for both items. This was a City-initiated zoning case in which the Planning and Zoning Commission directed staff to consider rezoning an area. The resolution would move the 21-acre Fairgrounds site from a low intensity study area to a moderate intensity study area and enable review of the zoning case under the "least intense, most logical" standard of the Denton Development Plan. Council Member Gorton stated that only the Fairgrounds boundaries would be changed. Robbins replied correct. only the Fairgrounds area would be moved into the moderate activity canter. Council Member Trent stated that he understood at two a neighborhood meetings, the residents were in favor of commercial zoning rather than general retail. Robbins replied that at the two neighborhood meetings and the public hearings, there was clearly a consensus to prefer straight commercial zoning. A fairgrounds was a use permitted i by right in the commercial district. It was not a use that was permitted by right in a general retail district but instead required a specific use permit. The commercial zoning would allow the Fairgrounds to expand and change the site without any other limitations. The concern by staff was some of the uses, by right, in the commercial zoning. The following resolution was considered: NO. 90-047 A RESOLUTION AMENDING THE BOUNDARIES OF INTENSITY a AREAS 23 AND 24 OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN AND PROVIDING FOR AN EFFECTIVE DATE. Boyd 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. i r City of Demon City Council Minutes { September 4 1990 , Page 7 B. The Council held public hearing and considered adoption of an ordinance changing the zoning classification from single-family (SF-10) to general retail (GR) on a tract of 21 acres immediately west of Carroll Boulevard. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: I NO. 90-123 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE-FAMILY (SF-10) TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR TWENTY-ONE (21) ACRES OF LAND LOCATED ON NORTH CARROLL BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye." and Mayor Castleberry "aye." Motion carried unanimously. C. The Council held a public hearing and considered amending the zoning Ordinance to exempt a certain area within the Central Business (CB) zoning district from regulations relating to on-premise consumption of alcoholic beverages and I separation between such establishments, and churches, schools, hospitals and residences. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. David Biles, volunteer attorney for the Central Business District, stated that recently there had been a concern about the downtown economic development. The proposed ordinance had to do with on-premise consumption of alcoholic beverages" The current ordinance specifically prohibited the consumption or sale of alcoholic beverages within 300' of a church or 100' of a residence. Recently, a church moved into the F1nE Arts Theater on the Square. Also there was currently a move to rent apartments on the second floor of a buildings on the square. There was concern that economic dev lipment in the future might be hampered due to the distance regi ':ion. i 1 I ~acw., tlaw k i 1 rv!-n~~ ~ C L M J City of Denton city council minutes September 4. 1990 Page 8 No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director for Planning, stated that the Planning and zoning commission had recommended approval of the proposed ordinance. The business, church, school or residence all had to be within the proposed area in order for the exemption to be effective. The following ordinance was considered: NO. 90-124 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING A SPECIAL EXEMPTION AREA IN THE CENTRAL BUSINESS DISTRICT; AMENDING THE PROVISIONS OF APPENDIX B - ZONING OF THE CODE OF ORDINANCES TO EXEMPT BUSINESSES SERVING ALCOHOLIC BEVERAGES IN THE SPECIAL EXEMPTION AREA FROM THE REQUIREMENT FOR SPACING FROM HOSPITALS, SCHOOLS, CHURCHES, AND RESIDENTIAL DWELLINGS LOCATED IN THE SPECIAL EXEMPTION AREA; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Cotton seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye.' Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending the development phasing schedule for Planned Development District PD 126 (Lakeview) and providing for an effective date. (The Planning and Zoning Commission recommended approval.) I Frank Robbins, Executive Director for Planning, stated that this was a second extension for Lakeview which extended the development schedule for five years. The Planning and Zoning commission recommended approval. The Mayor opened the public hearing. Illeana F9tnandez, RMB Realty, requested an extension of the development schedule for five years. The Planning Commission had recommended approval. Mayer Pro Tom Boyd asked if the first year would be moved back fiva years or would the last year be extended five years. 1 i „At V.\M i 1 I ' i ~rr 1 I City of Denton city council minutes September 4, 1990 Page 9 Fernandez replied that all of the time periods would be extended back five years. She stated it would not take that long but they wanted the option without having to come back and continually extend the time period. i M. C. Birch spoke in opposition. He stated that RMB had made a F promise of a road connecting Highway 380 and 135. There was a need for that road and the company needed to continue with its promise and build the road on time. The Mayor closed the public hearing. Mayor Pro Tem Boyd asked if the time period could be shortened M ~ without having to readvectise. Council Member Hopkins asked why he would want the time shortened. Mayor Prc Tem Boyd replied that much intensity/density had been assigned to that area which would inhibit the development of the area near it. If the property was not going to be developed, it was inappropriate not to allow others who wanted to develop in the area. Council Member Hopkins stated that there was a lot of intensity on Loop 288 and Teasley. In this economic time, there was a lot of difficulty in developing property. She felt that no one else would be able to develop the property. Mayor Pro Tem Boyd stated that five years might be too long of a delay. The last proposal from the group on extending was tot one year and now it was up to five years. The economic climate now might require a delay but maybe not a five year delay. The following ordinance was considered: NO. 90-125 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DEVELOPMENT SCHEDULE FOR PLANNED DEVELOPMENT DISTRICT NO 126 (LA.KEVIEW): AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to adopt the ordinance. Boyd motioned, Alexander seconded to amend the main motion to change five years to three years. The dates in Attachment I would reflect three year dates instead of five year dates. On toll vote, Trent "nay," Alexander "aye," Hopkins "nay," Gorton "aye,"-Ayer "aye," Boyd "aye," and Mayor Castleberry "nay." Motion carried with a 4-3 vote. i A I' j w a pf b r City of Denton City Council Minutes September 4, 1990 Page 10 The main motion, as amended, was then considered. On roll vote, Trent "aye." Alexander "aye," Hopkins "nay." Gorton "aye." Ayer "aye." Boyd "aye," and Mayor Castleberry "nay." Motion carried with a 5-2 vote. t E. The Council held a public hearing and considered adoption of an ordinance amending the development phasing ;rst schedule for Planned Development District PD 132 (SOUthview) and providing for an effective date. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. I Illeana Fernandez, RMB Realty, again asked for an five year extension of time as it was not possible to build at the present time. No one spoke in opposition. The Mayor closed the public hearing. The following ordir-ince was considered: NO. 90-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DEVELOPMENT SCHEDULE FOR PLANNED DEVELOPMENT DISTRICT NO. 132 (SOUTHVIEW); ANL PROVIDING AN EFFECTIVE DATE. Boyd motioned, Alexander seconded to amend the ordinance to change the five year time frame to three years. On roll vote, k Trent "nay," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "nay." Motion carried with a 5-2 vote. F. The Council held a public hearing regarding the adoption of the proposed 1990-91 City of Denton Program of Services. The Mayor opened the public hearing. Steve Pickett, speaking for SPAN, stated thai7 SPAN was a vital link to Denton and other Denton County communities offering i mobility to those who would otherwise be left stranded or homebound or dependent on others for the provision of basic needs which were currently assessable through SPAN transportation. A cut in funding would seriously affect those who could least afford it. A funding cut would result in a decrease in SPAN services and a decrease in quality of life for those who were SPAN ciders. r , 1 r.. City of Denton City Council Minutes September 4, 1990 Page 11 P Al Murdock, Executive Director of SPAN, felt that SPAN had improved the quality in life in Denton. He stated that more than half of the money received from the City was in the transportation area. Approximately 28,000 door-to-door trips in nenton were provided each year for older persons. The HarGihc;+ ppo7ram was for persons below 6S years of age with JC at:1'0,s ;.nd provided 11,300 trips during the working Foura. The taxi subcontract was used for weekends and evening: "i. money received from the City was used for local matching tltfor money from the State. As a result of a cut, SPAN would loose $13,143 in transportation money if the City imposed a 10% cut. That would result in a decrease in services. He requested the council to fund the full amount requested by SPAN. Marlina Oliveria, a Handthop rider, stated that she depended on SPAN to take her to and from work. If there were a cut in funds, there would be a cut in contracted services which would prohibit her going to work, the grocery store, the library, etc. SPAN services provide independence to the handicapped and she asked that the funds not be cut. Ginnie McAdams spoke on behalf of SPAN. She stated that the Board and staff of SPAN had already looked at the budget and were always looking for more ways to get money. Besides taking away transportation, the proposed cuts would lower the quality of life for the elderly and handicapped. Visiting executives to the City would consider such quality of life when considering Denton for a new business location. She asked that the Council look at the choices available. Was everything else I in the budget more important than the $4,600 cut in SPAN. She asked the Council not to make cuts to SPAN and to find the $4,600 to restore to SPAN. E { John Thornton, Denton County Friends of the Family, stated that the shelter was for battered women and children. The shelter I was located in Denton and had 22 beds and a 24 hour hotline for crisis intervention. Currently, the shelter received $33,000 from the City which was critical for grant applications from the state and federal government. If funds were cut back in Denton, it would result in cutbacks in grant money available. They already had two grants cut this year and requested the Council provide them with the same amount of money as last year. Mayor Pro Tem Boyd asked if City money was used for m_tching grants for Friends of the Family. Thornton replied no that the grants they received from the state and federal government were specific to particular programs but very often those grants asked them to pick up part of the additional cost through local funding. 1 I r ' City of Denton City council minutes September 4, 1990 Page 12 a the e reduction stated would not affect the contribution reduce maor funding. Pro other agencies. Thornton replied that it would not directly affect the contribution but might affect the shelter's ability to accept certain grants if the grant did not fully fund the requirements necessary to accept the grant. sefrom did the budgetseparate rve other Council Member r other Hopkins asked Denton hborbudget Lewisville and other communities. Thornton replied that it also served Lewisville as it was Denton County Friends of the Family. Some support was given from Lewisville and Flower Mound. Kay Russell spoke for Friends of the Family. She stated that funding private Leessdonation ential to dmakhad a e it very the dedicated estff. given work. The services were essential and growing in Denton and Denton County. Ken Gold, Denton Firefighters Association, stated that the group was concerned with the proposals for pay plans, The group would receive the lowest pay raises by all employees. This was due to the fact that only seven or eight of the 5%. Whatever employees firefighters the were eligible gwouldfbe eligible for up while j was given across the board was what 90% of the Civil service that eligible only t feasible option budget was Option Noe Association firefighters felt -~,uld be They suggested looking at the size of the reserve fund for i funding options. Rather than targeting 9.75%, the Association 111 suggested the Council strongly consider a target of 9% in order to finance badly needed salary adjustments in the Fire Department. Council Member Gorton asked for further information concerning the firefighters who would not be eligible for as increase under Option N4 and if they were the sate employees who would rot be eligible under Option N3. ~ Dorothy Damico urged the council to accept the highest possible amount for funding the human services agencies. In these hard economic times, the need was more for human services. The Human Services Committee was recommending that the Council not institute the budget that would give a 10% cut across the board as many of the agencies would be hurt. Low cost health care was still a number one need in the community. ti ;r 1 City of Denton City Council Minutes a a r September 4, 1990 r Page 13 Adrian Anderson, Ann's Haven Hospice, stated that the Hospice had not received City funding for the last two years as they provided health care. They were asking, as that was no longer i restriction, to consider funding as the level requested. The request was determined on the basis of population and would be used for City of Denton residents only. The funding received from the City of Denton was used for matching funding for foundation grants. Jerri Sams spoke for AIDSDenton. She stated that the organization provided a number of services for persons with AIDS. Currently the program was run out of the executive director's home and they were asking for start up funds. She was asking for support of the Council. Future grant money depended on the amount of money received from the communities in Denton County. The Mayor closed the public hearing. 0. The Council held a public hearing regarding the adoption of the proposed 1990-91 tax rate. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. 4. Consent Agenda Mayor Pro Tem Boyd left the meeting. Ayer motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid 141126 - Microfiche Service 2. Bid 41135 - Crawler Dozier Tractor 3. Bid 41137 - Office Supplies 4. Bid 41127 - C.I.P. Sidewalk 5. P.O. 495641 - Total Abatement 6. P.O. 498811 - CTC 1 1 r .1 \ N 1 City of Denton City Council Agenda September 4, 1990 Page 14 r Y 7. Bid #1069 - Change Order 02 - Jagoe Public 8. aid #1104 - Change Order #1 - Atkins Brothers B. Plats and Replats 1. Consideration and approval of the preliminary replat of Green Valley Ranch, Lots 23R and 24R, Block A. (The Planning and Zoning Commission recommended approval.) r' Mayor Pro Tem Boyd returned to the meeting. 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (4.A.1. - Bid 01126, 4.A.2. - Bid #1135, 4.A.3. - Bid #1137) The following ordinance was considered: 1 NO. 90-127 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROV?DING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. i I Gorton motioned, Hopkins seconded to adopt the ordinance. 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 adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.4. - Bid #1127) The following ordinance was considered: J NO. 90-128 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. J~ r 7 City of Penton city council Minutes September 4, 1990 6 Page 15 I~ C. The Council considered adoption of an ordinance I providing for the expenditure of funds for emergency purchases I of materials, equipment. supplies or services in accordance with the provisions of state law exempting such purchases from Ih requirements of competitive bids. (4.A.6. - P.O. #98811) The following ordinance was considered: ui NO. 90-129 i AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM R REQUIREMENTS OF COMPETITIVE BIDS: AND PROVIDING FOR AN EFFECTIVE DATE. Cotton motioned, Ayer seconded to adopt the ordinance. on toll vote, Trent 11aye." Alexander "aye." Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye." and Mayor Castleberry "aye." Motion carried unanimously. l D. The Council considered adoption of an ordinance 1111 authorizing the execution of a change order to a contract between the City of Denton and Total Abatement System: and providing for an increase in the contract price. (4.A.5. - P.O. #95641) The following ordinance was considered: NO. 90-190 f AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEER THE CITY OF DENTON AND TOTAL ABATEMENT SYSTEM; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "ays," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and btayot Castleberry "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Atkins Brothers: and providing for a reduction in the contract price. (4.A.8. - Bid #1104) 1 1 a ,r J t City of Denton City Council Minutes September 4, 1990 a r"' Page 16 The following ordinance was considered: NO. 90-131 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND ATKINS BROTHERS EQUIPMENT COMPANY; FOR A REDUCTION IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. On roll * vote, Trent "aye,„ Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. authorizing thee executions of iaeLchange pordero toa a ocontract between the City of Denton and Jagoe-Public; and providing for an increase in the contract price. (4.A.7. - Bid #1069) The following ordinance was considered: II 1 NO. 90-132 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE PUBLIC CONSTRUCTION; PROVIDING FOR AN INCREASE I IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer llay4," Boyd "aye," and Mayor Castleberry 11aye." Motion carried unanimously. E G. The Council considered adoption of an amending Section 5-176 of Chapter 5, t ordinance of the Code of Ordinances of the City ofl Dentonuirelating Code) fencing and gate requirements for swimming pools; providing for a penalty in the maximum amount of $500.00 for violations thereof; providing for a severability clause; and providing a repealing clause. (The Building Code Board recommended approval.) Lloyd Harrell, City Manager, stated that th t firefighters had suggested taking a comprehensive look a" the swimming pool ordinance governing private pools to see if changes needed to be implemented to improve the safety of thoas pools. At the same time, several outside agencies had contacted the city with suggestions for improving the city's pool ordinance. I I , T T _ - - Ole- w ~ i i x 5 City of Denton City Council. Minutes September 4, 1990 Page 17 Jackie Doyle, Chief Building Official, stated that one of the individuals who had contacted the City was the Director of the Pediatric Intensive Care Unit at Children's Medical Center - Dallas. He asked that the City review the fencing requirements for pools and if necessary, amend the requirements in order to reduce the number of injuries and drownings of small children. With that in mind, the Building Code reviewed the current ordinance as well as several other ordinances from other cities in the area. The current ordinance was very brief and did need to be uEtiated. The current ordinance stated that all private pools needed to be fenced by a five foot fence not easily climbable by small children. The Building Code Board recommended that requirements for self-closing, self-latching gates be added plus a minimum 60" tall fence. Doyle stated that gates should be 4' tall with a latch 40" above exterior grade if located on the pool side of the fence. A latch on thn non-pool side of the fence should be 54" above grade and that all gates be self-closing and self-latching. Doors that opened directly to the pool area with only one latching device provided must have the latching device at least 40" above floor and not to exceed 48" above floor. Any accessory building which was part of the pool enclosure could have a door on the pool side or a door on the non-pool side but not on both sides. New pools would have to comply with the ordinance as soon as it was adopted and existing pools would have to comply before May 30, 1991. A list was being complied so as to 4 contact pool owners as soon as the ordinance was adopted. k Council Member Hopkins asked for a definition of a } self-closing, self-latching device. 11 Doyle replied that it was a spring loading, spring latching device. Discussion was held concerning the definition of a self-latching device, the requirements of only one door available to the pool on an accessory building, possible definitions of accessory buildings and accessibility to a pool through a dwelling. Alexander motioned, Hopkins seconded to postpone action on the ordinance until the next regular meeting to allow additional time for consideration of the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye." and Mayor Castleberry "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the Community Clinics for Denton County; and authorizing the Mayor to execute an agreement approving the expenditure of funds i theref ore. i r . h. t City of Denton City Council Minutes j September 4, 1990 Page 18 E Council Member Ayer of left the meeting the organizatiotsas he was a member of the The following ordinance was considered: NO. 90-133 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COMMUNITY CLINICS FOR DENTON COUNTY; AUTHORIZ MAYOR AN AGREEMENT APPROVING GTHE H EXPENDII URETOOF EXECUTE FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. on roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council Member Ayer returned to the meeting. 6. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. There would be a joint meeting with the School District on September 19 at the Sheraton. B. Frank Robbins presented census information. He stated that the precensus count was short from what the Citye was estimating Analysis of the statistics presented by Census Bureau indicated that the number of total housing units were very close but the major discrepancy was in vacant housing units. A number of data sources such as electricity connections. 911 phones, etc. would be used to indicate whether a unit was occupied. That information would be provided to the rateas that there was an Census Bureau. underco nt in Denton Basically the occuproblem C. Harrell presented a Memo of Understanding between the City of Denton and the Greater Denton Arts Council. He E felt this was a win-win situation would o be both se ides. contract provisions included. (1) the City would that would only govern the Campus Theater; (2) be responsible for the payment of the utility costs (electric, gas, water, wastewater and solid waste) and reimbursement would be made on the basis on a kw usage number for electricity which would rhe efficient and placed eacocapg ont the T expenses payments gyto begin October 1. 1991: (3) maintenance expenses would have an annual maximum of $5,000 for expenses and the City would check off the maintenance items prior to payment: (4) if GDAC invested a minimum of $75.000 of energy improvements/life cycle improvements into the building, the City would raise the annual maintenance cap to $7,500 per year; (5) GDAC had three years , 1 ~lJ:i: M.rX9P d City of Denton City Council Minutes 1 September 4. 1990 Page 19 to raise '475.000 and perform the additional improvements; (6) the maintenance expenses would be assumed by the City as of March' 1, 1992, however, payment for the expenses would be modified with the utility payments beginning October 1, 1991 and maintenance payments would begin March 1. 1992 - any amount paid for the utility expenses during the period October 1, 1991-March 1, 1992 would delay the start of the annual maintenance expenses; (7) janitorial expenses would not be paid by the City; (8) the GDAC would have title to the Campus Theater; (9) the It Laylot fund for the GDAC building fund terminate in h nr GDAC I publicity: C(11) win B order given would n the city to grant public money to a private organization, there had to be some type of appropriate service given back to the service in recognition to the funds - in the formal agreement, it would be spelled out what the GDAC intended to do with the Campus Theater which would benefit the public, i.e. Main Street events, a children appropriation clause. would 25 1 year period with yearly and (12) the I be f Council Member Ayer stated a concern regarding the use of the Laylor funds. Paragraph III of the agreement stated 01t of the hotel/motel tax for the GDAC building fund would terminate..." actual figure. be That fiure to change was really the agreement to one-seventh reflect the the wise City Manager Harrell stated that the formal agreement would be ready for Council consideration at the next formal meeting. There ession on the Work official Session. taker, during the Executive S 8. New Business The following items were suggested by Council Members for future agendas: i i A. Mayor Pro Tam Boyd requested a list of what groups besides the Airport and SPAN used City appropriations for matching grants. B. Council Member Trent requested a discussion be placed on the agenda to consider opening the regular sessions with the pledge of allegiance. 9, The Council convened into the Executive session to discuss legal matters (considered action in 6 dove vs. Cit_, considered action in claim of Mike Wilson, and considered action ,real regarding estate ad personnel/board B appointments at LK Recreation Center) r City of Denton City Council Minutes 4 September 4, 1990 Page 20 1 (considered appointment of a voting and alternate voting delegate to the Annual Congress of Cities, considered appointments to the Zoning Task Force and considered an appointment to the Public Utilities Board.) The Council convened into open session and took the following action: A. Hopkins motioned, Gorton seconded to appoint Hugh Ayer as Delegate and John Trent as alternate to the Annual Congress of Cities. Motion carried unanimously. With no further business, the meeting was adjourned. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTER$ ` CITY SECRETARY CITY OF DENTON 3301C j ~ I I I~ i i J +k~..` PMWf1~ I 7r ~r CITY OF DENTON CITY COUNCIL MINUTES September 11, 1990 The Council convened into the work session at 5:15 p.m. in the Civil Defense Room. Present: Mayor Castleberry; Mayor Pro Tem Boyd: Council Members Alexander, Ayer, Gorton, Hopkins, and Trent Absent: None 1. Council held a discussion and gavo staff appropriate direction regarding the 1990-91 Program of Services and accompanying tax rate. Lloyd Harrell, City Manager, opened the discussion regarding the 1990-91 Program of Services and tax rate by illustrating various tax rates and the revenue the rates would generate. He explained the revenue generated by the current tax rate (*.6183), the adjusted proposed tax rate (5.6298), the original proposed tax rate (=.6483), the effective tax rate (=.6553) and the maximum tax rate ($.6689). Depending on the services the Council wished to add or delete from the proposed budget, the tax rate would have to be adjusted to provide revenue for the services. Mr. Harrell stated that the County anticipated setting a tax rate at approximately 3% more than the affective rate level, and the school district had adopted a tax rate just under the rollback rate. Tho adjusted proposed rate recommended by staff which would generate enough revenue for the proposed budget would be less than the effective rate. The various tax rates outlined by the City Manager were meant to be used as a guideline during discussions, and staff was prepared to adjust the rate as Council saw necessary. Because of the increase in the Denton Central Appraisal District's budget, the City would be required to add 120,450 to I -J f the city's proposed budget. Staff would request direction from the Council on how to proceed. Council Member Ayer asked if the proposed budget included the 2150,000 for the fire station fund, no pay increases, and the 10♦ reduction in Human Services and SPAN funding. Mr. Harrell concurred that the items were all included in the proposed budget. i Council Member Hopkins requested that the city manager lead the Council through the issues as outlined in the Budget Discussion Guide of August 28, 1990. Mayor Castleberry stated that a straw vote would be taken on each issue in order to get a consensus of opinion. r ~ Nom.. , 1 k ~I 15i~..iiyy I ` •1■ry■ 7f City of Denton City Council Minutes September 11, 19b0 Page 2 Mr. Harrell stated that a consensus vote could be taken, but that nothing would be binding until the Council adopted the formal budget at the next regular Council meeting. Mr. Harrell reported that the first issue had been the General fellbudget theleel0toguideline reserve set Fund levelto reserve remain level. 9.7i ewhichproposed by Council and would leave approximately 12.5 million in the General Fund reserve fund. Mayor Castleberry asked for a straw vote. The consensus of the Council was to keep the reserve level at 9.7%. Council Member Alexander recommended that if funds became available that the level be maintained at 10%. Mr. Harrell reported that the next issue was setting the property tax rate and could not be decided upon until all other issues were settled. The Mayor directed Mr. Harrell to proceed with the next issue and council would consider the property tax rate level later in ` the evening after all issues had been discussed. was projected at a rate. Mr. Hell revenue assured Council that Mr. Harrell onservative 21 stated Ir c the number would have to be monitored closely throughout the year. The consensus of the Council was to maintain the projected sales tax revenue at a 2% growth rate. The revenues proposed ubeegenerated tbytan pincreaseein fees and fines. Mr. Harrell reported that after refinement of the fees and fines the actual would b$102,750. . Harrell also stated that in order to come up with the figure of$20,450for j the increase in the Appraisal District budget, the additional ponies generated from the fees and fines had been applied to J the 123,200 needed for the Appraisal District. i Council Member Gorton requested that the Council be provided with some interim feedback on the ambulance fees and what the city's collectibles have been for ambulance service. Council Hopkins includigi the stated ambulance fees, were outfofllithat ne. any of the f The consensus of the Council was to increase fees and fines as outlined by staff in the proposed budget. 1 1 I1 City of Denton City Council Minuces September 11, 1990 Page 3 Mr. Harrell stated that the goal of the Council had been to b ~ build up a reserve level to open Fire Station #6 and fund the additional personnel that would be needed. The proposed of the $IS,000 would at reserve the v end fund was funding a grand total the make of $615,000 which could be drawn on for funding for the new fire station. Mayorn the reserve stated fund. the original intent was to put more money i to fund FireedStation a#61 when intention of the oreserve moniesl were Member part of the funding be absorbed In the regular budget. Mr. Harrell stated that operations, maintenance and personnel for the new fire station would be approximately Rather than making the budget grow from $150,000 to $480,000 in one year when the new fire station came on line, the intent would be to increase the figure from $150,000 to 3200,0004225,000 and take $250,000 out of the reserve fund to the make amount the $300,000 and take 3190,0001 out of the reserve increase fund. into the new The ma major allow not method take a would hit on anyi one budget. funding proposed stwas to ation contribute $150,000 to the heecconsensus for theen council a of noe new tightposibudgtioet,ns request d lintthe proposedrbudget absolutely for either the General Fund or the Utility Fund, and in fact, f three positions were recommended to be eliminated and three others be held vacant for part of the year. The positions to j be eliminated were the Animal Control Supervisor epost ionatt a savings of $20,200, the plumbing l savings of $39,500, and the Maintenance worker at the Airport at a savings of 311,000. in :addition, the staff proposed to downgrade the Quest operation and eliminate all support personnel for the Quest operation for a savings of $11,000. addition, the Park Planner would be held open for one half of a year which would save $20,000, the Recreation Specialist would be held open for three quarters of a year which would save $18,000, and the Civic Center Supervisor for three quarters of positions would b would save 18,000, The net savings for all i Council Member Trent expressed concern over the elimination o the Maintenance worker at the Airport which would limit Cha number of mowings at the Airport tofour, Mr. Tt ht Airport that he felt that due to the lo,q growing season would need to be mowed more often and the City would not realize the $11,000 savings. ~A~... fMiW-.Ij r i ~ a City of Denton City Council Minutes September 11, 1990 Page 4 Council Member Hopkins stated that she was under the impression that Staff had assured Council that arrangements had been made for more mowing operations. Mr. Harrell reported that the original proposal for four mowings was determined by using contract labor. By using the city's Parks 6 Recreation Department and paying some overtime plus a machinery charge for their services, the Airport would be mowed five times during the summer and regular mowing around the Administration Building for a net savings of $11,000. Mr. Harrell also stated that if the federally funded student workers would be available next summer, one would be hired in order to mow more frequently. Council Member Trent stated that there would be a lessening of the maintenance of the Airport and thus the appearance of the Airport would deteriorate. Because of the many corporate executives and dignitaries who use the Denton Airport, Mr. Trent was concerned that the appearance be maintained. Council Member Gorton explained that the Council had been faced with exactly the same scenarios in the past when the City had to assume the mowing of the right-of-way's for the State. Mr. Gorton agreed that the Airport was indeed a gateway to Denton. However, the other gateways to Denton, such as Fort Worth Drive, Dallas Drive and University Drive were probably only being mowed four times a year. Mr. Gorton felt that if the Airport needed to be mowed more often that the other gateways should be considered part of the package. Council Member Ayer stated the Council's concern about appearances was evident by the attention to the beautification i program. He stated that the two kinds of mowing done at the t Airport included agricultural expanse and the other area around the terminal. Council Member Ayer felt four mowinge a year would be adequate for the large expanse areas, but the close in areas would require more. Council Member Trent stated that the elimination of the Maintenance Worker at the Ai•.port deleted the entire work force i not like eliminating one person out of a entire crew of three or more where the other workers could pick up the slack. 1 Council Member Hopkins stated that she felt staff had made a maior effort to try to alleviate the concerns Council might have about sufficient mowing activities at the Airport. Council Member Alexander stated that his real concern was eliminating any position and the level of service the Council would be providing when approving the tax rate. Alexander supported the suggestion of leaving the positions that were proposed to be held open for part of the year be held open for the entire year. City of Denton City Council Minutes September 11, 1990 Page 5 all elimination tdepartment's employees Maor Pro would reduce s the Boyd rot dse that vice the would be effected. Boyd proposed that the Council look at the funds determineaiif tithe aneedhetoeeliminate eany dpositionsuw rensstill necessary. Mayor Castleberry recommended that a decision on this issue be made after the other issues had been discussed. Lloyd Harrell, City Manager, reported that Council would need to find $137,700 in additional funds in order to retain the positions recommended for elimination or put on hold in the proposed budget. Maor consider s retaining Tom Bd requested that if Council were going to Auditor also be considered at a cost of 131,545 annually. Harrell reported that the next major issue to be considered was salary adjustments. The proposed budget recommended elimination of metit pay increases and no annual pay II pay Council's request, outlined prepared 1 adjustments. alternatives for At disadvantages of each. Mayor Castleberry requested a consensus for staff direction from the Council. The consensus was that some increase in compensation be made for city employees with the exception of li the three Council employees. Council Member Hopkins recommended that Council seemed to be leaning more toward Alternatives 03 or M4 or some variation of those and that time need not be taken to explain Alternatives N1 or M2. Council Member Ayer concurred that he was leaning toward some time payment or tbonusiconcept as presented he dAlte natives N3a or O b and preferred to do something that was permanent. 1 Council Member Alexander concurred that a one time payment did not send a message stability permanence to city He also stated that Council should consider i maintaining the effective tax rate at the current level as decisions were made. the inequsdthencur current was Mayor designed to Tom Boyd stated eliminate many of that the it ies in de pay plan including Civil Service. Mayor Castleberry inquired as to the status of the pay plan study. 1 4 r Y I City of Denton city council Minutes September 11, 1990 Page 6 3 Mr. Harrell responded that the pay plan would be completed in early 1991 aad would require a substantial amount of money to implement in the following budget year. Mayor Castleberry explained that the pay plan study was targeted to be implemented in the 91/92 budget. He also stated that he favored merit increases. sy Council Member Gorton stated that the main problem with Alternative #4 was the delay in merit increases from October to January. He stated that a one time lump sum payment would not be any kind of guarantee to the employees. An increase needed to be something that would be a guarantee and not negotiable next year in case funding problems caused delay in implementation of the new pay plan. Council Member Hopkins stated that total implementation of the new plan would not be possible all in one year and would have to be phased in. I Council Member Ayer reminded Council that a vote had been taken to implement the Freeport Amendment in the next fiscal year which would mean a reduction in income. I Council Member Alexander stated that when the Freeport Amendment was adopted Council had made a point to state that j the Chamber and proponents of the amendment would need to arsist in educating the citizens of Denton that in order to maNtain the current level of service, implementation of the I amendment required a tax increase for Denton citizens. Alexander stated that Council needed to consider the effect of the Freeport amendment or, future budgets when setting the tax rate for the next fiscal year. Mayor Castleberry summarized that most Council Members seemed ` to endorse Alternative 04 with some variations. Mayor Pro Tom Boyd recommended that a decision on the item be I held until later in the discussions at the same time the i positions were considered since perhaps there were soma issues I to be discussed that could be settled fairly easily. The consensus was to reconsider the issue of compensation for city employees later in the discussions. Mr. Harrell explained that the benefit adjustment of a $13,000 contribution to the fire pension plan was mandated by state law. The consensus was to implement the $13,000 contribution to the fire pension plan. I r k ~TM Fie..1:. r City of Denton City Council Minutes September 11, 1990 IM Page 7 h ; The Human Services Committee provided the Council with several options for the allacations of funds. Mr. Harrell stated that the Committee's recommended allocation to the agencies provided for a total of $134,700. At Council's request, the Committee provided their reallocation of funds retaining the same level of funding as in FY89 cf $112,800 plus $2,800 for the Community Food Hank. The final alternative provided by the Committee was a reallocation of funds by agency implementing the 10% reduction in funding to $101,520 plus $2,800 for the Food Bank as recommended in the proposed budget. Council Member Hopkins stated that she would never agree to any decrease in budgeting for transportation because of its importance to the city. Mayor Pro Tem Boyd stated that the agencies needed to be studied to determine it they were viable city functions. The city would have to deal with the results of not having the agencies and their services in our courts, police department, etc. Also, many groups use city funds as seed money for other grants from public and private sources. He felt that the Council should maintain funding at last year's level because of the long term returns. Council Member Ayer stated that the Council should not reduce funding from last year's level of $112,800 and should add the I $2,800 necessary for the Food Rooru. Ayer stated that the bulk of the transportation money was for Handi Hop which was a project originated by the city and contracted to SPAN. i Council Member Alexander concurred with the recommendation of maintaining funding at the current year's level plus $2,800 for the Food Bank. Council Member Trent stated that he had been impressed with the Human Service Committee's presentation and recommendation and realized that there were other agencies that could be added to I the list. He questioned if funding of the agencies was truly the function of government. He stated that with the pressure on the proposed budget that even though he was sympathetic to the needs of the agencies, Council must draw the line and use the funds available for the maximum good of all citizens. Trent recommended accepting the staff's recommendation for a 10% decrease in the proposed funding level. Council Member Gorton clarified that the current funding level of #112,800 had not included the 12,800 for the Community Food Room. Council Member Ayer concurred with Mr. Gorton and stated that the recommendation would require 114,080 of additional revenue to fund the agencies at the current level of funding plus the Food Room. I ' f y ff I m City of Denton City Council Minutes September 11, 1990 Page 8 The consensus was that funding should be maintaii.ed at the current years level of $112,800 plus $2,800 for the food bank. r Council member Gorton pointed out that some decreases in r allocations to agencies were built into the Human Services Committee recommendation, and by maintaining the current funding level, Council was not necessarily maintaining the same ]l level of funding for some agencies. i Mayor Pro Tem Boyd recommended that the SPAN transportation funding remain at the current level of 146,000 which would require $4,600 of additional funds be added to the prc,osed budget. Council Member Ayer pointed out that the majority of the 1 funding was for Handi Hop with only $10,000 for SPAN transportation. Council Member Trent felt that the Council was continuing to put a lot of pressure on the proposed budget by trying to stretch the dollars in too many ways which would require Council to scramble to find the dollars needed to fund the projects. Council Member Ayer stated that none of the decisions thus far j were binding, and Council was negotiating the points and may f need to review some of the decisions made. Council Member Alexander reminded Council that they would be r required to vote the tax rate to support the increases they were recommending. Consensus was to maintain funding for transportation at $46,000 which would require 14,600 in additional funds to be added to i the proposed budget. Mr. Harrell stated that the next issue to be considered was tax exemptions for persons over 65. The Council goal was to raise the exemption to 125,000 over a pericd of years. The proposed budget increased the exemption 11,000 from 118,000 to 119,000. I Consensus was to Increase the exemption for persons over 65 by 11,000. 4 The proposed budget recommended that the four building projects which were part of the CIP program be placed on hold until the city's financial condition improved. The building projects included two recreation centers, the law enforcement center, and the second library. Under the proposed budget, no bonds would be sold and the projects would be put on hold. I I 1 City of Denton City Council Minutes September 11, 1990 r Page 9 city Mayor Pro Tem Boyd stated that urging citizens to support Council no tax increase. In order to fund the projects now, would be required to pass a 5y' tax increase. Council had a choice of breaking the promise of no tax increase or delaying 1 the Councils promise of building the four projects. Boyd felt that accepting the issue as proposed in the budget would be the i best decision. The consensus was to delay the four building projects which were part of the CIP program. Mr. Harrell stated that the number one priority of the Council was street maintenance and improvement. Staff prepared a program addressing the issue which would cost approximately $370,000 and would require an approximate 20 increase in the tax rate which would allow an additional 7 miles of city streets to be improved in the next fiscal year. The project was not included in the proposed budget because funding could not be identified. Council Member Gorton stated that although Council had been unable to increase street maintenance funding, CIP money had allowed for a few additional projects to be completed. Council Member Ayer stated he was concerned that the street maintenance and improvement item had been identified as Councils number one priority, and Council would not be able to do much significant abintstreet addressing required rh hundreds of thousands iof dollars. i Council Member Trent stated that Council must prioritize their program ere which wouldobligations improved without implementing the miles Mr. Harrell stated that approx4.%ately 16.9 miles of hot mix overlay, 16.5 miles of patching and 1.5 miles of street construction for the next year was included in the budget excluding bond fund projects. proposed levewas l and not adopt the new program which would cost $370,000. Mr. stated the next issue was series otbudget edutions. The first reduction would be in youth athletic officials. The city currently funded one half the cost of the officials. By eliminating the funding of officials, the city would eliminate $15,500 in cost. The Pack Board recommended that youth athletic with administrative charges official funding amount reinstated tabout $12,000. wi 1 Ile 1W Y City of Denton City Council Minutes 4' I September 11, 1990 h Page 10 1 Mayor Pro Tem Boyd questioned it the city only charged 4 k administrative fees when officials wore being provided. Mr. Harrell stated administrative fees were charged to all recreation programs using city facilities. The intention of ` the administrative fee was to recapture a small portion of the general fund cost of providing the facility for those using it. Council Member Ayer stated that Council had been provided with a survey of other communities which charged administrative teas had not which in some cases had charged administrative tees and provided officials. By approving the proposed budget the city would not be out of step. Council Member aorton statel he had no problem charging the administrative fee as long as a legitimate service was being h provided for the fee. Mr. Gorton also stated a concern about no per uoe fee for i:,%e of the tennis courts except for under the lights. He stated that he wanted to ensure that the cost of the North Lakes complex was being distributed in a fair and ` equitable manner. Council Member Ayer requested staff survey neighboring cities to ascertain fees being charged for use of tennis courts. Consensus was to eliminate the city's one halt funding for youth athletic officials at a savings of $15,500. Mr. Harrell reported that the proposed budget eliminated additional funding for the reserve fund for potential lawsuits as had been done for the past couple of years. The balance of the reserve fund was approximately $400,000 and recommended that no money be added to the fund. Council Member Hopkins questioned if any funds had been removed from the reserve fund. Mr. Harrell stated that no funds had been removed, and all funds were still in reserve. Consensus was to accept the recommendation of staff not to add to the reserve fund for potential lawsuits. Mr. Harrell stated that a new program concerning auto accident liability improvement was reflected in the proposed budget at a savings of approximately $50,000. The second item the City Manager wanted to inform council of was the comprehensive report which would be sent to Council concerning reroofing City Hall. The recommendation on the ceroofiny item would be to issue a small CO in connection with the auto leasing progl-11A. I 1 ~DV IF r,.. y 1 city of Denton city council Minutes r September L1, 1990 Page 11 s Mr. Harrell detailed the main points of the utility budget. s The Electric Division proposed a 0% increase in proposed electric utility rates and no new net positions. Consensus was to accept the electric portion of the Utility ; Department budget as proposed. Mr. Harrell stated that the Water/Wastowater Divisions had requested no new net positions. The Public Utility Board a, recommended a 9.97% increase in the proposed water rate and a 9.46% increase in the proposed wastewater rate. Consensus was to accept the water/wastewater portion of the Utility Department budget as proposed. Mr. Harrell stated that the Sanitation Fund also requested no new positions and recommended implementing the pilot curbsidlj recycling program. The proposed rate increase for the Solid Waste Division was 6% as recommended by the Public Utility Board. Consensus was to accept the solid waste portion of the Utility Department budget as proposed. Council Member Trent questioned the necessity of budgoting $620,000 in the overtime Salary line item of the Utility budget. Robert E. Nelson, Executive Director for Utilities explained that restoration and provision of service by the Utility Department was not a matter of choice. The Electric Production, Water Production, and Water Reclamation plants operate 24 hours per day. In order to maintain the level of service every day of the year, the plant must be manned on holldays and coverage maintained during vacation and sick leave absences. Relief shifts covered a portion of the time, but often the coverage required personnel to work in excess of 40 hours per week. Maintenance activities at the plants required personnel to be available at the time of the breakdown. Field ~i operations such as Water and Sewer Field Services, Electric Distribution, and Substations and Communications required on-call personnel to be available to restore service to our citizena with the least amount of inconvenience. In communications, installation and repair of radio service for our public safety vehicles required a lot of extra time to complete the conversion to the 900 Mhz system. Mr. Harrell stated that the Council had a legitimate responsibility to diacuss any line item in regard to amount, of money spent. Once th3 line item and the need for reduction had been identified., staff could report the type of services offered to the citizens for the line item and allow Council t r. r City of Denton City Council Minutes September 11, 1990 Page 12 t 1 to make policy decisions on level of service. Extra services would require increased costs and the Council needed to determine if the service were worthwhile for the city. The overtime costa associated with the Utility Department were the direct result of the level of service provided to Denton citizens. Council Member Trent stated that every day of the year the city nl was paying for 106 hours of overtime in the Utility Department and wondered if it were necessai.y. Mayor Castleberry recommended that if the issue did not impact the budgat decision that evening, it should be discussed further at another time. Mayor Pro Tam Boyd stated that reduction of the overtime figure would neither reduce rates nor create a greater surplus in the utility fund and would not impact the general budget. Council Member Alexander stated that the elimination of the overtime line item would require hiring additional personnel to provide the citizens with service and cost savings would not be realized based on the cost of new personnel. Council Member Horton explained that the only additional financial liability that the city would incur with overtime would be FICA. Additional full time employees would add complete benefit packages. Council took a ten minute recess. Mr. Harrell stated that all the items which had been discussed as possibly being added to the proposed budget included $20,450 for the Appraisal District, $137,700 to retain positions, $31,545 for an internal auditor, $466,555 for employee compensation for Alternative 04, $14,080 for the social agencies as recommended by the Human Services Committee, and $4,600 for SPAN transportation totalled $675,000 and required setting a tax rate of $.6640 which was 1.3% over the effective cats. Mayor Castleberry directed Council of the need to start making some hard decisions. Council Member Hopkins stated the she did not think it would be appropriate to add a position to the priposed budget and recommended that the Internal Auditor positron be eliminated from the list of items to be discussed. Mayor Pro Tam Boyd agreed with Hopkins to eliminate the internal Auditor position and recommended that Council also follow staff's recommendation in the proposed budget of eliminating three positions and support personnel for Quest and holding three positions open for a portion of the year. 111 ~ I r, City of Denton City Council Minutes r September 11. 1990 Page 13 i Mayor Castleberry requested the City Manager and Finance Director figure the amount of tax revenue needed if the Internal auditor were eliminated and staff recommendations were adopted. Mr. Harrell stated that Council would need to set the tax rate at $.6554 to generate $505,685 needed which was .0001 over the effective rate. Mayor Pro Tom Boyd stated that he was not willing to go above the effective tax rate even for such a email amount and an effort needed to be made to balance the budget at the effective rate. Covacil Member Alexander suggested that one way to balance the budget at the effective tax rate would be to delay the implementation of one of the positions put on hold for the next fiscal from mid year until the beginning of the next fiscal year. Council Member Boyd stated that a small change in the estimate of the sales tax receipts would not be out of line. He also stated that Council had in effect adoptel without discussion Alternative M4 for employee compensation, and there was room for discussion. ' Mr. Harrell explained that Alternative 04 closely resembled the, current pay plan. Employee merit increases would be reinstated with a three month delay on everyone's anniversary date. The second point of the alternative provided for an annual pay increase to be effective January 1, 1991. Council Member Gorton discubled a decrease in the traditional 5► merit rate being capped at 4%. Tom Wrick, Director of Personnel stated there would be administrative problems concerning capping merits on a step pay f plan system. f LJ Mayor Pro Tom Boyd recommended reinstating the merit increases effective October let and delaying annual pay adjustments for another quarter. Further discussion occurred concerning the option of reinstating the merit adjustments and delaying annual pay adjustments by at least another quarter or six months or even splitting and awarding halt in January and half three months later making an effort to offset the increased hr,alth insurance costs which would become effective January 1. i I 1 T f City of Denton City Council Minutes 4 = September 11, 1990 Page 14 ` Council Member Ayer asked if figures could be provided to implement the reinstatement of merit increases effective October 1 and annual pay adjustments implemented in two stages. Mr. Harrell stated that the cost of reinstating merit inccesseg to October 1 would be $65.653. Annual pay adjustments implemented one half in January and one half in April would decrease the cost by $50,451. If the second half of the pay i adjustment were delayed to May, the decrease in cost would be $67,268. If the annual pay adjustment were delayed until May, the total increase to the proposed budget would be $504,070 which translated into a $.6551 tax rate which would be under I the effective rate. Council Member Alexander voiced his support of the alternative. Mayor Pro Tem Boyd agreed to the alternative because of the value of pay plan increases to assist in recruiting and merit increases in retention of employees and employee moral. Council Member Trent stated that he felt that the proposed h budget was irresporaitle because of the effect on the local business man. Council Member Hopkins stated that she had given a great deal { of thought and concern to the proposed budget. In looking to the next fiscal year, the city would not see an appreciable increase in the tax base because taxation was based on what was in place on January lot. The Freeport Amendment would take effect and decrearr funds by an additional $600,000. Hopkins did not think taxpayers would be willing to cut services. She G felt confident to approve a tax rate close to the effective tax rate would be the best the Council could do and still maintain the level of service the taxpayers wanted. f Mayor Pro Tom Boyd concurred with Council Member Hopkins 11 coiaments. Mayor Castleberry asked for a consensus for the employee I compensation proposal. Ii f The consensus was to accept a modified Alternate M4 which restored merit increases effective October 1, 1990, and delayed the annual pay adjustment to one half January 1, 1991 and one half May 1, 1991, with one dissenting vote from Council Member Trent. The consensus of the Council was to elintnate the three positions and staff support for Quest cecommanded by staff and ` to delay filling three positions for a portion of the new fiscal year. I I ~ I r ~b4' n1C`r1Y~ City of Denton City Council Minutes t September 11, 1990 Pt Page 15 k The Council requested that the additional funds requested for ! the Appraisal District's proposed budget be included in the 1 City's proposed budget. Presentation and approval of the proposed budget for the Appraisal District would be made at the S next regular Council meeting, Council Member Alexander stated that he strongly disagreed with I Council Member Trent on two points. First, he felt that the proposed budget was not a budget out of control and was the E result of a lot of hard and intense work by a competent staff. Alexander stated that for the first time in five years not one j single person appeared at the public hearing to ask the Council I4 to reduce a single item in the budget. Secondly, Council Member Alexander stated that he did not believe that all budgets have "tat" in them. Alexander stated that he did zot feel the proposed budget had "fat" in it and "fat" was a negative term used to talk about government which contributed to a negative feeling among the public about their government. Alexander felt that it was the responsibility of the Council to turn that opinion around. Council Member Alexander stated that the City of Denton does a great yob providing a high quality of { service for the least amount of taxing. Council Member Trent stated that if the staff had put together k such a fine budget he did not understand the need for the f council to increase the funding level ir, excess of 1500,000 { which indicated to him that staff had not incorporated enough ` programs into the proposed budget. Council Member Trent stated r that whether anyone were present to speak at the public hearing I or not that it was incumbent on Council to do what was right and be responsible. i Council Member Ayer motioned, Hopkins seconded to adjourn the meeting. The motion carried unanimously, ` With no further business, the meeting was adjourned at 8:25 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS { I r BETTY WILLIAMS DEPUTY CITY SECRETARY CITY OF DENTON* TEXAS 5095M li I I , I ~Y . ILt,AP~ 1 ~ 17 CITY OF DENTON CITY COUNCIL MINUTES SEPTEMBER 18, 1990 The Council convened into the Work Session at 5:15 p.m. In the Civil Defense Room. s i PRESENT: Mayor Castleberry; Mayor Pro Tom Boyd: Council Members Alexander, Ayer, Gorton, Hopkins and Treat. ~f ABSENT: None 71 1. The Council convened into the Executive Session to discuss legal matters (considered action in County vs. city), real estate, and personnel/board appointments (considered appointments to the Zoning Task Force, to the Public Utilities Board and the Planning and Zoning Commission), 2. The Council held a discussion concerning the bridge ovsr the railroad tracks on Loop 288 and the future widening of the Loop. Lloyd Harrell, City Manager, stated that atout a month and a half ago, staff presented Council with a request from the State Highway Department asking the city to give comments concerning a project which would eliminate the overpass on Loop 288 near Colorado. The Highway Department was requesting input prior to making a decision regarding the overpass. By eliminating the overpass, the Highway Department could save approximately $2 million on the construction project. Staff was recommending a compromise recommendation that should satisfy everyone concerned. The compromise would involve indicating to the Highway Department that the City had no objection to proceeding with doing away with the overpass provided three conditions were met (1) the current railroad tracks be left in place and an at-grade crossing be included, (2) should the City require a separated pedestrian/bike crossing at this location, such would f be permitted by the State and (3) should some type of rail and/or mass transit system desire to construct a separated crossing at some time in the future, such would be permitted by the Highway Department. Staff felt that such an arrangement would be acceptable to the Highway Department and would be a 1 positive message to send to them. Jerry Clark, City Engineer, stated that there was never an intention to abandon the tracks. The idea was to go over the J tracks or to do an at-grade crossing. 1 3. The Council held a discussion regarding the Denton Central Appraisal District (DCAD) 1990-91 Budget as submitted to the City for consideration. }I ~a , f`''• City of Denton City Council Minutes September le, 1990 i Page 2 s a John McGrane, Executive Director for Finance, stated that the proposed budget for the DCAD was presented in the agenda back-up materials and also a survey of some of the local entities regarding approval of the DCAD budget, Only one 4 entity, Denton County, had taken action to disapprove the I budget. Most of the other jurisdictions were undecided or planned not to take action. There was a 30 day limitation to take any type of action. rt+~ Joe Rodger, DCAD, presented an update of the budget. He presented the functions of the DCAD and why the District needed the budget it proposed. The District had 42 people working 143,000 accounts with each account having approximately 30 items of information. Each account had to stand a test against the State Property Tax Board audit, the Appraisal Review Board, any possible lawsuits, and the City/County/School Districts. The District's goals were to maintain 100% of market value and to give each tax payer equalization by giving 100% of market value. There was a lot of research required for 100% of market value on property, If the District couldn't maintain qualified people, it was hard to do correct appraisals. Currently the District had 22 appraisers with the rest of the employees being support employees. The last two years the District had been audited by the state Property Tax Board and had been at 100% of market value. In order to continue doing a good job, the District needed the budget it proposed. The budget was a bare bones budget which provided only a 3% salary increase for employees. The District was competing with other districts to keep good employees. Council Member Trent asked about the salary line item - were there any other benefits included in the salaries. Joe Forsythe stated that the salaries were listed on page 41 of the budget. Addcd to the salaries was a $350 per month expense allowance plus retirement and longevity. { j Council Member Trent asked who received a car allowance. Forsythe repliod everyone who drove a vehicle to work for work purposes. i Council Member Trent asked about the second office. Forsythe replied three people worked out of that office with the car allowance being paid out of the collection fund. Mayor Pro Tom Boyd asked how the Denton portion of the budget was determined. I I Ci Quoin N s City of Denton City Council Minutes September 18, 1990 Page 3 s Forsythe replied it was proportioned by the tax levy. Council Member Ayer asked for the amount of percentage increase the City was being assessed this year. Forsythe replied it was 17.5% over the 1990 budget. There were two factors involved (1) the current year used $58,705 of the fund balance to hold down the 1990 costs and (2) the law now required that when a taxing entity paid the Appraisal District ?ins' during the year any of those funds not spent during that year had to be credited the next year to the taxing jurisdiction. Therefore, there was an artificial suppression of the 1990 payment due to those two factors. Council Member Trent asked about the problem with Denton Savings. Rud left ofDufrham replied roles. Ahmistake was made yandthat matter was of there was to it. Council Member Trent asked what steps could be done to make sure it would not happen again. Durham replied it could happen somewhere else due to the amount J~ of accounts they had to work with. The District could not guarantee it would not happen again. Mayor Castleberry thanked the representatives of the District for their presentation. 9. The Council discussed and ave concerning the opening of City Council meetings staff direction Lloyd Harrell, City Manager, stated that staff had surveyed area cities to determine how others opened their meetings. Nine cities had been called and the County and found that it was basically based on the will of the Council. There was nothing in the Charter or Rules of the Council concerning the pledge before the meetings. Council Member Trent expressed a preference to begin the regular session of each council meeting with the Pledge of Allegiance. Council Member Gorton asked how it would be implemented, Debra Drayovltch, City Attorney, stated that the Rules and Procedures would have to be updated with an amending ordinance. Consensus of the Council was to direct staff to prepare an ordinance to amend the Rules and Procedures. F ~IM AK R~ 1 i City of Denton City Council Minutea September 18, 1990 g f,:, Page 4 r The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayot Castleberry, Mayor Pro Tem Boyd, Council Members Alexander, Ayer, Gorton, Hopkins and Treat. ABSENT: None 1. The Council considered approval of the minutes of the reg~ilar meeting of July 10, 1990. Gorton motioned, Trent seconded to approve the minutee as t presented. Motion carried unanimously. i The council considered Item M4. 4. Presentation of Yard of the Month Awards Mayor Castleberry presented Yard of the Month Awards to J. B. and Pearl Wooten, Ernestine Riley, Michael 's/MJ Designs, Raymond Powell and Shirley Sisk. The Mayor presented the following proclamations: PTA Month American Business Women's Day Certified Professional Secretary's Month Jazzfest Day The council returned to the regular agenda order. 2. The Council received a citizen report from Matt Soltis i regarding the Loop 288 railroad overpass. j Mr. Soltis was not present at the meeting for his report. I 3. The Council received a citizen report from Bob Mizell regarding the Loop 288 railroad overpass. Mr. Mizell stated that the staff recommendation was agreeable to the Committee and appreciated the staff for its time and effort on the issue. 4. Item 04 was considered earlier in the meeting. 5. Consent Agenda Ayer motioned, Alexander seconded to approve the Consent Agenda as presented. Motion carried unanimously. ~MI r i V City of Denton City Council Minutes s r.•:r September 18, 1990 Page 5 A. Bids and Purchases 1. Bid #1139 - Paper (Officr 6 Xerographic) 2. Bid #1141 - Printout Paper 3, Bid #1142 - Portable Cellular Telemetry Equipment rte'' 4. Bid #1144 - Janitorial Serj,ices 5. Bid #1145 - Install Insulation and Lagging 6. Bid 01146 - Asbestos Removal 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services, (5.A.1. - Bid #1139, 5.A.2. - Bid 41141, 5.A.3. - Bid #1142, 5.A.4. - Bid #1144, 5.A.5. - Bid 01145, S.A.6, - Bid #1146) The following ordinance was considered: NO. 90-134 t AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A c CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE ERPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, Gorton motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance amending Section 5-176 of Chapter 5, Article V (Building Code) of the Code of Ordinances of the City of Denton relating to fencing and gate requirements for swimming pools; providing for a penalty in the maximum amount of $500.00 for violations thereof, providing for a severabiiity clause; and providing a repealing clause. (The Building Code Board recommended approval,) h 1 ~ rl r 1 t ' 1'.rl^11Y~ ~'41 P City of Denton City council minutes September 18, 1990 Page 6 r Lloyd Harrell, City Manager, stated that the ordinance was back on the agenda as it was postponed at the last meeting to a date certain which was the present meeting. During the last two weeks, Council Member Hopkins had made an observation regarding r the spacing requirements for the pool f6acing. She raised some real concerns regarding the cost associated with the ordinance as proposed. Staff was recommending to Council that the ordinance be referred back the the Building Code Board for review of the data. Hopkins motioned, Ayer seconded to table the ordinance and refer it back to the Building Code Board for review. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd '-aye," rnd Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance adopting the budget for the City of Denton, Texas, for the fiscal year beginning on October 1, 1990, and ending on Septembec 30, 1991. Lloyd Harrell, City Manager, stated the ordinanco would formally adopt the budget for the next fiscal y6ar. The following ordinance was considered: NO. 90-135 { AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1990, AND ENDING ON SEPTEMBER 30, 1991; AND DECLARING AN EF'F'ECTIVE DATE. Gorton motioned, Alexander seconded to adopt the ordinance. Council Member Trent stated that there had been a comment made earlier that it was too bad that people did not show up for the budget public hearing. He felt that was not totally correct. In his estimation, the Council was not listening to the tax payers. His calls and letters showed that the citizens were ^oncerned. The Council did not consider the adjusted proposed budget staff presented and went directly to the effective budget without discussion. He felt that other areas should have been looked at and was not happy with the budget. He ! requested a roll call vote on the ordinance. A member of the audience asked if the Council was going to allow the audience to speak. ~ Faa..: rr. I I I i r• City of Denton City Council Minutes September 18, 1990 Page 7 On roll call vote, Trent "nay," Alexander "aye," Hopkins "aye." Gorton "aye," Ayer "aye," Boyd 'laye,t, and Mayor Castleberry "aye." Motion carried with a 6-1 vote. Mayor Castleberry replied that the public hearing was two weeks ago and would not allow speakers at this time. D. The council considered adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the 1990, on all taxable property within the corporate limits of the City on January 1, 1990, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; and providing for a severability clause. Lloyd Harrell, City Manager, stated that the ordinance (1) set the tax rate for the next year at ;.6551 per $100 valuation which was just under the effective rate and (2) increased the over 65 exemption by $1000. The following ordinance was considered: NO. 90-136 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON. TEXAS, FOR THE YEAR 1990, ON ALL TAXABLE c PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1990, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR I DENTON NTEREST AND SINKING FUND ON OUTSTANDING CITY OF EXE CERTAIN BONDS: HOMEST ADS: PROVID NGLIMITED ENF RMCEMENT OF c COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND I PROVIDING FOR AN EFFECTIVE DATE. l ) Alexander motioned, Ayer seconded to adopt the ordinance. Council Member Trent asked for a clarification of vote. A vote against the tax rate would also be a vote against the increased exemption. voteafor oneiporti replied another She had seen a portion. On roll vote, Trent "aye." Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye.'$ and Mayor Castleberry "aye." Motion carried unanimously. i I ~gywrr ~l~Lbp f City of Denton City Council Minutes September 18, 1990 Page 8 , i E. The Council considered adoption of an ordinance amending the schedule of rates for water service, (Public Utilities Board recommended approval.) Lloyd Harrell, City Manager, stated that Items E, F, 0, and H Implemented decisions made by Council in the 1990-91 budget. Council Member Hopkins stated that in view of a recent legal report to Council regarding particular rates which were assessed to certain classes at different rates, how would that affect the rates. Mayor Pro Tem Boyd stated that the budget would balance if that category were emitted as that category would go on to another category. Boyd motioned, Trent seconded to table items 6.E. and 6.F. until after the Executive Session. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. F. Item F. was tabled until after the Executive Session. 0. The Council considered adoption of an ordinance establishing rates for residential and commercial sanitation 1 collection services as authorized by Chapter 12 of the Code of. ! Ordinances of the City of Denton. (Public Utilities Board I recommended approval.) J The following ordinance was considered: II NO. 90-139 AN O?DINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. 1 Boyd motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. H. The council considered adoption of an ordinance establishing rates for the use of the City's sanitary Landfill site as authorized by Chapter 12 of the Code of Ordinances of the City of Denton. (Public Utilities Board recommended approval.) i I I a K. I iH-VM 7 0 City of Denton city council minutes September 18, 1990 Page 9 The following ordinance was considered: NO. 90-140 AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Alexander seconded to adopt the ordinance. •:a'Ju°16 Gorton motioned, Ayer seconded to amend the ordinance by striking the references to Bronco I, Suburban, and Blazers from the type of vehicles. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye." Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council voted on the main motion as amended. On roll vote, Trent "aye," Alexander "aye," Hopki.ne "aye," Gorton "aye," Ayer "aye" Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 1. The Council considered adoption of an ordinance { of the City of Denton, Texas, prohibiting the parking of vehicles on the south side of West Oak Street, from its intersection with Denton Street to a point 77 feet east of the east right-of-way line of Denton Street, for a distance of 77 feet. (Citizen Traffic Safety Support Commission recommended approval.) The following ordinance was considered: NO. 90-141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE SOUTH SIDE OF WEST OAK STREET, FROM ITS INTERSECTION WITH DENTON STREET TO A POINT 77 FEET EAST OF THE EAST RIGHT-OF-NAY LINE OF DENTON STREET, FOR A DISTANCE OF 77 FEET; PROVIDING .A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS, AND DECLARING AN EFFECTIVE DATE. Boyd motioned, Alexander seconded to adopt the ordinance. On i roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. J. The Council considered adoption of an ordinance of the City of Denton, Texas, prohibiting the rkin of vehicles on both sides of V.S. Highway 380 East, fromaRiverside Drive to Rock Hill road. (Citizen Traffic Safety Support Commission recommended approval.) {1 J i i City of Denton City Council Minutes j September 18, i990 Page 10 Rick Svehla. Deputy City Manager, stated that this ordinance was a result of a citizen request. Council Member Gorton asked if Rock Hill Road was the City limit line or was the top of the crest. If it were the top of the crret, he would like to see the ordinance extended all the way up to the top of the hill. if it were not In Denton's city limits, he would like the City to contact Cross Roads to see if they would extend the no parking. The following ordinance was considered: NO. 90-142 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF U.S. HIGHWAY 380 EAST, FROM RIVERSIDE DRIVE TO ROCK HILL ROAD; PROVIDING A SEVERABILITY CLATiSE., PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS, AND DECLARING AN EFFECTIVE DATE. Boyd motioned, Hopkins seconded to adopt the ordinance. roll vote, Trent "aye," Alexander "aye," Hopkins "aye." Gorton "aye," Ayer "aye 06 Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 7. Resolutions i A. Thr Council considered approval of a resolution approving year-end budget adjustments for FY 1989-90. Lloyd Harrell, City Manager, stated that this item was done each year for overages in line items prior to the close of the fiscal year. The following resolution was considered; a NO. R90-.x,48 A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL 1 YEAR 1989-905 AND DECLARING AN EFFECTIVE DATE. 1 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. authorizing the eCity nManage Hato®e ecuter analaq eement sbetween the City of Denton, Texas, and the Department of the Army, Corps of Engineers establishing procedures for hydropower operations at Lewisville Dam. Fore 3940 (Public Utilities Board recommended approval.) 77 ,0/l f . I i p city of Denton City Council Minutes September 19. 1990 r Page 11 However. this Bob item Nhado beenx presented s i to tCouncil Utilities, stated that Corps had made some minor wording changes and needed Council to approve a new resolution. The following resolution was considered: NO. R90-049 y,. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON$ TEXAS, AND THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATION AT LEWISVILLE DAM; AND PROVIDING FOR AN EFFECTIVE DATE. i Trent motioned, Ayer seconded to approve the resolution. On Ilj roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton Ilaye,l, Ayer 'lays," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. C. The council considered approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton, Texas, and the Department of the Army, Corps of Engineers, establishing procedures for hydropower operation at. Lake Ray Roberts Dam. Ferc 03939 (Public Utilities Board recommended approval.) same t as he Ceprevious except tot Utilities. stated that this Bob item Nelson, the Executive ` Lake Ray Roberts Dam. The following resolution was considered: I NO. R90-050 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATION AT LAKE RAY ROBERTS DAM: AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Ayer seconded to approve the resolution. On roll vote, Trent I'ays,ll Alexander Ilaye,ll Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. i ' D. The Council considered approval of a resolution authorizing the City Manager to execute documents for the Traffic Management Grant Application and Agreement. I ' ~ I I 1 I i i City of Denton City Council Minutes September 18, 1990 r Page 12 " Rick Svehla, Deputy City Manager, stated that this resolution would allow staff to apply for a number of grants for traffic management. The following resolution was considered: NO. R90-051 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR A TRAFFIC MANAGEMENT GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. I Alexander motioned, Ayer 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. E. The Council considered approval of a resolution to disapprove the Denton Central Appraisal District (DCAD) 1990-91 Budget as provided for by Sec. 6.06 of the Texas Property Tax Code. + 1 Council Member Alexander stated that the discussions with the representatives from the Appraisal District were very helpful i and suggested that they be invited back earlier next year for a better evaluation of their budget. Council Member. Ayer stated that he still had a small concern with regards to why the City's contribution was going up 17• , next year and that there was not that much increase in the + budget. John McGrane, Executive Director for Finance, stated that the amount that they had given the City that they anticipated would be the City of DentonIs contribution was based upon a r E percentage of this year's total tax assessment. Lloyd Harrell, City Manager, stated that a good part of the reason that there was such a substantial increase was that this year the District had used a portion of their fund reserve to ! fund their budget. Fees needed to be increase this year in { E order to fund the budget. i ~ ' Council Member Gorton asked if 19 entities would disapprove the District's budget, did they have to resubmit a new budget or { revert back to last year's budget. McGrane replied they would have to submit a new budget. 1 Y l j; ~P City of Denton City Council Minutes September 18, 1990 " Page 13 g Mayor Pro Tem Boyd stated that the District did not have many i of the controls that the City did when working with its budget, The only restraint the District had on its budget was the disapproval of the budget by the taxing entities. The following resolution was considered: NO. R90-052 A RESOLUTION OF THE CITY OF DENTON. TEXAS, DISAPPROVING THE 1991 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT: AND DECLARING AN SFFECTIVE DATE. Boyd 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. 8. The Council held dis.ussion and gave staff appropriate direction concerning the future widening of Loop 288 and the railroad overpass. Lloyd Harrell, City Manager, stated that staff, upon approval by the Council, would correspond with the Highway Department giving approval to remove the overpass on Loop 288 provided that the following three conditions were followed: (1) the current railroad tracks be left in place and an at-grade crossing be included, (2) should the city require a separated pedestrian/bike crossing at this location, such would be permitted by the State, and (3) should some type of rail and/or mass transit system desire to construct a separated crossing at some time in the future, such would be permitted by the Highway Department. Boyd motioned, Hopkins seconded to approve staffs recommendation as noted by City Manager Harrell. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 9. The Council considered a motion to approve in f principle an agreement with the Greater Denton Arts Council regarding the old Campus Theater and direct the City Attorney to draft a formal contract, Lloyd Harrell, City Manager, stated that staff needed the Council to go on record as agreeing in principle with the points of the agreement which were discussed at a previous meeting and that Council instruct the City Attorney to prepare a formal contract with the Greater Denton Arts Council to implement the agreement. l 1 1 City of Denton city council Minutes } September 18, 1990 Page 14 Gorton motioned, Alexander seconded to direct staff to draft the documents outlined in the agreement. On roll vote. "aye," Alexander ',dye," Hopkins "aye," Gorton "aye," Trent "aye," Boyd "aye," and Mayor Castleberry llaye." Motion carried unanimously. 10. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The City Attorney and Assistant to the City Manager had been meeting with the vacious Boards and commissions per Councils request. B. Reminder that the Council would be meeting jointly with the Denton Independent School Board on Wednesday at noon at the Sheraton. C. Rick Svehla, Deputy city manager, presented an cupdate from the State scheduling. HSvehla stated mthat concerning eto ithe hsevere financial condition of the Highway Department many projects in Denton were being delayed. Teasley Lane would be moved back at this time but had not mentioned Fort Korth Drive or Hwy. 377. One piece of good news was the Highway Department would be redoing the signals at Loop 288 and Hwy. 380. In the spring of next year, a contract for Acme Street and Port Worth Drive would be let. Avenue D and 135 overpass would be signalized. Mayor Castleberry stated that the University Drive project to f beautify the medians would begin approximately October 1, 1990. Mayor Castleberry stated that the intent of the orientation program for the Boards and Commissions was to acquaint new members on what the duties of a particular board/commission I wece. The portion of the orientation dealing with open meetings which was noted in the newspaper was misunderstood and I taken out of context. The open meetings section was a portion f of the orientation. 11. There was no official taken on items discussed during ~I the Work Session Executive Session. 12• New Business The following items of New Business were suggested by Council Members for future agendas: { A. council Member Trent requested a report from staff regarding the new sign ordinance. i r i City of Denton City Council Minutes September 18, 1990 Page 15 i Jesus Nava, Assistant to the City Manager, stated that there had been a recent meeting in which five items wets being discussed. There was agreement on three of the items and two items, the height and face change out of the signs, Wore still being negotiated. The three items were ready to go the Planning and Zoning Commission for discussion. 13. The Council convened into the Executive Session to discuss legal matters (considered action in County ve real estate, and personnel/boatel ap itv), appointments to the Zoning Task Force, toltheePubliccUtilities Board and the Planning and Zoning Commission). The Council returned to open session at took the following action: A. Boyd motioned, Hopkins seconded to remove Item 6.E. from the table. Motion carried unanimously. The following ordinance was considered: NO. 90-137 AN ORDINAN~.E AMLNDING THE SCHEDULE OF RATES FOR WATER SERVICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Ayer seconded to amend the ordinance to exclude I Schedule WRW. Motion carried unanimously. B. Boyd motioned, Alexander seconded to remove Item 6.F. from the table, Motion carried unanimously. The following ordinance was considered: NO. 90-138 AN OPDINANCE AMENDING THE SCHEDULE OF RATES FOR SEWER SERVICE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. r Boyd motioned. Hopkins seconded to amend the ordinance to exclude Schedule SRW. Motion carried unanimously. C. Ayer motioned, Boyd seconded to appoint Carol Ridens to the Public Utilities Board to fill the unexpired term of Robert LaPorte. Motion carried unanimously. With no further business, the meeting was adjourned. fi x L City of Denton City Council Minutes y` Septembe[ 18, 1990 Page 16 E r i BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON I 3304C I 1 J ` I 1 , 1.i MV" ■ 1 I t~.1 ! t1R i CITY OF DENTON CITY COUNCIL MINUTES r y SEPTEMBER 19, 1990 a the Council convened into a Special Call Session with the Denton Independent School District at noon in the Yucca Room of the Sheraton Hotel. PRESENT: Mayor Castleberry, Mayor Pro Tem Boyd: Council Members Alexander, Ayer, Hopkins and Trent. ABSENT: Council Member Gorton 1. The Council held a discussion regarding various issues relative to the City of Denton and the Denton Independent School District. Tim Sonnenberg, DISD, presented information concerning the Fred Moore Child Care facility. He stated that there were problems with the condition of the building and that it was lacking maintenance. A professional firm would be looking at the building to assess the condition as to whether it could be renovated or not. An architect might be hired by October 9, 1990 with an answer in 30/60 days. Mayor Pro Tem Boyd stated that he had the impression that the School District put money in the project as well as money for an architect. Sonnenberg replied that he was not sure with regards to the facility. If the report was positive, there were lots of alternatives, if the District invested money in the project, it would want to assume more responsihility for the program. He was unsure at this time until the report was in. Mayor Pro Tem Boyd stated that the City had a long term commitment to the project. He recommended seeing it CDBO funds could help bring the building up to standard. He wanted to sae the School District participate in the project with the City. Sonnenberg replied that there may be a partnership but that the School District might have to get more involved in the operation of the project. Lloyd Harrell, City Manager, suggested a joint task force to work on the project once the architect was on board and more was known on the condition of the building. Sonnenberg reviewed the events surrounding the Denton County Taxpayers Association and the Appraisal District. He stated that the Taxpayers Association had presented some information that needed to be investigated and reviewed! I Discussion of the group felt that there might be some errors in the system but that the City and the School District should work together to get the system running smoothly. r .a city of Denton city council Minutes t Saptember 19, 1990 Page 2 7 I r Vicki Holt, DISD, presented a report concerning drugs and alcohol in the schools. There was a growing concern that parents were serving alcohol at private parties to high school studento and that the students were able to purchase alcohol at area convenience stores. She requested help from the City so that the convenience stores would not sell alcohol to minors. She felt that it took a cooperative effort between the City and the School District to help improve the situation. She suggested getting the parents more involved and getting the attention of the convenience stores not to sell to minors. Lloyd Harrell. City Manager, presented the following items: j A. A "thank you" for the transportation of the MLK After School Action Site students. S. A suggestion for increased conversations with the DISD for cooperative efforts in the use of athletic fields. C. The joint swimming pool proposal would have to be put on hold. The City was committed to the concept but needed to wait for the money to be available to proceed with the project. Perhaps some grant honey would be available. Mayor Castleberry suggested a joint effort with the University of North Texas, the Donton Independent School District and the City regarding a baseball stadium. There was a possibility of a minor l+sgue team locating in Canton. With no further business, the meeting was adjourned at 1:30 p.m. i BOB O I CITYCOFTDENTON, TEXXASR JENNIFER %ALTERS CITY SECRETARY + CITY OF DENTON, TEXAS I r 330:'C yyllw.r ~1ta+u e CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 2, 1990 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered action in County vs. City and 'Iao,04190 s. Cit , real estate, and personnel/board appointments i s ( scussed procedures involved in the annual review of the Municipal Judge, City Attorney and City Manager, considered an appointment to the Public Utilities Board and appointments to the Zoning 'Cask Force.} 2. The Council held a discussion regarding approval of the proposed DENCO E9-1-1 budget for the fiscal year 1990-91. John McGrane, Executive Director for Finance, stated that the budget incorporated the same line items and in most cases, the same amounts as last year's budget. Two items of concern that the Council had in the initial funding of E9-1-1 were the monthly reoccurring charges and the non-reoccurring installation charges. The phone company had not yet submitted a bill for the non-reoccurring costs but the reoccurring monthly charges had been incorporated into the budget. There was a possibility that the non-reoccurring costs would be $184,000 less than projected. Included in the budget was a $200,000 contingency fund for additional public safety answering points. Mayor Pro Tom Boyd asked why the executive director's salary was for only four months. McGrane replied that ranton County was sharing an executive director with Tarrent County until March 1991. After that tine a new executive director would have to be found. Council Member Ayer asked if the public education mana7cr position would be a permanent position. Me-lcane replied yes for training for new public safety answering points coming on line in ch iss, etc. Council Member Trent questioned the need for $9,000 for legal 1 fees. i McGrane replied that the money was used for legal counsel at all the board meetings. Council Member Trent questioned the cost of leaainq the office for the District. I I i i l T City of Denton city council Minutes October 2, 1990 r Page 2 g r i McGrane replied that the office was located in Lewisville and was a three year lease. ( 3. The Council received and discussed a report supporting ( certain statutory amendments proposed by the Texas Municipal League to Chapter 143 of the Local Government Code. Lloyd Harrell, City Manager, stated that Fire Chief John Cook and Council Member Alexander had been part of a committee working on the civil Service Act and suggesting to the State legislature on behalf of municipalities, appropriate changes i that should be made. The Texas Municipal League was trying to 1 collect resolutions of support for the proposed amendments for the upcoming legislative session. John Cook, Fire Chief, reviewed the provisions of the changes. Most of the changes dealt with arbitration. The amendments included (1) specifying certain qualifications for third party arbitrators, (2) requiring hearing examiners to base decisions on certain criteria and follow similar procedures as the Civil Service Commission, (3) requiring hearing examiners to have standardization of, proof - must be clear and convincing evidence, (4) limiting appeal cases to demotion, indefinite 1 suspension or disciplinary action of 10 days or more, (5) determining whether charges are true-if true, uphold the decision of the Chief, (6) requiring hearing examiner to follow the procedural rules used by the Civil Service Commission and allowed the City to appeal a hearing examiner's decision for failure to follow the rules, (7) demotion was effective immediately, subject to appeal, (8) implementing affirmative action plans in the police and fire departments, (9) conforming + repeal procedures with adoption prooedures, (10) providing for alternative testing procedures for fire departments. Council Member Alexander felt it was important to find ways to } bring the sides together and then go to the legislature for I changes. I Eddie Woodruff, Denton Fire Fighters Association, stated that 1 steps were being made to find even ground between the Civil Service employees and management. Council Member Gorton asked the firefighters if there were any of the ten amendments that they had a great problems wi,~. Ken Gold, Denton Fire Fighters Association, stated that they did not have any strong objections to amendment M10 as long as a local option for voting was still included. Gold stated that when voters adopted the Civil Service policy, the repeal procedures were included and should remain. He felt that the affirmative action plan was extremely controversial and felt that it was race-based promotional passovere, i I City of Denton City Council Minutes October 2, 1990 Page 3 CIO 4. The Council held a discussion regarding an annexation schedule setting the date, time, and place for public hearings. Frank Robbins, Executive Director for Planning, stated that this was a petition from the Perot Group to annex property on the east side of 135. The proposed schedule was included in the agenda packet and Council would consider it later in the meeting. 5. The Council received and discussed a report regarding a propc2ed ordinance amending Appendix A, Subdivision and Land Development, Code of Ordinances, regarding Parking Lot Surface Standards. (The Planning and Zoning Commission recor,mended r approval.) Frank Robbins, Executive Director for Planning, stated that the most significant change proposed was to not require liming for a new parking lot with cement. The old standard required six inches of lime eubgrade. The Planning and Zoning commission felt that the proposed standard might not be a higher standard but it was one that worked. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: None 1. Presentation of a proclamation for the University of North Texas Centennial Celebration Extravaganza Day. Mayor Castleberry presented the proclamation to Fred Pole and Bill Luker. Mayor Castleberry presented the following proclamations: National Disability Employment Awareness Month and ( j Disabilities Day Clean Denton Month 1 Kid's Month-Take Time for Kids National Mental Illness Awareness Week { National Fire Prevention Week 1 Energy Awareness Month 2. The Council received a citizen report from Matthew 1 Christopherson regarding the speed limit on Avenue A not being enforced. i I , 1 I i Vb Ile- City of Denton City Council Minutes, October 2, 1990 Page 4 t Mr. Christopherson stated that there was an "s" curve north of 135 near Fire station 03. The posted speed limit was 20 miles per hour but was not being enforced. He had filed official complaints with both the University Police Department and the Denton Police Department and felt that nothing had been done. He urged the council to see that the proper ;,peed limit was enforced. 3. The Council received a citizen report from Robert Anway regarding an appeal of the decision of Chief Jez in the matter of Denton City Taxi as stated in **,e City Charter. Mr. Anway, representing Denton Taxi Service, stated that Denton City Taxi was not following proper business practices. He stated that a case had been presented to Chief Jez in which Denton City Taxi was quoting flat rates and jumping calls plus deceptive business practices in the form of ads in the phone book. He presented new affidavits regarding those violations and requested an appeal of the decision of chief Jez. LLoyd Harrell, City Manager, stated that since this was new information since the original hearing with Chief Jez, staff would recommend that the new evidence be presented to Chief Jez for a new hearing to reconsider that information. 4. The Council received a citizen report from Tom Kay regarding swimming pool safety. Mr. Kay stated that safety of children was of major concern. He felt that fences around pools were too short and that children were able to open gates around swimming pools. He would like to see the ordinance changed to raise the height of latches. Mayor Pro TOM Boyd asked Mr. Kay if he knew such an ordinance was on the agenda for Council consideration that evening. Kay replied yes but he wanted to make his point for safety, S. The Council received a citizen report from Joe Dodd J regarding restoration of the Bill of Rights. Mr. Dodd stated that he felt the current sexually oriented business ordinance interfered with three of the Amendments of the Bill of Rights. The ordinance did not address licensing requirements and did not protect children. Most video stores in Denton were in violation by current standards. He requested Council reconsider the ordinance. I 1 I f 1 S 1 s City of Denton City Council Minutes > October 2, 1990 Page 5 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Appendix A. Subdivision and Land Development, Code of Ordinances, regarding Parking Lot Surface Standards. (The Planning and Zoning commission recommended approval.) The Mayor opened the public hearing. Wayne Allen, Building Code Board, spoke in favor of the ordinance. The Building Code Board was looking for middle ground for standards for parking late. The revision of the ordinance would provide for a good parking lot, an affordable parking lot and was a good middle ground for standards. Council Member Trent asked it the City Engineer was in favor of the minimum standards as presented. Allen replied yes. Council Member Trent asked if the Building Code Board was in favor of the standards. 4 Allen replied yes including the Planning and Zoning Commission. Mayor Pro Tom Boyd asked it the standard would allow a more. economical development while still maintaining standards. Allen replied yes that the current standards were too strict and this would allow for a very good parking lot. Mayor Pro Tom, Boyd stated that these would be minimum standards and a developer could do more if he desired. Allen replied correct. No one spoke in opposition, The Mayor closed the public hearing, Frank Robbins, Executive Director for Planning, stated that the proposed ordinance would decrease the concrete thickness required on existing, i:npaved parking lots, would eliminate lime stabilization for new concrete parking lots with scarified and compact*& subgrade, added a standard for channelized heavy load areas, enabled design by a professional engineer in lieu of using the stated specification, and added a concrete slump range from two to eight inches. These standards would decrease costs and added flexibility to parking lot paving in Denton. err 1 ~ 1 City of Denton city council Minutes r October 2, 1990 Page 6 The following ordinance was considered: NO. 90-14?. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING APPENDIX A-5 OF THE DENTON DEVELOPMENT CODE TO PROVIDE FOR A NEW PARKING LOT SURFACE REQUIREMENTS; PROVIDING FOR A PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Boyd seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 7. ordinances A. Thncil amending Chap ere 6 o"Cemete ies" orfd theoCoden off Ordinancens not the City of Denton, Texas by amending Section 6-2 (e), entitled "Platting and Sale of Lots or Blocks" by revising the fees to be charged for plots: repealing all ordinances in conflict herewith. Lloyd Harrell, City Manager, stated that Ordinances A-F were implementing fee increases approved with the new budget. All were consistent with Council's desire in the budget process. The following ordinance was considered: NO. 90-144 AN ORDINANCE AMENDING CHAPTER 6 "CEMETERIES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 6-2 (c), ENTITLED "PLATTING AND SALE OF LOTS OR BLOCKS: BY REVISING THE FEES TO BE CHARGED FOR PLOTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins llayo," Gorton "aye," Ayer "To" Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. l amending ArticleeVCof nChaptern 6d~ VehiclepfornHire"a of othenCode of Ordinances of the City of Denton, Texas by amending Section Departm ent; Fees"; repealing ncall eer ridinanceavid in conflict herewith. Ile- City of Denton City Council Minutes { October 2, 1990 Page 7 i The following ordinance was considered, N0. 90-145 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 26 "VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEAS BY AMENDING SECTION 26-66 (b), ENTITLED "EMERGENCY SERVICE PROVIDED BY FIRE DEPARTMENT; FEES"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Gorton seconded to adopt the ordinance. On roll Vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance amending Article I of Chapter 4 "Animals" of the Code of Ordinances of the City of Denton, Texas by amending Section 4-23 (b), Section 4-34 (b); and by adding a new Section 4-24 1 "Euthanasia"; repealing all ordinances in conflict herewith. I1 The following ordinance was considered: 1 NO. 90-146 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 4 "ANIMALS: OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTION 4-23 (b), SECTION 4-34 (b); AND BY ADDING A NEW SECTION 4-24 "EUTHANASIA"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 1 j Boyd motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer flays," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Article II "Food I Establishments" of Chapter 11 "Food and Food Establishments" by 1 amending Section 11-21 "Permit Required" to provide for a new section 11-21 (d) establishing fees for inspections; and repealing all ordinances in conflict herewith. The following ordinance was considered; ~ ~II I l]b■■ I , 1 City of Denton City Council Minutes " October 2, 1990 Page 8 NO. 90-147 AN ORDINANCE OF THE CITY OF DENTON, TEXAS. AMENDING ARTICLE It "FOOD ESTABLISHMENTS" OF CHAPTER 11 "FOOD F AND FOOD ESTABLISHMENTS" BY AMENDING SECTION 11-21 "PERMIT REQUIRED" TO PROVIDE FOR A NEW SECTION 11-21 (d) ESTABLISHING FEES FOR INSPECTIONS; REPEALING ALL amt' ORDINANCES IN CONFLILr HEREWITH AND DECLARING AN EFFECTIVE DATE, Boyd motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent "aye." Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Article V "Swimming Pools" of Chapter 5 "Buildings" by amending Section 5-179 "Permits to Operato" to provide for a new section 5-179 (c); and repealing all ordinances in conflict herewith. The following ordinance was considered: NO. 90-148 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE V "SWIMMING POOLS" OF CHAPTER 5 "BUILDING" BY AMENDING SECTION 3-1789 "PERMITS TO OPERATE" TO PROVIDE FOR A NEW SECTION 5-179 (c); REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EFFECTIVE DATE, Hopkins motioned, Boyd seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "ays," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance amending Chapter 5 "Buildings" of the Code of Ordinances of the City of Denton, Texas by amending Section 5-10 "Application" and section 5-26 "Same Fee" to provide for revised fees; and repealing all ordinances in conflict herewith. r ,r J < I Y a City of Denton City Council Minutes r" October 2, 1990 r Page 9 t, The following ordinance was considered: NO. 90-152 All ORDINANCE AMENDING OF CHAPTER 5 "BUILDINGS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTION 5-10 "APPLICATION" AND SECTION 5-26 "SAME-FEE" TO PROVIDE FOR REVISED FEES; REPEALING ATL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR Ad EFFECTIVE DATE. Hopkins motioned, Boyd seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. I G. The Council considered adoption of an ordinance amending section I of Ordinance 90-026 providing Rules of Procedure for the City Council of Denton, Texas; amending the Order of Business for City council meetings. Debra Drayovitch, City Attorney, statod that this ordinance was per Council Member Trent's request for a time on the agenda for the pledge of allegiance. The following ordinance was considered: ` NO. 90-150 r AN ORDINANCE AMENDING SECTION I OF ORDINANCE 90-026 PROVIDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; AMENDING THE ORDER OF BUSINESS FOR CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. ` Alexander motioned, Trent seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye,,, Hopkins ,aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance l approving an agreement between the City of Denton, Texas and f Greater Denton Arts Council authorizing the Mayor to execute an r agreement and providing the expenditure of funds therefor. I I ~ L I I 1 P,r y, t r F.. City of Denton City Council Minutes October 2, 1990 Page 10 Lloyd Harrell, City Manager, stated that Council had unanimously endorsed at z previous meeting, the basic agreement reached by the Council subcommittee and the Greater Denton Arts Council subcommittee regarding the purchase of the Campus Theater. That agreement had been put in proper legal contractural form for Council consideration. Numerous meetings had taken place to formalize the contract before the time frame ran out with the owners of the Campus Theater. Harrell pointed out a typographical error on Schedule A. The monthly usage for electricity should be 100 KWH instead of 1,000 M. The Greater Denton Arts Council was aware of the change and were in agreement with the change. Council Member Ayer stated that he felt there was a typographical error in Section I. A. A comma after the word "raisers" did not need to be there. He also felt that Section Viii. A. was too restrictive for the Greater Denton Arts Council. The following ordinance was considered: NO. 90-151 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Alexander seconded that Section VIII. A. be amended to read as followed: "GDAC shall not assign this Agreement, provided however, that GDAC may, subject to Ciey,B written approval, execute an agreement with one or more of its member agencies or representatives thereof to manage the Theater. On roll vote, Trent llaye,ll Alexander 'aye," Hopkins 'lays," Gorton "aye," Ayer "aye," Boyd "aye, 1' and Mayor Castleberry "aye." Motion carried unanimously. Gorton motioned, Hopkins seconded to adopt the ordinance as amended which included the approved motion by Council Member Ayer, the typographical errors noted and the change to Schedule A. Mayor Pro Tem Boyd questioned the wording dealing with users of the building. He felt that it would limit the use of the building. City Manager Harrell, stated that the City's involvement was not to purchase the building or have any ownership interest in the building as it would be under the control of GDAC. The City's interest was to assure that there would be adequate public use of the facility. i •~M1. MIM11tl~ ~ 1 +Y ~r t a it City of Denton City Council Minutes October 2, 1990 Page 11 a 1 Mayor Pro Tem Boyd felt that the City was limiting the GDAC as to what it could do. He understood that the city could use the building and that GDAC and/or its member organizations could use the building as well as individual members using the building. A non-GDAC member could not use the building. A private person could not use the building. Council held a discussion regarding the discrimination of users -g of the building, Council Member Ayer felt that perhaps parenthesis should be added in Section I. A. and other events (including fund raisers) of its Debra Drayovitch, City Attorney, stated that the City may spend public money on a private facility only if certain requirevents were met. A public purpose had to be achieved through the expenditure of the funds, the City must have adequate controls to ensure that the public purposes were being met. The control could be by supervision of the activity or by contractural controls. The City was not purchasing the building but rather agreeing to assist with a portion of the maintenance and utility expenses. The GDAC did not want to be bound to use only by GDAC functions but the City could not legally subsidize the utility or maintenance payments when it was not being used for public purposes. That was why the contract was worded as such. Council voted on the ordinance as amended. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried -inanimously. 8. Resolutions j A. The Council considered approval of a resolution supporting certain statutory amendments proposed by the Texas Municipal League, to Chapter 113 of the Local Government Code, s The following resolution was considered: NO. R90-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING CERTAIN ATATUTORY AMENDMENTS PROPOSED BY THE TEXAS MUNICIPAL LEAGUE, TO CHAPTER 113 OF THE LOCAL GOVERNMENT CODE, AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Alexander seconded to approve the resolution. On roil vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry Hays." Motion carried unanimously, 1 1 i City of Denton City Council Minutes October 2, 1990 Page 12 s , B. The Council considered approval of a resolution temporarily closing portions of Avenue E, Avenue D, West Mulberry Street, West Sycamore Street, Edwards Street, Highland Street, and Eagle Drive on October 18, 1990. Catherine Tuck, Administrative Assistant, stated that this was a request from the University of North Texas in conjunction with the UNT Extravaganza. The following resolution was considered: NO. R90-054 A RESOLUTION TEMPORARILY CLOSING PORTIONS OF AVENUE E, AVENUE D. WEST MULBERRY STREET, WEST SYCAMORE STREET, EDWARDS STREET, HIGHLAND STREET AND EAGLE DRIVE ON OCTOBER 18, 1990; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to approve the resolution. On roll vote, Trent "aye," Alexander '13ye," Hopkins "aye," Gorton "aye," Ayer ltaye,11 Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 9. (Tabled) The Council considered adoption of an ordinance amending Section 5-176 of Chapter 5, Article V (Building Code) of the Code of Ordinances of the City of Denton relating to fencing and gate requirements for swimming pools, providing for a penalty in the maximum amount of $500.00 for violations thereof; providing for a eeverability clause; and providing a repealing clause. (The Building Code Board recommended approval.) Gorton motioned, Alexander seconded to remove the item from the table. On 9011 vote, Trent "aye," Alexander "aye,lt Hopkins "aye,,' GO9tOn "aye," Ayer "aye, 11 Boyd "aye," and Mayor !f Castleberry "aye.,, Motion carried unanimously. I Jackie Doyls, Chief Building Inspector, stated that there had been an amendment made to the c-rdinance relating to spacing ~J within the pool enclosure. Previotely it had been proposed for a 4 spacing for all Poole. That would still apply for new pools however, existing Poole with enclosures could remain at 611 which was the old standard. ' f The following ordinance was considered: II! City of Denton City Council Minutes 4. October 2, 1990 Page 13 i NO. 90-149 t 6 AN ORDINANCE AMENDING SECTION 5-176 OF CHAPTER 5, ARTICLE V (BUILDING CODE) OF THE CODE OR ORDINANCES OF THE CITY OF DENTON RELATING TO FENCING AND GATE REQUIREMENTS FOR SWIMMING POOLS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. h' >i5m` Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "ayo," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 10. The Council considered a motion to adopt an annexation schedule setting the date, time, and place for public hearings (A59). Boyd motioned, Trent seconded to adopt the schedule as presented by staff. Motion carried unanimously. 11. The council discussed and considered an appointment to the Joint City of Denton/Denton Chamber of Commerce Economic Development Board. Lloyd Harrell, City Manager, stated that the City currently had a contract with the Chamber of Commerce regarding the funding of the Economic Development Office. That contract called for a joint City of Denton/Chamber of Commerce Economic Development Board made up of 10 Chamber members appointed by the Chamber and 5 City officials. The five City members serving by Council I appointment had been Council Member Ayer, Mayor Castleberry, Betty McKean, Bob LaPorte and Lloyd Harrell. Bob LaPorte had resigned and a member was needed for his place. t Hopkins motioned, Alexander seconded to appoint John Thompson as he was Chairman of the Public Utility Board to the Economic Development Board. Motion carried unanimously. 12. Miscellaneous matters from the City Manager. A. The council received a report from Rick Svehla detailing results with the State Department of Highways and Transportation Meeting of 9/24/90. G 1 _ i vs, ee iI e i a City of Denton City Council Minutes October 2, 1990 1 Page 14 Deputy City Manager Svehla stated that the Highway Department was currently only dealing with one year. The Highway 2181 project which had been scheduled for 1991 would be scheduled for January of 1992. The Department indicated that they had not dealt with other projects as of yet. The U.S. 77 project would continue on schedule. Staff was suggesting that the City continue meeting on a periodic basis with the Highway Department to maintain contacts and keep the City's projects up front. One optimistic area was with the beautification projects. The Highway Department had indicated that they were going to cut those to continue with therojects but staff was able to persuade them with the Highway Depart ent is as the City already had contracts B. Svehla reported that Maasch Branch Road was now open for public traffic. 13. There was no offiel-L action taken during the Executive Session of the Work Session. 14. There were no items of New Business suggested by council Members for future Council agendas. 15. The Council convened into the Executive session to discuss personnel/board appointments (discussed procedures involved in the annual review of the Municipal Judge, City Attorney and City Manager, considered an appointment to the Public Utilities Board and appointments to the Zoning Task Force,) The Council convened into open session and took the following action: to appoint the i followiA. Gorton motioned, Tront individuals to the Zoning Task Force: Geneva Berg Mike Cochran Elizabeth Evans Jim Huff Reginald Logan John Adami Linnis McAdams Joyce Pool David Caswell Mot!on carried unanimously. I With no further business, the meeting was adjourned. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 3306C i i 1 i 1 k t F, CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 16, 1990 , The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: Mayor Pro Tem Boyd 1. The Council convened into the Executive Session to discuss legal matters (considered action regarding claim my1^ against Washington National), real estate, and personnel/board appointments (considered an appointment to the Planning an-i zoning commission and considered appointments to the Zoning Task Force). The Council received a report from Sandra Palacios-Plugge regarding a movie which will be filming in Denton near the end of October. 2. The Council received a report and considered giving staff direction regarding an ordinance proposing a temporary increase in the taxicab rates. John McGrane, Executive Director for Finance, stated that a request had been received from Denton Taxi Service and Denton City Taxi regarding a temporary increase in fare rates due to the rising fuel costs. The current rate was $1.10 per mile and the proposed rate would be $1.30 per mile. Denton Taxi Service had indicated that their fuel costs had gone from $.97 per gallon to $1.27 per gallon with daily cost increases. The last time there was a rate increase, a public hearing was held although that was not a requirement. Staff was suggesting an J ordinance change to cite a per mileage rate associated with the ! cost of gas. It was recommended that at the next Council meeting the council consider an ordinance increasing the per I mile rate to $1.30 for 30 days and staff continue to work on an I ordinance with the Legal Department for a more permanent solution. Council Member Alexander suggested proceeding with the J temporary increase without a public hearing and hold a public hearing when the final changes were proposed. Consensus of the council was to proceed with staff recommendation. 3. Council reviewed and discussed the proposed contract for the Moore Building and possible use of the building. 11 1 i City of Denton City Council Minutes j October 16, 1990 Page 2 Steve Brinkman, Director of Parks and Recreation, stated that Moore's was proposing to donate to the City two buildings and a parking lot. One building was 150,000 square feet with 30,000 square feet for office space and 120,000 square feet for warehouse space. The second building had 10,000 square feet of warehouse space, The parking lot had 177 spaces and also 3% on-street packing spaces were available. Status of the structure included (1) it was a good downtown location, (2) it was a sound structure with heavy duty construction, (3) it would be easy to renovate, (4) it had a good fire sprinkler and electrical system, (5) there was some asbestos to contain in t the building which would cost approximately $15,000 or to remove would cost approximately 3100,000, and (6) the HVAC system would need to be replaced before any long term use. Terms of the contract included (1) the City would accept the building on December 14, 1990, (2) the City would pay for all recording fees, title searches, surveys, and insurance needed to complete the transaction, (3) the City would reimburse Moore ri City O would which reimburse Moore $430 for funds npaidptoithe,Missouthe Pacific Railroad to hold a land lease used for a parking lot, and (5) Moore would pay all ad valorem taxes on the property for 1)90 except those due the City of Denton. A potential long term option for the building was to use it for the new law enforcement/court complex. It would be cheaper to renovate the building than to build a new building. A new building would reduce the amount of money available as land would have to be purchased from the bond money approved by voters in the 1986 bond issue. Brinkman stated that the Comprehensive Space Master Plan Study would help determine the best use for the building. Lloyd Harrell, City Manager, stated that the Study would be j completed before any decision would be made to use it for the I law enforcement/court complex. Brinkman continued that there were three potential short term options for the building. Option I would mothball the building beginning December 15, 1990, for up to three years. This would shut down all non-essential equipment and would leave the building unoccupied. Option tI proposed to vacate the current City Annex and move those Departments now located in the Annex to the Moore building. At the same time, approximately :5,000 square feet of the building would be needed to be rented to outside users to offset the costs of keeping the building open. Option III would allow the entice facility to be leased on a long term basis (20 years) to one lessee. This option assumed that the City would renovate the HVAC system before leasing and would be responsible for structural improvements only after that period. y it V I y i r City of Denton City Council Minutes October 16, 1990 Page 3 Staff was recommending that the City accept the building and proceed with option II. If the additional 15,000 square feet of the building could not be rented out, then staff was recommending option III. Consensus of the Council was that Option II was the most desirable option and to proceed with such. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: Mayor Pro Tem Boyd 1. Pledge of Allegiance Council and audience recited the Pledge of Allegiance to begin the meeting. 2. Council considered approval of the minutes of the regular sessions r,.: August 7, 1990 and August 21, 1990. Trent motioned, Gorton seconded to approve the minutes as presented. Motion carried unanimously. 3. Presentation of Yard of the Month Awards Mayor Castleberry presented the awards to the following: Don and Helene Woolet Fred Gossett Elton F. and Dixie Clardy ? Mayor Castleberry pcosented the following proclamations: Red Ribbon Week Business Women's Week 4. Public Hearings A. The Council held a public hearing to consider the final plat of Bell Place Addition, Lots 2R and 3R, being a replat of Lots 2,3, 4, and 7 of Bell Place. (The Planniag and Zoning CommSssion recommended approval.) t The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. k City of Denton city council Minutes October 16, 1990 Page 4` The Mayor closed the pubic hearing. Owen Yost, Urban Planner, stated that the property was located between Mingo and Bell, north of McKinney. The proposed use of the property was a place of worship on Lot 2-R. Lot 3-R was the site of future garden offices. Lots 5 and 6, currently the sites of one story offices, were currently developed and would remain unchanged within the proposed Lot 3-R. A ten foot strip of right-of-way would be dedicated to the City. Hopkins motioned, Ayer seconded to approve the plat. On roll vote, Tent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. 5. Consent Agenda Ayer motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimotA41y. A. Bids and Purchase Orders: 1. Bid #1136 - Participation Camping World 2. P.O. #99479 - Holman Boiler Works j 3. Bid 41068 - Lewisville/Ray Roberts 1 Hydroelectric Change Order #1 4. P.O. 084643 - Black 6 Veatch Change order 01 I - Ray Roberts Lake S. P.O. #85491 - Black 6 Veatch Change Order #2 - Lewisville Lake 6. P.O. 010164 - General Electric 7. P.O. 010165 - General Electric 6. ordinances Mayor Castleberry stated that Ordinances 6.A. - 6.F. were implementing the Consent Agenda. I I i i 1 Ia City of Denton City Council Minutes October 16, 1990 r Page 5 The following ordinances were considered: 6.A. NO. 90-153 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS t~ FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, ]l SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM ae, REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. i 6'B' N0. 90-154 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND EFFECTIVE DATE. THE TCONTRACT PRICE; AND PROVIDISNGN AN F IN 6.C. NO. 90-155 i AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT ' FOR DESIGN ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK & VEATCH FOR ENGINEERING SERVICES K RAY ROBERTS HYDROELECTRIC RELA,rING TO THE FACILITY: AND PROVIDING FOR AN EFFECTIVE DATE, 1 6.D. NO. 90-156 DESIGN CEENGAPPROVING INEERING SERVICES NO. 2 TO AN AGREEMENT FORORDINANCE DENTON AND BLACK 6 VEATCH FOR ENGINEERING SERVICES RELATING TO THE A FACILITY, AND PROVIDING FOR AN EFFECTIVE DATE. ROELECTRIC 6.E. NO. 90-157 AN ORDINANCE PROVIDING FOR TH3 EXPENDITURE OWHICH UNDS T ARE FOR PURCHASES OF MATERIALS OR EQUIPMEN AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVIDING RAN PROVISIONS LAW ING REQUIREMENTS F OFTACOMPETITIVE EXEMPT BIDS;SUAND PURC EFFECTIVE DATE. .r City of Denton City Council Minutes October 16, 1990 Page 6 s 6.F. r NO. 90-158 i AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING WATER AND SEWER FACILITIES FOR CAMPING WORLD DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Trent seconded to approve Agenda Items 6.A. - 6.F. On l "aye," Gorton "aye.,, Ayer enaye " and Mayo. ..aetleberry "aye Motion carried unanimously. 0. The Council considered adoption of an ordinance approving the funding agreement between the City of Denton and Fred Moore Child Care Center: authorizing the Mayor to axecute the agreement; and approving the expenditure of funds thr.refor. Lloyd Harrell, City Manager, stated that this item was implemented by the new budget. i The following ordinance was considered: ++I NO. 90-159 1 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTERS AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE of FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance amending Article V of Chapter 24 "Traffic" of the Code of Ordinances of the City of Denton, Texas by amending Section 24-131 section (c) (2) to provide a orstorage dinances8ein rconflict (12); repealing revised herewith. I Lloyd Harrell, City Manager, stated that Items 6.H. and 6.1. implemented fee changes approved by Council in the new budget. J The following ordinance was considered: l k J,,,,, City of Denton City Council Minutes, October 16, 1990 Page 7 f "r NO. 90-160 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 24 "TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTIO41 24-131 (c) (2) TO PROVIDE A REVISED STORAGE FEE; REPEALING SECTION 24-131 (12); REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. 1. The Council considered adoption of an ordinance 14 i amending Chapter S. Article 1 (Building Code) of the Code of Ordinances of the City of Denton, Texas to provide for amendments to Section 5-3, by amending the 1985 Uniform Building Cade thereto to provide for demolition fees; and repealing all ordinances in conflict herewith. The following ordinance was considered: NO. 90-161 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I (BUILDING CODE) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR AMENDMENTS TO SECTION 5-30 BY AMENDING THE 1985 UNIFORM BUILDING CODE THERETO TO PROVIDE FOR DEMOLITION FEES; REPEALING ALL ORDINANCE SIN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Alexander seconded to adopt the ordinance. on roll vote, Trent "aye," Alexander "aye," Hopkins "Aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried inanimously. J. The Council considered adoption of an ordinance abandoning and vacating a portion of Myrtle Street located between Daugherty Street and Locust Street as a public street; and reserving a utility and drainage easement therein. (The Planning and Zoning Commission recommended approval.) Jerry Clark, City Engineer, stated that this abandonment was located in the area just off Fort Worth Drive in the area where the Eagle Point Subdivision was proposed. Access to the site had been discussed with Council earlier in the year and this ordinance would begin abandonment of the one section of Myrtle Street which had been agreed was not necessary for access to the area. l~ City of Denton City Council Minutes October 16, 1990 k Page 8 k f The following ordinance was considered: , NO. 90-162 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING A PORTION OF MYRTLE STREET LOCATED BETWEEN DAUGHERTY STREET AND LOCUST STREET AS A PUBLIC STREET: RESERVING A UTILITY AND DRAINAGE EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to adopt the ordinance. Council Member Trent asked what type of barricade would be constructed and the cost of the barricade. Clark replied it would be a traffic barricade with an 8" post and steel barrier with reflective tape and a warning sign. The Eagle Point Subdivision would be responsible for the cost of the barricade once work was completed on the south end. Council Member Trent asked how long it would take to erect the barricade. Clark replied one to two weeks. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. K. The Council considered adoption of an ordinance ! accepting a tract of land, as shown in the dedication deed executed by Denton Bible Church, attached hereto, for street and utility purposes. 1 Jerry Clark, City Engineer, stated that the riqht-of-way was I associated with the Nottingham project between University Drive and Mingo Road. Denton Bible Church had agreed to dedicate the street right-of-way following the street through their n concerning thealignment rseveral tract. The following ordinance was considered: NO. 90-163 AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE DEDICATION DEED EXECUTED BY DENTON BIBLE CHURCH, ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES: AND DECLARING AN EFFECTIVE DATE. I I f { j i r~ P City of Denton City Council Minutes October 16, 1990 Page 9 r Trent motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. L. The Council considered adoption of an ordinance of the city of Denton vacating a public utility easement located near the intersection of Highway 380 and Cooper Creek Road, on property owned by Safety-Kleea. Jerry Clark, City Engineer, stated that the easement was located on the south end of the Safety Kleen property. There was no the property rand need for electric tw was service tremovalportion of the li i easement. The following ordinance was considered: NO. 90-164 AN ORDINANCE OF UTILITY EASEMENT: T AND DECLARING £ AN EFFECTIVE DATE. I Hopkins motioned, Alexander seconded to adopt the ordinance. , On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. M. The Council considered adoption of an ordinance amending Article III of Chapter 2 "Administration" of the Code of Ordinances of the City of Denton, by adding a new Section 2-39, entitled "Change Orders". Lloyd Harrell, City Managor, stated that this item tracked the state statutes regarding the administration of change orders. li The current City code did not address the handling of change orders through a series of amendments made to the purchasing section of the ordinance. This put in place a formal procedure to handle change orders that might come about regarding City contracts. The following ordinance was considered: ' NO. 90-165 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ADDING A NEW SECTION 2-39, ENTITLED "CHANGE ORDERS"; CONFLICT HEREWITH: AND PROVIDING REPEALING FOR AN EFFECTIVE ORDINANCES DATE. i i~ ltF wr wes C City of Denton City Council Minutes October 16, 1990 Page 10 Ayer motioned, Hopkins seconded to adopt the ordinance. on roll vote, Trent "aye." Alexander "aye." Hopkins "aye." Gorton "aye," Ayer "aye." and Mayor Castleberry "aye." Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution pursuantf toe ArDenton ticle C1432e aproving the 1990-91 Emergency Communication fiscal V.A.T.S. The following resolution was considered: N0. R90-055 A RESOLUTION APPROVING THE 1990-93. FISCAL YEAR BUDGET OF THE PURSUANT E TO OARTICLE COUNTY EMERGENCY GV A TCS ANDT DECLARING IAN EFFECTIVE DATE. Council s fee. was it ged against a billing or how was it figured. l~l char j McGrane, paid whether vtheiwork was done naorenot. The attorney had to attend the monthly meetings and any special meeting of per months did the Board guarantee the plus review a certain number of documentation. Council Member Trent asked who hired the attorney. MCGrano replied that the DENCO Board hiL3d the attorney. Council Member Trent questioned the escalation of the coat of I the office space used by DENCO. McGrane replied that the first director of the DENCO E9-1-1 entered into a three year lease for office space in Lewisville the lease off of 135. At the time the Board approved th lease called for free rent for approximately six months and then after that e toleas ots would Nunn , the current director, had the =15 15 per indicated to him that he would strongly advise the Board to loo;: at other space when the lease expired or renegotiate tht lease. Council Member Ayer asked about the City's role in approving the budget. I E t yiu.. ar.rr c~ C r City of Denton city council minutes r October 16, 1990 Page 11 McGrane stated that the city with the largest amount of customers had to approve the budget and then a majority of the other entities had to also approve the budget. Council Member Trent stated he felt that the Board had a certain amount of money to spend and they would spend it no matter what. He felt that that was not being responsible to the citizens who had to pay for the system. Alexander motioned, Ayer seconded to approve the resolution. On roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Gorton "aye." Ayer "aye," and Mayor Castleberry "aye." Motion carried with a 5-1 vote. 8. The Council considered a motion to adopt an annexation schedule setting the date, time, and place for public hearings for the annexation of approximately 920.42 acres located east of and abutting 135w at the intersection of Allred Road and the annexation of 450 acres at the intersection of 135W and FM 2449. Frank Robbins, Executive Director for Pla,aning, stated that the Council had initially adopted a schedule at its meeting of October 2, 1990. Since that time, staff had received a petition for a 450 acre tract which was contiguous to TPG's property. As the Zoning Task Force was appointed on October 2, 1990, the proposed schedule would allow for their review of the Planned Development section of the Zoning Ordinance during the annexation process. The proposed schedule would coincide with the Councils regular meetings, rather than special meetings. Hopkins motioned, Trent seconded to adopt annexation schedule 2A. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. I 9. Miscellaneous matters from the City Manager. E Lloyd Harrell, City Manager, presented the following item: A. Harrell stated that the Mayor was working on the appointment of an additional official to serve on the 9-1-1 Board, Two members of the Board were appointed by the cities within the County. That was done on a staggered basis each J year. One of the city representatives was olive Stephens who 1 was the Mayor of Shady Shores. The second seat was held !y an individual who was not associated with any city government. Future appointments would try to have someorc+ ass%zlated with z.. city government. f t i i v.. f Nj~ yF[ Fj■F J F City of Denton city council minutes October 16, 1990 page 12 10. official Action on Executive Session items The following action was taken on items discussed in the work Session Executive Session: appoint A. Hopkins m otioned, Alexander seconded to " Coctori the Zoning Task Force. on Richard Norton and See„° hl exander to "aye," Hopkins "aYe~ and Mayor Castleberry "aye." Motion carried roll vote, Trent "ay Ayer Trent xa~' "aye n unanimously. oint Roy B, Ayer motioned, Gorton seconded to app the and Zoning Commissio Trent!"aye, Appleton III m the planning a On toll voteAyec Etha Gorton "aye," "aye," and unexpired aye,„° Hopkins 'Aayee[• Alexander Motion carried unanimously. Mayor Castleberry "aye il. New Business suggested by Council The following items of New Business were Members for future agendas: kins asked why there was a A. Council Member Hop in the council receiving information ding the that exclusion o delay rate. It was her underecialimeeting immediately the utility this Council Utilities Board was to meet a s after the council's last meeting l was to h atesand She that had be by en assured be meeting. thinC the !utility rates a recommendation regarding t e exclusion PMbers that they would meet and would have a utility Board m... recommendation for Council. ~rrell stated that the Public UtAilities isdr had } City manger 4 not met since the last council meeting. eleca, last council meeting but discussion had been scheduled conversationse lic Utilitlies 14embers had Board was k had beet Board members, The P1 on that agenda was a had with utility scheduled for a meeting on Wednesday. categories. Bob for woreiap the 2, discussion of the electric rates eanti:ee, had All that Nelson, Executive Director for Utilities, come up with an optional rate for that cate9orY. information could be presented at the next Council meeting it the Council so desired. I, t. i it , City of Denton City Council Minutes October lb, 1990 Y Page 13 12. The council did not meet in the Executive Session during the Regular Session. With no further business, the meeting was adjourned at 7:S4 P.M. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 3308C I E 1 I Ile 4: :Irr r. f CITY COUNCIL o n co ~s n a voOO r t +'O~ o H t pp °aQa ancoaA i i 4 c r: P` 4 1 DATES 11/6/90 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager ROAD PROPOSED OF HEARING SUBJECT: LOCHOLD A ATED PUBLIC INTERSECTIONF OF 3ALLRED ROAD AND 135 W (A-59) RECOMMENDATION: The public hearing is intended to give all persons interested in the proposed annexation the right to appear and be heard. The Planning and Zoning Commission will make a recommendation on November 28, 1990. SUI1MARy t i On October 16, 1990, City Council adopted an annexation schedule setting the date, time and place for public hearings with respect to 1 the proposed annexation (A-59). Council at that time directed staff 1 to prepare a service plan for a 920.42 acre tract located north of Crawford Road, east of 135 W and an adiacent 446.70 acre tract located at the intersection of FM 2449 and 135 W. A. copy of the Service Plan to attached. SACYGROUND: e The proposed annexation has been initiated by the owners of the 1 tracts in order to facilitate zoning for Planned Development to allow for light industrial, offices, commercial and institutional uses. 1 f PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: All city service departments including Utilities, Engineering, Fire Police, Solid Waste, Environmental Health, Parks and Recreation and J Library. I ! FISCAL IMPACT: i I These tracts c.:rrently have agricultural exemptions which will i! result in minimal ad valorem tax benefits to the city. The J potential tax base, however, could be substantial when these tracts ; are developed. 1 f I 3 1 t City Council Report Page 2 November 6, 1990 r Respec lly submit ed: Prepared by: Lloyd Y. Harrell City Manager N. eraaud Harry AN!~ Senior Planner Approv Fran H. Robbins, A CP Executive Director Planning and Development 2435x I { I j I I I S 1 1 S ATTACHMENT I Av59 MOFiTM ge S I _ DE ON k ;mIt lap 02 iii' t, ~ • JJ . - - • •1.1 • • S•.~%Q1 . fE ~.y• CY''•1iry . r ...wr_~:j I _w . JI 1 1 LIMITS ~Y •'~f-~; : •°~f.'o:i 1 €~r 11 , . . JA a + f l• 'L I fi. L t~ %0 owl ~ 11 1 #gas Il ~ r lAll 7 1 L:• • ` • >lifl AAA wmi 11 _ t • Ad 10 i i s w a J ' • lil.1T L u 111 wi / • • d L • .t of a aid ^1 r / J ✓ 000 it 0.0 .EI• • • i . t I 1 I r 1''' I f.~ I YLE IF •i tA.1 MHIA\• fl f~ ` • o♦ N! • r rv,r..1 i ►INAI YwlA"3 1 "1 AI. = at r J • J 1 • _ ' ~Ca 111 AI 1{rµ1• IM lw r \11 1 J t! f fp: . . ♦ f A• .uon`` f • •CPER•. • 10 ' 11 rp • L$ CANE OIL. I T l r, fl•f KI'• AA. NOIff11 h .CORRAL' A • f j CIT1 , • A. E' IiA111 MIA. R/. t ~ \ rat oa r~ i~ r ~ ~ I ~ \ ~ 111 I Lllr AI. ' • , 'i DOUBLE OAK NIPPON SCALE l~l~h1C DATE 1D , 1 a 1 ~Q i a ATTACHMENT 2 EXHIBIT "A" SERVICEMAN Annexation Number A-59 Acreage Proposed For Annexation: 1367.12 Acres J Site Location: North of Crawford Road at the intersection of 1-35W and FM 2449 A. Police Servace 1. Patrolling, response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment, r 2. As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area tha maximum I level of police services consistent with the characteristics of topogoaphy, land utilization, and population densities within the area as determined by the City Council within four and one-half (4%) years from the date of annexation, or upon commencement of development tvithln the area, whichever occurs first. i 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City. I ~ B. Fire protection and Em Mcncy Medical Services (EMS) 1. Fire protection and em.-.rgency medical services by the present personnel and I present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. As development and construction of subdivisions commences within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utilization, and population densities of the area, as determined by the City Council, within four and one-half (41h) years from the date of the annexation, or upon commencement of development within this area, whichever occurs fast. i 2-1 1 i { r.l. c41 d Y 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the City. C. Water/Wastewater Services Water and wastewater services will be extended to the property in accordance f to the City's master utility plan and Article 4.09 of the Subdivision and Land Development Regulations. Developers shall pay the actual cost of all water and sewer main extensions, lift stations and other necessary facilities required to serve their development in accordance with the City's master utility plan and the Subdivision and Land Development Regulations. The City may participate in the cost to oversize water and sewer mains subject to fund availability and approval of the City Council. Where water or sewer main extensions, lift stations, force mains or other aecessary facilities are installed by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro-rata charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations. a I D. Solid Waste Collection 1. Solid waste collection will be provided to the property at the same level of i service as available to comparable areas within the City, within 60 days of the effective date of annexation. 2. As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth. 1 E. Streets and goads 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation. 2. Routine maintenance of streets and roads will begin in the annexed area on the effective date of annexation using the standards and level of service as 2-2 Meav~ i , y' r currently applied to comparable areas of the City. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, constmcdon of curb cuts and gutters, and other such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the City. 4. Traffic signals, sigw..ge and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. 5. Street and road lighting will be installed in the substantially developed areas in accordance with the established policies of the City. F. Environmental Health and Code Enforcement Services i 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. These ordinances and regulations will be enforced through the use of existing personnel. 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the City, will be enforced within this area beginning with the effective Bete of the annexation. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned l above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. S. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexation. 6. As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same level of environmental health and code enforcement services as are furnished to comparable areas within the City. 2-3 nr u I~ h G. PlagWng a lid Development Services The zoning jurisdiction of the City will extend to the annexed area on the t effective date of annexation. A Planned Development (PD) zoning district ` designation is anticipated for this area. I~ I. Parks and Recreation Services ~I Residents of the newly annexed area may use all recreation facilities, including ` parks and swimming pools throughout the City, on the effective date of the f annexation. The same standards and policies now used within the City will be followed in the maintenance of parks, playgrounds and swimming pools. I Electrical Distribution Electrical power will be made available to the site as required, at the same level of service currently being provided to comparable areas within the City. K. Miscellaneous Street names and sign will be installed, if required, approximately six (6) months after the effective date of hrmexation. Residents of the newly annexed area may use all publicly owned facilities, ` buildings or services within the city on the effective date of the annexation. All publicly owned facilities, buildings or services will be maintained In accordance with established standards and policies now used in the City. L. Capital Im_nrovements Program (CIP) The CIP of the City is prioritized by such policy guidelines as: 1. Demand for services as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional i studies. I 2. The overall cost-effectiveness of providing a specific facility or service. The annexed area will be considered for CIP improvements in the upcoming CIP j plan. The annexation area will be considered according to the same established criteria as all other areas of the City. i ` 2-4 j w f[Ir I 4. f ATTACHMENT 3 i NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION A-59 i NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, proposes to institute annexation proceedings to alter the boundary limits of said City to add the territory described in Exhibit "A", attached hereto and incor- porated by reference herein, to the corporato limits of the City of Denton. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the 6th day of November, 1990, at 5:10 o'clock P, M, in the City Council Chambers tie Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. arry ersau , "ICF Senior Planner i Thin notice and attached six pages to be published October 21, 1990. r 2400x I EXHIBIT A TPACT II BEING 917.600 saes of Lod shunted L Lha B.B.B.&C.RJL Survey, Abtrad Na 138, BAB AC.R.R. Survey, Abwaa No. 159, B.BA AC.RJL Survey, Abstract Na 14 0. Poulople Sonny, Abetrad No. 1041, rod the S Pritchett Surrey, Abtred No. 1021, Dootoo Cowty, Ted mid 917.600 ma being mare pankularly dacrrbod a rolloft. BEGINNING N the wrthmt wrwr of the B.BAA C.R.R. Surrey, Abtrw Na L% MW point dw WAS t!e oorth*md eerier of the W. Smith Survey, Abuoa No. 1182 of sMreaW eoaety, mW point silo beisy IA Iohaeoa Law sed hide Rgod; THENCE S 00'OQ'39'W, 364&V bet sloes the art Pw od the aW 113.11A CYJL Survey, Abstract Na LSB; THENCE N 89"32'20'W, 229044 fact; THENCE N 00'58751[, 497M bey THENCE N WP!F 51'W, 274.12 :'r:'. to the eat r4*4-way of late MU HWmV We THENCE aloof tb at dod way of latwdm HWmM 3SW the MBowisl ask L N 29'SSOSE, 84736 bet; 2. N 24'19'46'E, 200.06 teen 3. N 29'S1392,71643 feel to the bo&misl of s inns to the LR W4 s radius of IIXL73 feet. a cowW eke of 03'06'14', s -*ad berm of N W24'SM s AW dWava of 62341 lacy 4. THENCS sloog wW we Qm fay 5. N 26'3174'4 2,147.84 bet; & S 89'21'18'4 470.78 fny 7. S 75054'08'7!, 7135 bey & S W403M 80.17 bel 9. N 7274'417, 52.80 Ims4 10. N 1TLT10'4 51.61 bel 1L N 64`JMWW, MM bey 4 11 N 34"4f'14OWl 163.41 bey f LL N 3M31'W, 210.711 bel; 14. N 26x31417, 3,16530 feel: 11 N 31400 20SP lsel 16. N 21WW8v 3"A3 bet; V. N 33'74'31'4 400.30 bey 18. N 76'3/'554 MOM fool it. N 15'41'wK 30623 lest 31 N28'SrVIL 1133AS hilt THENCE S 89'Sr01'4 MAS boo to s poW Is tb wit be of As L 94moom Stlvtty, Alutreot Na 401; naima S. o0 UIM 2,217AS bat to WW ooutlmw owm of the woo L Edmottsow Sonwo THW92 S 11'31'41'4 2,651.76 tW. sk" tb toslt be of tb wW a. Z6@W ow SWV N s point L Baewlo llroo Rowsk Page 1 ..w.. . _ +fl.~v.. ~~tt {1` I 1 ` 1 ~ 1 1 +r~, S f THflNCE S ooryrss3,21J.0! fast vftL tloo.ia flea Road io a powt f. Ailed Rook THINGS N Ii"27'WW, 3, AI feet wkk AIYd Rook THENCE N W4110W, 2,=M fad aritb A14d Rook THENCE S 00'06'", 2,429.77 fast, to a polat is fofraoa Lm, THENCE N W M40W, ?.WX feet to do POWT OF BEGINNING and coatainia6917AW gaga (29,910,431 aquas feet) d land, own at lag TRACt IV amwo a 2.82 an trod dfond a wAod be tee d rfaaae Sanay, Abetted No. 9K Do" Coart% Tuna, :%d bunt • pon at a n3 030 age trod d domeribed roa deed hou CCor, Tom, uW Ormsby 2424 aim boingw M49" a raeordad to !a Vohura 221 21. Pala a2, Deed atoeda, 1 &wibed r fotow { BEGINNANO at tb aawt goad arty aoatbaat eases of tM aald 49.518 we read; 1 THI xx N8 WLVW, 3"Ad 'gat to *1 ad rw-d Pay of [aaaratw HWMY sm, THENCE N30'OL'28'B, W.64 feat aloq Wd art rykd-wy be of Iatwdw Hit" 3m J THENCE N2T4i'4m =a bd gloat acid "A rwd4"v so d fatwalaa No" no,, I' 1 ` 1'NEIVC'E N29'SYS17,106.73 lot THENCE SOOZ1Y0 k fox fiat to tits POW OE noQrl m ad aoataiaiq 2,82 setae (122,8{1 at} A.) of WA "a or law, i 1 I V i Page 2 I J I ~ 1{ 1 ~I l F 1 I t' f ' Being all that lot, tract or parcel of land out of the James C.olionson Survey, Abstract No. 401 and the James L. Harris Survey, Abstract No. 555 and a part of the S. A. Pritchett Survey, Abstract No. 10219 situated about 4 miles south 35 degrees west from the courthouse in Denton County, Taxsel and embracing Parcel No. 10 Parcel No. 2 and Parcel No. 3 described in the dead to Henry S. Miller Company recorded in volume 2240, page 481 of the Denton County Deed Records. PARCEL N0. 1 Beginning at the southeast corner of said J. E. Edmonson Survey in the middle of a County Road for the southeast corner of said Parcel No. 1s from which an 8" pipe post hears north 68 degrees-50 1/2 minutes west 30-5/10 feet. Thomas north 88 degrees-50 1/2 minutes west, to and slonQ a fence for the south line of said Parcel No. 1, a distance of 2658-8/10 feet to a 1" iron on the west side of a corner post of a fence, for the south- west corner of said Edmonson Survey and the southeast corner of said S. A. Pritchett Survey and southerly southwest corner of said Parcel No. 1. Thence north no degrees-33 minutes east, along the common line of said Edmonson and Pritchett Surveys for the southerly west line of said Parcel No. 1, a distance of 2217-5/10 feet to a 1" Leon on the seat side of an old 10" Oak corner post of a fence for a reentrant corner + of said Parcel No. 1. ; Thence north 89 degrees-07 minutes west, along a south line of said Parcel No. 10 a distance of 1997-5/10 feet to a 1" Iron for the 1 westerly southwest corner of said Parcel No. 1 and the southerly southeast corner of the 42.526/1000 Berea tract described in the deed to the State of Texas for highway right of way recorded In volume 529, page 538 of the sold Deed Aeeordes I i i Page 3 1 J S ~IGiw..r ; ~v A f s thence northerly along the westerly line of said Parcel NO. 1 and easterly line of said State of Texas tract: „IS north 27 degrees-24 minutes east 67-4/10 feett north 30 degrees-31 minutes east 599-9/10 feet to a damsoed highway monumentl north 77 degrees-39 minutes seat 312-5/10 feet to a highway monumentl north 27 degrees-43 minutes east 644-5/10 test to s highway monument; north 17 degree2-37 minutes west 183-1/10 feet to a dameged highway monumentl north 62 degrees-28 minutes west 139-2/10 feet to a highway monument{ north 27 degrees-28 minutes most 426 feet to a highway monumentl north 22 degrees-23 minutes east 99-7/10 feat to a damaged highway monumentl north 27 degrees-37 minutes east 1270-5/10 feet to a 1" iron in the north line of said Pritchett Survey and for the northeLst corner of said Parcel No. 1. I Thence mouth 89 degrees-02 minutes sest, along the said north line of II Pritchett Survey, to and along the north line of said Harris Surveyp for the north line of said Parcel No. It a distance of 3061-8/10 fast to a 1" iron for the northeast corner of said Harris Survey and sold Parcel Noe 1. Thence south no degrees-06 minutes west, to and along the said middle of County Road, being along the stet line of said Harris Survey, to and along the seat line of said Edoonson Survey for the east line of said Parcel No. It s distance of 5299-2/10 feet to the plats of beginning and containing 401.23/100 acres of which 3.96/100 scree lie within said County Road, leaving 397-27/100 acres exclusive of said Road. Page 4 1 r ~ A I, i i PARCEL NO. 2 Beginning at a 1" iron on the northwest side of a corner poet of a fence for the northwest cornet of said Parcel No. 2 and by previous .a deed call to be the northwest cornet of said S. A. Pritchett Survey, Abstract No. 1021. Thence south 89 degrees-02 minutes seat, along the north line of said Pritchett Survey for the north line of said Parcel No. 20 a distance of 1602-6/10 feet to a 1" Iron for the northeast corner of said parcel No. 2 and the northerly northwest corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right of way recorded in volume 529, page 539 of the said Osed Records. Thence southwesterly along the easterly line of said Parcel No.,2 and westerly line of said State of Texas ttactt south 27 degrees-33 minutes west 749-3/10 feet to a damaged highway monumsntl south 37 degrees-33 minutes west 405-2/10 feet to a highway monumentl south 27 degrees-44 1/2 minutes west 424-4/10 feet to a highway monumentl north 62 degrees-24 minutes west 490-2/10 feet to a damaged highway monument for a northwest corner of sold State of Taxes tract in the north line of the right of way of the Denton to Ponder Rood. Thence north 61 degrees-52 minutes west, along the said north line of right of way of the Ponder Road for a southwesterly line of said Parcel No. 21 a distance of 423-9/10 feet to a 1" iron for the southwest corner of said Parcel No. 2. Thence north no degrees-53 minutee soot, along the west line of sold Parcel No 20 a distance of 996-9/10 feet to the piers of beginning and containing 35-6/10 sorea. PARCEL NO, 3 Beginning at a 3/4" iron for the southwest corner of said Parcel No* 3 and being by deed call in the west line of amid 5. A. Pritchett Survey, Abstract No. 1021. Page 5 k i f■c8■ ~ i a Thence north no degrees-33 minutes east, along the west line of said Parcel No. 3, a distance of 1963 foot to a 1" iron for the northwest corner of amid Parcel No. 3 in the southerly line of right of way for s r the Denton to Ponder Road. Thence south 62 degrees-17 minutes east, along the said southerly line of right of way, for the nOtthsrky line of sold Parcel No. 3, it distance of 372 foot to a highway monument for a southwest corner of the 42-526/1000 scree tract described in the dead to the State of Texas for highway right of way recorded in volume 529, page 530 of the said Deed Records. Thence southeasterly and southwesterly along the easterly line of sold Parcel No. 3 and said westerly line of State of Texas trecti south 38 dogrose-26 minutes east 200-5/10 feet; south 6 degrees-10 1/2 minutes west 204 feet to a 7/6" iron; south 27 degrsem-39 minutes west 400-2/10 feet to a highway monument; south 27 dsgres•-41 minutes asst 3514/10 foot to a damaged highway monumonti south 27 degrees-40 minutes west 056-5/10 feet to a 1" iron for the southeast corner of sold Parcel No. 3 and the southerly southwest corner of said State of Texas tract. Thence north 09 degrees-C7 minutes west, along the south line of said Parcel No. 3, a distance of 47-1/10 feet to the place of beginning'and containing 13-83/100 acres. 1 I 1 I Page 6 ~ l I .n....` 1 f I rJ Y~,JV I Y CITY COUNCIL 1 11 T { i I E i I 41 ps a . I ~I IM: 1:7 4 Q OG I h 1 i DATE: 11/06/90 # CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager SUBJECT: AMENDMENT TO PROVISIONS APPLICABLE YO PLANNED DEVELOPMENT NO. 108 RECOMMENDATION: Planning and Zoning Commission recommends approval of amendment to Planned Development 108 (5-0), SUMMARY: When Planned Development 108 was approved, it had provisions for signet however, the application o` such provisions were so restrictive that the applicant was not allowed certain signage that others with similar situations were allowed, particularly, ground signs. By amending the provisions of PD 108, the applicant will be allowed all types of signs provided they are in conformance with Art. 17 'Sign Regulations". BACKGROUND: i On March 18, 1986, the City Council approved rezoning Z-1770 on 0.426 acres of land from 02F' (two family residential) district to "PD' Planned Development District 108 established by Ordinance 86-61. on October 18, 1988, the city Council approved rezoning Z-88-010 and repealed the approved site plan and conditions applicable to the ' 0.426 acres in order to add 0.927 acres Planned Development 108 by rezoning the land from 2F (two family residential) district to 'PD" Planned Development District established by Ordinance 88-168. On September 24, 1990, the Planning and Zoning Commission recommended I approval of zoning 90-006, amending tie applicable provisions to PD-108 to allow for all signs in accordance with the regulations set forth in Article 17, Appendix B, zoning Oriinance. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDt Planning and Development and Code Enforcemeit FISCAL IMPACT: j fu N/A 4es Prepared by: ~y-- , Harrell J~ "A City Manager Kar n X, P Shari Urban Planner App ed: IK44 F ank H, Robbins, AICP Executive Director Planning and Development } 2784k ~W*rr AlrC . r 7J wcp~ 1 F n k STAFF REPORT To: Mayor and City Council Case No.: Z-90-006 Meeting Date: November 6, 1990 - GENERAL INFORMATION - Applicant: Dale Irwin 419 S. Carroll Boulevard Denton, Tx, 76201 Status of Applicant: Owner and Representative Requested Action: Amendment to Zoning 88-010 (ordinance 88-168) to allow all signs in accordance with Article 17 of the Denton Zoning Ordinance. Current Zoning: "PD" Planned Development District Location and Size: 1.353 acres located on the east side J of Carroll Boulevard between Highland I1 Street and West Prairie Street Surrounding Land Use and Zoning: North - Office and residential 1 South - Day Care Center (S-162) East - Residential West - Multi-family-1 and planned development-23, (office and neighborhood service Denton Development Guide: Urban Core Area SPECIAL INFORMATION Transportation: The requested change will have no effect on Transportation. Utilities: The requested change will have no effect on the itilitLes. Drainage: The requested change will have no effect on drainage. Ole (Case Z-90-006) Page Two HISTORY p On March 18, 1986, the City Council aoproved rezoning Z-1770 on 0.426 acres of land from 102-F" (two family residential) district to PD Planned Development District (PD 108) established by Ordinance 86-61, } On October 18, 1988, the City Council approved rezoning Z-88-010 and repealed the approved site plan and conditions applicable to the 0.426 acres in order to add 0.927 acres to PD 108 b rezoning the land from 112-F" (two family residential) district Vua; to PD Planned Development District established by Ordinance 88-168. i On September 26, 1990, the Planning and Zoning Commission recommended approval of Z-90-006 to allow for signs in conformance with Article 17, B-Zoning Ordinance. ANALYSIS The Planned Development Zoning District was created to provide flexibility as well as to provide for a control mechanism to implement applicable design conditions. When PD 108 was I approved it had provisions for signs, however the application of such provisions were so restrictive that the applicant was not allowed certain signage that others with similar situations were allowed, in particular, ground signs. The proposed amendment is to allow for signage in conformance with Article 17, of Appendix B-Zoning. Overall, the proposed i f amendment appears to meet the intent of the Carroll Boulevard Policy Plan. r RECOMMENDATION Planning and Zoning Commission recommends approval of an amendment to ordinance 88-168 with the following language: ! Change Section 111, No, 2 from: No ground, roof, portable or projecting signs shall be permitted in the district, as those signs are defined in Appendix B-Zoning of the Code of Ordinances. All stake and wall signs erected or maintained in the District shall comply with the regulations applicable to such signs as now or hereafter prcvlded for in Appendix B-Zoning, as amended. To: Signs will be permitted in the district in accordance with the current Sign Regulations as set forth in Article 17, Appendix B-Zoning,All signs erected or maintained in the District shall comply with said regulations applicable to such signs as now or hereafter provided for in Appendix B-Zoning as amended. i Ole r1r 1' i hII ~ (Case Z-90-006) Page Three d A:,TERNATIVES 1. Approve petition 2. Deny petition ATTACHMENTS 1. Location Map 2. Development Standards 3, Ordinance 86-61 4. Ordinance 66-168 1758e III 1 I r I i I I i i i 1rl 6 f dTTAf.HMF,tjZ_1 di • NOf 111119 @f11QT g O ~ w ~q rn 5 a~ co 7TFF co C: e ~Ic •r3r ;ir! xrou+o rrale~,' i y z ' ATTACHMENT 2 DLVfLCYNSNt ITANDAADS DSTAILSD PLAN ?•81.010 1. Statement of Intent of Ovnert To develop property to einile-story and two story professional office buildings 2. Statement Indicating Relation to Denton Development Guides rho nrnn&rtv to n•x1! 1111doer to aYta~Na davsloe sL for office uss 3. Total Number of Acres in Propose4 Distriott 1,Jj3 acres- 4, Land uses and Total Number of Acted io lath Parcel or Tracts Total Proposed Acreage ` a. single family Detached b. Single Family Attaobsd (totnthouaq, clnstee, sto.) ! ce Attached,Patio/Oatden/iero Dot Line E ' I d. Duple: to Multi-ramily f Office 1.331 acres q. Heighbor0iodd SWIM h. Owitcal detail I i:' Coatssreisl i. Light Lnd"Wel_ kv leavy Indtieteial 10 Othee (specify) f i 1-1 i 77 -An '00" -CIMIv k ' f ARK] (s( , r~ R3C11 i j 7evelopmont Standards P<; , ?Age 1 a r 1. Off-Sete lniocaatlon - adjacent or Surrounding land mass, toning, str%ets, drainage facilitisS, and other existing oc praposad inpcovements. (Shown on concept or detailed plan.) t. TragfiC and Transportation - indicate existing and proposed struts, packing lots, loading areasr acceSS points. (Shorn on canaspt or detailed plan.) ptojeeted Traffic Generation. (58404 on traffic dtudr, it re4alred.) 7. 5uildinget As Approximate location. (Shone on concept or detailed plan.) b. maximum heights Two story e. minirwa 600e061 MOM on oomc0114 or dttalled plan.) ~irreit Blvd. R1aht-of-raf d. Maslow gross hoer uw (oguav fetal tee meutei4ontlalt Lot 1 - Two Scorn - 3300 Si Phase II- Two Story - 6750 SF Lot 2 One Story - 3000 SF Lot 3 - One Story - 2360 ST 1. RMideatial Sub4ivisloat PA a. w weds of smite pee aura (doasitr)s b. Mum" ad location of lout ($bow M oomegi me 4etailN plea.) 1 ~ I as aimiar sine, Vida aN doptb e9 lout (Sbena on eeastpt " detailed $laa.l d. mia)san front, side and rou rud eabstket (Show so eeaoor% at detailed plea.) I 2-2 I i nsrsy i i Development Standards F Page 3 9, Water and Drainage - approximate location of all existing or proposed creeks, II ponds, lakes, floodplalns, other rater retention cc major drainage facilities and improvements. (Shown on concept or detailed plan.) ` Curb to be provided on East side of parkin` lot par Engineering Dept. recommendation 10, utilities - location of all major sew t, water or electrical lines and facilities. r IShown on concept or detailed plan.) 'h 11, Location of trees 3' in diameter - all (4) feet from ground level. IShovn on concept or detailed plan.) j 12. open space - location and else of gcoaabalts, packs, common and recreational areas. (Shown on concept or detailed plan.) 13. Screening - locations type and aisa of all fences, Deans oc screening features, (Show on concept cc detailed plan.) 11. Development schedule (concept plan) - shoring specific date detailed plan will be aubmltteds date to etatt construction and complete construction, and rate of development. All data should indicate 0106th and Year, ADDIS OMAL 3180 IUMN21 to A 01TAiLID PLAM 15. Landeapidq P146 - 04209 COSMOS &Ad types of laedse4pl61 to be mad. Sae landscape plan 2-3 r ! AIl. jr I , i • ~ Dwelopment St+nCards P+ge 4 lf. Signs - show looatton, type and $tse on detailed plans otherwise, signs must conform to Article 17 of the zoning ordinance, wall Stone (No detached signs) I 17, Slderalts. IShown on detailed plan.) I I$- All information required for preliainary plat in accordance with Appendix A (Denton Development code) of the cod* of ordinances. (A separate plat is required,) i it. Development schedule (detailed plan) - indicating start and completion of canstruction and the rate of development. All dates should indicate month and year. Start Date - July 1, 1909 Complete Data - January 1, 1990 j I 1 I ab 3/17 2-4 1 1~~dL t ATTACH.NENT 3 r c NO. / AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE N0. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 0.426 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF CARROLL BOULEVARD AND PRAIRIE STREET AS IS MORE PARTICULAKLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM TWO-TAMILY 112-P" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY NOT TO EXCEED $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt SECTION I. That the Zoning Classification and Use dealnation applicable to all or part of the propperty described in Exhibit "A", attached hereto and incorporated by reference herein, is hereby changed from Two-Famtlyy '2-P" District Classification and Use to Planned ' Development "PD" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION Il. That the development and use of the district shall be in substantial compliance with the Exhibit "B" sits pplan attached hereto and incorporated herein by reference, sub Jett to the following conditions and restrictions: 1. The district shall be limited to office uses. i 2. No detached signs shall be permitted. 3. Building height will be limited to no more than two ` I stories. 4. The areas shown for landscapiag shall be landscaped j prior to the issuance of any certificates of occupancy, and shall thereafter be maintained to a condition substantially comparable to the original installation. 5. The building shall be of a maximum floor area of j 6,150 square fast. r SECTION 111. The Zoning Map of the City of Denton, Texas, adopted the 14th day of Januarys 19690 to an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. j 64-1, be, sod the sass is hereby saeoded to show such change to District Classification and Use subject to the above cooditicas and specifications. SECTION IV. That the City Council of the City of Denton, Taxas, hereby fiade that such change is in accordance with a coaprohensive i 3-1 I i I C' C i w Y yC~ i ~ rh`J,r• 7 plan for the purpose of promoting the general welfare of the City of Denton Texas, and with reasonable consideration among other things for the' character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION V. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requieements thereof, or of a permit or certificate issued thereunder, shall be guilty of. a misdemeanor punishable by a fine not exceadimg One Thousand Dollars ($1,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION VI. That this ordinance shall become effective fourteen (l4) days from the date of its passage and the CLty Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-ChronLcls, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of i m. i CI 01 D ON, TEXAS ATTEST. 1 TY 0 DENTON, TEXAS APPROVED AS TO LEGAL PORMI DEBRA ADAKI DRAYOVITCH, CITY ATTORNEY CITY Of DENTONs MUS Byl 3-2 1 { s s t s E)MBIT "A" TRACT 0119 ►ILLR MVT1A TO 0.4,11 ACltt IN TNI ViLLIW IAVIIR3 SUIYItY. 444TOACT 11V, ULNTOC COUNTY. MAI. Ail. TVAf Ci 114,11 faAtT O! /ADCNL OP U AO LINIItID IA TNN VilLIm IuVI NII AVlllf, AA LTRACt 171, OiRTOM COIINTT, TtRAL, lvIN1 rAIT n/ rV0 TRACTS MOCA1►1H 1* A DIU PUN 14"aY L. %west LT US to INa u. NOOI4 011 tit TOIN DAY Or MAICN, 1106 IICOIDAO IN VVLVMI it, PACs 111, AM VOLUM 100, MCI 161, 0918 ASCOAOO U/ NAM COUNTY, A" 141NO W44 rVL1.Y OILCI1410 At IOLL0MI1 I W I NO too ►T TRI Ma To OAST C09NO 00 IA 10 PIU MVM4, TRACT AS t1MR1110 IN VOLUML Il, IA01 114, 010 INCOO01 Or Ull COUNTY, AN INuM PIN IC rat SVUTV IICIIT-Or•UAV Ur PRAlllt Lfgllt rN1.NC1 NUT" 00 1I411111 14 MIMIITII 11 I&COMO 9ADT A 1 A OILTAMCI Of II4.11 Post M AN IRVN PIN to A CALLU 30 I OT { AII,ITI TR1aC1 No" It DI"Ilq 11 MINIM 61 IICOMM VIII ALOOI LAID AMY A IifTAMCV Of 111.11 r11T TO AS t110 0101 ISMS 1tNTM DO DiAIMI 11 RIM"$ St $scam U4AT, I1 PUT /IoM AND PA44LKL Wirl TIN "at cuss or CAIDOLA Domm". A 611144,4,1 dr Ill. 10 I►tt t0 AS law 1101 ra►N"N Noon 89 legal 61 M1NIn1 I/ /x0001 SAlt ALOIII IN ~ SYYfM IICaT-M-AIAT Of MADAM SIMI A IIATAM11 Or 11001 PLOT TV Tog MINI Or 1MINRINI AM CWTAINIM 4.621 ACAM Of LAO. TIA"T V" Itial MTIS TO 4.I41 ACAN1 10 INN VILLIAI LOVIN INIVIV, AM1YIACT 171, MIPoII COMITY, r1sAs. ALL ?at CONTAIN TRACT ON /AML Of LAN 11YVAfM IV ft1 WILLIAM wovin SUMV, Among? Hl, Mllq 4" 1, MAS, II1N A PART VY A CVATAIN (CAL6111 0.110 ACM MW MISS DT LADOIN L. NOW# 1 V J AL TO TIN MY Of 1MT11t, fOb M NMI 13" OAT 00 1"1011119 i069 Ns0YAg4 IN "Las 51, PIN 189, 1p AIC"M Or SAM 1 c4own, ARV Still MNa 1VLLV 14"1110 M NLLOV01 I RIA.INMIN" AT ru4, *,*"%AH CMRN M MIS 0.JM ACM ?NMI A 11 Put" IN,1TM OWN AOVfMN L10 Of IMT 0"1114, sn"ll risms ma 0 o0M0 11 "IN 13 IVAM 4,"T A SIMON Or 111.11 to? TO A 1910 If A C-1 IN M FM ALLVI i tw1R14 10M 89 IOlil H DtMT14 AI UM N Illf A IIAtAIIA N 64.0 PUT M W INN 0111 mun RIM 1 IwUU 16 MIm"11 11 IMMNO NTT, 11 PUT to" AAIO MNALAAL VITV 1114 NAIT COM M CAANOLI. IMNVAM, A NI/AAtiN or IN,M Fm"AD 1010 ILRO TNaNe4 ROOfM N 10111 N MI VFNI 11 891000 11161f A HffAA10 M 6064 play N to MIN? a 1M1MI■ AN WMIAIMiO $$lot am M I. All. l 3-3 i 1 l E:CHIBIi "B" 4;--^AR.47iE -slAEET _ I Y r + w r I ' ~ „ .stew r u'. If,)' ~ 1 T 9` ti~r~ir riiw i S z-J no 3-4 . rr (Q11.M/ iM/~ (Cls■' 1 ~1 A I J ATTACHMENT 4 gr' a E ORDINANCE NO. II AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROVISIONS APPLICABLE TO PLANNED DEVELOPMENT DISTRICT NO. 1081 PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS V THEREOFr AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, by Ordinance No. 88-168, the City Council approved a planned development district for 1.353 acres of land (PD-108) located on the east side of Carroll Boulevard, between Prairie and Highland Streets) and WHEREAS, the owner has applied for an amendment to the district to allow the use of signs within the district as provided in the sign ordinance, and WHEREAS, the Planning and Toning Commission has recommended approval of the requested amendment; NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: , fFCTZON I. That Section III, paragraph 2, of Ordinance No. 88- 168 is amended to read as follows: ' 2. All signs within the district shall comply with the sign regulations of the City's comprehensive zoning ordinance. kZ9TION Ii. That a copy of this ordinance shall be attached to Ordinance No. 88-168, showing the amendment herein made. U01Miii. That any person violating any provision of this I a sum not ordinance shall, upon conviction, b cf fined ordinance isexceeding this violated $2,000.00 Each day that a provision shall constitute a separate and distinct offense. f LECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City J Secretary is hereby directed to cause the caption of this ordinance III! 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.That this ordinance shall become effective immediately upon its passage and approval. 1990. PASSED AND APPROVED this the day of 808 CASTLEBERRY, MAYOR I I 4-1 1 ~ 1 k. ATTEST: f JENNIFER WALTERSo CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: . l7 i f i t i Page 2 1 4-2 w gtle• ~ 1 ~ee+ nu-wy 2513L ATTACID ENT 5 e NO. i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING THE SITE PLAN AND CONDITIONS APPLICABLE TO THE 0.426 ACRES OF LAND WITHIN 74E PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 86-61 (PD-108); PROVIDING FOR A CHANGE FROM TWO-FAMILY 1124" TO PLANNED DEVELOPMENT "PD" ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.927 ACRES OF LAND LOCATED ON THE EAST SIDE OF CARROLL BOULEVARD, BETWEEN PRAIRIE AND HIGHLAND STREETS, AS MORE PARTICULARLY DESCRIBED HEREIN, AND PROVIDING THAT SUCH LAND SHALL BE A PART OF PD-108; PROVIDING FOR THE APPROVAL OF A NEW DETAILED PLAN FOR THE 1.353 ACRES OF LAND INCLUDED WITHIN THE DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 86-61, the City Council approved a planned development district and site plan for the 0.426 acres of and, as described therein (PD-108); and WHEREAS, Dale Irwin has applied for approval of a change from two-family 24to planned development zoning district classifi- cation and use designation for 0.927 acres of land located on the east side of Carroll Boulevard, between Prairie and Highland Streets, as more particularly described herein, said land to be included within and become a part of PD-108; and WHEREAS, the applicant is requesting the approval of a new detailed plan for the entire 1.353 acres to be included in the district; and WHZKEAS on September 28 1988 the Planning and Zoning Commission recommended approval of the change in zoning and the approval of a new detailed plan for the expanded district; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1. That Section II of Ordinance No. 66-61 (PD-108), providing for approvel of a site plan and imposing conditions applicable to the planned development district therein created, is repealed. SECTION II. That the zoning district classification and use designation o the 0.927 acres of real property described as Tract I in Exhibit "A", attached hereto and incorporated herein by reference is hereby changed from two-family "24" to planned development trPD" zoning district classification and use designa- tion under the :omprehensive zoning ordinance of the City of II 5-t I Qaa AY..v:~ I~bI , i s Denton, Texas, and such land shall hereafter be included in and i be a part of the planned development district established by Ordinance No. 86-61 (PD-108). SECTION III. That in accordance with article 11 of Appendix B - Zoning o the Code of Ordinances, the detailed plan described as Exhibit "B", attached hereto and incorporated herein by reference, is herein approved for the entire 1.353 acres of land ~W included in the district, described as Tracts I and Ii in Exhibit "A", so that the property shall be developed, used, and main- tained in accordance with such plan and the following conditions: 1. The district shall be limited to professional and administrative office uses. 2. No ground, roof, portable, or projecting signs shall be permitted in the district, as those signs are defined by Appendix B-Zoning of the Code of Ordin- ances. All stake and wall signs erected or main- tained in the district shall comply with the regulations applicable to such signs as now or , hereafter provided for in Appendix B-Zoning, as amended. 3. Prior to the issuance of any certificate of occupancy for any building on the property, evergreen shrubs, sufficient in number and location to provide a solid screen, shall be planted along the entire eastern boundary of the property, or, if there is not sufficient area on the property to provide for the 1 living screen, a six foot high solid wood or masonry I fence shall be constructed along the entire eastern boundary, in lieu of the living screen. The plans for the required screening shall -be submitted with the building plans submitted for a building permit in i accordance with the Denton Landacaping Code. 4. The 24-inch diameter pecan tree shown in Phase Ii of the detailed plan must be maintained with a permeable area undqLr the dripline of the tree in accordance with the requirements of the Denton Landscape Code. Adjacent parking spaces shown on the detailed plan may be deleted if necessary to meet this requirement. SECTION IV. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 19699 as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-11 as amended, is further amended to show such ti. change in the zoning district classification and use designation for the property described in Section II of this ordinance. PACE 2 5-2 I C I.. I SECTION V. That it shall be unlawful for any person to construct or place any building or structure upon, or otherwise develops, maintain, or make use of, the property within the district described herein in violation of the detailed plan or # any condition or provision of this ordinance. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shall become effective fourteen -U4-7-daya from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1988. RAY S17~=39 K ATTEST: I APPROVED AS TO LEGAL FORM: DEBRA ADMlI DRAYOVITCH, CITY ATTORNEY BY: Zlwa 1 3-3 I PAGE 3 1 ' I -7 1 PF;Z Minutes September 20, 199o Page 2 i Mr. EngclbrecIlL clarified that two lots will share a driveway. Mr. Yost said yes. Mr. Glasscock asked if there is a curb cut on Lot 1. i I,fr. Yost said that it share one with the unplatted lot to t the north. Mr. Engelbrecht asked if this plan will create an interior strer,L. Mr. Yost said no. Mr. Engelbrec}it moved to recommend approval of the preliminary and final plats of the Dale Brown Addition. Seconded by Ms. Morgan and unanimously carried (S-0). III. Hold a public hearing and consider a final replat of the Green Valley Ranch, Lots 2311 and 24R, Block A. Saying he had a conflict of interest, Mr. Holt left the room. STAFF REPORT: Mr. Yost reported that the tract is 3.633 acres abutting Zackery Road, north of FM 428. The purpose of the re lat i p is to abandon the present easement between Lots 23 and 34, establishing an equivalent easement along the west property line of Lot 23R. Services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. The Development Review Committee recommends approval of the replat with the condition that per an agreement with the applicant and the County of Denton, the final document not be placed on the agenda of the Denton City Council until required improw;ment- for the original plat have been constructed. No one was present in favor or opposition to the replat. Mr. Kamman closed the public hearing. It was moved by Ms. Morgan, seconded by Mr. Engelbrecht and unanimously carried (4-0) to recommend approval of the replat of Green Valley Ranch, Lots 23R and 24R, with the condition recommended by staff. Mr, Holt returned to the meeting. IV. Hold a public hearing and consider an amendment to PD-108 containing 1.353 acres of land located on the east side of Carroll Boulevard, between Prairie and Highand Streets to allow for signs in conformance with the current sign rt:;,u1.7 ttons. , WN. Nil' N 1~ r f PF,-c Minutes September 26, 1990 Page 3 i FJi.•l a it f riJertty-five notices were mailed to property owners within 200 feet; 3 were received in favor, and 0 in opposition. STAFF REPORT: Ms. Feshari reported that the amendment is to allow signs on the property in accordance with Article 17 of the Penton Zoning Ordinance. On March 18, 1986, the City Council approved rezoning Z-1770 on 0.426 acres of land from 112-F" (two family residential) to "PD" Planned Development 108 established by Ordinance 86-61. On October 18, 1988, the City Council approved rezoning Z-88-010 and repealed the approved site plan and conditions applicable to the 0.426 acres in order to add 0.927 acres to PD-108 by rezoning the land from 2-I' to PD established by Ordinance 86-168. When PD-108 was approved it had provisions for signs, however the application of such provisions were restrictive that the applicant was not allowed certain signage that others with similar situations were allowed, in particular, ground signs. The proposed amendment is to allow for signage in conformance with Article 17, of Appendix S-Zoning. Staff recommends approval of an amendment to ordinance 88-168 with the following language: Signs will be permitted in the district in accordance with the current Sign Regulations as set forth in Article 17, Appendix D-Zoning. All signs erected or maintained in the District shall comply with said regulations applicable to Stich signs as now or hereafter provided for in Appendix D-Zoning as amended. PETITIONER: Dale Irwin, owner, stated that when the property was zoned and platted, Denton did not have a sign ordinance. Provisions for signs were included as part of f the PD. lie would like to remo,ed these provisions and comply with the new sign ordinance. He is proposing a four foot ground sign. No was was present to speak for or against the amendment. • Mr. llolt closed the public hearing. Mr. Lngelbrecht moved to recommend approval of Z-90-006. Seconded by Mr. Glasscock and unanimously carried (5-0). V. hold a public hearing and consider an ordinance to amend the Subdivision and Land Development regulations concerning parking lot standards. i STAFF REPORT: Mr. Robbins reported that the Building Code Board recommends approval of the proposed amendments for parking lot surface standards. The proposal amends the 1 Subdivision and land Development Regulations by: 1I Y ti {$y[F f S Y CITY MCOUN LLL Till y hf O~: o o e i v R c DATE: 11/06/90 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd Harrell. City Manager SUBJECT: PRELIMINARY REPLAT OF THE DENTON AREA TEACHERS CREDIT UNION ADDITIONi LOT 1, BLOCK A i RECOMMENDATION: The Planning and Zoning Commission recom,nended approval, 5-0, at its meeting of 1L/24/90. SUMMARYs This is a 2.316 acre tract located tetween Mulberry and Sycamore Streets, west of Elm Street. Frontage is along Mulberry. i The applicant proposes the following infrastructure improvements: Four man holes, relocation of a total of 475 L.F. for two 6' sewer lines, concrete drainage structures as required, utility and drainage easements as indicated on the plat. BACKGROUND: The property is zoned central business (CB), and the expansion of an i existing financial institution, and construction of a related drive-through facility and parking lot is anticipated, An existing concrete drainage ditch will be removed and drainage carried off the site in an easement on the west property line. The applicant has completed a parking facility, planting for which will he installed when a permit In received for the planned expansion. 4 City services and facilities, including water, gas, sanitary sewer, r telephone, electrical, and solid waster are available, Some arc proposed to be relocated to accommodate the expansion. The plat conforms to the minimum requirements of the Denton SuMliviston and Land Development Regulations. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDi kI o customers of D.A,T.C.U. o City departments. I i eem t City Council Report Format November 6, 1990 Page 2 r ` FISCAL IMPACT= I Increasing the size and capability of the facility will increase the (f tax base of the City. Respe ully suM:/// Pr Loyd V. Harrell City Manager G. en Yost, ASLA Apprc P a k He Robbin , AICP Executive Director - Planning and Development I ! I ~ .1 3 ' ~gJ {t I - 1 3llSe I F N A N w f, E JI- umm r TUAS L-j as®a~a❑o low oQ - C C7~~®D~ooa Q lon NICLOIIY ©©o c~ Lsuer ❑ DU ` FT r ~~oo ~~l QD p r 1 i ' I i r AJ+r~.w f r a~7 j • Ja~[J ~ ,1 iON(Q G,F f MKS AOPr+~y ~ I~w . ! , zoNSO ca a. o NO , 141.1!' L .so. } 1 Co D %W 1 r ew 1 o II _ _ N w L 40 'l1 N • ~ , Z 1 P q 1 oo~oJ 90 „C . O J ' y 1 aa~ ^ x i I ~ lt'J. J `i LO ~ i{ ~q mt ` _ 0 I I i 1 ~ b ~ A ~ , s"• trt y,,,L ~ 11 m „ 1 s o* ~ r r ~ so V ~ ~ h ' I e.. u"nell ~ r ~ ~ 4 ~ ~ 4• i ~i; a ~RQRQ Ov 1 04 I~wrq 07*4r N( ~ W soo•tefo~..N, ~sv.~r• ~p lJ Nr®e~ S f'~ MINUTES PLANNING AND ZONING COMMISSION October 24, 1990 The regular meeting of the Planning and Zoning Commission of the City of Denton, TExas was held on Wednesday, October 24, 1990, at S:00 p.m., in the Council Chamber of the Municipal Building. Present: Roy Appleton, Euline Brock, Jim Engelbrecht, Judd Holt, William Kamman Absent: Ivan Glasscock and Fran Morgan Present from Staff: Frank Robbins, Executive Director for Planning and Development; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorney; David Salmon, Engineering; Karen Feshari, Urban Planner; Cecile Carson, Administrative Analyst; Bob Castleberry, Mayor; and Olivia Carson, Secretary 1. Minutes Mr. Salmon noted for the record that the staff report for the East Oaks Addition should have included a statement that public improvements will include necessary drainage facilities and an off-site drainage easement. It was moved by Mr. Kamman, seconded by Mr. Engelbrecht, and unanimously carried (4-0) to approve the minutes of the October 10, 1990 meeting. It. Consider the preliminary replat of the Denton Area Teachers Credit Union Addition, Lot 1, Block A. Staff Report: Mr. Yost reported that the tract is 2.316 acres located between Mulberry and Sycamore Streets, west of Elm Street, Frontage is along Mulberry. Public Improvements Include: 4 man holes, relocation of a total of 47S L.F. of 6" sewer lines, concrete drainage structures, and several utility and drainage easements. the property is zoned central business (CB) and the expansion of an existing, financial institution and a related drive-through facility and parking lot is anticipated. The applicant has j completed a parking facility, landscaping for which will be f installed when a permit is received for the planned expansion, The controller for the water line is in the basement so they want to do all the work at once. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. Some are proposed to be relocated to accommodate the expansion, The Developmen• Review Committee recommends approval, Mr. Engelbrecht moved to recommend approval of the preliminary replat of the Denton Area Teachers Credit Union, Lot 1, Block A. Seconded by Mr, Kamman and unanimously i carried (4.0), 2436x i t. 11 i ~i y rnr.rr CITY ~ COUNCIL T. I 1 4: 11 LL I i IN, I ~ ~7 f rp' :XX 11 T: XT, 1 IuC ~'1 2651L-1/3689~j Y NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 4 WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for i the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF 111E CITY OF DENTON HEREBY ORDAINS: { r SECTION I. That the numbered items in the following numbered bids' or materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the Office of the City's 'Purchasing Agent filed according to the bid number assigned thereto, are { hereby accepted and approved as being the lowest responsible bids 1 I for such items: G ~ BID ITEM NUMBER 140, VENDOR AMOUNT 1151 1-6 nFA1.FRq F1.Fr.TRTC .~~1I_~4?o _Bb I i j t 1151 7.___-_ nceT VOC FT CrTRT( _ 00 1U51 _8-9 DEALERS ELECIRTr SU,17n.nn 1 1151 10-12 WESCO $13,600,00- 1156 30-31 __@RISCOE TIRE saa.0 n_on - 157 ALL ROBERTSON FLEET_dERVIC E _ S15.nnn.nn 1158 ALL THOMASSON LUMBER CO. $60,070,26- 1171 ALL POLEIINE ELECTRIC 67,250.00 1j e } 1 i r I! a r SECTION II. That by the acceptance and approval of the above numb ere tams of the submitted bids, the City accepts the offer 1 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. ail. SECTION III. That should the City and persons submitting approve an accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numb ere tems 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 eifective immediately uupon its passage and approval. PASSED AND APPROVED this day of 91440. BOB CASTLEBERRY, MAYOR ATTEST: E NIF ' A . ER , CI ff' SECRETARY r APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ~ I PAGE TWO L ~ 1i11MD 7rF u; i i DATE:NOVEMBER 6,1990 I CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager I i SUBJECT: BID #1151 CABLE, CONDUIT AND ENCLOSURES RECOMMENDATION, We recommend this bid be awarded to the lowest responsible bidder meeting specification for each item or group of like items: Item 1-6 Cable Enclosure Boxes to Dealers Electric in the total amount of $11,529.86. Item 7 Cable 500 MCM unshielded to Temple. Inc, in the total amount of $65,000.00. I Item 8-9 Cable THHN Copper to Weeco in the total amount of $17, 170.00. Item 10-12 PVC Conduit to Weeco in the total amount of $13,600.00. - ~ TOTAL BID AWARD: $107.299.86 k SUMMARY: This bid is for the purchase of materials for the conversion of North Elm and West Oak from overhead electric ,tg distribution to underground distribution. The lower price bid by Vikimatic, Priester, Wesco and Temple for the enclosure cabinets Item 1 thru 6 did not meet I the specification for the full traffic load capacity j required, 'e F^' The lower price offered by Summers, Odom and Wesco for 500 MCM cable did not meet the specifications for EPR insulation and compact design. These two quantities are critical to make underground splices with existing cable in the I completed underground services. Outside diameters must be E compatible as well as the type of high voltage insulation to i prevent power outages and short life expectancy of the j underground system. BACKGROUND: Tabulation Sheet, PROGRAMS,_DEPARTMENT ORGROUPS AFFECTED: Electric Utility, U-tl ena of Denton in the North Elm and West Oak affected area. i ~k ;fit. ~M try: Page 2 of 2 City Council Report November 6. 1990 FISCAL IMPACTS Funds for the purchase of these materials will come from 1990-91 budgeted Bond funds account 612-080-RB90-9226 and warehouse working capital funds account number 710-043-0582-8709. Respec fullq eubmittedS Lloyd V. :carrell City Manager Approvedt Naaet Tom D. Shaw, C.P.M. ;".b. Titles Purchasing Agent TS/jh f 072.DOC r 4~ i t V i I i y r` 0 r ~~..r ~ ',I, x ~ N ~ ~ a m v > rs a N N - , 1 o m m I Y m b ♦ ~ 4 _ _ _ _ ! ~ ~ r o n x i a m a' ~ r m r i ~ $ ~r cn m ~i ~ ~ fln'' ~ u ~ I ~ ; m N ~ N +4 ~VdpII ~ 4JI S } 3 r m f='J Cn (,fI a r .L A b ~ N Z N } r 1 ( r E _ _ . ~ I y r M ~ w y i ~Se m ~ M Y M N M N b a N N N ~ JCS i ry O Y N LII m Cf {p r t U } R N a V a ~ N ~ ~ P a v ® V P m _ m _ a W N 9 _ _ _ _ _ _ ' g 1 = N Y r M m pc~ m m W 1 81 s i ~ W N i ~ N m ~ } N } a QI N I I ~ ~i ~ x ~ x x ~ ~ ~ ~ ~ ~ i ~ ~ ~ m m ~ ~ m m m ~ ~ ~ m I n y b N ~ ~ j ' I { aril m t~ ~ t'9i ~r a-s ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ J I I 5 ~ ~ ~E _ m • • I CI y~ ~ M . I .~y 3 1 ► ~ N W M M N T V ~ r y I Y V N V ~1 QQII p w ~ ~ Pf FQhS .a 1 m ~ ~ P V l~ ~ o ~ s N i I I I 11 I 1 f r" 0 1 ? m m n n n n nn ~ 1 n 1~ r s m m m m m mgu^~ngan~;•~ii®o~m FCCp ~ ~ 1aCp1 ~~~pH•`rc~ 1 {rJy'e~pfi~ ~ i ® UI m m 7 C S O T si I/~ re P ~ SS co ~ m N QI ~I ~ o In ro S ~ ~ ~ ~ ~ P aOR ~ ~ ~ = 1 s 0 ]o m m Y r N = w s 1 m b 6 ; 1 Y 2 Z Z Z Z Z 1 r IJ i N Otl i N w P O ~ 1 i _ . 11111 . ♦ i ♦ E R1 m m 1 ~ O M Y O M Y O Y 1 1I p O ~ H 'l ~ O_ .mF N O f fNj1 ~ ~ ~ 1 O r u - a r m Q n m ® ~ d p Z~® ~ 33JJ 111 .33311 r rM.. y~ ~rri G< I m PC. m M N N N ff?,II11 {P1 N I4 CII r ~ r r I.i ~ ~ i1 P 19 P ~ A i m N m tVJI twJ1 1#JI N 1 ~ b m m m@ m i a I m m m m w m O ~ r N y 1 ~ N pp f r ~1 ~ N N N ~ i f~f ~ II f ~ I J I i I F11 [rr r• DATE:November 6,1990 i CITY COUNCIL REPORT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 41156-TIRES AND SERVICE RECOMMENDATION: Council approve award of bid #1156, section II "Ti_re Service b Repairs" to the low bidder, Briscoe Tire, Inc. for a period of one year with the option to renew for an additional year. Also, we recommend Council reject Section I "New Tire and Tubes". Staff is researching whether to re-bid this section or submit a resolution to Council enabling the City rs purchase tires through the State Purchasing and General Services Commission. SUMMARY: Bids were opened. October 23, 1990 for the price comparison of tires and tire service for all fleet vehicles. The unit prices for tire service and repair are as follows: i A) Flats Repaired 1. Passenger and Lt. Comm'1 Truck $9.00/each 2. Truck $15.00/each 3. Heavy Equipment/Off-Road $40.00/hour k B) Road Service All Types (w/l 15 miles) $15.00/each BACKGROUND: Tabulation Sh-it, Memorandum from Jack Jarvis. I PROGRAMSt_DEPARTM!3NT OR-GROUPS-AFFECTED: Fleet Services. 1 FISCAL IMPACT: Fleet Services Garage Parts Inventory account 0710-025-0580-8702. i i Y PAGE 2 OF 2 CITY COUNCIL REPORT NOVEMBER 6, 1990 Respectfully submitted: ~A:tlql Lloyd V. City Manager Prepared by: NamesTMeienie Harden Title: Buyer Approved: Name~ Tom D. Shaw, C. P.H. Title: Purchasing Agent TS/]h f 078.DOC j J i I ~I ~ z I 5 I ( N N N N N N N N t bO VTIn C~ WNnN.O ~O 00V OtUP W Nr~-.OHO OO V M%M P- Li N1-. }.1 { AIPN Nwi-. D K µ O %~-^OOO. O~ i~+t~ r~+i;~~Vy. RW7 AOOb O 0a 000oN V V ro K7ro ro roro , O CL {CCU} M ANIn bap .O 'r.. O O N t.7 \,c X0 0 k 0 V V OOln yr NNNN NN p, N MWSI k k k k O~.ro70 NN~1J 1.~k 0k k % NSW Nr0 P r-NNNNN Nfi fa OONyryyyN i-n :r 10 Z, 00 OONLA OOO0Orn P a+ Oh a O,TO, In Ur VviN rm 'o K C C C ~ G ACG'~ CL'MM In In Ci' LEx 711 ,V In~In F+~PC y w I N d n'`G d`c d4 'x = x cw C. InLl In In P b n I x M CL' '+1 4 .'Y' M 01 ri n. ~ G. `G h1 b y O R i - _ h7bt+7 t? M I y N V W W N r.. N N N N C rt CCU VtOii O -A"VV, 0000 W dl - n aUUW 0~1n AA P W yOD o V AOr. In . . W Co W O. V\ZW w1..,b BRISCOE o 00 O w oOoNLn " OW N .O%O ..%0wOO ODO L, y, N y . O 14 V 0 co N W G11 O O O In O i-. I A O, In T O O n W N N N W N N P zzz'Z xzzwO0o 000%VM W .of, to to m td m to to y N o v r \W \w O\a m u\ \w m n~ in iv in BANDAC OD r o v I wwww 1 VQ~InA WNWO N .14 r _ x H N,4 70 • • , A! h K I O M, t'1 h! hr! y I F mnxma wc 09 ~n 7P n ID Yc' M N m N to n 00 m n H O T K n y O ~ N \ H M F K M ~ d 7~a00 O In In In M O In .O .O 0 0 0 0 0 0 0$ BRISCOE 0000 000 I ~1,`~ zzzx to to to to e\a ta\ w m BANDAG I 19M OCT 29 Fit If: I ,R.r 1 CITY of DENTON, TEXAS VEHICLE MAINTENANCE 1804 TEXAS ST. / DENTON, TX 76201 / (817)586.8430 f I f MEMORANDUM TO: Melanie Harden, Buyer FROM: Jack Jarvis, Fleet Services DATE: October 26, 1990 SUBJECT: BID 01158 - Automotive Filters BID 157 • Tires and Service 1 157 Bid 6-- Automotive Filters I I recommend we award this bid to Robertson Fleet Service, Fort Worth, Texas. f 151 Bid #t15fi'- Tires and Service I recommend we award the Tire Service'to Briscoe Tire d Alignment, Denton, Texas. I recommend we reject and rebid the tire bid as only one complete bid was received. J k rvis b ~ I 1 I , I I T~ Ile- ~ n s , DATE:November 6,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1157 - AUTOMOTIVE FILTERS RECOMMENDATION: Council approve award of Bid #1157 to the low bidder, Robertson Fleet Service, for a period of one year with an option to renew for an additional one year period, jl SUMMARY: Bids were opened October 23, 1990 for the purchase of automotive filters. Robertson Fleet Service bid the overall lowest unit prices and a 35% discount off current jobber's price for filters not itemized on the bid proposal. 1 BACKGROUND: Tabulation Sheet, Memorandum from Jack Jarvis. PROGRAMS, DEPARTMENT OR_GROUPS _AFFECTED: Fleet Services, FISCAL IMPACT: Garage Parts Inventory Account I #710-025-0560-8702. ly submittedt j Re4V-t ` Ll arrell E w. City Manager Prepared by: r ! Name: Melanie 8erdea Title: Buyer Approved: Namei Tom D. Show, C.P.M. Title: Purchasing Agent MH/jh 076.DOC r ram NcT f Y M1, diD I 1151 7 t ~ { { I P06EPTSON 1 ACTION { PENNELL I NAPA t NAME Autooolire filters I FLEET 6ENVICE 1 AUTO WRSE. I NAFA I AUTO PARTS I r I I l i I OPEN October 23, 1948 I I I I I {-----•-°°...-I--------------- I............... I Item Description I Vendor I Vendor I Vendor I Vendor I I---------- L -------1------------•--I I DIL FILTERS l I I 1 1 I. 1Naoa 41864 I 11.59 1 $3.61 1 $3.99 1 $1.99 1 2. ;Napa #1668 i $2.16 1 $3.11 1 $3.45 t $2.58 1 3. INapa #1147 1 $2,46 1 $3.42 l 0.74 1 $2.84 t 4. !Napa 11197 1 $4,71 1 $6,53 t $7.25 1 $5.43 1 5. Napa 11268 1 $1.34 1 $3.25 1 $1.61 1 $2.71 1 6. lRapa 11311 I $2.52 1 $3.51 1 $3.84 t 12.91 1 7. ;Napa 11374 1 $2.19 1 $3.65 1 $3.38 1 12.53 1 6. !Napa #1515 t $2.14 ; $3.19 1 $3.43 1 $2.57 1 9. INapa 41151 $3.92 1 15.44 t $6.14 1 14.52 1 It, ;Napa 11794 i $4.BI 1 $6.66 1 17.41 1 $5.54 t I HYDRAIKIC l I I I I 11. !Napa 11488 I 15.64 1 $7.81 1 18.67 1 $6.51 ; 12. !Napa 11954 I $3.38 1 14.68 1 $5.11 1 $3.89 1 1 TRANSMISSION I i i 1 13, IATP 1542-1-7471 1 $3.24 1 14.56 1 N/8 t $3.19 1 14. :ATP IB44-1-4944 1 13.65 1 $5.27 i NIB 1 1I3.95 I 15. !ATP IDSI-1-4888 t 12.53 1 $3.51 t NIB 1 13.11 1 { 16. IATP 1861-1-5136 1 $4.11 1 15.64 t NIB 1 $6.35 1 17. IATP IB67-1.7351 1 $7.11 1 $3.82 1 NIB 1 $8.12 I 18. :Napa 11861 1 $6.74 I $12.11 1 313.45 1 $11.17 1 19, ;Napa 11692 I $2e.26 1 $29.21 1 $32.45 1 124.36 1 1 AIR FILTERS i I I I I 21. 1Nap1 12621 I $2.58 1 13.71 1 $4,12 1 63.19 1 ' 21. !Napa 12145 I $1932 1 $27.45 1 131.49 1 112.83 1 22. !Napa 02173 ; $2M 1 $3.61 1 113.49 1 $2.99 1 23. Napa 12122 I $5.48 1 $3.51 1 #8,31 1 116.23 1 24. INapa 12251 1 $11.99 t $16.61 1 $18,44 1 441,91. 1 I 25, 11(apa 12286 1 $3.23 1 17.24 1 18.14 1 16.42 I 26. INapa 12321 1 $16.41 1 122.73 1 $25.25 1 111.9' 1 27. ;Napa #2565 t 11,99 1 $11.13 I !12.24 I f9.21 1 26. 1Rapa 02611 t 131.34 1 143,41 1 1141142 1 $36.11 1 29. :Napa 02716 1 $31.73 1 143.94 . $48.81 1 $36.56 1 31, ;Napa 12114 1 12.15 1 #2.94 1 13.55 I $2.36 I fI 31. INapa 12947 1 0,11 1 $22.73 ; $14.94 1 116,14 1 E 32. !Napa 12992 1 $1.17 1 $1.62 1 $1.68 1 $1 35 1 33. INapa 16166 1 $11.57 1 116.12 1 $17.81 1 $171.;3 1 34, INapa 16531 I $16.111 1 122.32 1 $24.79 1 1118,56 1 35. !Napa 16641 I 143.71 1 $77.12 t 177.99 ; $58.31 1 36. INapa 06476 1 11.46 1 12,13 1 12.25 1 $1.69 1 ` t FUEL FILTERS I ; I { I 37, ;Napa #3854 I $1.96 l $2.71 1 13,11 I t2.26 I 38. ;Napa 13681 I 12.18 1 12.88 1 $3,21 1 $2,41 1 39, INapa 11166 I t2,51 1 $3.46 1 $3.64 1 $2,87 1 Q. ;Napa #3214 I 13.77 1 $5.22 i $5.61 t $4.34 1 41. INapa 13271 i 11.94 1 $1.31 1 $1.45 1 $1.19 { 42. ;Napa 13336 7 14.91 1 $6,66 3 $7.44 1 $5.54 1 43. IRapa #3452 l 16.14 1 $9.51 1 $4.44 1 $1.17 1 44. lRapa 03511 I 11.04 1 12.55 1 $2.13 1 $2.12 3 ` 45. INapa #3811 7 13,61 1 $5.14 1 $5.65 1 $4.23 1 WATER I I I.. I 46. !Napa 14171 1 $4.91 1 0.16 1 17.84 I 15.91 1 47. !Napa 04418 1 $4.52 1 16.21 1 $6.96 1 $5.21 1 I 1 I 1 I i 11 OFF LIST ON OTHERS! 1 351 1 41 1 251 1 not indicated I IINVENTORY DONEt 1 2 tioeslweek 1 2 tloeslNeek 11.2 ttaeslNeeA I t tlaelweek I ; (DELIVERY AFTER INVENTORYt1 I day t 1 day 1 1 or 2 days 1 2 days I RECD "r, CITY U~ t El(~~';# P'ii::i WP OCT 29 Fit It: I I CITY of DENTONg TI M# VEHICLE MAINTENANCE / 804 TEXAS ST. / DENTON, TX 76201 / (617)56 V30 1 MEMORANDUM I TO. Melanie Harden, Buyer FROM: Jack Jarvis, Fleet Services DATE: October 26, 1990 SUBJECT: BID 9115 - Automotive Filters BID 157 - Tires and Service 1157 Bid #JkS5& - Automotive Filters I recommend we award this bid to Robertson Fleet Service, Fort North, Texas. i 4 II5(o Bid Tires and Service I recommend we award the Tire Service to Briscoe Tire 6 Alignment, Denton, Texas. 1 J I recommend we reject and rebid the tire bid as only one complete bid was received. J rvis b 1 I i `A P S x DATE:November 6,1990 CITY_COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 61158 COPPER NAPHTHENATE TREATED WOOD POLES J RECOMMENDATION: We recommend bid #1158 be awarded to the lowest responsible bidder meeting specification, Tbomasson Lumber Co. Total bid award is $60,070.26. SUMMARY: This bid is for the purchase of wood utility poles For the Lewisville/Ray Roberts Hydroelectric tie in project. The lower prices offered by International Paper and Koppers is for a creosote treated pole and do not meet the specification requirement for Copper Naphthenate preservative. i i BACKGROUND: Tabulation Sheet, Memorandum dated October 31, 1990 from Don McLaughlin, Electric Engineer. j i PROGRAMSp DEPARTMENT_OR--OROUPS_AFFECTED: Electric Utility end-ae Lewisville, Ray Roberts Hydroelectric Projects. I FISCAL IMPACT: Funds for this purchase will be taken from Hlectric Utility Bonds account number 612-080-JR06-9218. *,,e fully submitted: ' /l l Harrell City Manager 1 Approved by: Names Tom D. Shaw, C.P.H. ; ~ ~ Title: Purchasing Agent TS/jh ` 077,D0C I i i i ; WAO-w r i n r w N Q D CL C° o ~ a a ro a ro ro ro § no oq+ M CrA [r*7 tr*1 Ir+1 0 0 c r r u vm m v 4 E N o ` m o C z 00 N N W w n v a (2y¢~~j O G i O Cn H 2 ~ ry en r o a.+ N o F 0 D N r w 00 Q, v w oo o Co n r v. M H rN. p, W N -4 O d e r °w y J r rl m t n o o Vi W o o vO d w 2, w 00 ~p N r v w N D AyO~ EA o o vw o o j~ I 44z * } N .9- Li w 9 W 00 r w W r O ttAA [rye~~ N 00 00 61 6 ;o ~j H y O • O O b O r p I 6 CO, co w 'A 4 00 vNi INJ, N 00 00 00 r N S p H O 4 O O O O f ~a C+1 Cp. ro r ~ ~ vP a r r O0 9 w o w w 00 D O o °o °o °o °o °o r CIO. O r 1 T T J rte.. ,1 7■pE rj 1~I 4 r i i a DCITYof DENTON MUNICIPAL UTILITIES / 901•ATexasStreet/ Denton,Tx78201 M E M O R A N D U M TO: Denise Harpool, Senior Buyer I FROM: Donald L. McLaughlin, Electric Engineer Administrator ;I DATE: October 31, 199D SUBJECT: BID #1158 - TREATED WOOD POLES Award Bid W58 to Thomasson Lumber Company, the low bidder who met specifications. Electric Engineering feels that the copper napthenate petroleum preservative used to treat the poles will make a more environmentally friendly power pole. This is based on EPA restrictions for creosote. The copper napthenate has less stringent restrictions and lower toxicity classification than the creosote. N~ fj i! DLM:gb 10310119 I n N I W l~1Cftel. ~ ~r6 Opp E3 E- GS l I S r lush F / J 3 Y h DATE-NOVEMBER 6,1990 CITY-COUNCIL-REPORT TOi Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID 61171 WIRE ALUMINUM 2/0 6 4/0 RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Poleline Electric in the amount ofs Item 1 200,000 ft 4/0 wire at .29 per foot = $58,000.00 Item 2 50,000 ft 2/0 wire at .185 per foot= 1 91250.00 TOTAL BID AWARD $67,250.00 i SUMMARYs This bid is for the replacement of warehouse stock of electric department inventory. The two items listed are used for maintenance and new construction of overhead electric distribution lines. A large portion of this material is intended to be used in the tie in of Lewisville Hydro Electric Project. i BACKGROUNDS Tabulation Sheet. PROGRAMS, DEPARTMEhT_OR GROUPS AFFECTED: Warehouse Inventory and Electric Utilfty Department. FISCAL IMPACTS Funds for this purchase will come from working capital funds for inventory purchases, account 6710-043-0582-8709 and recharged to budget bond funds when actually used in construction or maintenance. Aeapec fully ted: LManager l i Approved byi Names Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/jh 075.DOC ;I 3 *a . C C gC. I H I A M1^ p T S ~ I p`p. r j ~ I til ~ m ~ m 1 9 Y 1 n I UI N N '9 a ~ rit N ~ ~ ~ I y N ~ ~ I ' v> a I ~ i m L ~ M i 14 m r : I I R 4"YY' A Y K t I ' CITY COUNCIL j TIT J I cp0~or as SO~~ti ~ ro ~ 1J q s ~ 1 o O41roH t~4Q00 ~ `.~1 °a~oooooo~° -H 1111 H l r 26,1L-5/3689 s ~.J NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or ccmponents for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchases of materials, equip- ment or supp es, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 10243 BOUVIER HYDROPOWER _ _¢23.473.00 _ 10248 _ CLM SYSTEMS TX 327.00):04 SECTION II. That the acceptance and approval of the above items snail not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. -lima eu as o ry 1 n i r SECTION IV. That this ordinance shall become effective immea3a[er upon its passage and approval. PASSED AND APPROVED this the day of 1940. Bob CASTLEBERRY, MAYOR ATTEST: ' I 1 7TNN7: R A CRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCA, CITY ATTORNEY BY: a I A r.:: , DATE:November 6.1990 CITY_COUNCIL_REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER $10243 TO BOUVIER HYDROPOWER. INC. $23.473.00. RECOMMENDATION: We recommend this purchase order to Bouvier Hydropower Inc. in the amount of $23,473.00 be approved for payment, Public Utility Board also recommends approval. SUMMARY: This order is for the purchase of a recommended list of spare parts for the Ray Roberts Hydroelectric Project. The parts are recommended by Bouvier Hydropower as spares that could possible be used during start up of the EE turbine. The purchase of these parts ahead of time f eliminates the risk of delayed atart up and lost generation due to the lead time delivery of some items. Parts available from other sources than the original manufacture have been secured from those sources in order to save money and time. The parts remaining are sole source and protected by patent rights exempting them from state lax bidding statutes. E BACKGROUND: Quote from Bouvier Hydropower. PROGRAM5i DEPARTMENT -OR_GROUPS AFFECTED: Electric Utility Departsent. - FISCAL IMPACT: Funds for this purchase will come from j Electric Utility Revenue Bonds account f 0612-080-RB90-JR02-9210. i Respectfully submitted: 4Lo V. Harrell City Meneger a Approved: Namei- Tom D. Shaw,~C.P.M. - Titles Purchasing Agent t TS/jh 073.DOC W4 WSW, / . A ANCHOR/DARLING INDUSTRIES. INC. BUILDING II. SUITE 30S 919 CONESTOGA ROAD ROSEMONT. PA 19010 217 5279000 September 20, 1990 1 City of Denton Municipal Utilities 901 - A Texas Street Denton, TX 76201 Attention: Mr. Joe Cherri, P. E. Electric Engineer Re: Bouvier/tbdropower Spare Parts (Ray Roberts ProJeet) Dear Mr. Cherri: l In sooordarroe with the request of your letter dated September 14, 1990, f Bouvier/Hydropower confirms the lump sum price for the referenced spare parts at $23,473.00. For your convenience, I have attached a detailed listing of those parts including pricing. The conditions of sale are as follows: i 1) Delivery to Jobsite - March 1, 1991 2) F.O. B. jobsite 3) Terma of payment: 30 days after receipt of parts at the Jobsite. BouvierAtimpower will initiate the processing of the spare parts order upon receipt of your purchase order number, and authorization to proceed. 1 Very truly youra, William A. Bening Executive Vice President WAB/mrt Attachment: ` "Spare Parts Order" dated Sept. 19, 1990 I 1 I i . ~f 19-5'A-qi r t C M P'AY ROEERTS PROJECT h CITY OF DENTON ` DENTON TEXAS SPARE FARTS ORDER PON I~ h ` CITY DESCRIPTION UNIT EXT PRICE PRICE I I. TURBINE - ATELIER BOUVIER 1 5ET SHEAR PINS $377. p0 4377.00 i 1 LINEAR POTENTIOMETER 724.00 724,00 e 1 MISC. O-RINGS, SEALS. ETC. 453.00 453.00 If ~ II. HYDRAULIC PRESSURE UNIT - ANCHOR DARLING ENTERPRISES f 1 MOTOR/PUMP ASS'Y $1,355.00 I j $19355.00 i ` SCLc?•1OID COILS 27. Q0 81.00 I 1 MISC, O-RINGS, SEALS, ETC. 244.0<r 244.00 f k Ill. CONTROLS SWITCHGEAR - '_EDCO 4 5KV FUSES (FOR PT) $240.00 4960.00 3 5KV FUSES (FOR SS TRANS.1 144.00 432.00 1 POWER SUPPLY 370.00 370.00 1 GE SERIES 6 INPUT CARD 605.00 603.00 1 GE SERIES 6 OUTPUT CARD 605.0o 608.00 10 FUSES . 14. ir0 140.00 ' 4 RELAY BASES 9 PIN 14.04 96.00 2 RELAYS PLUG-IN DPDT 29.40 56.00 ` 2 RELAYS 28.00 56.00 . 5 k " r OTY DESCRIPTION UNIT EXT PRICE PRICE M IV. GENERATOR - IDEAL ` i SET THRUST HEARING PADS $6.272.Oo $64272,00 1 RIDGID SEAL - DR END ERG 1691.00 1691.00 1 FLOATING SEAL - DR END ERG 10?8. 00 1098.00 III 1 EXCITER END HEARING 4696.40 4696.00 i 1 FLOATING SEAL - EX END ERG 428.00 428,00 RECTIFIER - # 1021:4 248.00 624.00 i 3 RECTIFIER - # 102135 205.00 615,00 i 1 SURGE PROTECTOR - 4 102145 59.00 59.00 12 FUSES - N 10405.3 123,00 1476.00 TOTAL $23,473.00 ' I C f 1 j C . 1 1 f f I 4 i I II I ~ I ~ 1 { r,. a DATE:NOVEMBER 6,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council y FROM., L,.oyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER 410248 CLM SYSTEMS, INC. FOR $27,000.00 RECOMMENDATION: We recommend this purchase order to CLM j Systems Inc. in the amount of $27,000.00 be approved for ; payment. SUMMARY: This purchase order is for the purchase of a license for perpetual use of a proprietary software available only from CLM Systems. Proprietary software is ; exempt from the bid process by state law. This particular software is known as CEAL. It is an integral part of the GIS project and was part of the overall GIS presentation to { the City Council last year. The price includes the use of the software on up to six work a:etions, installation, training, manuals and technical support. Also included are (3) three sets of optional CLM link interfaces to allow date transfer to and from other formate. BACKGROUND: Purchase Order 410248, quotation from CLM Systems dated, October 10, 1990. PROGRAMS=__DEPARTMENT_ORGROUPS _wAFFECTED: Information Services, Utility, Planning and Engineering. FISCAL IMPACT: GIS Bond Funds. i Respectfully submitted: / I 1 Lloyd V. Harrell City Manager r Approved: f ; I~ Namei' Tom D. Shaw, C.?.M. I Title: Purchasing Agent TS/jb 074.DOC i I ~ i 6 1 f ~iN4 APP i 1 rv tic n~ Aw v. v n } - - - - - - - - a N 0 N N ~ n v O O N A o ~ f ~ F r * N o N N a M M N p A 1 eF-7i 1"1 1 x h-+ ~ 4th A1NO 3sn ONIMMIna VO! SVIVV WN3305 1 w.a Y+.y } CEAL Y CLM /SYSTEMS, INC. ►ienprlnt Can.ov0►r Mrana~ tINCt I t~6 40233, DALE MABRY s TAMPA. FLORIDA 7 36 1 1 4 4111031-70004 FAX 0171037.4742 Memeel0000e QUOTATION for City of Denton, TX October 10, 1990 CEAL for Workstations CEAL accessed via engineering workstations on single user and/or networked computers. Installation of CEAL on the designated type and number of properly configured workstations under DOS and/or AIX operating systems. 1. =L Six (6) workstation Site License Site License for CEAL on 6 Workstations 824,000 CAL Llcens Includess A. The right to perpetual use of the software on up to six workstations operated by City of Denton, TX staff. S. One Software Installation Kit for the current release of CEAL software. S C. One set of all CEAL Users Manuals and Training Documentation with right to reproduce and distribute for City of Denton, TX staff use. D. On-site services of a CLM Systems Engineer for one trip of up to three (3) days to assist City i 9p of Denton with installation, integration and T start up. E. First year technical support and software maintenance, updates and standard release enhancements. All support to be channeled through one Point of Contact designated by City of Denton, TX. F. CLM CEALcentre Professional School Training, Tampa, FL. One four-day training session for up to two staff. 11. Support Continuation of technical support and software maintenance to one Point of Contact designated by City of Denton, TX for additional years after the first. Per year B 31600 3 i1. I Yuf q.~ i q V DEAL t Page Two - Quotation October 10, 1990 III Options A. CLM LINK Interfaces CLM developed and supported Interfaces to allow data transfer to and from other formats. + Available for single workstations or site (~~J y J licenses per current CLM Software Price Schedule ,rJ" ~C ry (Attachment A). ~C CEAL to/from ARC/Info Format r Per workstation 8 10000 (Unlimited Site License 06,000.00) S. On-Site Training Services of a CLM Systems Instructor for one tour-day training session for Introduction to CEAL course. City of Denton, TX to provide training facl.lities and sufficient quantity of properly configured CEAL workstations to allow no more than two stutants per workstation. Recommend no tore than 12 students per class. Class runs from mid-day Monday through mid-day Friday) includes all expenses of Instructor. Per School S 50500 C. Additional licenses, training, services and other products per current CLM Software Price Schedule (Attachment A). a IV. Terse, A. Proposal good through January 31, 1991. B. All prices FOB City of Denton, TX offices. C. Invoices due net 30 days. D. Other terms per current CLM Software License Terms (Attachment B). Submitted By: CLM/Systems, Inc. Donald C. Clark Vice President Administration r t r qtr. . r CITY NOU CIL X V. I 1:71m: I I` Q~0 D JJ •4 c ~ s d p ° " ~ c QQQ~ ~d00GG0~ I TI-M :M1 MIM: T: -1-111. 1 tit I l yiw.rw~w.~ P j4} ii I ;i i 2651L-5/3689 NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOP, PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH me PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, sec:Et processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and I WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL. OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1. That the following purchases of materials, equip- ment or sup`rp es, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 1 r 10650 _ GENERAL ELECTRIC `fan,nnn.nn -10651- GENERAL ...C RIG ._f 4? inn. An I SECTION II. That the acceptance and approval of the above items s`hAII not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 111. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. f i j NCM 1 Fri e i I 2 SECTION IV. That this ordinance shall become effective imme acii ly upon its passage and approval. ®r1~ PASSED AND APPROVED this the day of 1990. BOB CASTLEBERRY, MAYOR ATTEST: f JENNIFER WALTERNO CITY SRUCTRETMARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY s BY: r I i 4 I 11,II F r DATEtNovember 6,1990 CITY COUNCIL_REPORT TOt Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECTS PURCHASE ORDER #10650 to general Electric for $20,000.00 RECOMMENDATION: We recommend this purchase order in the amount of $20,000.00 be approved. b'UMMARYs This purchase is for estimated chop service and repair materials for the scheduled overhaul of units 1 and 2 tirb:ne generators. These repaire if need must be preformed by General Electric shope to maintain warranty and service asreementa. General Electric is the original manufacture of these turbine generators. BACKGROUNDi Purchase order 0106500 Memorandum from Jim Thune. Superintendent Electric Production. I ?ROORAM32_DEPARTMBNT OR_OROllPS AFFECTEDI Electric Production maintenance schedule. - FISCAL IMPACT: 1990-91 Budget funds for maintenance of generating equipment account number #610-080-0251-8339. j Respectfully submitted: r 1 H rrell _ { d a City Manager A roved bys ~7~s--- Titles Purchasing Agent TS/,}h 079.DOC l E ~Ji•1°.. M~lu'M~ i I + N n - :v Pti IA N N-p g N ~ l 4• M• A ~ 6 p d N n ~ d F - Q~4 R A a ~ N n n) CL NM AINO ISA ONV VHDUAd MO! SVIIIV OINIUM; i 1 i « , .,1 11 t,a ~ tt f r T0: Tan Shaw Purchasing Agent FROM: Jim Thuns Superintendent, Electric Production SUBJECT: Requisition 0128166 and 0126157, General Electric DATE: October 30, 1990 The attached referenced requisitions are to fund technical field services snd any necessary shop repairs or materials necessary to completely overhaul tha steam turbine generators on units 1 and 2. These units are normally inspected at five-year intervals to ensure operational reliability and integrity, It has been over five years since the last Inspection, and considering the cyclic operation, a major inspection is recortmer,ded. JT:flc 10309001 i j i i. I LR[t' i { f tt Pa . t DATEiNOVEMBER 6,1990 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROMI Lloyd V. Harrell, City Manager ,a SUBJECTS PURCHASE ORDER 010651-GENERAL ELECTRIC IN 711% AMOUNT OF $52,300.00. RECOMMENDATIONS We recommend purchase order 010651 to General Electric in the amount of $52,300.00 be approved for payment. SUMMARY: This purchase order is for the estimated time and expenses for a General Electric. Technical Field Service Engineer and a Generator Specialist. These technicians will inspect units 1 and 2 turbine generator located at the Municipal Power Plant, assist in the repairs and supervise f the reassembly and start up. j BACKGROUNDS Purchase order 010651, memorandum from Jim Thuns superintendent Electric Production. PROGRAMS~_DEPARTMENT OR GROUPS AFFECTED: Electric Production nain i-nancs schedule, - FISCAL _IMPACT: 1990-91 budget funds for maintenance of generation equipment account number 0610-080-0251-8339. I, Rsspa tfully submitted: I ~ LloA ~Hue.lil L, City Manager i Approved byt i Name: Tom D. Shaw, C P.M. Titles Purchasing Agent TS/jh 080.DOC I ~ I I j Fi 4 t TO: Tom Shaw Purchasing Agent FROM: Jim Thune Superintendent, Electric Production t SUBJECT: Requisition 11126156 and M126157, General Electric i 1 DATE: October 30, 1990 I The attaehed referenced requisitions are to fund technical field services and any necessary shop repairs or materials necessary to completely overhaul the steam turbine generators on units 1 and 2. 1 These units are normally Inspected at five-year int.ervalt to ensure operational reliability and integrity. It has been over five years since the last inspection, and considering the cyclic operation, a major inspection is recommended. Tina JT:flc I 10309001 ! 1 J I 3r 1 4 ~ 111{ i I 1 } 1 1 .1 IA■{■11 i 11x ~h. A o o ~ i r i ~ ~0 • Q p~~ y Ni A 9- - - - - - r - - t a o Q~ i yy11 N ~ to ors r • !e_ ,+p~ O O ~ ~~p 6 p D m ~ i i p p p V If r~ W G C C n ~ n I = ~np u ► u ~O ~ 91• ~ 1 V N ~ i LLL Q. s s ` n n rmi ~ n e n O i i, w. a e J ~ c u I G H h n n ` ~ J O I fb A M f~r G N O a O p lb n - - it N 7 ° 07 F-I I I- I- I Oki 1 A1NO 4SA ONISV"3tnd 80! SVJVV OANIMS s fi I tt r k WITY'll"" COUNCIL. ! cs, MMM, IF 7 77 M: E E f i O 1 d , MIT i ~ GATE: November 8, 1994 r CITY COUNCIL REPORT FORMAT j~ T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Approval of a contract with Denton City County Day Nursery in the amount of $14,000 to provide low cost day care to low income families where both parents work. R OMM NDAT ION : The Human Resources Committee recommends approval. BACKGROUND: During the HSC's spring funding hearing Denton City County Day Nursery requested $16,800 to continue providing quality day care for low income working parents. SUMMARY: The Human Resources Committee recommended funding in the amount of $14,000 and presented the request to :City Council as part of their 1990-91 Human Services budget. In September Council approved $116,600 for human services programs. This budget specified $14,000 for Denton City County, PROGRRAHS.- DEPARTMENTS 0 GROUPS AFFECTED: N/A FISCAL I PACT; 1990-91 Budget includes the allocation for Denton City County. Reap tfully bmit Lloy V Hsrrel) r City Manager Prepared by: . ~ r Barbara Ross Community Develupment Coordinator Approved, r nk Robbin A I C P Executive Director for Planning 8 Development i 2850L ORDINANCE NO. AN -TWEE14 THE OF AND DENTON AN ORDINANCE CITAPPROVING Y COUNTY DAY GRNURSERYiB AUTTIORIZINGC H MAYOR TTO iT06 EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF Fh THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. ' aWHEREAS, the City Council has determi~o edprovideipublici the beat interest of the citizens of the City Denton City-County funds v Denton City-County Day Nursery, in consideration of the valuable public services to be furnished by Day Nursery to the City. of Denton Oin accordance with the "Agreement" attached hereto, NOW, THEREFs THE COUNCIL OF T14E CITY OF DENTON HEREBY ORDAINS; coven the "Agreement SECTION I. That the City Council hereby apP -;-;M " ached hereto, between athe Cit uthorizes othe enaoor ato Denton City-County Day Nursery, execute said agreement. SECTION 11. That the City Council ecauthorizes te ifi d in the Agreement re of iun a n t e manner and amount as ®p shall become effective SECTION 711. That pthis assage and apps val, imme ate y upon its 1990. day of PASSED AND APPROVED this the a "i'LL'9'E►El1EY~+~~ 888 ~ II1 I ATTEST: CITY SECRETARY JENNIFER WALTER, BYI APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CI'T'Y ATTORNEY BY$ 1 v 4 11 l ~AW'.1' 1~1b~ i I r 2850L AGREEMENT BETWEEN THE CITY OF DENTONs TEXAS AND DENTON CITY-COUNTY DAY NURSERY This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporations (hereinafter referred to as City) and the Denton City-County Day Nursery (hereinafter referred to as Agency), WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton ,;insnd without regard therefore HRC re religion age o randtional ori WHEREAS, the City has determined that the Aggconey merits assistance and can provide needed services to citizens of the City and has provided funds in its budget for the purpose of paying for contractual services; f NOW, THEREFORE, the parties herato mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. To provide low cost day care to low income families where k both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. II. OBLIGATIONS OF AGENCY from the City, Agency consideration eand p conditions; agrees to the following terms A. It will establish a as arate bank account for deposit of the Fourteen Thousand and No11.00 ($14,000.00) Dollars ppaid to the Agency by the City and the only expenditures from thia account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. thiec account and ishaallgnotr u ilize ®thbee (funds for sources her purpose. B. It will establish, operate, and maintain an account system for review this the financial stat:uslofwthe programcin, of funds and a for a 1 4.. r a 9 ~ C. It will permit authorized officials for the City of Denton to review its books at any relations, D. It will reduce to writ withathe City6srExecutive uDirector all of it and policies and file a orlized of Finance ador his ditions, a or hrevisionsewhenevertadopted,ng with any amendments, E It will not hhat contractsextendthatbeyondwouthldeetermncumbof the City funds for a period this Agreement. be required F. At the discretion of the City, the Agency may to refund the balance of the pedal yearunt to the City of Denton at the end of the Agency's It will promptly paY all bills discrepanciesein bills shall discrepancy in a bill; Y shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to Director of Finance and other City meet with s when the requested. official 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, harm- pense tandCattorneys its employees, and/or contuding ncosts, and lees from all liability, incl an claims, audit excel t Whole s°r tin y character whatsoever resulting employee, or free, for damages or of on any ~ ag nt from xepthe raientative c of o the Agency.°f any act of any City of Denton copies o£ year-end J. it will submit to t statements, audited financial 112. TIME OF PERFORMA,C The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1989 through September 30, 1990. IV, METHOD OF PAYMENT uest A, ?ayment by the Citq for services r ilde'd eer uedict wilbe made as follows; provided, that Agency West Suit B, pay- letter addressed 6201to: Community Dentonp 110 Coordinator: ment B, Dent ono Tcxaa 7 ~ t PAGE 2 t Owl i On or after January 10 1991 3,500 On or after April 1, 1991 3,500 On or after July 1, 1990 3,500 September 30, 1991 3,500 B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Fourteen Thousand and No/100 Dollars ($14,000.00) for all of the services rendered. It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the City of Denton. C. The City shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision cf any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition the Agency agrees to provide the City the following data andjor reports: A. All external or internal audits. Agency shall submit a copp of an annual independent audit to City within ten (10 days of receipt. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, ( April, July and September, to include the following datat 1. Number of children served each month. l 2. Income level of families participating in program. D. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include income and expenses for the preceding quarter. VI. DIRECTOR'S MEETINGS During the term of this Contract the Apncy shall cause to be delivered to the City copies of ali notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief PAGE 3 I~ I• ~1C N f' y 1 I F F i I description of the matters to be discussed, Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. I Minutes of all meetings of the Aggency's governing body shall be submitted to the City within ten (10) working days of approval. w VII. SUSPENSION OR TERMINATION f The City may suspend or terminate this Agreement and payments j to the Agency, in whole or part, for cause. Cause shall include h but not be limited to the following; I A. Agency's improper, misuse, or inept use of funds. this Bag Agency's failure to comply with the terms and conditions of i C. Agency's submission of data and/or reports that are incor- rect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. Tn case of suspension, the City shall advise the A ency, in J writing, as to conditions precedent to the resumption of funding J and specify a reasonable data for compliance. I In case of termination the l to any unexpended City funds. Acceptancecyofilthrse/ltfundsh shally n constitute a waiver of any claim the City may otherwico have arising out of this Agreement. VIII. EQUAL OPPORTUNITY A. Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. B, Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and PACE 4 I 11 f ` i y , accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Agency further covenants that in the pperformance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. 8. The Agency further covenants that no member of its governing body or its staff, subcontractors or em;+loyees shall possess any interest in or use his position for a pu:pose that is or gives the appearance of being motivated by desire for private gain for himself, or others; particularly those with which he hbe family, business, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercisae any function or responsi- bilitiee in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in j - which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proaeedr thereof. ` X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family or any person who is currently employed by Agency, or is a member of Agency's governing board. The term member g of immediate family includes wife, husband, son daughter, mother, father, brother, sister, in-laws, aunt, unc~a, nephew, niece, step-parent, step-child, half-brother and half-sister. IN WITNESS VREREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of w, 1990. PACE 5 1 1 1 j d CITY OF DENTON, TEXAS 503 CASTLEDERHYs MAYOR i ATTEST: ' JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY { BY: DENTON CITY-COUNTY DAY NURSERY I 1 DIRECTOR ATTEST: I PAGE 6 Y I~ C I T Y MMM: XMI: COUNCIL ~I ODD T 1 ~ s i d s b~ 1 a MCI ` r DATE: November 6, 1990 CITY COUNCIL RFPnaT cnoL.sr TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUSJ: Approval of a contract with Denton County Friends of the Family in the amount of $31,700 to provide services to victims of family violence and sexual assault. BECOMMENOATIOM: The Human Resources Committee recommends approval. $ACKGRD=: Friendstof the riamilygrequeetsdh$331000 S to ocontinue providing services to victims of family violence and sexual assault. i?iltMAM : The Human Resources Committee -ecommended funding in the amount of $31, 700 and presented the request to City Council as part of their 1990-91 Human Services budget, In September Council approved $116,600 for human services programs. This budget specified $31,700 for Denton County Friends of the Family. ~S DEPARTMENTa OR ORW PS AFB T D N/A ES.g~r~PACT 1990-91 Sidget includes the allocation for Denton County Friends of the Family. 4R u11y suitte Harrell ± Prepared by: ager Barbara Ross Cosrmunity Development Coordinator AhR d: obbins AIC P Executive Director for Planning a Davelopment L : s 1...... J r 2849L r • ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON THE AUTHORIZING EXPENDITUREHEOF MAYOR TO FUNDS AND EXECUTE THE COUNTY AGREEMENTS AOF THE PPROVING FAMILY- THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is i the beat interest of the citizens of the City provide to Denton County Friends of the Family in c n sideration Cou ty Friends valuable public services to be furnish Denton in accordance with the of the Family t to the City of THEREFORE, "Agreement" attached hereto; NOW, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS the SECTION I. That the City Council hereby approves 1 Agreemen! t~attached hereto, between the City of Denton and " and authorises the Mayor to Denton execute CsaidyAgrFriends eement of the Family, SECTION II. That the City Council specified in ttheAgreementure , of funs in e manner and amount as SECTION III. 11 a ®i and ordinance shall become effective approval. imme ate y upon its pa8ag 1990. PASSED AND APPROVED this the day of g{~$Z7CgTGL ~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY i! BY AS TO LE FORMI DEBRA AD DRAYOVITCK CITY ATTORNEY BY., 1 ' i •4 1 I r tl Ir 2849L AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY FRIENDS OF THE FAMILY This Agreement is hereby entered into by and between the City of Denton, Texas a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Denton County Friends of the Family hereinafter referred to as "Agency"; WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the A envy performs an important service for the residents of Denton without regard to race, religion, color. age or national origin, and HRC recommends funding the Agency; and WHEREAS, the City has determined that the Aggency merits assistance and can provide needed services to citizens of the City and has provided funds in its budget for the purpose of paying foe contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows., 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by the City may be used: A, Provide emergency residential shelter to woman and their children, who are victims of family violence. B, Provide counseling, on both a residential and non- residential basis, to family members, to assist them in dealing with the emotional and physical trauma of family violence. f C. Provide counseling services to victims of rape and their families. D, Provide community education services concerning rape and family violence, II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agreas to the following terms and conditions: A, It will establish a separate Uank account for deposit of and and the AThir gency ttby a the City and N the00only3expenditures fromai this I •urw f account, until such time as said funds are exhausted, shall be for those expenses listed in the acopa of servicee as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. 8, It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a ns review of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City the Agency may be required to refund the balance of the special account to the City of Denton at the and of the Agency's fiscal year. 0. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction, H. It will appoint a representative who will be available to most with the Executive Director of Finance and other City officials when requested. I. it will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, i its employees, and/or contractors. J, It will submit to the City of Denton copies of year-end audited financial statements, III. TIME OF PERFORMANCE ~ The services funded by the City shall be undertaken by the Agency within the following time frame., October 19 1990 through September 30, 1991. PAGE 2 i .YCW'~ Ii } E n1 VIII` s r IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said pay ment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinators wra 7,925 on or after January 1 1991 7,925 on or after April 1, 1991 71925 on or after July 1, 1991 7,925 on or after September 30, 1991. B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Thirty-three Thousand and No/100 Dollars ($33,000.00) for all of the services rendered. C. The City shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuous)y monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency egress to provide the City the following data andor reports: A. All externs) or internal sudits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. { i B. All external or internal evaluation reports. 0. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Total number of clients served. 2. Residential-Number of women over seventeen (17) housed. i 3. Number of children under seventeen (17) housed. 4. Average length of stay of persons housed. S. Disposition of case. 6. Non-Residential Family Counseling-Number of clients. PACE 3 i i U r HAS'M 1 1 d i yet ~ r 7. Non-Residential Individual Counsaling-Number of clients. 8. Number of telephone calls related to family violence. 9. Income Resources level or Health to Texas Department of Human Guidelines. 10. Number below poverty level and number above poverty level. 11. Number of rape cares. 12. vOther olunteer appropriate hours, maj or do donations, as number of raising efforts, community education program, and new program developments. D. The Agency agrass to submit quarterly financial statements in January, April July, and September. Each statement shall ll include current and year-to-date period and beginniof a ng and revenues, expenditures, outstanding obligations ending balancer. E. M explanation of any major changes in program services. F. An explanation of use of funds to provide additional services. G ,s MEETINGS VT. DIRECTOR' f During the term of this Contract the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directora, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall inolud Rrdod s and a brief description of the matters to be discussed. cy understands and agrees that City representatives shall be e an a access to J all Board of Director s meetings. Minutes of all meetings of the Agoncy's governing body shall be submitted to the City within ton (10) working days of approval. VII. SUSPENSION OR TERMINATION in case of suspension, the City shall advise the A ency, in a writing, as a real conditions able da precedent compliance resumption 01 funding specify ~.-4 r PAGE 4 j t y ~J,' • . In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this al}reement. VIII. EQUAL OPPORTUNITY A. Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. B. Agency shell comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non-discrimination requirements the Contract may be cancelled, terminated or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Agency further covenants that in the ;performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. 0, The Agency further covenants that no member of its governing boldl or its staff, subcontractors or employees shall poetess any interest in or use his position for a purpose that is or Sivas the a sarance of boing motivated by desire for private gsin for himself, or others; particularly those with which he hat family, business, or other ties. C. No officst, member, or employee of the City and no member of its governing body who exercises any function or responsi- bilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. PAGE S 1 1 r1 / d i Y V E X. NEPOTISM Agency shall not =t in any paid capacity any person who is a member of the e family of any person who in cur- rently empployed by Agency, or is a member of Agency's governing board. The term "member of immediate family" includest wife, husband, eon, daughter, mother, father, brother sister f in-laws, aunt, uncle, nephew, niece, step-parent, step-c ild, ha f-broths- and half-sister. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 1990. CITY OF DENTON, TEXAS BY: , FOR ATTESTt JENNIFER WALTERS, CITY SECRETARY i BYt I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYI~ LONCOUNMTY FRI S OF THE kl~ ATTESTt j BY t e - SKRETART PAGE 6 i Sao- 1:121: 11:11: .r..y I y CITY COUNCIL M. 7:11.1 amuzaammai 1:11 T; 1,1111.1um: 1:111: ~of era I ~ r d J d j d ► 0 H 1r +~Q %,A .M :21 .M. 1:711:11 1 1 TT: r 1 llrfi~ IWf i GATE: November d, 1990 I Y f CITY COLN~~, REPORT F4H~ TO: Mayor and Members of the city Council I FROM: Lloyd V. Harrell, City Manager SUBJ: Approval of a contract with SPAN in the amount of 426,200 to help older citizens remain independent and to provide referral services, AECOM~ MENpATI~N; The Human Resources Committee recommends approval. HACKOROuNn; During the HSC'a spring funding hearing SPAN requested 426,000 to continue providing referral services to the elderly. "MMAUI The Human Resources Committee recommended funding in the amount of 425,200 and presented the request to city I Council as part of their 1990-91 Human services budget. 1 In September Council approved $116,600 for human services programs. This budget specified 126,200 for SPAN, PRDORAMB bEpARTMEN i r N/A TB OR dROion ier nTED: J I I FI~-1HPAQ1i 1 I r 1990-91 Budget includes the allocation for SPAN. I f ~ u11Y itt j IE I Harrell *ager Prepared by: 22, _ Barbara Ross Community Development coordinator { APpro ed: A 1 ~ r n i0b P AICP ixaeutive Direotor for Planning I Development . I I 1 r Y 2987L E r ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THERE- FOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Services Program for Aging Needs, in consideration of the valuable public services to be furnished by Services Program for Aging Needs to the City of Denton in accordance with the Agree- ment attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the Agree- ment attached hereto, between the City of Denton and Services Program for Aging Nasdaq and authorizes the Mayor to execute said agreement. SECTION II. That the City Council authorizes the expenditure I of fun-J i'n "Be manner and amount as specified in the Agreement, SECTION 111. That this ordinance shall become effective im- media-aT upon"its passage and approval. I PASSED AND APPROVED this the day of , 1990. I I I ATTESTt JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt s I 1 E. 2987L r h ` AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND hh SERVICES PROGRAM FOR AGING NEEDS I This Agreement is hereby entered into by and between the City may, of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs (herein- after referred to as Agency); WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency h performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assis- tance and can provide needed services to %itizens of the City, and has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agros as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. Help older citizens remain independent and as fully active li in the community as they choose. B, Provide a hot meals program fivo days a week at Denton Senior Center, Heritage Oaks and Martin Luthar King, Jr, Recre- ation Center, C, Offer information and referral services for oldor persons at the SPAN Central Office, D. Provide a nutrition program at Denton Senior Center, E. Provide homemaker services, benefits counseling and a residential repair program for elderly citizens. F. Assist senior citizan.4 in arranging for or obtaining needed services and provided benefits counseling such as assis- tance in filing for insuranca, social security benefits, housing subsidise, etc, ~J ~w.Ri' MM1{i 11 f 1 5 'r II. OBLIGATIONS OF AGENCY 14 In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank Account for deposit of the Twenty-five Thousand Two Hundred and No/100 ($25,200.00) !3 Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not v(.ilize these funds for any other purpose. B. It will establish, operate and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of. its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. F. It will not enter into any contracts that would encumber i the City funds for a period that would extend beyond the torm of this Agreement. i F. At the discretion of the City, the Agency may be rliquired to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unleia there is it discrepancy in a bill; any errors or discrepancies In bills ~ k shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. it will appoint a representative who will be available to most with the Executive Director of Finance and other City offi- cials when requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harmless from all liability, including coats, expenses and attorneys fees, for or on account of, any claims, audit: execs tions, suits, or damages of any character whatsoever resulting in I PAGE 2 , -J ~aN•' AwRO i 1 ~ ~A whole or in part from the performance or omission of any act of any employee, agent or representative of the Agee y. J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by the City shall bE undertaken by the I Agency within the following time frame: h October 1, 1990 through September 30, 1991. IV. METHOD OF PAYMENT reunder will A. Payment to the City for ded$ thaticAgency vshallharequest said I) be made as follows; provi payment by letter addressed to: City of nto Communnity 10Devet O aot Suite B, Denton, Texas 76201, Attn% Coordinator: 2,100 on or after November 1, 1990 h 20100 on or efter December 10 1990 23100 on or after January 1 1991 i 20100 on or after February 1 1991 20100 on or after March 11 1491 2,100 on or after April 1 1991 29100 on or after May 1 1991 2,100 cn or after June 3, 1991 2,100 on or after July 1, 1991 2,100 on or after August 1, 1991 { 2,100 on or after September 1 1991 2,100 on or after September 36, 1991 ` B. It is expressly understood and agreed that in no event / under the terms of this contract will the total compsneatton to be paid hereunder No/100 D meximum forntall fivf he users Two iiHundrred and / v vices rendered It is expressly understood that this contrECt in no way obligates the General Fund or any other monies or ^.rsdits of the City of Denton. C, The City shall not be obligated or fora le nde of tans r contract to any party other h orthervicaey paymet monies or provision of any goods V, EVALUATION I aintananceen arees to ancanimplementation and continuously m I ~ ` PAGE 3 1 r i monitored. The Agency agrees to make available its financial records for review by the City at the City'a discreticn. In addition the Agency agrees to provide the City the following data and)or reports: A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of one-way trips furnished each month. 2. Number of meals served at Denton Senior Center, Martin Luther King Jr. Recreation Center and Heritage Oaka each month. I 3. Number of information and referral requests handled quarterly. D. Agency shall submit quarterly financial statements in January, April, July, and September for the preceding quarter, which shall include expenses and income. VI. DIRECTORS' MEETINGS f Dunne the term of this Contract, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands E and agrees that City representatives shall be afforded access to 1 all Board of Director 'a meetings. Minutes of all meetings of the Agency's governing body shall be submitted to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall inclue* but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. ! PAGE 4 x.. i i i i C. Agency's submisaion of data and/or reports that are in- correct or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcyy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in h-riting, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY A Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective ` date of this Contract. r I B. Agency shall comply with all applicable equal employment opportunity and affirmative action law + e or regulations. I+ C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non- +iiscrimination requirements, the Contract may be cancelled, termi- nated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree foith the performance of services required to be performed under this Contract. The Agency further covenants that in the go of this Contract, no erson having such interest shall be employed or appointed as a member of its governing body. 1 PACE S I it t } s s B. The Agency further covenants that no member of its govern- ing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives f the a earance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. . C. No officer, member, or employee of the City and no member of its governing body who exercises any function g or responsibil- ities in the review or approval of the nr a indrying out of this Contract shall (1) participate in any relating to the Contract which affects his personal interest or the interest in any corporation, partnershiq, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed bar Agency, or is a member of Agency's governing board. The term 'member of immediate family" includes; wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Agreement as of the day of 1990. CITY OF DENTON, TEXAS i BOB , FMR ATTEST: JENNIFER WALTERS, CITY SECRETARY By, APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY k i BY: PAGE 6 1 c c t rw~ ~ r jr,.:., . r r SERVICES PROGRAM FOR AGING NEEDS L"iR~G`T'OR ATTEST; i 1 i 1 I i I' PAGE 7 i I l F s I s Y CITY COUNCIL III Ila { M a 22 0 IS, p~ it. ao oco~ i I 7 M x DATE: November a, i990 CITY COUNCIL REPORT FORMAT l J TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBd: Approval of a contract with SPAN in the amount of $46,000 to provide transportation services. RECOMMENDATIO,y: Staff recommends approval. f BACKGROUND: SPAN requested $46,000 to continue providing transportation to the elderly and handicapped. SUMMARY: City Council approved transportation funding in the amount of $46,000 at their September 18th meeting. PROGRAMS DEPARTMENTS OR CRnIIAR ec------ N/A FISCAL IMPAUJ 1990-91 Budget includes the allocation for SPAN. ep tfully eu tted: z Lloyd V. Harrell Prepared by; City Managsr Barbara Rose J` Community Development Coordinator << Approv • i I ! 1 SMV "j/1 F n-A R bins AICP Executive Director for Planning 8 Development E 1 i i r 2996L ORDINANCE NO. _ AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; a AND PROVIDING FOR AN EFFECTIVE DATE. J. J1M WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Services Program for Aging Needs (SPAN), in consideration of the valuable public services to be furnished by Services Program for Aging Needs (SPAN) to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby approves the Agree- ment attached hereto, between the City of Denton and Services Program for Aging Needs, and authorizes the Mayor to execute said agreement. SECTION It. That the City Council authorizes the expenditure of funa fn t-4'ie manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective im- mediately upon 3.ts passage and approval. PASSED AND APPROVED this the day of , 1990. I Sul , ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., I a ,f yP 1 2986L C I AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs (SPAN) (hereinafter referred to as Agency); WHEREAS, the City Manager has determined that the Agency merits assistance and can provide needed services to citizens of the City and City Council has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. Provide transportation within the city limits for persons sixty years old or older. B. Agency shall provide transportation services within the city limits to handicapped persons up to sixty (60) years of age. Applicants in need of transportation for employment pur- poses shall be given priority consideration over applicants need- ing transportation for medical appointments, banking, shopping or social purposes. C. Agency may contract with other persons or companies to provide the services specified herein during times when Agency does not operate. Transportation services provided by such sub- contracts shall be in accordance with the terms and conditions of this agreement. D. Agency shall furnish the transportation services in accordance with working hours and holidays established by the SPAN Board of Directors. E. Agency shall charge each passenger of the transportation services One Dollar ($1.00) for every one-way trip provided to that passenger. It. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: I 1W'{. FN Y A. It will establish a separate bank account for deposit of the Forty-Six Thousand and No/100 ($46,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, . until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purposes H. It will establish, operate, and maintain an account system ` for this program that will allow for a tracing of funds and a h review of the financial status of the program and will permit authorized officials for the City of Denton to review its books at any time. C. It will comply with all federal statutes and regulations promulgated thereunder applicable to the Agency. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. j H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City offi- cials when requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit excep- tions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employse, agent or representative of the Agency. J. It will submit to the City of Denton copies of year-end audited financial statements. PAGE 2 I k J .U1^i o 'F 3 III. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1990 through September 30, 1991. IV. METHOD OF PAYMENT ri A. Payment by the City for services provided hereunder will be made as follows; provided, that Atency shall request said pay-Suite ment by Denton letter Texas 76201 addressed Attn: CommunityeDevelopment Coordinator: 3,833.33 on or after November 1, 1990 30833.33 on or after December 1, 1990 3,833.33 on or after January 1, 1991 j 3,833.33 on or after February 1, 1991 3,833.33 on or after March 1, 1991 3,833.33 on or after April 1, 1991 1 3,833.33 on or after May 1, 1991 3,833.33 on or after June 1, 1991 3,833.33 on or after July 1, 1991 39833.33 on or after August 1, 1991 3,833.33 on or after September 1, 1991 3,833.37 on or after September 30, 1991 B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to paid hereunder exceed the s an rendered. and No/100 Dollars ($46,000.00) for all of the services It is expressly understood that this contract in no way obligates { the General Fund or any other monies or credits of the City of f Denton. 1 C. The City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION ' The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City s discretion. addition the Agency agrees to provide the City the following data andtor reports; or i rnal A. coyplyy eofethe annualtindepe dentsauditetoy Cityl withini ten (10) days of receipt. PAGE 3 i Y f B. All external or internal evaluation reports. C. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include expenses and income for the preceding quarter. VI. DIRECTORS' MEETINGS During the term of this Contract, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director 'a meetings. Minutes of all meetings of the Agency's governing body shall be submitted to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. 1 B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incor- rect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcyq, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. E. If for any reason the carrying out of this agreement is rendered impossible or infeasibla. In case of suspension, the City shall advise the Agency, in 4 writing, as to conditions precedent to the resumption of funding and apecify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. I PAGE 4 1 iaAAY.' I }Ai J. 4 , J 1< f J VIII. EQUAL OPPORTUNITY A Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action. Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. i D. In the event of the Agency's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any canner or degree with the performance of services required to be performed under this Contract. The Agency further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. B. The Agency further covenants that no member of its govern- ing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, i business, or other ties. C. No rifficer, member, or employee of the City and no member of f.ts governing body who exercises any function or responsi- bilities in the review or approval of the undertaking or carrgqing out of this Contract shall (1) participate in any decision ralat- ing to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. NEPOTISM Agency shall not employ in any paid capacity any person who N._ is a member of the immediate family of any person who is cur- rently employed by Agency, or is a member of Agency's governing PAGE 5 I4 A. YNYe., jR1 I Y I ~j Aa i board. The term member of immediate family" includes: wife, husband, eon, daughter, mother, father, brother sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. IN WITNESS WHEREOF, the parties da hereby affix their signa- tures and enter into this Agreement as of the day of 1990. CITY OF DFNTON, TEXAS $ O ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM! I DEBRA A. DRAYOVITCH, CITY ATTORNEY a I 1 BY. SERVICES PROGRAM FOR AGING NEEDS I ATTEST: 1 BY: I PAGE 6 I I 1 r.ry. i , r CITY COUNCIL f ono, a,~y, ~ I to% `~7y~ Q N S t 4o0rJ~ ~.._.q U TODD G000~ i i j w1 rty.1~ aa~ P ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A RELEASE AND SETTLEMENT AGREEMENT OF ALL CLAIMS FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND GLEN ALLAN SMITHERS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Release and Settlement Agreement of all claims between the City of Denton and Glen h1lan Smithers, providing for the settlement and compromise of the litigation now pending between the parties before the 367th Judioial District Court of Denton County, Texas in Cause No. 87-2206-3670 is approved in accordance with its terms. The City Manager is authorized to execute the agreement and all other documents and make the payments and take such action as is necessary to comply with the terms of said agreement. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1990. I BOB CASTLEBERRY, MAYOR k ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: L~L~L~ 7F Y, ' V f CAUSE NO. 87-2206-367 GLEN ALLAN SMITHERS S IN THE DISTRICT COURT VS. S OF DENTON COUNTY, TEXAS S THE CITY OF DENTON, TEXAS S 367TH JUDICIAL DISTRICT E AS s1AD SETTLEMENT AGREEMENT The undersigned, for and in consideration of the sum of Thirty Two Thoosand ($32,000.00) Dollars, to me in hand paid, the receipt of which is hereby acknowledged and confessed, does hereby covenant that this is a Release and Settlement Agreement made under a denial of liability and shall never be construed as an admission of liability and is made for the purpose of buying the peace of all partLos and persons hereby released and to avoid further expense. ' In consideration of said sum and the psrmises, the undersigned does hereby receive said sum in full, final and complete release, discharge, compromise and satisfaction of any claims, actions, demands or causes of action which have arisen or may hereafter i~ arise, known or unknown, by the undersigned, his heirs, assigns or 't representatives for damages, actual or exemplary, costs, expenses of any element of damages including fees of any character, by reason of or growing out of this cause of action which involves a worker's compensation claim which has been appealed by The City of Denton, Texas. And, the undersigned hereby covenants, warrants and agrees that no promise, inducement, representation, conduct by the persons hereby released, their agents or attorneys or any person in privity with them, has induced this release, except as hereinafter Let forth. RELEASE AND SETTLEMENT AGREEMENT - Page 1 I l 1 1 f 1 I j The undersigned, for himself and his heirs, assigns and representatives, covenants not to sue the said released party for that claim he made for worker's compensation arising out of an alleged accident which occurred on or about August 7, 1966. Further, as the undersigned, I hereby agree and accept that a all outstanding medical expenses incurred by me for the treatment of the injury alleged by me in the above styled and numbered cause and all other medical and further medical expenses incurred by me after the entry date of this ;judgment shall be paid by me. I further agree that a Judgment may be entered in this case reflecting the terms of this Release and Settlement Agreement. EXECUTED this qE{day of ~fLa~--, 1990. I G en Ilan Smit ers STATE OF TEXAS S COUNTY OF S S BEFORE ME, the undersigned authority, on this day personally appeared Glen Allan Smithers, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. i SWORN TO AND SUBSCRIBED BEFORE ME on this the a9 day of { 1990. MY COMMISSION EXPI NOTARY PU9 y pUBLI IN ND FOR STATti Oexp 2" STATE OF TEXAS f 1 RELEASE AND SETTLEMENT AGREEMENT - Page 2 I ooe- lj■R ~ ~ wrw r i i CITY COUNCIL I O~' or a~ { MI 4 Z CQ G + H V roK, S~ DOO ~~40C GG4~ , 21: U 17 I 1 r- t ~k. i CITY COUNCIL REPORT FORMAT f TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUBJECT: An Ordinance Approving an Agreement Between the City of Denton and Moore Business Forms, Inc. to Provide for the Donation of Real Property RECOMMENDATION: Approval of ordinance. SUMMARY: This ordinance will permit an agreement to be approved for the donation of property to the City of Denton owned by Moore Business Forms, Inc. BACKGROUND: Council has received a detailed report discussing this project. PROGRAMS, DEPARTMENTS OR GROUPS .AFFECTED: NSA FISCAL IMPACT; Fiscal considera;`.ions were discussed with Council on October 16, 1990. f I ~i RESPECTFULLY SUBMITTED: Lla d V, Harrell i City Manager Pr red b Name Steve Brinkman TiL'le Director of Parks and Recreation A roved: am Tit lo l'n:sv Y • j i k f C ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND MOORE BUSINESS FORMS, INC. TO PROVIDE FOR THE DONATION OF REAL PROPERTY TO THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Moore Business Forms, Inc., has offered to donate improved real property to the City of Denton on certain conditions; and WHEREAS, the City Council believes it would serve the interest of the community to accept the property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SZCTION I. That the City Council hereby approves the attached agreement between the City of Denton and Moore Business Forma, Inc. providing for the donation of the real property therein described. ,U9TION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1490. i R BOB CASTLEBERRYr MAYO ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM., DEBRA A. DRAYOVITCH, CITY ATTORNEY L~ BY: i i a tk. .r AGREEMENT BETNEEN THE CITY OF DENTON, TEYAB AND MOORE BUSINZ88 FORMA, INC., PROVIDING FOR THE CONVEYANCE 07 REAL PROPERTY This Agreement is made the day of , 19900 between the City of Denton, Texas (Denton), a municipal corpora- tion of the State of Texas, and Moore Business Forms, Inc., (Moore), a Delaware corporation. It is agreed as follows: 1. Agreement To Donate and Accept. Moore agrees to donate to Denton and Denton agrees to accept from Moore all that certain real property, with all buildings and fixtures located thereon (the "Property"), in tho City of Denton, Denton County, State of Texas, described in Exhibit "A", attached hereto and incorporated herein by reference. 2. improvements Included. The Property to be conveyed includes all buildings and fixtures L)cated on the Property on the ` date Denton takes possession of the ,property. r 3. Title Transferred. Moore shall execute and deliver to f Denton on or before December 14, 1990, a general warranty dead in recordable form conveying marketable title to the premises free and clear of all liens and encumbrances except for reservationsr restrictions, covenants and easements of record and facts which would be discls ed by a comprehensive survey of the Property. 4. Possession of Property. Possession of the Property shall be delivered to Denton upon delivery of the deed. I 5. Fese, Charges and Costs. Denton shall pay all recording I ~ PAGE 1 '4 Ile- r FaT ll " f4 S fees, title searches, surveys and the premium charged for any policy of title insurance arising out of this transaction. Upon delivery of the deed, Denton shall pay Moore $4,000.00 as reim- bursement for the cost of the appraisal of the property previously .a paid by Moore and $430.00 as a pro rata reimbursement to Moore for the remainder of Moore's lease with the Missouri Pacific Railroad Company. 6. Taxes. Moore shall pay all ad valorem taxes on the Property due to any taxing jurisdiction in any tax year through and including 1990, except those due to the City of Denton for 1990. 7. 6asardous Materials. Moore represents and warrants that it has no knowledge that the Property has ever been used as a site for the disposal of any toxic or hazardous substances regulated by the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Air Act or other federal or state laws or regulations. e. YS3tegration. This Agreement constitutes the entire agreement between the parties and neither party relies upon any representation not contained in this Agreement. The parties have executed this Agreement on the date written above. CITY OF DENTON BY$ LLOYD V. HARRELL CITY VANAGER i PAGE Z 1 I ' t M , I f . i I r i ATTEST= JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I~ MORE BUSINESS FORMS, INC. BY: TITLE: i THE STATE OF TEXAS ¢ ~ I COUNTY OF DENTON ; I 3 This instrument was acknowledged before me on the 1990 by Lloyd V. Harrell, City Manager of theaCity ' j of Denton, Texas, a Municipal Corporation, on behalf of said Municipal Corporation. 1 NOTARY PUBLIC, STATE OF TEXAS My Commission expires: PAGE 3 i i r[ kr{r.: R A. SX{I{I7 'A• kVORTE TRACT* ALL THAT CERTAIN TRACT OA PARCEL OF LAND SITUATSD 11 THE HIRAM S1SCO SURVEY, ABSTRACT NUMBER 1164, CITY OF DENTON, COUNTY OF DENTON, STATE OF ?[US$ SAID TRACT BEING SHOWN BY DEEDS TO MOORC BUSINESS FORMS, INC., AND PECORDED IN VOLUME 325, PACE 635, VOLUME 325, PAGE 636, VOLUME 325, PAOE 611, VOLUME 331, PAOE 451, VOLUME 328, PAGE 44S, AND PRAT Of VOLUME 326, PAGE 639, OF THE DEED RICOXD9, OF COUNTY OF DENTON, STATE Of TEXAS, AND BEING MORE FULLY DESCRIBED AS FOLLOVIi s BEGINNING FOR THE SOUTHWEB? CORNER OF THC TRACT BEING DEBCAIBED HEREIN AT A 817 1/2 INCH STEEL SQUARE TUBING AT THE SOUTHWEST CORNER Of SAID VOLUME 325, PADS 63S, SAID TUBING BEINO AT THE INTERSECTION Of TEE EAST RIGHT-OF- WAY LINE OF RAILROAD AVENUE (A 50 FOOT WIDE ASPHALT SURFACED PUBLIC ROAD), AND TEE NORTI RIGIT-Of-WAY LINE OF EAST HICKORY STRIST (AS ASPHALT SURFACED PUBLIC STRUM THENCE NORTH, WITH THE WEST LINE Of BALD MOORC SUB. FORMS TRACT, AND TNS EAST LINE OF SAID RAILROAD AVS., A DISTANCE OF 373,07 FEET TO A St? 1/2 INCI BULL SQUARE TUBING FOR TIC NORTH CORNER OF SAID VOLUME 321, PAGE 446, SAID TUBING BEING THE NORTIEA81 OF AND 1.50 PEST FROM THE CENTER LINE OF THE TEXAS 6 PACIFIC RAILWAY SPUR, SAID TUSFNG ALSO BEING AT 701 START Of A CURVE TO THE LEFT WHOSE RADIUS II 451.17 FEET, CEI7RAL ANGLE Of 32 DEGREES 01 MINUTE) 14 SCCONDI, AND A CHORD BEARING AND DISTANCE OF MU 62 DCGAICS 13 MINUTES 30 IECONDS EAST. A DIBTANCE Or 2S3.74 FECTs THS1Ct WITH SAID CURVE TO TVA LEFT, AND 16IN0 8.50 FEET WORTH Of SAID CENTER LINE AN ARC LENGTI OF 257.10 FEET TO A SET 1/2 INCE STEEL SQUARE TUBING FOR TIE END Of SAID CURVE, SAID TUBING BEING TIC SOUTHEAST CORNEA Of A TRACT SHOWN BY DIED TO WILSON MCKBNNY CT AL, AND RECORDED IN VOLUME 396, PAOC 63S, Of SAID DECD RECORDS) TUNCt SOUTH A u STAICC Of 5.50 fM TO A It? 112 INCH STEEL SQUARE TUBING 01 TIE SOM LINE OF SAID VOLUME 325, PAGE 639, AND III NORTH LINO Of SAID VOLUME 325, PAOI 636 Of SAID D190 RECORDS, SAID TUBING ALSO 09114 AT AX SLL CORNER Of CAST OAE STREET (AN A/DIAL? SURFAC90 PUBLIC STREET), AND fRANI $MCI (AN ASPHALT SURFACED PUBLIC STUCT) ) ?DANCE SOUTH 86 OCORtti 59 MINUTES 44 ICCONOI FAIT, VITA TIC SOUTH LINK Of SAID SAI? OAK STREET, An THE MGM LINE Of SAID NOOAI TRACE, A. DISTANCE Of 515.48 PLOT TO A St? 14 INCE ITSIL SQUARE TUBING FOR TIC NORTHtAI? CORNEA OP SAID VOWrl 321, PACK 01 Of SAID 0999 1100100, SAID TUSINO ALSO BEING A? AN tLL CORNEA Of SAID CAST OAK STACEY, AND CAPOSITION ITAtt?) Tam S00?t 00 DIGREIS 01 MINUTES 21 89CONDS EAI7, VI7E TBt EAST LIVE Of SAID MOORS TRACT, AND TIS PUT LIU Of SAID STItET, A DI8T.INCZ OF 240.00 FACT TO A SET 1/2 3NCI STEEL SWASS TUIINO f0A TEE SOUTHEAST COAXER Of SAID VOLUME 321, PROS 451, SAID TUBING ALSO BRIM 01 FBI SORTS LINt Of SAID EAST RICKORY ITAIXTR TOM BOUTS N DCGRIIS S0 MIHU?91 39 I9COBD1 WRIT, WITH THE SOUTO LINE Of SAID MOM TRACT, AND TIC MOATS LIM Of SAID SUEZ?, A DISTANCE Of 740.00 ft" TO THE POINT Of Bt0I1BING AND CONTAINING 6.443 ACRES Of LAFD. MORE OR LESS. rrppri I, 1 ~IV^!tlYRX,'~ i MAt^K ~Y i p UAIDIT 'A" AFOUTI ?PACT* acs ALL THAT CERTAIN ?P.~CT OR PARCEL OF LAND SITUATED IM TIE HIRAM SISCO SURVEY, ABSTRACT NUMBEA 1181. CITY OF DEN7'ON, COUNTY OF DENTON, STATE OF TEXAS: SAID TRACT BEING SHOWN BY DEEDS TO MORE BUSINESS FORMS, INC., AND RECORDED IN VOLUME 675, PAGE 170, VOLUME 711, PAGE 590 OF THE DEED RECORDS OF THE COUNTY OF DENTON, STATE Of TEXAS, AND BEING MORS FULLY DESCRIBED AS FOLLOWS; BEGINNING FOR TIE SOUTHWEST CORNER Of THE TRACT BEING DESCRIBED BEREIN AT A SET 1/4 IWCH STEEL SQUARE TUBING AT THE SOUTHWEST CORNEA OF SAID VOLUME 711, PA06 590 OF SAID DEED RECORDS, SAID TUSIPG BEINO THE NORTHWEST Of A TRACE BEING SIOWN BY DUD TO TRINITY IND., INC., DATED 03 AUGUST 1970, AND RSCOADED IN VOLUME 605, PAGE $18 OF i, SAID DEED RECOADSI THCIICC NORTH, WITH TIE WEST LINE OF SAID MDORI BUS. FORMS TRACT, A DII'AACE OF 300.00 FEET TO A SET RAILROAD SPIRE FOR THE NORTHWEST CORNEA Of SAID VOLUME 675, PAGE 170, i' SAID MU BEING ON THE SOUTH LINE OF EAST HICKORY STREET IAN ASPHALT SURFACED PUBLIC STREE?11 THENCE NORTH 89 DEGREES 58 MINUTES 39 SECONDS EAS?, WITH TIC I SOUTI LINE OF SAID EAST HICIONY STREET, AND TIC NORTH LINE Of SAID MOORE TRACT, A DIITAKCE OF 175.00 FEE? TO A SST RAILROAD SPIKE FOR TIE NORTIUST COANIN Of SAID VOLUME 675, PADS 170, OF SAID DEED RECON081 } C € "Am SOUTI, WITH THE EAST LIKE or SAID MMRS TRACT, A DISTANCE OF L58.00 FEET TO A SET RAILROAD SPIKE FOR TIC BOU?HEAST CORKER or SAID VOLUME 675, PAOE 1701 I Tilucs SOUTH 89 DEORSSI 58 HIM" 30 SECONDS WEST, WITI TIE SOUTI LINE Of SAID MOORS TRACT, A DISTANCE OF 45.00 FEE? s TO A SS? RAILROAD IPIKS FOR TIE N0171E0T CORKER OF MAID r VOLUME 711, PAGE 590 or SAID DUO RECORDS[ TOM SOUTH WITI TIE EAST LINE OF SAID MOONS TRACT, A DISTANCE or 141.94 FEE? TO A 3 INCA PIPE MCI CORNER POE? FOR ( THE SOOTISABT CORNER Of SAID MOORS TRACT) TUl= MOA?A 69 DEGREES 39 MINUTES 51 SECONDS WU?, WITH ?ME SOOT[ LIKE OF SAID MOORS TRACT, AND TIE NOATI LINE Or SAID TRINITY TRACT, A DISTANCC OF 150.00 FEET TO THS POFMP Of INWINA17M1 AND CONTAINING 1.175 ACRES Of LAND, MORS OR LESI. v i w r.; 3 r T MIT al, MI: CITY COUNC~ L 'H m 11'. k i i 12 TZ ~Q00 0 f or e~ 1 ~ a O~ ~0 C + r s O ~QaOn GGO~'0~o 131 116IFE l I M.: XXX I TM IMMMM: I y f ' RESOLUTION NO. _ A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF DECEMBER 4, 1990 TO DECEMBER 11, 1990; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the City of Denton scladuled for December 4, 1990 is hereby postponed to December 11, 19901 NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; ,g~',CTION I. That the regular Council meeting to be held on December 4, 1990 be postponed until December 31, 1990. PASSED AND APPROVED this the day of _ 1990. 4 7, BOB CASTLEBERRY, MAYOR I i ATTEST; JENNIFER WALTERS, CITY SECRETARY ` BY, / APPROVED AS TO LEGAL FORM; E DEBRA A. URAYOVITCH, CITY ATTORNEY BY: it I I i~ III R+~Y `I[[1 5 r it t CITY COUNCIL .Lim TMT: r TZ: O~~a Mro ~t y o ~ ~r s~0 Opp" GGO~~~o M ~I E 4 Ile- 11M ^1 ran,e. DATE: 11/06/90 r t+ CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council i FROM. Lloyd V. Hatrell, City Manager f` SUBJECT: CONSIDER AND ADOPT A RESOLUTION SUPPORTING JUDICIAL ACTION TO EFFECT A STATISTICAL CORRECTION OF THE 1990 CENSUS AND DECLARING AND EFFECTIVE DATE, RECOMMENDATION: u Staff recommends adoption. SUMMARY: Under section 141(c) of the United States Code the Secretary of Commerce must decide no later than July 15 of the year following the census whether or not the census will be adjusted to correct for any undercounting or overcounting, According to the same Code, the Secretary of commerce must release the detailed population counts to the states no later than April 1, At a recent Executive Committee meeting, the United States Conference of Mayors agreed to support legislation calling for the Department of Commerce to statistically correct the 1990 census f before releasing the final figures, The Conference of Mayors is requesting cities nation-wide to adopt a resolution urging the Congress and the President to enact legislation mandating a E statistical correction of the 1990 census and also to send letters I to their respective congressional delegation apprising them of the issue, t BACKGROUND: ; { The 1990 preliminary census reported a total of 28,734 housing units i for Denton of which 30092 or 1D+7bt were vacant. The North Texas Council of Governments and MP/F Research in Dallas estimates the City's vacancy rate at about 51. In reviewing the preliminary figures, the Planning staff found that the census missed 175 in group quarters population and undercounted 2,860 persons living in occ,1pied units reported as vacant, The census reported a total population of 65+669, After the post census review, Planning staff estimated a total population of 69,284. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: r t ~ 1 i 11 I 1 ~~hV 4• x 1990 Census y i November 60 1990 n Page 2 FISCAL IMPACT: Respec ulply/ submitted: V_ a u / Prepared by: Lloyd V. Harrell City Manager Harry N, ersaudr AICP Senior Planner App v A! k nk Robbibffi AICP Executive Dire or Planning and Development i Attachments: 1. Letters from Mayor Bob Castleberry to senators Lloyd Bentsen, Phil Gramm and Congressman Dick Armey. : 2, A Resolution by the City Council of the City of Denton supporting judicial action to effect a statistical correction y j of the 1990 Census, and declaring an effective date. 7. HR 5741 Sawyer Census Bill { t { i f i I 279Bk I E i i I ; j 1 V Y ~1^f I y 1 CITY OF DENTON 21 5 EAST McWNEY STREET f • DWWK TExAS 76201 f r BOB CASTLEBERRY MAYOR Honorable Richard (Dick) Armeye District 26 Congress of the United States / House of Representatives 250 S. Stemmonse Suite 210 P. 0. Box 2730 Lewisville, TX 75067 Dick, r am writing to apprise you of a serious situation confronting not only the City of Denton but urban areas throughout the nationl namely the population undercount in the 1990 Census. Preliminary census figures received by the City of Denton point ou'. what many groups such as The United States Conference of Mayors have teen saying for some time that the 1990 Census will significantly undercount the population in urban areas. There is substantial bi-partisan support among the Mayors for correcting this inequity. Without such correction many cities, such as the City of Denton, will find it increasingly more difficult to cope with the growing social and financial problems facing them. Purthermore, the City will find it increasingly more difficult to cope with the added responsibilities which have been shifted from the federal government to local levels of government. I urge you to consider the attached resolution and to introduce legislation which will utilize the corrective statistical methodology developed by the census Bureau to ensure an accurate count of the population. The Census Bureau's statistics will be with us into the next century and time to growing short for action. As a Member of The United States Conference of Mayors, I am urging you to redress this problem. I look forward to hearing from you soon. Sincerely yours, Bob Castleberry Mayor L 1990 November 7 1 CITY OF DENTON 215 EAST V00NNEI' STREET ( DEM'OK TEXAS 76201 BOB GST[EBFRRY MAVOa I~ I / I Honorable Phil Gramm f / U. S. Senator f/ 370 Senate Russell Office Building Washington, D.C. 20515 Phil, I am writing to apprise you of a serious situation confronting not only the City of Denton but urban areas throughout the nation) namely the population undercount in the 1999 Census. Preliminary census figures received by the City of Denton point out what many groups such as The United States Conference of Mayors have been saying for some time that the 1990 Census will significantly undercount the population in urban areas. There is substantial bi-partisan support among the Mayors for correcting this inequity. Without such correction many cities, such as the City of Denton, will find it increasingly more 1 difficult to cope with the growing social and financial problems facing them. Furthermore, the City will find it increasingly more difficult to cope with the added 1 responsibilities which have been shifted from the federal flf government to local levels of government. j I urge you to consider the attached resolution and to introduce legislation which will utilize the corrective statistical methodology developed by the Census Bureau to ensure an accurate count of the population. The Census Bureaus statistics will be with us into the next century and time is growing short for action. As a Member of The United States Conference of Mayors, I am urging you to redress this problem. I look forward to hearing from you soon. ~y Sincerely yours, ) Bob Castleberry mayor 1990 November 7 i A ~I i h v M7 1 Axx, { CITY OF DENTON 8 11S EAST S&KD XY STRM 14 DEMON TEXAS 76201 r BOB CASTIEBERRY MAYOR Honorable Lloyd Bentsen U. S. Senator f/ 703 Hart Senate Office Building Washington, D.C. 20510 Lloyd, I am writing to apprise you of a serious situation confronting not only the City of Denton but urban areas throughout the nations nanely the population undercount in the 1990 Census. Preliminary census figures received by the City of Denton point out what many groups such as The United States Conference of Mayors have been saying for some time that the 1990 Census will significantly undercount the population in urban areas. There is substantial hi-partisan support among the Mayors for correcting this inequity. Without Auch correction many cities, such as the City of Denton, will find it increasingly more difficult to cope with the growing social and financial problems facing them. Burthermorer the City will find it increasingly more difficult to cope with the added responsibilities which have been shifted from the federal government to local levels of government. I urge you to consider the attached resolution and to introduce legislation which will utilize the corrective statistical j methodology developed by the Census Bureau to ensure an i accurate count of the population. The Census Bureau's statistics will be with us into the next century and time is ~II growing short for action. 1 As a Member of The United States Conference of Mayors, I am urging you to redress this problems I look forward to hearing from you soon. Sincerely yours, /4 Bob Castleberry Mayor 1990 November 7 1 c ~Hn. M4osx~ i ~y AM 4~ i l J f I RESOLUTION NO. ` A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF D£NTON SUPPORTING JUDICIAL ACTION TO EFFECT A STATISTICAL CORRECTION OF THE 1990 CENSUS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 1990 Census will provide essential population statistics governing federal funding allocations and political representation for the next decade; and WHEREAS, the 1990 Census has been fraught with numerous f operational problems; and WHEREAS, the 1990 Census is projected to contain not only an undercount of minorities but of non--minorities as well; and WHEREAS, the preliminary census counts understated the population of the City of Denton, Texas, by an estimated six and one-half percent (6.51); and WHEREAS, the Census Bureau has developed a statistical M methodology for correcting the undercount but the Commerce Department has refused to use this corrective mechanism; and WHEREAS, federal disinvestment in key urban funding combined with federal restrictions on tax exemption have threatened and continue to threaten cities' abilities to cops with growing social and financial problems; and WHEREAS, the Constitution of the United States clesrly states that all persons must be counted; and l WHEREAS, the City of Denton, Texas believes that all persons count; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; G~CTION I. That the City Council of the City of Denton urges Congress and the President to enact legislation mandating a statis- tical correction of the 1990 Census. gZCJLQN II. That the City Council urges the President and the Secretary of Commerce to administratively agree to statistically correct the 1990 Census so as to reflect an accurate enumeration of the nation's population. SECTION III._ That barring legislative or administrative remedies, the City of Denton supports judicial action to effect a statistical correction of the 1990 Census. 4r n~1w I y}V f A' d 9 SECTION IV, That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1990. _ ,ZIP/ BOB CASTLEBSRRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: _ It APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCB, CITY ATTORNEY BY; j ceruwr~s i i it i PAGE 2 Y~ 1 SjkwyER CENSUS RILL gantien by Section Analysis i Introduced by Congressman Tom sawyer (D-ON), chairmen of the j subcommittee on census and Population, Committee on Post Office and Civil Service, on September 270 1990. zW3M" To amend title 13 United States Code, to ensure that the population counts derived from the decennial census are as accurate as possible before they are transmitted to the States, and for other purposes, I 1hm1&nat1on . Section 1 sets forth the short title of the bill, the 'lUacennial Census Accuracy Improvement Act of 1990". Section 2 sets forth the findings of Congress. Section 3 governs the release of decennial lensus data to the States. Under section 141(c) .nf title 13,• United States Cods, the Secretary of Commerce must release the detailed po ulation counts to the Statev no later than April 1 of the year fo?lowinq the census. Section 3 amends section 141(e) , by addftig a new paragraph (2), to provide that any population counts released by the Secretary under this subsection shall not be considered complete i until the Secretary has made a determination as to whether the census counts will be adjusted to correct for any undercounting or overcounting. The Secretary's decision must be made as early as ppossible, but in any event no later than July 1D of the year following the census (for the current census, July 16, 1991). This section would prevent the release of any official census population counts before the decision on adjustment is Bade. In accordance with the stipulation and Order (July IW) in the case of The City fif New York v. U.S. Department of ;gzM@GS (as Civ. 3474), the Secretary of Commerce must carry out an objective review, without any prejudgment, of the procedures necessary to measpre any unlarcount■ or overeounts in the census and "to adjust the census 63unts. The Stipulation provides that the secretary must decide as soon as practicable, but in any event no later than July 15, 19910 whether the census counts will be adjusted to correct undercounts and overcounts. f wx:~ I ~Z_,. h (2) also provides, under a nev (c) nd trana~nit Tha stow patagrap report a that the secretary may subparagraph population data 1:0 the Sta`uehb data he sbefore final the decision on adjustment, but any determination must be Identified as preliminary an". subject to adjustment. , section 3 also provides that the provisions of the bill will apply to the 1990 decennial and any decennial census thereafter. Section 4 amends section 1s3 of title 13, relating to use of data, to clarify that for any distribution most recent population ulation data collected in tho n of federal lands based on pop red as amended this IWO) 13 decennial census seonlont the dataOfthtitla,t e c nsida comptlo ete in accordance with used. legislation) mcy be section 5 contains a reporting requirement. it would ` require that the Secretary submit to the appropriate committees. of Congress .~a report advising the Congress ofhisiffinal to determination on whether an adjustment is nscss"ry an later when he than April expects i, maaK ke the final is not a by April. d 1991, no of e the lns nal determination on 1, an whether the census counts will be must be submi adjusted. the report f 91. 19 use of amendment relating to the 195 of samppling in Section taking any clarifying census, currently governed by 1 f title il, United States Coda. Tt makes ci th: populationefortthe % 1 I; ate lin techniques in dotera~ini ~~if inq all judicial may uses P q apportionment, thereby y purpose of holdings on this point. i E I I 71 ell i Y p x v CITY COUNCIL i t I 1 i 00 p ° k. t • 0 ~~Q OG4~ i CITY of DENTON, TEXAS MUN10PAL BUILDJNG / DENTON, TEXAS 76201 / TEL.EPHONE 017) 566.8200 I M E M O R A N D U M i~ i~ TO, Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: Novemoer 6, 1990 SUBJECT: FILMING OF THE MOVIE "MITTLEMANN'S HARDWARE" i The following information relates to the filming of the television i movie, "Mittlemann's Hardware,ll produced by Peter K. Duchow Enterprises, Inc. This project will be filming at several locations in the City of Denton including Evers Hardware Store, the I County Courthouse, City Hall, two homes on Lovell Street, and the location of the old Wye Motel on South Locust. This project I promises to bring significant positive impact on the local economy inoluding hotel/motel taxes, increased sales taxes, and credit to the City of Denton in the movie for location of the film. In order to provide the type of conditions necessary for taping, the production company has requested to close several streets to control traffic and noise in the filming areas. The City staff has worked with the Denton Convention and Visitors Bureau and the film i company to achieve a workable solution. 1 Enclosed is the following information: f ~II I o A resolution to temporarily close portions of t Egan Street, Lovell Street, Walnut Street, Eagle Drive, and Dalla3 Drive 0 Maps charting and outliniplacement truck r ute rranddevehicular detours o Petitions signed by property owners and businesses affected by the street closings k i r I F ,i r Transmittal memorandum page 2 I o A Letter of Agreement outlining the responsibilities of the production company regarding traffic control, repair and widening i of streets, insurance and indemnity requirements, and payment for City services o A partial list of businesses that have already { f baen positively impacted from the movie .iiming RESPECTFULLY SUBMITTED, Lloy . Harrell City Manager Prepared by: Betty c an Executive Director for Municipal Services and Economic Development f i I I J rip 4 f i 6enl ti C ' I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8171566-8200 M E M O R A N D U M DATE: November 6, 1990 ? TO! Mayor and City Council I FROM: Lloyd V. Harrell, City Manager SUBJECT: TEMPORARY CLOSING OF STREETS FOR FILMING OF THE MOVIE "MITTLEMANN'S HARDWARE" I r i urr0 ENDATION: That the City Council approve the Resolution Tenporarily Closing ~I the following streets: j 1. EAST BOUND EAGLE from Bell to South Locust DAL_.L&S DRIVE from Johnson Street to Eagle Drive November 16, 17, 19, 201 21, 24, 26, 270 281 I 29, 30, December 1 From 11:00 a.m. to 11:00 p.m. i (November 30 and December 1 are contingency { days in case of unforseen circumstances) 2. EGAN STREET, from Malone to Bryan LOVELL ST ET, from Congress to Egan November 10 and 12, 1990 From 9:00 a.m. to 10:00 p.m. i 3. WALNUT STREET, from S. Elm to S. Locust November 9, 1990 From 3:00 p.m. to 12:00 a.m. t ~ frJ1~3 r Sandy Plugge, representing Peter K. Duchow Enterprises, Inc., has j requested that the streets named above, be closed to through I traffic in order to film a movie entitled "Mittlemann's Hardware.'$ The filming will occur at Evers Hardware, two ?:ousel on Lovell j street, and at the location of the old Wye Motel on South Locust Street. The closings are necessary for traffic and noise control ` purposes. Local traffic will be allowed to pass through the streets as well as any emergency vehicles. I` 3 Street closures it page 2 Street closings at Egan and Lovell Streets are expected to cause minimal inconvenience since it is a residential area. Walnut Street is parallel to Hickory Street and all the buildings on the north side front on the Square. First State Bank's old motor bank covers the block on the south side of the street. The most travelled streets affected by the proposed closings are Dallas Drive and Eagle Drive. This is the second busiest intersection in the City with an estimated 30,000 vehicles every day. The film company is requesting this street to be closed for ten days, with two additional days to be used only if necessary because of poor weather or other unforseen circumstance. TRAFFIC PLAN An alternate route has been designed to reroute traffic affected by the Dallas Drive/Eagle Drive street closure. Six locations will have police officers to direct traffic through this detour during the twelve hour period. The maps attached indicate the detour and where signs and barricades will be placed by the film company. Automobiles traveling north on Dallas Drive will be diverted onto Johnson Street, then follow Wye Street, turn left on Cook Street to Robertson Street and back north on Bell Avenue. Southbound Bell i Avenue traffic will be narrowed to one lane and will turn left onto Eagle Drive. Only local traffic will be allowed to turn from Bell onto Robertson. This should make the southbound traffic of the detour very light. Motorists traveling south from Bell may turn north on S. Locust or continue south on Fort Worth Drive or Carroll Boulevard. Cars traveling east on Eagle Drive will be turned north on S. Locust. E Trucks wi.l use a truck route detour. Unless trucks are making a delivery on Dallas Drive before Eagle Drive, trucks traveling north on Dallas Drive will either turn at Teasley Lane to I-35E or at z willow Springs to Shady Oaks Drive. Trucks traveling south on Bell Avenue will be turned at E. Prairie. Truck detour signs will be located to direct this traffic. i PETITIONS The petitions attached reflect property owners directly affected by this request. Signatures have also been obtained from many businesses that may be indirectly affected by the Eagle/Dallas Drive street closure. k s wool ` I street closures page 3 The production company is making an effort to contact additional property owners prior to the City Council meeting and have promised to have these signatures at the meeting. The company will also be sending press releases with detour maps and shooting schedules to the media. Fliers will also be distributed to businesses and residents near the filming and detour areas. The City of Denton Police and Fire Departments have been contacted ` and concur h Drive/Eagle intersectionY vehicles will be able to use the Dallas Please advise if I can provide further information. I RESPECT LLYY/SUBMITTED, v Llo Harrell City Manager I a i i prepared by: I Batty c an Executiv Director for Municipal Services and Economic Development i 4 i{ 4 y f 1, I tVT'l~ I k}jRe P i RESOLUTION NO. A RESOLUTION AUTHORIZING THE CLOSING OF PORTIONS OF EGAN STREET, LOVELL STREET, EAGLE DRIVE, DALLAS DRIVE, AND WALNUT STi2EET AS PAOVIDED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. ~ ra3 WHEREAS, Peter K. Duchow Enterprises, Inc. has requested the ':emporary closing of certain public streets for the purpose of filming a n.ovie; and WHEREAS, Peter K. Duchow Enterprises, has assured the City that the property owners in this area have agreed to the temporary closing of these streets) NOW, THEREFORE, s THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: U(=ON I. That the portions of the following streets are authorized to be closed to vehicular traffic from the hours of 11:00 a.m. to 11:00 p.m. on November 16, 170 191 20, 211 24, 26, 270 280 29 and 30, and December 1, 1990: (a) That portion of the eastbound lane of Eagle Drive from its intersection with South Locust to its intersection with Hell Avenue; and I (b) That portion of Dallas Drive from its intersection with Johnson street to its intersection with Eagle Drive. SECTION II. That the portions of the following streets are authorized to be closed to vehicular traffic from the hours of 9:00 a.m. to 10:00 p.m. on November 10 and 12, 1990: (a) That portion of Egan Street from its intersection with Malone Street to its intersection with Bryan Street; (b) That portion of Lovell Street from its intersection with ` Congress Street to its intersection with Egan Street; and r SECTION III. That the portion of Walnut Street from its intersection with South Elm Street to its intersection with South Locust Street is authorized to be closed to vehicular traffic from the hours of 3:00 p.m. to 12:00 a.m. on November 9, 1990s SECTION IV. Th-it the appropriate City Departments are directed to work with the film company and its contractors in ` effectuating the closings herein authorized. I I I I or r PASSED AND APPROVED this the day of , 1990. BOB CASTLEBERRYo MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i j f BY., E APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY j BY : closi res E i i j i i i R W. 4 I R 5 ' REQUEST FOR STREET CLOSURE Organization requesting street closure ~ETEeZ K. ~)uejlc)w FNrF ?215- Contact Person: Address: `~y_~ET~/ 1C.I>i r_u~w Fr,TrPP21sr5+ 2~~~ ScLII'ruQC 7 riTZtl,rX Phone Number: 383- 10LSel Street To Be Closed: DALLAy DR• N FAGLE IFOJAN Date and Time To Be Closed: ~Jlovct+gf,e It 4jeje?o 4L., p- -.L,n-n i Iggo I'Pr,° Intersecting Streets f Reason For Closure: LM1NG of "MIDI fc N14 n,,' 5 PO ~e4 LVC1K I I i Please complete the bottom portion of this tots. ZIkL residents and/or businesses affected by the street closure MUST be I contacted and sign telow with an indi^ation of being in favor or in opposition to the street closure. } 1 NAME AVT ARIZED or BUSI St 1FAvOR/0PPOSE GENE'S PAINT PM UT Smi%worr, + • 1. r i 2 _ 3 T r So - I/ 6. `i c J 7. ' 9 c ?q ?4 N V 99 1()7 0 8 y'2 b/ e /4 /PU' ilk 9. 1/ i e J ,U 9 Z983C/S 1 v I i ' I I~ a REQUEST FOR STREET CG. ' b Organization requesting street c103uceA Y..~0[ (P+InLil Contact Person: r 1'*,aA Address: t=2 k • ~~iPIIC~iJ f'r~~=,2 P,tIScS t-20ella Phone Number: 3?33-'d'~i10 ' Street To Be Closed:-hAt1.A- lb2. @ C`--A ,c-c= ((:00 M - " Date and Time To Be Closed: K((rueoh 2 16,1e1go I--08eg falt`10 '(:00 NA Noy! l~ rs,l~,~v,a1,~~1(ac~1a~•~d ~ Intersecting Streets: I_ta`41S1- Reason Foc Closure: T=((,wnwt, C)P "Vj(rrLCt1AtjN05 11Aanwnarr'' Please complete the botto(a portion of this fora. AU residents j ~ and/or businesses affected by the street closure HOST be , contacted and sign below with an indication at being in favor f oc In opposition to the street closure. i NAN% AUTHORIZED 9F BUSINESS SIGNATURE FAVOR/OPPOSE ' 1. G rnfO0f%fioYTS JaC .64a ZZ~ C~ 122 n-,.~ FAy0je 1 2 t~ Q •1 3. W ,6'e r l 6 . 1" C. • 5. 64 7.. j 4 e. 9 1 10. 2983C/5 4 1ki ?EQAST FOR STREF~'C CLOSURg organization requesting street closure 00-CO,. k-'!) IV OQU) Contact Pecson:5,AtJO2AaL461„r' Add re so:ya?{r1F2 k:~-OiW1-:rNi) r.-,,N -Az i5C-5.Xiq(p a,,e-jOrLI(Z 7t-.,llt~nf 7X Phone Number: 3'' 3- 2 qYb _ Street To Be Closed:_D©tiA5 b2. Q (AIr2t- .;car (l ~ o o e r-t - f Date and Time To Be Closed: ?\(r3%ijZ hrf? ] ~'I o- -7}rr'r-,1r3cK I,M 0 fr1 Intersecting Streets: Ltx4i4T Reason Foe Closure: S-:i_MIN16 r)P' "f"i1*,rL1-jjA"N'S )1ARZJnRG Please complete the bottom portion of this form, a[Lk residents and/or businesses affected by the street closure MUST be j contacted and sign below with an indication of being in favor cc in opposition to the street closure. s NAME A TH SIZED ° USINESS r~4R14~P.9~~ a l• 3 ~a a 4 L'( 4 . tRA~s~+ ss'a' j 5. ~ ODG , ~ I 7, L 8, j 9~ to. 2993C/5 C I'~ , Ir i s 4 F" PETITION Y organizations Peter Ke Duchow Enterprises 2046 Scripture Denton, Texas 762b1 contacts Sandy Plugge ` (214) 314-1611 (Pager) Streets affected: Dallas Drive Eagle Drive Dates and Times: November 16, 1990 through December 1, 1990 From 11100 a.m. to 11:00 p.m. Peter K. Duchow Enterprises; a film production company, has chosen the area just southwest of the Dallas Drive and Eagle Drive intersection as one location for filming the movie Mittleman's Hardware. They rce requesting that traffic be detoured around this intersection for the above dates and times so that they may film at this location without interference of traffic noise. We, the undersigned, understand that there w111 be some inconvenience due to the detouring of traffic. We believe, however, that the considerable economic impact to the community, tho prestige of Denton's affiliation with this project, and the doors this project could open for future film projects outweigh this inconvenience. is j NAME OF BUSINESS AUTHORIZED SIGNATURE R 2. / C ell 01 3 t IL, 0 I c-- L 1 5 ✓ Mme. ie~ ZC, Cie 6 ~6. - Y ' G~~9 O s U a tcL ~L 10 L= 4c a I PETITION 4.. i Organization: Peter K. Duchow Enterprises 2046 Scripture Denton, Texas 76201 Contact: Sandy Plugge 1 (914) 314-1611 (Pager) Streets affected: Dallas Drive y Fagle Drive 1 j Dates and Times: November 16, 1990 through December 1, 1990 From 11r0o a.m. to 11:00 P.M. I Peter K. Duchow Enterprises, a film production company, has chosen the aroa just Southwest of the Dallas Drive and Eagle Drive intersection as one location for filming the movie,14ittleman's Hardware. They are requesting that traffic be detoured around this intersect on or the above dated and times so that they may film at this location without interference of traffic noise. We, the undersigned, understand that there will be some inconvenience due to the detouring of traffic. We believe, however, that the considerable g economic impact to the community, the prestige of Denton's affiliation with this project, and the doors this project could open for future film projects outweigh this inconvenience. ~g NAME OF -BUSINESS - AUTHQRIZED SIGNATURE 1 + ~lo ter 'T hs~te eh. W1% 1. Z~ Nor," Tvn,~ f i CZ exra.eia r. _ --1 5 • ti' ~ S -C ~'e~V ~L ~ 1 Srr✓1cl~ T~ a ~67 i f ~r 'f i I ! f awl F DENTON CONVENTION & VISITORS BUREAU October 290 1990 MEMORANDUM ' TO: The Mayor and City Council i FROM: Jo Ann Ballantine I RE: Movie: "Mittelmann's Hardware" The Denton Convention & Visitors Bureau (CVB) through its membership with the Film Commission of North Texas, has George movie C. to u the tcity of aDento major vie television been project instrumental Scott and will air next spring on ABC. The production company, Garner-DuChow Productions, has M already made extensive plans to shoot this movie in Denton andn the place. Denton Through CVB location and pre-production luaf e are manager, , Sandra P9g r arrangements have been made to secure appropriate sites and all involved parties have been extremely f accommodating. ! One site will require street closures and special traffic routing for cars and trucks. This will require the use of barricades and police plus informing affected businesses of the arrangement. Within the past two working days, the Denton CVB and Ms. Plugge have met or contacted a number t of parties about the re-routing and the response has been ` very positive. 1 The following is a listing of businesses contacted and their response to the movie project's plan. Milton Hill, Fred Bursey and ~,-,Morrison Milling Company Carl Naylor. After a meeting and some discussion Morrison called to say that there was no problem and that I the re-routing would be fine for their trucks. There are several other businesses whose trucks use the r scales at Morrison. We contacted these businesses. Their $ t response: ITrinity industries Ron Dickens at the corpporat9 office Dal as After vis~itinj with therstateetinq with several i f E I I I I DENTON CHAMBER OF COMMERCE + 414 PARKWAY + P.O. DRAWER P ~ DENTON + TEXAS 7G202 Ile i k k fir, October 29, 1990 Page Two office, it was determined that an alternative route for their heavy trucks could be worked out. Ron Dickens said that Trinity Industries is satisfied with the plan. Local manager, Paul Cross, will sign the petition for Trinity. ( Acme Brick and to Manager, proceed. Sublett, said he was fine about this plan l.t Victor Equipment Co. President, Al Gulrich, said that there would be no problem for Victor because his drivers use those routes the petition on special occr.sions and that he would sign th Peterbilt Dale Hnmberger responded that this plan would not pose a problem for his company and that Peterbilt would only use Morrison's scales if theirs went out. Denton Brothers Trucking Norman Denton of Collinsville He said this did j problem gtoahisasfirm and that all he ^ not s sound Morris's needed was a map of the routes (they were mailed on i Friday). Norman also asked "if a truck makes it past the police barricade, do you think the driver could be in the movie?11). Bekins Moving Manager David Purifoy said this plan j sounded fine and to mail him a map for information. ✓ Pioneer Transfer 6 Atlas Moving J.H. Litherlad signed the petition and said he would have no problem with this arrangement. Other businesses in Denton have already been very accommodating about the movie's needs: crew employee/cust merglotst onfspecific days sparking in Ste Bank in November. First state Development corporation is allowing several i 1 large crew trucks to be parked in the old First State Sank 1 drive-through during specific days in November. i The Cit of Denton was able to take care of a utilities y request right away and did it in their best customer service style. Other businesses which are located on Dallas Drive were visited today by Denton CVB staff and dhthearhave signed the petition and risei► their approval. t i 1 I I,~ FN w. { r October 29, 1990 Page Three Home Professionals Lone Star Car Wash Painted Pelican Productions John Baines Company, CPA 'y) Pioneer Transfer of Denton North Texas Insurance I Denton Secretarial Tom Jones Insurance f A Texas Travel Americnn General Insurance Co. VITA-STAT, Inc. Library Services of North Texas The Electric Beach, Inc. i Airport Shuttle This movie project requires many special arrangements and there may be some inconveniences to a few people. However, considering the time and monies spent in this t town, it will be worth it. Movie pro acts can be very profitable to a community, The economy will most certainlybe impacted and the visibility of such a project is good for Denton. We hope the Mayor and City Council will look favorably upon the needs and requests of the production company. The Denton Convention 6 Visitors Bureau appreciates your { consideration and hopes you will give your support to this program. { 'I , ! 1 I I i i 3 i 1 j a ~J ~n4aw.M.n 40 AM X7 zn MAP Cl+~ 1Al L 7FL]~=f7 000 D r OO AA OOO ❑l`J OAR ® Y ~2S X00 MLL. AUON VISTA • OA, J ~ I d 1 J Y tot 31 ` 1 V R , ■ Ile- yftA.. .M'Htr!n~ Vft[i ~!wc Z L m LF V S . LOCUST rn WA k rim JOHNSON O bi Cool( O ago - ~R r r r- = EH CROSS M I I~ r-------~ All ADDOX 1 L i II~ I ~u.Ma ARfYt P' V-EL J L Z M 0 r" -1 mr -i r->n 0 x -i0M +-n > mm cmm o ~0 a. LOCUST x k 4 WAINWRIGHT y ° rr- o x N1 T 3 D n r 0 tun) 0 0 -n a r9 XXX ALE r ° m ° p r x D. z A r°,~ JOH~ON • rr n 0 ^ao o • R~~ n M co x COOK ~J z m m rmnof n z mm r c x • C I r m y---f1 , 0 LL w = EN ON -o SKINNER IV~m i m m CROSS IM MAQRQX 1JA'YinHiMkYJ `.~,'a!NM~~9fc. IN'IJKwG WIYJ Owl n.r l-~-J .u I L _~~LJ J • U e t t r 1 r[ mtru G c ~__Lq c bs o rat.t t t LL ~c a LED E Pi EJ ~ oc Y ~ 'ltrf 1 ~ ~ D-ICEc~Ec ,aQ=ooC7cC "A I'lil El NOE r MA: iim~j L__j 47 Sao oil i o C: MKIL T ~ cf ® I 1 h 0 t DE l1R IN .-emu All d o yl`a 4ry O J"r• \ . Mall M MIA" Ile- 14 - r•• i 1 f "WI7'1"1'LL,M2INN' S IIT.T21]WI1I2L•:" 2046 SCRIPTURE DE14TON, TEXAS 76201 (1117)303-0456 (817)383-0160 FAX NOVEMBER It 1990 MS. BETTY MCKEEN CITY OF DENTON ECONOMIC DEVELOPMENT 215 E. MCKINNEY DENTON, TEXAS 76201 DEAR MS. MCKEEN: ENCLOSED PLEASE FIND THE SHOOTING SCHEDULE FOR FILMING AT OUR MIGRANT LABOR CAM? LOCATION. THESE ARE THE DAYS WE WOULD NEED THE DALLAS DRIVE/EAGLE INTERSECTION CLOSED! I E FRIDAY, NOVEMBER 16, 1990 SATURDAYr NOVEMBER 17, 1990 MONDAY, NOVEMBER 191 1990 i TUESDAY, NOVEMBER 20, 1990 i ` WEDNESDAYr NOVEMBER 21, 1990 SATURDAY, NOVEMBER 24r 1990 E MONDAY, NOVEMBER 261 1990 E TUESDAY, NOVEMBER 27, 1990 WEDNERDAY, NOVEMBER 28, 1990 THURSDAY, NOVEMBER 29, 1990 WE DO NOT ANTICIPATE FILMING ON FRIDAY, NOVEMBER 30l OR SATURDAY, ARE REQUESTING THESE DAYS IN CASE I DECEMBER It 1990, HOWEVER, WE OF AN UNFORSEEN PROBLEM WHICH MIGHT CAUSE US TO RESCHEDULE A DAY OR TWO. THANK YOU FOR YOU PATIENCE AND ASSISTANCE WITH THIS MATTER. I 1 YOURS TRULYr SANDRA PALACIOS PLUGGE LOCATION MANAGER i j I I 1 i 1 YH. J ~4►e 1" N\s•V a~ , V , ly R RECIIEST FOR STREET Cf i~ SURE ' organization requesting street closure P tpr K Durhow Enterprises f ` Contact Person: Sandy Plugge c/o Peter K Duchow Enterprises 1 Address: 2046 Scripture Denton, Texas 76201 Phone Number: 383-8456 Street To Be Closed: Lovell between Congress and E a Ii Egan Strae-between Bryan an anone , 1990 Date and Time To Be Closed: ovember 10 and 12 etween a,m, an n P.M. U1UU lntersectinq streets: Reason Foe Closure: Filming of "Mittlemand's Hardware" Pleas* complete the bottom portion of this tots. &k residents and/oc businesses affected by the street closure M= be contacted and sign belov with an indication of being in !avoc or in opposition to the etreet closure. / ~N g ~ ~llz ~i'iNA3~ I` gg AVOR/OpPOSE O Y ~N1 J O Y 1 • 2. /f0 9 41 o i 6. Loly 0 1 9 r ~2 Y _ lo. + Q l'' r CLL. 298344-~nW~ u^'~ (r`E ( 3 z ~ d 'I INN, i REQUEST FOR STREET CLOSURE Organization requesting street closure Contact Person: Address: Phone Number:_ Street To Be Closed: Date and Time To Be Closed: intersecting Streets: Reason Pot Closure: Please complete the bottom portion of this form. a4L cesidonts and/or businesses affected by the street closure IS= be contacted and sign bilow with an indication of being in favor or in opposition to the street closure. 1 N"M AUTHORI26D j 01F JUSINESS SIONATURIC TAVOR/OPPOSE ~ 1. 1~~5 ~CC\at'l ~~req t~a~ 2. 1 LO 2-10 EAC- .in 3. I lp l 4. S. i 6. 7. _ S. 9. 10. 2963C/S ~ ~(~r t ~ ~ -1 o Lor~l~1 il~z ~ t~13 W•~ I1 Co~~u~cz. C- C) JYS/'M~ ~J Atr r l 1 J -T 7- ~x--sir- ' ' F __'r-~ E -Mm . r W IL'! I•atwao '.v.a j =j i ~ Q 31 ~I I 1 .enJw'u II \ ~itJ'ao■ ~ ~~t i l I i '«r. re0 •CV:'l ~ f TAI ~il_.~ !i ~r.n .bvEpS,Tr -4.«•ST y ~-~1 11 t ..~7A1~IK L I ~J~a9 Ix- Wit ~ 109 IonI ~~v% rl :Rdi ll~~ SC YT fRjSGE47 'I~~,~''~ r`a j ~ ~ ICI 7r ~ ~:I Lfccvn^~~0 7/4 nt- T~ ~I 1 ~abG D«c °1~«I K rtrC e. ~KKanr©~1~~C'C I mill j ~ ~ I~ •C~'l:J~ EpGIE ~ U tU ~jL~V / -al j~~ .CC I C 7 F),~ ~ IF wM ml If I !t LE ~ i'~I Lam' , f n Ina v.. i JABOE z MALONC NORMAL Z ~LL J LB Y i co X n FRY i L;ILIL i i ur r~ i i A. - { REQUEST FOR STREET CLOSBAE organization requesting street closure Peter K. ruchow Enterprises Contact Person: Sandra Pluc7ge Address: c/o Peter K. Duchow Enterprises, 2046 Scripture, Denton, TX Phone Number: 383-8456 Street To Be Closed: Walnut Street _ s Date and Time To Be Closed: November 9, 19901 between 3:00 nm & 12:00 am Intefsecting Streets: South Locust and South Elm Reason For Closure: Filming of "t 3 m,nn!s Ha dw re" _ Please complete the botto• portion of this form. residents and/or businesses affected by the street closure MUST be contacted and sign below with an indication of being in favor oc in opposition to the street closvee. NAM AUTHORIZED or BUSINESS 3,I &URa rAVOR/OPPOSE a . L, ~4 ✓T `rt T 3 . q4A ✓OfZ 4 r 5c Li O l ` i 7, . l i U 9• t 10 I 290 C/S''""~LD~'eC ~vlnrL~( fYlc ~.v U~t~abaQ ~C. 11 I 1 0~. Awl 4 i 1 J i REQUEST FOR STREET CLOSURE Organization requesting street closure r If Contact Person: s L- c h Address: elt) P~~~r K. 1~Ltch~w ~r~r1SPS zoulvScu~~t,tL:TK IE Phone Number: Street To Be Closed: Ll,(7 x a(AJ ~J~xk Date and Time To Be Closed: Ock) 9, 620 P. Q Lk-Ween 30 R-A Intersecting Streets: Loc &t o-r~cA SczL4ij ~'-~/rn Reason For Closure: Pj Win CA "~M116mck- o S 110rC([La,;f 1 Please complete the bottom portion of this Coca.e residents and/or businesses affected by the street closure MUST be contacted and sign below with an indication of being in favor or in opposition to the street closure. i NAM AUTHORIZED OF BUSINESS SIGNATURE FAVOR/OPPOSE 2. r ` 3. a. 5. 6. i ~ 7.~ 9. 10. 2993C/S 7Y le C1 ~L) Cor.~czc4 uY~ IO 31 ar,'Ok ~~1~ 412 1 r No's HALL PAU UN CONGRESS -PARKWAY Q o z PEARS a J Y Q O ❑ P A z U N K N W a HICKORY LLc F I ERRY MULBE• FRRY MORE SYCAMORE Won E - J TROUD t e ~nnn T I ~ 77 :7 1 t' E f r AGREEMENT BETWEEN THE CITY OF DENTON AND PETER K. DUCHOW ENTERPRISES, INC. PROVIDING FOR SUPPORT SERVICES WHEREAS, Peter K. Duchow Enterprises, Inc. is planning to shoot a movie on location within the City of Denton, Texas, at various times from November 16 to December 1, 1990; and WHEREAS, in order to facilitate the filming, they have requested that the city temporarily close portions of several public streets; and WHEREAS, the parties wish to enter into this agreement to provide for the necessary traffic controls, street improvements, and other services to facilitate the filming; NOW, THEREFORE, The City of Denton (City), and Peter K. Duchow Enterprises (Duchow) agree as follows: h i 1. Traffic Control. Duchow will contract, at no cost to the City, with a company to provide barricades and signs to reroute and control vehicular traffic around the street intersection is being closed, A traffic control plan shall be submitted to and approved by the City's Traffic Engineering Department prior to the closing of any f streets. Duchow shall insure that the barricade company places all signs and barricades in accordance with the approved plan. Duchow shall also hire, at its own cost, a minimum of six police officers to control and direct vehicular traffic during the time the streets are closed. 2. Repair and widening of $treats. The City shall be responsible for repairing and widening the streets on which detoured traffic is to be routed. To secure the ' payment of costs for street improvements, Duchow shall, prior to the closing of any streets, deposit four thousand dollars ($4,000.00) with the City. The City shall keep itemized accounts of the costs incurred for street improvements during the time of the street closings. When the streets are permanently reopened, the 1 City shall deduct the costs from the amount deposited and return the excess funds, if any, to Duchow. 3. Fire support personnel. Duchow will pay the City $17.00 per hour to provide for a City fire inspector to be on location during the filming of a camp fire scene. 4. Insurance. Duchow shall maintain in effect at all times from November 16 to December 1, 1990, at its own expense, Comprehensive General Liability Insurance covering its operations within the City, for bodily injury and property damage in the minimum amount of $1,0000000.00 I~ t . r P I i combined single limits on a per occurrence basis. All policies shall be issued by a compan7 authorized to do business in the State of Texas, copies of which shall be provided to Lessor. 5. Indemnity. Duchow agrees to and shall indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the activities performed by Duchow within the City or under this agreement, whether such injuries, death, or damages, are caused by the City's sole negligence or the joint negligence of the City and any other party. 6. Term. This agreement shall terminate when the filming at the site is completed and the streets permanently reopened. E ~ CITY OF DENTON, TEXAS BY: LLOYD V. HARRELL, CITY MANAGER ( 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY : I PETER K. DUCHOW ENTERPRISES BY: ~ i PAGE 2 i F 't f i OAFE 7777, W11 0/30/90 } PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Harsh 6 McLennan, Incorporated EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 3303 Wilshire Boulevard Los Angeles CA 90010 COMPANIES AFFORDING COVERAGE (213) 736-7946 (Entertainment) COMPANv (213) 736-8545 (Casualty) LETTER A American Casualty Company (CNA) _ COMPANY 'NSURED LETTER 9 Transcontinental Insurance Com an (CNA) Peter K, Duchow Enterprises, Inc. COMPANY 2046 Scripture Road LETTER C Continental Casual Company (CNA) Danton TX 76201 COMPANY D LETTER C OV PANV LETTER E 41 THIS 19 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHEA DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CON01- TIONS Of SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LOSSES. L,a T',PE OF ipSy RA•.CE POL~CN NI,MBER CA'E VVEFE-I,j -CL(I PRAIA* Y. "dy,w :A,E VIA 1,r All LiVITS IN THOUSANDS GENERAL LIABILITY a;rpE:a'I S 2,000, %'EACiAL GE%ERAL LAB:L'TV 6200523516 07/31/90 07/31/91 1R:0 ; L'S vi Vr OR5.GG RE'Y'F $ 1 000 -115 7'j MaV,[S RE ASCU L L AC5 NO N. pA. $ 1 000 C~',EA 5 A:CN'R~t^Gn »c.E,...; EuR kC~RRfN[[ $ 1 000 _ ARE :<VAGE iA%Y CME I RN $ 1.000, MEGCAL f0EN5E *0 ONE PERSON) $ 10, AUTOMOBILE LIABILITY ANY AUTO 8000537068 07/31/90 07/31/91 C5L $ 1,000, ALL OWNED AUTOS SCHEDUlEO AutCS HER ~n[R AEASpNi $ HIRED AUTOS RR, NON OWNED AUTOS ACL044>1 $ GAAAGE LABILITY' *A DEDUCTIBLE OF $ 00 COMPREH SIVE AND "MAIN ' PHYSICAL DAHAGE* $500 COLLISION (C RPORATE V ICLES) 0"wA $ EXCESS LIABILITY LAS" a00At0"'A aaRRANCA C Umbrella 0100614536 07/31/90 07/31/91 $ 4,000, S 9,000, OTHER THAN UMSREILA FORM _ 9TAruTORv WORA[RS' AND IBC"uC«TI A"'D (California only) 07/31/90 07/31/91 $ 1,000, C W00599151 $ 1, 000 mi5EA5f POlkv ulAn EMPLOVERS'LIAMLITY (All Other States) Is 1,000, 0SESE EACH ENPLO+EE OTHER 300, Nonowned Auto PD A Entertaliment Package E000612464 01/01/HO 7/01/93 $5,000, Prop Dam Liability *DEDUCTIBLE OF $1, 00 ON $5,000, Misc Equipment NON-OWNED VEHICLE 1$5,000, Props. Sets Ward- Of SCAPTIONOFOPERATIONS ILOCATIONS /VEHICLESIRESTRICTIONSr SPECIAL ITEMS /Remarks/Additional Insureds robe Production; Mittelman's Hardware ti A A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES K CANCELLED KFORE THE EX PIRATE4 DATE THEREOF, THE ISSUING COMPANY WILL Vl4Xx city of Denton MAIL 9u DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLO[R NAMED TO THE % TX 76201 LEFT, sEM. Tf$ iE 4Afii7li+~lE3TF]f2CxFlfiidiExFYdCiSif 111EdNWfIK 215 Bas McKinney Denton, n FIF 1Fiii4tiKx AUTHORIZED REPRESENTATIVE Marsh d KcLennan, I corporated 61 F Y i 4 l s *'1-1I'1"1b I.'7'AMANN' 3 I•IAyo,)WAI21•:" 2046 SCRIPTURE DENTON, TEXAS 76201 (817)303-8456 (017)383-0160 FAX NOVEMBER 1, 1990 `M MS. BETTY MCKEEN CITY OF DENTON ECONOMIC DEVELOPMENT 215 E. MCKINNEY DENTON, TEXAS 76201 DEAR MS. MCKEEN: ENCLOSED PLEASE FIND A PARTIAL LIST IF SOME OF THE LOCAL MERCHANTS WE DO BUSINESS WITH: DENTON TROPHY HOUSE HOWDY DOODY FOX PHOTO - MALL CITY OF DENTON EVERS HARDWARE LONE STAR TEXACO STOP SHOP-SAVE SHERATON TARGET HOLIDAY INN PAYLESS DENTON COUNTY SALVAGE SHELL GAS JOE'S COPIES RICHIES ANTIQUES VOERTMAN'S MEMORIES MADE QUICK DENTON FLEA MARKET POINT CENTER HARDWARE MCNEIL'S K MART DENTON MINI MALL ECKERDS JOE NORMILE'S SERVICE STATION BUSINESS ESSENTIALS DENTON OLD-FASHIONED HAMBURGERS P.J.'S ELLINGTONS TRIANGLE BOLT LOCUST ST. GRILL CERTIFIED WELDING PEARL CAFE y FINE JUNK N.Y. SUBWAY DENTON CHRONICLE GRANDY'S KROGER MCDONALD'S WINN DIXIE GASSAUAY APOTHECARY SKAGGS FINA GAS BLACKEYED PEA WOLF NURSERY i CHEVRON ON THE CUFF EXXON INDEPENDENT HAMBURGER I TAM 3?rT,T, 1 i j ~ YOU S TRULY, Lc SANDRA PALACIOS PLUGGE LOCATION MANAGER -CURT i REQUEST FOR STREET CLOSURE 1 Organization requesting street Closure~~r tiC, ~UChou)_ ~n~er~Yi SC~S r r 3 1 Contact Person: SQrrt Y o- 1 u A CI ~ Address: 0 12pley- K. (JilD Ev~E?Y~prs5e5~20(n S_c~r 1 r 1 i)e n+on , Phone Number: (Xn Street To Be Closed: CxfI ) r. `c= C= Date and Time To Be Closed: --t, I, M0 11 Am- I 1 PM intecsectinq Streets: Reason For Closure:t~rv,ir~C~ ~h'I~~e 4►»anr~S ~ACC~WaYe Please complete the bottom portion of this form. NJ residents and/or businesses affected by the street closure KM be contacted and sign below with an indication of being in favor or in opposition to the street o~closure. A Ur ~A~}, krrawL ~o~tra~j a~a i~U'ltl~zeD~ ~rc~ 4 FAVOR/OPPOSE or BUSINESS SIGNATURE 1. qdq 2. Mean Le2r% AooTmr&Vnd 10 Da11hs br. . U ;tad A,mjj ~Mna" lprn0 m n n r.0 Krm. a 3. CI5 q 31) h n5on • x ~kLd -ha y' j { 4. gcD0 ~Uhnso~, w~.~Ltnr~ fdlx_~~~ r:~n llnno S. ill MillIr~u trial ~x ~,fpd,y~,$IMnhno hrt~ 6. 30 MA; rl CUOK ~AjtAit-o_A ,AcR I.v.nnnA h.M 7. $ 15 t U~K i k ri ~ ie r} kk „n; o A M rt- 6-YI kjm&-k 1 s. -loci Coals (0 40 >K ~I 9. to., (014- ooK 7T C a0K I acks-~ I i r1 PITM~ q ~ 1 i J r RE VEST FOR STREET CLOSURE n Organization requesting street closure Contact ``P//arson: `3A n,0,,2A'~~i,Gr r r Address:7o l7GrFfL ~4!S_fU r~iP,t15c5 (0 5C Rlnru2~, i~~,~ .M Phone Number: Street To Be Closed: ~Alr g~ ~n o t r ~ae Date and Time To Be Closed: ~n.r=riP~ o ir. inner 1.___ _ fl'ooaH- Intersecting Streets: L r -~Sr i Reason For Closure: _j-,~,vl,wy, r,r !1 trf Erfn,~~{'S }}Aar, ~a-. Please complete the bottom portion of this form. "L residents and/or businesses affected by the street closure ST be contacted and sign below with an or Inindication of being in favor opposition to the street C106Lre. NAKE AUTHORIZED OF BUSINESS SACNATURE vo PIO /4 2. Y 7.. r _ .20 h/~4Lh U d 9. 10. 2983C/5 II 1 y es►v;• arrri~ Rt( Ir r RFQUF T FOR STREFT CLOSURE Organization requesting stree` closure if-(L Y, ,Ip 14niJ C-b11t~Pl+rx.5 J Contact Pat9on: o1--,,zA =-&Lkr,r,,r Addraas: ~G~(~ k'.~IICf-Irv 1J t~nln k' t15C~ f ~ry~lo '~LIPrI<RG,y~=.~ta1d,7X Phone Number: ?i73 ;S -'a `IS'L. Street To Be Closad:'j)A1 I _g5 M o o s .~-r - Date W Time To Be Closed: ~(n~Frll'~ k I(o, 1~7r7i~ -~7.-r'r-, Ili%~ f Ig`!o WO" M Intersecting Streets: r-rxLt%7 Reason Pot Closuce:__~ II t%llrlf, nr- 1i f1jrrrLEr'IAtjN4'5 j-1.4QDtJ4RL= ' I Please complete the bottom portion of this form. ALL residents and/or businesses affected' by the street cloaure ST be contacted and sign below with an indication of being in favor or In opposition to the street closure. NAME AUTHORIZED OF BUSINESS SIONMURE FAVOR/OPPOSE 2. ' 3. .G ,C vz~ } 6. A17 -1,,e A , 9. ~L h N o EA L r (4, <00 M 10) G r /L to. 4?6 LOCK ,lo a_, 29e3C/s 1 f r 1'. I REQUEST FOR STREET CLOSURE Organization requesting street closure?~rEr2 1(. WNoLj ENTF-QPR.i5F,5 Contact Person:SA0t)V LLAG(j1=_ ~.,~lErreK.~~~~uo«s ~~s,~eP2~Sr=y ' Address: AUJ(f~S!Viyrt,l2E~3)Ft,1Tc*J rc -7tp201 Phone Numb*[: 3s,.-s- 14,50 i ' 1 Street To Be Closed:lova=LL jkt,S,eeu Cn i•Q=.55 Anon F5A►J/Q„S AM ,2t{wee Q~/Mf 4 rlAL001Z Date and Time To Be Closed:QpV. 10 4 12 - Mil kj:h ,rer, q.'CMAM.c 1p;00pri intersecting Streets: i Reason For Closure: Tr7,L-mih]te my Mtrrnci MANa1IS RAP-nu Agg " f j please complete the bottom portion of this fora. Uk residents ind/or businesses affected by the street closure NVST be contacted and sign below with an indication of being in favor or in opposition to the street closure. 3 NAMEAUTHORIZED Oh BUSINESS SIGNATURE FAVOR/OPPOSE 3. 4. 6. ~ 7. _ If ; E i 4. ~ I I 10. j ` 29S3C/5 I I re F•` 4 a p' x w r w r r r p r w re a r+ 0 r w r r r r r r r r < \ \ \ \ \ \ \ \ \ O \ O ~0 1 r r r w r o 0 0 o Dr to W f9 W w VI P W N O b 00 J Oti H \ 0 0 b= M V r n x n CA N O H ° N ~0 0 ° F- a o o v :00 a 0 O c O Sn° C H O e 8 0 M K A ID ID pi N M. W H N M A~ FgM' 'S7 fD r w v fD a 0 a fD M to tD N N d W F N N Vl O O rf ' M l*! O a K 0 p rt rt a o M n < m < % K1 a w\ h tr & u W. 0° < o m m y N m A Op fD fD n rA r w rC~ M tD Pi n a O H A r a i°+ R a 0 r+ m to i r+ o x° M r 0 A H r O E < fp 0 H 0 t+ H 0 to ` ° vM M K W L d E r. 0 n ib N' C-4 r tD h1 fD t- Do fD .N1 n lµ-• .M,. C6 W M 10 VJ L ct it E W O M O M M W N W K f~D W W 0 co rt 1 m" w K O N >a °n C M O M M • • v d t n N 3G y a r?M CA 0 r~►C eln+r brFn+ n d to 70 "Op ft oC 000 coo 0 oK o'< i ow Ph r. a pi h OID O O MC! n m:03 rr rr OA ~ 0 fD 5 ~ 1 pnn`rt►~ ° °i~w ~Noko 'oa~ ~tD 'pyq fD x N m 0 ° s 0 r L4 [9alt+ t0► rrf C 0° I W rl O pr) O ff op < Op < tn rr~~y 70i W rt OIL o 0 H 0 0 P o M ° A O Ib ~Yp f c m nd k, oV w o 9 w 0m 0 w O PV trop Or 'or►l7 '0rrOr r► ar ow ri to p 06 H M O • Z fD t m p 1y 0 M p • p M w p W 9 ID rr 0 M rt CJ rf %0 W rrr~9 H roIrl aW rope nm n ~n a • 0 MamfD Om 0 D H~ M 0 ~ HMV w h D9 0 o C+ rk MN o m Qm m 0 0 rf p r+ rf M O ° rrr N ~ 1-4 0 n a ° roe W ° ka Or. d K M 0 ko fops ri n iy ' R' p p BBp tD S ID 0 7 fD j 0 DALLAS DRIVE;/EAC3LE DRIVE E g r r S , LOCUST WA Ifillaml ToNNSON eF' o~J COOK ~ qv j KINNLfl . ~i CROSS J i I I 1 i STREET CLOSING PETITIONS i 1 ~ , ~YAe_ K1Hwt1~ A■]■ 1 i Il ~I t r ` r d N C l*7 r cn o H i l 1 I K 7 1 M n ll ` o o 0 ~ M H r m ro rt a s ~ to N I o ~ro N to 1 C a a w nIV Ile tH~ H N i ;I I M W n 0H P-j C DO O z OD p a w ry n ~ m o, V m ro x m ~ n o f o o, d 0 M WWA O z c o ~ N C ~ co m n o H r y I ' M ~ n ~ w V n cto 0 W art W ~ rt as to N rf F ~O w C o~ f I h ' Q , 0 . M j ~ I, O p C n fD rr o 1 a Ile, -7 }i6FP ' REQUEST FOR STREET CLOSURE organization requesting street closure e_r 1,U(-LW ~n ('~ri Se < Contact Person.. SOLV) t OI uAQ~ Addcess:`70TP1•er k• ~~l~h~F~e.~-T~iSE'S~l~~{(a Scr;,~i.~t~e} e. hit)n , Phone Number: OR Tx ~ Strsot•To Be Closed :1) U1111 ~r. _ Date and Time To Be Closed: I Rut - I i Pn1 lr,tersecting Streets: Reason For Closure: t 0,,,nn o~ (rAA%,-Re-I ►-octnAs Arawar2" Please complete the bottom portion of this fors. kkk residents and/oc businesses affected by the street closure SM be contacted and sign below with an indication of beinq in favor or in opposition to the street closure. ~ WOL n25 ~-O A , izaD3 Q d~r~A~~UxLIl s 1 ~.o Pa p A { Or BUSINESS SIGN~TUB~, ~ rAV081OPOsE • 1. Qa~ ~OhnSo+-~ ~~~~d t~~ , m.ee-na. homa 2. Mean 6r en AU- O-Ln"kind IM 1 WIW Dr. ..4 'A;tld i.krJ . rnaQna ho me q S 50 n a~ r! x c a mn c~r~ h a, 4. SOhv.^a0r, e~tind i,xr ; nt~n k D S. g11 Mill°ITy,d4s+ri I .u~,~od #uk~g„~ tKO ft~ftL {lh 6, 30 M~111 Coo K lidire r~ LLYA ' ,m11.= htTej 7, g15 ri^1C citer~rrYiIlA n A-Ne kA!U j 1 e. 70°I CMIC, s 9. X10 rnK rr ~ OOK la. s9aac/s 7a2 C mK rr ~a w 1 J y.y. I ~IlYi la~ Y ~tV II ..r~ ~ ~ RE U ST FOR STREE CL05URF Organization requesting street closure n.~ r ('fix s 0 Contact Pecson:~~ Address: 7 2 to, nsr Phone Number: 3`s3 . lye, - TV( Street To Be Closed:-~) _ Date and Time To Be Closed:(„ Intersecting Streets: L , Reason Foc Closuce: 1=,r_«,r ,f. pt~trl Er i N,~ S ~Ar2 ~r ,e2 Please c0mPlete the bottom and/oc busineeses afCectadPo byio the this fm. orc losuaci residents contacted and sign below vith an indic street ation of beinT be j or in opposition to the street closure. 4 in favor f NAIVE OF BUSINESS AUTHORIZED l.~ra 11;~ z. 3~~- p m~ 1I e r f 4. 6. fL9 A M2 n 11 A i i A i A v •r 7. (a,L h~~tti ~ v 9. 10 ` 29e3C/S i I'r Mal I REQUL.T FOR STREET CLOSURE Organization requesting Street closure _POE(- ~C.1)(Ae I~~J -,pltiF (32r"x.5 Contact Person: SA roi~,2A ` L A61,F Address: yn I~CiF2 ~„rr-~rx.V F'n~r>,zPit5~5 FJry~lo Sr^r'~Prtl2t i~- ~TC,n1,j1C Phone Number: 3~3-b`~SL Street To Be Closed:O4LLA5 72 Cd U--A6i_r- r;r:o4AM- Date and Time To Be Closed: t~~ndFrlrSc(L llr, lA(rfi -7),-r r-eafir~ I Ir19U Woo Pr{ Intersecting Streets: f,rxirg-r Reason Pot Closure: f=ir ~,ii jr, op 'tjirrLEr1At4rJ'5 ~ AR'%)W4R - Please complete the bottom portion at this form. &Tlk residents and/or businesses affected by the street closure MUST be contacted and sign below with an indication of being in favor or in opposition to the street closure. } NAME AUTHORIZED ' of BUSINESS SIGNATURE FAVOR/QPPOJF 1 • t. iA G, .t uy d ~~a?-cry ^ _ ~ 1 2. x, M 1 3. c' . FRrr 4 6 ' 70 j 9. ~1QM1 ANO~E`Ab~k/. GKooM,vlo 1 r 2 10. lz~ C G~I~Lrr pry fi 4~ 2993C/S i i Ik m,,, j i t Li! ~n 1 ' r.:~ 1111 REQUEST FOR STREET CLOSURE S Organization requesting street closureaTeie V- )WHNJ Enlr►=QPR15t.S Contact Person:-S_1 ArO1= r ETCP K.7tAnuoW ti-rVepR LSES • Address:;Q{gb :&%Q1eru2E -ate, rc 7b2o1 Phone Number: 3g3- g4SCJ - Street TO ee Closed:Maye E „rru Co u r-:ss A,jb Eacka/C w~tJ he{weew r' R"i5 ~(M.! ~ FtA~Dl~rc Date and Time To B* Closed: iJnJ. 10 4 12,1440 1,~~.1r2vt (1~t a.~a tO:C1opM tntersectinq Streets: treason rot Closure: T aa. ,w., in H,rrr-i t At4ti'S {-L knw^P9 " i Please complete the bottom portion of this fora. MU residents and/or businesses affected by the street closure MUST be contacted and sign below with an indication of being in favor 1 or in opposition to the street closure. NAM AUTHOOMM OF HUSINSS:} 81C3171TU1RE - FAVOR/OPPOSE I 2. { 3. E 4. S. ~ 6. 7. - 9. 10. 2963C/S i STREET f.=I.C~SING} PETITIONS ' I I i 11 e i ;der faa ~wp~ r ELAI i z ~ o r -i Li L~L O-1r0cn °ncn raoo~o -~o~ °-I Xo i 11 so LOCUST x _ WA FlIGH-T 4 M o 80> x N_rv_~3 Dor I f av° eFCC 33m-jr) mo xxx 0 1m D m ° o r ON i ro JOH 0 V z r a a ~ RIAL 5°'yFS A 00 x COOK c00 z m m 1 MO* n t oz mm r- C x -4 m u _ • I r m y Cn -r Gl O A b 0 z'Uro I w EN A a ~N C) o + ;a SKINNEfL m m " ROSS IM uannnv a i4tvrar;y e 1~ 1 h.CVPi I ~r - _ - t /~////^^~``Z-sew t`t ~R 1 r i ice---, e~~;] ❑ L i way . . ~ r• leutne...J ~ 11 ~ ~ F Ell - a o ~JD® q❑Ol.~ ,aooflpC~C.~C C ~COTOOl ❑ll osooe I FF- r • lor o .fQ~bD ~ ' fl Y Il\ 91 ~ OE UP Q.cua_1 C o ,1 ~1\ Co-lo e l ~~J 1 7 i SIQ~NEL`~ LET'T'ER OF AC3REEMENT I I i - i i y s AAA ' , 1 t f AGREEMENT BETWEEN THE CITY OF DENTON AND PETER K. DUCHOW ENTERPRISES, INC. PROVIDING FOR SUPPORT SERVICES WHEREAS, Peter K. Duchow Enterprises, Inc. is planning to shoat a movie on location within the City of Denton, Texas, at various times from Yovamber 14 to December 1, 19901 and WHEREAS, in order to facilitate the filming, they have requested that the City temporarily close portions of several public streetst and WHEREAS, the parties wish to entor into this agreement to provide for the necessary traffic controls, street improvements, and other services to facilitate the filming; NOW, THEREFORE, The City of Denton (Cit y), and Peter K. Duchow Enterprises (Duchow) agree as followst j I 1. Traffic Control, Duchow will contract, at no cost to the City, with a company to provide barricades and signs to reroute and control vehicular traffic around the street j intersection is being closed, A traffic control plan shall be submitted to and approved by the City's Traffic Engineering Department prior to the closing of any streets. Duchow shall insure that the barricade company places all signs and barricades in accordance with the approved plan. Duchow shall also hire, at its own cost, I a minimum of six police officers to control and direct vehicular traffic during the time the streets are closed. 2. Repair and Widening of streets. The City shall be responsible foe repairing and widening the streets on which detoured traffic is to be routed. To secure the payment of costs for street improvements, Duchow shall, prior to the closing of any streets, deposit four thousand dollars ($4,000.00) with the City. The City shall keep itemized accounts of the costs incurred for street improvements during the time of the street closings, when the streets are permanently reopened, the i i City shall deduct the costs from the amount deposited and s return the excess funds, if any, to Duchow. 3. Fite Support Personnel. Duchow will pay the City $17.00 per hour to provide for a City fire inspector to be on location during the filming of a camp fire scene. I 4. insurance. Duchow shell maintain in effect at all times from November 16 to December 1, 1990, at its own expense, Comprehensive General Liability insurance covering its operations within the City, for bodily injury and property damage in the minimum amount of $1,000,000.00 I I r' ILFV r P combined single limits on a per occurrence basis. All policies shall be issued by a company authorized to do business in the State of Texas, copies of which shall be r provided to Lessor. 5. Indemnity. Duchow agrees to and shall indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, dam& so, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the activities performed by Duchow within the city or under this agreement, whether such injuries, 1J death, or damag*m, are caused by the City's sole negligence or the joint negligence of the City and any other party. 6. Term. This agreement shall terminate when the filming at the site is completed and the streets permanently reopened. CITY OF DENTON, TEXAS i E I BY: LLOYD V. HARRELL, CITY MANAGER AVEST 2 J JE14NIFER WALTERS, CITY SECRETARY 1 SYS i APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY I i BYS j PETER K. DUCHOW ENTERPRISES Bye / ' PAGE Z i I r v ~JtT~ ` I f I f F ; CITY COUNCIL 1 i IM: O~of ai i JJ) ~bpp: t ti ro i a IM: ry~yN 1 ` GO~~, ' ~x70QQ~G04~ I I ~I i 1 1 I W t' I. } RESOLUTION NO. A RESOLUTION NOMINATING A MEMBER iE• TO THE BOARD OF DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.OF THE WHEREAS, the term of office of StevG Purifoy, a member of the ~ Board of Managers of the Denco 9-1-1 District having expired; and WHEREAS, Article 1432e, Section 5, V.A.C.S. provides that two voting members of the Board of Managers of an Emergency Communfca- tion District shall be appointed jointly by all cities and towns lying wholly or partly with the district; and WHEREAS, the City of Den,:on, Texas wishes to nominate a member to said Board; NOW, THEREFORE, I , THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: E SECTION I. That the City of Denton, Texas hereby nominate John F. McGrane as a member to the Board of Managers oe the { Emergency Communication District of Denton County, i ffCTION II. That this resolution shall become effective f immediately upon its passage and approval. 1 PASSED AND PPPROVED this the day of November, 1990, j i 803 CASTLEBERRY, MAYOR 1 a ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: f APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: J f i r IMMIzz: r r ZTTIMI 12. 1:111: um CITY COUNCIL z ME: IMMI: E " • s~ Gdd r ~ 0 o t t OppO ~OOC GGO~ T MU: ,r r I. 1 ~ J 1 CITY OF DENTON 1 MEMORANDUM p DATE: November 1, 1990 TO: Mayo.7 and City Council t FROM: Lloyd V. 'slarrell, City Manager i SUBJECT: APPOINTMENT OF DEPUTY CITY SECRETARY 1 The City Manager hereby proposes and recommends that Catharine Tuck be appointment Deputy City Secretary to act in such capacity in the event of the absence of the City Secretary. Section 2.12., City Secretary, of the City Charter authorizes the City Manager to appoint a city secretary (and deputies) subject to approval of the City Council. j Sincer i Lloyd Harrell City Manager I I ! CMJN0098 I 1 yAl+" IGfiY 1 r~ 1 d 1 a ENI) i 0 F r y r , I i Ff E M r' L I i. V i i M