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06-02-1992
Agawa it Dnlo AGENDA CITY OF DENTON CITY COUNCIL June 2, 1992 Work Session of the City of Denton City Council on Tuesday, June 2, 1992 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular session, 4 5:15 p,m. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in Winterrowd, et al. B. Real Estate Lrnder 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. 1. Consider appointments to all City of Denton Boards and Commissions. 2. Receive a report and hold a discussion with the Beautification commission regarding current projects .including: A. "Welcome to Denton'' signs B. Name Change for the commission 31 Receive a report and hold a di:.c:ussion regarding a proposed ordinance which provides alternatives to the method of notifying property owners about grass and weed violations and review letters provided to citizens for notification. 4. Receive a report and hold a discussion on the Hall 1991 Citizen Survey conducted and prepared by the University of North Texas, Marketing Department Profession Gopala Ganesh. Regular Meeting of the City of Denton City Council on Tiesday,June 21 1992, at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p, m. 1. Pledge of Allegiance Agenda No. Agenda Ilom___~_ City of Denton City Council Agenda Date June 2, 1992 Page 2 2. Considei approval of the minutes of the regular sess.ons of May 5, 1992 and may 19, 1992. 3A. Receive a report from Derrell nulls regarding the Texas + Special Olympics, 3B. Citizen Reports 1. Receive a citizen report F o,n Mike Cochran regarding citizen input at City Council meetings. 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance providing for a change from Planned Development No. 6 to Single Family 19 (SF10) Zoning Designation for a 38,487 acre tract of land located on the east side of Dallas Drive, north of the exit of interstate Highway 35 and U.S. 77, also known as Township 11, Phase I. (The Planning and Zoning commission recommended approval, 6-0) 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to impler,nt each item in accordance with the Staff recommendations. Listed below are bids anO purchases orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinance (Agenda item 6.A), This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda, A. Bids and Purchase orders; 1. Bid #1359 - Transformers 2. Bid #1362 - Sewer Cleaner 3. Bid #1363 - Collection Service 4. Bid #1364 - water Treatment chemicals hgonda Idn, _9e~_Q_1 Z_..._. City of Denton City Council Agenda 1e June 2, 1992 Jy Page 3 6. Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1359, 4.A.2. - Bid #1362, 4.A.3. - Bid #1363, 4.A.4. - Bid #1364) B. Consider adoption of an ordinance approving a lease` agreement between the City of Denton and Cooke County College. C. Consider adoption of an ordinance amending sections 2-80 and 2-81 of the Code of Ordinances of the City of Denton by changing the name of the Beautification Advisory commission to they Keep Denton Beautiful Board; changing all references to the Commission to the Board; amending Section 2-81 of the Code of Ordinances of the City of Denton changing the name of the Enforcement and Beautification Division to the community Improvement Division; and providing for a repealing clause. (The Beautification Commission recommends approval.) D. Consider adoption of an ordinance amending Section '0-72 of the Code of `rdinances to provide for alternate methods of givi. ,.otice of grass and weed violations; providing that the city may correct repeated weed and grass violations in one growing season by mowing without further notice; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof. E. Consider adoption of an ordinance prohibiting the parking of vehicles on the south side of Texas Street, from its intersection with Crawford Street to a point fifty feet (501) west of Ruddell Street; providing a severability clause; and providing a penalty not to exceed two hundred dollars. F. Consider adoption of an ordinance approving agreements for judgement for pending litigation between the City of Denton and David Solis. G. Consider adoption of an ordinance vacating a portion of a public utility easement, Lot 2, Block 8, Suuthridge Addition. (The Planning and zoning Commission recommends approval.) C F Awda ilom_,____~ City of Denton City Council Agenda Dale June 2, 1992 Page 4 H. Consider ae)ption of an ordinance executing an agreement with the North Texas Umpire Association to provide umpire and scorekeeper services for the City's softball leagues for 1992. 7. Resolutions A. Consider approval of a resolution temporarily closing the Interstate 35-E frontage road from its intersection with Avenue E to its intersection with Bonnie Brae on July 4, 1992. a✓ B. Consider an appointment to the Regiona' Transportation Council. 9. Consider appointment of a North Central Texas Council of Governments voting representative. 10. Miscellaneous matters from the City Manager. 11. Official Action on Executive Session items: A. Legal Matters B. Real Estate C. Personnel. D. Board Appointments 12. New Business This item provides a section for Council Members to suggest items for future agendas. 13. Executive .Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec, 2(f), Art. 6252-17 V.A.T.S. C. Personnel/board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. c r. 4gentla Nn. ~,'.Q[~v_~. Agooda Ilem City of Denton City Council Agenda June 2, 1992 Page 5 E NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE, C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1992 at o'clock (a.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACC00090 i t t yy. T 'I {}1 r} 1 . CITY r `rat COUNCILS , ail It 1 i flt k 4 `ri E. r. 1 a. t ~I -777 i Gaaaooooovc~.~ ~ t~ . , iT4, o f o ~ 4c?4-f its i~ T~~ era ~ r c? ~ i J ff 1 41 ' ~t {I- .y F f j # ~ t ~u^ T \ t nC 'r ~ ' j1IJ F, Aorda Nn. Agenda !Icnr ~crgu /s~- 9 CITYCQUNCII. _U_EPOI(r__ FORMAT TO: Mayor anti Members of the City Council FROM: Lloyd V. Harrell, City Manager SIJBJECT: Beautification Commission name change ami the "Welcome to Denton" sign METOMMENNDAT1O,NS: AL the May meeting, the BeauLificaLion Commission recommended tbal. their name be changed to Me Keels Denton Beautiful Board. This would make (.lie name consistent with national and slate organizations, i.e. Keep Amc:ricrt Benutif'L1, The Commission recommends erecting it brick and concrete faced sign on Next University Drive as the first entrance sign, If funding is available a second sign of the same Lype is recommended on Dallas Drive. SUMMARY: The Commission tutanimousiy recommended a red brick sign wiLh "Welcome to Denton" imprinted in it concrete face. Tire recommended sign design is haaed on the `1'WU antrance sign oil Bell Ave. The size of Lhe sign would be approximlitely six feeL high and eight feet long with an overall square footage of forL,y--eight Square feet, The first sign would serve as it prototype for future signs and the size would vary depending on the other entrance locations. The Commission considered two sites on University Drive as the locaLion for the first sign. 'I'lle second or third median on Uuivevsit,., Drive easl,bound From 1-35 and the urea between (lie Service road and the Rayzor property where the 1-35 service road corurocts to University Drive were considered. Staff presented the sign design to represenLatives of Lhe Doliartment of TransporLitt. ion in April. Buz Elsom provided recommendaLi(ills on the location based on SLate guidelines. Since the sign is made of brick, Mr. Elsorn recommended Lhat the sign be local,ed to t.ho east of the I-35 service road at, US connection to UoivcrsiLy Drive and adjacent, to I:he Rayzor properly. The Commission recommended Lhis locul,ion afLer discussing Me following points: A sign placed ill the median would need Lo be smaller. Based etr Mr. FlauIll 's comments and -Late regulations t.lte sign would Iced Lo be four feeL from Lire cd.ge of Lhe curb oil each side. When University is widon Lo six lanes Lhe median will be reduced tc Lwelvc feeL. The width of the sign could he, no greater Lhau four feet. with a four fool, setback on ends s'rdc. * A sign to the median would br, suh,ject. to damage during he coaslrnct,iun of Lhe new Inner. The, sign and veLiclea, workitig on thr' ru+ul Could be duma>;ecl. e Signs in Lhe medians may be more likely Lo he hit i,y inolorists, tier have i Agenda No 91 Agenda Item-GJS~__ CC Format: Keep Denton Beautiful Page 2 experiencoci some problems with people driving across Lhe medians, The Department of Transportation is corlceruecl about, possible lfabiliLy Lo Lite state and the city if the brick sign was struck by a vehicle, * Wer,McClure,with Be DopartmeaL, fndicnted Chat the plans for widening this section of flrriversity Drive were Odic-duled for a public hearing during Lite summer of 1992, a * According Co the representaCives from the DeparLmenC of Trruisportation it the sign was located in the median it should be designed so Lhat it could be removed during construction, One example was Lo place }looks on Lite side so that iL could be lifted from its pad and moved Lo a storage wren during ccn;.trucLion, * The service road will be relocated Purt.llev I',o the west. This would provide a larger area in front of the "Welcome" sign after construction. The sign would be visible rrom I-35 and University Drive. TIACKGROUND: The Deautification Commission began reviewing designs and locaLions for ri "Welcome to Denton" sigri illdanuary, The Commission recommended the location and design aL Its May meeting, In February of 1992, the narue of the Enforcement and Beautification Division was administratively Changed Lo Lhe Community improvement Division, The Beautification Commission recommended Lite name change, Community Improvement provides a positive image for the Division and encompasses acLivit.ies of both Keep Denton Beautiful anti code eurorcemcnl.. The ordinance establishing the Commission in 1991 made ref,srence to the linforcement and Beruitifioat.ioir Division, raid the reviaion in Lhe ordinance reflects the change in the name to Community Improvement, PROGRAMSI _Q PARTMPXrS OR'.GROU'S_AFFE TFD: Keep Denton Beautiful, City Manager's Office, Parks anal Recroatioir DepartnrenL, Planning and Development: Department, anal Lhe 'texas DeparLmeuL of Trausport.al.lon -18- SL_ IMPACT: The cost, estlmate for sign ranges from $2,100 Lo $2,500, If it donal;ion for Lhe brick is received, the cost. should change, Approximately $2,610 formerly ailocat.ed to Hie U.S, Conferenec of Mayors and SlsLer Cities mernberi=hip is available to spend on Lhe sign. C r 11 kenda No. Ga Agondakiam~ alto CC Format, Keep llentoll Beautiful Page 3 Respectful v submitted: _ . 6zf r- Prepared by: Loyd 1'. Harrell !j City Managel, ~e Carson lCecil Community Improvement Coordinator Approved: d' Z '8 ava Assi ant to the City Manager ds 4• i Aponda No. Agendallcm_~(1S ~F2 fI3Lo DENTON BEAUTIFICATION ADVISORI' C0MM1551ON MINUTES G MAY 4, 1992 PRESENT: John Cooper, Dick Engle, J. B, Smallwood, MarLha Len Nelson, and Gertrude Gibson STAFF. Cecile Carson, Keep Denton Beautiful Coordinator, D. J. Branham, Clerk Typist III, and Jesus Nava, Assistant to the City :Manal;er, Nona Garner, horticulturist, Owen Yost, Planner 111. CONSIDER MAKING RECOMMENDATION REGARDING TILE DESIGN AND PLACEMENT OF A "WELCOME" SIGN Chair Cooper opened Life discussion by stating that the Executive Commit"A? of the Commission had instructed the staff to determine a design hawed on the TWU entrance sign on University, ife continued Chat it was a red brick sign with "Welcome to Denton" imprinted in it concrete fa:e, Ms. Carson presented slides of University Drive, She stated Chat the size of the sign would be approximately six feet high and eight feet long with all overall square footage of forty-eight square feet. She stated that the first sign would serve its a prototype for future signs and the size would vary depending on the other entrance locations, The Commission considered two sites oil University Drive as the location for the first sign. fhe second or third median on University Drive easLbound from 1-35 and the area between Clio service road and the Rayzor property where l.he I-36 service roads connects to University Drive were considered, Ms. Carson stated that she presented the sign design to representatives of the Department of Transportation last week. She continued that. Buz F.lsao provided recommendations bused oil stale guides ahouL the location, Since the sign is made of brick, Mr. E.Isom recommended that the sign be located Co the east of the 1-35 service and its cound,ction to University Drive and adincont to the Rayzor property, W. Carson informed the Commission Chat Mr. Elsom indicated that Life sign placed in the median would need to be smaller, Mr. Elsom skated Lhe sign would need to be Four feet from the edge of the curb on each side, When University is widen to six ldurvs the median will be reduced to twelve feet. The „kith of the sign could he no greater than four feet. wil.h a foam loot setback on each side. The Department of TranaporLaLiodt had also informed Ms. Cal-SOn Llutt- If sign if] the median might he subject to damage during Clio construction of the now lane", The sign and vehicles working at Lhe road could be damaged, Mr, Cooper asked it they expressed concern over motorists or break away sLnudards. .Ms Carman stated Chat signs in Life medians may be more Likely to be / hit by motorists. She co"Linwd have expcrreneed some problems with poopiv driving across the medians, The Department of Tram spor'Lation is concerned ghout possible liability Co the "Late and the city if tine brick sign was strwck by 11 vehicle, i Page 'L The Commission asked i+hen widening of University Dr, was Planned. Ms. Carson informed them that Wes McClure, wil;h Lhe Department, indicated that. Lhe plans for widening this section of lhtiversity Drive were scheduled for a public hearini during the summer of 1992, She continued that. she had been advised by the Department, of Transportatloll that, ii' the sign was located in the median it should he designed so Lhat it. could be removed during construction, One example was Lo place hooks on the side so that R it, could be lifted from its pact and moved to a storage area during construction. Mr. Engle slated that he Lhought the location oil the side would be effective. Ms, Carson advised Lhe Commission Chat, Lhe DeparLment, planned to move the service ons truc 'fill- would provided IL Ths sign would ilietvisarea iblett ti from1-35 ani "Welcometltsigno (lie. west. thiiversiLy Drive, Ms, Nelson asked about attaching a fence or sides to Lhe sign like at TWU, Mr. Post stated that the size might, be difficult to told something of that nature. A question was asked about service club aLtaching logos to the sign. Mr. Cooper stated that the Commission should not consider that at Lhis time. He stated that tit the ueeting Ill January the Commission clis~.ussed some alternatives Lhab they wish to consider in the future. Dick Engle made a motion and J, B. Smallwood soconded the motion Co approve the sign deigns and location on Highway 390 South by Rayzor, Motion carried, Ms. Carson stated that Ms. Morrinon had informed bit-, Cooper, Mr. Engle kind her thal, she liked the design, Ms, Nelson asked about landscaping and if it berm was possible. Mr. Yost and Ms, Garner indicated Lhat landscaping would be included, llr. Smallwood indicated that he liked Lhe iden of a berm and the tree shown in the drawing. Ms. Carson stated that tie would also be looking for some one to "adopt" the area. Mr. Cooper slated ChaL a landscape plan would be designed after approvnl by council of the location, o a{ ` v u G, ~ i r\ k WELCOME t i t I Y I' rpi. ,p~•, ,t t r, V Y Aconda No, 9fp? F Agondi ItDn} 1 L / I i4l?OV _ l / Ai. I I r li ..r _ :enpr~4 U Y `1 'h i rL~+DGERi i 9 11` _ ~ y \ j ~ la t Y i ansn a+~ f/ Pd YNE DR. 7~,\ I I JJ j ju iMp P0. I \ 41 toG4 vS~Mtl I ! j JBO 1 MWY, 360 ~ LL. F(71 aiM Ch96TAL ROAD SCRIPTURE - i ~ 1 ` \ 1 b ~ J,y \ \ 1l OAK \ v ~~rrrl 1 v, ALL00231\210,5h O D719 ORDINANCE NO, _ AN ORDINANCE AMENDING SECTIONS 2-80 AND 2-81 OF THE CODE OF OR- DINANCES OF THE CITY OF DENTON CHANGING THE NAME OF THE BEAUTI- FICATION ADVISORY COMMISSION TO THE KEEP DENTON BEAUTIFUL BOARD; CHANGING ALL REFERENCES TO THE COMMISSION TO THE BOARD; AMENDING SECTION 2-81 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON CHANGING THE NAME OF THE ENFORCEMENT AND BEAUTIFICATION DIVISION TO THE COMMUNITY IMPROVEMENT DIVISION; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SEFCTION I. That Chapter 2 of the Code of Ordinances of the City of Denton is hereby amended by amending Sections 2-60 and 2-81 which shall hereafter be and read as follows: Be** 2-80. Keep Denton Beautiful Board, That the Council hereby establishes the Keep Denton Beautifu.. Board, The Keep Denton Beautiful Board shall consist of eleven (11) members to be appointed by the City Council. The members shall be appointed to serve a term of two (2) years, commencing July 1st of the year appointed, provided that six (6) members shall be appointed each odd-numbered year and five (5) members each even numbered year, The Council shall, when considering the members to the Board, appoint six (6) members to serve a two (2) year term and five (5) members to serve a term of one (1) year. The Board shall elect a chair from among its members, who shall serve for one (1) year or until he or her successor is elected. The Board shall serve without pay and shall adopt such rules as may be necessary for the regulation of its business and affairs. sea. 2-82. Duties and Functions. That the Board shall serve in an advisory capacity to the City council and shall be responsible for making recommendations to the city council, Planning and zoning commission, Public Utilities Board, Parks and Recreation Board and other appointed boards or commissions regarding issues and ordinances affecting the appe:;r- ance and the environment of the City and the entrances into the city. The Board may establish such committees as necessary to carry out the purpose of the Board, The Board shall serve as the Tree Board for the purposes of implementing the Tree City' USA Pro- gram by making recommendations with respect to the public tree-care policy for planting, maintenance and removal of public trees and implementation of a community forestry work plan, The Board may make recommendations to the City Council regarding the budget of the Community Improvement Division. 5 P{londa Na. 1 . llom Agenda Wlo 9~9 SECTION II. That all present members of the Beautification Advisory Commission shall continue to serve their present terms and in their same capacities as members of the Keep Denton Beautiful Bo-ird. SECTION III. All ordinances or parts of ordinances in force when the provisions of this ordinances become effective which are inconsistent or in conflict with the terms or provistons contained in this ordinance are hereby repealed to the exte... of any such conflict. SECTION IV. That this ordinance shall become effective imme- diately upon passage and approval. ' PASSED AND APPROVED this the day of , 1992. BOB CASTLEBERRYO MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCH, CITY ATTORNEY r A u BY: Page 2 v 'a i y =1f 41- E~ ~ ~ttr tCITY t COUNCILS x I t4 r } ti J-,. r }1t.: p6j00U1,; ppv f~$ r t: ~:}}}iifs .~t ,pn00 0 ~ p FDayi?-t j j t~ER •t r .kt~~ n~~tttlt~r t1~-,lrrr , t~~ f r 1 t It i1GLi~f;~ #r # T Til ~1- Eti3''~f#~rr3?{t. , 1./ Aponda No..~dpd Agaada DATE: June 2, 1992 CI'f1' COUNCIL REPORT FORMAT TO: Mayor and Hembers of the City Council FROM: Lloyd V. Harrell, City Manager SUBJEC'T': Ordinance allowing alternative methods of notificak.tion for grass and weed violations and revised letters nol'ifyirr"! owners of violations 0 RECOMMEN 1O LioNt: rho community Improvement. Division recommends approval of the ordinance. SUMMARY: The proposed ordinance would provide several alternatives in Lite notifL:ation process. Based on state law if the owner of a property does nol. have mail service, the City must give notice by another method. The current city ordinance requires that the notice be published in the newspaper at least twice within ten consecutive days. The proposed ordinance would authorize two other alternatives allowed by state law: posting Lite notice on or near the front door or posting the notice on a placard attached to a stake driven into the ground. The Lwo new alternatives would he more effective and less costly to the city. The notice posted on the property will be a visible reminder Lo owners Lhut they should keep their property maintained and at. Lit(, same Lime show that the city is wa rking to correct the violation. The proposed ordinance also provides for an annual notice to assist in dealing with repeat offenders. A new provision states, "That if, in one growing season (usually April to November), the property owner fails to correct a violation after notice is given, the City may enter the property throughout the growing season as necessary to correct future violations without fur LIIev notice..." This provision would provide staff with I,he ability to mow properties that routinely are in violation of city codes. When the city mows a properly, Lhe owner is charged for Lite mowing costs and au $BO adminisLrative fee is added. We also believe that Lhis provision will influence Lite owners of larger Lracts to hire contractors to maintain property on a schedule rather than waiting for a CiLy notice. The ordinance provides wording that must. be included In the notice so that the owner is aware of the need to keep Lite property maintained. Community Improvement has contacted several cities about the repent offender problem, lialt.om City nod Abilene have ordinances similar to the proposed document. The Abilene ordinance provides that after the first notice the city may mow the property on thirty day intervals and hill Lhe owner for Lhe abatement. Although Abilene CiLy officials stated that they had received some complaints from citizens, no one has challenged the city on its right, to mow Lite property and charge them for the mowing. The Code Enforcement, office in Abilene does not reinspect the properties unless it citizen complaint is reevivo,!, ur Wichita Falls, violators are notified Lhat the first notice is Lhe v,ily not,[(!( they will receive. Bill. King, Director of Code Enforcement, stated Lhui rc c v, Agenda Plo. ~~r1=Ql z~ -4 Agenda Lule CC FormatrNoLification U Grass and Weeds Poge 2 courtesy notice is sometimes sent or an officer may personalty contact the owner on a second offense, but a notice is not required. Pased on our conversations with members of the Code Enforcement Association of Texas, many cities are considering this type of ordinance or notification process for owners of properties that cure regularly in violation of grass and weeds regulations, ' The Code Enforcement Officers have identified approximately 100 owners who would be considered repeat offenders, If the ordinance is adopted these owners will be sent a letter outlining the notification provisions, The letter will state that if their property is in violation they will receive notification that, the property exceeds the twelve inch standard, We will also inform them that If the property is in violation a second time during the growing senyon, April to November, the city may mo+q the property and charge them for the niowing and an administrative fee without additional notice. lie plan to recommend t'aL they Consider hiring a contractor or designating an employee toinow the property every six to eight weeks, depending on the weather, to ensure U.,t Lhe grass does not exceed twelve inches, We estimate this would be four to five mows each year, The Code Enforcement Officers will be working with the repeat offenders to encourage them to maintain their property. IlACKG[tOUNU; Community Improvemenl. receives numerous complaints about maintenance of vacant, tracts or unocoupied tracts each year. One group of residents in the Northwood Subdivision appeared before tire City Council to complain about seven lots owned by Universal Management Corp, of Miami, Florida, Although the owner mows Lhe property they will not complete the work until the city sends them a notice, The Officer for thm area has repeatedly requested that the owner tschcdule mows every six to eight weeks, but the owner to this date has declined, We believe this ordinance would be to incentive for them and others to [)(,,gill scheduled mowing. Under current, ordinance, each time that to violation exists a notice must be sent to Lhe property owner and the owner is give-, ten days to correct the violation. If the notice is returned, the city must publish the information at least twice within ten consecutive clays in the city's sfficial newspaper. The alternatives provided will eliminate the need in most, cases to Publish the notice is Lhe newspaper and the $20 to $25 advertising costs. addition in cases where the city routinely malntcrins Lhe property, it will ~(ce Lhe time it, takes to get the properties mowed. 1'ROGRA~~IS,__I)RI'r113'i'bIHNT_5_Oft _[lIZUU,f?5,.~1[?[?EC'1'iU_ Community Improvement., City Contractor, trod repeat offenders FISCAL IMPAC'ft Asa result of the ordintuu;e, we anUcipale reducing the advertitaia,q dusts to Lhe city by $300 or more. a I ~ a~- y t~ Agenda No. Agenda Horn _ CC format:Notification Grass and Weecis Page 3 Qespectfu Ly submitted: Prepared by: Llo, d fiarreLl City Manager " Cecile Carson Community improvement Coordinator w` Approved: Jva t;o the City bianager ccgw C ` ffr e:2921 1A 1300.2.2 Agenda No. Agenda Item- IU5 -33 Dale ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENT00o TEXAS, AMENDING SECTION 20-72 OF THE CODE OF ORDINANCES TO PROVIDE FOR ALTERNATE METHODS OF GIV- ING NOTICE OF GRASS AND WEED VIOLATIONS; PROVIDING THAT THE CITY MAY CORRECT REPEATED WEED AND GRASS VIOLATIONS IN ONE GROWING SEA- SON BY MOWING WITHOUT FURTHER NOTICE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That paragraphs (a), (b), and (c) of section 20-72 of Chapter 20 of the code of ordinances are amended to read as follows: Sec. 20-72. Notice to owner of violations; abatement by city; collection of costs; appeals. (a) Notice of violation. If the owner of property fails or refuses to comply with section 20-71, the City shall give written notice to the property owner. The notice shall be delivered to the owner or mailed to the owner's post office address. If delivery in person is not possible or if the owner's address is unknown, notice shall be given by; (1) Publication in the city's official newspaper at least twice within 10 consecutive days; (2) Posting the notice on or near the front door of each building on the property to which the viola- tion relates) or (3) Posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. (b) Contents of notice. The notice of violation shall contain a statement: (1) Setting forth the requirements of section 20-71; (:I) That the owner has ten (10) days from the date of this notice to correct the violation; (3) That if the owner fails to correct the violation, the City will enter upon the property and mow or have it mowed; t r Agenda No. ;Z1/ 17 Agenda item 1?_)S Lute (4) That if the owner fails to pay the costs thereof, a lien shall be filed against the property to secure all costs and fees; and (5) That if, in one growing season, the property owner fails to correct a violation after notice ° is given, the City may enter the property throughout the growing season as necessary to correct future violations without further notice to the owner and may assess the costs thereof as provided herein. (e) city may correct violation. If, at the expiration of ten (10) days after notice is given, the owner fails to correct the violation, the City may enter upon the property and do tha work, or pay for the work to be done, as necessary to correct the violation, if, in one growing season, the property owner fails to correct a violation after notice is given, the City may enter the property throughout the growing season as necessary to correct future violations without further notice to the owner and may assess the costs thereof as provided herein. SECTION II. That paragraphs (c), (d), (e) of section 20-71, as set forth prior to this amendment, are respectively retitled as paragraphs (d), (e), and (f), to conform to this amendment. SECTION ITT. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the city Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION y. The provisions of this ordinance are separable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR ° PAGE 2 it _E Agenda No. Agenda Ilom-ZLI5 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., PAGE 3 C 7. llom__s Agenda Rlto CITY of DENTON, TEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 TELEPHONE (817) 566 8200 MEMORANDUM DATE: MAY 28, 1992 TO: MAYOR AND CITY COUNC.L MEMBERS FROM: CECILE CARSON, COMMUNITi IMPROVEMENT COORDINATOR RR: NOTIFICA'T'ION LETTERS The Corm rs mono emint cDiv s iotlaitionaeviWee have ereceived somet comments are sent, to proper y owne the language in tile revlewed1a11s1etters oandLhave g madeorevisiols~ respotsive to pregeni, these comments, latixP may hie`co>°ecteci, fYteuletter9 areldeaignedltorencourage The revised noLiceB ways n addition, ownesfor fire Code iEnforeementtOff 1 ers Ito help when tLhcl property ownerilelleoedgito hours contact the officer. We have discussed the revised letters with the City Attorney. I$ lieu e the possible muxinrom fine such a $500 of $2>000 per providing language .indicating (layuecessnry has been offense l c1cdtiltSomeLorclinnnccsoprovicle`thatespecificilanguagetlbe if , t. Ile violatioln,etillettime to included ill' Ilenot cl in the 51, examplesescriptgon ordinance that mT d notice that Lhe sign mttY be removed and Impounded if correct the violation, an s In general the only i,ime we remove sign is i 1 an immediate danger, f.e. blocking an iutergectiotl, action is not, Laken, ached to public property, we remove the sign at or acduhring campaign season if violatfona exist.. HowempOunclf we uLtempt to retul•u them to Lhe O4n11 i`at;ller Chan imp t approach to code We hope these rcvTa°stiotyorccomientswoultdsholptusniu~bcint more respansive enforcement. Any sugg' to Lhe needs of our commUnI ty. Cecile Carsot ~e t 1Awda No. --y~~ : Cpl Z o AQ911(1Q llBlii~~ll~ _~~~M.~ Lhia May 28, 1992 a f' SUBJECT: GRASS AND WEEDS AT 3" 4" Dear (merge): Tall grass and weeds are a nuisance to the community. They can aggravate allergies, hide rodents, and detract from the beauty of property. In order to promote the health, safety, and welfare of Denton, the City Council has set a standard of 12 Inches for the height of grass, weeds and other vegetation except agricultural crops, trees, shrubs, flowers, or other decorative or ornamental plants (Code of Ordinances, Section 20-71), When the standard is exceeded, the City requires you to mow and clean the property, If your property is two (2) or more acres, you must mow one hundred (100) feet from any public street or way and one hundred (100) feet from any adjacent property uAler different ownership on which a house or business is loca;.ed. An inspection of your property on (merge) reveals a violation of the 12 inch standard, We ask that you comply with the code by cutting or mowing your property, You have ten (10) days from the date of this ;mice to complete the work, After ten days, if you have not completed the mowing, we will send a contractor to mow the property and bill you for the cost of the job plus an $80 administrative fee (Section 12-38 and 12-39 of Ordinance 90-188). You will then have thirty days to pay the bill or risk having a privileged lien placed against the property for the unpaid amount. Please understand that this is a violation of the Municipal Code and that failure to take action can result in a complaint being filed against you in Municipal Court. We hope that you take the time to cut the grass and weeds and bring your property into compliance. Your cooperation is appreciated. If you feel that we have made an error, or if you are unable to abate the violation within f0 days, please call Code Officer 2" at (817) 566-8632 between the office hours of 8 a.m. and 9 a.m, or I p,m. and 2 p,m. Code officer 2" AAAOOiCi/grass r' i' 'e 7 i 'd Aootlda Na. Agenda Ih;m~S Oalo May 28, 1992 1" SUBJECT; GRASS AND WEEDS AT 3" 4" Dear (merge): Tall grass and weeds are a nuisance to the community. They can aggravate allergies, hide rodents, and detract from the beauty of property. In order to promote the health, safety, and welfare of Denton, the City Council has set a standard of 12 inches for the height of grass weeds and other vegetation except agricultural crops, trees, shrubs, flowers, or other decorative or ornamental plants (Code of Ordinances, Section 20-71). When the -tandard is exceeded, the City requires you to mow and clean the property. If yol;r property is two (2) or more acres, you must mow one hundred (100) feet from an. public street or way and one hundred (100) feet from any adjacent property and,., different ownership on which a house or business is located. An inspection of your property on (merfle) reveals a violation of the 12 inch standard, We ask that you comply with the code by cutting or mowing your property. You have ten (10) days from the date of this notice to complete th work. After yen days, if you have not completed the mc,•:ng, we will send a contractor to mow the property and bill you for the cost of 'Aie job plus an $80 administrative fee (Section 12-38 and 12-39 of Ordinance 90-1h8). You Will then have thirt> days to 1,ay the bill or risk having a privileged lien placed against the property for the unpaid amount. Please understand that this is a violation of the Municipal Code and that failure to take action can result in a complaint being filed against you in Municipal Court. We encourage you to keep the property mowed during the growing ser on, April to November, so that the grass does not exceed the twelve inch stande If during the remainder of the growing season, the property exceeds this sta,1rrd, the City may enter the property and correct the violation without further nonce. Costs associated with the abatement and the administrative fee would be assessed. We hope that you take tho time to cut the grass and weeds and bring yore roperty into compliance. Your cooperation is appreciated, If you feel that we have made an error, or if ycu are unable to abate the violation within 10 days, ,:lease call Code Officer 2 at (817) 566-8532 between the office hours of 8 a.m, and 9 a.m. or 1 p.m, and 2 p.m. Code Officer 2" AAA001C1/grass t ti r ~ v r' Agenda No. Agenda llem~'~_~_ A May 28, 1992 1- SUBJECT; GARBAGE AND TRASH AT 3- 4' Dear 1`; Garbage, trash, and rubbish scattered on property is a nuisance to the community, Accumulations of trash and debris often serve as breeding ground for rodents, Insects and reptiles. It may create a fire hazard for you and your neighbors. Old lumber, ,junk, car or machinery parts, scrap material, demolished or partly demolished structures, piles of stones, bricks or broken rocks on a premises bordering any public street are all considered a nuisance and should be cleaned up in order to protect the health, safety, and welfare of the City. The City Council has adopted regulations to insure that property in the city is clean (Code of Ordinances Section 20-3), An inspection of your property on reveals an accumulation of debris, we request that you please remove the debris from the property by either staring the material inside or placing it at the curb for collection by the Solid Waste Division. The correction should be made within tan (10) days of the date of this letter, Solid Waste will collect four large items or up to six cubic yards of trash on Wednesdays at no additional charge for residential solid waste customers, To arrange a special pick up please contact the Solid11aste Division at 817-566.8420 no later than 5 P.M. on Monday for a Wednesday collection. If you have not removed the debris in ten days from the date of this letter, we will remove the trash and send you a bill for the cost of the removal plus an eighty doIllr ($80.00) administrative fee (Ordinance 90-188). If this bill is not paid it may result in the placement of a privileged lien on the property, Please understand that this is a violation of the Municipal Code and that failure to take action can result in a complaint being filed against you in Municipal Court. Please take the time to remove the trash or other debris and bring your property into compliance, Your cooperation is appreciated, If you feel that we have made an error, or if you are unable to abate the violation within 10 days, please call Code Officer 2" at (817) 566-8532 between the office hours of 8 a.m, and 9 a.m. or i p.m. and 2 p.m. Code Officer 2" AAAOOICS/trash c~ r. t AaondA No. Agvda Duto _ May 28, 1992 SUBJECT: VEHICLE(S) AT Dear (nerge): a Inoperable vehicles create a nuisance in a neighborhood since they distract from the property's natural beauty. In addition they make good hiding plac,,is for rodents and other vermin and may attract children who find them interesting play spots. In order to maintain and protect the health, safety, and general welfare of the community, the City Council has established standards for the safe keo~ning of inoperable vehicles (City of Denton Code of Ordinances, Section 20-41), The vehicle is considered inoperative and junked if it: 1. Is inoperative; and 2. Does not have lawfully affixed to it either an unexpired license plate of a valid motor vehicle safety inspection certificate, is wrecked, dismantled, partially dismantled, or discarded; or 3. Remains inoperable for a continuous period of more than 45 days, An inspection on ( ) indicated that a vehicle meeting this definition is located at the address above. Section 20-48 of the Code of Ordinances states that the vehicle, or part thereof, must be completely enclosed within a building or screened from public view so it is not visible from the street or other public or private property. We ask that you either remove the car 'rom the property, place it behind a fenced area, move it inside a garage or ot'.r building, or cover the vehicle with a cover designed for the vehicle within in (10) days of this notice . If you feel that an error has been made please .,ntact Officer ( ) at 817-566-8532, A written appeal for a public hearing o determine if the vehicle meets the definition of a junked vehicle may be sled with the Code Enforcement Officer before the expiration of ten (10) days IF the date this notice, If you do not own the vehicle and wi to have it removed from the property, Officer O will be glad to assist y in arranging for the removal of the vehicle. Officer O is available durioffice hours from 8 to 9 A,M, and 1 to 2 P.M. if you have any questions concc ning'this matter.. Officer AAA0018E/,junk C r i Aganda No. AponUa Ilem_~(~,~ _V~ Dale 1A May 26, 1992 a 1" SUBJECT: SIGN AT 3" AND OTHER POSSIBLE LOCATIONS Dear 1": A sign may assist in advertising and/or promoting an activity or event. However, sometimes they may clutter the landscape or cause traffic hazards. City Council adopted regulations for signs to ensure they are used effectively and still enhance the beauty of the community. An inspection on ( ) found a sign at the location listed above placed in violation of Ordinance No. 91-048 and Section 33-211, of the Code of Ordinances. Specifically, the problem is a sign(s) on public property. Signs may not be located on a public street, sidewalk, alley, or right-of-way or attached to a street lamp, utility pole, hydrant, bridge, building, traffic or street sign. We ask that you please assist us in correcting the problem. If you recently had a garage sale and attached signs to utility poles, we request that you please remove them within five (5) days of this letter. If you have a lost pet, we request that you remove the signs within the specified time, and Animal control will assist you if you contact them at 383-7594. Please be aware that placing signs on public property is a violation of the ordinance and that further action may be taken if it is not corrected. If you feel you have received this notice in error or if you have questions, please contact Officer 2" at (817) 566-8532 during regular office hours from 8 to 9 A. M. and 1 to 2 P.M. Thank you for your assistance in this matter, 2" AAA001B3/signl C r. ii Agenda No.~- _ Agenda ilern_ 6 May 28, 199, 1" suBJECr: SIGN AT 3" d Dear 1-: Signs are essential to businesses in Denton. They advertise, attract customers, and provide direction. However, sometimes they clutter the landscape and detract from the city's appearance. The City Council adopted guidelines for signs that promote business uses and still enhance the aesthetic beauty of the community. A recent inspection on ( ) indicates that a sign at the location listed above was placed in violation of Chapter 33, Division 2, of the Code of ordinances because of the following problem: Abandoned sign which, for at least six (6) continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product, or activity; for which a legal owner cannot be found; or which pertains to a time, event, or purpose which no longer applies. Dilapidated or deteriorated sign where any portion of the finished material, surface, or message of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective or whose elements or the structural support or frame members are visibly bent, broken, dented, or torn, twisted, leaning, or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural support. We request that you please correct the problem by removing the abandoned sign and its supporting structure or repairing the dilapidated sign within five (5) business days of this notice. A permit will be necessary to repair the sign, Donna Baker in the Planning Department will assist you with the application and explain the requirements, She can be reached at 817-566-8350 during normal business hours. Please be aware that this is a violation of the Municipal Code and failure to take action may result in a complaint being filed against you in Municipal Court and/or the removal and impounding of the sign at your expense. If you feel you have received this notice in error or if you have questions, please contact Officer 2" at (817) 566-8532 during regular office hours from 8 to 9 A.M. and i to 2 P.M. Thank you in advance for your assistance. 2" \ AAA0025C/s1gn2 e r i, {'r u Aganda No. AOanda Ilem_~,~o~3 Onto -e.2 - May 28, 1992 1" SUBJECT: SIGN AT 3'SUBJECT Dear 1-: A Signs are essential to businesses in Denton, They advertise, attract customers, and provide direction, However, sometimes they clutter the landscape and detract from the city's appearance. The City Council adopted guidelines for signs that promote business uses and still enhance the aesthetic beauty of the community, A recent inspection on ( ) indicates that a sign at thr, location listed above was placed in violation of Chapter 33, Division 2, of the Code of Ordinances, A sign permit is required if a sign is erected, repaired, altered or constructed. A written permit is necessary for a/an: On-premise ground sign off-premise ground sign Roof sign Projecting 31gn wall sign over 15 feet in height we request that you please assist us in correcting the problem by returning the sign to its original size, height, and appearance, removing the sign or applying for a permit within five (5) business days of this notice. Donna Baker in the Planning Department will assist you with the application and explain its requirements. She can be reached at 817-566-8360 during normal business hours. Please be aware that this is a violation of the Municipal Code and failure to take action may result in a complaint being filed against you in Municipal Court and/or , the removal and impounding of the sign at your expense, If you feel you have received this notice in error or if you have questions, please contact Officer 2" at (817) 566-8632 during regular office hours from 8 to 9 A,M, and i to 2 P.M. Thank you in advance for your assistance. 2 N AAA00295/sI90 a' c, Agonda No. =QLX Agenda Hem__/11~. Data May 28, 1992 1" SUBJECT: STAKE SIGN AT 3" Dear 1": " Stake signs assist in advertising and promoting an activity or event. However, sometimes they clutter the landscape and create traffic hazards. City Council has adopted regulations for stake signs to ensure that stake signs are used r` effectively and still enhance the beauty of the community. A stake sign has a supporting structure that is designed or shaped, usually by making one and pointed, so as to be erected by pushing, pounding, hammering or forcing it into the ground by hand or hand held device so as to allow for quick and easy placement, removal or relocation. A sign erected by digging out soil to install the supporting structure or which has a supporting structure larger than two (2) inches by four (4) inches is not a stake sign. An inspection on ( ) found a stake sign at the location above placed in violation of Ordinance No. 91-048 and Section 33-211, of the Code of Ordinances. Specifically, the problem is: No stake sign shall be larger than thirty two (32) square feet in effective area. No stake sign shall be located within any public street median or within ten (10) feet of any curb line. Supporting structure larger two (2) inches by four (4) Inches. We ask that you please assist us in correcting the problem by reducing the size of the stake sign. moving it, altering the supporting structure to a 2" by 4" or smaller or applying for a ground sign permit with the Planning Department within five (5) business days of this notice. If you neeu to apply for a ground sign permit, Donna Baker in the Planning Department will assist you with the application and explain the requirements. She can be reached at 817-566-8350 during normal business hours. Please be aware that this is a violation of the Municipal Code and failure to take action may result in a complaint being filed against you in Municipal Court and/or the removal and impounding of the sign at your expense. If you feel you have received this notice in error or if you have questions, please contact Officer 2" at (817) 566-8632 during regular office hours from 8 to 9 A.M. and 1 to 2 P.M. Thank you in advance for your assistance. f 2" AAA00396/stake kanda No. Agenda llem_~1 - 3 alto ,r~__ May 23, 1992 t" SUBJECT; PORTABLE SIGN(S) LOCATED AT 3` Portable signs assist in advertising and promoting an activity or " event. ffowever, they may also clutter the landscape, distract, or cause hazards. City Council has adopted regulations prohibiting the placement of any portably signs within the City of Denton after February 21, 1989. The ordinance also prohibits a nonconforming ,r portable sign from being moved from the registered premise to another premise so as to be visible from any public street. An inspection on { I found that your portable sign at the location above is in violation of Chapter 33, Division 2, of the Code of Ordinances because it was; Placed after effective date of the ordinance February 21, 1989. Moved to another premise and is visible from a public street. We request that you please assist us in correcting the problem by either converting the sign to a stake sign with a supporting structure of 2" by 4" or smaller, removing the portable sign or applying for a ground sign permit with the Planning Department within five (5) business days of this notice. If you need to apply for a ground sign permit, Donna Baker in the Planning Department will assist you with the application and explain the requirements. She can be reached at 817-566-8360 during normal business hours. Please be aware that this is a violation of the Municipal Code and failure to take action may result in a complaint being filed against you in Municipal Court and/or the removal and impounding of the sign at your expense, If you feel you have received this notice in error or if you have questions, please contact Officer 2" at (817) 566-8532 during regular office hours from 8 to 9 A.M. and 1 to P.M. Thank you in advance for your assistance. 2" AAA0033F/signp { r :a TITY- 1-t t t}COUNCIL ji r k } f IJI ~E rt 0~ o f o p to 1) y L { o r- 11 l 13i1 , ,1 a{ 7# Ef'l;~fE-~~'d'~r +°•~I it O~ o O 114. It It 11 .1' • t-~ 4' j i.i :t.. 4 w f ,l i Avindo No. MEMORANDUM We Date: June 2, 1992 To: Mayor and City Council From: Lloyd V. Harrell, City Manager Subject: Fall 1991 Cttizen Survey Recommendation: That the City Council accept the Fall 1991 Citizen Survey prepared by Goran Folkesson, MBA Student and supervised by Dr. Gopala K. Ganesh, of the University of North Texas. Summary: Between 1979 and 1986, the City of Denton conducted eight citizen surveys to measure the general public's perception about city programs and servicos, The surveys were conducted by telephone. No additional surveys were conducted since then because of costs. The current survey was conducted in Fall 1991, after Dr. Ganesh offered to perform the statistical services free of charge. Instead of a telephone survey, Dr. Ganesh recommended a mail questionnaire. The questionnaire was developed and approved by the City Council in early fall. It was sent to a random sample of 21000 residents compiled from the utility customer database. The survey response rate was 51.55% for a total of 1031 responses. The questionnaire covered six general topics: (1) Denton as a place to live; (2) City services; (3) Public safety; (4) Future of economic development; (5) City administration; (6) Environment. The following data is a summary of the respondents perceptions. We present it for your information and use. Respe ullly, submitted by: U Prepared by: 4 +arre ll * ager es ava Assi~ ant to the City Manager At;:achment: 1991 Denton Citizen Survey Report i3 Agenda No. __2 oiZrw.. Agenda Item._$44 V.._ y~ Dalo CITY SERVICES a In general, city services received high ratings. Respondents were satisfied with most service levels and did not want them reduced to maintain the tax rate. Also, citizens that contacted City Hall were generally satisfied with the results and the majority found city emplo,;,ees to be helpful. However, it was a surprise to find that the favorable responses that individual. city services received did not translate into general citizen satisfaction when they were asked to rate city government: overall. Dr. Ganesh attributes the e general negative attitudes and perceptions that people have towards government as a possible bias in their response. We have concentrated on individual services to provide a more w~. accurate picture of how the respondents feel about the city. Each service area addressed in the questionnaire is presented along with all data indicating respondent satisfaction and dissatisfaction. Streets 51% feel the adequacy of roads was good or excellent 75% feel the physical condition of roads was fair to poor 12% feel. service should be maintained at current levels 39% feel service needed to be improved a little 49% feel it need to be improved a lot 91% oppose reducing services to maintain the tax rate 69% favor using municipal debt to improve streets and roads 618 favor developers paying for new streets and roads Traffic Signals 58% feel the adequacy of signals was good or excellent 71% feel the reliability of signals was good or excellent 48% feel service should be maintained at current levels 39% feel service needed to be improved a little 13% feel it need to be improved a lot 80% believe the city and not developers should pay for signals Police Services 46% had a member of their household use the service- 74% rank the quality of service as good or excellent 45% feel service should be maintained at current levels 40% feel service needed to be improved a little 15% feel it need to be improved a lot 96% oppose reducing services to maintain the tax rate 53% agree that Denton is a safe place to live 20% disagree that Denton is a safe place to live 24% feel safe walking alone at night 55% do not feel safe walking alone at night 57% agree that Denton has a big drug problem \ E; Agenda No. D/ Agenda Ilern__LU $ - W iUIU Memo to Mayor and City Council 7 Fall 1991 Citizen Survey June 2, 1992 Page 2. Police Services (continued) 128 disagree that Denton has a big drug problem 398 agree that for a small town Denton has too many murders 68 disagree that for a small town Denton has too many murders 488 agree that there are too many car theftn in Denton 88 disagree that there are too many car ;)efts in Denton a 658 agree that there are tDo many assaults/robberies in Denton 68 disagree that there are too many assaults/robberies in Denton Staff was also interested in getting information about the COPS program. We were specifically interested in knowing who knew about the program and whether it made folks feel safer than regular patrol, 278 report being aware of the COPS program in Denton 78 report participating in COPS 32% report feeling safer with the COPS program in place Parks and Recreation 728 had a member of their household use facilities or services 828 rank the quality of service as good or excellent 558 feel service should be maintained at current levels 368 feel service needed to be improved a little 98 feel it need to be improved a lot 528 oppose reducing services to maintain the tax rate 558 favor developers dedicating park land 558 oppose using municipal debt for park and recreation facilities Public Library 668 had a household member use the public library 848 rank the service as good or excellent 548 feel service should be maintained at current levels 348 feel it needed to be improved a little 128 feel it need to be improved a lot 738 oppose reducing services to maintain the tax rate Trash Pickup 858 rank the service as good or excellent 738 feel service should be maintained at current levels 228 feel it needs to be mprc,ved a little 58 feel it needs to J a lot 798 oppose reducing maiutdin the tax rate a'• c 7 Agenda No. Agenda 11em1,u Mauro to Mayor and City Council T Fall 1991 Citizen Survey June 2, 1992 Page 3. Fire Services 98 had a household member use fire services 958 rank it as good or excellent 748 feel service should be maintained at current levels a 228 feel it needs to be improved a little 48 feel It needs to be improved a lot 968 oppose reducing services to maintain the tax rate Utilities Billing 288 report contacting the city with a billing question 618 contacted Customer Service with their question 338 contacted the Utilities Department 388 report meter reading errors as the source of their question 298 report billing error as the source of their question 708 had their questions satisfactorily resolved Electrical Services 778 rank the services as good or excellent 658 feel service should be maintained at current levels 248 feel it needed to be improved a little 118 feel it need to be improved a lot 828 oppose, reducing services to maintain the tax (utility) rate Water & Sewer 768 rank the service as good or excellent 668 feel service should be maintained at current levels 21,38 feel It needed to be improved a little 98 feel it need to be improved a lot 858 oppose reducing services to maintain the tax (utility) rate Ambulance Services 118 had a household member use the service 938 rank it as good or excellent No question on service levels No question on service reductions to maintain the tax rate Plannina_& Development 378 rank planning and development services as good or excellent 668 favor reducing services to maintain the tax rate 26% feel that Denton is growing too fast: 568 feel that Denton is growing just right 188 feel that Denton is growing too slow 958 favor single--family housing development r Agonde Fla. Agondallonta!G+l$-_ w1o - 9z Memn to Mayor and City Council Fall 1991 Citizen Survey June 2, 1992 Page 4, Planning & Development {continued} 95~ favor restaurant development 92% favor retail store development 89% favor health care facilit.tes development 85% favor entertainment establishment development 83% favor industry and manufacturing development 838 f.-,or food supermarket development 61% believe developers should pay for new streets and roads 55% believe developers should dedicate park land ° 74% believe developers should install. fire sprinklers 78% believe developers should plant trees and shrubs 71% believe developers should pay for new utilities 67% believe the city should limit business signs r An interesting fact is the response to the city's growth rate. In 1985, a high growth period, over 50% of respondents felt that thinkhthesgroccurring too owth rate issjust right and 26% l think that period, o is too fast. Only 18% believe that growth is too slow. Planning and Development service ranking proved to be an anomaly. 37% ranked the service as good or excellent and 40% ranked it as fair. Dr Ganesh reports that the low ranking may be due to respondents being unfamiliar with planning and development activities. An attempt was made to use other survey data to provide an explanation for the service ratings. However, the survey data proved inconclusive, on one-hand, wo had respondents state a desire for high development standards (they want developers to pay for new streets and roads, dedicate park land, install fire ers, tsperinkl other handr,t wee had and shrus, thaty thfor ew ey r1 favored utilities) on use planning service reduction to maintain the tax rate. Consequently we are unable to determine if the marginal satisfaction is due to respondents thinking that Planning and Development is not doing enough or doing too much. Public Trans ortation 15% had a household member use the service 66% rank the service as good or excellent No questions on service levels No question on service reductions to maintain tax rate i c. i Apanda No, _ Agenda Ilem_~~y Memo to Mayor and City Council Fall 1991 Citizen Survey D June 2, 1992 Page 5. Animal control 228 had a household member use the .ervjce 668 rank the service as good or excellent No questions on service levels ' No question on service reductions to maintain tax rate Recycling Services 818 favor a curb-side recycling program 238 feel service should be maintained at current levels 298 feel it needed to be improved a little 478 feel it need to be improved a lot 638 accept garbage pickup once weekly to pay for curb-side recycle 708 would pay $1.00 to $1.50 per month for curb-side recycling 568 agree that as Individuals they recycle rc gularly 218 disagree that they recycle regularly 328 agree that Denton is doing a good job of encouraging recycling 428 disagree that Denton is doing a good job Cable Television Services 598 state they subscribe to cable television 538 state problems with picture reception 228 state problems with response to complaints 588 state they would not watch City Council meetings on cable TV Conmiunlty Improvement and Beautification 398 rate the cleanliness, housing quality and general appearance of Denton as good to excellent; 618 rated it as fair to poor 358 rate the overall condition of their neighborhood as good to excellent; 658 rated it as fair to poor Respondents were asked to choose three programs/activities that the city should undertake on a priority basis to make Denton more beautiful; 567 votes - Plant trees and shrubs 515 votes - Landscape street medians and islands 488 votes - Require landscaping and green space in )iew developments 738 oppose the use of city funds to buy existing portable signs 788 believe developers should plant trees and shrubs 678 believe the city should limit business signs 1 Y. Agenda Na. Agenda Itnm Ri 10 Memo to Mayor and City Council 7 Fall 1991 Citizen Survey June 2, 1992 Page 6. Citizen Contact with City Government 508 had a household member contact the city 398 contacted Utility services 238 contacted Police 698 were satisfied with the results of their contact 798 state that employees were helpful Economic Development 538 state that the City was not doing enough to attract economic development OTHER ISSUES OF INTEREST Quality of Life As indicated In the survey report, 768 of all respondents stated that the quality of life in Denton is good to excellent. 908 of the respondents lived in a city other than Denton. 408 of the respondents believe that Denton is better than the other city they lived in and 338 believe it is about the same. When asked to compare the quality of life in Denton from the time they moved here to the present, 378 :stated it improved, 42% said it stayed the same and 208 reported a decline. In general, respondents think that the cost of housing, apartments and utilities is more expensive than the other cities they lived in. 40.68 stated that housing was more expensive, 46% stated apartment rents were more expensive, and 478 stated that utilities were more expensive (even though 408 stated that utilities cost the same). Education When asked about education, 85% believe that the variety of available educational programs Is good or excellent. The majority rated Denton's public schools as good to excellent. a ti r. _ z ii t t~Et kt$ Vii, COUNCIL: E- , , T - { ooo ~oOo~~oo °aa o P o F ~ ~o`Tt ~ ~ O t G T. 1 4a,t,iiif OQVT r t CC,j>I # lt: „ , It , I { tI , is CITY OF DENTON CITY COUNCIL MINUTRAO MAY 5, 1992 r Q G The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None ° 1. The council convened into the Executive Session to discuss legal matters (considered action in claim of Mr. Winterrowd), real estate (held a discussion regarding a lease agreement between the City of Denton and Morrison Million Company and gave staff direction) and personnel/board appointments (considered an appointment to the Board of. Adjustment.). 2. The Council received a report and held a discussion regarding the Human Services committee preliminary recommendations for 1992- 93 budget. Dorothy Damico, Chair-Human Services Committee, stated that the Committee recommended approval of a human services budget allocation sufficient to fund preliminary recommendations for use of both Community Development Block Grant and general fund dollars to provide human services. The Human Services Committee also recommended that in the event the general fund human service budget amount was increased or decreased from the amount recommended that HSC be allowed to provide alternate recommendations within the approved budget figure. During April, the Human Services Committee held funding hearings in order to assess needs, program services and discussed funding amounts with requesting agencies. Committee members questioned agencies as to the perceived need, activities the agency would implement to meet the need, budgetary and personnel concerns. The following agencies were recommended for funding in the amounts indicated from the funding source deemed most appropriate by HSC. Comnuni_t~Dev~lopment Bloak_Grant Hope,.Inc. $16,000 MLK Kid Connection $13,626 Prenatal. Clinic $24,000 TWU Cares $21,374 General Func Community Food Center $ 2,800 SPAN $26,000 Friends of the Family $33,000 Fred Moore Child Care Cntr $28,000 City-county Day Nursery $20,000 .q Agenda No. / . ApendaltemS„Z 0110 1. ~~2?= City of Denton City Council Minutes v? 3 May 5, 1992 Page 2 RSVP $ 7,000 HOPE, Inc $ 5,000 Court Appointed Special Advocates $ 5,000 Literacy for America $ 3,000 a The agencies which received money from CDGB knew that those funds were available for this year but possibly would not be available for next year because if there were other community development projects which were more important, these projects would receive the funding next year. The new agencies which had applied for human services knew that their money was start up money and would be for a maximum of three years. Some agencies had received human services money for a number of years. Those were agencies which fore ocialn servc es. The needs chin the ild care facilities SPAN might yfiwas nd their funding different next year as therm had been some difference in the federal funding. The money for the Community Food center paid for the utility bills, HOPE, Inc. would be receiving money both from the tax fund and from CDGB. There were two new agencies proposed to receive funds, Court Appointed Special Advocates followed children through the court system when they were adopted or taken out of an abusive home. Literacy for America was the other new agency. All agencies would receive matching foderal dollars and all had volunteers to help serve the agency. Council Member Trent asked how the money would be used for the literacy program. Damico replied that the money would be used to purchase teaching materials to teach reading to adults. There were no paid positions in this program. Council Member Trent indicated that there were corporate programs in Denton which would possibly pay for the materials and suggested that that be looked into. 3. The Council received a report and held a discussion regaing the Community Development Block Grant Committee recommendationsdfor 1992-93 budget. Curtis Ramsey, Chair-Community Development Block Grant Committee, stated that the Committee held public hearings during the month of February. It also held hearings allowing City departments to provide information on requests for specific projects. The Committee was informed of the number and dollar amount of requests for funding by human service agencies, The human service information was provided in order to assist the Committee in determining what amount they would provide to the Committee for \ i M I r i bandd No..__-~a AOenda IIenL-1e. City of Denton City Council Minutes itila May 5, 1992 3 e~' 3 3 Page 3 human service agency funding. The following was the recommendation of the Committee regarding the funding requests; Alexander St. Drainage REQUESTS RECOMMENDATIONS q Carpenter Rd. Wastewater $102,800 $102,820 Carpenter Rd. Water Service $ 75,000 $ 0 Community Sidewalk Repair 4$11311,330 Demolition ,330 $105,300 Evers Park Pla $ 15,000 " yground $ 15,000 $ 15'000 621 Housing Rehab Program $250 $ 8,000 Human Services Setas).de ,000 $250,000 Administration Setaside 151 cap $ 75,000 20$ cap $139,000 The CDBG Committee recommended that the Evers Park Playground Equipment project be corn let= Administration funding. These undslw uld6normall residual 1990 for use in the Housing Rehabilitation Program. Funds reccommended y be for the Community Sidewalk Projeot would defray general fund or CIP expenditures for sidewalk repairs. Funds recommended for human services affected the recommerdation of the Human Oervices committee for use of general fund dollars for humans services. Some CDBG administrative funds were used to reimburse the salary expenses of selected employees who were paid from the and provided services to Community Development. The general Development staff were paid from the CDBG Administrative and Housing Rehabilitation accounts, Council Member Trent asked why no dollars were being allocated for the Carpenter Road project and $139,000 was being set aside for administrative costs. Ramsey replied that the administration setaside operated the program. The Carpenter Road project was an extremely large unidentified area of the problem in the city. For CDBG to get involved in the project might have meant a policsie in advance of the Council. Since the budget hearinggs,jetherenhaddbeen a clarification of the project and CDBG was now prepared to hold further recommendationratianlaSterhdate poThe Co mitteersawa he adas being very significant, problem as Mayor Pro Tom Hopkins asked if this was the property annexed at the request of the DISD. City Manager Harrell replied City had been that it was the rYes, He stated that the olic of the esponsibility of he property owners to extend water and sewer service to their property, Once 't was \ l NgondaNo. Allond.1Ilem__.~ [kilo City of Denton City Council Minutes 3 May 5, 1992 Page 4 extended and the City accepted those lines, it then became the responsibility of the City to maintain those lines, etc. The Public Utilities Board had considered this problem in the past and had recognized that there were areas in the City which had substandard sewer and water services. A small amount of money had o been set aside to help with the program. Mayor Pro Tem Hopkins stated that the property was annexed at the request of the DISD when they had decided where to build the new high school. There were a lot of problems in the area and policy `r decisions needed to be ma;e by Council. The Council convened into the Regular Passion at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander., Chew, Perry, Smith and Trent, ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Sessions of April 7, 1992 and April 21, 1992; the joint session of April 10, 1992 with the Denton Independent School District Board of Trustees, and the Special Call Session of April 29, 1992. Perry motioned, Smith seconded to approve the minutes as presented. On roll. vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Mayor presented the following proclamations: National Preservation Week Literacy Awareness Week Nursing Home Week 3. The Council held a public hearing and considered approval of a variance to the Subdivision Regulations for the Pilot Park Estates Subdivision. The variance would exempt the applicant from the requirement that cul-de-sacs be no more than 1000 feet in length. (The Planning and Zoning Commission recommended approval 5-0 at its April 22, 1992 meeting.) i r000da No. p0e+ida IIBnlar +t,2 City of Denton City Council Minutes c~l@ Page 55 1992 Frank Robbins, Executive Director for Planning, stated that there were three items associated with this proposal, In this case proposed cul-de-sac within the subdivision was a feet long, Pilot Park Estates was a the subdivision on the western shores proposed ew wlot ill esdenthe extraterritorial of Lake Lewisville, in the ~ determined that tjurisdiction. The Planning and Zoning Commission variance as set forth in applicant the Subdivision ands LandiDev Z pment regulations which included: (1) granting of the request would not violate any master plans as defined by the Subdivision Regulations - no violation was found, (2) the special or peculiar conditions upon which the request was based related to the topography, shape, or other unique physical features of the property which were not generally common to other properties developed and the owner had not taken anytact on which w uldorelate to the building of a cul-de-sac, and (3) the special or peculiar conditions upon which the request was based did net result from or. was not created by the owner or any prior owner's omission. The Planning and Zoning Commission, because of the unusually narrow shape of the property and the fact that the property was almost surrounded on three sides by Pilot Knoll Park, determined that it would not be reasonable to stLb out a street to adjacent or provide a second access from the of hem mentioned unusual cond tions was create; property, existing perimeter road, None previous owner, the owner or any The Mayor opened the public hearing, Tim Fleet, petitioner, stated that he would like to speak to the sidewalk variance and was also in support of this variance. No one spoke in opposition, The Mayor closed the public hearing. Trent motioned, Perry seconded to grant the requested variance, on rate" vote, Trent"nayentyAlexander. Mayen, Hopkins "aye", Smith Motion carried unanimously. I'aye~~' and Mayor Castleberry Itaye", B. The council held a public hearing and considered approval of a variance to the subdivision Regulations for the Pilot Park Estates Subdivision, The variance would exempt the applicant from the building of sidewalks along both sides of an interior street. (The Planning and Zoning Commission recommended approval 5-o at its April 22, 1992 meeting.) Frank Robbins, Executive Director for Planning, stated that since y r Agonda No. Agonda Ilnn~._~!Q~iSe City of Denton City Council Minutes 3 3 May 5, 1992 Page 6 the development was over 8000 feet from a City of Denton water line, it was exempt from perimeter street paving and sidewalks along the perimeter street. It was not exempt from the interior sidewalk requirement. The Planning and Zoning Commission determined that the criteria for a variance as set forth in the 4 Subdivision Regulations had been met, Because of the unusual physical condition of the property and the fact that it was almost surrounded on three sides by Lake Lewisville and Pilot Knoll Park and was heavily wooded, sidewalks would not be either well-used nor r ecologically reasonable. None of the unusual conditions were created by the owner or any previous owner. The Mayor opened the public hearing. Tom Fleet, petitioner, stated that he was requesting a variance of the sidewalk requirements. The site was very heavily wooded and many trees woW.d have to be removed to install the sidewalks. Approximately 800-1000 trees would have to be removed for the sidewalks. No one spoke in opposition. The Mayor closed the public hearing. Hopkins motioned, Smith seconded to grant the variance. on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor. Castleberry "aye". Motion carried unanimously. 4. Consent Agenda Perry motioned, Smith seconded to approve the Con.~ent Agenda as presented. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders; 1. Bid #1341 - Toxicity Testing 2. Bid #1352 - Type I Ambulance 3. PO #24225 - Generel Electric B. Plate and Replats 1. Considered the preliminary plat of Lot 1, Block A, of the Exposition Mills Addition. (The Planning and Zoning Commission recommended approval 6-0 at ~ its April 22, 1992 meeting.) r r0/ Aganria No. _ pp5 Agvr& {1FIa City of Denton City Council Minutes l/ May 5, 1992 Page 7 F ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4,A.1. - Bid #13410 4.A.2. - Bid #1352) A The following ordinance was considered: NO. 92-072 ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. on roll vote, Trent "aye", Alexander "aye", Hopkins "aye"', Smith Motion Chew "aye", Perry "aye", and Mayor Castleberry Ye carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.3, - PO#24225) The following ordinance was considered: NO. 92-073 ORDINANCE PROVIDING O FUNDS F EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVL BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye.", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving an interruptible natural gas sales and purchase agreement between the City of Denton and Mobil Natural Gas, Inc. for the purchase of spot market natural gas; and authorizing the expenditure of funds. , Agonda N0. ,.~..1 /f~,....- Auetidi Clio City of Denton City Council Minutes 3 3 May 5, 1992 Page 8 The following ordinance was considered: NO, 92-0'14 AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND MOBIL NATURAL GAS, INC, FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance, Mayor Castleberry noted that this item was not on the Consent Agenda and asked for a staff report. Perry withdrew his motion and Smith withdrew her second, Jim Harder, Director of Electric Utilities, stated that Items C, D, and E were related and would present background information on all three. The present gas purchasing contract with Lone Star Gas allowed the City to purchase gas from the parent company, Ensearch Corporation, through direct delivery at the Spencer Generating Plant or at the Lone Star pipeline, The proance allow the City to spot purchase gas on a monthlydbasisnwithsMobil,l Trinity or Tristar. Rids would be received on a monthly basis and the City would approve the lowest bid of the three companies or look back to Ensearch for the lowest price. Perry motioned, Smith seconded to adopt the ordinance, on roll Chew, parent "aye", ~Alesandex "aye", Hopkins "aye", Smith "aye", carried unanimously, aye ' and Mayor Castleberry "ayept, Motion D. The Council considered adoption of an ordinance approving an interruptible natural gas sales and purchase agreement between the city of Denton and Trinity Pipeline, Inc. for the purchase of spot market natural gas; and authorizing the expenditure of funds. The following ordinance was considered: NO. 92-075 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND TRINITY PIPELINE, INC. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. i Agenda Ilrim s _ City of Denton City Council Minutes y May 5, 1992 Page 9 Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye',, "aye", Perry "aye", and Mayor Castleberry '}aye". Motion carried unanimously, E. The Council considered adoption of an ordinance approving an interruptible natural gas sales and purchase agreement betwe=n the city of Denton and Tristar Gas Company for the purchase of spot o market natural gas; and authorizing the expenditure of funds. The following ordinance was considered: NO. 92-076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND TRISTAR GAS COMPANY FOR THE PURCHASE. OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPEN-)ITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt 'the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. F. The Council considered adoption of an ordinance renamirg Terlingua Street to Nicosia Street. (The Planning and Zoning Commission and Historic Landmark commission unanimously recommended approval.) Frank Robbins, Executive Director for Planning, staged that Dr. Perry had suggested that the street be renamed. Notice had been made to all abutting property owners and no objection had been made. No objections were heard at the public hearing held at the Historic Landmark commission meeting and the Planning and Zoning Commission meeting. The following ordinance was considered; NO. 92-077 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF TERLINGUA STREET TO NICOSIA STREET AND PROVIDING FOR AN EFFECTIVE DATE. w c, P Agenda No. Agr:wfa Ilel!m 5 _''"a~ _ Lila City of Denton City Council Minutes May 5, 1992 Page 10 Perry motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "nay", "Alexander "aye", Hopkins lletye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. G. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the city of Denton and Expositions Mills of Texas, Inc. to provide for the A construction of an oversized water main; and authorizing the expenditure of funds therefore. (The Public Utilities Board and Planning and Zoning commission recommended approval.) Bob Nelson, Executive Director for Utilities, stated that this was a contract between Exposition Mills and the City of Denton for an oversizing of approximately 1100 feet of the water line going to the Exposition Mills outlet Center. An eight inch line was needed with the City requiring a twelve inch .line. The cost to the City would be $14,850. The Public Utilities Board had reviewed the proposal and recommended approval. The following ordinance was considered: NO. 92-078 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND EXPOSITION MILLS OF TEXAS, INC. TO PROVIDE FOR THE CONSTRUCTION OF AN OVERSIZED WATER MAIN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council r.onsidered adoption of an ordinance approving a lease agreement between the City of Denton and Morrison Milling Company; and authorizing the expenditure of funds. Lloyd Harrell, City Manager, stated that there were substitute paces 8 and 8A for the contract 5,11.2. Bruce Hennington, Superintendent of Facilities Management, stated Morrison Milling company would lease approximately 48,000 square feet of the donated Moore building. This lease involved an unused portion of the building and would allow the City to make use of the vacant warehouse space within the Moore facility without a negative impact on the City's future space needs. Agnnda No. Agenda Ilem__ #a r_ i 111to _ City of Denton City Council Minutes 3 May 5, 199? Page 11 City Manager Harrell stated that one of the findings of the comprehensive space study was that the Moore space would not be needed for any City function for at least 10 years. The backup materials indicated that the cash flow to the City over the 10 year + period of time, depending on the amount of improvements needed to be made, would vary between over $700,000 a's a high to $550,000 as a low., That would help the city with the Law Enforcement Center and provide flexibility for remodeling of the current police facility, r Mayor Pro Tem Hopkins stated that everything possible had been done to protect the neighborhood and a truck route would be designated within the next few weeks. The City had always wanted, in the economic development packages, to help the local businesses. This would help the City and help Morrison Milling with space they needed. Council Member Perry stated that the lease would enable the City to better preserve the building and would be easier to maintain the building. The following ordinance was considered: NO. 92-079 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE, Trent motioned, Alexander seconded to adopt the ordinance, Debra Drayovitch, City Attorney, stated that Council Member Chew and she had worked on some additional wording and he was requesting a change to one section. Section 7.01, line nine should read "include, at a minimum,". Council held a discussion regarding the proposed changes. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I, The Council considered adoption of an ordinance approving a purchase and sale agreement between the City of Denton and the Federal Deposit Insurance Corporation for 200 a,:res of real property; and authorizing the expenditure of funds. Agenda No, 9p2 -'41,7 Agenda ltem allo __da A ~•2 r City of Denton City Council Minutes May 5, 1992 Page 12 Lloyd Harrell, City Manager, stated that this proposal would put under contract approximately 200 acres of land located in south Denton for the purpose of creating a City park. There was a major need in the community for park property in this part of the City. As the various neighborhood meetings were being conducted, it was the opinion of the residents that more park property was needed in that area. Through negotiations with the Federal Deposit Insurance o Corporation, the City had come to an agreement to offer $500,000 for the 200 acres. The City felt this was a tremendous buy. Appraisals of the property over the last five years varied the value from $710,000 to $2 million, The independent appraisal done by the city was $1 million. The contract gave the City 45 days to close on the property and during that time period, the City would be doing an environmental assessment of the property. There were two options to obtain the $500,000, one was the $2.7 million park bond issue, it had been previously estimated that $200,000 would be needed to acquire park property and part or all. of the $500,000 could come from that bond issue. The second option was $600,000 of interest income which was not specifically designated for park purposes but would be an eligible expenditure. A portion of the property would be developed with basic recreation needs for the neighborhood but most of the property would not be developed. The Planning and zoning commission, the '91 Committee and the Park and Recreation Board had recommended approval of the purchase. Dalton Gregory, Chair-Park and Recreation Board, congratulated the Council on the expected decision to approve the purchase of the property. He appreciated the efforts of the Council to purchase the property without raising tares. Mayor Pro Tnm Hopkins stated that many of the residents in that area had spoken to her in the last six weeks that they had a dream for additional park land in that area. She stated that the original vision to make this piece of property into a City park area was Lloyd Harrell's. She thanked the City Manager for pursuing this vision and bringing it to the Council, Council all stated that they appreciated the hard work and efforts of all involved in this project. Apeada Ilam~s Ib 10 City of Denton City Council Minutes May 5, 1992 1 Page 1.3 1 The following ordinance was considered: NO. 92-080 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DENTON AND THE FEDERAL DEPOSIT INSURANCE CORPORATION FOR 200 ACRES OF REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins I'aye", Smith "aye", Chew "aye", Perry "aye", and mayor Castleberry "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance authorizing the city Manager to execute an interlocal agreement with Texas Political Subdivisions Property/ Casualty Joint Self Insurance Fund for the purchase of certain insurance coverages; and authorizing the expenditure of funds therefore. Max Blackburn, Risk Manager, stated in 1987 when the city executed an interlocal agreement with Texas Political Subdivisions for workers compensation fund, there was no property causality fund. Recently a property causality fund had been established and in order for the City to be a member of that pool, an additional interlocal agreement needed to be approved. The following ordinance was considered: NO. 92-081 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TE%AS POLITICAL SUBDIVISIONS PROPERTY/CASUALTY JOINT SELF INSURANCE FUND FOR THE PURCHASE OF CERTAIN INSURANCE COVERAGES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Alexander motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith I'aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution approving the funding of water and sewer lines to serve property to be 91 A06nda No.. Agenda Ilom!J__'~`~ Wtito City of Denton City Council Minutes May 5, 1992 Page 14 developed by Exposition Mills of Texas, Inc., in accordance with the guidelines for funding and selecting development plan water and sewer lines. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that this was the development plan lines for the Exposition Mills outlet Center, This would extend the water lines and the sewer lines to the " Exposition Mills property. The total expenditure would be $199,500 with water being $183,600 for 4350 feet of 12 inch water line and sewer being $15,900 for 450 feet of eight inch sewer line. The following ordinance was considered: NO. R92-022 A RESOLUTION APPROVING THE FUNDING OF WATER AND SEWER LINES TO SERVE PROPERTY TO BE DFVELOPED BY EXPOSITION MILLS OF TEXAS, INC., IN ACCORDANCE WITH THE GUIDELINES FOR FUNDING AND SELECTION DEVELOPMENT PLAN WATER AND SEWER LINES; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. Council Member Trent asked about a neighborhood wall which was to be built prior to construction, Frank Robbins, Executive Director for Planning, stated that there was a condition in the planned development district for the entire 245 acres which indicated that before development occurred on property south of Westgate a wall had to be built. This property was north of Westgate and that requirement was not applicable to this development. on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered approval of the preliminary plat of Lots 1 and 19, Block 1, of the proposed Pilot Park Estates. The 22.7 acre tract was located on the western edge of Lake Lewisville, north of Orchid Hill Lane, in Denton's extraterritorial jurisdiction. (The Planning and Zoning Commission recommended approval, condition on the appr ,val of the two recommended variances at its April 22, 1992 meeting by a 5-0 vote.) Lloyd HQrrell, City Manager, stated that this was a routine item that normally would have been on the Consent Agenda. The two variances kept it off the Consent Agenda as they needed to be ~ I ~I N4ndj MO. A))errda I)9ftt.~JS spp R110 -Ak -6A- City of Denton City Council Minutes May 5, 1992 Page 15 approved before the plat could be approved. Hopkins motioned, Chew seconded to approve the plat. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered a motion to approve additional legal services from the law firm of Lloyd, Gosselink, Fowler, Belvins and Mathews, P, C., to review the City's final negotiated contract for water treatment and transmission service and raw water sales agreement with the Upper Trinity Regional Water District. Bob Nelson, Executive Director for Utilities, indicated that staff was in the final stages of the contract with the Upper a'rinity Regional Water District for selling surplus water from the Ray Roberts and Lake Lewisville projects plus some treatment services. The contracts required a final review to insure benefits to the City. Hopkins motioned, Chew seconded to approve the additional services. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry stated that just before the Work Session he had received a letter which he wanted to read to the Council. It was a request from John Trent for a manual recount of Place 6 election results held May 2, 1992. Debra Drayovitch, City Attorney, stated she had been in contact with Mr. Trent's attorney twice during the afternoon. The Mayor would be the Recount Supervisor and the petition had to be made to him. There were certain procedures to follow. The Recount Supervisor had 48 hours, with the assistance of the City Secretary and the City Attorney, to verify that the petition complied with all requirements of the Election Code. From that point, he would set a date and notify the other candidates. If the petition did not comply with the legal requirements of the Election Code, the Mayor would prepare and execute a notice to Mr. Trent of the defects in the petition. The Mayor, asked her whether or not the fact that a recount petition had been submitted prior to the Council's completion of the canvass would be a reason or affect the Council's canvass of the vote. Sec':ion 21.2.033 of the Election Code provided that the fact that a petition for a recount was submitted prior, to the canvass by the canvassing authority, the City Council, should not be grounds for delay of the canvass. Y. kafida No. Ayonda Itam_11 StL;W 2 _ City of Denton City Council Minutes 23 May 5, 1992 Page 16 Mayor Castleberry asked if the ruling also included a consensus of the Council to proceed. City Attorney Drayovitch stated that if the Mayor was asking whether to proceed with the oath of office, the State law did not address that specific question. Section 3.04 (c) of the City charter provided for the rules of the city Council in regards to the Oath of Office. That section stated the Oath of Office should , be taken as soon as possible after the election results were. declared. Mayor Castleberry stated that that meant that after the canvass, the Oath of Office could be given. Drayovitch replied yes if that was the Council's desire. There was no legal impediment to not proceed. Mayor Castleberry asked if that had to be in terms of a vote or a consensus. Drayovitch replied that the item on the agenda did not provide for a consideration of the item. However, if the Council chose not to proceed, a motion would probably be made and a vote taken as to whether that oath of office should be administered. 9. The Council cc,,isidered adoption of an ordinance canvassing the returns and declaring the results of the regular municipal election held in the City of Denton on May 2, 1992. Lloyd Harrell, City Manager, stated that the Council had before them the ordinance canvassing the election and another sheet executed by the chief election judge, R. B. Escue, noting the tabulations for the election. This morning the City Secretary and the legal staff were preparing the ordinance that officially would canvass the results of the election. The format of that particular ordinance specifically listed the votes by place and district for the various places both early voting and election day voting. During preparation of the ordinance, it became apparent to the City secretary and the legal staff, that in adding the votes for early voting and election day, there appeared to be approximately 292 votes that were reflected in the subdivided vote but were not reflected in the final merged results which were released to the press and made public on Saturday night. Because of that fact, Mrs. Walters visited with Mr. Hodges, County clerk, and it was determined that what appeared to happen was that although the subdivided totals were correct for early voting and election day voting, that when those two items were merged with the computer operation there was a clerical error made and the early votes for Agenda No, / - Agenda Item- 2 alto City of Denton City Council Minutes May 5, 1992 Page 17 District Three were not entered into that merged activity. The final results that were given out to the City after being run through the computer operation did not include those 292 votes. Mr. Hodges and Mrs. Walters worked on that this morning and the the Council. a tall, presented results votes totals to l the had results of merging the the merged 4 changed. Tim Hodges, County Clerk, presented the following information to Council: 4.0 "Mr. Mayor and Council Members, I am Tim Hodges, the County Clerk and Chief Elections Officer for the County. And to ubset teell you that I am happy to be here tonight but not happy under these circumstances. Quite frankly, this is a very humbling experience because our County works very hard at making sure that the integrity of elections is 100% sure. As an elected official, I know how it is on election night. lo sit and wait on results and results come down and perhaps you think you have won and then you start hearing a rttmor,'well., there is a problem'. I have been involved in elections here in Denton County for five years and I can tell you that elections is one of my highest priorities because { it is very touchy, to say the least. Since I first got a phone call, I have gone back and because of our system that we have, it contains a logging printer that logs every single thing that goes on once we start. And I can rebuild every entry, every stroke of the keys of the computer and put the pieces of the puzzle together to the point that of utter confidence. I have questioned thoroughly my staff. I was out of town of Saturday night. I apologize for that but I had a previous out-of-town commitment and could not be there. But at any rate, the staff, in which I have great confidence I might add, I have questioned them thoroughly and 1. believe I can tell you exactly what happened. The absentee votes were tabulated ir, their entirety, all four districts. At 7:32 p.m. a total was run. Here is a copy of that total. This total is correct. Following that point, they began working on election day totals. Coincidentally and for no particular reason, the first precinct that was started was District Three. And, here again, I was not in the room so I can't tell you why District Three. I am sure Jennifer just probably reached into the box and took out the first one she picked up. District Three was the first one that was handled. As soon as she ran that box, she realized that she had not changed the computer from absentee to election day. So she backed District Three out, changed the designation to election day precinct. They went forward and the totals were run. Now, at the end of the evening, it was discovered that the original of this absentee final. report that was correct was gone. Somebody had picked it up ani taken it outside and given it to the press or / 4oncla No. 7~~ Agenda Item-~__ r (xito City of Denton City Council Minutes / May 5, 1992 Page 18 whatever.. I don't know who got it 'or where it went but the original was gone, So another one was run and I think Jennifer can attest to that. Another one was run but the problem was that precinct three that they backed out wasn't put back in. So when it was run, that total did not reflect those totals. It is a human error and what can I tell you? We are human, Now, I will tell you o this. When Jennifer anu I talked today, I made two observations to her. First observation, there were too many people in the room, it was noisy, there were too many questions and it was very confusing for my staff who are used to working under very close conditions in the count room, as they should. Second observation, and it is unfortunate, but the totals went out without my tabulation supervisor reviewing the totals as is our standard procedure, And once again, it was just a situation where I know everyone is anxious to get the results out as quickly as possible and it happened. But they went out and nobody knew anything different until later somebody discovered the numbers did not add up. As I told you before, I have 100% confidence in the integrity of this count. I would not stand here as a resident of Denton County, as an elected official and probably most of all as a Chief Elections officer for this County and tell you that unless I honestly felt that way. Because if there is any question, it's going to ultimately come back on me and I understand that and I'm ready to stand here and take any question that you have. But I believe the totals are good. Once again, I do not like standing here under these circumstances. But I believe we have a clear picture of exactly of what happened on Saturday night." Jennifer Walters, City secretary, indicated that the "she" Mr. Hodges was referring to was his tabulator and not herself. Mayor Castleberry read the figures for the canvassing ordinance. The following ordinance was considered; NO. 92-082 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN Th.6 CITY OF ')ENTON ON MAY 2, 1992. Perry motioned, Smith seconded to adopt the ordinance. on roil votra, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote, 10. Oath of office administered to newly elected council Mei, ars. 4 t Agenda Itom_ City of Denton city council minutes 9 ` 3 3 May 5, 1992 Page 19 Mayor Castleberry asked for a vote by*the Council on whether the Oath of Office should be given to or, Brock in Place 6, lie asked if the recount should change the outcome of the election, then the Oath of Office for Place 6 could be rescinded. City Attorney Drayovitch replied that if the recount changed the results of the election, the Council would make another canvass and start from that point. Alexander motioned, Chew seconded to proceed with the oaths of Office. On roll vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. The Oath of office was taken by Bob Castleberry, Mayor; Jack Miller, Place 5 and Euline Brock, Place 6. 11. The Council elected a Mayor Pro Tempore. Smith mctione.d, Chew seconded to nominate Jane Hopkins for Mayor Pro Tempore. On roll vute, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. The Council considered a resolution of appreciation for Jim Alexander. The following resolution was considered: RA-005 A RESOLUTION OF APPRECIATION FOR JIM ALEXANDER Chew motioned, Brock seconded to approve the resolution. On roll voce, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. . 13. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The amnesty program on outstanding warrants was over. $12,221 was taken in during that period. The Policn Department began issuing warrants at 6;00 a.m. this morning. B. Staff was beginning the plannir, process for the Council. Planning Seminar. He asked for Council representatives to help in c, ..s z Agenda No Agerida Itom #a~ Wto City of Denton City Council Minutes o~D 33. May 5, 1992 Page 20 that process. Mayor Castleberry asked Council Members Smith and Perry to assist staff with that planning process. Mayor Castleberry presented Certificates of Election to Council Members Miller and Brock. 14. The following official action was taken on Executive Session items considered during the Work Session: A, Smith motioned, Perry seconded to appoint John Baines to the Board of Adjustment. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 15. New Business The following items of New Business were suggested by council Members for future agendas; A. Mayor Pro Tem Hopkins requested that the sign ordinance be reviewed for possible revisions. Shu also questioned the City's banner across Locust Street for "Drinking Water week" as it was her belief that the council had decided not to hang any more City banners. B. Mayor Castleberry asked thitt other provisions of the sign ordinance be reviewed such as face change provisions. 16, There was no Executive Session held during the Regular session, A member of the audience requested that the Mayor present a proclamation for Nursing Home Week. Mayor Castleberry read again that proclamation. With no further business, the meeting was adjourned at 9+05 p.m. DOB CASTLEBERRY, MAYOR CITY OF DFNTON, TEXAS JENNIFER WALTERS T CITY SECRETARY CITY OF DENTON, TEXAS AC000086 AgandJ NO.._._.1.~--s~G.••~ Apen~1J Ilum._~S CITY OF DENTON CITY COUNCIL MINUTES MAY 19, 1992 ` The council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Hembers Chew, Perry, and Miller. ABSENT: Council Members Smith and Brock. 1. The Council convened int.) the Executive Session to discuss legal matters, real estate, and personnel/board appointments n (considered appointments to the Board of Adjustment, Building Code Board, the Electrical Code Board, the Plumbing and Mechanical Code Board, and the Sign Board of Appeals). er 2. The council received a report and held a discussion on the 1985-86 bond issues and received a recommendation from the 191 Committee regarding the spending of interest money from the 1985 issue and gave staff direction. Rick Svehla, Deputy City Manager, presented an update on the various bond projects. He stated that there was approximately $300,000 of interest from the 1985 bond issue and approximately $300,000 of interest from the 1986 bond issue. The 1985 bond issue was strictly a street bond issue for streets and related drainage improvements. The 1986 bond issue had a number of different projectu such as highways, streets, parks, drainage, fire station, fire truck, animal control building, recreation centers, park land, library, etc. All of the improvements for the 1985 issue had been completed except for Locust Street from University south to Parkway and Elm Street from Mulberry south to Eagle. The Highway Department overlayed both of those streets right after the 1985 issue was passed. The 1986 bond issue had the majority of its projects also completed. Ail of the street projects had either been completed or were under construction. In January, the Council issued the last bonds for the last drainage projects to be built within the next year. The fire stations had either been completed or were under construction from the 1986 money and prior 1983 money. The Animal Control Shelter had been completed. All of the park work in te4ms of development and field improvements were also under construction. The 191 Committee had re,ommended that the interest monele from the 1986 issue be used in conjunction with the original intent of the 1986 election. Those intents included land acquisition, park development such as new fields, pool renovations, etc. The 191 Committee suggested that the interest money be used for continued improvements to our street system. A list of recommended street improvements had been proposed. Staff was seeking direction on the list of streets for use with the 1985 interest money and direction for use of the 1986 interest money. c. f Agonda No. _,..t__z0Lz--- Aoer,di Ilom_-A242 City of Denton City Council Minutes a~ 3-3 May 19, 1992 Page 2 Council member Chew stated originally it had been talked about using all of the interest money to purchase land. Svehla replied yes and did not feel that the 191 Committee had any problem with that. Lloyd Harrell, City Manager, stated that out of the discussions ° from the public hearings with the neighborhood groups that it would be all right to take some of the $2.7 million and buy the sites for the future recreation centers. Council Member Chew stated that originally it had been looked at to s do something else with the interest money and now he had not heard anything about renovating the Civic Center Pool. Svehla replied that the interest money could be used for that. John McGrane, Executive Director for Finance, stated that the bond covenants indicated the interest money }ad to be put back into the project or into a like project or pay off the debt service. it would have to be studied to see if the money could be used for, the pool project. Council Member Chew asked for such a determination. He would like that done before a decision was made on what streets would be repaired. Mayor Pro Tem Hopkins felt that it had been stated that none of the $2.7 million could be used on the Civic Center Pool. City Manager Harrell replied that it had been researched and the only way money could be spent on the Civic Center Pool was to issue CO's. Because it was not specified in the $2.7 million issue, it could not directly go to that project. The only way to renovate the pool was to issue Co's or put it in the next bond issue for voter approval. Or Ase the $600,000 if the funds could be used for that type of project. McGrane stated that his initial reaction was negative. Svehla replied that the 1985 issue as it was strictly for streets. He felt there might be a better chance with the $300,000 from the 1986 issue. Council Member Perry felt that the pool needed to be renovated as soon as possible. Not four to five years in a C.TP. l Agenda `o. Agenda Ilem__l-el a~~ 3 City of Denton City Council Minutes May 19, 1992 Page 3 Mayor Pro Tem Hopkins stated that she did not want the pool put into a CIP project. The renovations needed to be done now. After discussion, Council directed staff to research possible ways to use the bond money particularly with the Civic Center Pool renovations. No decision would be made on the 1985 interest money , or which streets to include until that research had been completed. 3. The council received a report and held a discussion regarding the revised Council Budget Questionnaire. John McGrane, Executive Director for Finance, stated that the questionnaire had been tabulated to include the results from the two new Council Members. He presented a comparison of the old and new results. He indicated that this would be a general overview for the preparation of the 1992-93 budget. 4. The council received a report and held a discussion regarding S.B. 971 enabling cities to pass a sales tax for economic development. Lloyd Harrell, City Manager, stated that as the City began the project with the Departmen` of Defense proposal, one item alluded to was the possibility of the .ity making use of a 1/2 cent sales tax for economic development. Betty McKean, Executive Director for Economic Development/Municipal Services, stated that the 71st Texas Legislature passed a local option sales tax to be used for industrial development activities in an effort to give cities greater ability to develop their local economies. The legislation provided for any city in a county of less than 500,000 population that was not served by a Metropolitan Transit Authority, 'to levy a sales tax of up to 1/2 of one percent to fund an industrial development corporation. Voter approval would be required and the election would have to take place on a uniform election date. There was a broad definition of what the projects could be used for. Many small cities used the tax money to set up economic development offices so that they could respond to requests for proposals, etc. There was an increasing widening of the definition of projects and a softening of the restrictions on what cities were eligible, The money would be designated for a specific project or just have a pool of dollars ready for when it was needed. Most cities use one-half cent and allocate it for a specific project. one of the benefits of this additional sales tax for economic development was that the revenue collected from the sales tax would come from retail sales in Denton, and not just Denton property owners. t. Agenda No. ~21- z_ Agenda 11am_S_. Dino City of Denton City Council Minutes May 19, 1992 Page 4 Council Member Perry stated that a tax was a tax and Council needed to think about that in a similar light. Money taken for economic development projects could be used for Infrastructure projects. Resources used for one project would not be available for another. Mayor Pro Tem Hopkins felt that it should be tied to something to enhance the community so that the voters could see directly what was involved. If the city received the bid for the facility, then the tax would be enacted. If the City did not receive the facility, then the tax would not be enacted. Council Member Miller felt that if the city wanted to attract new business, it needed to remain competitive with other cities. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor. Castleberry; Mayor Pro Tem Hopkins; Council Members Chew, Perry and Miller. ABSENT: Council Members Smith and Brock 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance, Agenda Item #3 was considered. 3. Consent Agenda Perry motioned, Hopkins seconded to approve the Consent Agenda as presented. On roll vote, Miller "aye", Hopkins 'aye , Chew aye , Perry "aye", and Mayor Castleberry 'raye". Motion carried unanimously. A. Bids and Purchase orders: 1. Bid #1357 - Security and Fire Alarm Systems 2. State Contract - 1+ Long Distance Telephone and Service B. Tax Refunds 1. Considered approval of a tax refund to K. Dale Brown in the amount of $793.43. The Council returned to the regular agenda order. / y. F- A A erida Ilom_~. S City of Denton City Council Minutes May 19, 1992 Page 5 2 The Council considered approval of a resolution of appreciation for John Trent. The following resolution was considered: 9 No. RA92-006 RESOLUTION OF APPRECIATION FOR JOHN TRENT Perry motioned, Chew seconded to approve the resolution. On roll vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Ordinances A. The council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services, (3.A.1. - Bid #1757, 3.A.2. - State Contract) The following ordinance was considered) No. 92-083 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. Parry motioned, Chew seconded to adopt the ordinance. On roll ' vote, Miller "aye", Hopkins "aye", Chew Faye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance canvasing the returns and declaring the results of the recount held for the regular municipal election, Place 6, Mayor Castleberry read the official returns of the Recount Comoittee. C #4 Nwida Na. OHIO - City of Denton City Council Minutes al( .3 3 May 19, 1992 l/ Page 6 The following ordinance was considered: No. 92-084 AN ORDINANCE CANVASSING THE RETURNlI OF THE VOTES CAST FOR PLACE 6 ON THE CITY COUNCIL, FOLLOWING A RECOUNT HELD ON MAY 12, 1992 AND DECLARING THE RESULTS FOR THE ELECTION OF COUNCILMEMBER TO PLACE 6 AT THE REGULAR MUNICIPAL ELECTION o HELD IN THE CITY OF DENTON MAY 2, 1992. Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Miller '(aye", Hopkins "aye", Chew "aye", Perry Faye", and Mayor Castleberry "aye". Motion carried unanimously, y C. The Council considered adoption of an ordinance implementing a truck route on Hickory from Bell to Bradshaw and on Bradshaw from Hickory to McKinney. Rick Svehla, Deputy City Manager, stated that this ordinance would ensure that trucks stayed on the truck route on Hickory and Bradshaw. The following ordinance was considered; No. 92-085 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES TO ADD PORTIONS OF EAST HICKORY AND NORTH BRADSHAW STREET AS TRUCK ROUTES; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to adopt the ordinance, on roll vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance approving a contract for engineering construction period services with Alan Plummer and Associates, Inc,, during the construction of the Wastewater Treatment Plant Phase I and II improvements. (The Public Utilities Board recommended approval,) Bob Nelson, Executive Director for Utilities, stated that this was a contract for inspection services and general services for the construction of the wastewater treatment plant. The designs were complete on the plant and bids would be let this week. Bids would be opened on July 2, 1992. This contract would be for the resident and general representation while the project was under construction. c Agonda [tom .es ~ City of Denton City Council Minutes (Alto May 19, 1992 ,aj,3 Page 7 Howard Martin, Director of Environmental Operations/Financial Administration, reviewed the background of the project and the scope of the work. ° Lloyd Harrell, City Manager, stated that the $9 million cost for the first phase allowed the city to implement the more stringent standards on the wastewater treatment plant. The increased federal standards required the spending of money on those items, This translated into a 10% increase in the wastewater charges for the next fiscal year. This was not due to growth or anything that the city had done to improve capacity, it was due to the more stringent federal standards. Nelson stated that the Public Utilities Hoard was proposing a 10$ Increase for the next fiscal year. Staff had looking at the debt service increases due to thesepprojects, While felt that a 10% increase was needed in the next fiscal year ndaa 25% increase in the following fiscal year, Council Member Chew noted that the City saved a considerable amount of money with the, contract with Alan Plummer and Associates as it was currently s4ll~ructured. The following ordinance was considered: No, 92-086 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION REPRESENTATION FOR IMPROVEMENTS TO THE PECAN CREEK WASTEWATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Chew vote motioned;"aye" Hopkins seconded to adopt the ordinance, on roll Miller , Hopkins "aye'?, Chew "aye", Perry "aye" and Mayor Castleberry ?'aye". Motion carried unanimously, E. The Council considered adoption of an ordinance amending tennis center fees to be Recreation, (The Park and Recreat n by Btho oard r recommended aptpprov al.) Alicia Mantel, Superintendent of Leisure services, stated hatthe Park Board had reviewed the proposal and a supported by the Denton Tennis Association. roved it. It was also past, revenues were below the expected 50% cost recovery d£or the in the Goldfield Tennis Center. By approving the proposal, additional revenues would be realized during the peak summer period which Agontla11om_!pJ`._ RA a City of Denton City Council Minutes a3 May 19, 1992 Page 8 started in the next few weeks, It was hoped that the additional revenue would generate sufficient revenue to recover the expected 50% of total operating costs. It was felt that the fee submitted was within the acceptable pricing level and that they provided for minimal negative impact to users. a Mayor Pro Tem Hopkins pointed out that the fee structure was confusing in regarding to court rentals and court reservations and that the language needed to be clarified. d The following ordinance was considered: No. 92-087 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING TENNIS CENTER FEES TO BE CHARGED BY THE DEPARTMENT OF PARKS F.ND RECREATION; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Miller seconded to adopt the ordinance. On roll vote, Millen "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance allowing implementation of a summer Food service Program, funded by a federal grant and beginning June 8th. Alicia Mental, Superintendent of Leisure services, stated that the ordinance would allow for the implementation of a summer food service p,-ogram for children located in low income areas. Final approval of the grant by the federal government was contingent upon approval of the food service contract with the Denton Independent School District. The program proposal was reviewed by the Park Board on May 18 and positive comments were received regarding the program. Children who participated in the free school lunch program would be able to continue receiving a nutritionally balanced lunch during the summer months when school was not in session. The free cold sack lunches would be provided to youth at no cost to the City as all expenditures would be reimbursed by the federal government. The DISD would subcontract for preparation of the lunches and were already familiar with the program requirements. Lunches would be distributed in law income areas as well as the after summer school action sites. Council Member Miller asked if the city had an assurance from the Department of Agriculture that the program would be approved if the Council passed the ordinance. r ? } Agenda No.. 9~ ~f Agenda Ilem--_s Rsla City of Denton City Council Minutes May 19, 1992 Page 9 r Mental replied that it was not a guarantee, Tentative approval had been received contingent upon the approval of the City Council and approval of by the School District. The following ordinance was considered: No. 92-088 4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS AND AGREEMENTS, AS REQUIRED, TO OBTAIN FUNDING FOR THE SUMMER FOOD SERVICE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS AND ADMINISTER THE PROGRAMI AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Miller "aye", Hopkins "aye's, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance approving the retainer of the lawfirms of Henderson Bryant & Wolfe, Whitten and Loveless, and Wood Springer & Lyle to represent Chief Jez, officer Casteel and Officer Ray in pending litigation. The following ordinance was considered: No. 92-089 AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF THE LAWFIRMS O^ HENDERSON BRYANT & WOLFE, WHITTEN AND LOVELESS AND WOOD SPRINGER & LYLE TO REPRESENT CHIEF JEZ, OFFICER CASTEEL AND OFFICER RAY IN PENDING LITIGATION; APPROVING CONTRACTS FOR LEGAL SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. , Chew motioned, Perry seconded to adopt the ordinance, on roll vote, Miller "aye", Hopkins "aye", Chew "ayes", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, 5. Resolutions A. The Council considered approval of a resolution approving the Final Statement of Community Development Block Grant objectives and Projected Use of Fundo. Lloyd Harrell, City Manager, stated that this resolution followed the recommendations of the Community Development Block Grant committee, C 14 Agenda No Agenda Itont_~S~r fhro - = City of Denton City Council Minutes May 19, 1992 Page 10 The following resolution was considered: No. R92-023 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to approve the resolution. On roll vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and mayor Castleberry "aye". Motion carried unanimously, B. The council considered approval of a re3olut.icn temporarily closing Charlotte Street from Bonnie Brae Street to Avenue H on June 5, 1992, from 4:00 p.m. - 9:00 p.m. for a neighborhood block party. Catherine Tuck, Administrative Assistant, stated that this resolution would allow the street closure for a block party. The Owsley Coalition had made the request. The Coalition was formed to bring United Way services to the citizens in this area of town. The Denton independent School district and the Police Department had also been heavily involved in assisting this neighborhood. Frank Davila pointed out that a number of representatives from the community were at the meeting including the Camp Fire, Girl Scouts, Police Department and United Way. The following resolution was considered: No. R92-024 A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN BONNIE BRAE STREET AND AVENUE H ON FRIDAY, JUNE 51 19921 AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to approve the resolution. On roll vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution temporarily closing Fox Hollow Street, from Kenwood Street to Timber Ridge Street, on May 30, 1992 from 6;30 ,p.m. to 8:30 p.m. for a neighborhood block party. ,94 Agnnda 0 . Agenda Ilum 5 _ o-,io City of Denton City Council Minutes May 19, 1992 Page 11 Catherine Tuck, Administrative Assistant, slcatad that this closure was for another block party. All of the property owners had consented to the closure. The following resolution was considered: , No. R92--025 A RESOLUTION TEMPCIARILY CLOSING FOX HOLLOW STREET BETWEEN KENWOOD STREET AND TIMBER RIDGE STREET ON SATURDAY, MAY 30, 1992; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to approve the resolution. on roll vote, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "ayes. Motion carried unanimously. D. The Council considered approval of a resolution postponing the regular City Council meeting of June 16, 1992, to June 23, 1992. Lloyd Harrell, City Manetger, stated that Council would be attending for the APPA meeting on June 16 which required a rescheduling of the meeting. The following resolution was considered: No. R92-026 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING Of JUNE 16, 1992 TO JUNE 23, 1992; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hupkins seconded to approve the resolution. On roll veto, Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberr; "aye". Motion carried unanimously. 6. The Council. was to consider an appointment to the North Central Texas Council of Government's Regional. Transportation Council. This item was pulled from uensideration. 7. Miscellaneous matters from the city Manager. Lloyd Harrell, City Manager, presented the following items: A. Harrell noted two upcoming meeting which the Council needed to be aware of. The first was thei NCTCOG Annual Luncheon C Aoonda No ndnnda City of Denton City Council Minutes May 19, 1992 O Page 12 and Workshop on June 12. The second was the TML Association of Mayors, Councilmembers and Commissioners which was July 23-26. Those interested in attending should contact the City Secretary. " 8. There would be no work session next week unless the Council so desired. C. Harrell presented an update on the Department of Defense Project. He stated that many people had studied the project in various areas. There was a consensus to slow down the project. It was first felt that the current TI building would be appropriate for the Department of Defense needs. However, upon an investigation of the actual square footage in the building, it was determined that only a small portion of the hallway connectors could be reclaimed for office use. The bottom line was that it would not accommodate the minimum square footage required. The current facility would have to be expanded 88,000 square feet. Remodeling prices plus additional parking spaces would be extremely high. The conclusion formed was that the total project cost would be approximately $43-48 million for minim,.im requirements. The next problem was the financing problem. The structure for the financing would be that the city would have to develop a not-for-profit corporation. That corporation would be the actual people who would be in a position to buy the facility from TI and then lease it back to the Department of Defense. To finance a debt in the range of approximately $50 million, a cash flow of $5 million per year would be required to pay off any loan to the not-for-profit corporation. The only funds which the City had a guarantee on would be the half- cent sales tax which was subject to voter approval. That would provide $2.5 million or approximately more than half of the needed amount to pay off the loan. The remaining portion of the loan would have to come from a lease agreement which would be signed by the Department of Defense. An associated problem was that because the Department of Defense was a federal agency, it could not bind one Congress for another Congress. A future Congress might not approve continuation of the contract, There was a great deal of difficulty finding private financing due to these circumstances. Private financing had not been found with that kind of deal with that kind of guarantee. Staff had discussed this locally, with First southwest and with other private financing individuals. Due to the magnitude of the dollars, it was felt that the project should slow down. At this point it was not very optimistic that financing could be obtained. 8. There was no official action taken on Executive Session items discussed during the Work Session. i Agenda Otte City of Denton City Council Minutes May 1,9, 1992 U Page 13 9. New Business There were no items of new business suggested by Council Members for future agendas. 10. There was no Executive Session held during the Regular s session. With no further business, the meeting was adjourned at 8:00 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS Jenn fer waiters City Secretary City of Denton, Texas ACC0008F C a it, i] ~F 1- + t rtC, I TY ,{`--COUNCILI LT Y rat i rk rl r - - - - - - - fl-4 I1. '1'if ~ +y -t- ,j I ~ ~ 111111 _ J it I , ~ t t - t- zit - - L - - - I- T T. - - :t T- T- T it, 1}}7 :~a t 0~~~ ° F ° e ~v Quo c ~ ~~4(lnr ~(G,~ tL r EI ~ ~ , ,,+rtt'1 Ali -E1 _ ~.i ll~if F Ili.: c S Aponda No. Aflenda Ilem___ _ RAO --DATE: 08JQ2//p922 CITY COUNCIL ~~G 7/ r REPORT FORMAT To: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECTr Rezone Township II, Phase 1 (38.487) acres from Planned Development No, b to single Family-10, a RECOMMDATIDN: Planning and Zoning Commission recommended approval 1992. (6-0) on April 22, SUMMARY: This is a city initiated rezoning request for administrative purposes in order for the existing development to correspond to the proper zoning. BACKCRO _QtL_ See P&Z report. R DEPARTMENTS 0 UPS AFFECTR$, Building inspections, citizens of Township II, Phase 1 FISCAL IMPACT: N/A Respectf lly submit di. Prepared by: 10y V. Harrell L. City Manager Karmen K. F ahari ak Urban Planner Approved: &EXSCUtive bb n , ICP Directo Planning and Development AXX00140/4 v ~ v Agenda :J o. ,_.~.I.L Agenda Ituni D310 PLANNING AND ZONING COMMISSION REPORT a /~o Tor Mayor and Members of the City Council Came No.s Z-92-010 Meeting Date: 06/02/92 GENERAL INYORMATION Applicants City of Denton 215 E. McKinney Street Denton, TX 76201 Current Over: Citizens of Township II Phase I Subdivision Requested Actions Approve a rezoning of a tract of land from the Planned Development (No. 6) district to the Single family - 10 district. Location and Sizes A 38,487 acre tract of land located on the' east side of Dallas Drive, north of the exit of I-35 and Highway 77, also known as Township II, phase I, Surrounding Land Use and zoning: North - PD-6, Residential South - PD-6, Wolf's Nursery, Pep Boys, San Jacinto Plaza East - PD-61 Residential West - PD-6, Residential Denton Development Plan: Low Intensity Area HISTORY On August 23, 1969, Planned Development No. 6 was approved with a comprehensive site plan. PD No. 6 contained approximately 200 acres, inclusive of Township II, Phase I, Township II, phase I was approved by ordinance (69-35) for Commercial, Single-Family, Multi- family, and duplex uses, The language in the original ordinance implied that the use3 within this PD could be amended by platting. h Agonda Na. Adonda Itom_e-e ailo June 2, 2-92-010 June 2, 1992 HISTORY - continued In July of 1973, this 38.487 acre tract was platted. It appeared that the intent was that the PD-6 site plan be amended at that time as well to reflect SF-10 zoning. However, an ordinance was never approved. In the case of The Woodlands and The Oaks of Township II, on August ° 81 1984 (Z-1674), an ordinance (84-132) was approved amending PD-6, allowing for single-family and cluster housing in each subdivision. Prior to developing the cluster housing, a detailed plan would be required. A neighborhood meeting was conducted on April 1, 1992 in order to answer questions and relay explanations to these citizens why the city was intiating this rezoning. Attached is a list of those who attended. The Planning and Zoning commission conducted a public hearing on April 22, 1992 for Z-92-010 and recommended approval. (6-0). ANALYSIS This property is located in a low intensity area, between the southeast urban center and moderate activity centers. As the property is already developed as single-family residential, no policies of the plan will be analyzed. The purpose of this proposed rezoning is more of an administrative exercise within PD-6. According to city ordinances as well as , state law, rezonings, by amending the zoning map, are official only by passage of an ordinance approved by the City Council and signed by the Mayor and City Secretary. Technically, this 38.487 acre tract of land is designated for commercial, multi-family, duplex, and single family uses. In order to ensure property owner protection the City, has requested the removal of this subdivision from PD-6 to the Single family _ 10 zoning district. Page 2 C r s Agenda No. Agenda Item//S 1A 2-92-010 allo June 2r , 3992(/~J i RECOMMENDATION The Planning and Zoning commission recommends approval of Z-92-010. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS 1. Location Map 2, Reduced copy of plat 3. Reduced copy of comprehensive site plan. 4. ordinance 69-35 5. Neighborhood meeting attendance list. 6. Minutes of P&Z Meeting of April 22, 1992. . AXX00140 Page 3 t~ i XrTACHMENT Agenda No. Agenda Item- Z-92-010 Township II Phase I a3tR ~_1 NORTH K~,+ _.il f J`` ~ Jam' y~~ ' r ~~~~.•~.-.__w__-_. $MACY OARS ~1 9 .dam 4• ~ ~ ~ i ll't;RE /ISft NI T X65 JA, 1 ~ r e, Date: 4/16/92 Scale: NONE 1~_ p .I 1C~, ~ N A roaiusiwu c_al,-) r I! ' N • q ASI I t I ANk /-I mlh AN / y Nis a. rrnn.~_ ~1 3 M~ 64 ci~ A-14 64 ~e3b okk :410 C a p, ~ 3 u ft A Q c ,y r y ~l F[ 9 I~ I Agenda No, Agenda 3tam_P As r alto + F AF A/ 1 'VC A / r D ~C~, 1 10m, fo;q 4JI•0p0Or! ppw'J p/ N v Je_o x ',iti~Y •~G~ ~ •r~„~, ``OOH ~.~a o o s.-R0-01 ,r 'n p 'i ~rl1 i u f "'r w~11~'Y a °rl.'Slh. 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"1~ •~~0: 00 ) ;r• iii''( riS+kz 1 ` r~' w \ 15 ~j f 4 y~ "Y ~'y yy"\,O(`I'° rrr ~•JI , (/il i1. 14 \ ;141 r~ it r { J \ ~t1 ,,1 r .tom = C~t~1 w t~ G' 7. • L\p i ' 6t.r i° : ~CC,, l • \ ' Y t~~ • V • ';J ~C~* • t ,1 a ~~i1 ~..'`c1r~M a Jry XR If III r M~\Jl• \,p ~ • IA ' Fri ,I•T ~a ~~./~~i ~ ~ ~Q' ` •`1\ n • °'.'i* ° 1• ~ •r 9y r ~ 'tea , 4 l a y M °i ~b - t ~ • y l ~h s f T, AWN No, D/ 7 AUOnd oo ilk, \ - 1 14 Xl~ ~ - ~ ~4.~~~ `r NN14f i+,~ 1 P ~ \ r1.(tun/r,( I/Y(IYn/ (bni.,iwu . y it per y g ✓ AI fir. \ .j .'\'A. i~•r r .//tar, I'i \ 4 0 - i rPyaad 74 /~'odr Y.y141 ~ ` AA .~V r,\ ',zr lo I Fih,nvµn/ ~,w r sr( i IDR. lU ugfry 11 WprrM r.h jOjIKC f(Il2 h rLf, ~ 1 hq WN1 K gDS1 r10 10 \ ~ `Y hh a 4xtOx A T it .IANGLE PARK \ DENTON, TEXAS v "Vlejt. HAIYIC ACRE-RSON A' Wi~ ASSOCIATES uUe~IN IfINTV1tYAV~;-iriF,~;iA~ _..__-•-IJ Yltlr lltr r1~} 1tx11 - , 1 i r 41 i•_a ,.~ntf^'red) ApendaNo.67.) el7_~.~.. and >a+j :axes are GP Agenda ll "^r^1naf,er .a 35sassed and collected for the ourooses `I s Gl,uiated 3S follo'nL, to Nit: QlIO SO a) r cr e ,eneral =u rd 311ocati0n on the valvatiJn 5.6501 lb) For the Interest and cederPLion Funds Jn Jutstandi n9 - g onded fcdebtedner on t'e S;;D.,'0 ';aluat'on 494 Total Allocation of evv $1.50 'at the Pity "1n er shall cause co of es of the budget to to f11ed Nf:n t he and t'-,e S t :ity Secret3ry, the County Clerk of Denton County are Co-,;,troller :f P3bllc Accounts, s ali be affective irrtediately upon its -3ssa;e, pPPRO'lF.D this 15th day of September, A.D., 1969. L. A, NELSbN, 'i YOA AiTE$T7 CITY OF OENTON, TEXAS CKS ~CLT, C.'7( ;::CY OFDE:IT011, TEXAS i APP4U'1ED AS i0 LEGAL F0;0: rs y ' vriCr 3aRTC7i, C,T'f AT1004-N~T- CiT'Y OF OVItON, TEXAS ORDINANCE ,NO, 69.15 F A't :.RDINA'ICE AMENOt1fG THE ZO,YIiIG ,MAP OF THE CITY OF DENTON, TEXAS, iI11 AS SAME 'BAS ACAPTED AS All APPENDIX TO THE CODE OF ORDINANCES OF THE CITY f OF OEN'TON, TEXAS, BY ORDINANCE NO, 69-1, AND AS SAID ,MAP APPLIES TO CITYACOTSAOPEZ;YOK CITY ~ITYITY BLOCK 2851 BCOCX 276/0 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF OF CITY DENTON, TEXAS, E+ AND ;'ORE PARTICULARLY DESCRIBED BY PLAT INCORPORATED HEREIN; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEHLdY OROAINb: SECTION I. That the Zoning M30 Of the City of Denton, Texas, adopted January 14, f969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under the provisions of Ordinance No, 69.1, be, and the save is hereby arrended as follows: All the hereinafter described property is hereby reroved from the "A" - Agricultural District as shown on said Zoning ,Map, and all provisions of Ordinance NO, 59.1 adopted the 14th day of January, ~x \ V ~4 r ss), as i-er pi ,n al r are . Agenda No. if tor ] py said :rid er',y is 'A7' Agenda Item-?L - 7 - rlannee CevelocTent OIstrict according to, and sub,' ect to, the below [late conditions and requirerents, and to the plat attached hereto and made eo a part hereof for all purcoses, and Seing generally described as all tnat certain lot, tract ;r cartel of land sit;ated to the City and ;:cnty of :Anton, 'exas, arc„n as sit/ Lots 11 and 12 of City Block rs 235; City '_ats I, 2, 3 and d of :ity dock 2E3 and City Lot 13 of :'ty 31;.K 275;7 as sreo,n this date on the Gfffcial Tax 'lap of the City cf Denton, '2xis, art ce'ag the sane prcoerty described in the attacred o:3t ;'coated 'n the 1,700 3lock of Callas 7ri~e}, which :;ndt LiCGi and re7uire-rents are is follo++s: 1. 'n1 Juildfriy or other structure shall be constructed on or across :xisting lot lines shown on the attached -'!at and on future replats, or be closer than the front, side and rear yard requirement a stated in the Zoning Ordinance; the term "Lct Lires" as used In this ordinance shall :dire the division lines of any shown lot or ,arcei of !and which circimscrfbe an area within the attached plat, 2. Lot lines shall be changed only by resubdOf ding or replatting,In the -arnner provided by the Subdivisfon Aegulatfons, In article 13.03 of Appendix A to the Code of Ordinances. 3. when a tract or parcel of land is resubdlvided or reolatted, any and all additional rights of way and easements which are deerred necessary by the Planning and Zoning Comission shall be dedicated by the person resubdividing or replatting the land the Same as if the tract or parcel +ere being originally subdivided. 4. Each lot or tract shown on the attached plat shall be limited to one structure only regardless of the use indicated on the piat, until sans is further platted within the delineated areas shown on the attached plat, and each such plat shall show all proposed building sites, building set. back lines from each street and abutting property, all utl11ty, street, alley and access rights of way, and drainage ways, Upon the dedication to the City of all needed streets, alley ways or easements to serve same, and upon the completion of the paving of all streets abutting such property, and needed to gain access thereto, as may be requlred by the Planning and Zoning Commission, such plat Shall be filed of record along with the general plat attached hereto upon its approval by the Planning and Zoning CemoiSSion, V , j i +s i~ , "rtl a :Ir:c i. 4)-JS ::anr,,nuedJ Aoonda No. Agenda item- A- l;;lding permsts 4111 'M I/ ba f5sued for those areas snoaRop :a tailed slat as uillvng areas within the set Sack 1.1nes, i, ahen a tract jr parcel of land is resubdivtded or platted is descrfoed 'n the paragraeh above, any and all additional J ri;nts ;f .,ay and case-.ents required or deemed necessary by the damning snd Zoning C.--,i;sion shall be dedicated by the person res..divlafnq or p?ata ng sane, as if the tract or parcel were being cr!ginally subd1v1:ed. d;I ploaistons of Ordinance Ito. 59-01 (toning Ordinance) ;f t..e City of :enton shall apply to the property within the attached plat to xr•mit the zoning uses indicated thereon, by shading or e :thorn se, and no Other re5 tri cti ens than those found for each such use district shall cooly, nor shall any other use than those permitted by the respeetEve zoning district be permitted within the areas so designated on the attached plat, and the zoning district areas so defined shall not be rhangid exceol. by amendment of tnis ordinance, A platting or replat,ing of any area shall not affect the uses permitted within the respectfve.dfstricts sho:m on the attached plat, - 7. All the streets, eaw,ents, alleys and rights of way Indicated on the attached plat have been properly dedicated, or are now hereby dedicated, to the City of Denton, and the same are hereby accepted by said City for pub'fc purposes. 3. All streets shall be paved as required by the Planning and Zoning Corrmission prior to the Issuance of any bulidfng permit, and all paving shall be d•,ne according to the specifications on ells in the office of Community Cevelopment, and under i,i direct inspection and supervision. The paving width within the designated street rights of way shall be as required by the Dfrettor of Community Development, provided that the y<nal <fandards for same be followed. 9. All ordinances of the.City of 0enton and laws of the State of Texas shall be complied with, and all regulations regarding the subdividing of property are hereby expressly made applicable hereto 10. No building permit or certificate of occupancy will be issued until the pertinent conditions stated herein have been complied with, 11, The following building and use restrfc N ens shall apply C A 1 Agenda No. ~a .Q :dD;'i?I+Cc N0. 59.75 (~dntinued) i7~ r, Aoenda lem_ to 311 lots designated for single family residential use only on We_ 147_-~2 - the attached plat, and sane stall be included as deed restrictions ~f .4 on such lots, along with any others n.poscd by the developer cons Istant with the intent tereof, aid 4rfth all app;fcable laws and ordinances; PrOV?ded ohs' the fotlawing restrictions are deered 71nfmal only, and shy ;re3ter restelcclon i"posed by the developer shill prevail; toewltt 1. Al' lots fn tae 'single family" designated area within -re att3cred siat sn311 Ce :sed for single family residential purposes ,nly, constructed ,pan .:oncrete foundations, with single garages or Caroorts attached, and ?ecesIary outbuildings for single family use only; provided, nooever, that iouble or triple garages may be detached ?ran the resicer.ce but shall not oe closer than 100 feet to the front lot ifne; b. No residential structure shall to erected or placed on any of the fats in such r_sidentfal area having less than 1200 square feet of floor space, exclusive of ;arage and porches, any side 1 ~,o building shall be located nearer than eight feet to y at 11ne ror nearer than thirty-rive feet from the front ?roperty line, nor nearer than 15 feet to any side street line; d, YO trade, busLSese or corrarcial activity shall be carried on or located coon any lot fn such dcsfgnatod area, nor shall arytning be done thereon :.PiCh aay become an annoyance or nuisance to other residents in the $3.7'9 area. i e, 'later and sewerage connections shall be made at the property I the, f, tfo chickens, tur'<eys or other fowls, cow, cattle, ho or togs, horse or hnr9es, or any other livestock of any classification E, shall ever be kept or permitted on any lot or lots in such area, q. 'fo trailer or to oorary structure shall ever be placed ` vpon any lot fn such area or used as a residence In such area, 7hose covenants run with the a and binding on the area lotoxners,, theirsuccessor$ ortheirheirsl be executors, administrators and assigns for a period of ten years from September 27, 1969, continuing until September, 22, 1979, Inclusive, at C which time such covenants shall be automatically extended for successive periods of ten years unless by a vote of the majority of the then ' r. owners of the designated lots, it is agreed to change said covenants in whole or In part. f; i, If any owner of a lot or lots in said designated area, E or their heirs or assigns shall violate w, attempt to violate any of the covenants or restrictions herein contained, than it shall be lawful Et for any other person owning real property In said designated area, to prosecute any proceedings, In law or In equity, against such violators or attempted violators of said covenants, and to either prevent 1 him or them from so doing, or to recover damages for such violations, court order, shalllinalowise fafany fect of these eother covenants dhereof, whfch shall remain in full force and affect, The owner and/or developer of the land described in the attached plat, for and in consideration of the granting by the City Council of this zoning classification on the said property, does hereby bind r ~a n 5 ! 1 'i • ~ ~ pMnganda Na. itsalr, its successors, executors, administrators and assigns to rv~~0!l8f0_ SS `1 A cccoly iltn all of the abo+e described terms and conditions for AlQte of said land as long as this ordinance shall remain in effect, and the Jc~l Sd said cave Ioper andlor' cwner inderstacds that without full and corpleta compliance on his part with :he said terms and conditions the uses ;emitted herein and hereby nould otherwise be pronibited under the 'rdirance of the City of Lenten, and in order to secure this 3ranument to the Zoning vao to rake such use of the aforesaid land, does harecy .cvenant trot it All °.')y and completely co.Tply with the terms and conditions herein rentlCned, that thls covenant shall .-in with ,re land, and shall be binding upon Itself. Its heirs, successors, exoljCars, administrators and 3ssiins, that upon breach of this c:van3nt this pl3rned Dave lap,Tent District may, at the City Councils d`scraticn Se rade null and void and thereupon said property shall once -are be=-e suolect to the regulations app) Icabla to property in the f a 'A" - Agri CUl Cure) Zoning Dis tri Ct under the terms of the Zoning Ordinance of the City of :enton without any right on the part of itsalr, Its heirs, successors, executors, administrators or assigns to continue the develpprent of said premises as planned. SECTIV II, That the City Council of the City of Canton, Texas, hereby finds that such Planned Development District is in accordance with a comprehensive 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 land and for its peculiar suitability or peculiar uses and with a view to conserving the value of the homes and buildings in the vicinity, protecting human lives, and encouraging the cost appropriate uses of land for the maximum benefit to the City of Denton and its citizens. SECTION Ill. That this ordinance shall be in full force and effect irrediateiy after Its passage and approval, the required public hear- ings having heretofore been held by the Planning and Zoning Cormdsslon and the City CounclI of the City of Denton, Texas, after, giving due notice thereof, PASSED AND APPROVtU this the 23rd day of September, A, 0. , 1969. CITY OF DENTON, TEXAS ATTEST; BA K H 1. , GITYDRETSAY~~M CITY OF OENTON, TEXAS APPROVED AS TO FECAL FORM; J L ria 1:~P.1'ILai 7 Agenda No. V ~~C ~.l~Cl' ~i~ ~ r ~ Agenda Ile/m C7 RAO N~m~ ftir;~Rrss PrtD,\j c (L2 F,3 fJo~,q, 4 sG,„~le5(~' IID4~a~~ ~t. 5~o6-6to00 1!/1 YLy! 1~,~ ~ir✓ / p p ~N~efi v /I rl~~ y5 c~ a70 allI)c r~ / i`~'G / drt brlr~ C~r_ ~`ze(d • /4~9~ f/ A ,~y/c l ~~l ~G'/~ v'~Laus G,_ p5' 9 /'Y1a rV. ~G-v /,SU~ ra r~ o..~ po ~r ~323'.2,Y3 9 P4 Y,4 ~C~ / / `Sd 9 t tE~ '4krcK 3e2-3z~ 7 ~ ray f~ur,~dc~~r~ / 'o~ v~u~r c?~~ce/c 'a-~aa7 MA x LAC~13UP l~ lz- CAr1~~orJ roue-- x!5-66 13 7 5,10 ;-z 7 ~o~ ~ .5►5 r ~ ~ ae,val GG ~ 8 (r~R-d..a-~~ Pte. ~ I 3~ ? N~ I:~ Agenda No. ttt---111 Agonda ttem_z~~~ A r ~ P&Z . [k+to Minutes April 22, 1992 Page 5 III, hold a public hearing and consider rezoning n 38.487 acre tract of land from Planned Development No. 6 (PD-6) to Single-family 10 for the Township 11, Phase I subdivision. Forty notices were mailed to property owners within 200' of the subdivision; 6 were returned in favor o1' the rezoning and none in opposition. Staff Report, Ms. Feshari reported that this rezoning is an administrative exercise. PD-6 was one of the first in Denton. It encompasses a large area including the Golden Triangle Mall. When this subdivision was approved, no ordinance was passed for the rezoning, The staff must have been under the impression at that time that a plat could rezone property; however, according to state law an ordinance is needed. The Township 11 subdivision is a 38.487 acre tract of land located on the east side of Dallas Drive, north of the exit of 1-35 and Highway 77. On August 23, 1969, PD-6 was approved with a comprehensive site plan. It contained approximately 200 acres, inclusive of Township II, Phase 1. Township 11, Phase I as approved at that time for commercial, single-family, multi-family, and duplex uses. The language in the original ordinance implied that the uses within the PD could be amended by platting. In July of 1973, this 38.487 acre tract was platted. It appeared that the intent was that the PD-6 site plan be amended at that time to reflect SF-10 zoning, but no ordinance was ever approved. In the case of The Woodlands and The Oaks of Township II, on August 8, 1984, an ordinance was approved amending PD-6, allowing for single-family and cluster housing in each subdivision. Prior to developing the cluster housing, a detailed plan would be required. A neighborhood meeting was conducted on April 1, 1992, in order to answer questions and relay explanations to citizens as to why the City is initiating this rezoning. This property is located in a low intensity area. As the property is already developed, no policies of the Denton Development Plan need be analyzed. Mr. Holt clarified that the rezoning is to protect the existing use. No one was present to speak in favor or in opposition to the rezoning, Recommendation; Ms. Feshari stated that staff recommends approval of Z-92.010, Motion was made by Mr. Kamman, seconded by Mr. Engelbrecht, and unanimously carried (6-0) to recommend approval of Z-92.010, IV. Consent Agenda i Agenda Ileni_-ees - ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXASp PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT NO. 6 (PO-6) TO SINGLE FAMILY-10 (SF-10) ZONING DLSTRICT CLASSIFICATION AND USE DESIGNATION FOR 38.487 ACRES OF LAND LOCATED ON THE EAST SIDE OF DALLAS DRIVE, NORTH OF THE EXIT OF INTERSTATE HIGHWAY 35 AND U.S. HIGHWAY 77, ALSO KNOWN AS TOWN- SHIP II, PHASE I; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has applied for a change in zoning for 38.487 acres of land from Planned Development No. 6 (PD-6) to Single Family-10 (SF-10) zoning district classification and use designation; and F~ WHEREAS, on April 22, 1992, the Planning and zoning commission recommended approval of the requested change in zoning; WHEREAS, the City Council finds that the change in zoning wilt be in compliance with the Denton Development Plan; NOW, THEREFOREi- THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION I. That the zoning district classification and use designation of the 38.487 acres of land described in a subdivision plat, Township II, Phase I, Denton, Texas, as recorded in Vol 9, Page 380 Plat Records of Denton County, Texas, is changed from Planned Development No. 6 (PD-6) to Single Family-10 (SF-10) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the City Ia official zoning map is amended to show the change in zoning district classification. SECTION IIT. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a prevision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR Page 1 ; y 1 of J Agontla No. Agenda Item ~S //'09 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYi Page 2 y CIry - COUNCIL }}1~' ,e rt 4 3~ t f J ~ ~y. - t E- i ` J 1{{ !~t~~p0~ r v~`✓j ~ d i. n t i F 1 fT -1 1r`.E; ' 4. 1 Y. ORDINANCE NO. 16~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRA /FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVID- ING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 11HEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed Ind 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 the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached herto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1359 1,2,3 Techline $30,492.00 1359 4 Priester Supply $20,550.00 1359 5 Sesco $13,410.00 1362 1 Naylor Supply $21,119.00 1362 2 Metro Ford $18,995.00 1363 AIJ, J.V. Smith S Associates EXHIBIT B 1364 1,8A Harcros EXIIIBIT A 1364 2 American Int' 1 FAIRBIT A 1364 3A,6 DPC Ind. h'XIIIBIT A 1364 4 Schulle Corp. EXIIIBIT A 1364 5 Delta Dist. EXIIIBIT A 1364 7 PV8 Chemicals EX111BIT A 1364 9 Ammonia Services EXHIBIT A 1364 10 FE3 Inc. EXHIBIT A SECTION II. `.Pbat by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. Agenda No, Agenda item ,es - 64 Ehla SECTION III. That should the City and persons submitting ap- proved and 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, spec- o ifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION ICJ. That by the acceptance and approval of the above numbered i ems 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 hereit,. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of 1992, BOB CASTLEDERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FOAM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~i i Agenda No. D/ y Agenda geru/(~s - A~ 0310 E' _X H :E E3 :E rr A SZD ¢1~1-364 - WAfrER TR1✓A~MEI~TT CIi]zMTCALS A ITEM VENDOR COST 1. LIQUID CHLORINE HARCROS .14/# Ole 2. SODIUM HEXAMETAPHOSPHATE AMERICAN INT'L •5524/# 3A. SODIUM SILICOFLUORIDE DPC IND. 2796!# 4. SULFURIC ACID SCHOLLE CORP. 63.00/TON 5. TETRAPOTASSIUM PYROPHOSPHATE DELTA DIST. .794/# 6. LIQUID CAUSTIC SODA DPC IND. 335.26/'I'ON 7. LIQUID CAUS PIC SODA RAYON GRADE PVS CHEMICALS • 18/# 8A. POTASSIUM PERMANGANATE HARCROS 1.36/# 9. ANHYDROUS AMMONIA AMMONIA SERVICES 17/# 10. LIQUID FERRIC SULFATE FE3 INC. 89.00/TON 11. SODIUM HYPOCHLORITF, -NOT AWARDING- (r t 1 l~ r a . a"D AAandaNo N,XIII$IT $ Aganda Itom Dato BID N 1363 f ] y J.V. SMITH f BID NAME COLLECTION SERVICE] & ASSOC f , OPEN 5-5-92 f M ITEM DESCRIPTION f VENDOR ] f 1 f 1.1 SERVICE FEE BASED UPON f 18% ] RECOVERY ONLY ] I I I I I ~ f 1 f f C f. I 4 XI `>r Agenda No.._.,.. ?e?-! Agenda tom-'es- J/9 DATA= Juno 2, 1992 , p y ~Jj l / iM CITY COUNCIL REPORT `1'O: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1359 - TRANSFORMERS RE'OMMPNDATIO_N: We recommend this bid be awarded to the low evaluated bidders. Item 1 2-& 3 to Techline in the total amount of $30,492.00, item 4 to 4 Priester Supply .i the total amount of $20,550.00 and item 5 to Seseo in the total amount of $13,4.j.00 overall total expenditure is $64,452.00. SUMMARY: This bid is for the purchase of distribution transformers for maintenance and new construction in the Electric Distribution System. The quantatie:: listed include a certain amount to be utilized as inventory stork replacements. BACKGROUND: Tabulation sheet, Memorandum and evaluation from Don McLaughlin. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution, Utility Customers of the City of Doti n, FISCAL IMPACT: Budgeted Funds for 92 a,=unt #612-080-RL390-0000-9222. Respe fully submitted: Ll d Barr ll City Manager Prepared by: IVamo : Denise= Ilarpoo 'Title: Senior Buyer Approved: N a i i i Tom 'DS C,P, M. Title: Purchasing Agent 267. DOC; 4 Y. a i \ Q ID M 1359 D 1 1 f 1 1 i i ID NAME TRANSFORMERS 1 1 I I i PEN 4-30-92 I PRSA_,ESEO ' CUMMINS j TECHLINE ~ KBS I i/ESCO 1 i ~ I I I 1 x I I I 1 ITEM DESCRIPTION a ,u I VENDOR I VENDOR I VENDOR VENDOR VENDOR j 1.1 (5) 150 KVA I NIB 1 $3,989.00 1 $3,455.00 1 NIB I I MFG I 1 PAUWELS I HOWARD 1 $4,125.00 DELIVERY I I 12-14WKS I ABB 1 f I 12-14WKS I I 8-9WKS j F 2•I (1) 750 KVA 1 r ( MFG N/B P10,700•00 I $8,649.00 I NIB I $11,333.00 I -WARD DELIVERY I I 12-14 WKS 1 [ I I ABB 1 I 1 z2-14wxs 1 1 8-9WKS j 3.1 (1) 300 KVA I NIB j $50730.00 1 $4,568.00 1 NIB 1 MFG I 1 PAUWELS I HOWARD I $6,450.00 1 1 DELIVERY I 1 12-14WYS I ASS I I 1 1 1 12-14WKS 1 I 8-9WKS 1 4.1 (30) 50 KVA 1 $780.00 I NIB I $679.00 1 $697.00 j $815.00 1 j MFG 1CENTRAL MALONEYI 1 HOWARD I ERMCO I ABB j 1 DELIVERY 1 12WKS j 1 12-14WKS j 10 WKS 8-9 WKS I I 5.1 (30) 25 KVA I $554.00 I NIB 1 $469.00 1 59 1 1 1 MFG CENTRAL MALONEYI I HOWARD ERMCO 00 I $561.00 1 1 DELIVERY 1 12 WKS I I ABB j 1 1 I 1 12-14 wxs j to wxs 1 8-9 wxs 1 I 1 ~ + i 1 1 r E{ 1 Q BID q 1359 I I ! I I I I ! I t~ BID NA14B TRANSFORMERS I TEMPLE ! POLELINE PRIESTER I SESCO ! VAN TRAM I ! I I I I ' OPEN 4-30-92 I I i I I I 4 N ITEM DESCRIPTIONv VENDOR I VENDOR I VENDOR I VE14DOR I VENDOR { o I I_ I_~_I _.I gl.( (5) 150 KVA I N/B ! $3,894.00 I +x$3,550.00 $4,753.00 I $4,603.00 ! { MFG I PAUWELS I COOPER I SESCO I VANTRAN I ! DELIVERY I 12-14WKS ) 14-16WKS ! 90 DAYS I 8-9WKS I I I ! I I 1 ~ 2.) (1) 750 KVA I $8,935.00 j $10,388.00 ) *$8,369.00 I $12,519.00 I $11,284.00 i I MFG { GE ! PAUWELS I COOPER ! SESCO VANTRAN ! I DELIVERY ) 14-16 WKS ! 12-14 WKS 16--18 WKS ! 90 DAYS B-9WKS ! I I I I I I 3.1 (1) 300 KVA ! $5,790.00 I $5,590.00 +$4,920.00 ) $6,025.00 $6,134.00 ! I MFG ! GE ! PAUWELS COOPER I SESCO VANTRAN DELIVERY ) 14-16 WKS ! 12-14WKS 14-16WKS I 60 DAYS 8-9WKS I ! I I I I I 4.1 (30) 50 KVA ! $739.00 ) $715.00 1 $685.00 I $663.00 1 $1,027.00 1 1 MFG I GE ! KUHLMAN 1 COOI,PR ) SF.SCO ( VANTRAN { 1 DELIVERY I 12-14 WKS ! 9-10 WKS 1 12 WKS I 60 DAYS ! 7-8 WKS { 1 E I i I I ! 5.1 (30) 25 KVA $444.00 I $515.00 ) $544.00 ) $447.00 ) $683.00 ! ! MFG I GE I KUHLMAN ! COOPER I SESCO I VANTRAN ! ! DELIVERY 12-14 WKS I 10•-11 WKS ! 9 WKS I 45 DAYS ) 7-8 WKS ! I I „ +179.00 I I "A r I I I I I ) ! I WELDED COVER I ! I ! I I I I I I I, I I I I I I I I I I I I ti le, , V '4 r• is Apnndo Nd. , - 7 Agenda IItlRI,~'se D3 In _4 _0? ~ y LOCITY of DENTON 114IUN.ICIPAL UTILITIES/9oi •A Texas Street/Denton,TX 76202 MEMORANDUM T0: Denise Harpool, Senior Buyer, Purchasing Department FROM: Donald L. McLaughlin, Electric Engineering Administrator A DATE: May 12, 1992 SUBJECTi BID No. 1359 ear.vcva=gaegL~lanr~aaavcvo~vo.~e_aco_a~~=e ~c ~e ~n»~~---asvot-~_~e~ q~e~ P The award for Bid 1359 to low bidders is as follows: 1. 150 KVA three phase 120/208 Techline, cost $3,455 each transformers to maintain stock 2. 750 KVA three phase 277/480 Techline, cost $8,649 each transformer to replace transformer change-out at FEMA 3. 300 KVA three phase 277/480 Techline, cost $4,568 each transformers to maintain stock 4. 50 KVA 120/240 conventional. single phase Priester Supply, cost $685 each, transformer to replace PCB contaminated transformers removed from the electric system 5. 25 KVA 120/240 conventional single phase SESCO, cost $447 each transformer to replace PCB contaminated transformers removed from the electric system Sally Beauty Supply is building a new computer center requiring a 300 KVA 277/480 pad mounted transformer, Change the quantity from one to two on the 300 KVA. Evaluation spreadsheet is attached. DLM:tn 05122377 Attachment % now i f' BID EVALUATION 1359 12.-May-92 03:03 PM 50 KVA 120/240 03:03 PM VENDOR_ MANUFACTURER _ 4UANITY NL TL _ LF _ PRICE EVA PRICE _DELIVERY WK _30 - - 146 -578 0.5 $679 $10,044 12-14 TECHLINE HOWARD POl LINE ELECTRIC KUHLMAN 3~ 123 _---_--_-537 0.6 _____$716_--_--X9,832 -9-16----_--- __-i04 -_--_---682 0,5 $688 12 _ - PAIESTER SUPPLY 0 OPER_ 30 _ 30 160 - 640 0.6 -----5663 84 _9__-- SESC- SESCO__, - - - - - - - --t CUMMINS.-_ PAUVUELS 30 _nb_ nb.-- ---_0.6 nb $1,000,000 - WESCO_- AB8- - - - 30 _-99 - 537 -0,6_ -----$815 _ $10,361. _8 9- - 36 VANTRAN _ _VANTRAN-__ 550 $1,027 _$11,956 7-8 TEMPIE GENERAL ELECTRIC - _--_-3p -_--105 6 5_ KBS ELECTICAL___ - ERMCO 30 116 _ 677 0 F - $697 _$9,960 10 _ L 30 PREFERRED SALES_ _CENTRAL MOLONEY-_ _ 1 _612 _ 0.6 ____$780 $10,151_ 12 PRIESTER SUPPLY _ 9,810 12 25 KVA_120/240 - 03:03 PM _ _ QUANITY ` __-NIL TL_-_ _TLF PRICE EVA, PRICE _DELIVERY WK VENDOR ` MANUFACTURER TECHLINE HOWAR30 67 329 - ------0.5-_ _--$469 __$6,326 _12 14 POLELINEELECTRIC KUHLMAN---___-- 3066 __-_---321 _ 0:6 -16_____ $6,439.._10-11 PRIESTERSUPPLY -_CC~OPEA---_ - 30 54 - ----ai5 0.5 ---$5-_ x,612 . 8 - - 30 SESCO - - -SESCO 85 _ 340 - 0.6 °$447 - -$6,237 7 - - CUMMINS PAUWELS- - - 30 nb- nb - 0.6 nb - -$1000'000 nb - _WESCO ABB----- 30 ---85- - -?9a 0.6 _-_6?81. ---_$6,688 VANTRAN-__-__- VANTRAN___ 30 50 _ 355 0.5 _ $6B3 $7 763 ._7 8 _ TEMPLE GENERAL ELECTRIb 30 65 - _ - 390 - 0 5 - _$?4`~ -1 -12 14 - K65ELECTICAL-_, ER_MCO 30 72 304 06 $505` _$6,317 10 - - - - 30 80_ 304 - 0.6 _$554 - $6,692 12 PREFERRED SALES CENTRAL MOLONEY__ _ SESCO_---- -------X237-7---- - I _ Q ~ dV y N V ~ iD o I ~ I V } n C ~4 BID EVALUATION 1359 12-May-92 03;03 PM 150 KVA 120/208 ANI7Y___ NL _ TL L VENDOR MANUFACTUR£R QU _ FPRICE _ _ -EVAPRICE DELIVERY WK 1ECHLINE - =10WARD---- - - - - 347 1895 _016 - ---~4`~6 623 _12-_14 POLELINE ELECTHIC _ PAUWELS__._... 6 297 - -__---1938 0.5 - ----$31894 _ _.__$43 8F2 _12-14 PRIES TER SUPPLY--- COOPER__ __---_6 --__----423 _ 1808 -0,6 14-18 1.400 0,6 $4 753 X48 184 13 CUMMINS. - - PAUIWELS--- __-6 297 1038 ---p4,331.._.12-14 - WESCO_-- - ABB - - - 5 345 --1470 - - _0,b ---54126 - $42,235 8-9 - - VANTRAN-_-. _ 5 400.- 1800 .-___548399 _ 8-9____------ LOW BID IECHUNE___ ---..$40,§23 -.12--14-- 750 750 KVA 277/480 0103 PM VCNDOR - -MANUFACTU- R ER- ---QUANITY- - --WK- - PRICEEVA ?RI CE DELIVERY ~ TECHLINEHOWARD_-__ 1 _ 1100 _ 6803 038 ---$8,649 _,-__108,393 _A?--14 POLELINE ELECTRICPAUWELS___-- 6522. 0.38. -_---_510 386 ----_$116,695 _12-14--- PR_IESTER SUPPLY COOPER_ 1 - 1210 - --7144, - -_0:38. -__-$8,L68 .-5109,298_ _ 16-18- - SESCO - SESCO_- - 1 -1470 6900 - 038-- -512,519 -5133984. 13-_ _ CUMMINS-_-- -_P_A_UWELS 6522 0.38 X10,700 ____118,792 -12-14 WESCO__ ABB - - 1 - - -1086 - 6081 - --0,38 - --511,333 -$123,173 8-9 - - - VANTRAN-__.--__ VANTRAN--- - ----_----1..-_-._-1300 i_----.b45D .------0.38 _ _511,284 ;1211271- 13-9 TEMPL£_^__-_~ _G_ENEFWLELECTRIC - 1 1107 _ 76310.388935 ____$115,0x5 14--16 _TECHLINE - - $108,993 _12-14_ 300 KVA 277/430 03:03 PM g - - VENDOR - MANi1FACTURER__ - QUANITY -_P1L - TL_ LF PRICE EVA. PRICE D 2LIVERY _ , _ 33i_ 93 0.38 $4568 $56,747 TECHLINE-_ HOWARD 1637 T PO: ELINE ELECTRIC PAUVVELS--------__-- - --1- 498 -3187 0.38. $5,690 _ $61,462 12-14 i P_R_IESTER SUPPLY COOPER 1. 677 __--3004- ----_-0_38 --_4,920 $57,398 _14_16. SESCO SESCO 1 -----_720 ___---2900 v_ 0.38-.___$6,925. __$64,9x0 CUMMINS PAUWELS_- 3187 _ 0.38 $6 730 __562 437 122=14 _ t- G~ A WESCO . ABB 1. 547. _--2680 _0,38 --$6,450 565,147 8 9 i VANTRAN VANTRAN__-- -_-1 646 2485 0.38 - --KIM _ -$62 728 --87-9 .__-_$5,790 _ _ $60,242 ,_14 -16_ - - OENERALELECTRIC__ -----_630 0 38 -fECHLINE___ _ ___56747 42-'14~__ ~R c~ .y konda No. ~pGy___-- Agendo Item-_/C?S -1-119 DAT)Ej June 2, 1992 CITY COUNCIL REPORT TO: Mayor and Members of tho City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1362 - TRUCK MOUNTED SEWER CLEANER RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for + each item. Item 1 Sewer Cleaner to Naylor Supply at $21,119.00 Item 2 Truck Cab/Chassis to Metro Ford at $18,995.00 - TOTAL AWARD $40,114.00 SUMMARY: This bid is for the purchase of a truck mounted sewer cleaning unit for the Water & Sewer Field Service Division. The unit contains a 600 gallon water tank, high pressure pump and 500' of high pressure flushing hose. This unit will replace a 1986 model flushing truck approved for replacement during the 1991-92 budget process. The 1986 unit has a total of $34,757.80 lifetime maintenance expenditures and $2,755.00 year to date maintenance cost. The lower price offered by Naylor Supply (their Bid #2) is an alternate and did not meet requirements for pump size and pressure. BACKGROUND: Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AF_F_F.rTED: Water & Sewer Field Service Division and Motorpool Operations. FISCAL IMPACT: This unit will be funded by a combination of 1991-92 budget funds and Motorpooi Fleet Replacement funds, 1991-92 Budget Account # 620-082-0471-9104 $7,168.00 Motorpool Account # 720-004-0020-8707 $32,916_00 $40,114.00 Respectf dli/ly submitted: Idoyd .llarrell City Manager Approved: 'I'S/jh 269. DOC I L114E 1362SEWER CLEANER HUDIBURG FONTAINE PRESTIGE ITX UNDERGROUND METRO FORD & TRUCK CHEVROLET TRUCK&EQUIP FORD 5-21-92 '-7M DESCRIPTION ~I VENDOR VENDOR I ` VENDOR I VENDOR I VENDOR c; E V I 1 l i II V : " N/B i $24,791.00 N/B I $21,885.57 N/B al , I SEWER CLEANER I I I ¢ MAKE I I AQUA TECH FMC I i MODEL I j SJ600E i I I I i I I I 2,1 TRUCK CAB CHASSIS I $21,850.00 I $240.00 ~ $19,624.00 ~ $2GMC40.00 i $F80,RD995.00 i I FORD i MAKE CHEV 6MC MODEL I CC7H092 I TC6HO42 i F6000 i TC6H042 i F6000 I I I I I I I I I *ADD $400 I I I I AT545 I I I i I I I I 1 SID N 1362 I I I I I I ~ I I I BID NAME SEWER CLEANER NAYLOR II1 I NAYLOR $2 I DAVIS TRUCK I I I I & TRUCK I SUPPLY I SUPPLY I & EQUIP OPEN 5-21-92 I ` I I _I _ I I I $ I ITEM DESCRIPTION I VENDOR i VENDOR I VENDOR I VENDOR i VENDOR ~ I I I I { 1.1 SEWER CLEANER i $21,119.00 I $18,724.00 I $23,973.00 I MAKE I SEWER EQUIP SEWER EQUIP I SUPER PROD. I I MODEL I 747286 I 747P I 30635 I I ~ I I I I 2.1 TRUCK CAB CHASSIS I $20,468.00 I $200468.00 I $21,240.00 { I I I MAKE I FORD I FORD i GMC I I I MODEL I F600 I F600 I T06HO42 I I ~ I ~ I I I I i I I I I I i I $21,240.00 ` $21,240.00 I I i GMC ! I TC6HO42 I TC6H042 I f A 7 M f. " A6enda No.. Ag nda Itam -~5..- DATE. June 2. 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager q SUBJECT: BID 41363 - COLLECTION SERVICES T RECOMMENDATION: We recommend this bid be awarded to the lowest bidder J. V. Smith and Associates at the bid rate of 18% of recovery only. Subject to Terms and Conditions of the above referenced bid. SUMMARY: This bid is for a contractual agreement to provide Collection Services to collect delinquent utility, ambulance and miscellaneous accounts for the City of Denton. The agreement will run through July 1, 1993. The cost to the City is 18% of recovered funds only. Tho references for J,V. Smith and Associates have been contacted and all were very satisfied with efforts, response, and recovery rate. BACKGROUND: Tabulation shoot. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Treasury Division of Finance Department FISCAL IMPACT: This contract is self sustaining. The cost is 18% of the recovered amount. There are no up front expenditures on the part of the City of Denton. Respe~ lly submitted: (1'10yv.-~ Harrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Department C 'T,S/jh c 268. DOC _ tt !a 3 kanda No. Agonda !toot BID # 1363 I I I C?]tQ Z J.V. SMITH I BOB LANDRY BID NAME COLLECTION SERVICE[ & ASSOC ! COLLECTION [ 1 f EXPRESS OPEN 5-5-92 I ! I ~I I ! N I ITEM DESCRIPTION I VENDOR I VENDOR [ I I ! ! 1.1 SERVICE FEE BASED UPON ! 188 [ 278 1 RECOVERY ONLY [ I [ ! I ! I I I I I ! I I I 1 I I ! I I I I fa..r 7 ry 1 AgoaulaPlo. __7 Agenda DA' June 2, 1992 CITY COUNCIL REPORT U TO: Mayor and Members of the City Council FROM: Lloyd V. Ilarrell, City Manager SUBJECT: BID #1364 - WATER TREATMENT CHEMICALS RECOMMENDATION: Council approve award of 3id #1364 - Water 'T'reatment Chemicals to the low bidders meeting specifications as shown on Exhibit A. This bid is for a one year period with an option for renewals if both parties are in agreement. Annual estimated purchases for all items combined are approximately $390,000.00. SUMMARY: This bid is for the price comparlson of water treatment chemicals used In water production, wastewater treatment, and. electric production applications. BACKGROUND: Tabulation sheet. PROGRAMS. DEPARTMENTS ORGROUPS AFFECTED: Water Production, Wastewater Treatment, and Electric Production, FISCAL IMPACT: Purchases made for these chemicals by the using departments will be charged against budgeted funds available in their chemical accounts. Respec j lly submitted: to d Harre 1 City Manager Prepared by: NameN elanfa llar Title: Buyer Appppr-ovved:(~ Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent Mll/ jh 266. DOC Agenda Ilem` (131e EXIT=BI'IV A BSD #1364 - WA'T'ER 2'E2EA2'SENT CHEMTCAL.S ITEM VENDOR COST 4 1. LIQUID CHLORINE HARCROS 141# 2. SODIUM HEXAMETAPHOSPHATE AMERICAN INT'L 55?h/# 3A. SODIUM SILICOFLUORIDE DPC IND. .2796/# 4. SULFURIC ACID SCHOLLE CORP. 63.00/TON 5. TETRAPOTASSIUM PYROPHOSPHATE DELTA DIST, .794/# 6. LIQUID CAUSTIC SODA DPC IND. 335.26/TON 7. LIQUID CAUSTIC SODA RAYON GRADE PVS CHEMICALS .18/# 8A. POTASSIUM PERMANGANATE HARCROS 1.36/# 9. ANHYDROUS AMMONIA AMMONIA SERVICES .17/# 10. LIQUID FERRIC SULFATE FE3 INC. 89.00/TON 11. SODIUM HYPOCHLORITE -NOT AWARDING- , C c a I . PACK 1 of 3 BID # 1364 I HARCROS 1 I 1 1 I r I ~ BID NAME WATER TREATMENT I CHEMICALS 1 SCHOLLE I RHONE- I FIANCOCK f CHEMICALS I INC. I CORP. POULENC INDUSTRIES IPVS NC. ALI {p PEN DATE 5_14_92 I I I I INC. I I i 1 o a. I QTY I ITEM DESCRIPTION I 1-------•I _I 1 VENDOR VENDOR I VENDOR I VENDOR 1 n I I 1- I I I VENDOR I t91 1200 TONS I LIQUID CHLORINE 1 1 1 ~I~~ 1^ I I 1 1 I I 1 .1400 # 1 NIB 1 N/II 1 N/8 I NIB 1 2.1150 BAGS f SODIUM I I f I I HEXAMETAPHOSPHATE 5973 # + NIB 1 N/H I 631 # I NIB i 3.1 900 SKS I SODIUM I I f 1 I I SILICOFLUORIDE 1 NIB 1 N/II I NIB I 355 # I NIB 1 3AI 900 SKS I SODIUM 1 1 i 2949 # I NIB I NIB I N/8 1 I I SILICOFLUORIDE 50#)1 1 I I I NIB 1 4.1 75 TONS 1 SULFURIC ACID 1 .0499 # 1 63.00 TON 1 I 1 I 172.65 TON I N11 178.00 TON I 5.1 1000 # I TETRAPOTASSIUM 1 .8174 # I I I i I { PYROPHOSPHATE 1 1 NIB I NIB 1 .81 # I NIB 1 6.1500 TONS ' LIQUID CAUSTIC SODA 1 .1700 # I I 1 I + N/8 1 NIB 1 +300.00 TON 1 340.00 TON I 7.112,500 # 1 LIQUID CAUSTIC SODA f .1900 # I I I I 1 RAYON GRADE 1 NIB 1 NIB I X340.00 TON + 18 # f 8.130,000 # 1 POTASSIUM PERMANGANATE 1 1.3239 # 1 NIB N/❑ 1.44 # I N/B I I 1 1 1 1 1 a' 8A130,000 # I POTASSIUM 1 1.36 # I 1 1 I I I PERMANOAtIATE (<50#) I i NIB I NIB I iJ/8 I NIB 9.172,000 # I ANHYDROUS AMMONIA I I I 1 I 1 I I NIB I N/9 1 N/8 1 NIB I NIB 1 101764 TONS 1 LIQUID FERRIC SULFATS 1 N/B I I I I N/8 1 NIB f NIB I NIB I 1113500 GAL I SODIUM HYPOCHLORITE I NIB I I 1 N/II N/II .85 GAL I I I 1 I I 1 1 N/B 1 f 1 I I I I I 1 1 DELIVERY 13-5 DAYS I 1 DAY I 2 DAYS I NOT SHOWN 1 4 DAYS I 1 1 1 I f I I I I 1 I I IFOB DEER PARKI I I I 1 + 1 13&8 FIRM 1 YRI I 1"+7..43CWT FRTI I C t i Ij l Page 2 of 3 ~o p ID 1 1364 I I I I I FE3 I ARKLA 1 AMERICAN I DPC I AMMONIA I ID NAME WATER TREATMENT I INC I CHEMICAL INT'L 1 INDUSTRIES I SERVICES 1 CHEMICALS I I CORP. ICHEMICAL INCI I INC. I PEN DATE 5-14-92 I I 1 I EW - I I i- i --I I QTY I ITEM DESCRIPTION VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I ~i I I I I I I I ei.1200 TONS I LIQUID CHLORINE I NIB 328.14 TON I NIB 1327.70 TON I NIB I I I J I I I I 2.1150 BAGS I SODIUM 1 NIB I NIB 1 55.24 CWT I NIB I NIB I I I HEXAMETAPHOSPHATE I I IAI.T 33.75/5001 I 3.1 900 SKS I SODIUM I NIB I NIB 55.75 CWT 27.95 1 NIB I I I SILICOFLUORIDE 1 I { I I 3AI 900 SKS I SODIUM NIB 1 N/B 1 NIB 13.98 1 NIB 1 I I SILICOFLUORIDE ~00)I I I { 1 I 4.1 75 TONS I SULFURIC ACID { NIB I NIB 1 NIB J NIB 1 NIB 1 I I J ! I 1 I I 5.11000 LBS I TETRAPOTASSII"t I NIB I NIB 1 NIB 1 .849 N I N/B I I PYROPHOSPhus I I I I 6.1500 TONS I LIQUID CAUSTIC SODA I NIB 392.00 TON I NIB 1335.26 TON NIB { I k I ! I I I I 7.112500 LBSI LIQUID CAUSTIC SODA I NIB I NIB I N/B I .1943 0 J NIB , I I RAYON GRADE I I 1 1 I 8.130,000 LBI POTASSIUM PERMANGANATE I NIB I NIB 1 NIB I 1.30 k I NIB I I I I I I I I I 8A130r000 LBI POTASSIUM I NIB I N/B NIB 1 1.3747 N I NIB 1 i I I PERMANGANATE (<50N) I I I I 9.172,000 LBI ANHYDROUS AMMONIA I NIB 1 NIB 1 NIB .1725 0 1 .17 0 J I I I ! I I I i 101764 TONS I LIQUID FERRIC SULFATE 1 69.00 TON 1 NIB I NIB I NIB NIB I I I f I I I I I I 1113500 GAL I SODIUM HYPOCHLORITE I NIB NIB I NIB I NIB NIB 1 I I I I I I I I 1 1 DELIVERY 1 1 DAY J 1 DAY 1 5-7 DAYS 1 2-3 DAYS 1 NOT SHOWN I I I I ! I I I I j Page 3 of 3 \ ID M 1364 I I I I I D.C.0. I MIDLAND I DELTA 1 CHEM I ID NAME WATER TREATMENT I INC RESOURCES IDISTRIBUT9RSI CENTRAL 1 V) CHEMICALS I INC. I I I VX PEN DATE 5-14-~i2 E NS I QTY ITEM DESCRIPTION I VENDOR VENDOR I VENDOR I VENDOR I i __I r i I I NO BID I d m l I I I I I z A1.1200 TONS I LIQUID CHLORINE 1 NIB I NIB ( N/B I i I I I I I 2.1150 BAGS I SODIUM I NIB I NIB 1 548 # I 1 HEXAMETAPHOSPHATE I I I I I 3.1 900 SKS I SODIUM I NIB I NIB 1 .2845 N I I SILICOFLUORIDE I I I I I 3A1 900 SKS I SODIUM 1 NIB I NIB 1 NIB 1 I I I I SILICOFLUORIDE 50#)] 4.1 75 TONS I SULFURIC ACID NIB I NIB 79.77 TON 1 I I I I i I 5.11000 LES 1 TETRAPOTASSIUM I NIB NIB 1 .794 N I PYROPHOSPHATE 6.1500 TONS I LIQUID CAUSTIC SODA I NIB NIB 1339.00 TON 1 1 1 ~ I l I I I 7.112500 LBSI LIQUID CAUSTIC SODA I NIB I NIB 1 .282 b I I I RAYON GRADE 8.130,000 LEI POTASSIUM PERMANGANATE I NIB I NIB 1 1.48 $ I I I I I I I 8A130r000 LBI POTASSIUM 1 NIB I NIB 1 NIB PERMANGANATE (<50k) 1 I I I {X 9.172r000 LBI ANHYDROUS AMMONIA I N/B I NIB J NIB 1 I I I 1 I 1 I i 101764 TONS I LIQUID FERRIC SULFATE NIB 1157.00 TON I NIB 1 I I ~ ! 1 I 1113500 GAT. 1 SODIUM HYPOCHLORITE 1 1.05 GAL ~ NIB I N/B I I I I I I I I I I I DELIVERY 1 1-2 DAYS 1 3 DAYS 1 1-2 DAYS I I I 1 I I I I 1 1 I *FIRM THRU 1 1 I I I I 18-31-92 1 1 1 1 1 I I I I C t a rrT 11 f r -1 x - - - - f CITY ~COUNCILL fff ~ ~ I 1 { ~ -k± }noaUOaovoo~ ~ f ` fat J fi 1-,- f 1 t f,: It 1`rt , iF t ,171-:~~tr_:::i „•EI-I t. # :t: :i. , i CITY COUNCIL REPORT FORMAT C- Pgnnda No .c?~. T.- PpendaItem- [L1._. ~f16 TO: Mayor and Members of the City Council (late FROM: Lloyd V. Harrell, City Manager Q~~tQf DATE: May 22, 1992 O l/ SUBJECT: Lease Between the City of Denton and the Cooke County College RECOMMENDATION: It is our recommendation that we lease the upstairs portion of the office area at the donated Moore building to the Cooke County College. 0 SIMMARY: We have been working on this lease project since October, 1991. The final negotiation resulted in a lease for 12,000 sq.ft. of upstairs office space to Cooke County College. This lease will create a revenue stream without having a negative impact on the implementation of the City's long range Master Space Plan. BACKGROUND: Phase I of the space Master Plan shows the Moore building having unused space into the year 2006. Cooke County College has approached us with the need to lease 12,000 sq.ft. of classroom and office space. They need to accomplish this as soon as possible to be ready for Fall classes. A community based, state supported community college provides technical/vocational, post secondary programs which reduce citizen outflow for retraining, reduce the load on social agencies by providing relevant, low cost education, and assist in attracting new business/industry. This Denton branch campus would bring into our community approximately $6,000 per student which either remains in the city when students can stay at home to attend the college or comes into the city from students who come from outside the City. At the present time, 360 students are anticipated for the 1992 Fall program with the possibility of continual growth. Cooke County College has approached the city several times over the past two years as they continued to search for appropriate lease space in both the Denton and Lewisville area. It was the college's contention that the Moore facility provided a readily accessible central office location that would be. most suitable fox their student population. P GRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Finance Department, Cooke County college, Municipal services and Economic Development, and Facility Management. i` r korio,i No. May 22, 1992 ftmdallum & `f Page - 2 Wtu FISCAL IMPACT: Revenue First 4 years $336,000 Second 6 years 540,000 Cost Participation (finish out) (144,000) c Roof (only if needed) ( 40,000) Yard Maintenance ( 12,000) Parking Lot Repair 2. 0001 Approximately Total Revenue $678,400 RESPECTFUL;oV SUBMITTED: Lloyd V. arrell City Manager Prepared by: Name Bruce He Title Superintendent o Facilities Management Appro4e~M 6 _ Name n Titleirector for Municipal Services/Economic Development C panda Na. X111 ~ A~lenda Ile/m_F_s-~c ~J co COOKE COUNTY COLLEGE 1620 W. CALIFORNIA STREET OAINESVILLE, TEXAS 70210.4600 a 61IMM-7731 METRO61714aaoaa2 a May 27, 1992 Detty McKeon Executive Director of municipal services and Economical Development City of Denton 215 East McKinney Denton, Texas 76201 Dear Betty: 2 have spont some time reviewing our joint eftorts toward delivering quality technical and cccupational educational opportunities to our constituents in Denton. Probably the most significant development in this whole process was the establishment of the Denton - Cooke County College Technical and occupational Council in December, 1987. The key to delivering such services to Denton citizens is, and has always been, the ability to deliver the programs at a coat students can afford. You are aware that oxiating legislation prevents public community colleges from constructing or purchasing facilities outside their taxing district with tax funds. Also, unlike senior colleges, community colleges do not receive funds through state appropriations for construction and maintenance of facilities, consequently all eosts.for but-of-district facilities must be borne by the ultimate beneficiaries, students enrolled in the educational programs. Certainly there is a limit to what they can afford or would be willing to pay. our efforts toward keeping costs to students reasonable have been enhanced through the generous efforts of the Denton ISD, TWIJ, and UNT in allowing Cooke County College t(,1 share their facilities at reasonable costs. The Denton Police Department permitted use of classrooms for criminal justice classes at no coat. In all cases, the casts have been passed on to the students in the form of building tine fees. ri (i Page 2 Ms, Betty McKeon May 27, 1992 The Denton - CCC Technical and Occupational council recognized early that stability and growth depended on , securing a permanent instructional facility and administrative headquarters. Bfforts toward securing a permanent facility included contacts with Moore Business Forms regarding their I-35 location, MaClay properties concerning the'Wood Hill Complex, and Newton Rayzor Mr concerning the old Bill Utter Ford location on University Drive, Results were that the facilities would require an unaffordable initial oapital outlay, or the long-term costs were more than students could afford on a pass through basis. You can be sure that Cooke county college is intent upon joining with you to provide educational services in Denton. in our view, your efforts toward providing facilities at reasonable Coats to Denton students are wise economic investments. A better trained work force and opportunities for continuing educational growth through in-service training of employees combine to make Denton an even more attractive place for those businesses and industries considering roloeaticn, sincerely, Whitten G. Williams Dean of Administrative Uervices dd Auoncia No, Ayontla Ilom__re,~:~n _ Arlo COORS COUNTY COLLEGE DENTON FACILITY Programs 1. Occupdtional Therapy Assistant (in cooperation with Texas woman's University) 2. Microcomputer Applications 3. Criminal Justice 4. Mid-Management 5. Office Administration 6. Legal Aaeiating (two courses in cooperation with Texas Woman's University) 7. Academic Support Courses for the above-listed progrdme, 0. Business-Induutry Training Projected Enrollment Enrollment at the Denton facility is projected to incroase by 400 to 600 student registrations (duplicated count in which students taking more than one class are counted more than once). In Spring, 1992, 407 student registrations occurred at the various Denton sites (TWU, Denton High Schopl, and the Denton Police Department). Consequently, tho total enrollment (student registrations) at the new Denton facility is projected to be between 800 and 1,000 for Fail, 1992, C e:wpdocsVookco Agenda No. Qenda llam c?~ ~ ORDINANCE NO. k AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A LEASE BETWEEN THE CITY OF DENTON AND COOKE COUNTY COLLEGE; AMENDING THE BUDGET TO APPROPRIATE FUNDS FOR BUILDING IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Cooke County college has offered to lease part of the Moore Building for classroom space; and WHEREAS, the City Council believes the Lease would be " beneficial to the City; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1;. That it approves the attached Lease between the City of Denton and Cooke County College and authorizes the Mayor to execute the Agreement on behalf of the city. SECTION 11. That the 1991-92 budget is amended by approving the appropriation of. $144,000.00 for payment to account number 100- 032-0002-9101 from the unappropriated fund balance of the general fund to pay for the Tenant Improvements required to be made by the City under the Lease. This ordinance approving a budget amendment has been approved by the affirmative vote of at least five votes of the Council, a copy shall be filed with the City Secretary, a copy shall be published in the next issue of the official newspaper of the city, and a copy shall be attached to the 1991-1992 budget, all in accordance with the requirements of section 8.08 of the City Charter. SECTION III. That it authorizes the expenditure of funds in accordance with the term of the Agreement. SECTIOPC IV. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of _ , 1.992. BOB CAS'T`LEBERRY, MAYOR 51 Nonda No. ~ Agonda llam_!C6 wto ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNE. r' BY: PAGE 2 e r. f, cooke.k 120.1,14 Aunnda No. _ _~.1~_~-d Agenda 11om._s" 0.110 LEASE BETWEEN THE CITY OF DENTON AND COOKE COUNTY COLLEGE FOR CLASSROOM AND OFFICE SPACE AT 601 EASY' HICKORY, DENTON, TEXAS This lease of improved real property is made between the City of Denton, a Texas municipal corporation, and Cooke County College, The parties agree as follows; ARTICLE I. DEFINITIONS 1,01, City. The City of Denton, Texas, e 1.02. Hazardous Substance. Any toxic, ignitable, reactive or cot,rosive substance regulated by any federal, state or local law or regulation, including materials and substances defined as "ha- ous waste," "extremely hazardous waste,11 or as a "hazardouszsub- stance" under those laws or regulations, 1.03. Lease. This lease agreement. 1.04. Leased Property. The approximately 12,000 square feet of enclosed space located on the second floor of the Moore Building leased to Cooke, as shown in Exhibit A, attached to and incorporat- ed into this Lease by reference, 1,05. Cooke, Cooke County College, 1.06, Moore Building, The building owned by the City located at 601 East Hickory, in the City of Dentcn, Texas, in which the Leased Property is located, 1.07. Parking Area. The employee, student, and guest parking area designated by the city for Cooke ,s use, as shown in Exhibit D, attached to and incorporated into this Lease by reference. i tion Tenant to beI made etonthe Lased pPro pert b tethe C e and accordance with the plans furnished to Cooke prior tc executiont in this Lease. n of ARTICLE II, LEASED PROPERTY) COMMON AREAS AND PARKING 2,01. Leased Property, City leases to Cooke and Cooke leases from the city the Leased Property, The City does not warrant the square footage of the Leased Property and neither liable to the other for any reimbursement, reduction aincrease, or adjustment in rental payments because the square footage of the Leased Property is more or less than 12,000 square feet. PACE 1 C r AutmOIlurt~ OJIO 2.02• Use of Leased Property, Cooke may use the Leased Pro- perty for office and classroom use and for no other use unless it first obtains the City's written consent. Cooke shall not do or permit anything to be done in or about the Leased Property that will obstruct or interfere with other persons' rights occupying the Building. Cooke shall comply with any law, statute, ordinance, rule or regulation affecting the Leased Property. 2.03. Common Areas, cook shall have the right of access to the Leased Property by the use of the common area shown in Exhibit 4 A. Cooke may use other hallways, stairways, exits, sidewalks, and other common areas as permitted or designated by the city in accordance with any written regulations made by the City, 2.04. Parking Area. The City shall furnish to Cooke vehicular parking space for Cookers employees, students, and guests. The City shall provide Cooke with a minimum of 100 parking spaces. The location of the designated parking may be change6 from time to time by the City on prior written notice to Cooke, The City ma,y adopt and enforce written regulations regarding the use of the parking areas provided to Cooke. The city shall provide lighting for the parking area as agreed to by the parties, 2.05. Hazardous Substances, Except for pesticides dispensed in accordance with Federal and State laws or regulations, Cooke shall not cause or permit any Hazardous Substance to be used stored, generated, or disposed of on the Leased Property without the City's written consent, ARTICLE III, TERM AND TERMINATIon 3.01. Term, This Lease shall begin on June 5, 1992, and shall terminate on June 4, 2002, unless earlier terminated as pro- vided in this Lease. 3.02. Termination. Except for termination for a breach of this Lease, this Lease may only be terminated, by either party giving six (6) months prior written notice to the other, in the following cases (a) By mutual agreement of the parties or (b) The of col coveringothe culerrigeulfunding by the extended state favilities Texas, that` are cathe subject matter of this Lease. 3.03. Reimbursement for Tenant Improvements. The city is to be reimbursed through rental payments for its expense in making the Tenant Improvements, It is contemplated that after four (4) years the City will have recei./ed complete reimbursement for the cost of the Tenant Improvements and any termination after four (4) years will not require additional payment by Cooke. if the Lease is terminated during the first four (4) years and the total rental payments have not covered the City's cost of the Tenant Improve- ments, cook shall reimburse the city the amount by which the City's PAGE 2 Agenda No. v/y Agorida W10 cost of the Tenant Improvements exceeds the total rental payments made by Cooke. ARTICLE IV. RENTALS AND PAYMENTS rent alel.(basedinonringnRent. Croke Of pay to the city monthly $7,000,oo per month through July 31, 1996, f0 per square foot) or the Leased Property, y, the ed of the 4.02. Adjusted Rental, Beginning on August 1, 1996, and to r rentals (based ondan annualCrate hall pay to the City monthly $70500.00 per month, for. the Leased property per square foot) of 4.03. Starting Date for Monthly Rent. If the Tenant Improve- ments are not completed so that the Leased property is ready for occupancy on or before August 24, 1992, Cooke's first monthly rental payment shall not be due until January l, 1993. If the Leased Property is ready for occupancy on or before August 24, 1993, the first monthly rental payment shall be due on the City's first business day, fifteen days following the date the city gives written notice to Cooke that the Tenant improvements are complete. 4.04, Payments. Rent shall be paid monthly, in advance, with- out notice, demand, counterclaim, set.-off, or abatement, Each successive monthly rental payment shall be due on the same business day of the same week as the first monthly rental payment, Rent shall be paid at the Finance Department of the City, Accounts Receivable, 215 E. McKinney, Denton, Texas, 76201, unless Cooke is notified otherwise. 4,04. Due Date. All rent paid by Cooke after the tenth (10th) day of the due date will be delinquent and shall include an addi- tional monetary penalty equal to five percent (5%) of the rental amount due, or the maximum lawful rate of interest permitted by law, if less than five percent (5%), 4.OS. Destruction of Leased Property. is damaged by fire or other casua:I*tyreshalltlbelJabattedpin pro- portion to the portion of the Leased property rendered untenantable until repairs of the Leased Property are completed. d fifty percent (50%) of the Leased Property becomes untenantIf more than to fire or other casualty, either party may terminate this LeaSL F•f giving written notice to the other, other than the rental abate- ment, no damages, compensation, or claims shall be payable by the City to Cooke for loss of the use of all or part of the Leased Property, Cooke's personal property, or any inconvenience, loss of business or profit, or annoyance aY sing from the repair or recon- struction of the Leased Property. PAGE 3 r. Aeonda No.-d/;I~ Agenda Ilom_.. _teA, - ARTICLE V. UTILITIES AND SERVICES 5.01. Utilities. The City shall arrange for and pay for cold water and sewer service to the Leased Property. Cooke shall arrange for and pay for electricity, natural gas, solid waste removal, telephone service and any other utility services for the Leased Property. 5.02. Heating and cooling. As part of the Tenant Improve- ments, the City will furnish a new air conditioning and heating system for the Leased Property in good operating condition. After Cooke occupies the Leased Property, the air conditioning and heat- ing system shall be maintained and repaired by Cooke at its cost. ° The city shall assign to Cooke any assignable warranties on the heating and cooling equipment installed by the City. 5.03. Janitorial Service. Cooke shall provide for janitorial . services for the Leased Property and, until city employees perma- nently occupy the Moore Building, the common areas inside the Moore Building used by Cooke. The City shall maintain the areas outside the Moore Building, including parking areas. 5.04. Elevator Service. After occupancy of the Leased Pro- perty, the elevator providing access to the Leased Property shall be under Cooke's exclusive operation and control. Denton shall make any repairs necessary to put the elevator in good operating condition on the date the City gives notice to Cooke that the Tenant Improvements are complete. After that date, Cooke shall maintain and repair the elevator as necessary to keep it in proper working condition. ARTICLE VI. IMPROVEMENTS, ALTERATIONS AND REPAIRS 6.01. Tenant Improvements. (a) The City shall pay for the Tenant Improvements for the Leased Property, subject to a maximum expenditure of one Hundred Forty-four Thousand Dollars ($144,000.00) (being a maximum expenditure of Twelve Dollars ($12.00) per square foot for the 12,000 square feet of leased space). To provide for the Tenant Improvements, the City shall solicit sealed competitive bids in compliance with State law. After the bids are opened, the City manager or his designee shall notify Cooke in writing of the bid it will recommend to the City Council as being the lowest responsible bid for the Tenant improvements and the date of the schedules award. (b) If the recommended bid exceeds $144,000.00, Cooke shall, at least five (5) days prior to the date scheduled for the award of the contract: (1) Terminate this lease by giving the City written notice; or PAGE 4 i c 1 1. ti. A{Innzla No. Agenda lu;m' e, f ~ (2) Give the City written notice of the Tenant Improve- ments, if any, it wants deleted from the contract) and (3) Pay to the City the amount, if any, by which the recommended bid exceeds $144,000.00, after any deletions are made, and should Cooke fail. to timely make the payment a required herein, the city may immediately terminate this Lease without notice or liability to Cooke, (c) The Tenant Improvements shall be provided in accordance with the following schedule: (1) The City shall send out bid invitations by June 3, 1992, (2) Bids shall be opened by June 17, 1992, (3) The contract shall be awarded by June 23, 1992, (4) The contract awarded shall specify that the Tenant Improvements shall be completed by the contractor within fifty-one (51) clays after the date the contract is awarded, (d) The City shall supervise the construction of the Tenant Improvements. Upon completion, the Tenant Improvements shall conform to all city building codes and State and Federal laws and regulations, including requirements for access and use by disabled persons. The city shall use its best efforts to require the con- tractor to timely complete the Tenant Improvements, but the City shall not be liable to Cooke for any claims, loss, or damages, and Cooke shall not have the right of termination, because of the con- tractor's default or delay in constructing or completing the Tenant Improvements. The cost of any changes requested by Cooke after the award of the bid shall be at Cooke's expense, The City shall noti- fy Cooke in writing when the Tenant Improvements are complete. 6.02. Root and Exterior Repairs. The City shall keep the roof and exterior walls of the Leased Property in good repair, excluding the replacement of glass, but the City shall not be liable to Cooke for lost revenues, profits, damages, claims, or losses of any kind, including loss or damage to cook's personal property because of the city's failure to make timely or adequate repairs, 6,09. Interior Repairs. Cooke shall keep the Leased Property and all fixtures and improvements therein in good condition and repair. 6,04. Additional Alterations. After completion of the Tenant C Improvements, Cooke shall have the right to make additional alter- ations to the Leased Property, if first approved in writing by the City. In making alterations, Coke shall comply with all Federal, state, and local laws, regulations, or ordinances, including the PACE 5 r, A 0f](1a No. 11' mod/ issuance of permits and the payment of fees, Any alterations of the Leased Property mandated by any Federal, State, or local law or regulation enacted during this Lease, shall be done at Cooke's expense. All alterations shall be clone so that no liens attach to the Leased Property, Alterations shall belong to the City, without compensation to Cooke, upon expiration or termination of this Lease. 4 6.05. City Approval of Planst compliance with Laws. Any provision of this Lease providing for the city's approval or disapproval of alterations to the Leased Property applies to the city acting in the capacity of the landlord or owner of the Leased Property and shall not apply to the City's review, approval, or disapproval of any plans for alterations when acting in its capac- ity as a governmental entity administering and enforcing building codes or other laws or regulations, 6.06, Signs. Cooke shall not post any signs on the Leased Property without the approval of the city as landlord. Any signs approved by the city as landlord shall comply with the City's ordi- nance regulating signs. ARTICLE VII. SECURITY, 7.01s Cooke Responsible for security. The City makes no warranties or, representations that the Leased property, the area outside the Leased Property, the common areas, the Parking Areas, or any other City property used by Cooke's employees, students, and guests under this Lease, are safe and secure from the criminal acts of any person. Cooke, and not the City, shall be responsible for providing any guards, fences, or other, security devices, including additional lighting, that may be required to protect Cooke's em- ployees, students, or guests, or their property, from the criminal acts of any person, while they are on or making use of City pro- perty under this Lease, 7.02. Use of Security Devices. Cooke may install additional lighting, provide security fencing, signs, retain security guards, or provide other security measures or devices to protect its em- ployees, students, or guests, or their property, from the criminal acts of any persons, on or about the Leased Property, the property outside the Leased Property, the commotr•areas, the Parking Area, or any other City property used by Cooke's employees, students, and guests, under this Lease. Any security device provided by Cooke that requires attachment to or the alteration of the Leased Pro- perty or the City's property must be approved by the City in wrlt- ing prior to installation, C PACE 6 r. ARTICLE VIII. INSURANCE AND INDEMNITY 8.01. Insurance. During this Lease, Cooke shall maintain: (1) Comprehensive general liability insurance insuring Cooke against any liability arising out of the use or occupancy of the Leased Property, the area outside the Leased Property, the common areas, elevators and stairwells, the Parking Area, and any other property used by Cooke, its employer's, students, and guests. The insurance shall be in an amount not less than one Million and No/100 Dollars ($1,000,000.00), combined single limit for injury to, or death of one or more persons and for damage to tangible property, in any one occurrence. (2) Standard form property insurance insuring against the perils of fire, storm, and other casualty. This policy shall cover all property owned by Cooke located on the Leased Pro- party, including furniture, fixtures, and other personal property in the amount of the full replacement value of the property. The policies shall provide for a minimum of thirty (30) days written notice to the city prior to the effective date of any cancellation or lapse and be issued by a company authorized to do business in the State of Texas. A copy of the policies shall be provided to the City. 8.02. Lessor's General Liability Insuranoe. During each year of the term of this Lease, the City shall obtain lessor's general liability insurance coverage in the same policy amount as the com- prehensive general liability policy required by Cooke in this sec- tion, to protect the city against claims arming from any act or occurrence related to the use of the Leased Property or the City's property under this Lease. The City shall bill Cooke and Cooke shill pay to the City annually the cost of obtaining the policy within thirty days of the date the City bills Cooke, ARTICLE IX. TAXES 9.01. Taxes. Cooke shall pay before delinquency, any and all taxes, fees or other assessments levied, imposed or assessed against the Leased Property, Cooke's leasehold interest, equipment, furniture, fixtures and personal property, during this Lease. X. CANCELLATION 10.01. Default by Cooke. If Cooke fails to comply with any term of this Louse, the City may give Cooke written notice of the breach and request Cooke to correct the breach, should Cooke fail to correct the breach within thirty (30) days following receipt of the notice, the City has the right to terminate this Lease by giving Cooke written notice of termination, PAGE; 7 \ ti r, Nonda No, Agenda Ilem,_ Za~^!?_ Y Rile /,0 X 10.02. Default by City. If the City fails to comply with any of the terms of this Lease, Cooke may give the city written notice of the breach and request the City to correct the breach. Should the City fail to correct the breach within thirty (30) days fol- lowing receipt of the notice, Cooke has the right to terminate this Lease by giving the City written notice of termination. 10.03. Removal of Personal Property. Upon termination of this Lease, Cooke may remove its personal property if removal does not < cause damage to the Leased Property. Cooke shall remove all personal property from the Leased Property within ten (10) days after termination. If Cooke fails to remove its personal property, the City may retain possession of the property or sell the property and keep the proceeds. 10.04. Repairs. Upon termination of the Lease, Cooke shall leave the Leased Property in a neat and clean condition and shall repair any damage to the City's fixed improvements caused by the removal of Cook's personal property, 10.05. No Waiver. The failure of the City to declare this Lease terminated upon Cook's default or the city's acceptance of rentals after default shall not waive the City's right to cancel this Lease for a later default. XI. MISCELLANEOUS PROVISIONS 11.1.01. Entire Agreement. This Lease is the entire understand- ing of the parties and supersedes all other agreements between the parties covering the subject matter hereof, Any modification of this Lease shall be in writing and signed by both parties. 11.02. Subletting or Assignment. Cooke may not rent or sub- lease the Leased Property or assign this Lease without the prior written consent of the city, 11.03. Successors and Assigns. All provisions of this Lease shall be binding upon the parties and their legal representatives, successors or assigns. 11.04. Severability. If any provision of this Lease is declared void or illegal by any court, the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 11.05. Notice. Any notice given by one party to the other under this Lease shall be in writing and shall be sent by prepaid registered mail, return receipt requested, as follows; i PAGE 8 y f NoPda No.._._~a- d/7 Agoatla Ilom,.1PS- To the City; To Cooke; City Manager President City of Denton Cooke County College 215 E. McKinney 1525 West California Denton, Texas 76201 Gainesville, Texas 76240 Notices shall be deemed to have been received on the date shown on the receipt, if sent by certified mail, or on the date received, if delivered by hand. 11,06. Headings, The headings are intended for convenience of Of reference only and do not define or limit the scope or meaning of any provision of this Lease. 11,07. Coat, Whenever this Agreement requires or allows a party to perform an act, it shall be done at that party's cost, if any, unless stated otherwise, 11,08. Authority. Each party represents to the other that they have the lawful authority to enter into this Lease. IN WITNESS WHEREOF, the parties have executed this Lease the r _ day of 1992. CITY OF DENTON, TEXAS, THE CITY BOB CASTLEBERRY, MAYOR ATTESTI " JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: COOKE COUNTY COLLEGE C BY; BL'D JOYNER, PRESIDENT ~ ; PAGE 9 e a.l -CITY- CUUN'C)"t. { fild ; :ri, i MMMI'll ITTT I_ E~ °o~oa~onaaa ~o~~o r I i Apnda NO, - Agonda 0M.119 -DATE; June 2, 1992 h CITy-COUNCII, R[ k?OR'I'_H'01{MAT 1110; Mayor and Members of the City Council. ROM: Lloyd V. Harr-111 City Manager SUBJECT; Consider an ordinance changing the name of 1:1a Beautification Commission to the Keep Denton Beautiful Board 5 ICEL IhLU MMNSt The Beautification Commission recommended approval oil flay 1, 1992. 100 SUMMARY t The change would mako the name consistent with national and state organizations, I.e. Keop America Beautiful and Keep'rexaa Beautiful. At this Lime their is some confusion created by the Beautification Commiasion directing the Keep Denton Beautiful program. By changing the name used all references will be to Keep Donton Beautiful. fig".EOROUNDk The City Council adopted au orcilriance in 1991 ostnblishing tho BeautiflcaLlott Commission, The Commlasiun was formerly recognized as tLe Blue Ribbon BeaaLificaLlon Task Force appoltited in 1987. Koup Denton Beautiful organizos and Sponsora a variety of prUgrama including the GLAD Nag-A-Thor, Adopt-A-,Spot, oducational curriculum on waste manngomenL, .1 Itter prevention and recycling, Yard of the Month, True City USA, Arbor Day and landscaping projecl.s. j'900lOT-i_DP!?/tifl'M)MS UR_OROUI'S A[VECTED: IIenutificution Commission members and CommunILv Improvement fI-$CA IMhhCT No Impact Rcspcctf ri'ly subml (.ted: Prepcu'ed bv: I,lovd V. Harrell CiLy Manager Cecile Carson Community Improvement CoordiuaLor App oti ~dt uFill s ava the City Manager Assla,aut, to c~ n - Agenda Ilem.,ei. - . taro __~_-o? 1z~ DL1N'1'ON BEAU'FIFICATION ADVISORY COMMISSION MINMIES MAY 4, 1992 PRESRN'r, John Cooper, Dick Angle, J. B. Smallwood, M,u•Lha Len Nelson, and Gertmdo Gibson 81'AFF: Cecile Carson, Keep DenCon Beautiful. Coordinator, D. J, Branham, Clerk 'Pypint III, and Jesus Nava, M.slstant to Lhe City Manager, Nonti Garner, florticulturist, Owen YosL, Planner IT, COMMTTTEE REPORTS D. MUNICIPAL OPERKNONS Dick Lingle, Chair or the Municipai Operations Commil',Leo, st,aLecl Lhal, he 1'ell, that. Cho Commis,,ilon 13hou.l.d change iLs name to the Keep Donton Beautiful hoard. Ile stated this would make the. name consistenL with other orrgar.irations in tl-ua state. Dick Engle made it lilt) LLoll Lo rnC0111MOnd Lo Cho City Counctl Oint the name of the Deauf.l f'lcat i on Commission bu changed Lo the Keep DeI I L o I I Beatitirul Bonru. Svcnnded by J.B. SIIIa11,wood. McLioit carried. Mr. Pngln fzta+- od LimL he had con Lac Led Denton Depot abollL. t.lle design for a Iape J pin. 'I'ho Comm i:4sion di(,cus"cd n roct.angular pin design wit'll Lhe, logo and no words. Vie Comm ksi:, agreed Lhan pill" would be atn excelleul, membership benrriL, i c .i ALL00231\210. 5h A9000 No, W o..'a- ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 2-80 AND 2-81 OF THE CODE OF OR- DINANCES OF THE CITY OF DENTON CHANGING THE NAME OF THE BEAUTI- FICATION ADVISORY COMMISSION TO THE KEEP DENTON BEAUTIFUL BOARD; CHANGING ALL REFERENCES TO THE COMMISSION TO THE BOARD; AMENDING SECTION 2-81 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON CHANGING THE NAME OF THE ENFORCEMENT AND BEAUTIFICATION DIVISION TO THE COMMUNITY IMPROVEMENT DIVISION; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That Chapter 2 of the Code of Ordinances of the City of Denton is hereby amended by amending Sections 2-80 and 2-81 which shall hereafter be and read as follows: 800. 3-60. Re6p Denton Beautiful Board. That the Council hereby establishes the Keep Denton Beautiful Board. The Keep Denton Beautiful Board shall consist of eleven (11) members to be appointed by the City Council. The members shall be appointed to serve a term of two (2) years, commencing July 1st of the year appointed, provided that six (6) members shall be appointed each odd-numbered year and five (5) members each even numbered year. The Council shall, when considering the members to the Board, appoint six (6) members to serve a two (2) year term and five (5) members to serve a term of one (1) year. The Board shall elect a chair from among its members, who shall serve for one (1) year or until he or her successor is elected. The Board shall serve without pay and shall adopt such rules as may be necessary for the regulation of its business and affairs. See. 2-82* Duties and Functions, beshall counciltandeshallBoard responsibl.enfor making rreccapacity to ommendations the Cthe city council, Planning and zoning commission, Public Utilities Board, Parks and Recreation Board and other appointed boards or commissions regarding issues and ordinances affecting the appear- ance and the environment of the City and the entrances into the City. The Board may establish such committees as necessary to carry out the purpose of the Board, The Board shall serve as the Tree Board for the purposes of implementing the Tree city USA Pro- gram by making recommendations with respect to the public tree-care policy for planting, maintenance and removal of public trees and implementation of a community forestry work plan. The Board may \ make recommendations to the city Council regarding the budget of the Community Improvement Division. 1 Agenda It//em_,~5~ Utl1o ._Ca~ SECTION II. That all present members of the Beautification Advisory Commission shall continue to serve their present terms and in their same capacities as members of the Keep Denton Beautiful Board, SECTION III, AD ordinances or parts of ordinances in force F when the provisions of this ordinances become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV. That this ordinance shall become effective imme- diately upon passage and approval. PASSED AND APPROVED this the day of , 1992. BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: " APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCHO CITY ATTORNEY BY., Page 2 y ti t#- 1411-. C I T Y COUNCILS: ~J4i{ 1{t ~ t~ _ l ,L E.-I ppSlOtiF 9) .~[n E'I v:A ii ((I O ,v s fly t E~#~~Gn~Y~Q;;LOfl~'~~OU~> - J- ~Tl r. ~ 'w l al r. i.. Aflenda No. Agenda Uem°.~Q_,fa__ ~ Rite DATE: June 2, 1,992 CITY__C_,'OUNCI_L REPORT F~'UR TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager w SUDJECI: Consider adoption of an ordinance allowing alternative methods of notification for grass and weed violations RFCOMME,1'DATiON: The Community Improvement Division recommends approval of the SUMMARX( The proposed ordinance would provide several alternatives in the notification process. Based on state law if the owner of a property does not have mail service, the City must give notice by another method. The current city ordinance requires that the notice be published in the newspaper at least twice within ten consecutive days, The proposed ordinance would authorize two other alternatives allowed by state law: posting the notice on or near the front door or posting the notice on a placard attached to a stake driven Into the ground. The two new alternatives would be more effective and less costly to the city. The notice posted on the property will be a visible reminder to owners that they should keep their property maintained and at the same time show that the city is working to correct the violation, The proposed ordinance also provides for an annual notice to assist in dealing with repeat offenders, A new provision states, "That if, in one growing season (usually April to November), the property owner falls to correct a violation after notice is given, the City may enter the property throughout the growing season as necessary to correct future violations without further notice,,." This provision would provide staff with the ability to mow properties that routinely are in violation of city codes, When the city mows a property, the owner is charged for the muwing costs and an $80 administrative fee is added. We also believe that this provision will influence the owners of larger tracts to hire contractors to maintain property on a schedule rather than waiting for a City notice, The ordinance provides wording that must be included In the notice so that the owner is aware of the need to keep the property maintained, air CIGI2UND: Community Improvement receives numerous complaints about maintenance of vacant tracts or unoccupied tracts each year, One group of residents in the, Northwood subdivision appeared bafore the City Council to complain about seven lots owned by Universal. Management Corp, of Miami, Florida, Although the owner mows the property they will not complete the work until the city sends them a notice, The Officer for the area has repeatedly requested that the owner schedule mows every six to eight weeks, but the owner to this date has declined. We believe this A ordinance would be an Incentive for them and others Lo begin scheduled mowings, 4( 1 r and Agondo Page 2 a 5 [3`1CKGRDU D fcontiliuedi , Under current ordinance, each time that a violation exists a notice must be sent, to the property owner and the owner is given ten days to correct the violation. If the notice is returned, within ten consecutive the city must publish the information at leasntattwv days in the city's official newspaper, The Alter e iiesce provided will eliminate the need to most cases to publish the notice In the newspaper and the $20 to $25 advertising costs, In Addition In cases where the city routinely maintains t;,e property, it will reduce the time It takes to get the properties mowed, a PROORA S _pCRTMENTS OR CROUYS~,'FEC 'D; Community Improvement, City Contractor, and repeat offenders FISC L [rIPAC'P; As a result of the ordinance, we anticipate reducing the advertising costs to the city by $300 or more, Respect Iy submitted; Prepared by; _ Ha rrel o G'ity Manager Alyd Cecile Carson Community Improvement Coordinator Approved., ek3U3 aYA Asst ant to the City Manager • t3Q0.2.2 Ayanda No.._~ J 7 Agnnda Item /t~.S ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 20-72 OF THE CODE OF ORDINANCES TO PROVIDE FOR ALTERNATE METHODS OF GIV- ING NOTICE OF GRASS AND WEED VIOLATIONS; PROVIDING THAT THE CITY MAY CORRECT REPEATED WEED AND GRASS VIOLATIONS IN ONE GROWING SEA- SON BY MOWING WITHOUT FURTHER NOTICE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; r SE TI N 1. That paragraphs (a), (b), and (c) of section 20-72 of Chapter 20 of the Code of ordinances are amended to read as follows: Sao. 20-72. Notice to owner of violationst abatement by city; collection of costs; appeals. (a) Notice of violation. If the owner of property fails or refuses to comply with section 20-71, the City shall give written notice to the property owner. The notice shall be delivered to the owner or mailed to the owner's post office address. If delivery in person is not possible or ,if the owner's address is unknown, notice shall be given by; (1) Publication in the City's official newspaper at least twice within 10 consecutive days/ (2) Posting the notice on or near the front door of each building on the property to which the viola- tion relates; or (3) Posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. (b) Contents of notice. The notice of violation shall contain a statement: (1) setting forth the requirements of section 20-71; (2) That the owner has ten (10) days from the date of this notice to correct the violations (3) That if the owner fails to correct the violation, the city will enter upon the property and mow or have it mowed; r, kpida No. L~ Apentla ltem_~S' U P~ z3- (4) That if the owner fails to pay the costs thereof, a lien shall be filed against the property to secure all costs and fees; and (5) That if, in one growing season, the property owner fails to correct a violation after notice is given, the city may enter the property throughout the growing season as necessary to correct future violations without further notice + to the owner and may assess the costs thereof as provided herein. (o) city may correct violation. If, at the expiration of ten (10) days after notice is given, the owner fails to correct the violation, the City may enter upon the property and do the work, or pay for the work to be done, as necessary to correct the violation. If, in one growing season, the property owner fails to correct a violation after notice is given, the City may enter the property throughout the growing season as necessary to correct future violations without further notice to the owner and may assess the costs thereof as provided herein. SECTTOI-!I. That paragraphs (c), (d), (e) of section 20-71, as set forth prior to this amendment, are respectively retitled as paragraphs (d), (e), and (f), to conform to this amendment. SECTION 111. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the city Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the city of Denton, Texas, within ten (10) days of the date of its passage. _9LQ_Z ON IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sun not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SEQjjQjJ_y. The provisions of this ordinance are separable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR PAGE 2 i f~ I '11 ~f 1 i Agenda No. _ ! e~ r Agenda Ilnm,.__- -9_a ATTEST; JENNIFER WALTERS, CITY SECRETARY _ BY: APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOJITCH, CITY ATTORNEY a BY: PAGE 3 N e r 1 t r -rr - 4$ - IS, =CIT :,r E +:C 0 UNC IL. rt~t, rte I lit . r rti W- lj~ #a r . + off Ai t of 11 t { { {a 't~'13t,.trttE,Etlrr? tlfti f~~~:;.~~:1:~, tE ,E,J;t;lE;t3t,:ta-il! ° t.J,hti r:;" , i. ,y a .a lgonda No, -9Y ~1.. _ Agenda I em 5 CITY of DENrON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 668.8307 Office o1 the City Manager MENlOI2.ANDUM[ TO, Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATEi May 27, 1992 SUBJECTS No Parking on Texas Street Attached are two ordinances which would eliminate parking on the south side of Texas from Crawford St, to 50 feet west of Ruddell. As you can see from the back up information from the Citizens Traffic Safety Support Commission, there was some neighborhood concern which was the reason that the original ordinance contained a section that moved 50 feet away from Ruddell. That original ordinance eliminated parking completely. As you can see, the second ordinance would eliminate parking from 7:00 a.m. to 5100 p.m. Monday through Friday which would take care of the problem caused by our employees. Council may choose to do either one. We thought it was appropriate to lot them have a choice. If you further questions, please call. Rick Svehla Deputy City Manager RSibw AMM000156 t f Appnda late CTSSC MEMO April 2, 1992 ITEM 3 NO PARKING ON THE SOUTH SIDE O TEXAS STREETS. The City is requesting no parking on the south aide of Texas Street between Crawford Street and Ruddell Street. Currently, City employees park on both the north and the south aides of Texas street between Crawford Street and Wood Street, on the north side it is a head-in (angle) parking arrangement, and on the south side it is parallel parking. A memo from David Ham, Manager of Construction projects for the City is attached. Texas Street is riot a wide street. When care ara parked on both siden of it, two-way traffic is difficult to maintain. This constitutes a potential hazard considering the heavy utilization by large equipment and servl,ce vehicles operated by the City. impedance of emergency vehioleB is also a necessary consideration. Staff feels that removal of parking from the south Bide would help solve this problem. The City owns property on the north side. Three individuals own property on the south side and these individuals have been notified about this request. The request calls for removal of parking between Wood Street and Crawford Street but staff has added the remaining half block because the, same adverse situation prevails the entire length of Texas from Craw Ford to Ruddell Strests. Staff feels the additf.onal request of reduced speed to to mph is not necessary at this time and cannot be supported by any engineering or observed data. We feel the removal of parking on the south side would mitigate the potential hazard that exists. Staff recommends approval of no parking on the south side of Texas Street between Crawford Street and Ruddell street. C tO r. k~ ti Apid0 flem._e5-:%~ CTSSC MINUTES T~k April 6, 1992 ITEM 3 Vj2- PARKING ON THE SOUTH SIDE Ov TEXAS STREET: Iwuehukwv said a City of Denton staff requested no parking on the south side of Texas Street between Crawford Street and Ruddell Street. This area is mostly used by City staff that work in the Service Center. There is available parking spaces on city premises. But, for whatever reason, these employees chose to park on Texas Street. s on the north side of Texas Street, there is an angle parking arrangement marked out by the Service Center departments. With this other illegal parking, oars block the entire street. It is not wide enough for two car passage. This poses potential hazard for emergency situations. So the construction manager, Mr. David Ham requested that this area be made no parking to eliminate any potential hezards, Iwuchukwu said these property owners are affected and they were notified by mail, No response was received. Joe Ayers, a Traffic Division employee, also delivered another letter to them since they were not heard from. Sharon Caddish came forward to speak against the request. She said they received one letter in the mail and another was delivered, The deliverer told them to sign this piece of paper indicating that they had received the letter, He did not say by signing this paper we were agreeing to "no parking" on the street. She said her father-in-law lives on the corner of Ruddell and Texas street. It is his front yard that runs on Ruddell. The parking for his tenants that live there are supposed to be or, the south side, The culvert there is suppose to be for the driveway in the back. If you cut off the parking on t'i atroet, whore are hie tenants going to park? Mr. Caddish lives on the corner of Ruddell Street, Mr. Ashton lives behind, and there is an empty lot. The owner of the empty lot is the one that brought this to the cities attention because the city uses it to park on, He doesn't want them parking on the lot so he wants the parking cut off. Gore asked how many tenants were affected, Caddish said actually two that live there. He actually rents the house. Ruddell street in their front yard, White asked if there was any off street parking. Caddish said all he has is a grace yard, There is a culvert the City put in years ago on the south side and they told hirn that wan his drive, Gore said a driveway would have been the property owners responsibility, The cities responsibility was for getting it: fixed at the street. Randy Arrington came forward to address the commission. He said what Sharon said waa true, The deliverer said to sign thn paper indicating that we had received it. Arrington said Mr, t,addish parks on Texas Street because he owns the corner lot. But, he doesn't get clown in the driveway and make c Agenda No. Agenda IleniS Dalo. CTSSC MINUTES v April 6, 1992 ruts like the city people. City of Denton employees park in the ditch making huge ruts from his lot all the way to Crawford Street. we can hardly mow. Occasionally, the City cleans it out. Arrington said the people at the city would rather park on the south aide because it's closer to the building. They have two sides of Crawford street to park on all the way and there is plenty of parking at the Service Center. City of Denton employees drive on the empty lot and lean up against the fence tearing it down. The owner worts at night and his wife has been sick. They are upset anti want Fomething done. Iwuchukwu said Mr. Joe Ayers was the employee that delivered the letters. He is a very reliable employee. There must have been some misunderstanding. Normally, when notices are sent to citizens, there is some response. This time there was no response up to Friday, April 3rd. That is why the letter was delivered the second time. Obviously, Joe must have misunderstood. Iwuchukwu apologized for the confusion saying he probably didn't explain it well to Joe Ayers. Dotson asked if the street could be posted "no parking" during certain hours of the day, Iwuchukwu asked property owners if that would be agreeable. Me. Caddish said it would be from their property down. Iwuchukwu said that the corner of Ruddell and Texas Street was critical. Iwuchukwu sought and obtained permission from the commission to aak the property owner of the southwest corner if it was acceptable to them to designate "no parking" from 50 feet west of Ruddell to Crawford Street. They said it was acceptable, Dotson said David Ham needs to direct his employees to park in designated parking areas. Iwuchukwu said he has. STAFF RECOMMENDEDS No parking on the south side of Texas Street from Crawford street and approximately 50 feet from Ruddell Street COMMISSIONERSS oueea Amador srises tie motion. to accept staff reconuviendation. i , Y. t f 5 11 Agenda No.._.._7o~~ 7- 10 Agenda Ilems- CTSSC MINUTES April 6, 1992 ruts like the city people, city of Denton employees park in the ditch making huge ruts from his lot all the way to Crawford Street. We can hardly mow. Occasionally, the City cleans it out. Arrington said the people at the city would rather park on the south side because it's closer to the building. They have two sides of Crawford street to park on all the way and there is plenty of parking at the Service Center. City of Denton employees drLve on the empty lot and lean up against the fence tearing it down. The owner works at night and his wife e has been nick. They are upset and want something done. bethe Iwuchukwu said Mr. Joe Ayers employee,that tmustdelivered en letters. He !s a very some misunderstanding. Normally, when notices are sent to citizens, there is some response. This time there was no response up to Friday, April 3rd. That is why the letter was delivered the second time, obviously, Joe must have misunderstood. iwuohukwu apologized for the confusion saying he probably didn't explain it well to Joe Ayers. Dotson asked If the street could be posted "no parking" during certain hours of the day. Iwuchukwu asked property owners if that would be agreeable. Ms. Caddish said it would be from their property down. Iwuchukwu said that the corner of Ruddell and Texas Street was critical, Iwuchukwu Bought and obtained permission from the commission to ask the property owner of the southwest corner if it was acceptable to them to designate "no parking" from 50 feet west of Ruddell to Crawford Street. They said it was acceptable. Dotson said David Ham needs to direct his employees to park in designated parking areas. Iwuchukwu said he has, STAFF RECOMMENDEDi No parking on the south oLde of Texas Street from Crawford street and approximately 50 fast from Ruddell Street COMMISSIONERSi Amador made a motion to accept Btaff recommendation. Guess seconded the motion. Motion passed unanimoualy, C i r. Agenda iicnt_ leg- (Alto fer-1 RE Cl iza ~3=FiR~3YJ~~ ~ fly) I n err. ou ~ Fl o rNwe 04 lc:rmlv RUOA~LL I RU EL ' ru+r~waan 01, a ti I r G H I l I. p I , I r' I Y•;• I~ ~ I, 117i ~ I, iI, I ~~yyII r 1 ,I,1, ~ i NOV I 1 1Wf ,1 I r ALL0021B\1620..3 Agenda llem_~,~ (d ~y ORDINANCE N0. y AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE SOUTH SIDE OF TEXAS STREET, FROM ITS INTERSEC- TION WITH CRAWFORD STREET TO A POINT FIFTY FEET (501) WEST OF RUDDELL STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EF- FECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: " SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle at anytime upon the following street or portion thereof, in the City of Denton, to-wit: The south side of Texas Street, from its intersection with Crawford Street to a point fifty feet (501) west of Ruddell Street. SECTION II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City Coun- cil of the City of Denton, Texas, hereby declares it would have en- acted such remaining portions despite any such invalidity. SE.qTJ~ON III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such per- son shall be punished within the limits above. IV. That this ordinance shall become effective four- teen (14) days from the date of its is hereby directed to cause the caption ofathishord nance toabe published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR { Page 1 i` r ii Agenda No. Agenda Items ~s=s2~ ATTEST: JENNIFER WALTERS, CITY SECRETARY \ ' BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY,. Page 2 C n r ALL00258\1620,3 60E a hronda No..a D/ 7_ AllondaIw, es--,K i a,:e 'r e~ 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES BETWEEN THE HOURS OF 7:00 A.M. UNTIL 5:00 P.M. MONDAY THROUGH FRIDAY ON THE SOUTH SIDE OF TEXAS STREET, FROM ITS INTER- SEC7':ON WITH CRAWFORD STREET TO A POINT FIFTY FEET (50O WEST OF RUDLELL STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EF- FECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle between the hours of 7:00 A.M. until 5:00 P.M. Monday through Friday upon the following street or portion thereof, in the City of Denton, to-wit: The south side of Texas Street, from its intersection with Crawford Street to a point fifty feet (500) west of Ruddell Street. SECTION II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City Coun- cil of the City of Denton, Texas, hereby declares it would have en- acted such remaining portions despite any such invalidity. SKCgIOY III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such per- son shall be punished within the limits above. SECTION IV. That this ordinance., shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR i ~Y r IfifiS r lj Agenda Na. Agenda hem le S Ogle .z 9z 9~'q ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: P i Page 2 j ' k~ i. ~t -r x - - - - L - - k _ RCITY ~ ~ ~-'COUNCIL; t,L . - - 4 4, Yt I E - YY ~ i : a _ tea - TT TT- T:' ~tcaf ~a1 ~ j'►1k op(yUUQQQd~~d~~~ l }GO~VV H r ~'O ~ 1 l I+. t ~ ~ ~ Cl l iF'f}f~ l is rill li. 1 r. A y~ Y s1 ~I ALL00217 A00nda No. Agonda 110 n_ ~.s~'---- ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AGREEMENTS FOR JUDGMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND DAVID SOLIS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Agreements for Judgment between the City of Denton and David Solis, providing for the settlement and compromise of the litigation now pending between the parties before the District Court of Denton County, Texas in Cause No. 91- y' 20425-158, be approved in accordance with the terms. The City Man- ager is authorized to execute the agreements and all other doca- meets and make the payments and take such action as is necessary to comply with the terms of said agreements. SECTION II. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the clay of , 1992. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: bib &T~ lvdonda No, ._...l._-7 4 Aponda Itum~%Q,S_- ~ F CAUSE NO. 91-20425-158 DAVID SOLIS ) IN THE DISTRICT COURT VS. ) OF DENTON COUNTY, TEXAS ° CITY OF DENTON ) (SELF-INSURED) ) 158TH JUDICIAL DISTRICT COP ROMISE SET MRMENT AGREEMENT Plaintiff DAVID SOLIS in the above-entitled and numbered cause, joined herein by Don E. Hickey, Plaintiff attorney of record, and CITY OF DENTON (SELF-INSURED), Defendant herein, acting by and through its attorney of record, do hereby stipulate and agree upon a satisfactory compromise and settlement of all of the issues involved in this case, Plaintiff agrees to accept the sum of $32,975.00, payment by Defendant of all reasonable and necessary past unpaid medical expenses arising from the accident of 06/18/90, payment of all future reasonable and necessary medical expenses arising from the accident of 6118190 until 4/27/95 at the direction of Dr. Major Blair (and subject to approval of the City of Denton Council. as necessary) and payment of all court costs by Defendant, in full settlement, compromise and acquittance of all the issues and claims arising from the accident of 06/18/90 which accident is the basis of this case, including all claims and demands, actions and cause of action, for damages, workers' compensation benefits and/or medical expenses under the Texas Workers' Compensation Law of the State of Texas, growing ~ out of or, connected in anyw1se with the accident: alleged. Plaintiff c PAGE 1. COMPROMISE 811E`CR7,EMPNT AGRI:EMEN`1' i; Agenda No. __-2es. D/ 7 W AUonda 1!QNt_ 'ley p~ Al lblo claims to have been injured in the course of his employment for the City of. Denton, which employer is alleged to have been insured under the Workers' Compensation Law of the Stlate of Texas. It is further understood and agreed between the parties hereto that the liability of Defendant CITY OF DENTON (SELF-INSURED) A is indefinite, uncertain and incapable of being satisfactorily established, and the Plaintiff releases CITY OF DENTON Ile (SELF-INSURED), its insurers, attorneys, employees, agents and representatives from any and all liability for all claims and/or damages arising from or related to his accident and injuries, including claims for all reasonable and necessary medical expenses which he may incurr in the future, except as specifically set out herein. It is hereby agreed and understood that upon the appioval of this Compromise Settlement Agreement by the Court, and entry of the Judgment in accordance with this Agreement:, the agreed sums will be paid by this Defendant to the Plaintiff and Plaintiff's Attorney. It is further understood and agreed that Judgment: will be entered herein carrying into effect this Agreement. Plaintiff does hereby represent and warrant tnat he employed Don E, Hickey, attorney, to represent him in connection with this claim, and that Plaintiff agreed to pay said attorney a 25% fee which is within the limits provided by the Workers, Compensation Law of the State of Texas. Plaintiff represents and varrants that he has entered into PAGE' 2 COMPROMISE SFINME MF.NT ACRBEMENT i i .4 f' No. Agenda Ilem~ S this Agreement of his own free will and accord and Plaintiff has not been induced to do so by the statements, acts or representations of the said Defendant or anyone else. It is hereby understood and agreed that all the w jurisdictional facts exist investing this Court with Jurisdiction of this suit and cause of action. WTTNFSS our. signatures this day of 1992, DAVID S LIS Plaint' f DON HICKE Attorney for Plaint ff SCOTT A HIHI NDEk250N~^-~~ _ SMITH, SMITH, SMITH & HENDERSON Attorney for Defendant THE STATE OF TEXAS COUNTY or DALLAS ) BEFORE ME, the undersigned authority, on this day personally appeared DAVID oOLIS known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to we that he executed the same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SENL OF OFFICE this day of ' , 0*0 ,0W 00 ~CPycA~' Gp4,~t~ gta'p1pl,gtt~~ OTARY PUBLIC IN AN FOR Nora I1tsottinEGP Wes' THE STATE OF TEXAS i`~ My Comm c PAGE 3 COMPROMI:SH SWUTLEMENT AGRXEMIINT f j[ Agdndata Agenda 11em_.._2S--( F CAUSE NO. 91-20425--158 DAVID SOLIS IN THE DISTRICT COURT VS. ; OF DENTON COUNTY, TEXAS CITY OF DENTON ) (SELF-INSURED) ) 158TH JUDICIAL DISTRICT a I?ItalL ff-U _EN T On the day of _ , 1992, came on to be heard ~ the above-entitled and numbered cause, and came the Plaintiff DAVID SOLIS, in person and by attorney, and came the Defendant CITY OF DENTON (SELF-INSURED) by attorney, and both parties announced ready for trial, A Jury having been waived, all matters of fact, as well as of law, were submitted to the Court, After considering the pleadings, the evidence and argument of counsel, the Court is of the opinion and finds as follows: The Plaintiff and Defendant has entered into a Compromise Settlement Agreement by which all. of the claims involved herein have been satisfactorily compromised and settled, Said Compromise Settlement Agreement has been reduced to writing, signed by the parties hereto and their attorneys, and an original copy has been filed herein with the papers in this suit and introduced in evidence, The Court has considered said Agreement, together with the evidence in connection therewith, and is of the opinion that said Compromise Settlement Agreement is fair and equitable to all parties, and that all parties have agreed thereto, and that said Agreement should be and 1s hereby in ! r;'o things approved, Said par.l;ies hereto are ob~y dut ho47i ttrd1~ to all i PAGE 1 FINAL JUIX MRN'i' 3 Agenda No. Aganda Ilem.~ =~F.._. settle Plaintiff's claims and cause of action against said Defendant and his employer, The Court finds that the liability of Defendant CITY OF DENTON (SELF-INSURED) is indefinite, uncertain and incapable of being satisfactorily established, and the Court, therefore, specifically 9 approves that portion of the Compromise Settlement Agreement wherein the Plaintiff releases Defendant and Plaintiff's employer, their insurers, attorneys, employees, agents and representatives from any and all further causes of action and liability for damage., arising from or related to Plaintiff's employment and/or alleged accident and injuries, The Court hereby finds that the Plaintiff has contracted with Attorney Don E. Hickey to represent Plaintiff before the Industrial Accident Board and in this Court, and Plaintiff agreed to pay said Plaintiff Attorney a 25% fee which is within the limits provided by law. The Court i.n further of the opinion that Judgment should be entered herein carrying into effect said Compromise Settlement Agreement-. It is therefore, ORDERED, ADJUDGED AND DECREED that the Plaintiff DAVID SOLIS does have and recover of and from Defendant CITY OF DENTON (SELF-INSURED) the sum of $32,975.00, all reasonable and necessary past unpaid medical expenses, payment of all future reasonable and necessary medical expenses arising from the accident of 6/18/90 until 9/27/95 at the direction of Dr. Major Blair and payment: of all court costs and that out of said sum of money, the PAGV 2 FINAL JUDGMENT i Apen(Ia Ilem_.__ Dot) said Plaintiff shall pay unto Plaintiff attorney of record the sum of $8,243.75 as an attorney's fee, which the Court hereby finds to be a reasonable and fair fee, and the Court hereby further finds that the services rendered by said attorney are reasonably worth the sum of money herein allowed as such fee, and that the said claimant under the compensation law has been benefited to such extent as to justify the allowance of such fee. It is further, ORDERED, ADJUDGED AND DECREED that this Judgment releases the Defendant CITY OF DENTON (SELF-INSURED), its } insurers, attorneys, employees, agents and representatives from any and all further liability to Plaintiff, including liability for future medical expense incurred by Plaintiff after the date of this Judgment and that this Judgment is a full. and final Judgment. it is hereby further ORDERED, ADJUDGED AND DECREED that all Court costs herein be and the same are hereby taxed against Defendant. The Court hereby further finds that contemporaneously with the entry of this Judgment, Defendant has paid the sum of money hereinabove awarded as heroin directed, and that this Judgment has been satisfied in full. contemporaneously with its entry. It is therefore, further ORDERED, ADJUDGED AND DECREED that no execution shall issue heroin upon this Judgment, except: for costs not paid. The Court hereby further finds that all of the jurisdictional facts exist- investing this Court with jurisdiction of this suit and alleged cause of action, PAGE 3 FINAL JUDGMEM' 4 l _ 1 Nonda No. Apondaltem.~s-_i~_ _ All relief not expressly granted is DENIED. SIGNED this day of , 1992. JUDGE PRESIDING 4 AGRE D' Tot DON E. HICKEY ATTORNEY FOR PLAIN IFF DAVID SOLIS SCOTT A. HENDERSON ATTORNEY FOR DEFENDANT CITY OF DENTON (SELF-INSURED) C PAGE 4 FINAL JUDGMFNT t_ s i a J T1 C I k r k' .r' ;COUNCIL j-11 x i t T r j $14 - - - - - - - - - - - - - - - - - E : ooonti0600 o- .i . ♦1} ~:1 E1111+ ~ ~ f!~~~ lI t.L . }....fi t(,~~r is,.i{ , I Elt #t i 'z If tt t..«tt o, ~ t/ 11 I t~ Agenda tJo.._. Agenda Ile »te CITY COUNCIL REPORT FORMAT DATE: June 2, 1992 ° TO: Mayor and Members of City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider ordinance abandoning and Vacating a portion of a utility easement, Southridge Addition RECOMMENDATION: The Development Review Committee recommends approval The Planning and zoning Commission recommends approval S_UMN,ARR' BACKGROUND : The attached plat illustrates a partial abandonment of the 161 utility easement on Lot 21 Block 8, Southridge Addition. Cecile Carson, owner, requests abandonment of the 81 strip closest to her house. She anticipates constructing a carport or garage and the area proposed to be abandoned is needed for that purpose. The Utility Department does not object to the partial abandonment of the easement. AEE00.142 ALL001FD\1705.7.21 Agenda No. p Agenda Ilam__~'S Rite ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF A PUBLIC UTILITY EASEMENT RE- CORDED IN VOLUME 3, PAGE 51 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for abandon- ment of a portion of an utility easement from Cecile Carson, owner of certain property affected by said easement; WHEREAS, the City Council of the City of Denton has determined that the easement being vacated is no longer needed for public use; and WHEREAS, the fair market value of the easement has been deter- mined and received, as required by section 272.001 of the Local Government Code and DENTON, TEX., CODE ch. 2 art. IV. (1991); NOW THEREFORE, THE COUNCIL OF THE CITY OF DEN^ON HEREBY ORDAINS: SECTION I. That a portion of the public utility easement re- corded in Volume 3, Page 51 of the Plat Records of Denton County, Texas, as described in Exhibit "A", attached hereto and incorpo- rated herein by reference, is permanently vacated and extinguished as an easement for public utilities. SECTION II. That by reason of such vacation the City of Denton's property interest in the easement shall be operation of law, revert to the owner or owners abutting the easement herein abandoned and the City of Denton releases any and all claims to the use of the property as an easement for public utilities. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of 1992, BOB CASTLEBERRY, M11YOR r' Page 1 ti r. N ) Agontla No. d / Agenda llem!~ J _ G Quo ATTEST: JENNIFER WALTERS, CITY SECRETARY P BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHO CITY ATTORNEY w BY: C©_ Page 2 i ti v. ~t Agenda No. Agenda jiem U71o "EXHIBIT All ~ All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas and being part of Lot 21 Block 8, Southridge Addition, an addition to the City of Denton, Recorded in Volume 3, Page 51 of the Plat Records of Denton County, Texas and conveyed to Cecile Carson from Steven and Susan Christenson in a deed recorded in Volume 2934, page 0123 of the Real Property Records of Denton County, Texas and more particularly described as follows: COMMENCING at the west corner of said Lot 2, same being a point on the southeast line of Concord Lane; THENCE north 510 47' 30" east along the northwest property line of 4 ;said Lot 2, same being the southeast line of Concord Lane a distance of 8.06 feet to the POINT OF BEGINNING; THENCE north 510 47' 30" east along said lines a distance of 8.06 feet to a point for corner; THENCE south 440 551 east a distance of 140.14 feet to a point for corner, said point lying on the southeast line of said Lot 2; THENCE south 510 471 30" west along said line a distance of 8.06 feet to a point for corner; THENCE north 440 55' west a distance of 140.14 feet to the POINT Or BEGINNING and containing 1121 Square feet of land. A,EE00015 i 1 r~ ,a - CITY . Crt ~dl COUNCIL 41- *tit i Lk L r +(t f MozP pozjO~L in) TTTtOO ~ ~ o pip{:. : O o / z U E teir: i1 ,,app .vr ~ . + i ~N ;t ? Agnnda No. _ 7 Agend 11 e C_I_TY_ COUNC_IL__RFF?ORT FORMAT r LliiO TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Ordinance Approving Contractual Agreement Between City of + Denton and North Texas Umpire Association RECOMMENDATION: Approve an ordinance that allows the City of Denton to enter into a contractual agreement with the North Texas Umpire Association to provide umpire and scorekeeper services for the City's softball leagues for 1992. SUMMARY: The contract between the City and the North Texas Umpire Association has been approved by both the City's Legal Department and the individual who executes the contract for the North Texas Umpire Association. The per-game rates to contract with the N.T.U.A. remain the same as in the prior year: that ,is, twelve dollars ($12.00) per official per game at slow pitch leagues; fifteen dollars ($15.00) per official. per game at fast pitch leagues; and six dollars ($6.00) per scorekeeper per game. BACKGROUND: The City contracts annually with an organization that provides umpire and scorekeeper services. The North Texas Umpire Association has boon successfully providing services for the City's softball leagues and tournaments for several years now, PROGRAMS,_ DEPARTMENTS OR GROUPSAFFECTrl): The City's Adult. Athletic grogram is affected by this ordinance. This contract allows the Athletic Program to provide umpiro:3 and j scorekeepers for their softball leagues and tournaments. \ c 1 kanda No. Agenda Flom /es .„w [Wo 144 FISCAL IMPACT: a U / The funds for the City's Athletic Programs are budgeted out of the Recreation Fund. Revenue is generated from the softball leagues and tournaments before expenditures are incurred and is calculated to adequately offset the expo-elitures associated with this contract. RESPECTFULLY SUSMITTFD: L Llo d V. Harrell City Manager Prepared by: Alicia A. Mentel.l~ Superintendent of Leisure Services 4r(j d Ke Ii ve Director, Municipal Uervices/ Economic Development t s u. D AQOllf~d N0. ~10ernda Item 0 e- f/ 4 Ibtu CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. M[KINNEY / DE'NTON, TEXAS 76201 M E M O R A N D U M DATE; May 26, 1992 T0: Betty McKean, Executive Director of Municipal Services and Economic Development FROM; Alicia A. Mentell, Superintendent of Leisure Services SUBJECT; Ordinance Approving Contractual Agreement Between City of Denton and North Texas Umpire Association The attached is a request to the City Council to approve an ordinance that allows the City of Denton to enter into a contractual agreement with the North Texas Umpire Association. The N.T.U.A. has been successfully providing umpiro and scorekeeper services for the City's adult softball leagues under the Recreation Fund's Athletic Programs for several. years now. The contract between the City and the North Texas Umpire Association has been approved by both the City's Legal Department and the individual who executes the contract for the North Texas Umpire Association, if you have further questions or need further details, please contact me. Alicia A. Mentell_- C 8171566.8200 D.!FW METRO 434.2529 r y A W. r. I ALL00254 Agontla No. L~Ifo ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION FOR OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City council of the City of Denton hereby authorizes the Mayor to sign an agreement between the City and the North Texas Umpire Association, a copy of which is attached, hereto and incorporated by reference herein. SECTION ii. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the agreement, not to exceed $20000. SECTION Imo, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: _~15 X61 r Agenda Ilem_~S rule 2Z AGREEMENT BETWEEN 7 THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION The City of Denton, Texas, a Municipal Home Rule city situated in Denton County, Texas, hereinafter called "City," acting horein by and through its City Manager, and the North Texas Umpire Association, hereinafter called "Contractor," hereby mutually agree as follows: s 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Schedule officials to officiate softball games for City leagues; Contractor agrees to limit officials to two (2) per game unless agreed otherwise prior to game. S. Contractor shall ensure that each official scheduled to officiate softball games for city leagues is a member in good standing of the Amateur Softball Association of America. These officials must have also made a passing score on the current umpire test used by the Amateur Softball Association of America to certify officials. In addition, should the City be dissatisfied with an official, city shall issue a warning to Contractor Should the Contractor not promptly resolve the problem to the City's satisfaction, the City reserves the right to remove from the work schedule the official(s) with whom the City is dissatisfied. 2, COMPENSATIOK,TO BE PAID ONTR CTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Twelve Dollars ($12.00) per official per game at glow pitch leagues, Fifteen Dollars ($15.00) per official per game at fast pitch leagues. Six Dollars ($6.00) per scorekeeper per game. B, Dates of Payment: Payment will be made withir, two (2) weeks after an invoice is received from Cont_!,actor for services rendered during the term of the contract, which shall be from March 1, 1992 through November 30, 1992. Page 1 M A00nda No. Aocnda rMo 3. SUPERVISION AND CONTP0& DY CITY; It is mutually unders ova h and agreed by and between city and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this Agreement. 4. SQ(RCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE: Contractor shall provide at his own cost and expense workman's compensation insurance, liability insurance, and all other insurance nacessary to protect Contractor in the operation of Contractor's business. 6. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 7 . TERM OF CONTRACT; This Agreement shall commence on the let day of March, 1992, and end on the 30th day of November, 1992. 8. INDEMNIFICATION: Contractor hereby agrees to hold harmless and indemnify the City from and against any and all loss, expenses and damages for injury to or death of persons and injury to or destruction of property arising as a result''of any act or omission of Contractor in the course of performing the services provided for in this agreement. EXECUTED the this day of 1942. CITY OF DENTON, TEXAS BY:_ BOB CASTLEBERRY, MAYOR ATTEST: By: JENNIFER WALTERS, CITY SECRETARY Page 2 4 r, gi f l r 5 A M `1 Agonda No. Agonda ItomzL-i. w em _ APPROVED AS TO LEGAL FORM: 70~ 'J DEBRA A. DRAYOVITCH, CITY ATTORNEY UU BY;- NORTH TEXAS UMPIRE ASSOC*",TION BY; i That Pam Livingston is hereby designated as the person to administer the provision of this agreement. DATE BOB CASTLEBERRY, MAYOR J 6C v. :i ~~~CITYrt ~ COUNCIL r # ~f$ +r t f 1# oaoaNCO%~0~~t #r r. tt(( ~ ~ CGuG C~'! 3t +{t lI.F,4{~ ~I konda No. nn ~ Agenda Ilem_ CITY OF DENTON Nfe MEMORANDUM v G IV-:3 DATE: May 27, 1992 TO: Mayor and City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: STREET CLObING FOR KIWANIS FOURTH OF JULY FIREWORKS RECOMMENDATION_ That the City Council approve the closure of I-35E Frontage Road, from Avenue E to Bonnie Brae, on July 4, 1992, front 7:00 p.m. to 10:00 p.m., for the Kiwani€ Club's Annual children's clinic Firework Spectacular. SUMMARY: The Kiwanis Club annually requests the closure of the I-35E Frontage R:-,ad to provide safety for those attending the fireworks show at Fouts Field, University of North Texas. The only abutting property owner affected by the closure is the University of North Texas. The attached petition bears the signature of the vice President of Administrative Affairs, who represents the University's support: for the event. The Texas Department of Transportation has been notified of the event. The Police Chief and Fire Chief have also been advised. They have no safety concerns with the temporary closure. Please let me know if you need additional information, Respect ully submitted, GC / 4ilo d . Harrell City Manager i Prepared by: e Nave As stant to the city manager ' s; Aclondallem_~'s~ 2A _ RE¢UEST I+'OR STf2EET CL.USURE ~ Organization Requesting Street Closure: Denton Kiwani.s Club `!/71 500 N. Be]-]- Ave. Denton, Texas 76201 Contact Person: Bettye Myers f Address: 2913 Croydon Texas 76201 Phone Number: Home-387-2043 lgork- 898-2575 Street To Be Closed: 1-35 Access Road Date and Time To Be Closed: July 4, 1992 7:00 1).m.-10:00p.m. r Intersecting Streets: 1-35 Intersection with Avenue I land Ronnie Brae Reason For Closure: July 4th Celebration and Fireworks Display' Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacted and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property owner/ Add:,rss Authorized Favor/ _ Tenant of Property SL na ure _ Oppose 1. University of North Texas 2. 3. 4. 5. 6. 7. 8. 9. 10. AMMOOOFC 4 r. i ALL00262 n(lOf(la PJo. ___.~Q2= AUencJa tlem_ leS RESOLUTION N0. A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E FRONTAGE ROAD, FROM ITS INTERSECTION WITH AVENUE E TO ITS INTERSECTION WITH BONNIE 4 BRAE ON JULY 4, 1992; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, is requesting thatyinterstatee35eEefrontageeroadtofromwitssinlub, section with Avenue E to its intersection with Bonnie Bras, ub- lic street within the corporate limits of the City of Denton,aTexas be temporarily closed to public vehicular traffic between the hours of 7:00 p, m. to lo: 00 p.m. on July 4, 1992, for the purpose of hav- ing the Annual Children's clinic Fireworks Spectacular; and WHEREAS, Bettye Myers, representing the Denton Kiwanis Club, has assured the City Council that the Texas Highway Department of the State of Texas has agreed to the temporary closing of the frontage road of Interstate 35-E; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Interstate 35-E frontage road, from its in- tersection with Avenue E to its intersection with Bonnie Brae, a public street in the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 7:00 p.m. to 10:00 P.M. on July 4, 1992, for the purpose of having a "fireworks spectacular". $ECT,_ N11. That the City Manager shall direct the appropri- ate city department staff to work with the University of North Texas Police Department in erecting barricades on Interstate 35-E frontage road, from its intersection with Avenue E to its intersec- tion with Bonnie Brae, at 7:00 p.m. and to have the same removed at 10:00 p.m. on said date. PASSED, AND APPROVED this the day of 1992, BOB CAST BEEL RRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ` DEBRA A DRAxOVITCH CITY ATTORNEY BY: \ ' I i i i. tL r -r CY 411 1 it 1~1 +1 F_L-- C I T Y~ CCJUNCIL i . - z -1 - 1 - ~ f ~ l ~ p00D UOpp G ~ ~ f i 0 G :-t~tQQ~oy O F D F ~~~0 } ~ ~}qQQ \t rr'OG'~~ U C1 ` I{ Is 1 i r~ ~ J f O L ~i ~ OOOrQ,v to+cJv ~ t . u~o~~00 f 'caLi l Date CITY&DENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817) 566.8307 011`100 of the Cl1y Manager M1~MC7I~AI~Y37UM ° TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: May 12, 1992 SUBJECT$ Appointment of Council as RTC Representative You may recall Michael Morris' visit with the Council a couple of weeks ago regarding our RTC representative. Michael pointed out that the COG will play a much larger role in Highway Department planning and funding through the new Intermodal Surface Transportation Efficiency Act of 1991. Given the fact that we have several highway projects of great importance to us, it is very important that we fill our slut on the beard as soon as possible. The RTC Board usually meets once a month on the second Thursday, That meeting usually lasts from 9:00 till, 11:00. I've usually driven our representative to the meetings since I'm the staff liaison. If that is convenient for the new Councilmember, I would be happy to continue to do that. The agendas are usually sent three to four days prior to the meeting. We would be able to brief Council on any pending issues as they occur. One other note, this is the group that also makes recognendations on all of our transit funding which Includes the new Section 9 money that we just got this year. So, as you can see, it is a very important group. I would be happy to answer any other questions you or the Council might hav at your convenience. Rick Svehla Deputy City Manager RS:bw AMM0014A f :CITY COUNCIL p000C100 pa - p O ~ ~ O O O or o oO o U -A vo P o O U . - Co 0 .o o~~~~Op~ ~ N ~ w Op0 00 UO110101 [1Gt10~~ - - L.- f r 1 ti / r' Ei North Central Texas Council of Governments R O. [)rawer COO Arlington, Texns 76006.588 If i' I I I'~) MAY - G W10 - AgondI1iun1-1)2-•--r , (kite = . FROM: William J. Plistlck, Executive Director DATE: May 4, 19920 t TO: City Managers or City Secretaries in North Central Texas SUBJECT Information for NCTCOG's 4992.93 Regional Directory Each year, following the municipal and school district elections, the North Central Texas Councli of Governments publishes a regional directory of local governments and officials for the North Central Texas region. This directory Is helpful to public officials, administrators, and citizens In this region, as well as throughout the state. Directory Informatlon for Incorporated municipalities, county governments, school districts, and member special districts In this region will be Included. Enclosed is your city's entry In last year's directory. Please either make corrections on that page or complete the attached directory form and return It by Tuesday, May 26, if possible. Those cities not Involved in a runoff election can, of course, complete the form and return It sooner than May 26 - we will begin work as soon as the first form arrives. Your prompt attention helps to provide a timely, up-to-date directory and we sincerely appreciate your assistance. In addition to the directory Information, for those of you who are currently members of NCTCOG, we have enclosed a form for your use in designating a new or redealgnating the same NCTCOG voting representative for 1992-93. Please return thls form to us with your Regional Directory form. The Directory Is scheduled for completion this Summer and will be malled to all NCTCOG member governments. Copies will be avaliable to everyone through NCTCOG's Regional Information Center. Again, thank you for your help in compiling an accurate directory of local governments In North Central Texas. Sill Pitsilck Enclosures Contorpoot Two WO Six Flays Drivo Dallas/Fort Worth Motro 817lo40.3300 FAX 640.1606 Y. t , l;coda No. 7' Agonda Dalo NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Designation of Voting Representative As a member of the North Central Texas Council of Governments, the 0 hereby designates (counly, city, school district. special district) Name:. Title: Malting Address Telephone - - - to serve as Its voting representative to NCTCOG's General Assembly, signed: - - - - - - _ ^ Tllle: Dale: - - - - _ Under the bylaws of tho North Central Texas Council of Govermnunts, each mernbar government Is oMlllod to one voting repreeentative on the General Assembly. The representative must be an elected official selected from the guverning body of the member government. The voting represenlativo servos as liaison between the local government and the Council of Governments: receives special publlcations and announcements Irom NCTC;OG; end is eligible to vote on proposed bylaws amendments and for c rididatos to servo on (ho Executive Board. A city or county official must be a designed voting representative In order to be considered for service on the Executive Board. Since some voting reprosentatives may have retired from office - or some member governments may wish to select a different representative from the ono now sorving - II has boon NCTCOGs practice to allernpl to re-cortily voting representatives co an annual bases. This Is usually accomplished Immodiatoly o9owing the municipal elections (pon'lr'in any necessary runolfs). Thnreforo, we are requesting the designation of your official voting roprosontotivo to NCTCOG. The opllon la available to list your existing representative - without formal reappointment - unless he or eho Is no longer In office. Please return form to: NCTCOG P. O. Box 6888 Arlington, TX 781706.6888 t HANDOUT TO COUNCIL MEETING • 6.2.92 Mike Cochran 609 W. Oak St. Denton, 'T'exas 76201 Honorable Mayor Bob Castleberry, Members of the City Council City of Denton 215 F, McKinney Denton, Texas 76201 , June 2, 1992 Dear Mayor Castleberry and Members of Council; ' in the past Several yoars we have all watched with great; interest the democratic reforms taking place around the world. it is in that spirit that I bring this modest proposal before you for consideration, As you well know, the process for a citizen speaking to a posted agenda item (not: a public hearing) before the Denton City Council is cumbersome. To speak to an agenda item a citizen must make a request to the City Secretary on the Wednesday .ri.or to the Tuesday City Council meeting, The agendas for the regular City Council meeting are posted on the Friday before the meeting in conformance with the Texas Open Meetings laws, The obvious contradiction here is that in order to speak to an agenda item a person must a make his requost before the agenda is made public. For many of us that are aware of the workings of the city, this is not an unworkable aystem. But for the majority oL•' the citizens, those who might first-, hear of an :issue in the newspaper., this system erects a barrier to participation in city affairs, It is essentially a barrier to true democracy, in comparing our method of dealing with citizen input; on agenda items with those of neighboring cities, I have found L-hat Denton is alone in its way of handling this question. A random phone survcay conducted Of. the conununil-.ies of Dallas, Arlington, Ft;. worth., Lewleville, Garland, Carrollton, Grand, Prairie, Irving, Meegi,tite and Plano ;chow that they a.l.l employ ~ n w M r a system that makes it easier for citizens to participate in the decision making process. Each of the cities surveyed allow a citizen to speak I;o an agenda item by filling out a card and presenting it to the Mayor prior to hearing of that particular item. We need this type of procedure here in Denton, It allows a better mechanism for citizen participation in community affairs and can offer council the opportunity to hear fresh ideas on issues of importance, I would urge you to look .into, and seriously consider a policy change that would open up the rigid structure of our City Council meeting..). I believe that this would be to the advantage of all the citizens of. Denton. Active ciL-.i.zens mean better government-, and that is our common goal. Respectfully, Rv~e ~CAOA~ Mike Cochran C ~J J Y. HANDOUT TO COUNCIL 6.2-92 :1 f E, MCKINNEY DENTON TEXAS 76201 817.566.8312 KEEP DENTON SEAUTIFIji, June 2, 1992 t Dear Mayor and city council. Members: As chair of the Dorton Beautification Advisory Commission, T thought it my duty to advise you on the currant momhership status of the Commission and the need for new appointments. Five commissioners, including Jeane Morrison, John rnlow, Dick Ingle, Martha Len Nelson and myself, will continue on the Commission in 1992-93 Nerving out the second year of our two year terms. Gertrude Gibson and J, B. Smallwood wore appointed to serve a one-year term and have served excoptionally well. The commissioners would like you to reappoint Ms. Gibson and Dr. Smallwood to a second term for 1992-94. The terms of three commissioners, Jim Render, Mable Devereaux and Melvin Will-it;, are expiring. These commisu.ionory have either been inactive or have taken a position within city government which prevent their reappointment to the Commission. Tho final commissioner, Judd Jones, was appointed to serve through 1993 but has boon unable to actively :serve on the commission and is expected to realign from the commission before 1992-94 appointments are made. My recommendation at this time is for reappointment: of Gertrude Gibson and J. 13. Smallwood and appointment of four additional comm_isrionero. This will. bring our mombovbhip to eleven which it, tho number designated In the city ordinance under which we operate. Following is a list of people the commissioners have asked me to recommond you consider appo.intincl to the Commission; Dave Soston 307-7792 X11en Paintor SOR-7000 Sherrie Rtheridgo 38.3-4006 Frod Pole 566-3004 Katie Fleming 898-3505 SuNan Rogurrs 565-2216 Brenda Fosmlro 566-7000 Judy smith 506-1917 Betty Kimble 302-4060 1~ndrou Villarreal 303-2361. Susseul McGuire 307-•6151 Thank you for enabling the Denton Beautification Advisory Commis., ion to play an act.ivc role in city government, The high Mayor and City Council Members June 2, 1992 Page 2 level of involvement by the citizens of Denton is clear evidence of the grassroots support for beautification efforts in Denton. We hope with your support and the resources of the Community Improvement Division we will be able to continue providing leadership in this vital area of civic life, Sincerely, ohn N. Cooper Chair, Doriton Beautification Advisory Commission JNC.,ht