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Home My WebLink About02-16-1993 i t ,a f ~ 9 rYr j ~ ~ ~ ~ q t i [ SCALrr f r ~~!TS L J W T 0 1 \ RAYZOR X i~M a F,,A Y 0~. IN 1 9 6 01 / A _ _ ZONED 1. 1. i ,-1/2" s,1,R. ~t 3 00 A OMP f I ti; ! ' I/ Y ri \ 5...~ \ + \ r r,' E--- OUR e 1A ~ X y lti V *N ~ l r /N" PE r I or / / , 1 r,J r~ l f' 1 .1 e F ( I~ ~ 411 r~ -16 UIE. ~rrirL f l,1irL /1r irrM~w~i IrM1N ~',~M I// r ~J C ~y~/+jrMfwwirTT ~~2 S,6R, T v` N'°:," 55A i ■ i FO l.T l O~~ 1 'rte n Y ~~~!!M✓✓~ 1 1 '4 C r A r-- i - , i 1 I! CFA 1 ~ !M~ III r~AMNINti~l'~ ►+Yrp1' . 1 I 1 L, PSG 4 I r w. • A Mr ' IL.IMINA ~ y/l t LOT II a EAGLE410 ~ r 10,000 N~ 0,5. BIEWSYE i CITY OF DE Ol, DE VICINITY MAP 0 too 0 "a Me &ACaic SCALE 1 r Q~or I' EAIU-IhGiN lrlrtilf"~1 >>c N,Q, 60~ 1646 r t#;NCiWARK; p.d, serf «1 4;ty of Denton 0.M143 (Bronze Cap ',et in ronerete~ 1600 160 W -4 oanron, t>uf► root~w t ~~flt:1 CORNER SONN4,, BRAL & *Li. Owlwx) iNS;U"' t,Oi.F r {111} 617-061 f COURSE FENCE. At CORNER POSiI .t1. 553,05 x'12 2) CWA4*fi OLIN ft"KL Mi~MM 1a1't 1;fi UAIV. 17/14/12 NUNN a R.0,W. Monument */Bronze Cap l N I P 75' 30" F 258110' from N,l:, Property Corner. Elev. 652 26 E ice. ` ~ t U ,R rr..rY Y r S ~f 1 CITY COUNCIL AGENDA PACKET 1 FEBRUARY 16, 1993 i i I I 93~ too* No, i ;.GENDA 00~~.[ = --l~ CITY OF DENTCN CITY COUNCIL February 16, 1993 Work Session of the City of Denton City Council on Tuesday, 1 February 16, 1993 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. 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 litigation styled Fritz V. City i of Denton. 2. Consider action in litigation styled Hunter Y. City of Denton. 1 3. Consider action in In Re: Flow. H. Real Estate Under Sec. 2(f), Art. 6252-11 V.A.T.S. 111! 1. Consider acquisition of an option to purchase land on Foster Road. I C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. I 2. Receive a report and hold a discussion regarding the regulatory framework for the Community Development Block Grant and HOME programs. 3. Receive a report and hold a discussion regarding the application of the City's Subdivision and Land Development regulations within the Extraterritorial Jurisdiction and give staff direction. 4. Receive a report and hold a discussion regarding activities involved in preparation for the 1986 bond election. i Regular Meeting of the City of Denton City Council on Tuesday, February 16, 1993 at 7:00 p.m. in the Council ChamUers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: r 1. Pledge of Allegiance I I I i Agenda No - ~~---'~---r AWdj ItenL_ tote -_iG y 3 City of Denton City Council Agenda February 16, 1993 `J Page 2 2. Consider approval of the minutes of the Planning Session of January 12, 1993, the Regular Meeting of January 19, 1993 and the Work Session of January 26, 1993. 3. Consider approval of a Resolution of Appreciation for Paul Beadle. I 4. Consider approval of a Resolution of Appreciation for Lewis Wayne Murphey. 5. Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning a 32.045 acre tract located on the east side of Country Club Road, approximately 920 feet south of Hobson Lane, from the Agricultural district to the single Family 10 district with conditions. Be Hold a public hearing and consider adoption of an ordinance rezoning a 1.2777 acre tract from an Agricultural zoning district, to a Commercial zoning district with four conditions, C(c). The tract is at the southeast corner of Milam Road (FM3163) and Interstate 35. (The Planning and Zoning Commission recommended approval at its meeting of 1/27/93 by a 6-0 vote.) 6. 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 implement each item in accordance with the Staff recommendations. Listed below are bids and purchases orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda item 7.A). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orderai 1. Bid 11460 - Police Sedans 2. P.O. 132573 - Denton Motors, Inc. 3. P.O. 032574 - Maxwell Chrysler-Plymouth-Dodge upertdeNa Y~,3 - on ~pendartem vat* _~1? 3 City of Denton City Council Agenda AV o-~ February 16, 1993 l/ Page 3 1 B. Plats and Replats 1. Consider approval of the preliminary plat of Lot 1, Block A, tract located l on P the e west Addition n of being south acre Airport Road. (The Planning and Zoning commission recommended approval at its 2/10/93 meeting with a 6-0 vote.) 7. Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid 01460; 6.A.2. - P.O. 032573; 6.A.3. - P.O. 032474) B. Consider adoption of an ordinance approving a contract with the County of Denton for the establishment of a Central Counting Station for the May 1, 1993 City Council Election. C. Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 1, 1993, and if a runoff election is required, on May 22, 1993, for the purpose of electing CoLnoil Members to Places 10 21 I 3, and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election officials; and providing for bilingual notice of the election; ordering that the punch card electronic voting system be used. D. Consider adoption of an ordinance authorizing the Mayor to execute an Escrow Agreement with Flow Regional Medical Center, Inc. E. Consider adoption of an ordinance authorizing the city Manager to execute an agreement with Resource Management , International, Inc. for performance of services relating to a long-range power supply study. (The Public Utilities Board recommends approval.) 6. Resolutions A. Consider approval of a resolution authorizing the city Manager to execute an agreement with the North Central Texas Council of Governments (NCTCOG) for a grant to fund . a household used oil collection program. i II 1 I I l1I I ill I ante...-~.~G %3 City of Denton City Council Agenda February 16, 1993 61 Page 4 B. Consider approval of a resolution designating certain officials as being responsible for, acting for, and on behalf of the City of Denton in dealing with the Texas Parks and Wildlife Department, for the purpose of participating in grant programs for South Lakes Park. r C. Consider approval of a resolution authorizing the City Manager to execute an agreement with Sammons Communications, Inc. to delay the restructuring of the cable television service until such time as Sammons Communications, Inc. has rebuilt and upgraded its cable television service system. (The Cable T.V. Advisory Board recommends approval.) D. Consider approval of a resolution suspending the proposed effective date of the proposed rate schedules and service regulations of Texas utilities Electric CompanYl providing that the rate schedules and service regulations of said company shall remain unchanged during the period of suspension! providing for notice hereof to said company! and finding and determining that the meeting at which this resolution is passed is open to the public as required by law. 96 Consider and adopt an annexation schedule with regard to the proposed annexation of 3.85 acres located east of I-35 and south of Milam Road (A-61), f 10. Miscellaneous matters from the City Manager. 11, official Action on Executive Session Itemsf 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. i I Aginds No ' ~gendalUm - ~ Dee City of Denton City Council Agenda February 16, 1993 •a Page 5 13. Executive Session) A B. Real Estate Under sec. . Legal Matters Under Sec. 2(e), Art, 6252-17 V.A.T.S. C. Personnel/Board Appointmentsf~~ UArt, nder Sec. 17 2(g), V.A.T.S. ( 6252-17 V.A.T.S. NOTE! THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. i C E R T I F I C A T E I certify that the above notico of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1993 at 00clock (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 SECRETARYPS OFFICE AT 566-8309 OR USE RELAY-TX SO ATHAT SAD SIGN DEVICES FOR THE DEAF (TDD) BY LANGUAGE INTERPRETER CAN BE CALLING SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCOOOEI .y~ t CITY COUNCIL I: t } 1j2 f i I ~J 01 p• {l ti~ 0; 0 111 To CITY COUNCIL REPORT FORMAT TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Discussion of the regulatory framework for the Community Development Block Grant and NOME programs. RECOMMENDATION: N/A BACKGROUND: It was recently suggested that City Council may wish to become more involved in the CDBG allocation process. The topics outlined below provide information on program requirements and restrictions. The 'discussion is designed to assist Council in determining an appropriate level of involvement in the process. Also included is a discussion of the City~s CDBG program in relation to the new HOME program and the opportunities for housing program expansion. SUMMARY: 1. Citizen Participation i a. public hearings b, notice of funding availability c4 technical assistance ii. National Objectives as elimination of slum and blight b. meet an urgent community need c, benefit to low and very low income (704 minimum). III. Eligible Activities a, acquisition of real property b. disposition o. public facilities b improvements d, privately-owned facilities I Ap~ndaNo.~ 3-Do ' ApanQa ~tH►LGf1.s_~_ DW e. clearance 3 f. public services (15t cap) g. interim assistance h. relocation I. loss of rental income J. removal of architectural barriers k. housing rehabilitation 1. new housing construction* M. code enforcement n. historic preservation i o, commercial or industrial rehabilitation p. special economic development q. home ownership assistance r. planning & capacity building (20t admin. cap) s. program administration costs * subrecipient activity IV. Reporting Requirements/HUD Monitoring a. CHAS b. Grantee Performance Report o4 labor relations d. MBE & WBE e. Federal Transactions Report f. monitoring V. Budget History 1984-92 Vi. Budget Survey VII. HOME Funding ab availability b. matching requirements co restrictions PROGRAMS, DEPARTMENTS OR GROUPS AFVECTEDi City Council Community Development Block Grant Committee Program Beneficiaries Community Development Staff other city staff involved in various projects/programs FISCAL IMPACTi Discussion above focuses on the fiscal impact of the CDBG and HOME programs on City services. I oore a -i~_ Report Format 3 Page 3 J f Respect lly submittedt L1 d V. Harrell City Manager Prepared by: Barbara Ross Community Development Administrator App ovedt v rank iLnS ATCp Executive Director for Planning & Development r M, r;~r t?s T, T CITY I# COUNCIL { I 0 d '~ON /t4 .:Z i i i 1 it Dew DATE:February 16, 1993. CITY COUNCIL REPORT t92= To: Mayor and Members of the City Council i FROMs Lloyd V. Harrell, City Manager SUBJECT: Receive a report and hold a discussion regarding the application of the subdivision and Land Development + Regulations within the ETJ and give staff direction. i RECOMMENDATIONI The Planning and zoning Commission recommends approval of a Regulatory Line which will define and classify two distinct divisions in the ETJ and providing for the City0s Subdivision and Land Development Regulations to apply to that area located within the said Regulatory Line. SUMMARYr The proposed Regulatory Line has been delineated so that it includes the general area defined as the Greater Denton Planning Area in the which nthevcity mhas obtained Certificate also Public Convenience and Necessity (CCN) to provide water and waste water services except those fringe areas which are located in the extraterritorial areas jurisdiction otside E of ) the another regulatory municipality, frthat all willlbe exempted intended om the C enter into an itys Subdivision and Land Development Regulations, County City will require the County to cinformgrand consult the e City with which regard to plats in the said area as soon as possible after receiving those plats. In effect the proposed regulatory line will allow Denton County subdivision standards to apply to all areas located outside the said line and keep the city informed with regard to platting activities in those areas. Attachment t1 shows a summary chart comparing city and County platting and subdivision standards. Map showing the current ETJ line and the proposed regulatory line is also attached, f A"No ~tfm_L J . a. Agenda N(a.... - _(G--2/723 BACKGROUND: The current extraterritorial jurisdiction (ETJ) of the City of Denton extends for three and one half miles from the corporate city limits. The ETJ line extends beyond the "Greater Denton Planning Area" as defined by the Denton Development Plan. The ETJ line also extends beyond the area (Certificate of Convenience and Necessity, CCN) for which the City is authorized to provide water and waste water services. The CCN area covers approximately 144 square miles and is generally the same area defined as the Greater Denton Planning Area. Based on current population density of 1,268 persons per square mile the Greater Denton Planning Area will accommodate a total population of 182,592. This figure is in excess of the 2020 population projection of 1320865. The area within the proposed regulatory line has the capacity based on current density standards to adequately accommodate future development at least to the year 2025. With this vision, urban development in the ETJ may be extended over the longer term in excess of thirty years. The purpose of requiring urban type services/facilities in the ETJ is to enhance and preserve the quality of life in areas which will be in the city in the future. However, if we envision a development horizon in the ETJ of between twenty to thirty years, most of the paving, drainage and other facility/service infrastructures may need to be upgraded, repaired or replaced even when constructed in accordance with City specifications. Except for areas in the ETJ which are over 8000 feet from a water line, all Platting and Subdivision requirements with regard to infrastructures, services and facilities in th4 ETJ are essentially the same as for areas in the City limits. Peveloper© of land in remote areas of the ETJ are always reluctant to provide urban type infrastructures and services in large lot subdivisions which are not adjacent or contiguous to any other developments. Further consideration should be given to the fact that certain areas located in the ETJ may never be incorporated in the City in the future. Those areas are generally isolated by lake or creek and/or have principal access through another municipality. other areas in the ETJ, in view of their location, :size, and shape pose additional problems to orderly physical development. It is also intended that the proposed regulatory line and the interlocal agreement with the county will be reviewed and updated over time as development expands in the city's ETJ. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: None I spend! N4 9~.~,7 I ZSCAL IMPACT: None 1 I r Respectfully submitted: Prepared by:4ydLl v/~ Y! Harrell Pala City Manager Harry X. Persaud, AICP Approved: H. Robbins, AICP ive Director Planning and Development Attachment #11 Chart comparing subdivision requirements for the City of Denton and Denton County. Attachment X12: Draft ordinance, Attachment 02: Map showing proposed Regulatory Line. +~endaNO 9-3 -DoJ D Awda ATTACHMENT 1 CITY OI DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McK1NNEY / OENTON. TEXAS 76201 MEMORANDUM DATE: February 3, 1993 I ~ TOt Planning & Zoning Cognission FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: ETJ REGULATORY BOUNDARY Comparison of City of Denton versus Denton County standards: CITY Or DENTON DENTON COUNTY STREET STANDARDS: 1. ROW 50' - 120' 66' - 120' depends on street class depends on at class 2. Concrete street 5" to 10" plus 6- -depends on street class - Strength 500 PSI flex 0 7 days 3000 pal - Subgrade 6" with ap,,ropriate 6" lime at rate of 30 stabilizing agent based on lbs./SY soil test 3. Asphalt Street - Topping 1 1/2" type D asphalt 2 course penetration or 3" type D asphalt - Base Course 1 1/2" to 9 1/2" type A 6^ type A, grade 2 Re halt, de nda on class flexible base - Sub rada "see concrete" "see concrete" 4. Flood Plain FEMA standards w/building FEMA standards ' Management permits w /permit to build DRAINAGE SYSTEM RE UIRxMENTSt 1. Roadway ditches 25 year 10 year 2. Pi System 10 year 10 year 3. Grasa & lined 100 year 50 year channels 1' freeboard 2' freeboard 4. culverts 100 year 50 year page 8171566-8200 D/FW METRO 434.2529 I I wdaNa Planning b Zoning commission Agenda ltd7i~L11~ February 3, 1993 / Page 2 (ate CITY OF DENToN DENTON COUNTY S. Bridges 100 year 50 year 6. Driveway culverts 25 year 10 year 7. Minimum pipe site le" 15" I s1DEWALKi 1. Within 8000' of 4" thick 4' wide concrete none City Water both sides of interior streets and one side of perimeter street 2. More than 8000, No sidewalk on perimeter none of city Water street J r C1 r Will- l AAA012A3 CHART CONTINUES ON NEXT PAGE Page 4 lNo°-~ Oate SERVICE/FACILITY CITY OF DENTON DENTON COUNTY 1 Water Min. 6" water line No requirement Water capacity for fire No requirement protection: Residential uses: 500-750 GPM Commercial/ I Industrial. 1500-3000 GPM Water wells which meet No Standard for State and City individual wells. requirements may be Wells with more permitted. than 15 service connections to comply with I requirements of the Texas Department of Health. Sewer Minimum 8"lines with 610 No requirement lines permitted in special circumstances. Septic tank may be Septic tanks are permitted where lots permitted subject are more than 200 ft to compliance from the nearest city with Denton sanitary main and County Public normal connection is Health standards. impractical. Septic tank to comply with City ordinances, Street lights Not a requirement City No requirement will participate in costs, _ Underground City participates in No requirement electric cost. utility 1 ATTACfEME:NT 3 R LINE REGULAT RY I IN I I II it I i I I' _I I I I it LT' i . FJ'. i 4 I u ALI i ' i ~1 1 c:\wpdcce\ord\landev.c bQCAdaN9. ~ _ Agendal L ~,5 ~ [ate r 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE II OF CHAPTER 34 ENTITLED SUBDIVISION AND LAND DEVELOPMENT BY CHANGING SECTION 34-38 RELATING TO DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE EXTRATERRITORIAL JURISDICTION TO DEFINE AND CLASSIFY TWO DIS- TINCT DIVISIONS WITH DIFFERING RULES, REGULATIONS AND PLATTING RE- QUIREMENTS SEPARATED BY A REGULATORY LINE TO BE PERIODICALLY RE- VIEWED AND UPDATED; PROVIDING FOR INJUNCTIVE RELIEF FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, Section 212.OJ3 of the Texas Local Government Code allows the City of Denton to extend rules governing plats, sub- divisions and other ordinances relating to access to public roads to the City's extraterritorial jurisdiction; and WHEREAS, Section 212.0045 of the Texas Local Government Code allows the City of Denton to define and classify divisions of land within the City's jurisdiction and not require platting for every division of land; and WHEREAS, the extraterritorial jurisdiction of the City of Denton extends for three and one-half miles from the corporate limits and beyond the boundaries of the Greater Denton Planning Area (GDPA) as defined in the Denton Development Plan and beyond the area defined in the City's Certificate for Convenience and Necessity (CCN) issued by the State of Texas pursuant to V.T.C.A., Water Code Section 13.242 relating to the City's supplying of water and wastewater services; and WHEREAS, the City of Denton has prepared a map of the City's extraterritorial jurisdiction indicating a regulatory line, fol- lowing, insofar as possible, the boundaries of the GDPA and CCN, beyond which services from the City are very limited; and WHEREAS, the City of Dentcn finds that development outside this regulatory line pursuant to regulations of the County of Denton, in lieu of the City's regulations, would be in the beat interest of the citizens of Denton and the individuals residing in this area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENT014 HEREBY ORDAINS; CTION J,. That Section 34-38 entitled "Development standards and requirements in the extraterritorial jurisdiction" of Chapter 34 relating to Subdivision and Land Development of the Code of ordinances of the city of Denton is hereby amended so that here- after such section shall read as follows: it { AC?AdaNa =C27 Sec. Development standards and requirements in the extraterritorial jurisdiction. (a) The Extraterritorial Jurisdiction of the City of Denton is classified into two (2) divisions as indicated on the map reflected in Exhibit "A" attached hereto and made a part hereof for all purposes. Division 1 is that area located within the regulatory line reflected on the map referenced above. Division 2 is that area on the map located outside the regulatory line defined in Division 1. (i) All of the provisions of this chapter governing sub- division and development standards for subdivisions within the city shall apply to all subdivisions and developments within Division 1. (ii) The subdivision and development standards of the County of Denton, as such standards exist today or as they may hereafter be amended, shall apply to all subdivisions and developments within Division 2. The approval of plats by the City for subdivisions and developments in the extraterritorial jurisdiction comprising Division 2 is not required and such subdivisions and develop- ments must comply only with development or plat re- quirements of Denton County and state law. (b) The Planning and Development Department is directed to consider amendments to the regulatory line map whenever the certi- ficate of public convenience and necessity for water and wastewater services is amended by the State, the Greater Denton Planning Area as defined in the Denton Development Plan is revised, or when dir- ected by the Planning and Zoning Commission and City Council but such amendments shall not be effective until the revised regulatory line map is approved by the City Council. SECTION II. That the regulatory line map reflecting Division 1 and Division 2 of the extraterritorial jurisdiction shall be subject to review by the public in the Planning and Development Department. A992I9N II.1. That any person violating any provision of this ordinance shall be enjoined pursuant to the authority granted the City of Denton, Texas, by Section 212.003 of the Texas Local Gov- ernment Code as same exists today or may hereafter be amended, and such person shall be subject to the sanctions and civil penalties allowed the City under V.T.C.A. Local Government Code Section 54.011, as amended. SkCTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Page 2 i 1 Agenda No 9~3 -c~ 7 i` y iy 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 (30) days of the date of its passage. PASSED AND APPROVED this the day of , 1993. i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY BY: Page 3 I 1 Apanda No DO RAFT T MINUTES I " / 01 ~y Planning and Zoning Commission/Public Utilities Board February 10, 1993 The regular meeting of the Planning and Zoning Commission and a joint meeting with the Public Utilities Board was held on Wednesday, February 10, 1993 in the Council Chambers of City Hall, 215 East McKinney. Present from P&Z: Richard Cooper, Jim Engelbrecht, Katie Flemming, Ivan Glasscock, Mary Evelyn Huey, and Melvin Willis Absent from P&Z Mike Cochran Present from PUB: Bob Copelan, Bill Giese, Roland Laney, and John Thompson Absent from PUB: Lillie Clark Present from Staff: Frank Robbins, Executive Director for Planning and Development; Bob Nelson, Executive Director for Utilities; John McGrane, Executive Director for Finance; Jon Fortune, Finance; Kathy DuBose, Finance; Gerald Cosgrove, Water/Wastewater; Jerry Clark, City Engineer; David Salmon, Engineering; Harry Persaud, Senior Planner; Owen Yost, Urban Planner; Mike Bucek, Assistant City Attorney; Linda Holley, Executive Secretary; Cindy Cranford, Clerk-typist; and Olivia Carson, Secretary Chairman Engelbrecht called the regular meeting to order. I. Minutes The Commission postponed consideration of the minutes of January 27, 1993, until the next meeting. II. Hold a public hearing and consider an amendment to the subdivision and Land Development Regulations concerning an area within the Denton Extraterritorial Jurisdiction (ETJ) beyond which the regulations of the County of Denton would apply and not those of the City of Denton. STAFF REPORT: Mr. rersaud stated that the State allows cities to extend subdivision regulations into the ETJ. Denton's ETJ extends three and one-half miles from the city limits. State law also allows the City to divide the ETJ into divisions. Staff is proposing a division in which the City's subdivision regulations would not be enforced. ETJ developers are reluctant to provide improvements based on City standards J I AQ9ndaNo SZ3-co 7 Apenda because the areas are so remote. Some of the ETJ areas age physically separated from the City by lakes or other towns. From a long range standpoint, it would not be easy to provide City services to these areas. The proposed regulatory line has been delineated so that it includes the general area defined as the Greater Denton Planning Area in the Denton Development Plan (DDP). The line also includes all areas for which the City has obtained Certificate of Public Convenience and Necessity (CCN) to provide water and wastewater services _ except those fringe areas which are located in the extraterritorial jurisdiction of another municipality. The CCN area covers approximately 144 square miles and is generally the same area defined as the Greater Denton Planning Area. Exempting areas outside of the regulatory line from the City subdivision regulations would not hurt the City. If the regulations were enforced and the improvements were built, in 30-40 years when the City finally grew out to these sites, the infrastructure would need to be replaced. Denton will not be releasing any of its ETJ, it just would not be requiring the subdivision regulations to be met in the outer area. The regulatory line could be updated annually. Ms. Huey asked if there is much development in the areas between the regulatory line and the ETJ line. Mr. Robbins said that there have been two recent cases in thet area. Mr. Persaud stated that most developments in these areas are large lot subdivisions. Fort Worth has a separate set of regulations with lower standards for large lot subdivisions in its ETJ. People who live out in the ETJ do not expect City services. The enjoy the rural character. Mr. Engelbrecht asked how development in the ETJ would be monitored. Mr. Clark explained that the City is working on an interlocal agreement with the county which would reduce bureaucracy. People would not have to go through two review processes. The County will provide platting information to the City. Staff will try to keep records of what standards are imposed. Mr. Glasscock noted that ETJ platting cases usually apply for variances. Mr. Clark -.tated that by establishing a boundary to which City subdivisit,n standards would be enforced, people won't be coming in asking for variances that could get the City in legal trouble. The proposal would allow subdivisions to retain a rural atmosphere. Mr. Bucek stated that the draft ordinance for the regulatory line provides that the line would be reviewed with any changes i Vends No Agendaltem_&_'3 41 rite J3. in the DDP planning area or water/wastewi-cer distributsystems. Generally the line will not be changed annually. The City cannot just change the line because someone starts developing something. To look at specific cases could be called arbitrary and capricious. If a development is outside the regulatory line, it will have to follow County subdivision standards. This proposal is a little different from what is being done by other cities, but other cities that have different standards for their ETJ are not having any problems. Mr. Clark stated that the first step towards this concept was the adoption of the 8000 foot rule which says that any project 8000 feet from a water line will not have to extend infrastructure. Mr. Willis asked if developers would have to receive approval from both the City and the County and if this proposal would spur ETJ development. Mr. Clark sated that the intent is for the City to be notified early on about developments. Annexation would always be an option. The City would let the County act as the its representative. The City will not have contact with developers. The City will give input to the County, but they will not be obligated to use the Cityts recommendations. If the County fails to perform as expected, the interlocal agreement can be terminated. Mr. Bucek said that the County will provide the City with copies of filed plats. The plats can be reviewed and the developments inspected to see if they are meeting the County's standards. He said that he does not want an annual review in the ordinance. An annual administrative review would be ok however. If the DDP or the water extension system is changed, then there would be a rational basis for reconsideration of the regulatory line. It is not rational to review the line just because of a particular development. On question Mr. Persaud stated that the proposed regulatory line could be extended up along the Elm Branch of the Trinity River in order to include all city limits. Mr. Bucek said that it is the Commission's prerogative to determine if a regulatory line is needed. one reason is that k requirements for City standards may cause some people to develop outside of Denton County. Development in Denton County indirectly helps the City. Also, a regulatory line will not damage the tax base. Charlie Patterson, president of Properties of the Southwest, stated that there is an enormous amount of people that would like to own s-5 acres within commuting distance of cities. His company only does country subdivisions. They cannot develop their product with City regulations because it would Agenda No Agendaltem_ Date be cost prohibitive. To do the improvements they wou d ~ ave to do City sized lots for which there is no market. here will not be any development in the ETJ if City standards are enforced. Bringing people into the county does benefit the City and they are very much in favor of the proposed regulatory line. Ms. Huey asked if there would be firm enforcement of City r standards within the regulatory line. Mr. Persaud said yes, the current process would continue. There would be no enforcement of City regulations outside of the regulatory line. The staff of various departments has looked at this proposal and worked together on it. Staff recommends approval. chairman Engelbrecht closed the public hearing. Mr. Glasscock moved to recommend approval of the concept of the regulatory line beyond which County standards rather than City standards would apply, with the extension of the line up the Elm Branch to include all City limits. Motion was seconded by Ms. Huey. Mr. Bucek clarified that the Commission would be approving the concept rather than the draft ordinance for the regulatory line. Mr. Engelbrecht stated that the concept is a good approach. As with all new standards, modifications may be needed later for refinement. He would like staff to review the regulatory line on an annual basis for at least five years. Motion to recommend approval of an amendment to the Subdivision Regulations by establishing a regulatory line in the ETJ carried unanimously (6-6). 1 I $ fx CITY , 4,. k$ couNCIL I ~I It $ 3fI: - : t awnp Ml T: f}!* 1 4 4~. a 1j+`1 1 I 1: m m +4 rITrrrrr= 0~ O 113 r~Pt ~~017 6G0 sm. ► f n~J7~ No, ~r1- 04 Date _~3 I city of DENTON, TEXAS MUNfCfPAL f3UiLDIN0 / DENTON, TEXAS 76201 / TELEPHONE (817) $668307 _ Office of the City Manager r~ TO: Lloyd V. Harrell, city manager i FROM., Catherine E. Tuck, Administrative Assistant DATE: February 10, 1993 SUBJECT: 1986 Bond Issue History In anticipation of the capital Improvement Program, city staff had been preparing needs for a bond issue for some time before the 1986 bond issue went to the voters. Staff had identified needs and had a list of potential projects waiting for funding. In 19850 the voters had approved a $10 million street bond election to build approximately 14 1/2 miles of street and repair an additional 20 miles of street. However, this did not meet all of the street needs nor did it address any other city needs. Blue Ribbon CIP Citiou Advisory Committee In July 1986, the City Council passed a resolution creating a special citizen advisory committee to provide recommendations on J implementing the City's five year capital improvement plan as proposed by the Planning and Zoning Commission. A committee of fifty-one citizens was appointed in September with Hugh Ayer as the leader of the group which came to be known as the Blue Ribbon Citizens CIP Committee. Project 8eleation Five sub-committees were formed to study the five separate parts of the CIP. The sub-committees were as follows and were chaired by the following persons: Streets/Traffic Jack Miller Drainage Bill Claiborne Library/Law Enforcement/Court Joe Holland Athletic Fields/Neighborhood and Senior Citizens Center Kathy Orr Animal Control Center/Fire Station Bob Gorton The rub-committees began with the City's five-year Capital Improvement Plan. During three weeks of intensive study, each sub- committee held many meetings, conducted fact gathering 1 I I kgendANa Agend3ltem We _ 019 lA" consultations, and made numerous field trips. The five s b- committees met with citizens and city staff to determine the needs in each of these areas. Final reports were drafted by each sub- committee in early October. The reports were pared down slightly and submitted to the full Blue Ribbon Committee on October 13. A report of the proposed bond issue from the Blue Ribbon Committee was presented to the City Council on October 21, 1986. The process that the committee used was explained as well as how the projects were narrowed down and placed into each year of the five-year program. Additionally, the Blue Ribbon Committee suggested that the a citizen committee be formed to ensure that the bonds are spent according to the use approved by the voters. The bond issue was also predicated on a no-tax increase pror4se to the vcters. The City council called a public hearing for October 28 on the CIP proposal. On November 4, the city Council passed a resolution calling a bond election on Decerber 13. 3140tion Aativiti*s Beginning in October, a series of articles were submittal to the Denton Record-Chronicle each week explaining different aspects of the citizen committee, CIP process, and bond proposals. The City Council, Blue Ribbon CIP members, and city staff contributed to these articles. The same Blue Ribbon CIP Committee became the election committee and worked with volunteers on a publicity campaign. Blue Ribbon Committee members headed different task groups including a speaker's bureau, fundraising, special interest group representatives, media representative, public relations, letters from Council Members, and open houses. A list of the responsibilities of each of these task groups is attached. A fact sheet and a slide show were prepared. A speaker's bureau was organized and citizens spoke to service groups and a host of other community and special interest groups. Each special interest group was also assigned a citizen to meet with the group and ensure that information was provided. special interest groups were subdivided into athletic groups, senior citizens and retirement centers, Humane Society, Friends of the Library, Domino Club, ministers, Benefit League, and drainage homeowners. The special interest task group made sure that leaders of the interest groups were informed, coordinated "get out the vote', drives, and sent a post card campaign. Another group of citizens worked on fundraising efforts. This group finalized a budget and raised funds to accomplish the tasks outlined in the budget. The media representative coordinated media coverage and recruited individuals to write letters to the editor. Media representatives were briefed on the bond proposal and the publicity campaign. A press conference was held on November 17 explaining the availability of speakers, announcing the open ---j _ - T egen6eNo _._1~ oa ~ 4pen0altem Clete houses, and recruiting volunteers. The Public Relations group developed campaign materials. City Council Members also launched a letter writing campaign to encourage individuals to vote yes for the bond proposal. The Council wrote personal letters to citizens from the list of voters in the last election. Typing was coordinated for this effort. The open house committee ensured publicity and coordination of two open houses at each of the facilities targeted for expansion: the Library, Police Station, and Animal Control center. k The bond election was held on Saturday, December 13. Approximately j 2,100 citizens voted. The ballot had seven propositions and each one passed. 1 Propositions tXargim Streets/Traffic 4:1 Drainage 4;1 Animal Control Center 241 Fire Station 441 Athletic Fields/Neighborhood and Senior centers 2:1 Library 2:1 Law Enforcement/Court 4:1 Dr. Ayer felt that the success of the 1986 bond election was the broad offering of propositions. There were items on the election that were important and beneficial to most every citizen in Denton. Additionally, the Blue Ribbon Committee concentrated a large part of its efforts on selling the proposals to specific interest groups. That helped ensure that citizens would be out to vote for at least the specific proposition of interest to them and would hopefully vote on all the other issues as well. Dr. Ayer also felt strongly that the idea of a "watchdog" citizen committee gave everyone confidence that the bonds would be spent the way they were outlined in the proposals. The voters must be able to count on the city to spend the funds for the projects approved by the citizens. This is a summary of activities coordinated to ensure the passage of the 1986 bond election. Attached please find copies of the resolutions appointing the Blue Ribbon CIP Committee, the bond proposals, questions and answers about the bond election, task force responsibilities, election activities, and a timeline of activities. Please advise if I can provide additional information. Catherine E. Tuc Administrative Assistant I I i i tsu-1 A001Ne_ 93 -o07 Agm I *L_ IV [Rte . L~ R E S O L U T I O N ~J WHEREAS, in accordance with the City Charter of the City of Denton, Texas, the Planning and Zoning Commission has submitted a list of recommended capital improvements to be undertaken in the next five years; and, WHEREAS, implementation of the capital improvements plan is an essential element of the goal of maintaining the quality of life of the community by providing for the necessary infrastructure, improvements and services to ad.quately serve the community; and, WHEREAS, the City Council has determined that it would be advisable to create a Special Citizens Advisory Committee to provide recommendations on the manner of implementing the capital improvements plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DEMON HEREBY RESOLVES: SECTION I. That a Special Citizens Advisory Committee shall be appointed to make recommendations to the City Council on the manner of implementing the City's five-year capital improvements plan. SECTION 11. That the Special Citizens Advisory Committee sha:i be composed of such persons of the community as specified by the Council and shall perform its functions in accordance with the intent of this resolution, as directed by the Council. SECTION 111. That this resolution shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of July, 1986 0 ALFORU, M&YOR PRO TEM !C} YbF DENT , TEXAS ATTfI: Ii C 1'Y OF DENTON, TEXAS 1PPROiiD AS TO LEGAL FORM: 1 JOE D. MORRIS, ASSISTANT CITY ATTORNEY J C17`Y uF DENTuN, TEXAS i k % AgendaNo Agenda ltem_Lt1~ At we R E S 0 L U T I 0 N SECTION I. t i In accordance with the Resolution of the City Council adopted on the 15th day of July, 1986, the following individuals are hereby appointed to serve as members of the Special Citiztns Advisory Committee on Capital Improvements: Karen Abernathy Elinor Hughes --ti Hugh Ayer Dave Krause Geneva Berg Jo Luker Homer Sly Darla McDade Bill Brady Jack Miller Derrell Bulls AIlie Miller Lucy Campbell Ralph Morrison Mike Campbell Clovis Morrissun, Jr. Bill Claiborne Bettye Myers Jake Craven Kathy Orr Bob Crouch Lisa Patterson Bill Crouch Fred Paterson Frank Davila William P. Phillips Roberta Donsbach Harold Reed, Jr. George Edwards Larry Reynolds John Enlow Richard Salazar Hazel Frederick Joe Short Robbie Gober Chuck Smith Bob Gorton Sue Smith Helen Halley Don Smith Tom Harpool Benny Snider John Harris Donna Trammell Lloyd Hindman Ed Wolski Joe Holland Donald Wright Ann Houston A, F. Wyatt John Hughes SECTION 11. That it shall be the charge of said Committee to make recom- mendations to the City Council on the manner of implementing the City's five-year capital improvements plan. SECTION III. That this resolution shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the 2nd day of Septembet, 1986. IA I5 , HAWK CITY DENTON, TEXAS ATTEST: C OF TON,~TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS December 13, 1M / C3 (13 diclembre de 1986) CRY of Denton Bond Election (Cludad de Donlon Elecclon Pan Bona) SAMPLE BALLOT (BOLETA MUESTRA) O PIK$ An "N" In the War* Uealde Ihe a14twW1 indlcalirq 14 way you wish to vote. (Margve con sine "!t" at cuadro at Wo de to Prase Quo Indies 4 nunaa on Qua qukra usted roto,) PROPOUtION NO. I (PROPUESTA NO. 1) ^ ro" a ►AKA b[t r" NGU&4" OF ypp 0 ' ti MPM MA fd M 10010111 {tA IMOM M ' . t>E tnbl0m, PMn ai`P~aa[a A"Min an Cor 7% u I > r oowl rnv~cq eV 1,41oh f ON No. t trROFMU too. 14 rom a raau op • k i aoAaaaW , 7-1 .'A6Aere{pN1aaM{IW ' ~PRQ~O•f~1~N nv y ¢►~O'{IEfLt n{/ ? 4~ } x+11 ~i~ ~ n ~ 1 ~ I t l' - \ raM~A±aeblu' breea y 3S*w,• 011~a, • E eo a oil Aewrrar a w `ool+r+~o~ of A«rwuaa ' I' ; 7±rsllal ~i Isiule oeanMP . ~ i poopOrPti1o11 40. 4 pl10►UR/TA Nb ~ w11IAPAVe(►tMj brt~i, rttAraoeeera+~ 6~`a w°a'eo°M Al~ t>w oownw A g MA A PAW PMfbe R10N Nb. E,1A NO. p : PAAR 0&0.0" OF MAO" fe Aft C011M1MrtY„~~r4+i4 M E~14011 ^C1~DE Mti' YfAMi oa aOwwA VS.oa ~ a rwwr tw ootrnw MDMMION Ib. a (M0,►UttTA No, p IW is ewr0a all ' 1MI OP lr~a iW~ a 1MNr ' - E Al Dc sr,aoaape ra IIMM . PiiolOhnoM N0.1 ~oPUtiTA No. D F" µ Proa at rNa AVStO a aLAIN Ne pew 40 4 a° laoe°"`ocile° a°° llddietY~ !'"""i A r Aeealur txerrdy „ llalMiy at loft ;Gtwrliaid~ ~ , , it II I I PROPOSITION NO. i STREEMrr,ANSKATATIONPTRAFFIC CONTROL Baron Faewama..u.r.wsin.larr.os Maw s ra,ooa sra.r~ ~ aro,eoa f u fa.ooa 1A°f0i?WkWVwkalCw'"a°"W," 230: PROPOSITION NO. S ~«w w+w.r faoa ANIMAL CONTROL CENTER "PANSIONI j rMie • 1es 30 wf ux OA 44= Ewn Mme! li tl.OOp AK Mat y Skwr YIl~gIIA 40,900 'Y^I"w ConlMCalhr l.pYWpn a_ 1 ?fl sf,llappp lion r.a..T4 MAN PROPOSITION N G O 4 4sa,sa FIRE STATION AND pW"p j '~MP/lyfF'Og4~n414a e . ~ n.Mb llar 44440 aM.pa , , Ra. aMlMil YIIt~M ~ r,.nticprr.. ~ h4rawrl~.t ' ~ a' 7+/y"? ' ~t I I A/AM~ hKY~MvI1j t,"Y Pf ll r I,Eflk l~} r1a fl r ~ S v ~ ~ ~ ~a } '17 , y~f to ,r S rr r.. ~i v~ r` r .'hf •,dslnY1'~K*~ c.,r`f!YI f~y~ ,14~` 'Aptr ,~r_~.1~r T. Fit} .~Y ~ b". T~`• ~~r, 5 } y;:, 3 kr.yw .R ~ 1~,~y'~1.~~~ „ ' , 't. {,yam , I t r.'~~t G~ `,,~+~~'_l;la ' ~r rf ~ . rlrv'` 1dAj1.{ m i, ~ f' y~'`~ ' ~t`' . r qr~ i 4 r ,..p h~. ~ ~i~ 7~r rA r 'ta V6'i{},^•5° ` i ~ M,~... Y , r ~ I r ( ~ st x~`1 ~U'k t" 71 11 'Wow ~.rf J LI I •~i f i'4ty+a 1y t J'' i y~1yY~~ . ~k t 4 111aaa04~ * r rr pf11a s r ~F ~y YI r. w! r Y y ; k 71M.IM 7P P YaMM1140b, fir'' ,OM `r '!1 ' lY j". y"C b~~.` < r.•t I/ I r 1 r N T•k~r ' I J1 1 r ~T'. ~ t I '.rl+ p'! 1I 1 1 J J I Q N ~ N 1 om ' 3 -4 n N 7 V m i ~ n ♦ ~ i a u c~ ~8 W ~L w 0 > ° I L Voter's Guide: 22 QUESTIONS 8t ANSWERS about your bond Issue 54W.-) tenuuv N Q ~ V 3 9 (p LL A , 1Z G m V N 7 \ 41 W U Q ZCO a cec v a o o f ;-K City Comll Z D g 811le Ribbon Cldten't A A O y D Advisory Committee V Planning a Zoning Comml►tlon I i I~ i I I TO THE CONCERNED CITIZENS Of DENTON'. W111 the 21 F At dollar. be cant All 01 Or Why are odd liall rKmiOon cenle•e Ne40417 The December 13, 1966 bond election lot the pro Or the 21 lmahon dotirl w111 fund, five ,it praglam and a, rorlmoot they en ..esen it, Iwo recreation centers in Ine,nowit acid pnsed live year capilal Improveolent program Is one of the iiii led bur I *III be Auld 0rn roar IM IM14Imwrdr edI nor be souh.er eien a1 rho Cllr Hearr gro.lh N9 occunod In Its cell, the most crucial issues facing our community today We ford until FOCI r.11I, end loutheel The 1.0 allowing tellers Ilo being Filed la g Y Y IM mad mum. and many ctnldren and omen MAP Carrel wolf or find have responded to Iwenty two questions that appeal to I will my loot be M1ecledlllMenllw N 7mHllon dollars? promo bonapili 'A bung roil Owl Approrar of the lawl issue rut auow be particularly important while realizing Itlal every quips opro•ad7 the CII, to bulls a ncnnarlon cemn to W of each aide of Our Ting no mallet hew big or small, deserves an ansmo r. cu redly 221 or IM crly tar law, at 594 per I'm rapwornn n. e.uhl cnmmumtl Many of Ihese questions wereasked by members of to.ord nhnme,l of r.nhng debt Inv 217 Ford an dr,1101 bond -flue Ine City Covirll, Citizen's Blue Ribbon Advisory Cam- hef wen aruclursd 9. that there All a no morello In this a loam Why Is *.pension of IN {Ynrar CHUane Centel WHUryt rhos corn, p,,pi can be aporowl .,,hour a lu mpeafe mnree and Planning and Zoning Commission upon in anion'ulde'4 DOpwluroncwwuasmplow and d.mmbtw epKa I1131 rlPyleor CA the recommended . Several ublic How can we be bop, that IN mortal trip Al pied for 106 lnterWaf Our and KIAIIbO losulr Ine eponson A large multi pugs H room and fir program p polo, II Ina pro0oeels e, approved? niece. Game roam, ,it and part roprtl. Mails solaanln9 Fopm, mnpng hearings have been held and alley eight months of in room, and of aces 1,a planned be pan of the proppaad a.penaipo E. tense planning and study ou! groups unanimously the City Crown( .d nu elreadl MoDtd t rnnlupUn had e416bll111e1 a panded a, as lu Carl l no and au tide ad I, It l a l w Ill 610 Al pro.1dad and that all seven and each specific ".",I rl rlnl monllot onq board Member al It's eWe F l ?bon IN total Domino Club will be allowed to move Into IN 104th, AUlee pro CFm,A, A.Iw luury r.ArAdlaa WO be wppulntd to the br.ord N< 'Use loci is needed la help solve problems lhat exist today Pro, ors mull!,meua wile IM prolyds ihla trhtenr group wllnl rem Why an tNla stblatk WON Im"r otp r "FAry? We are also quke pleased io announce that the capital m Ow, a ore the entire Ill, of the moglam and a Status and png ell l IrnprOVemerlt program has been structured so that no ado '.hurl .dl be made p"blICII at ball onto a yea, or more Allen II IN Donlon hat very limited Mir 1Kl0rlel, aod01 this lleur"411 Coal need an sal are fu Py wood *till no loom tot luhre open olon Donlon Hao h I I lower dlUuna) inarepasa In the tax levy is required to fund the lecdulas them Lewlerttle Catalan, or other Chile of cpmpalabFi 0120 ell lips program ti we recenlIF spprove A Ill tai lel Units? Th1s bond Issue *out$ provide aMUgn lunds to Opm lour pt baseball / We hope you will study the facts Carefully and vote me A1Omirt.6Ill 11Sralpmgremwa2apom•ed in t9paMany of andrwoZ)football neides[,orfu*M{anawvannganeanunp6011 On all eBr psis propositions on December lJ the street lm pro•ema AlMaws ban mob end the program 1, continul lg bell geld it bolster lrfipmdng yield No I. dM fti"ing field NO1 Sincere thanks andappreciation. arcordingtoschadus rdur{IIIlyyhied sollball11tld1aMlhNS)fucaINIJ1,orNOrwhkhmill bo lighted win be developed r1 North Lakes PaA. 7*0 0 slips 6011bal1 I / is IM pnpOOl fare rpub cep Avenw tncludod hill Wells end Iran f lied. will a Improved and 1.0 M Sacco fields will be BestDPod of f r 1 f JIrJ ~r , . prapoalllon7 ants Firs. Theis Impronmentd all know far IM growth of IMU.1101 i / No Horner, the Capital Implarent Ptog,am Include hiedl 11 PngrelnO E nay Stephens. Mayor rebuild filling, 'fell A,0106 In ua Dnkenl lochom t.om PAingo Owed C t unlrenny I Alto Of IS roll that pelt Strum traffic will be pa,naul M addlikknal tire aNlbn end 4*wO ill N blpll.def M IM p.raram I ! 1 renewed by So" of IM other ti ffic lmprovamorm propoeah In rho bona Wadi IN co gmceon a imam Italian fti IIU ym so be dual q I 'r y i I r'f r ? iew, mcludmg Mhn/lon of Nonirl Dnrs end Improremanb to ",w in 1 WVOM bond WdMM I I I Mmgo Roed rn Pundit wet approved far an eddlrlwal elation In 1962 TOO foOr it Hugh Ayer, Chairman W4N IM CI11 MY Ole toter cNl of ImpOnmenN Is .rose OM f•derN IS In It KPOUnt and IN Aston will be constructed in t9M A recepy Citizen's Blue Ribbon Advisory Committee roedt such as LUp Fla Of uT IFatl worth 111,41n. And 116 saw (rube IlalyO24aM•m HN moral row two ro•ehuoneMelf to corrinply with 11 Y nil on standards Pat odrerag• Ind 1 asopoMll Ilma of 3 7 10111 5 s 1 11 ld who I Ddvel? This Tilt bond 162W wel1 l tfuMs POP a N9t s rh 3dwir n N t r 0, ~w - 11'r a Such u 9 aIWF id t S 777 and Lope Nitmostamanh can be paid for In be bull in ?M TM too Lo Now shlVOM will to it sup caled in n IM Nnnw Ul , • such 1 wry IMF at t least N W of slab OF r Fedonl Highway runde wlu M and Soulf' naSt at er ne Of ale Clly Bill Claiborne, Chairman $Cw l on nip prolKt For a$q I I )a tontrlbu red by IN ny of Donlon. Planning and Zoning Commission His were the spKlrk MInA9e volute "WtW? Itosite"rW AmWmW Ceuta CeM•r whe band and activities An Ilaf; why do h "W" expend dew he" of peen? it 0dill n&go plolato were SOOKlod ba6ed on lmmMhls needs and the The numbs, of wlmals eMltol*d a Ind Cella NI IMnUed Fin 1n BOND ELECTION allenlblimpact tinthe greatest numberof residents 13 for all Pa aweaptalas%p9rr•prresulting lnaiaaroliIarlmaltII I till OUESTIONS AND ANSWERS lace Included m ms program 111 lhla III option Igo I TN cnle,I taAWti Is Filed SO only 1,200 animists pa yea WAtr do wit road I Law Ure"m ea CoolodCa11n Csrwpke; Niece's la The aner ae ping am poled to crowded aid FrAdvi deb durduiops o What N babN rspoled end *NM Pak,a Oqa rtmenl )met move Into 0* n v11od pie City NAM buts lrgT and staff producrh try Is evenly pmned as a nmu. A on Dworriber 17, 1989 011 registered rclaf m IM City of Donlon .111 The Police OtCelmanl mowed Into lone nnowarod old I Hall but Nlnp Whl de we hold mod Mary ,gooey Nve a chance la dKld, *Mthe, 1 21 r mutton dune capnAl hill rn 1982 et Then was & critical Mod to create Flan 1011 and white spK• 1 nynr bill Mould to approved as quilkly as possible Cnndnlona hero improved, hotter. @IF W the TM American Libary Analklbn odd texas Library Anr.cttlon have epee at IM std City Hall DulNmg Is nol utotle area end IM building dFI6;MI od ma 77 Adults 1•el of fitir State 11 nodded 041 pans what N 6 Capnar Improarrrenl Fchiii abal wit MI designed to accommodate mammal the Spacial -.cods a a all hoary Mr 29,000 liquor6 loot Ind aab on our populol kn of bop A Capital ImD'w Orlmd d amid better 1 yycoup or proleclf lost will, If bop pMO Dspulmenl. Lack of space is till a problem In ISrma of MIA cur pru.imalaly p,0D0, 0 total of 11,2!6 aquprs fool at owe 11 needed . would 01st I h 3111 M a lot 1 Inuad. Shoal. uDg raMd and llwnmg public .emanlt till and nasls aintl 1901, the Article, # of cell lid Idea Fwd, rd an tddll boa 10 1410 moil hat st ha Bc upn,lo rue and d p I 114 mmwbf in old d eq egmpmsl. rmnel s increased 1IIDAM 6 C rs to c11rd th Itseoo ee Olerte I add mom or I' l yeah 11 SthIng hort f recant If approved, IM 75,1100 sq SOuas, e Pool fool lull , etislenc.lords, rterpnturnuod and nd U cdrren nnlua old Caen la hoop pace wo milgoblin solely At u:DTha l Enfortamanr •dl inn tall khod of rK,omm,nded tlvrdoda f moillosN, olhq, d' gnage CeNartourl Cumpiav "If arrive M. cunmt wdlnq priiblem aMism did lulus growls CMIdInWan or the law a dalcemenl ono mllnkapel Will 'he e. Pont library a sap. nded a wle t branch Mrary Who derM„ whkh padpcir projects a Ill opoel hone ee to be, Incfud court functions .III Arlo IN enhanced IM NMI pia APNe.U I I{ w N WAS Ilia Its, Capital imrorenrent p ogre m or and Is lull Of n also imps hill O Coll wider nip full Mr :no mgnr ph,-hove of lob pro- rho Flap dempon If Alert by Inn CnrCnin,11 Till, Plannm nod Zoning yKl will na1 $14,1 unfit Fill The sing Ppl¢s Fat wilt Mrs boon 1l loll lime, a.penepn of it ealt~ng library aM Ina bnncI J1~OoAruFc 0 Ietboingorroi TMOesit napb ld morl6pacl Tnelni al of, lueumenlron lnitylet Ilia hrryw a"hl ill noremenl ro wad lot aDOlod plelmas l0 years Mfinecwnlbu:h]n DVglns on lea WWW I Planning P prolrcl JIM poled is not fMeduIs'i to bogm until fi7119B9 a A I r,, or.. a anal bit eubahhg mild c,ivaump newdn erb,wed by in chose a not scheduled la begin umil 1900 tYi1 bu Oslo C II Drw6tr OWWA. The general putbr,adlnlembd Ormnn reprelulp^p dro'dal that his MHU to keep both o tlonl0 spy that will N to end end CII Hap buainM iN Parke 0 1rt D DM at INS Urtre r uoeyhrva,,M,. alwnmund, wginga Ino,l and bu.nlslel rhrd pIan / Fie apt. III,* to siurly roe grnwlh is occurring and A limit del-lfl CA mrnl mweN Flat EnlaHmanl CenlulO eunC NA m,n11 all, coneulrm lht Born FIHMO OF tie L'I , M First snl poerilsim r: rOuunn lbren s it yell elue IP i.1 men wlwrymLorolmmnWngal l lithoded omi Ianne and Pnna And edded I Fn 1 1 lm or esied t dagM lid / ewerd, l Co uAndu T d lid pla l.ewd ( forewmng d I glling Ine old allyighill ohbWroard $al.1 od, r r IarM M Gatr And M l q,oupn ~ PI nAnon Coll mdlee . Clip Co, nonp and znlinu to and be Ul t City purpose the Cif cis D6nl on 110M p1iahelesnlry nllasmn M xyrUtlan that *111 a rcedwin in IhoDalid hnn onto f ran Up OMd for ls .III ` IM prnpulibpnl r halt A IA NrMa cowl A\` f elI er nld lD• al of apprGximahly 130 and wnnn do 1 boo w yoh7 Not Will IN SoyHIN Imr•r,menl pp9ram be pill ands 1&, 0,1 ivo hill this Fix 00,24 .111 mueHO Cnoshuclrpn or IN L F. AI Its CHI of Crrnlun Cris Cello. DuI lding Palled .1321 n r of Ilona metpp'wed 0 by the Prior, 1net1 oMi0 FnIr la minim Dais pom'SlIng am,la MI mqui todutCoeM Ier.. I lar would ge site* allow C ilCot, Cot, of erbhc cnM canIK .publit es J~ 5 sm" t tH Aml lu nn to, amber 17. 1908 bit wash 7 00 A in and rw 0 in It III 0FiV W 4 r~22J I.... I'll wdl he'Old Ind IM 01,11 all 111 TN Mild %Aler .dl te Piled la more Ala the old C-11 Hall building Mud ceps IM A wll0l* court opt; Iu17rn1 The Omni H herllbuMll,. $no anrlons here Mon sni Ile Imp hunt will also has up dell.. y needed ?pace and palling r'. the who ran I coir Olhave more auafllone paper do band s Fie? O p el lanced ,91r.1 for client H„Mwpmem, about ewer, 1,.. 111 y.rs At.1,6ral 3old0p allow at 188 a.7w by Ine Orion, OF 3 Inn Vrognm la an A,,.rlh I6.1 6,Ft Arid Ilya y whiapq the.11, and (prreLIi ni,ml Its I N no PCity A Var lrnMrit at ct tr 1l08 OSSd ?41 l the .1 ow adahle H) ?veep pas ells our rshijI nee its rid tl. f I I + Agenda No Agenda Items Ili►e~?_- i - TASK MASTER RESPONSIBILITIES ~i A. Speaker's Bureau Task Master - Jack Miller Assistant Task Master - Lisa Patterson Staff Liaison - betty McKean 1. Recruit lay speakers 2. Contact all clubs and get on programs 3. Inform lay speakers of obligations 4. Loordinate with Assistant City Manager Betty McKean B. Fund Raising 'task Master - ketth Appleton Staff Liaison - Lloyd Harrell 1. Work with Campaign-Chair-man to finalize a budget { 2. Raise the required funds r r C. Special Interest Group Representatives 1. Meet with group and inform about the issue 2. Encourage to vote for all issues 3. Insure group leaders contact members 4. Insure group organizes a "get -out, vote" effort S. Prepare post cards promoting the election 6. Special groups 4 a. Athletic Groups Task Master - Mike Campbell Staff b. Senior Citizens, Retirement Centers, High Ste Task Master - Hazel Frederick ppers Staff Liaison - Steve Brinkman c. Humane Society Task Master - Roberta Donsbach Staff Liaison - Bill Angelo d. Friends of Library Task Master - Georgia Caraway Staff Liaison - Joelia Orr e. Drainage Homeowners Task Master - lion Smith f. Domino Club Task Master - Les Holland Staff Liaison - Steve Brinkman g. Ministers Task Master - Bill Crouch h. Benefit League Task Master - Donna Trammell AjendaNo lterrL_.1~,2 Agenda Task Master Responsibilities 1A" Page 2 D. Neu:a kepresentative / Task Master - Bill Claiborne staff Liaison - Rick Svehla 1. Brief media about the issue (Channel 2S, Denton Record Chronicle, university Papers) . 2. Coordinates coverage and appropriate presentations 3. Recruit individuals to write "letters to editor" in support of the issue. j E. Public Relations director Task Master - Joe Holland Staff Liaison - Betty Mclean 1. Develop a campaign slogan and committee name 2. obtain approval from steering committee 3. Develop campaign material as required F. Letters Prom Council Members Task Master - Bob Gorton staff Liaison - Lloyd Harrell 1. Obtain personal letters and marked lists from Council 2. Arrange for private typing of all letters 3. Arrange for mailing of all letters by 12.8.86. U. upen House Task Masier - Tom Harpool Staff Liaison - Kick Svehla 1. coordinate with city staff regarding arrangements. 2. Arrange publicity for event 3. Arrange for refreshments, etc. 3160M/11100 ,agenda No Agentlaltem__ Ccc-s,,,_ tLFCf1VN ,tCliti'[T11:S l~ ~ , A. Prepare Fact Sheet B. Prepare glide Show (15 minutes) and script C. Letter to all Boards and Commission Members from the Mayor with Fact Sheet i L, Letter to all boards and Commission Members from Hugh Ayer with fact Sheet E. Presentations to all Service Clubs and appropriate special interest groups o Service Clubs o Chamber of Commerce o Firefighters o Realtors o Police o School Teachers (TSTA 6 DCT) o Bar Association o Black Community o State School o Hispanic Community o Dental Society o Benefit League I o Medical Society F. Fund Raising 6. Special Interest Groups (contact, inform, get out vote) o Athlotic Groups o Retirement Centers o Senior Citizens o Domino Club I o Humane Society o Ministers o Friends of the Library o high Steppers (Senior o Drainage Homeowners Citizens Dance Croup) H. Media - Record-Chronicle, University Press, CAfV 1. Speakers bureau 1. Lay persons 2. City staff J J. Letter from City Council to friends , N. Tours of Police, Library, and Animal Control L. Letters to the Editor S15SN1/1110$b r Agenda No Agodaltem__1_L' Dais i 1986 BOND ELECTION TIME TABLE July 15 City council passes resolution creating a Special Citizens Advisory Committee to implement Capital. Improvement Plan September 2 City Council appoints fifty-one member citizen committee September 4 First Blue Ribbon CIP Committee meeting; sub-committees appointed September 4 - 30 Sub-committees collect facts, meet with citizen groups, study needs October 4 Sub-committee reports forwarded to Blue Ribbon Committee Chairperson October a Sub-committee chairs and Blue Ribbon Chair reduce project list and finalize proposed projects for each year Ootober 13 Full Blue Ribbon CIP Committee votes i unanimously to approve final CIP list October 15 Planning and Zoning Commission unanimously approves Blue Ribbon CIP Committee report of five year plan October 21 City Council received the Blue Ribbon CIP Committee report of five year plan October 26 City Council held a public hearing on the proposed CIP recommendations November 4 City Council passed an ordinance calling for a bond election on December 13 November 17 Press Conference held December 13 Voters approved all seven propositions of the bond election 7 ~i1..a a : I I a ${jttjy#}!}z 'CITY ICOUNCIL Ij} l OU I I t II'I 11' ,t.:. i .i Tm XT: 0_of 0#,C .o o t ~to s O O ~a~QO GGOD~OOVJ IT-M I LET r1ir TTIM I CITY OF DENTON CITY COUNCIL MINUTES l3 ~I January 12, 1993 9 l/ The council convened into the Planning Session at 1:30 p.m, in the Civil Defense Room. PRESENT: Mayor Castleberry; Council Members Brock, Perry, Smitn and Miller. ABSENT: Mayor Pro Tem Hopkins and Council Member Chew. The council received departmental activities for the next six mor.ths and gave staff direction. 1. Frank Robbins, Executive Director for Planning, presented the following items as major activities for the next six m.:nths: i 4 A. Regulations 1. Rewrite of the Zoning Ordinance which would include a more friendly format, a MXD with bufferyards and three new residential districts. Those districts would include single family estate with a 1 acre mininum site, a single family 3.5 mixed residential use and a manufactured housing district. Additional areas to be considered during the rewrite of the zoning ordinance included a heavy environmental impact eLstrict, a reorganized Board of Adjustment article with a non-conforming amortization section, antennae standards, design guidelines for all site plans, and updated parking standards. 2. Subdivision Process Re-write which might remove the Council from having to deal with replats. 3. Historic Landmark and District Certificate of Appropriateness Process which would streamline the process. 4. Airport Area Zoning which would relate to Airport development issues. 5. New construction codes would include new Uniform Building Code, new Uniform Fire Code and National Electric Code and the Plumbing and Electrical Codes. 6. Signs B. Long Range Planning issues. 1. Annexation plan - review the provisions of ETJ 2. Bike and Pedestrian Access Plan - community appeared to be in favor of proceeding with such a project. Mayor Pro Ten Hopkins joined the meeting. r C. Housing 1 million HOME grant - the City still received word if it had received the requested funding. had not I Agenda No rote City of Denton City Council Minute; Jx ~ y January 12, 1993 Page 2 i 1 2. Rayzor/Southern Hotel - the county had extended the time frame for finalizing this deal until March. community 3. Form a Low and Moderate Income H usingTaskeForce non-profit d b en working on this project and should be completed within the next six months. 4. Home ownership financial assistance - more interest was being felt in this area. D. CDBG Allocation 1. The allocation had increased from $675,000 to $1.052 million which was a large increase for the City to use. City Manager Harrell stated that Council might need to give thought as to how much it wanted to be involved in the allocation process of the funds. Traditionally, the Block Grant Committee made the decisions and then council ratified those decisions. That might have been appropriate when the amount was smaller. The Council might want to get more involved with a larger amount of dollars involved. Council Member Brock stated that she assumed that the federal requirements were involved in having that Committee have so much final say in the allocation of the funds. City Manager Harrell stated that general federal guidelines had to be followed but the block grant money was money which had a policy decision on how to allocate those funds. Mayor Castleberry suggested holding a workshop item regarding this issue. E. Entranceways i 1. Welcome to Denton Sign - should be installed within the next six months. 2. University Drive Tree planting by TXDOT - the trees would be planted within the next month. , 3. Teasley cost sharing with TXDOT - an agreement should be to council in the near future. 4. Dallas Drive landscaping - should continue within the next six months. F. All American City application 1. Staff had started the process of making application for the award. I I i I Agenda Item_ Duce City of Denton City Council Minute.3 January 12, 1991 Page 3 G. Others 1. Argyle-Bartonville City limit agreements - involved land located in Denton's ETJ regarding boundaries. 2. Updated development fees- this had not been done since 1981. 3. "Forrestridge-Hobson" zoning case - both parties had not met yet regarding this issue. 4. ETJ variances - the Council would continue to see these variances. 5. PD downzonings - the Council would continue to see changes in these types of zoning cases. 6. Love Truck Stop annexation - owner of the Truck Stop would like to expand the location. Part of the property was in the Denton city limits and part was outside the Denton city limits. 7. City wide cleanup - preliminary date was set for April for the City-wide cleanup. Betty McKean, Executive Director for Municipal Services and Economic Development, stated that Bruce Hennington, Facilities Manager, and Tom Klinck, Director of Human Services, would be addressing some critical issues for the Council. Bruce Hennington, Facilities Manager, reviewed with Council the Master Space Plan for the City buildings and the proposed renovations and relocations. Council Member Brock asked if all of the money was available for these renovations. Hennington replied that all of the money for Phase I was available. Phase I would impact City Hall West, City Hall and Denton Municipal complex. The City Annex would no longer be leased. The Denton Municipal Complex would affect the Law Enforcement Court Complex, Human Resources, Information Services and included Cooke County and Morrison Milling. City Hall West would involve Engineering Administration, Engineering, Planning and Development, Code Enforcement, Building Inspections, Utility Development, Community ' Development and Main Street. Fire Administration and Training would remain at the central Fire Station. Phase I did not involve the Service Center. City Hall would have the Word Processing Center moved upstairs and provide additional area for council. City Manager Harrell asked for the tentative budget for City Hall. Hennington replied that it would cost approximately $150-200,000. Ap plaNo AgendaOm_,_. t' _~_1.~ rue City of Denton City Council Minutes January 12, 1997 Page 4 7 1 Council Member Ferry asked if the Cooke County/Morrison Milling lease would remain at the same square footage. Hennington replied that it would not increase without Council approval. Morrison could decrease space if the City needed more 1 space. City Manager Harrell stated that originally Fire Administration and Training was to have moved into City Hall West. As the architect worked through the process, it was determined that it would be more cost effective to keep those departments in the Central Fire Station as the move to City Hall West would require use of jail space. It would be very costly to renovate that area. Hennington stated that City Hall West had three levels and that the first floor had two levels which would be very expensive to renovate. The jail level was also difficult to renovate. He presented a time chart for the renovation project. He stated that they would not build or renovate the buildings while the area was occupied. For example, the Police Department would be moved out before beginning the renovation of City Hall West. He presented detailed drawings of how the renovations would occur in the Denton Municipal Complex. Council Member Perry asked how the prisoners would be taken from the jail to the court room. Hennington replied that they would be taken down one corridor to the Court Room which was always in the Police Department. The corridor would be a secured corridor and the prisoners would not be able to escape from the Police Department. He continued with the plans for City Hall West and City Hall. City Manager Harrell asked for the dollar amount for City Hall West. Hennington replied that it would coot approximately $200,000 for City Hall West. City Manager Harrell stated that staff was asking Council for approval to proceed with the construction drawings to get ready to go to bid. Consensus of the Council was to proceed as presented. Council Member Miller asked about the location of the law enforcement building relative to the train tracks. ti 4 AcendaN° - X13 ,Z Agenda City of Denton City Council Minutes January 12, 1991 Page r City Manager Harrell stated that Chief Jez felt that the police _ vehicles would be at locations all over the City and that it would be very rare when all of the cars would be at one location. { McKean stated that Tom Klinck, Director of Human Resources, would Ii present an update on the pay for performance system. Ton Klinck, Director of Human Resources, reviewed the background information which eventually resulted in the Mercer pay plan. Included in that information was the two phased approach which was implemented during 1992. In last budget discussions, Phase II was implemented. Funding was provided for positive recognition for satisfactory employees and exemplary contributors. Dedication and care was being given to fairly identify and recognize exemplary contributors. Klinck reviewed the performance rating incentives. It was recognised that the economy might not support a full-funded comprehensive and expanded pay for performance program in 1993-94 and suggeste-: that staff and Council examine alternatives for refining the performance evaluations and pay incentives that would enhance team, crew and work group recognition. McKean stated that they would be working with managers and supervisors to make this program work well. There was a certain degree of narrowness with the 1/24 increase between categories. Modifications would probably be presented to the Council regarding the matrix. John McGrane, Executive Director for Finanvn, stated the five items he wanted to discuss with Council which would affect the City during the next six months included the (1) capital improvements program and associated issues, (2) upcoming operations and maintenance budget especially the tax revenues, (3) other revenue sources such as alternative sales tax opportunities, (4) grants and recouping associated costs, and (5) risk management program and actuarial study. The Capital Improvements Program had a 1986 bond election for general government programs which was a five year program. It was sold as a no tax increase program and would be accomplished by a decrease in the annual debt service payments, a growth in the annual assessed valuation, and interest for selling those funds. Two of those three items were not fulfilled. The Federal government took away the City's ability to earn interest on the funds. Anything earned over what was paid had to be rebated to the Federal government. Also the City's assessed valuation dropped. Because of those two factors, the program was spread out over seven years. The City still had authority for some projects but not for street and drainage projects. McGrane highlighted projects in the last program. The last general obligation issue was in 1989 with the major project scheduled for a recreation { khnda NO + i er Agenda lcem_-k_J_.. City of Denton City Council Minutes January 12, 1993 Page 6 i 1 renter which was not built. The interest on those funds would be used for the swimming pool renovations. There were no more street/drainage projects and the City would have to go to the voters to do another general obligation issue. There was a large need for projects but the City had no authority to issue money for those projects. There were two key elements associated with the CIP. One was that the City was looking at a bond election and the second was that when the bonds were issued, there probably would have to be a tax increase in order to pay for them. Council Member Miller asked if the last issue was done without a tax increase. I McGrane replied that not all of the projects had bsen completed but so far there had not been a need to increase taxes for those projects. McGrane presented an overhead detailing an Appraisal Roll Comparison. The decrease in value affected the capital improvement side was well as the operational side of the budget. Once the property values started to decrease, the effective rate would go up. He detailed the effective vs. adopted tax rate. Areas where the lost revenue could be made up included other revenue sources, increases in sales tax, and growth through an economic development program. McGrane presented an overhead chart indicating the sales tax projection for fiscal 1992-93. City Manager Harrell stated that for the City to be able to say that for three years the tax rate was at or below the effective tax rate, was very commendable. McGrane stated that two key issues for consideration included the impact of not going to the effective rate and the need for looking at some other sources of income into the general fund. Other revenue sources might include additional sales tax. Currently the City was at a 1% rate which meant the City added 1% over the State rate. The City could use those funds for whatever it wanted. The State had allowed four other areas to be considered. An election would be needed to allow the City to implement an additional tax up to 2t. Sec. 4A, the economic development area, allowed legislation, after an election, to increase by one/eighth of a percent increments to a maximum of one half percent to offset ad valorem taxes. If that were done, it could only be used for land, infrastructure or building acquisition. Ten percent of the amount collected could be used for promotional efforts. If the election were held and approved, the City would have to set up a development corporation which was a 5 member board appointed by council. This would be for a capital improvements budget rather than the operational budget. Age Pda N7 City of Denton City Council Minutes January 12, 1993 Page 7 Mayor Pro Tem Hopkins asked if the Council would have input on how the funds were used or would that just be a function of the development board. McGrane replied that t!.e Board would have control over the use of the funds but the members were appointed by the City Council. Currently the city qualified for Sec. 4-A but did not quality for Section 4-8 as the requirement was to have a county population over 750,000 which Denton County did not have. current legislation only allowed the funds to be used for a specific project and not for operation and maintenance with possible legislation to change the requirements in the upcoming session. Another option was a reduction in the ad valorem tax rate although currently Denton did not meet the qualification for total population. The City would have to project an amount it would receive in an increase of sales tax which reduced the effective tax rate by that amount. This would be added to the budget. In the first two years after passage the funds could be used to offset any shortfalls in budget. The third year the funds could be used for any item. In the fourth year any excess would have to be used to pay back debt service. Currently the City competed with other jurisdictions for taxes. Under this program, the City would only compete with the State. An additional option was to establish special districts such as a health district or an emergency service district. In another area, a recommendation had been made from the auditors to take a closer look at how the City's grants were administered. The City's risk management fund would be in need of an actuarial study in the near future. Bob Nelson, Executive Director for Utilities, stated that in a similar line of alternatives for revenue was the creation of a storm water utility. The Council tabled this item in 1992. Current regulations applied only to cities over 100,000 population with smaller city regulations to come later. The Storm Water Department was under funded and all storm water capital projects had been taken out of the CIP, This could be a new source of revenue. City Manager Harrell stated that this item would be brought back to Council as a study session for Council review, Nelson presented the following major Council issues for the noxt six months. A. Contract to sell power and energy to Texas A&M - A&M wanted to build a new power plant and furnish a new system to the campus. They were interested in the TMPA cities and College Station's proposals, The four TMPA cities along with College Station would City of Denton City council minutes January 12, 1993 Page 8 i sell power, eenergy and steam at market price to the Texas A&M campus through the year 2012. The revenues could reduce Denton rates by 1-2$. Black and Veatch had been hired to do an economic I evaluation study regarding the proposal. A&M would select a + provider by March. B. Approval of TMPA declared project of Texas A&M - The TMPA Board had not decided whether to go with the project. The cities would have approximately 90 days to decide whether to join the project. If the City did not join and had made a proposal to A&M, Denton could fund its share of the project. If Denton did not join the project at all, Denton could he released from TMPA's full requirements and the terms of TMPA contract. That would free Denton to seek other wholesale power suppliers in the future. r ~ C. Challenge of TMPA rate methodology - A consultant had completed a study of the TMPA rate methodology and did fi:,J some inequities. The City was presently working with an Austin attorney to review the TMPA contract and determine the validity of a legal challenge. Staff understood that TMPA was considering hiring a rate consultant. Denton could do some load reduction this year by substantially increasing the payment it was willing to give to its larger customers who would want to voluntarily join in a load reduction program. If Denton was willing to commit approximately $1 million to pay customers to reduce loads for the summer of 199?, the 1994 TMPA costs could be lowered by $2 million provided TMPA did not change methodology in October 1993. The $2 million would come from Garland and Bryan customers. D. Electric System Power Supply Study - a contract would soon be ready with Resource Management International (RMI) to study such issues as burning natural gas at the power plant more efficiently if a gas turbine boiler system were installed and possibly fit the boiler where it could burn solid waste. The estimated cost was $100,000 and would include external purchases other than TMPA. This would consider a combining-cycle unit at the Denton plant and could lower energy costs by $1.5 million. The study would consider waste to energy with combined-cycle unit in order to burn trash and would considar cooperation with TWt7 in a cogeneration plant, if feasible. E. Solid Waste Program with the following major considerations: 1. Preliminary Master Plan 2. Contract to employ a landfill engineer 3. Purchase land for landfill expansion 4. Complete detailed long range master plan for the community which would include developing plans for MSW AQ,M13 No Agoda Item Ftle City of Denton city council minutes <J 3 -J January 12, 1993 Page 9 l composting, reducing yard waste, central versus curbside recycling program, refuse derived fuel facility and waste to energy facility, F. Establish Denton's position regarding involvement in regional solid waste issues. Many believed a governmental or regional entity was the best to own a landfill. Carrollton had indicated an interest in sharing planning information and the UTRWD had indicated an interest to work with Denton in a plan. G. Wastewater Treatment Plant Construction - construction would be completed around October or November of 1993. Associated issues would deal with sludge management, residual manigemento land purchases, toxic emissions control, municipal water pollution prevention program (EPA), and storm water management of biosolids disposal sites. , H. Work with UTRWD on a regional wastewater plan 1. Toxic Reduction Evaluation (TRE) - the Cityfs wastewater effluent exhibited toxicity during the summer months. The EPA required completion of a toxicity reduction evaluation in 36 months. UNT and staff had developed TRE project activities. The EPA required multiple characterization to verify the source of I toxicity. The first characterization identified diazinon as the toxicity. CIBA-GEIGY, a ranufacturer of diazinon indicated an interest in the project. A pilot scale wetland system (1/2 acre) would be evaluated as possible control strategy for the diazinon. The study would investigate toxic and nutrient removal efficiencies of wetland. The annual cost was estimated at $35,000 per year and there was a total of $50,000 budgeted for TRE in FY 93. CIBA-GEIGY had verbally indicated that they would fund tho project. J. Site for site suitability study would beo completed eby 'November p1993. The City Council would review the site study in December 1993. The City Council could then appointed a citizen task force for a final site selection and for the aesthetic design. K. Reconsider Itipact fees - Council might want to reconsider impact fees. The State law now considered pro rata fees on city installed lines as impact fees so the City could not charge pro rata unless an impact fee was adopted. The Council could consider adopting a fee just for pro rata fees. L. Development of to introduce revs ed tlangu language w eculd be in othe Resource Development Act of 1994. OMB was indicat`_ng the position of "up front" funding 1 f Agendalfen~_ City of Denton city council Minutes ei /Ci l/ J7 January 12, 1993 k Page 10 l I of the nonfederal project share. Denton's position had been no deal under an up-front arrangement. M. Wildlife refuge development - the basic concept had been favorably received by the Corps of Engineers and the Texas Parks and Wildlife Department. Rick Svehla, Deputy City Manager, stated that Mike Jet, Chief of Police, John Cook, Fire Chief, and Jerry Clark, City Engineer. would be presenting activities for the next six months in their departments. Mike Jez, Chief of Police stated that one of the primary activities of his department would be the move into the new facility which was on track for planning. The other pressing issue for the next six months would be a computer system which would be a combined public safety system for the fire and police departments. This was in the CIP for the 1993-94 budgEt year. The current system could not continue to manage data or derive any analytical value from the information. He felt there was a need to try and expedite the funding of the system as the 1993-94 CIP had no funding. Late in 1989 the Police Department staff had put together a "Red Book" which was the planning document regarding the expansion of the COPS program. A review of that program indicated that it was about 97% complete. The next major project would be the development of a plan to continue from this point forward with that program. John Cook, Fire Chief, agreed with Chief Jez regarding the computer system. There was a critical need for a new computer to connect the two departments. Mayor Pro Hopkins asked for a total dollar amount for a new computer system. Cook that million replihi h wouldainc full udesystem terminalswould in the police x vehicles $ and approximately $.5 million for computer system only. Lewisville and Carrollton had their systems in place. Construction was moving ' very well on Station 6 and it might be ready near the middle of February. Recruiting efforts continued in the affirmative action area. Council Member Miller asked if the CIP was the only way to fund the computer system. This was an issue which was important to the safety and welfare of the community. City Manager Harrell replied that realistically that was the process to follow or the Council could issue certificates of Avida No Agendaicem-_-_&5 - n rs.._ Z City of Denton city council minutes January 12, 1993 / Page 11 obligation which would have the same effect. Either of those options would be available. _ Council Member Miller stated that this situation was impacting the City's ability to provide srrvices to the community for police and fire. i City Manager Harrell stated that that was the reason it was placed on the CIP because it was a very early project in the next, as of yet, unfunded CIP. Council Member Miller stated that it might be an early project but the time would be lengthy as it went through the whole CIP process. He asked if the money had to be up front if t~-e system were leased. City Manager Harrell replied it was less expensive to have the City issue the certificates of obligation and then lease it back to the City. Jerry Clark, City Engineer, presented two items for Council (1) CIP and (2) an update on the repaving projects. All of street projects from the 1986 bond issue had been completed except for the major h future bond ighways which were on hold by the Highway Department. In the street projects.staff except like to years rec3-40 there eive input were whet erait would be possible to go for a bond issue this summer or at the latest in December for new projects. Important projects included Collin Street, Fort Worth Drive, extend Payne to 135, Hickory Creek Road, Good Samaritan drainage, Bradshaw and Phoenix Apartments for drainage work. Mayor Pro Tem Hopkins asked if the drainage work at the Phoenix Apartments would be eligible for Block Grant money. City Manager Harrell replied yes. Deputy City Manager Svehla stated that there had been a large , increase in block grant money which would allow for including some of these projects. Clark continued with an update on repaving projects. There was approximately $300,000 for overlay and $200,000 for repaving. The four year list was coordinated with the Utility Department to do the lines before repaving the streets. There was a street management study which rated each street within the City. His department was trying to work on the top ten streets and get them taken care of. I J I i { j City of Denton City Council Minutes & I January 12, 1993 Page 12 City Manager Harrell reviewed three points regarding the CIP. (1) the adopted CIP was a really limited CIP put together with the assumption of a no tax CIP. A future debate would be on how r expansive to make the next CIP. (2) The City did all the design work in-house. If the city ran out of CIP projects, a situation might arise where the City would have to let employees go and then possibly rehire when the CIP started again. Consensus of Council was to begin preliminary plans with regard to forming a committee for a CIP. Council Member Miller stated that computers were not in the last CIP and questioned if enough attention had been given to the computer issue. He questior,9d if it belonged in a CIP program or in another area. This was a serious problem which perhaps needed to be looked at as a separate issue. Council Member Brock asked if everything in the computer system was a capital investment. In 5 years the computer needs might have changed. She suggested putting computers into an ongoing funding category. City Manager Harrell stated that that situation would be easy for Council to orchestrate. The Council could raise taxes a few cents and dedicate those funds to computer operations. Traditionally, the only flexibility the City had was to fund that type of item through the CIP. Council Member Miller stated that he saw computers as a separate issue from traditional infrastructure kinds of items. This issue was separate from other kinds of items on a CIP. City Manager Harrill stated that staff could prepare a report regarding police, fire and library and the effect on the tax rate. That could begin before the budget process. Once Council decided that that was what would be done, it took on a concurrent implication to the budget discussions. Council Member Miller stated that he was in favor of moving ahead with the study. Council Member Smith asked if part of the system could be done first and then add on later. Cook replied that the system could be phased i,i over a number of years. I I ~ Apnda No agenda Item I City of Denton City Council Minutes / ' 7 January 12, 1993 l Page 13 t Consensus of Council was to proceed with a report regarding the issue. Deputy City Manager Svehla informed Council that the o,/ealay of airport had been completed and they were in the process of obtaining the land necessary for the extension of the runway. City Manager Harrell reminded Council of the THL Region 8 neeting which was scheduled for January 22, 1993. He also informed council that the bids for the swimming pool renovations had come in within budget. Review of City Council Goals for 1992-93 City Manager Harrell stated that at a prior retreat session, the Council began brainstorming regarding issues important to the City. These issues had been grouped and Council began prioritizing them. 1 Due to time constraints at the retreat, this process was not completed. Those goals had been updated for council consideration. , Fiscal Issues 1. Budget - the budget process had been completed and the format and process from past years had been followed with major issues discussed early. The only input he had received regarding the budget for next year was to have available the prior year and the current year budget for Laylor recipients. Next year there would be a similar format. 2. Impact Fees - these fees applied not only to utilities but also to transportation. All of the fees including the storm water utility issue hinged on the policy debate to move away from the property tax if possible. 3. Examination of user fees - a number of cities in California had gone into the study of user fees and had a consultant look at all services of a city. Those services were categorized whether they should be broad based financed with property tax or pass those costs on to the users of the system. Many California cities had now relied more on user fees as opposed to property taxes. This would need to to a policy decision by the Council for staff to proceed in direction. 4. State in-lieu-of tax payments - this was a long range goal which needed ground work done for this issue. apondaNo _ .~ca j___ Agenda Item-. A" 118 City of Denton City council Minutes / 1 I January 12, 1993 i' Page 14 Mayor Castleberry felt that the Council needed to think in terms of sales tax possibilities and other possibilities for the next budget. He suggested a work session regarding the issue. Council Member Brock asked for information on how much a user fee study would cost. City Manager Harrell stated that it might help in selling the program to the community if that type of study were done to determine those costs and that kind of analysis. Mayor Pro Tem Hopkins felt that with this kind of a setting with analysis of the issue, the Council would be able to come up with pros and cons of the issue. Council Member Perry felt it would be a gocd idea to study the issue and get as much information as possible before starting such a program. Council Member Smith felt that such a study would have a bearing on what would be done in regard to a bond election. Mayor Castleberry felt that it would also be a good selling point for a CIP package. IntergoveEnmgntal Relationg A 1. Local, state and national organizations - the City continued to work with the DISD, the Highway Department and others on mutual projects. 2. Legislative action for authority for half cent sales tax - Representative Ben Campbell had been receptive to sponsoring legislation to allow Denton to have the authority to levy a half i cent sales tax to relieve property taxes. 3. Lobbyist for the Legislature - no lobbyist for the upcoming Texas Legislative Session was budgeted. A further set back was that the city was going to use a member of Utility staff in that capacity but that employee had taken another job. The City would be dependent on TML for lobbying in the legislature. 4. Court of Record - it was felt that this legislation did not have much of a chance unless a lobbyist were hired. 5. Civil service Reform - Deputy City Manager Svehla and Chief Cook were working with other civil service cities for reforms during this legislative session. I Aw6aNo Agend0ea! City of Denton City Council Minutes January 12, 1993 , Page 15 6. Chamber of Commerce & City working relationship - it was felt that the economic development partnership with the Chamber was working well. Economic Development Activities 1. Economic Development- Harrell mention,9d some of the successes in that area such as the utility development lines, the relocation of PACCAR, and the utility fund increase to the City and Chamber economic development project. 2. Airport development - the overlay project was completed and the master plan would be ready in the Spring. The condemnation j work was in process for extension of the runway. 3. Trucking regulations - this item continued to be worked on. 4. Perception of City - "Difficult to Do Buniness With"- several efforts had been initiated to make it easier for citizens/customers to work with the city. A focus group was held in August with business people to receive comments and suggestions regarding working with the City. Quarterly meetings were being held with developers and a questionnaire was given to customers regarding service with the city. Council Member Perry stated that he recently attended a meeting where the City staff was complimented highly and felt that that J perception was going away. City Manager Harrell continued that the City had changed some of its business hours and the Mayor had worked with current industries. Rules and Rpgulati us 1. sign ordinance - this item had been discussed by Council and was well in the process. 2. Public participation for Council meetings - the Council had ' amended its procedures in this area to allow for greater citizen participation. Future issues 1. 21st Century - staff was working on that project and was getting examples of communities which had already done such a project. AoendaNo Agenda lI m- Ito. ~3 City of Denton City Council Minutes January 12, 1993 Page 16 Infrastructure 1. Highway 2499 and other highway projects - this was the first year of a new process to determine highway projects based on the federal guidelines. 2. Upgrade of streets - Council had converted some bond money to allow more streets to be upgraded this past year. 3. Develop a plan for sidewalk repair - $100,000 of Block Grant money had been designated for sidewalk repair in addition to bond funds. Policies 1. Affirmative Action- Harrell indicated steps which the City was taking. 2. ADA - bonds were sold to allow work at City Hall and other facilities to address access for the handicapped. 3. total Quality Management - Internally - orientation was completed and a task force formed to continue to look at this area. Public Safety 1. Public Safety issues - the COPS program continued to be expanded into Denton neighborhoods. The Police and Fire departments continued to research computer aided dispatching systems which would enhance dispatching capabilities. 2. Disposition of Central Firo Station - once the fire station was relocated, a discussion would be needed to decide what to do with the building. Part of the building would still be the administrative offices and part would be available for other uses. utility issues 1. UTRWD - an update had been provided by Bob Nelson. 2. TMPA concerns - Nelson had indicated concerns in his briefing. 3. Storm water utility - that issue had been discussed by Council and a decision made to place the issue on an upcoming work session. 4. Water Power site and design - Nelson had discussed this area with Council. A00nda No AgendaIforq--_!J rydte_ City of Denton City Council Minutes January 12, 1993 Page 17 5. Recycling and landfill waste disposal - these items were tied to the master solid waste plan. Other issues 1. Substandard buildings - 165 structures had been identified as substandard and there were being monitored. 2. New Parks Director - this item had been completed. 1 3. Texas Special Olympics - this project was underway. 4. Housing - continue effort for low cost housing - the Council had received a prior report from Barbara Ross on this item. 4. Donation of old Southern Hotel to the Housing Authority - this project was still being work on. 5. Space - Moore building - Council had received a briefing from Facility Management. 6. Fry Street Fair - Council had dealt with that issue. 7- Fairgrounds issue - the Fair and staff were working with the neighborhood group on issues of concern. 8. Public relations efforts - progress was being made in that area although there still were some gaps as a result of funding problems. A public relations position was needed but would have to wait until the dollars could be allocated. 9, own working relationships this was a council item. Council recessed for dinner. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOD9 J ~anaaNa , ~ ~ 7 CITY OF DENTON CITY COUNCIL MINUTES % X61 January 12, 1997 The city council reconvened into the Planning session after a dinner break. City Manager Harrell led the City Council in a brainstorming exercise. Harrell explained that ag policy makers, the City Council must spend a lct of its time determining specific issues and not directly discussing policy. The exercise was designed to help the City Council focus on policy. Each City Council Member answered the question, what should the Denton Public Library services be like in ten years. The answers articulated by individual City Council Members were as follows: WHAT SHOULD LIBRARY BE LIKE IN 10 YEARS? Bookmobile Other Branch Libraries, Especially northeast Retain Emily Library - Core Centralized, Fully Staffed, Automated, Incredible Adequately Housed - Not Fancy 1 Or 2 Fully Staffed - Not More Checkout - Most Important Mcre Newspapers, Periodicals Not Pie In The Sky Read, User Friendly Access, Interactive - To Citizens - To Schools Be Comfortable To Read Coordinated With Schools Easy Reference Videos in Accord With Texas Library Association Standards In Accord With American Library Association Standards Safe, Friendly - Especially For Children Programs For Children - Expand Acquire More Books - More $ Everyone's Library - Accessibility Literacy Automated - State Of The Art - Some High Tech Services Personal Contacts - User Friendly Adequate Parking , A Lot of Coordination With 2 Universities Staff - Well-Trained - Proper Credentials Provide Wide Range Of services - Including Most Advanced Use For School Projects - At Home Building - Contemporary Well Located The City Council discussed that not all aspects of each person's vision were the same nor necessarily agreed upon by all city Council Members. However, this brainstorming exercise allowed each AmdaNo ApendaItem_ ~~=_¢_2 person to think about what the library services would idea lly,be~ in ten years. The City Council received a report and held a discussion regarding Denton Public Library services strategic planning issues. The full report presented by Eva Poole, Manager of Library Services, was included in the agenda backup materials. The City Council discussed various aspects o The amount of funding from of the Library report. insufficient to meet the demand causednby County resident use.o The City Council consensus was to get an audience with the County Judge and discuss this issue. A task force might dialogue with the ` County Judge and then report the results to the full City Council. The City Manager was directed to contact the County Judge. At the next City Council meeting, the Council would choose the group to meet with the ,judge. City Manager Harrell led the C statement for the Library. After m mCouncil in uch discussion, e th developing council modified the City's mission statement. The following mission statement for the Library was agreed upon: To be a leader among public library systems in developing outstanding services and materials through citizen involvement, innovation, and efficient use of resources. I r The City Council directed the staff to send the results of the City Council's brainstorming exercise regarding a vision for the Library in ten years along with the mission statement to the Library Board. I The Library Board was charged with the task of determining the best way to achieve the mission of the Library and bring the ideas back to the City Council for discussion. The City Council discussed the fiscal impact on the tax rate in terms of operating and maintenance costs of the branch library option. It was determined that if the bonds were sold in March, the impact would be approximately one cent of additional taxes necessary to generate the revenue in fiscal year 1994-95. There would also be a slight increase in taxes to produce the revenue needed to fund a portion of the cost in fiscal year 1993-94. The Mayor took a voice vote to determine the consensus of the Council. The City council voted unanimous) ' library proposal, giving the staff direction Ito Osellr$6the bra 00.000nof bonds in March to be used for a 10,000 square foot branch library. The Friends of the Library would be given until May 31 to raise the additional funds necessary to build a 15,000 square foot facility. I The City Council received a report and held a discussion regarding Emergency Medical Services and strategic planning issues associated with such service. Fire Chief John Cook presented a detailed report regarding the history of emergency medical services in Denton county and the costs of ouch services. The report was J I I ~I I 1 AoendaNo _V2-- Cn 7 AgendaIten_1i' [ate __.~=1~~~ _ included in the City Council's backup materials. D C I The Council also discussed the inequity of the distribution of costs for emergency medical services between citizens in Denton and County and small city residents within Denton County. There was much concern expressed that based on per capita costs and usage, Denton citizens' costs were higher than the rates collected by contracts with Denton County and with small cities in Denton County. Denton taxpayers were paying more than Denton County citizens because the contract amounts were not covering the actual cost of service. Under the current system, a City resident was paying the City share plus the County share in terms of tax dollars. This equated to a City resident paying four to five times as much as a rural or small city resident of Denton County. There was great concern expressed by the Vity Council that Denton taxpayers were subsidizing the cost of emergency medical services to residents outside the city limits. The City Council discussed the safety issues regarding any reduction of service to areas of 'I the County if the County decided to eliminate this non-mandated county service. I i The city Council directed staff to examine ambulance fees and determine the true costs of providing the service. Staff was also directed to begin to dialogue with small cities that Denton had contracts with regarding raising their fees for emergency medical services. The Council further directed the City Manager to contact the County Judge and determine a time for a small delegation from the City to meet with him regarding County funding of emergency medical services. I~ The City Council adjourned at 9:00 p.m. BOB CASTLEBERRY, MAYOR t CITY OF DENTON, TEXAS CATHERINE E, TUCK DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS k I` Agenda h, n--- CITY OF DENTON CITY COUNCIL MINUTES January 19, 1993 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 Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council convened into the Executive Session to discue3 legal matters, real estate and porsonnel/board appointmriit (considered an appointment to the Historic Landmark Commissic.?. 2. The council received a report and held a discussion regarding the City's audit for the fiscal year ending September 30, 1992. Craig Milacek, Deloitte & Touche, stated that the audit was done in accordance with generally accepted auditing standards. The standards required that they plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements were free of material misstatement. It was their opinion that the general purpose financial statement presented fairly, in all material respects, the financial position of the City as of September 30, 1992. A single audit report was performed to determine if the City was in compliance with certain provisions of laws, regulations, contracts and grants. There were no instances of non-compliance in the City regarding this rrea. The firm had provided a management letter which contained recommendations and observations for the City. There were no items which were material weaknesses during the year. ~J John McGrane, Executive Director for Finance, detailed the Report of Management for 1992. Part of last year's management letter suggested the creation of an internal audit position. During the last budget process, that position had been created. The following included some of the recommendations from the management letter and staff's responses: (1) Grant Administrations/grant coordinator - the City had decentralized the grant procurement process which had worked well in the past. Each department dealt with its own grants which was adequate when the City was dealing with a small amount of dollars. The amount and number of grants the City now dealt with had increased. The auditors suggested centralizing the grant ' process and coordinating it under one department. Staff agreed that the growth in grant awards to the City, coupled with the anticipated changes in federal policies which might increase grant availability, suggested the implementation of a formal centralized grant process might be required. Staff would analyze the feasibility of reassigning grant responsibilities to existing staff or establishing a new position during the next budget process. (2) Monitoring of subrecipients - the auditors had noted that there were no formal procedures established to ensure that subrecipients complied with the Single Audit requirements should funding exceed I A~en~al;en__ City of Denton City Council Minetes K rr~~ January 19, 1993 Page 2 $25,000. With the SPAN grant and some areas of the CDBG grants, this might become a possibility. Staff would review the feasibility of centralizing the monitoring function in conjunction with the Grant Coordinator/Administrator duties. (3) Accounting procedures - year-end procedures. The auditors suggested making annual recurring journal entries, a listing of all funds, annual reconciliations, and a sign off for each individual responsible for the above to indicate completion. Staff had suggested a meeting with the auditor prior to closing of year end with a single contact person with the auditors. (4) Fixed Asset Inventory this was a reoccurring comment in the management letter. An annual audit was done for federal grants but it was not done for the rest of the City. Staff agreed with the recommendation that a complete City- wide fixed asset physical inventory and valuation should be done. Because of fiscal constraints, past budget packages had not been funded. Another package would be presented during the 1992-93 annual budget process. The inventory would cost approximately $60,000 to perform. This would be especially important to do with the building remodeling which was due to start in the near future. Mayor Castleberry asked if the inventory could be done in-house. McGrane replied that it would be a tremendous undertaking to do in- house. It could be done in-house if there were a high dollar limit placed on what was inventoried. I Mayor Pro Tem Hopkins felt an inventory needed to be done professionally because of all the technical equipment the City had. She suggested starting with a professional and then update with in- house personnel. McGrane stated that tho dollar amount would not include tagging all of the items. Council Member Miller asked if a random inventory were ever done. McGrane replied that it was done in Purchasing but not in fixed assets. Council Member Chew suggested proceeding with the inventory before starting the remodeling of the city buildings. Consensus of the Council was to look into the possibilities of doing the inventory soon and not wait until the budget process. McGrane continued with the responses to the Management Letter - (5) Data Processing - the auditors suggested reviewing the staffing level and resource allocation methodology utilized by the Data City of Denton City council minutes s January 19, 1993 Page 3 Processing Department. Staff agreed with the recommendation and a review would be done and a budget package presented in the 1993-94 budget process. (6) utilization of PC's - the auditors suggested establishing formal policies to govern the PC data processing operations and use. Staff would review existing policies and procedures in order to incorporate that recommendation. Kathy DuBose, Director of Accounting and Budget operations, presented overheads which detailed the statistical. section of the Comprehensive Annual Financial Report. 3, The Council held a discussion and gave staff direction regarding the formation of a committee to meet with the County commissioners regarding library and EMS funding. City Manager Harrell stated that per Council direction, he had had a meeting with Judge Moseley regarding County funding for the library and EMS, The Judge was receptive for the formation of a committee and would be willing to meet with the Council. He would include commissioners Wilson and Hill as they had representation with Denton and some staff members. The meetings would begin prior to the City's budgeting process. Mayor Castleberry stated that the Council would need to decide who would be a member of the committee to meet with the Judge. Council Member Smith suggested the Mayor, Mayor Pro Te+.n Hopkins, Council Member Perry and the City Manager. 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 Brock, Chew, Perry, Smith rnd Miller. 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 Session of December 15, 1992, A~Sndvho __.%-r~ 7 City of Denton City Council Minutes January 19, 1993 Page 4 Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye's, and Mayor Castleberry "aye". Motion carried unanimously. 3. The Council considered approval of a resolution of appreciation for Joella Orr. The following resolution was presented: RA93-002 RESOLUTION OF APPRECIATION FOR JOELLA ORR Chew motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye,,, Miller "ayes', Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the resolution to Ms. Orr with grateful thanks for all of her years of service. 4. Citizen Reports A. The Council received a citizen report from Chuck Carpenter regarding the 1993 Denton County Day Activities. Mr. Carpenter presented the Council with information regarding the Denton County Day activities for 1993. He encouraged all council Members to attend the activities in Austin. A. E. Wyatt stated that the activities were designed to bring recognition to Denton County and recognition to elected officials. It would bring the County together for more cohesiveness. i Carl Anderson, Denton Chamber of Commerce, stated that the Chamber ~ appreciated the Council's support for the event. He invited the Council to the next quarterly breakfast of the Chamber. 5. The Council received and opened bids regarding the City of Denton Certificates of Obligation, Series 1993. andyforManager Harrell stated that the mally award the Certificates of 0 ligneeded to ation before ndothe ing bthe Consent Agenda as there were items on the Consent Agenda which would be purchased by the sale of the Certificates of Obligation. I f City of Denton City Council Minutes ^ January 19, 1993 Page 5 Mayor Pro Tem Hopkins left the meeting with a potential conflict of interest. David Medanich, First Southwest Company, stated that 10 bids had k _ been received. The following companies bid on the certificates of h obligation with the proposed interest rate: The Principal - 4.899; Smith/Barney - 4.923; Banc one - 5.006; Shearson Lehman - 5.0212; Prudential Bache - 5.0216; A. G. Edwards and Sons - 4.8621; Service Asset Management - 5.007; Nations Bank - 5.008; Barre and Company - 5.009; and Merrill Lynch - 5.1653. He stated that he would check the bids and determine the best bid. 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Planned Development No. 114 by providing a detailed plan on 15.67 acres and by rezoning the remaining 58.81 acres to the Agricultural District on property located at the northwest corner of FM 2181 and Hickory Creek Road, Z-92-030 (The Planning and Zoning Commission recommended approval.) Mayor Pro Tem Hopkins returned to the meeting. Frank Robbins, Executive Director for Planning and Development, stated that two zoning districts were being dealt with in the ordinance. One was a rezoning of a planned development to agriculture. There was a preliminary plat on the Consent Agenda which the Council would later consider. The development would be built in phases with the first phase being serviced with septic j tanks. Later phases would be connected to the City sewer services. Water was currently available and a dedication of right-of-way would be included in the development. Sidewalks would be built around the protected trees in the area. More trees would be protected with this proposal than in the previous planned I development. A buffer was proposed between the property on the east and the proposed development. The intensity analysis had a large decrease over the amount currently allocated in the development. i The Mayor opened the public hearing. Bill Coleman, representing the owner of the property, requested J that the council approve the request. They felt the design would be an asset to the City, Council Member Smith asked about the phases of the development. I City of Denton City Council Minutes f January 19, 1993 i6 l1 `1 Page 6 Coleman replied that the first phase would be the office facilities. The auditorium would be in the second phase. Council Member Perry asked about the construction of the pond and related safety. Coleman replied that the pond would be incorporated into the Cityrs drainage requirements. it No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 93-005 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PLANNED DEVELOPMENT (PD) NO. 114, ADOPTED BY ORDINANCE 86-920 BY REPEALING ALL CONDITIONS AND SITE PLANS UNDER PD NO. 114 CONSISTING OF A 74.5 ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF F.M. 2181 AND HICKORY CREEK ROAD; AND APPROVING A NEW DETAILED PLAN FOR 15.67 ACRES OF THE PD; AND BY REZONING THE REMAINING 58.81 ACRES OF PD NO. 114 TO AGRICULTURAL "A" ZONING DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to adopt the ordinance. On roll vote, Brock "aye",Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Caotleberry "aye". Motion carried unanimously. 7. The Council considered adoption of an ordinance approving a bid for City of Denton Certificates of Obligation. Mayor Pro Tem Hopkins left the meeting with a potential conflict of interest. David Medanich, First Southwest Company, stated that the bids had been checked for accuracy. The bid from A. G. Edwards was recommended for approval. The following ordinance was considered: 1 I j City of Denton City Council Minutes January 19, 1993 f~!y.1J Page 7 j No. 93-006 I ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1993, AND APPROVING AND AUTHORIZING INSTRUM-NTS AND PROCEDURES RELATING THERETO. I Perry motioned, Smith seconded to approve the ordinance. On roll vote, Brock "aye"Miller "aye", Hopkins "aye", Smith "aye", Chew aye , Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. i Mayor Pro Tem Hopkins returned to the meeting. 8. Consent Agenda Mayor Castleberry stated that Item 8.A.5. - Bid 01450 had been pulled from consideration. Perry motioned, Chew seconded to approve the Consent Agenda as Smith presented. O Chew roll vote, PeBrock rry "aye", Miller and Mayor "aye", "aye", "aye" "aye", Motion carried unanimously. "aye". A. Bids and Purchase Orders: 1. Bid 11352 - Type I Ambulance 2. Bid 01421 - Fire Truck Pumping Engines 3. Bid 01437 - Padmounted Switchgear 6 Air Switch 4. Bid 01445 - Tree Trimming 6. Bid 01451 - Filter Media - Anthracite Coal 7. Bid 11453 - Signmaking Equipment S. Bid 11422 - Long Term Disability 9. Bid 01423 - Life and AD & D Insurance 10. Bid 01456 - Pool Renovations 11. Bid 01430 - Rolloff Truck B. Plats and Replats 1. Considered the preliminary lat ! Block 1, Love's Country Stores o Addition, and The 13.7027 acre site was on the southeast corner of ! Milan Road (FM 3163) and Interstate 35. (The Planning and Zoning commission recommended approval.) City Of Denton City council Minutes January 19, 1993 .~f IJ I` Page 8 2• Considered approval of the preliminary plat of Lots andnLot,lBlock 1; Lot 1, Block 2; Lot 1, Block 2; , Block 4 of the Thompson-Connell-Flatt Addition and a Comprehensive Pedestrian Access Plan for Lot 1, Block 1. (The Planning and Zoning commission recommended approval.) 9. Ordinances A. The Council considered adoption of an ordinance ccepting competitive bids and awarding a contract for purchase of maaterials equipment, supplies or services. -8,A.2. x`1437, 8.A.4. - Bid 014450 S.A.6. Bid - 81d 014210 8 .A.3. - Hid 8-A.11. - Hid 11430) 01451, 8.A.7. - Bid 014530 The following ordinance was considered: No. 93-007 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. Chew motioned,smith seconded to adopt the ordinance, On roll vote, BBerock ++aye",Miller "ayell, Hopkins ++aye",++Smith "aye", Chew "aye,+, Prry "aye", and Mayor Castleberry aye". Motion carried unanimously, competitiveh bids Councand cproviding for tithe o ward rof ncont acts tfor public works or improvements. (8.A.10. - Bid 01456) The following ordinance was considered: No. 93-008 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye"oI Miller "aye", Hopkins "aye',, Smith "aye", Chew unanimously Y aye ' and Mayor Castleberry "aye". Motion carried I ,,geldalibn;--- City of Denton City Council Minutes trig `1' January 19, 1993 Page 9 C. The Council considered adoption of an ordinance amending ordinance No, 92-072 relating to the award of bid number 1352 for the purchase of one Type I ambulance to provide for the purchase of an additional ambulance. (8.A.1. - Bid 01352) The following ordinance was considered: No. 93-009 AN ORDINANCE AMENDING ORDINANCE NO. 92-072 RELATING TO THE AWARD OF BID NUMBER 1352 FOR THE PURCHASE OF ONE TYPE I AMBULANCE TO PROVIDE FOR THE PURCHASE OF AN ADDITIONAL AMBULANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (8.A.5. - RFP 11450) This item was pulled from consideration. E. The Council considered adoption of an ordinance accepting competitive bids and authorizing the Mayor to execute an agreement between the City of Denton and Canada Life Assurance Company relating to fully insured long term disability insurance. (8.A.8. - Bid 11422) The following ordinance was considered: No. 93-010 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND CANADA LIFE ASSURANCE COMPANY RELATING TO FULLY INSURED LONG TERM DISABILITY INSURANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4genda No a0endaFtem_./4 ? City of Denton City Council Minutes ~I'~ ^,I January 19, 1993 Page 10 F. The Council considered adoption of an ordinance accepting competitive bids and authorizing the Mayor to execute an agreement between the City of Denton and North American Life Assurance Company relating to fully insured life and accidental death and dismemberment insurance. (7.A.9. - Bid 01423) The following ordinance was considered: No. 93-011 I I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND NORTH AMERICAN LIFE ASSURANCE COMPANY RELATING TO FULLY INSURED LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Brock seconded to adopt the ordinance. on roll -ote, Brock "aye", Miller "aye", Hopkins "aye's, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The council considered adoption of an ordinance amending Sec. 6-4 of the Code of ordinances to provide for issuance of a citation by Animal Control Officers; amending Sec. 6-9 of the Code of ordinances to provide for an offense of permitting an animal to run at large; amending Sec. 6-30 of the Code of Ordinances to provide for an offense to keep or harbor an animal upon receipt of notice requiring supervised quarantine or destruction of an animal. Nonie Kull, Environmental Health Services Manager, stated that the amendment would change the language of the ordinance. It would allow the City to adhere to the decision given by the Fifth District court regarding the language of the ordinance. It would not change any policies or procedures. I i I >~sodaHa ___c?✓~c I a9F^t~aifeat__ .!~~.h' I / I iB r~.lk. 3 City of Denton City Council minutes January 19, 1993 Page 11 j 1 The following ordinance was considered: No. 93-012 AN ORDINANCE OF THE CITY OF DENTON, TEXAS 6-4 OF THE CODE OF ORDINANCES TO PROVIDE FOR ENDING SEC. A I CITATION BY ANIMAL CONTROL OFFICERS; AMENDING SEC U6-9E OF THE CODE OF ORDINANCES TO PROVIDE FOR AN OFFENSE OF PERMITTING AN ANIMAL TO RUN AT LARGE; AMENDING SEC. 6-30 OF N TO PROVIDE FOR AN OFFENSE TO KEEPFORHE CODE HARBOR AN ANIMAL UPON RECEIPT OF QUARANTINE OR DESTRUCTION OF AN OT CE REQUIRING SUPERVISED ANIMAL- AN FOR A MAXIMUM PENALTY IN THE AMOUNT OF $ 200 FOR VDIOLATIONITHEREOF; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye"I Miller "aye", Hopkins Ilayett, Smith I'aye", Chew unanimouslyY aye and Mayor Castleberry ~layelf . Motion carried H- The ncil considered and authorizingothe City Manager to adoption execute as compromise settlement release of all claims in the matter of Pwel q Amberson et al V ~•+id • - Debra Drayovitch, City Attorney, recommended that the Council adopt the ordinance. The following ordinance was considered: No. 93-013 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPRoms E SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF AL V K7nwv.* - AND DEC AMBER-- SAN F~ LARING AN EFFECTIVE DATE. Hopkins motioned, Brock seconded to adopt the ordinance. On roll II Votes"Brock laaei, Miller "aye", Hopkins +layelr, Smith "aye", chew unanimously, ye+ and Mayor Castleberry Ilayell Motion carried I. The Council considered adoption of an ordinance r authorizing the City Manager to make application to the Texas Water Commission for a permit to construct recreational lakes at South Lakes Park. I City of Denton City Council M`_nutes January 19, 1993 Page 12 Janet Simpson, Park Planner, stated that the ordinance would authorize the City Manager to submit an application for the construction of lakes at South Lakes Park. The following ordinance was considered: No. 93-014 A N ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE A IT TO RECREATIONALSLAKESRATCSOUTHIOLAKESR PARK RAND PROVIDING CONSTRUCTAN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry 11aye10. Motion carried unanimously. 10. Resolutions A. Council considered authorizinghthe City Manager to sign and submit anfam nd ent torthe 1991 Final Statement of Community Development Objectives and Projected Use of Funds submitted in June of 1991 to the U.S. Department of Housing and Urban Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended. (The Community Development Block Grant Committee recommended approval.) Barbara Ross, Community Development Administrator, stated that the resolution reallocated residual funds from the Wilson street sidewalk account and the Administration account to complete repairs, resurfacing and new goals for the basketballs courts at Fred Moore Park. The following resolution was considered: No. R93-006 ' RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1991 FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED IN JUNE OF 1991 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. I~ f ACErdaite!n•---A) City of Denton City council minutes January 19, 1993 Page 13 Chew motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the submission of an application to the Texas Criminal Justice Division requesting continued funding for the Drug Abuse Resistance Education Officer. Rick Svehla, Deputy City Manager, stated that this was an annual application for the DARE grant. This would be the last year the city would be eligible for matching funding from the Texas Criminal Justice Division. This year the funding would be approximately 20% of the grant. The following resolution was considered: No. R93-007 A RESOLUTION BY THE COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING CONTINUED FUNDING FOR A DRUG ABUSE RESISTANCE EDUCATION OFFICER; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. Miscellaneous matters from the City Manager. Lloyd Harrell,City Manager, presented the following items: A. The next TML Region 22. Council Members Smith and Brock had Indicated that athey, awould like to go. Bob Nelson would be going and would provide ' transportation. B. APPA would be held on February 22-23. Any Council Members interested in attending should contact Bob Nelson. C. A work session was scheduled for next week. One item staff would like to present dealt with the language of the sign ordinance dealing with the temporary sign issue. Another item would be the evaluations of the Council's three employees. 1 r AM da No AVendaitem--~J City of Denton City Council Minutes fb!z"._l~ January 19, 1993 Page 14 Consensus of the Council was to have the sign ordinance on the work session and complete the evaluations of the council staff members. D. Staff had received information today that the city would not be awarded the grant for the South Lakes Park. The North Lakes application had to be submitted three times before it was awarded so this was not out of the ordinary. There was a good possibility of having the funding awarded in July. The application would be resubmitted and the money would be held until such time as the funds were awarded. 12. Official Action on Executive Session Items Brock nominated, Smith seconded to appoint Judy Cole to the Historic Landmark Commission. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", "aye", Chew "aye", "aye", Smith and Mayor Castleberry ~~aye", Motion carried unanimously. I 13. New Business There were no new items of business suggested by Council Members for future agendas. 14. Executive Session: The Council did not meet in Executive Session during the Regular session. With no further business, the meeting was adjourned at 7:50 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENN`R WALTERS- CITY SECRETARY CITY OF DENTON, TEXAS A000000C AgeadaNo Agenda Item D?".e.__,_2.-2Y IW'~._ CITY OF DENTON CITY COUNCIL MINUTES 3 JANUARY 26, 1993 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 Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council received a report and held a discussion regarding amendments to the sign ordinance and gave staff direction. Frank Robbins, Executive Director for Planning, presented Council with a handout, which was included in the agenda backup, detailing the definitions of various types of signs. He indicated that at the last discussion, Council had indicated that temporary signs should have supports no larger than 4X4, be non-permanent in nature and content neutral. It was felt that it would be necessary to prevent temporary signs from becoming permanent. By including the definition of a ground sign in the definition of a temporary sign, the regulations applicable to ground signs would apply to a temporary sign. if a temporary sign were not an on-premise sign, it would be considered an off-premise sign and the 1500 foot spacing requirement would be applicable. Council Member Chew asked if that would apply to political signs. Robbins replied no that the definition of an on-premise sign would take care of political signs. Council Member Brock asked if it would matter where the sign was placed. Robbins replied not directly. He reviewed the standards for a temporary sign. Council Member Perry asked if the stakes had to be removed when the temporary sign was taken d'iwn. Robbins replied yes that all of the sign would have to be removed within 10 days after the event. , Council Member Perry asked if the definition of "temporary" applied to the sign or to the event. Robbins replied it applied to both and that the definition was a bit of a "gray " area. Council Member Miller asked how those signs were handled under the current ordinance. AQ,jnda No ~GL AgeidaItem,-- 2_---- rb,e City of Denton City Council Minutes January 26, 1993 Page 2 Robbins replied that the signs now had to be hammered into the ground. Council Member Miller asked if a real estate open house would be a temporary event. Robbins replied yes because it was not a regular event which the company would have. Council Member Miller asked if a department store's sale would be a temporary event. Robbins replied no because that was what the business did on a regular basis. Council Member Miller asked if examples of temporary events could be included in the ordinance. Debra Drayovitch, City Attorney, stated that the definition of temporary events was really a gray area and there might be exceptions to the wording of the ordinance. Mayor Pro Tem Hopkins asked if this was a problem with the current ordinance. Robbins replied no because the signs were not regulated in this manner. Mayor Pro Tem Hopkins stated that if there was no problem with the current ordinance, why was the wording going to be changed. Robbins replied that there seemed to be an indication that temporary signs would become the next version of the portable sign. This was a tightening of the provisions for temporary signs. He presented a distinction between temporary signs and wind devices. The stake sign definition would no longer be included in the ordinance as the provisions would no longer apply. He reviewed the definition of a portable sign and presented examples of portable signs and temporary signs which were not up to standard. Mayor Castleberry asked if the proposed ordinance would handle these types of signs. Robbins replied yes. He continued with a distinction between on- 1 premise and cff-premise signs for the use or lose provisions. Council Member Perry stated that he would encourage that the sign ordinance be enforced once passed. 1 jl I I agormaNo A~endaltem__~~ City of Denton City Council Minutes J I1~3 I January 26, 1993 Page 3 Mayor Castleberry indicated that there would be a public hearing regarding the sign ordinance at the next council meeting and a _ consideration of the proposed ordinance. 2. The Council convened into the Executive Session to discuss legal matters, real estate, and personnel/board appointments (continued the annual evaluations of the City Manager, City Attorney and Municipal Judge.) With no further business, the meeting was adjourned. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOODF 1 I I t.r: fit f . ft ~ + ♦~N♦f+-1+ M r}f t F ;23 t ~t rf f. 22222: ~ ~~~C ITY~,3!#~;t . x;COUNCIL r~,~'I `I {ISI~t#It SI;r`t~t~ftt~ I I If I 4 I Ea000 Q~ s ro 0 s 4 ~ O e 4 n OWN S~ 0~~~ dEEO ITTI: }}#t I,tat 11 T ---T t IMF: Agead~ No ~ O r> ~ , eudu#~Dtt "~endait~~ in appreciation of ate- /E2.3 t~ "PAUL BZXDL8" i 1 WHEREAS, on January 15, 1993, Paul Beadle retired, after serving as a Fireffghter/Driver since November 1, 1961; and WHEREAS, during the past 31 years, Paul has represented our City in the City of Denton Fire Department as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Paul and wish to recoginze same; and WHEREAS, Paul has always served above and beyond the effi- cient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleag- ues, and citizens of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: a That the sincere and warm appreciation of Paul Beadle felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the city Council of the City of Denton, Texas and rorwarding to him a true copy thereof as /a token of our appreciation. PASSED AND APPROVED this the I[0 day of r 1993. BOB CASTLEBERRY, HA OR ATTESTS r JENNIFER WALTERS, CITY SECRETARY r ~ BYr APPROVED AS To LECAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: G ij.L7.r. + i :I MIT 1 CITY i COUNCIL j r r 0 ~ s e ♦j, Oro t t+~0 {'i ~ ~~Q0000~~ i i I { Benda Ho J~~J ~ ±~~nrlu#tnn ADendaltem in appreciation of Date "LEWIS WAYNE MDAPHEY' WHEREAS, on January 15, 1993, Lewis Wayne Murphey retired, after serving as Firefighter since October 17, 1966; and WHEREAS, during the past 25 years, Wayne has represented our City in the City of Denton Fire Department as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Wayne and wish to recoginze same; and WHEREAS, Wayne has always served above and beyond the effi- cient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleag- ues, and citizens of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That the sincere and warm appreciation of Lewis Wayne Murphey felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding to him a true copy thereof as a token of our appreciation. PASSED AND APPROVED this the /614<--day of C/I 1993. BOB CASTLEBERRY, MA R ATTEST., JENNIFER WALTERS, CITY SECRETARY BY., Y-4 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i ~VLLS~42 . . 41+ ~V f lit Y21 I,;.. r C IT T: -:*:'COUNCIL ,rt ; ,,F.IIFS;{ rttt r is if{ :`t;1~i y1If. 4 1 T+ `rir II ft f,. + 2# r t . I 44 ~o~poooa ~o~~ to s~ c a° Da a 0 )o ~aQOCaGLG~~ T: T: J I t . it .i~~~t{f Agooda No 3 04„~ DATW#Q `9sa CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Z-92-023, Rezoning a 32.045 acre tract from the Agricul- tural district to the Single Family 10 district with RECOMMENDATION: The Planning and Zoning Commission, at their November 11, 1992 meeting, recommended approval with conditions (6-1). SUMMARY: Requested rezoning of a 32.045 acre tract of land from the Agricultural District to the Single Family-10 District with conditions, SF-10(c). BACKGROUND; On December 8, 1992, the city Council conducted a public hearing and considered the rezoning of this tract which is located on the east side of Country Club Road, approximate- ly 920 feet south of Hobson Lane. Due to neighborhood opposition, the Council chose to table the request in an effort for the developer and neighbors to reach a consen- sus. On February 3, 1993, the developer held a neighborhood meeting with their proposal. Specific concerns the neighbors had were: 1' propertyrequesting an 8 foot high masonry wall around the ' 2. minimum house sizes; 3. minimum lot sizes. The developer and neighborhood are still in the process of negotiating at the time of this writing. PAGE 1 ~an~aNo _ Y-L- jen61l1em__!~JJ'f5 N Date _ V._._P - / ~ - 3 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Forrestridge Homeowners Association Building Inspections 1 Planning and Development Department Surrounding Property Owners FISCAL IMPACT: N/A i r ATTACHMENTS: 1. P&Z Report of December 8, 1992. 2. City Council minutes of December 8, 1992. Respectfully submitted: Prepared by: AdV. arrell er 1 4Kan K. F shari, urban Planner Approved: l Frank H. Robbi s AICP Executive Dire for Planning and Development 1 AXX0024E PAGE 2 R S~undallsm~ ~ 5 ~~r~r ORDINANCE N0, 3 ~ V AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL ZONING DISTRICT TO SINGALNE FAMILY SF-10(C) WITH CONDITION ZONING DISTRICT CLASSIFICATION D USE DESIGNATION FOR 32.045 ACRES OF LAND LOCATED ON THE EAST SIDE OF COUNTRY CLUB ROAD MATELY 920 FE UTH BSON PENALTY IN THE MAXIMUMEAMOUNT OF $2,000 F R OLAT NS TH REOFO A PROVIDING FOR AN EFFECTIVE DATE. AND WHEREAS, Hammett & Nash has applied on behalf of Giovanni Giomi for a change in zoning for 32.045 acres of land from an Agricultural Zoning District to Single Family SF-10 zoning district classification and use designation; and WHEREAS, on November 11, 1992, the Planning and Zoning C sion recommended approval of the requested change in zoning withsa condition; and WHEREAS, the City Council finds that Single Family SF-10(c zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 32.045 acres of land described in Exhibit A, attached to and Incorporated into this ordinance by reference, is changed from Agricultural Zoning District to Single Family SF- { 10(c) with a condition zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. i SECTION ItThat in accordance with Ordinance No. 91-078, the property shall-be subject to the following condition: Any and all lots abutting the Forestridge Subdivision Phase I or Phase II, will be no less than 13,000 square feet in size. SECT_ III, That the City's official zoning map is amended to show the change in zoning district classification. S___ION yi That any person violating any provision of this 4 ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. 5EL9110--Y - That this ordinance shall become effective fourteen (4) days from the date of its as, and the City Secretary is hereby directed to cause the captiongof this ordinance to be published twice in the Denton Record-Chronicle, the official r !panda No 9~ -oc 7 r agendaltem~.~ ~,~~'f) Data newspaper of the City of Denton, Texas, within ten (10) days of tffe y date of its passage. PASSED AND APPRC VED this the day of 1992. SOB CASTLEB6RRY, MAYOR i ATTEST: JENNIFER WALTEP,S, CITY SECRETARY BY. APPROVED AS TO LEGAL FORAM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: &eAAfc f PAGE 2 r f AgsaddND _1Y.3__G.. l ALL '3AT CERTAIN TRACT OR FAA AgenddlleBEIN- SITUATED IN THE T. J. MART-L OF LAND YING AND IN SURVEY,LABST~ACT ftIIMHER 900, DENTOH COUNTY, TEXAS, AND BEING AL. Ol t>~1B__a,_il_=13 _ TRA .COLVICTLLE1 AS DESCRIBED IN A DEED PROM ILLIAS S. d1~f~~7 , A/!C/A W. S. COLVILLE, TO GIOVANNI GIO'Q 09 TBE 28TH DAY OF FEBRUAP.y 1992, AND RECORDED IN V 3186, PAGE 366, REAL PROPERTY RECORDS OF DENTON TEXAS AND BEING MORE PARTICULARLY DESCRIBED COWS' BEGINNING BEGINNING AT AN IRON PIN AS POLLO'r3~ i ROAD 1830 IN TEE EAST RIGHT OF WAY OF CORNER OF TRACT IiOUNTRY CLUB ROAD) AT THE NORTHSE$! THENCE SOUTH 89 DEGREES 58 MINUTES 32 SECONDS EAST ' ALONG AND NEAR A FENCE IRON PIN AT THE NORTH NORTHEAST CCORNER2OF SAIDETRTACTT AS THENCE SOUTH 00 DEGREES 10 MINUTES 33 SECONDS WEST A DISTANCE OF 100,06 PEET TO AN IRON PIN AT AN EL CQ3:M OF SAID TRACT I# THENCE NORTH 89 DEGREES 57 MINUTES 39 SECONDS i NG AND NEAR A PENCE A DISTANCE 1322.83 lAAI IRON PIN AT THE EAST NORTHEAST CORNER OF SAID FEET M IN THE WEST BOEUNDACTIONRY LINE OF LOT 33 3 BLOCX 8, TRAM I FORRESTRIDGE, S, OF PAG3 56, PLAT RECORDS ONE TO RECORDED IN VOLUM$ 11, OF DENN COUNTY, TEXAS# THENCE SOUTH 00 DEGREES 35 MINUTES 28 SECONDS TES! ALONG THE WEST BOUNDARY LINE OF FORRESTBIDGE. SECTIOs ONE A DISTANCE OF 123,90 FEET TO AN IRON PIN AT ?BE SOUTHWEST CORNER OF SAID LOT 33 AND TBE NORTHIMST CORNER OF LOT 34, BLOCX 8 OF FORRESTRIDGE, AS RECORDED SECTION TWO IN CABINET Cr PAGE 12, PLAT RECORDS OF DENTON COUNTY, TEXAS# THENCE SOUTH 00 DEGREES 07 MINUTES 38 SECONDS TEST ALONG THE WEST 80UNDARY LINE OF FORRESTRIDOE, SECTION TWO A D13TANCE OF 212.34 FEET TO AN IRON PIN AT TBI SOUTHEAST CORNER OF SAID TRACT I# THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF SAID TSACT I A DISTANCE OF 2617.02 FEET TO AN IRON PIN IN THE EAST RIGHT OF WAY OF P.M. ROAD 1830# THENCE NORTH 00 DEGREES 19 MINUTES 01 SECONDS EAST ALONG THE EAST RIGHT OF WAY OF P.M. ROAD 1830 A ' DISTANCE OF 735.95 FEET TO THE POINT OP BEGINNING A.YD CONTAINING IN ALL 32,045 ACRES OP LAND. A04nds No ~~~3 Ca 7 Aganda item`'~'0 AT'PACHMENT 1 4' PLANNING AND ZONING COKSISSION REPORT ~f Tot Mayor and Members of the City Council Case No.t Z-92-023 Meeting Dater 12/08/92 GENERAL INFORMATION i Applicants Hammett & Nash 223 W. Hickory Street Denton, TX 76201 Current Owners Giovanni Giomi 1444 oaklawn, Ste. 605 Dallas, TX 75207 Requested Actions Rezone a 32.045 acre tract of land from the Agricultural District to the Single Family-10 District (Conditioned). Location and Sizes A 32.045 acre tract of land located on the east side of Country Club Road, approximately 920' south of Hobson Lane. Surrounding Land Use and Zonings North - Planned Development 104 (vacant), Agricultural South - Agricultural East - SF-161 Forrestridge West - Agricultural Denton Development Plant Low Intensity Area. SPECIAL INFORMATION Transportations For SF-10 zoning, the standard of the subdivision ordinance will apply: A~entlailem_._ (Case Z-92-023) 0!te Page Two r,7 SPECIAL INFORMATION (Continued) o Sidewalks will be required on Country Club Road as well as any interior streets. 0 Curb and gutter streets are required. I 0 No drive approaches will be allowed on Country Club Road. Dtilitiese Wateri The proposed subdivision can connect to the six (6) inch water line on Country Club Road. Severs At the time of platting the following must be addressed: o The entire development will require a lift station that may be pumped to the vicinity of Coed lift station presently inactive 0 The engineer needs to calculate capacity requirements for the entire development. o The proposed lift station needs to meet the Texas Water Commission criteria. i Pirai Approved fire hydrants will have to be installed in the development, spaced a maximum of 600 feet apart on a minimum of a six (6) inch public water main. The minimum water capacity required is 750 gpm. Electriel Electric service is available to the property from an existing three phase electric circuit on Hobson Lane. Extension of City facilities on Country Club Road would be underground, Drainages Channel improvements will be required. After the , improvements are completed, an "as built" flood study will be required to be submitted to the City Engineer. The City Engineer will forward the kitudy to FENA for official letter of (flood) map revision. I I A f f AEdendaltem_lZ ~1_.. I (Case Z-92-023) (ate _ :2:_(__~ Page Three HISTORY The tract of land is part of a 111.72 acre tract annexed into the City on February 15, 1983. No zoning activities have taken place on this site. The requested rezoning fully complies with the policies of the Denton Development Plan. On October 14, 1992, the Planning and Zoning Commission heard case Z-92-023. Because of the number of neighbors at this meeting who requested information about the lot sizes and types of homes proposed, the Commission tabled consideration until the developer could meet with the neighbors. f On November 5, 1992, a neighborhood meeting was held at City }call. The majority of the participants were Forrestridge homeowners. Their main concerns were types of homes and the sizes of these homes and lots. The developer passed out their proposed deed restrictions and a possible layout of the subdivision. As no plat has been submitted to the City, no review of the layout with regards to regulations has occurred. The applicant agreed to consider that any lots to the east of the proposed drainage easement be no less than 13,000 square feet in size. He also agreed that he would reconsider minimum house size from 1800 square feet to 2200 square feet. He pointed out to the neighbors that the size of the home is normally determined by the market. Other concerns the neighbors had were future land use types on other vacant parcels abutting Forrestridge. Staff explained that their property was in a low intensity area and that low intense residential uses would be encouraged. Staff further explained that the City had not been contacted by potential developers regarding these vacant tracts, but that the City would keep the homeowner association abreast of future development in this area. After consideration, the applicant contacted City Staff, requesting the rezoning request including a condition that any and all lots abutting Forrestridge Sections I and II would be no less than 13,000 square feet. , On November 11, 1992, the Planning and Zoning Commission continued their public hearing and consideration of Z-92-023 from their October 14, 1992 meeting and recommended approval with the condition as requested by the applicant and recommended by staff (6-1). tQp,rta No (Case 2-92-023) Ive J3. Page Four 52 ANALYSIS This property is located in a low intensity area. According to the Denton Development Plan, these areas are primarily for the protection and preservation of residential neighborhoods. r Currently this tract of land has an intensity allocation of 1,922.7 trips (60 x 32.045). Single family-10 use combined with single family-13 lot sizes, has an intensity allocation of 961.35 trips (30 x 32.045) thus reducing the intensity allocation by one- half. 1 As stated in the History section of this report, the requested { rezoning fully complies with &U policies of the Denton Development Plan regarding Low Intensity Areas. Emphasis is placed on the intensity allocation policy when evaluating a zoning change regardless of what area of the city the request lies. In this particular case, allocation would be reduced by one-half. Another policy pertains to housing diversification. "It is the policy of this plan that housing diversity be strongly encouraged in Denton as a whole. The policy of housing diversity is closely related to housing size, density and cost. Housing diversity is defined in units per acre as low (0-5), medium (6-less than 12) and high (12 and over)." The Plan goes on to state: Diversified housing patterns should be well planned to insure that all neighborhood integrity is maintained. Examples of planning policies are: 1. No type of housing be overly concentrated in one area. * 2. Good site design transition between housing types and density, greenbelts, housing density gradation and architectural design. * 3. Tranaportation design so that higher density housing can be served without flowing through lower density areas. 4. Provide for different modes of transportation to be integrated within and between neighborhoods and activity centers. r Agenda (Case 2-92-023) Page Five - G~ 5. Create codes and ordinances to promote end encourage the quality of smaller size housing. At the southwest corner of Country Club Road and Hobson Lane there lies a Planned Development District with uses approved for: a.) General Retail. b.) 220 multi-family dwelling units. c.) 34 zero-lot line homes. I We consider this to be a high intensity land use. The proposal of 32 acres being zoned for single family residential with 10,000 square foot minimum lot size is considered a reasonable land use transition to the single family-16 lots in Forestridge. Policy #3 above makes reference to transportation design so that higher density housing can be served without flowing through lower density areas. The design of the proposed subdivision does not, nor can it have access through Forestridge. All access will be via Country Club Road and the entrance between the two subdivisions are more than one-half mile apart. The applicant has stated that the homes he is anticipating being built in this area will be in the $150,000 - $200,000 range. Research has indicated that existing homes in Forestridge have been selling in the $1400000 - $225,000 range and new homes are being built between $70.90 sf, to $90.00 sf. As in all zoning cases we look mainly to land use compatibility. The Plan does go into detail about emphasis being given to the development of diversified housing in all sectors of the city, which also suggests that one housing type should not be concentrated in any one section of the city. The Planning and Zoning Commission believed that by placing the condition on this tract of land that "any and all lots abutting the Forestridge subdivision, sections I and II will be no less than 13,000 sf", was a valid comprom:ae in the scheme of land use issues. Although there was extensive discussion on size of homes to be built, this was not an issue the Planning and Zoning ' commission made a recommendation on, as this is normally handled via deed restrictions or covenants, authored by the developer, and filed with the County. I i AAendaNo Ageida (Case Z-92-023) fk',e._r~ _Lli~_1 Page Six I~ RECOWENDATION The Planning and Zoning Commission recommends approval of Z-92-023 (6-1), with the following conditicn: Any and all lots abutting the Forrestridge Subdivision, Phase I or Phase II, will be no less than 13,000 square feet in size. ALTERNATIVEG 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition 4. Delay consideration ATTACMONTS 1. Location Map. 2. Draft minutes. 1 ~F Z-92.023 Hobson l...ene AgWaNo Agenda+tem.s #5~4~~?RTH wmm~ ~r I T =va .aeson *a r- - J.Ys ~ ~Jr I~~ ■ SITE r-''MUMKjlkji i \ - 31 RTUI ~ ' 1 'r I \ fl at: lo/01M t Sake NONE I ATTACHMENT 2 M[IYUTES Ageidalfom.._.~~~ _ PLANNING AND ZONING COMMISSION November 11, 1992 The regular meeting of the Denton Planning and Zoning Commission was held on Wednesday„ November 11, 1992, at 5;00 p.m. in the Council Chambers of City Hall, 215 East McKinney. Present: Mike Cochran, Richard Cooper, Jim Engelbrecht, Ivan Glassock, Katie Flemming, Mary Evelyn Huey, and Melvin Willis Present from Staff: Frank Robbins, Executive Director for Planning and Development; Karen Feshari, Urban Planner; David Salmon, Civil Engineer; Gerald Cosgrove, Water/Wastewater: Mike Bucek, Assistant City Attorney; and Olivia Carson, Secretary Chairman Engelbrecht called the meeting to order. 1. Minutes i It was moved by Mr. Cochran, seconded by Mr. Glas;ock, and unanimously carried (6.0) to approve the minutes of the regular meeting of October 28, 1992. It. Consider removing fiom the table and holding a public hearing to consider rezoning of a 32.045 acre tract of land from the Agricultural District to Single Family 10 on property located on the east side of Country Club Road, approximately 900 feet south of Hobson Lane, Twenty notices were sent to property owners within 200% 3 were received in favor, 1 in opposition, and I was undecided. Nis. Feshari presented the staff report (attached). On question from the audience, Mr, Engelbrecht said that the developer is asking for SF-10 zoning but has agreed to make the lots at the east end of the tract, SF-13. Upon question from the audience, Ms. Feshari explained that the site plan being displayed on the overhead projector is only a conceptual layout proposal and is not being reviewed for compliance with city standards. Therefore the alley that is being shown on the layout may change. Petitioner: Cliff Todd stated that he represents the owner. He clarified that 16.17 of the lots are in excess of 13,000 square feet. The overhead layout is a proposal and is not the final draft. They have complied with all city requirements and their proposed toning fits in with the city's master plan. He said that they cannot control 1 P&Z Minutes A~Jd10d~lnr7_ !f ..5 A~~~ _ November 11, 1992 Page 2 f the quality of the homes once the lots are sold. Mr. Cochran asked what type of deed restrictions are being proposed. Mr. Todd replied that they have 13 pages of sample restrictions including minimum house size, rear-facing garages, landscaping, and an architectural control committee. Mr. Cochran asked who would be on the committee. Mr. Todd said that it would consist of three people including the developer, and would eventually be the responsibility of the homeowners association. Mr. Engelbrecht asked about the alley. Mr. Todd answered that they are planning to do an alley around the development. They will not insist on an alley at the east end but do feel that the alley will make the development more attractive than one with front facing garages. The market now is for 1,800 square foot houses. Mr. Engelbrecht asked about the fence along the eastern boundary. Mr. Todd said that they are willing to put one up if that is desired. In favor: No one was present to speak in favor of the petition. Mr. Cooper arrived at the meeting. Opposed: Sam Lawson, 1446 Oak Forrest, thanked the Commission for tabling the petition at the last meeting and thanked the developer for coming to the neighborhood meeting. The purpose of the meeting was for the neighborhood to see if they lilted the developer's proposal. They question whether it would be good to have a step down from SF-16 to SF-10. Fonestridge Is SF-16. The consensus is that SF-13 would be a better zoning district =the property abuts SF-16. They want to maintain their property value. They want homes to be a minimum of 2,200 square feet. They would support SF-13 zoning as a buffer and to have a gradual step down. Many years have been put into the southwestern growth of Southridge, Montecito, and Forrestridge. The current proposal is for two steps down. Homes are a family's biggest investment. He asked everyone present that is opposed to the zoning to stand up, lie asked the Commission to please consider that Denton wants this area P&Z Minutes AQenialtem_. November 11, 1992 IV:? Page 3 - to be kept as a premium area for new residents. If there is a step down here, the next tract will have even denser uses. The residents want the existing type of growth in the area to continue. Perry Slack stated that he is a resident of Forrestridge and called attention to the fact that the residents have tried to look at the overall picture. What is being presented tonight is the same as was presented at the last meeting. The residents would like to see a less drastic change. SF-l3 is in the middle. The people of the area feel that a drop from SF. 16 to SF-10 zoning is not in the best interest. Richard Cooney, Highview Circle, stated that he was the first home builder in 1978 when the property was zoned SF-16. Now there are four sections of Forrestridge. An attempt was made to increase the density of Forrestridge It and that was denied. The integrity has b,-en maintained through four phases. Mary Tisher, 3301 Country Club Road, stated that she owns 48 acres of prq,!r south of this proposed subdivision that runs from Country Club Road to Forrestridge. She is not opposed to a subdivision but is concerned that the preliminary plat has not been completed. She is concerned that another street will have to be in and doesn't like a stream of garages and alleys along her northern boundary, Her father and sister which co-own the property concur with her opinions. Lynn Dower, 19 Timbergreen Circle, stated that SF-10 zoning would do tremendous damage to the value of their homes. She is not sure that this has been considered. _J 'The alley will be next to their property. She implored the Commission to think of what this zoning will do to their home values. Ron Ewing stated that he is concerned about the alley backing up to his lot. The meeting with the developer was not so fruitful in terms of compromise, The residents are a reasonable group of people. The house sizes and other concerns have not been addressed. Bill Shay, 19 Rolling Hills Circle, stated that the staff has recommended SF-10 ' because it meeb requirements. If the developer had asked for SF-13, that would also have met the requirements and it would have wade a big difference. To make the lots on the cul-de-sac bigger is no compromise, They can't do anything else with them. He asked that the Commission turn down the SF-10. The residents would welcome SF-13. - r- rgsm?a No P&Z Minutes Aaen dalla~_ November It, 1992 i4u Page 4 • , ~ Rebuttal: Mr. Todd said that they are proposing 1,500 and 2,000 minimum square foot hornes. That is xmparable with Forrestridge. He got a copy of their deal restrictions from the County Clerk. Conversations with appraisers said that there would be no bad effect on local property values. An audience member said that the minimum home sizes in Forrestridge are 2,400 sq. feet. Mr. Engelbrecht asked Mr. Todd if he had considered SF-13. Mr. Todd said that they considered it after the neighborhood meeting and then rejected it. They don't think there is a market for it. Mr. Willis asked who did the research on house sizes. Mr. Todd said that they talked with local real estate people. They said that in south Denton there is a need for $150,000.200,000 homes. They plan to immediately proceed with platting. Mr. Engelbrecht asked if there will be another exit from the cul-de-sac. Mr. Todd said that there will be another street stub out. It will not be built on anyone else's property. Mr. Engelbrecht pointed out that there were very few exits to the alley on the south side. Mr. Todd said that the drawing has not been engineered. Mr. Cochran asked how wide the lots are and how far away the subdivision is from the entrance to Forrestridge. Mr. Todd replied that the lots are 80' X 120' deep and it is six or seven tenths of a mile to the entrance of Forrestridge. Ms. Flemming asked what kind of buffer will be between Forrestridge and this subdivision. Mr. Todd said that currently there is a 25' pipeline right-of-way. He considered a i P&Z Minutes AgondOam__( November 11, 1992 iis-:_ll f3 Page 5 l ~ { screening fence but some people didn't want that. Mr. Cochran asked how dense the trees are along the boundary. Ms. Dower said that they are not very dense. I Mr. Bucek clarified that the developer has no responsibility to bring anything forward at this point. The issue here is what zoning category should be next to SF-16 zoning. The developer is not held to the drawing that is being shown. The Commission is now considering whether there needs to be buffering between two residential districts. I Ms. Feshari explained that the easement is part of the back yards of Forrestridge. The Denton Development Plan does not make reference to lot sizes. In analyzing policies, it makes reference to residential uses, not lot sizes. Nearby is a PD with general retail uses, 34 zero lot line homes, and 220 multi-family units. In evaluating land use, the transition between that and SF-16 is consid:red. Staff is recommending approval of Z-92.023 with the condition that lots abutting Forrestridge I & 11 be no less than 13,000 square feet. The concept plan for the Planned Development was approved In 1985. In 1986, a detailed plan was submitted for zero lot lines. In 19117, a detailed plan was done for the multi-family. Staff would have to evaluate whether that meets the current requirements. If so, they could go ahead and plat. If not, the Planning and Zoning Commission would have to consider a plan but there would tw no public hearing. The general retail would require a detailed site plan. There is only one SF-13 zoning in town. Mr. Engelbrecht asked how many instances there are of SF-16 being nest to SF-10 there are in town. Mr. Robbins said that there are 8.10. Chairman Engelbrecht closed the public ,tearing. Mr. Robbins read policies from the Denton Development Plan. , Mr. Engelbrecht stated that it is Important to recognize the difference 1,4tween zoning and platting. Zoning establishes minimum sizes. Each residential zoning district has a minimum lot size. The lot depths of the SF-13 and SF-10 are the same but the widths are different. The zoning map indicates that there are a number of areas of SF-16 located next to SF-10 in the same area of town, It Is curious that -Co P&Z Minutes Agertlaifarn_-.A2 -4/L November 11, 1992 pay 1G_.~~3_ Page 6 there is not more use of SF-13. It has not been used as a transition. lie does not recall opposition to an SF- 10 transition before. There are no connecting roadways. There is some concern about controlling the type and construction of homes. The alley can be adjressed at the platting stage. What the Commission does will not set precedent for other SF-16 zoning in the City. This situation is unique because only a small section of this subdivision abuts Forrestridge and there is no through traffic. Ms. Huey asked if the Planning and Zoning Commission will be able to make a decision about the alley when the plat comes before them. Mr. Robbins said yes. The alley will have to meet subdivision regulations. Those do not, however, speak to buffers. I Mr. Cochran said that the precedent has been set for this type of zoning situation. A 10,000 square foot lot is not inherently inferior. The entrance to this subdivision is not near Forrestridge. There does not have to be any contact between the two subdivisions. He moved to recommend approval of Z•92.023 with the condition recommended by staff. Mr. Glasscock said that he understands the concerns but looking at the overall zoning, the fact that the entrance is not near Forrestridge, and that the abutting tracts will be SF-13, he has to second the motion. i Mr. Cochran said that he hopes the developer will address some of the concerns during the platting process. Ms. Flemming asked about the minimum house sizes. Mr. Bucek explained that house size is beyond the scope of zoning. The Texas Supreme Court has not ruled on whether cities can mandate house sizes and it would be chancy to try to do so. It could be called arbitrary and capricious. Mr. Engelbrecht said that he is guided by 1) this is a common approach in zoning that is used frequently, 2) SF-13 has not been used. The one SF-13 tract that was zoned was not developed that way, and 3) there will be no traffic from this development or other major impact on Forrestridge. Motion to approve Z•92.023 with conditions carried (6.1). Mr. Cooper voted no. 12 4 City of Denton City Council Minutes December 8, 1992 Page 4 ' 4. Citizen Reports A. The Council received a Citizen report from Tommy - Richardson regarding the Denton Youth Football Association. Mr. Richardson stated that he represented the Denton Youth Football Association and he wanted to thank the City for furnishing the fields to play on and to thank the Park staff for their cooperation in working with the Association. He also thanked Council Members Chew and Brock for their interest and participation with the Association. He felt it was the job of the Association and the city to provide adequate fields for the children to play on and thanked the council for providing such. i;,'.5 -JPublic Hearings 1 A ---The-COncil held a public hearing and considered adoption of an ordinance approving a rezoning of a 32.045 acre tract of land from the Agricultural District to the Single Family-10 District, with conditions, SF-30(c), on property located on the east side of Country Club Road, approximately 920 feet south of Hobson Lane. Z- 92-023 (The Planning and Zoning commission recommended approval with conditions 6-1 at its meeting of November 11, 1992.) Frank Robbins, Executive Director for Planning, stated this was a zoning change request from Agricultural district to SF10- conditioned. The condition was that the adjoining lots between Forrestridge and the proposed zoning would not be smaller than 1300 square feet in effective area. Twenty reply forms mailed out with 2 received in favor, one returned undecided and four returned in opposition. The infrastructure to support the proposed zoning was in place or would be in place after platting by the developer. Only the use of the lots would be considered at this meeting and the layout of the property would be considered at a later meeting. There was one zoning case and district in the City as an SF13 buffer. The case might be a precedent setting case in terms of how far the Council should go regarding buffer zoning. The Denton Development Plan had a strong statement regarding housing diversity. It stated that housing diversity was strongly encouraged in Denton and as a whole. Housing diversity was defined in units per acre. SF10, SF13, and SF16 were zoning districts in which the units per acre would be in the low category. The housing pattern should be well planned to maintain neighborhood integrity. One of the issues was that there did not need to be a great deal of transition between housing types in the same density category. In addition, the principle policy was the intensity policy and was the ' proposal in accordance with the intensity allocated to the area. This was a low intensity area. The proposed zoning was for a I I I A 125 City of Denton City Council Minutest t December 8, 1992 Page 5 1 category in which the density allocation was approximately one- half of the allowed intensity and actually decreased the intensity _ which was allowed, The Mayor opened the public hearing. Tom Jester, representing the owners of the property, stated that the owners were requesting SF10 zoning which was the only item the Council would he considering at this meeting. One of the conditions was for SF13 on the lots which abutted Forrestridge. It was his opinion that the property would not hinder the deve hpment of Forrestridge or devaluate the current property. He detailed the conditions which would be imposed on the development of the property. He felt that the development would provide alternatives for the housing area. Council Member Fuller asked how many lots would be SF13. Jester replied that there would be a cul-de-sac with no through street which would have four lots zoned SF13. ' Council Member Smith indicated that there would be a fence along the south side of the property and asked if there would be one on the east side of the property. Jester replied that there had been no decision made at this time regarding the east side of the property. The developer had agreed with property owners to construct the fence on the south side of the property. Mayor Castleberry asked if the developer had proposed SF13 on the cul-de-sac lots. Jester replied yes. Mary Tisher stated that the land adjacent to the south bordei was her property. She hr,d concerns on the effect of the development on her property. It could either hinder or add to future development. Mr. Todd had worked very hard with her family in addressing her concerns and reservations. She felt that there would be no adverse effect on her property with the proposed development. Perry Slack stated that he was the president of the Forrestridge Homeowners Association. One of the members had received the ' original notification letter, He felt that the zoning from SF16 to SF10 might have detrimental effects on the current property values. The homeowners association had met with the owner of the property. They felt it was too much of a down zoning to reduce the zoning to 126 prndBllen~,,, City of Denton City Council Minutes December 8, 1992 Page 6 ' r 1 SF10 ire one area of the development. He asked the members of the audience in opposition of the zoning to stand. There were many individuals in the area who felt that this would not be good planning. Sam Rosson presented some background information regarding the development of the area. The development was moving in a southwesterly direction. The proposed development would be a block to that trend. He felt that the continuity and integrity of the neighborhood should be maintained and was concerned with the reduced zoning. It was no concession tc have the cul-de-sac as there was no other way to plat that part of the development. The Planning and Zoning commission, as long as the development met the guidelines, was obligated to approve the development. The Council needed to determine if it was good planning to reduce two zoning levels. He asked Council to maintain the continuity and integrity I of the neighborhood and vote against the proposal. i John Massey stated that he was very j He felt that the challenge of the proud was to a maintain nthat quality which had been in Denton for many years. He felt that a pattern would be established for the area and asked Council to vote e against the proposal. Amy Quate stated that there was a positive momentum in Denton for development. The Planning and Zoning Commission had the itspereibilit consistent examining the proposal to indicate to Council if to provide judicious management, policy. I residents Inbthof the e areaCpaidia lot of tax money. The developer indicated that small lots and small houses needed to be built. That was not true. It was an advantage to the tax base to have larger homes. What was proposed was lots which would be smaller wit;, smaller homes with possible back alleys. The developer would mace the maximum amount of money by maintaining the integrity of the current neighborhood. Hill Reed indicated that the neighbors had invested a great deal of money and time in their neighborhood. They relied on the Council ' to take a close look at what was happening in the area. Did the proposal meet the wishes of the residents of the area. He asked that the Council keep the neighbors concerns in mind. He asked Council to reject the plan until a specific plan had been developed. Lynn Dower stated that she was very directly affected with the p roposal. She felt that it was imperative that the Council realize that the area butnurged were not Council o to totally against tthe he ! tegrty development of of tthe he ' i 4pe d3 No . / cIc'% -1.2 City of Denton City Council Minutes December 8, 1992 Page 7 neighborhood. Jane Gidder etated that she had recently purchased a home in the area. She was concerned with the development of the area ,ehind ~i her home, The lots ranged in excess of 1600 square feet and some of the larger lots were 2200 square feet. The disparity between the lot sizes was too great. The petitioner was allowed a five minute rebuttal. Tom Jester stated that the petition was asking only for land use at this time and that the exact layout of the property was not known at this time. The layout needed to be approved Zoning Commission, The lots would be 100000 square feetnwith the lots selling between $35-45000. It would be a quality development. There was only 300 feet of the proposed development touching Forrestridge, There would be no street 4 The developer was trying to be a going into Forrestridge. SF13 lots between the developments good neighbor by providing the ' The Mayor closed the public hearing, Council Member Hiller asked if there were alleys proposed for this development. Robbins replied that alleys were not proposed but could be addressed. Council Member Miller stated that the Planning and Zoning commission minutes indicated a proposal for 16-17 SF13 lots. Four were adjacent to the Forrestridge area, Were those Iota still part of the proposal and would there be a fixed number of lots in the ordinance. Robbins replied that a condition could be added that adjacent lots to Forrestridge would be SF13. The Planning and Zoning minutes reflected what happened at the neighborhood meetings. Council Member Miller asked what was the adjacent zoning. ' Robbins replied that PD104 was a mixed use development which included a three acre square for commercial retail uses. There was a road on the eastern end which was zero lot line homes. Before any development there would be public review of the detailed site ' plan, Council Member Miller asked about the east and south side of the development. 12 alenoallam__..1~'_ City of Denton City Council Minutes December 8, 1992 Page 8 Robbins replied that that property was agricultural zoning and was largely undeveloped. Council Member Brock asked about a discussion council had had about establishing procedures for the expiration of planned developments if there were no development in a certain time frame. Robbins replied that currently there was no procedure for the expiration of planned developments. Council Member Smith asked about a proposed street which seemed to go nowhere. Robbins replied that city regulaticns required that a cul-de-sac could not be longer than 1000 feet. The stub out street would fulfill that requirement. Council Member Miller asked if the issue was the size of the lots or value of the homes placed on the lots. Could the value of the homes placed on a lot be addressed in zoning. Robbins replied no it could not. City Manager Harrell stated that the plat shown was a concept plat given by the developer. The developer was under no obligation to configure the property in that way. If the zoning were approved, a proposed plat would have to be filed with staff for Planning and Zoning Commission and Council approval. Council Member Perry asked Robbins to review the scope and percentage of the opposition. Robbins replied that 20 notices were mailed to property owneru within 200 feet of the proposal. Two were returned in favor, one was undecided and four were returned in opposition. The opposition percentage was 6.41 of the land area within 200 feet of the area. Mayor Castleberry asked if SF13 was between SF16 and SF10, how that vould be formulated in the ordinance. City Attorney Drayovitch stated that the ordinance included a provision that the lots directly abutting the Forrestridge addition would be SF13. Robbins replied that the SF13 condition could be extended but it would be necessary to determine how that would be defined. City of Denton City Council Minutes December a, 1992 1 Page 9 Mayor Pro Tem Hopkins asked what that would do to the stubbed street if that were done. Robbina replied that that could not be determine at this time. Mayor Fro Tem Hopkins stated that since the layout that had been shown was not a set plan, a minimum number of lots would have to be ` indicated which would be adjoining the abutting lots. City Attorney Drayovitch stated that if Council were considering adopting a different type of ordinance than the one requested, her staff would like to look at that ordinance and return at a future meeting. i Council Member Perry felt it might be beneficial to have the developer and the neighbors negotiate again for a more agreeable solution. E Council Member Miller stated tha'• given the Denton Development Guide there probably would be a tine when the property adjacent to ' Forrestridge would not be all SPIS. He would like the developer and the homeowners to try once mire for an agreement for buffer zoning. It was not realistic to think that all of the undeveloped property would always be SF16. City Attorney Drayovitch stated that C,)uncil might want to consider postponing the item to a date certain )r to table to a date certain or indefinitely as the public hearing requirement had been met. Council Member Brock stated that diversity was an important goal in housing but there was a need for housing in the higher property range. She was concerned with lots which could build a sizeable home but also preserve the trees in the area. She was concerned about protecting neighborhood integrity and concerns. Miller motioned, Perry seconded to postpone the item And asked the City Manager to put it back on the agenda after the developer and homeowners mot again to try and work out a more agreeable solution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing concerning amending the sign ordinance and gave staff direction. i Planning Robbins, Zoning commission had made as report toe Council. the the Council had other issues it wanted to deal with other than Ir u r ~ r~r fir::: ~~€C ITY~~}~~{.: COUNCIL E~ f~fi= r~~t Ir moo, o ~ r: o np~ O 0 4 ♦ G000~ wwwIlt t r' ,I f.:.. DATE; February 16, MY CMICIL REPORT %M r r .'•2 TO: Mayor and Members W the City Council FROM: Lloyd V. Harrell, Ci'•y Manager SUBJECT: Rezone 1.2777 acres from an Agricultural zoning district to a Commercial zoning district with conditiors C(c), RECOMMENDAT70N: j The Planning and Zoning Commission recommended a at its January 27, 1993 meeting, PProval, 6-0, i ~ UMMABY: See Report, X15. ROUND: See Report. PROGRAMS DEPARTM NTS_OR GROUPS AFFP.C'TED: None. FISCAI IMPAC None. Respectfully submitted: Prepared by; ~ ~U r f ALlo d V. Harrell, Cit Manager G. Owen Yost, ASLA Urban Planner App oved: Frank Il Ro bins AICP Executive Director Panning and Development AXX002CA 5 4 ~a,~deNo _ 9.~-oa J agenda It PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of the city council Case No.: Z-93-001 Meeting Date: February 16, 1993 GENERAL INFORMATION Applicants Larry Sullivan/Love s Country Stores, Inc. 10601 N. Pennsylvania Oklahoma City, OK 73126 Cur79nt Owner: Musket Corporation Love's Country Stores, Inc. Requested Action: , Rezone the subject site from an Agricultural (A) zoning district, to a commercial zoning district, with the following conditions: 1. restrict permitted uses to; . truck parking lot, • gasoline service station, . restaurant, . retail stores and shops - 6,000 sq. ft. or less, and, . permitted uses as listed in the Zoning I~ Ordinance, with a Specific Use Permit. 2. Limit the impervious surface to a maximum of 71%, 3. no paving is permitted on the surface of an a existing, in-service, septic drain field, and, 4, the maximum building tiquare footage will be 100000 sq, ft. Location and Sizes The 1.2777 acre tract is located on the southeast corner of Milam Road (FM 3163) and Interstate 35. It is a portion of the proposed Lot 1, Block 1 of Love's country Stores Addition. I E VM7 I I ~ I i CASE 2-93-001 Page 2 I GENERAL INFORMATION, continu-ld Surrounding Land Use and Zonings r ' North - Right-of-Way of FM 3163, and agriculturally zoned and used land. South - Agriculturally zoned and used land. East - Unzoned ETJ land, primarily in agricultural use, having a small portion of the Love's store on the lot. f West - Right-of-Way of I-35. E Denton Development Plan: Low Intensity Area; Intensity Area No. 2 ` SPECIAL INFORMATION I - Transportation: The locations of the proposed curb cuts are in keeping with separation policies, and do not conflict with vehicles exiting the Interstate. Lot 2, if and when it is developed, will have access from FM 3163 only. Utilitiess , The proposed septic field is sufficient in area to serve the expanded use; but will require a permit before it is i approved. However, the field must never be covered with an impermeable surface until such time as the system is ' taken out of servico, or a sanitary sewer line of sufficient capacity is extended to the site. Drainages a No drainage improvements are required, as long as the r impervious surface of the 1.2777 acre site remains the same as it is currently. I I I I Agenda No Agenda ltam__Je_~ f.5d I (rata. ~ _!~V,~L3 j CASE Z-93-001 Page 3 Il HISTORY I This tract became part of the City in 1987 through a "strip annexation", which did not consider the location of the existing building. Issuance of a building permit is contingent on this zoning. The final plat was approved on 1/27/93, but has not been filed. The land to the east (approximately 3.85 acres) is being annexed and zoned to be in conformance with the proposed zoning of the subject site. The result will be one lot that is entirely within the City, and is in a single zoning district. The schedule for the annexation is on the Council's February 16th agenda. i ANALYSIS I The tract is in Intensity Area No. 2, a low activity area which, according to the Denton Development Plan, is proposed primarily for residential use. Intensity Area No. 2 has 90% (68279.4) of its intensity trips allocated. The rezoning of 1.2777 acres allowing retail/commercial use would allocate 650 intensity trips per acre (830.5 trips) to i this site - a disproportionate share. However, it would be a marginal increase, from 90t allocation to 91% allocation, to an existing retail/commercial use. Even though the proposed increase is marginal, the staff is , directed to analyze the following to see if a disproportionate 1 share allocation is warranted: 1. public facilities and infrastructure 2. topography and environment 3. compatibility 4. Plan policies The first three items to consider were responded to positively by the Commission, especially in light of the marginal increase suggested. The conditions proposed to accompany the zoning will limit the tract's use, putting it in conformity Agenda No. Q3 -,re) Z Agondaitem.l~ ~5C3~ Date 3 CASE Z-93-o01 A~ Page 4 ANALYSIS, continued with the remainder of the area. The policy of the Plan that potentially impacts the tract the most pertains to its commercial/retail nature. According to DDP policy, with direct access to Interstate-35, the non-residential uses, as a neighborhood service center, should be limited to 5 acres in size. and be located at least one-half mile from another non- residential use. These two violated. policy parameters zra not RECOMMENDATION The Commission, at its 1/27/93 meeting, recommended approval of the petition by a 6-0 vote, with the four conditions as introduced previously in this report. The Commission also recommended that a disproportionate share of intensity trips be allocated. ALTERNATIVES 1. Approve petition with recommended conditions 2. Approve petition with additional conditions 3. Deny petition 4. Postpone decision ATTACNMEVTS 1. Location Map 2. Intensity Area 3, Final plat as approved 4. Minutes Axxaa20 I ApandaNa 2 ATTACHMENT 1 AgendallOnL r fk~ta~v2-_1~~ Love's Country Stores, Block 1 Lot i NORTH i ~ i /I I I I f ~ ~ Q Q r O d z z l~ O ~l II M "I F.M. 3163 Mft.AM ROAD I PORTION TO DE ANNEXED PORTION WIVIIN CITY 1 - CIANZER ROAD ~ Date: 2/5/93 Scale: NONE i ~9,fdd NO _rQ.3 "C~ ~lflm_ r ATTACfIA1ENT 2 Aoda ~ Cate LAND USE MANAGEMENT INFORMATION SYSTEM / Q /rte PLANNING AND DEVELOPMENT DEPARTMENT lj __CITY -OF DENTON Intensity area t: 2 e: Low Traffic survey zones: 6691 Intensity trips/Ac 60 Boundary Description: North: F!; 31F3 Sout: am Date: 11/21/89 E ast: FM12164reek West: I 35 LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT •------------------------0------ SF-16 < 0 0 0 SF-10>16 9 2.25 90 0 0 0 0 0 SF-7>10 0 0 0 00 0 LESS SF-7 0 0 0 0 0 0 MOB.HOMES 1 0.5 10 0 0 0 0 0 DUPLEX 0 0 0 0 0 O 0 MF-R 0 0 0 0 0 0 0 0 MF-162 0 0 0 0 0 COM/RET 0 5.18 3367 0 0 0 0 OFFICE 0 0 0 0 0 0 0 0 INDUSTRY 0 0 0 0 p INSTIINAL 0 8.53 725.05 0 0 0 0 0 0 0 R/O/SPACE 0 146.25 0 0 0 0 0 D TRANSPORT 0 37.93 0 0 0 0 0 0 0 0 AGRIC. 21.24 VACANT(*) 0 1063.79 0 1042.55 0 0 0 0 0 TOTAL 10 1261.13 4192 1063.79 0 0 0 0 INTENSITY CALCULATIONS 1 Intensity area total trips 1264.43 times 60 75866 J 2}) Trips allocated to existing land uses (built) 4192 3) Trips allocated to current zoning incl. P Ds (not built) 0 4 Trips allocated to Vacant lands not zoned plus Agrio. zoning 63827 (S) Estimated unallocated intensity trips (1)minus(2)+(3)+(4 7846 6 6 Percentage of intensity trips allocated 90 Notet Vacant land under current zoning represent areas outside the city limits with no zoning I h ApendaNo _ _23.GA-Z. Awdaltem AIIIIII& ATTACHMENT 3 Eki~e._1 P-92-044 Love's Country Stores Addition NORTH F.M. ROAD 3163 MlLAM ROAD _ 40 MCNr cr ssr POINT OF BEGINNING '1 69• !S7' 17, f 30.00' ~soevaw+0 ere S 894 54' 304 E 299.67• ~F% s0' auowc cnc _ `J.~ F 8L OCK 1 3 g Lor r iu.oo• W 5.1312 ACRES N 89' ST 1T W a yw.. rr..p, _ Y p ~~pbP aiK. .e.rx~ ,p ~q• r m ~ t'r5 Z W J'o• h N , W ~ Q ; ~ u N 90' 00. 00' M' !16.27' Z V' Final Plat bale: 1!6!93 Scale; NONE i Agend,,jNo_- -'2v- GO 7 ATTACHMENT 4 Agapdalleorn, pp~~f4.._ 10. MINUTES 9 1 Planning and Zoning Commission January 27, 1993 I i The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, January 27, 1993, at 5:00 p.m. j Present: Mike Cochran, Richard Cooper, Jim EngeIbrecht, Mary Evelyn Huey, Katie Flemming, and Melvin Willis t Absent: Ivan Glasscock i i Present from Staff: Frank Robbins, Executive Director for Planning and Development; Jerry Clark, City Engineer; Mike Bucek, Assistant City Attorney; Owen Yost, Urban Planner; Todd Parton, Planning Technician; Karen Feshari, Urban Plattner; Gerald Cosgrove, Water/Wastewater Engineering; and Olivia Carson, Secretary Chairman Engelbrecht called the meeting to order. 1. January 13, 1993 Minutes I Ms, Huey stated that on page 7, paragraph 7 should read that the motion was made and carried to recommend that the new fee schedule be adopted. She moved to approve the minutes of January 13, 1993, as corrected. Motion was seconded by Mr, 1 Cochran and carried unanimously (5-0). I Mr, Willis arrived at the meeting. 11, Consent Agenda Motion was made by Ms. Huey, seconded by Mr. Cochran, and unanimously carried (6.0) to approve the consent agenda as follows: a. The preliminary rcplat of Lots 1 and 2 into Lot 1R, Block 1 of the Santa Fe Addition. b. The final plat of Lot 1, Block I, Love's Country Stores Addition. C. The final plat of Lots I - 19, Block A, Lakewood Addition, III. Hold a public hearing and consider the zoning of 1.2777 acres of the proposed Love's Country Stores Addition from an Agricultural District to a Commercial district (conditioned). I lte~7_ Agenda MZ Minutes January 28, 1993 Page 2 i I STAFF REPORT: Mr. Yost reported that a petition has been made to rezone 1.2777 acres from an Agricultural District to a Commercial District with the following conditions: 1. restrict permitted uses to: M 0 truck parking lot • gasoline service station • restaurant • retail stores and shops of 6,000 squaw feet or less • permitted uses as listed in the Zoning Ordinance with a Specific Use Permit; 2. limit the pervious surface to 29% of the site; 3. no paving is permitted on the surface of an existing, in-service, septic drain field; and 4. the maximum building square footage will be 10,000 square feet. Mr. Yost continued that the tract is located on the southeast corner of Milam Road and 111-35. It is a portion of the proposed Lot 1, Block 1 of Love's Country Stores Addition and is located in Low Intensity Area #2. This will amount to an expansion of less than 700 square feet. The proposed septic field is sufficient in area to serve the expacded use, but will require a permit before it is approved. No drainage improvements are required, as lung as the proposed impenious surface is limited to 80% of Lot 1. The land to the east of the site is being annexed and simultaneously zoned. Intensity Area No. 2 has 90% of its intensity trips allocated. The rezoning allowing retail/commercial use would allocate 650 intensity trips per acre tv this site - a disproportionate share. However, it would be a marginal increase, from 90% allocation to 919/b allocation, to an existing retail/commercial use. Even though the proposed increase is marginal, the staff is directed to analyze the following to see if a disproportionate share allocation is warranted: , 1, public facilities and infrastructure 2. topography and environment 3. compatibility 4. Denton Development Plan (DDP) policies The first three items have been met and can be responded to positively. The policy of the Plan that potentially impacts the tract the most pertains to its commercial/retail nature. With direct access to 1-35, the site, as a neighborhood service center, is , Agenda No .__-`f-3=Q~ , Agenda ltem~l~~ [kola .__~_1~ ~3 _ PRZ Minutes January 28, 1993 rJ Page 3 1 limited to 5 acres in size. It is also located at least one-half mile from another center. A iow intensity area usually has 60 trips allocated per acre. The proposal would generate 650 trips per acre which is allowable only if the four criteria are met. Mr. Cochran asked how long Love's has been at this location. i 1 Mr. Yost said that it has been there for six years. Prior to that it was a Stuckey's. I Mr. Cochran asked what the traffic figures are based on., Mr. Yost said that they are based on land use. This is an addition of 600-700 square feet of a commercial u%e. Mr. Robbins explained that zoning must be in accordance with the Denton Development Plan and intensity is part of how that is determined. Low intensity has an allocation of 60 trips per acre. They are not actual trips. This type of use will generate more than 60 trips per acre, so this zoning does not meet the proportionate share. Therefore, a disproportionate share analysis is done. If the four criteria for disproportionate share criteria are met, then the zoning case could be granted. Mr. Engelbrecht noted that voting to approve the zoning petition is a vote to approve the disproportionate share. Mr. Cosgrove explained that he does not want more than 20% of the total project to be impervious so the run-off will not be greater than already exists. PETITIONER, Larry Sullivan, Director of Construction for Love's in OU ma City, stated that they are in favor of the plat and zoning. They are trying to get a building permit. The existing building is old and they are anxious to remodel it. It will have new bathrooms, cooking equipment, etc. , No one was present to speak in favor or in opposition to the petition. RECOMMENDATION: Mr. Yost stated that staff recommends approval of the petition with the four conditions mentioned earlier. If a disproportionate share is granted, the proposal will be in compliance with the DDP, Chairman Engelbrecht closed the public hearing. i haeatialtem~-.lG~ ~ Coe i P&Z Minutes January 28, 1993 Page 4 It was moved by Mr. Willis, seconded by Ms. Huey, and unanimously carried (6-0) to recommend approval of Z-93.001 with conditions as suggested by staff. IV. Consider an amendment to a detailed plan in Planred Development District No. 142. STAFF REPORT: Ms. Feshari stated that since this is not a public hearing, no notification of adjacent property owners was required. Only minor revisions are being made to the detailed plan. She presented the staff report (attached). Mr. Willis asked how trees can stimulate economic growth if they block the view of businesses? Ms. Feshari replied that studies have been done to show that people are more attracted to places that are aesthetically pleasing. PETITIONER; Don Dillard, Hunt Petroleum, 5000 Thanksgiving Tower, Dallas, stated that they have zoned a big piece of land and are doing detailed plans as projects come up. This site was a bare hill with no trees. Now it is a quality development. They have committed to landscaping the development in good taste. They are sens,tive to the market. They have professional planners and architects on staff. They have planted 70 acres of wildflowers and are complying with City ordinances. The changes proposed to the detailed plan stay within City ordinances and have been communicated to the staff. He reviewed the proposed changes and landscaping with the Commission, lie gave the Commission a hand-out comparing what was approved and the new proposals. He said that the project has been successful for tha tenants and there will probably be more changes to the plan later on. Ms. Huey asked how parking Is allowed in the street yard. Mr. Robbins explained that the street yard is just the area between the building and , the street. The Commission discussed the proposed changes. Mr. Dillard pointed out that if they build another building, the street yard will be even smaller and will exceed the required percentage of trees and landscaping by an even greater amount. c,wpdoce\0rd\a9-com.o No ___90 1 Aaeodallen-_-L'L i0a 113 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO COMMERCIAL (C-c) ZONING DISTRICT CLASSIFI- CATION AND USE DESIGNATION WITH CONDITIONS FOR 1.2777 ACRES OF LAND ^ LOCATED ON THE SOUTHEAST CORNER OF MILAM ROAD (FM 3163) AND INTER- STATE 35; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lcve's Country Stores, Inc, has applies `or a change in zoning for 1.2777 acres of land from Agricultural (A) to Com- mercial (C-c) district classification and use designation with conditions; and WHEREAS, on January 27, 1993, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 1.2777 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by rfZerence, is changed from Agricultural (A) to Commercial (C-c) district clas- sification and use designation with conditions under the comprehen- sive zoning ordinance of the City of Denton, Texas. SECTION II. That in accordance with Section 35-123 of the comprehensive Zoning Ordinance, the use of tbv property shall be subject to the following conditions: 1. Of the uses allowed in a commercial district, this property is restricted to the following uses: (a) truck parking lot; (b) gasoline service station; , (c) restaurant; (d) retail stores and shops - 6,000 square feet or less; (e) any use listed in Section 35-77 (use regulation districts) of the Code of ordinances for which a specific use permit has been issued pursuant to Section 35-1j6 of the Code o;' ordinances. 2. The impervious surface of the property shall be limited tG a maximum of 711. No paving shall be permitted on the surface of the existing in-service septic drain field located on the property. 4. The maximum floor area of the building or any building to be located on the property shall be 10,000 square feet. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IY~ That any person violating any provision of this ordinance shall, upon conviction, be fi;:ad a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-chronicle, the official newspaper of the Cicy of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1993. BOB CASTL MERRY, MAYOR ATTEST: JENNIFER WALTERS$ CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHt CITY ATTORNEY PAGE 2 I Agenda Itertl c ` BY: f ~ I J , I 1 I Apo PAGE 3 Aier~da I!om n ie EXHIFIT A FIELD NOTES TO 1.2777 ACRES IN THE JOHN AYERS SURVEY ABSTRACT 2, CITY OF DENTON, DEN70N COUNTY, TEXAS. II ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING A-ND BEING SITUATED IN THE JOHN AYERS SURVEY ABSTRACT 2, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A (CALLED) 13.7027 ACRE TRACT AS DESCRIBED IN A DEED FROM STUCKEY'S INC., A DELAWARE CORPORATION, TO MUSKET CORPORATION, AN OKLAHOMA CORPORATION ON THE 17TH DAY OF APRIL, 1985, RECORDED IN VOLUME 1630, PAGE 42, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A RIGHT-OF-WAY POST AT THE SOUTHWEST CORNER OF A 0.70 ACRE TRACT DESCRIBED IN A DEED FROM STUCKEY'S INC. TO THE STATE OF TEXAS, FOR RIGHT-OF-WAY PURPOSES, ON THE 27TH DAY OF OCTOBER, 1975, RECORDED IN VOLUME 613, PAGE 127, DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 40 MINUTES 24 SECONDS WEST A DISTANCE OF 116.68 FEET TO A WOOD RIGHT-OF-WAY POST= THENCE NORTH 89 DEGREES 54 MINUTES 31 SECONDS WEST A DISTANCE OF 217.93 FEET TO A POINT IN THE CITY LIMIT LINE OF THE CITY OF DENTON, TEXAS, BEING 250.0 FEET PERPENDICULAR FROM THE CENTERLINE OF INTERSTATE HIGHWAY 35 AND POINT OF BEGINNING OF HEREIN DESCRIBED TRACT; i THENCE SOUTH 00 DEGREES 08 MINUTES 53 SECONDS WEST ALONG SAID CITY LIMIT LINE, BEING 250.0 FEET FROM AND PARALLEL WITH THE CENTERLINE OF SAID HIGHWAY, A DISTANCE OF 591.09 FEET TO A CORNER; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 99.0 FEET TO AN IRON PIN ON THE EAST RIGHT-OF-WAY OF INTERSTATE ! HIGHWAY 35; THENCE NORTH 00 DEGREES 08 MINUTES 53 SECONDS EAST WITH THE EAST RIGHT-OF-WAY OF I.H. 35, A DISTANCE OF 260.59 FEET TO AN IRON PIN; I THENCE NORTH 03 DEGREES 09 MINUTES 01 SECONDS EAST WITH THE EAST RIGHT-OF-WAY OF F.H. 35, A DISTANCE OF 331.13 FEET TO A WOOD RIGHT-OF-WAY POST; THENCE SOUTH 89 DEGREES 54 MINUTES 31 SECONDS EAST WITH SAID RIGHT-OF-WAY A DISTANCE OF 81.66 FEET TO THE POINT OF BEGINNING CONTAINING IN ALL 1.2777 ACRES OF LAND. 1H i I.t ♦ . 4 . llljii i ii.r i, r „ter r., a COUNCIL I+{ Ir` 1 c~o ° o 4 1O 6 4 r ~~~Tyi~ }jI{} 0.4 *40 tOMM t4 0~, O uuN ~~t9~~o ~ I T: i~ s ?f~1 ~lpen~al ~,q ~ 2 7,; 2~..~ it11i, ~ CP DATE: February 16, 1993 f f CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY PLAT OF LOT 1, BLOCK A, EAGLE PICHER ADDITION , RECOMMENDATION: I The Planning and Zoning commission recommended approval, 6-0, at their February 30, 1993 meeting. j SUMMARY: I This is a request for consideration of a preliminary plat document consisting of 10 acres of land located on the west side of Interstate 35 W South, which is the current location of Eagle Picher Industries. Eagle Picher industries is an assembly plant for small plastic devices for automobiles. The company wishes to expand their facility and therefore platting is required. BACKGROUND: This property is zoned Light Industrial. On February 1, 1993, the Traffic Safety Commission approved a variance for the driveway location as shown on the preliminary plat document. Sidewalks are required along the I-35 service road. The plat shows a 20 foot utility and sidewalk easement along the frontage road. Staff has requested 9.5 acres, the west portion of the property, to be designated as reserved green/open space. This is considered a temporary drainage control method until future expansion is considered. At that time, a replat is warranted in order to construct off-site drainage improvements. There is a 16 inch water line and an 8 inch sewer line located across the frontage of the property along the I- 35 W service road. The on-site fire hydrant location is acceptable and fire flow is more than adequate. The 8 inch line for the on-site hydrant is considered a public improvement. The City will make tap for the fire sprinkler system and this 8 inch line. The City will not charge for the sprinkler tap but will charge for tho on- site hydrant tap. The developer is responsible for the cost of relocating the existing fire hydrant if required. PAGE 1 I I I N~~ ' J 4~19nd8 Il4 G cn . / Electric service is available to the property from the overhead electric circuit next to the I-35 W service road. E The preliminary plat conforms to the minimum requirements of the Subdivision and Land Development Regulations. OGRI&?S DEPARTMENTS OR GROUPS AFFECTED: Engineering Department. Building Inspections. FISCAL IMPACT: N/A ATTACHMENTS; 1. Site Plan. 2. Preliminary Plat. Respectfully submitted: &YV Harrell, City anager 4 Prepared by: F Ka r, n Fes ari, Urban Planner Approval: f t, f~ k Frank H. Ro bins, AICP Executive Director Planning and Development I ON0020 PAGE 2 ATTACHMENT 1 AgCIda lBm._.C::J_X~ P-93.004 Eagle Picher Addition y- NORTH 3: _ S RP,uae- LJ ° I-- - ❑ 5 RPT~0. lJ C~~D W. 01K ^I ~ aC ®QFJ ~ I ~ooo ~ D aq ~ o~❑ IK17p MIN ~ - xnr Kn w ~ wwoo '©®L - - 1~ era FLO III Date: 2/4/93 Scale: NONE: i 1 J. NEWTONARAYZOR c~l~;?,. Jg6 RAYZOR INVESTMENTS, LTD 4~l G41! arc a 1736/601ir~`# re ~rl EB DGNG EXISTING ti < - - i rwvrnww BLDG. / / ~ ~ ~ta~e AAA~~~~'I ~ f ~ T BI OGLT ~I ~ . i w+a+wn w ~.~...r - ~~rn wnawaw „wo ~ I ~ 1 ~k? i I f RE 10 OOQ ARE.? of io'. ~`~.f~ altos =e w ~1 1100 Dr ' ' 1 rj ill fil 0 f ( 1 •ti 1 i V r liii l~4"~~i~~ COALITION FOR ENERGY MANAGEMENT, INC. mwmm.n I';, ~~y'~1~ • 1) sk. 2709/957 awr, w,.enn[. a ti'i mND 0c [rw~rwwrw 1 Is, J i I 1 1 r~ I t rl vaE~i P r w• Wu wODpl*$ lgw 111004 AC0l1 V 61 4A co 0IM10110WT0M [OJiT'I, II1W r7. 0 k A Conlull.nlr, Inc. y'r_ .i •..4 e.+. aiN wwu a.w avr ran. w111Y Nandi No -co 1 Agendiltem _/~d t~,U / V. Consider the preliminary plat of Lot 1, Block A, Eagle P clf¢r5 Addition also known as 1500 I-35 W South. STAFF REPORT: Mr. Yost reported that this 10 acre site is currently the location of Eagle Picher Industries which manufactures plastic parts for the automobile industry. They are proposing an expansion. Four and one-half acres at the rear of the site will be left as open space to provide a temporary drainage measure. When further expansion is proposed, replatting will be necessary, and a more permanent solution for the drainage will be constructed. The on-site fire hydrant location is acceptable and fire flow is adequate. The 8" line for the on-site hydrant is considered a public improvement. The preliminary plat conforms to the minimum requirements of the Subdivision and Land Development Regulations and the Development Review Committee recommends approval. Motion was made by Mr. Glasscock, seconded by Ms. Huey, and unanimously carried (6-0) to recommend approval of the preliminary plat of the Eagle Picher Addition. AXX002CF ~I } 2 FrI::; t+ F;GITY { tf GOUN*CII i i#f j' I o t ; TIM lIX TMT d a 6G ~ -1 XXXXI ITIU. +I t:.? ALLOOOIF i a~end~ qo A2 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AIIARDI14G A CONTRACT FOR ~i THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVID- ING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR A17 EFFECTIVE DATE. WHEREAS, 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 and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" ;submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used fur the purchase of the ma- terials, equipment, supplies or servicen 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 JLC~_ VENDOR *SA, OU14 14610 ALL CLASSIC CREVROLET $119,970.00 32573 ALL DENTON MOTORS INC. $ 19,973.55 32574 ALL MAXWvLL CHRYSLER PLYMOUTH DODGE $ 12,719.00 I S C ON I~. That 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 Did Invitations, aid Proposals, and related documents. 4ondiNo Agendaltem . jT_ 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 co-tract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Bid Proposal and related doeu,ents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of , 1993. BOB CASTLEBF:RRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS To LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTOR14EY I BY: I I t i Agenr+aNo ~ 'Co DA"Ml:,_FEBRUARY-16, 1993 CITYCOUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager Ik SUBJECT: BID N 1460 - POLICE: SEDANS i R-FCOMMENDATION: We renommend this bid be awarded to the lowest bidder meeting specifications, Cl, ssic Chevrolet in the amount of $11,997.00 per unit. Total bid award for ton (10) vehicles is $119,970.00. SUMMARY: During the budgeting process twelve (12) police sedans were approved for replacement. It has become evident from a recent evaluation of the Police Fleet that the units utilized in the DARE program and in the PAL (Police Athletic League) program should be replaced and only ten (10) sedans ordered. Two mini vans from the State of Texas Contract are being recommended under separate memorandums. 'I The police sedans being recommended are full size Chevrolet Caprice Classic Police Specials. They will replace ten (10) 1988 Ford Sedans. I I` The replaced vehicles will be reviewed by the Fleet Operations Division for possible reassignment in the fleet or disposal through public auction. At first reading the tabulation sheet indicates a $1.25 price difference between the bid of Classic Chevrolet in Grapevine and the bid of Bill Utter Ford in Denton. As r indicated on the tabulation sheet the Bill Utter Ford bid does not include the anti- lock brakes required by our specification for police vehicles. This anti-lock brake system is a $506.00 dealer cost option. The bids of Denton Motors and Karl Klement both bidding Fords, include the anti-lock brakes. If the $506.00 option was to be added to the Bill Utter bid, their cost becomes $12,504.00 per vehicle. The diffetei-ce between the lowest bidder and Bill Utter would then be $507.25 per vehicle or $5,072.50 for 10 units. The next low bidder in an instance Klement Ford of Decatur at $12,366.77, followed by Denton Motors at $12,498.50. Considerable time has been invested evaluating and comparing the bids received. I'lense realize that the adding to or revision of any bid is not legal. The example Is only intended to Indicate a price to price comparison. BACKGROUND: Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTFf : Police Patrol Division and Fleet Operations. - FISCAL IMPACT: These traits will be funded from Certificate of Obligations funds prevlously npproved by Council for fleet equipment expenditures. agentlaho Q~~ 0O CITY COUNCIL REPORT A~enCa}tem ~S 76 FEBRUARY 16, 1993 y~lg ~~'l~3 PAGF.2OF2 Re ct/f/ul!y submit:ed: U AW1 oyd V. Harrell City Manager Approved: t Name: Tom D. Shaw, C. P. N1. Title: Purchasing Agent egeiCe.7{S 036. DOC I Ager~aNo_ 3 ~D7 Agendaltam_ 41 ~7H BID 1 1460 I BID NAME POLICE SEDANS ! I T ~ I CLASSIC J DENTON I KARL I BILL I HILT2 I OPEN DATE FEBRUARY 4, 1993 I CHEVROLET I MOTORS 1 KLEMENT I UTTER I SNIDER J INC J FORD J FORD I CHEVROLET I IQTYI DESCRIPTION I I I I I I VENDOR I VENDOR I VENDOR I VENDOR _ - I VENDOR ! I i I I 1.112 IFOUR (4) DOOR SEDAN WITHI;11,997.00 1$12,498.50 I IPOLTCZ PATROL PACKAGE IS12,366.77 Ij11,998.25 112,596.21 I I 1 FORD I I I ! 1 ! I I ~I I I I I J I I I I f 1 ! I Delivery: 170-80 DAYS 160 -90 DAYS160-120 DAYS160 -90 DAYSJ90-120 DAYSI **ANTILOCK i BRAKES NOT I INCLUDED I i I i f i I DATE: FEBRUARY 16, 1993 CITY COUNCIL REPORT Aoe:lda No -eel TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER #32573 - DENTON MOTORS INC. 1 PURCHASE ORDER #32574 - MAXWELL CHRYSLER PLYMOUTH DODGE RECOMMENDATION: Council approve orders referenced above for two vans: - 1 Denton Motors Inc. $13,973.95 Maxwell Chrysler Plymouth Dodge $12,719.00 SUMMARY: The van from Denton Motors Inc. is a seven passenger extended mini van to be used for the Police Athletic League (?AL) program. The van from Maxwell Chrysler Plymouth Dodge is a mini cargo van to be used for the DARE program. These vans are tieing ordered in lieu of two police sedans that had been approved for replacement. Pricing for these vans was derived from the state of Texas bid pricing. The City of Denton Council passed Resolution No. R92-019 on April 7, 1992 authorizing participation in purchasing programs of the State Purchasing General Services Commission. The Local Government Code states that a local government satisfies the state law requiring competitive bids for the item through the use of a state contract. BACKGROUND: Purchase Orders 032573 and #32574 I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Police Department and Fleet Operations FISCAL IMPACT: These units will be funded from Certificate of Obligations funds previously approved by council for fleet equipment expenditures. Resp fully sub tad: v oy V. Harrell + City Manager Prepared by: Name: hl lame le I ~ Harden Title: Buyer Approved: L Name: Tom D. S!iaw, C. P. N1. Title: Purchasing Agent egendn. 715 i { THIS iS A E CITY of DENTON, TEXAS I )NF RMMG ORDER D PURCHASE ORDER NO' 32573 Ill KIARKEDI This nurnb?r must appear on all ~Q N T DUPLICATE a loicds daliw:ry slips. cases 1 - ctns bn Res parklny Sl;'S and bills h m ling 1 ~ Did No Dite 2-10-93 Poge No I. NDA ;%MCHASA(, DV1S)ON 9018 TfXAS S rRCC F DENTON FI h'AS 76271 AME+ 8]7 3577101 D FIq M14E FR0817 261 (N JJ FAX 611 362 4692 LIM S }$~ENTON MUTDRS INC. DELIVERY CITY OF' DENTON ~i - 1.U. FOX 50831 ADDE'':SS F104 TEXAS STREET DEN'PU;, TEXAS 7620E-0839 DENTON, TEXAS 76201 l r VENDOR HO DELIVERY QUOTED 5-17-93 FOB DESTINATION TERMS NET 30 1. 1 FA PLY6b2UI'13 7 PASSENtSER EXTENDED MINI VAN 513,973.95 $13,973.95 I I I I 1 I r CEKIFICATE OF' OBLIGATION FU1;DS $13,973.95 VENLIOR INSTRl1GTIONS 7 forms - Nut 30 w i ,u.• n. r n 19riim1 011411ndl vwoke with dignccnlr! colly d SFul plnrl lns6 nr firms F 013 IN ainabon prcl n l dnl..:.. n ,,„.n„b 1Bill to -Arcuunfs PdyA4c 5 No fr,b r,d,u sfd~ ,.dry L 1, slnJl 1, inclu, I,d r y 11.. F ti6 innl 51 F, in In nr; I'd6d hiin li.i ui l DI'JI`dOn ~ J CONFIRMING FRIvSIPJG UftDER PURCHASE ORDER NO , MARKED) This number must appear on all ,3574 O D NOT DUPLICATE invoaces delivery slips cases, clas Lacs. pochrng skips and NIS Q Bid No Rile: 2-10-93 Page Pdo. LZD1.."IDOf FURCH4shvGHIVI$r0N 9018 TEXAS SrREE r! oEN roN, TEXAS76201 'AEA .A. ELI, CHRYSLER PLYMOUTH DODGE 817:3837106 A,fWMEFRO8172670042 EAX817,3824692 DRF~S 8 PAR.KFIELD DR. OEUVERY CITY OE DENTON US'IN, TEXAS 78758-5628 ADDRESS 80.1 TEXAS STREE'P A DENT'ON, TEXAS 76201 r e7 VEND0RPJ0 DELIVERYOUOTED 5-17-93 FOB DESTINATION TERMS NET 30 • • 1 EA DODGE CARAVAIJ MINI r'ARGO 'JAN $12,719.09 $12,719.00 I Lip CERTIFICATE OE' OBLIGATION FUNDS $12,719.08 NDOR IPJStRU,;IIONS i -3 Terrns N,:t 3o vIlk s Ovw' Sr rxl orklmal invoke with dupraale copy 4 Shvi Inslriclions FOB fkstomlol prop'lo "11"1" 1 en•oarin r Rill to Accminls Payatde 5 N:) lerlm,11 rx rAlte snH,s tax shall he na-.I❑d"'I 15 E fdcKmrxy SI in Irtxcs biller! L>vnlon, i% 76201 - NIC11asiny Division •r'r rr Jl pit I}r= CITY t.+ COUNCIL << `,r SIyy t r .at - - - - - - - - - - - - I O~: C a o° po 4440Q GGO~ lit ;tt;. Apt►4iQp1 p CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM r TO: Mayor and Memb9rs of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Election Contract with Denton County SUMMARY/RECOMMENDATION: At its meeting of January 5, 1993, the City Council directed the City Manager to pursue negotiations with the County Clerk for the establishment of a Central Counting Station in order to tabulate the punch card ballots which will be used in the May 1, 1993 City Council/School Board election. Staff is recommending that the Council approve this ordinance and contract. FISCAL IMPACT: The election contract with the County will require certain expenditures including tabulators and equipment rental. 1992 expenses were $500 for two tabulators and $100 for equipment rental. The County Clerk has indicated that expenses for 1993 should be close to that amount. J RESPECT LY SUBM D: Prepared by: Je n r Walters Ci y S cretary C:\WpDOCS \OAD\COUNSTA.O ~ AQe9daNo on/ Agenda Item l.~ 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT ~i BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR A CENTRAL COUNTING STATION OF BALLOTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to conduct the annual election to be held and conducted on the 1st day of May, 1993, by using an electronic voting system and seeks the County of Denton's assistance in operating a Central Counting station for counting ballots; and WHEREAS, the County of Denton is agreeable to operating a vote tabulatic,: system for the City of Denton; and WHEREAS, the County of Denton and the City of Denton mutually desire to be subject to the provisions of the Interlocal Coopera- tion Act, V.T.C.A., Governmental Code Section 791.002 and contract pursuant thereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ' SECTION I. That the Mayor is hereby authorized to execute an agreement between the City and the County of Denton providing for beicentral counting station of ballots a copy of attach d he eto and Incorporated,by reference herein. SECTION IT. That this ordinance shall become effective immediately upon its passage and approval. i 1993PASSED AND APPROVED this the day of . , BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DPAYOVITCH, CITY ATTORNEY 1 t J BY: y AOrdiNo _J13 _re)i Agenda ftemT/~? S ~ 9B r)ve 3y lI.ITERLOCAL COOPERATION AGREEMENT FOR A CENTRAL COUNTIN4 STATION OF BALLOTS WHEREAS, the City Of Denton, Texas and the County of Denton, Texas are both local governments with the authority and contract; and power tO WHEREAS, the City of L? District have contracted to have theirhannnualoelectionnofncouncil1 members and trustees to be held jointly and conducted by the city of Denton; and jointW EREAS , the city of Denton desires to conduct the an 1993 held and conducted on the 1st day of Mnu election to be aul , (the seeks the Cointyelection) nbysusing an electronic % ting Sys Counting Station for counting ballots; a -li tem and l op~iatinq a Central WHEREAS, the County of Denton is agreeable to Operating a tabulation system for the city of vote Denton; and desire WHEREAS, to be sthe subject the Denton and the City of Denton mutually ' Act provisions of the Interlocal Coopera- tion , Governmental Code Section 791.00 and contract pursuant thereto; NOW, the muttualTconsidRration hereinafterr stated, City of Denton, for I 1. SCOPQ of Services. agree as follows; The Denton County Election Administrator agrees to establish a Central Counting Station and Courting Station to tabulate the administer e on of votes cast tin the i the erant election in accordance with the provisions of the Texas Election Code and as outlined in this Agreement. The Denton County ElectionAdministra- for also agrees to provide the necessary equipment poses. All other matters associated with ec ducting thetelection shall be the responsibilit 9 pur- Independent School District, of the city of Denton and the Denton II. Electronic voting System. The City of Denton agrees that voting for the joint election will be by use of an electronic punch card voting system approve] Secretary of State in accordance with the Texas Election Cv-?a. The Denton County Election Administrator will be responsible for the C preparation of programs and the testing of the electronic voting system used for tabulating the ballots. The cost of supplies ne- , cessary to provide a complete system ready for operation, frames for the votomatics, programming and testin the Central Counting Station ballot boxes , locks, punch card voting demonstrator units and other election'equipmentnnecessary for t esyrop rfornductelection election and using the electronic will be determined by the Denton i County Election Administrator and approved by the City of Dento. The Denton County Election Administrator agrees to establish na central Countinq Station to receive and tabulate the voted ballots as outlined in Section IV of this Agreement III. Election Judges, Clerks and Other Election Personnel. The Denton County Election Administrator will arrange for the sel- ection of a Tabulatior Supervisor and any other personnel necessary for the efficient tabulation, of ballots at the Central Counting Station. The County of Denton personnel op rating the central counting station shall be f,,:rly compensated ien an amount fixed by the County of Denton with the approval of the City of Denton from current revenues available to the city of Denton. All other judges and clerks necessary for the nropcr administration of the election will be compensated by the nil, of Denton. The parties hereto, in accordance with Section:; 127.002, 127.003 and 127.005 of the Texas Election Code, appoint the following Central Counting Station officials: Manager - Tim Hodges or his designee Denton County Election Administrator Tabulation Supervisor - (appointed by the Denton County Election Administrator) Presiding judge - (appointed by the City of Denton) IV. Returns of the Election. The Denton County Election Administrator will be responsible for establishing and operating the central Counting Station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Agreement. The complete con- trol of the Central Counting Station will rest with the Manager of the Central Counting station, in accordance with Section 127.002 of the Texas Election Code. Access to the Central Counting Station shall be determined by the Manager of the Central Counting Station and shall include but not be limited to the Manager of the Central Counting Station, the Tabulation Supervisor, the Presiding Judge of the Central Counting Station, the City Secretary, and any other official as deemed necessary by the Manager of the Central Counting Station or as provided by law. The Manager or his representative will deliver timely cumulative reports of the election results as precincts are tabulated. The Manager will be responsible for releasing cumulative totals and precinct returns from the election to the candidates, the press, and general public. The Denton County Election Department will prepare the unofficial canvass report after all precincts hive been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have PAGE 2 1 a~da No _ - ov 1 A9e~da ~ S 7,_ Nit.- The manager or his representative will deliver timely cumulative/ reports of the election results as precincts are tabulated. The Manager will be responsible for releasing cumulative totals and precinct returns from the election to the candidates, the press, and general public. The Denton County Election Department will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have peen tabulated, but in no event later than 10:00 a.m. Monday, May 3, 7993. vi• Run-oft lection. If a run-off election becomes necessary for the City of Denton, the run-off election will be held on Saturday, 2 193. The Denton County Election Administrator will prvideythe$same9services for this election as are to be provided for the May 1, 1993 elect- Ion. vil. Liability. The City of Denton agrees to and accepts full responsibility for the acts, negliget.^e, or omissions of all of the City of Denton's employees, and age;,ts, in performance of this :agreement with the County of Denton. :he County of Denton agrees to and accepts full responsibility for the acts, negligence or omissions of all of the Counr.y of Denton's employees, and agents, in performance of this Agreement with the City of Denton. It is further agreed that if a claim or liability shall arise from the joint or concurring neg- ligence of both parties hereto, it shall be borne by them comar- ativel.1 in accordance with the laws of the State of Texas. This paragraph shall not be.. construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto. viii. Governmental Function. ! The fact that the County of Denton and the City of Denton accept certain resl,onsibilities under this agreement as a 1 responsibility for providing for orderly elections in the County eof Denton and City of Denton makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is II hereby invoked to the full extent t the City of Denton nor the countyoofi Denton ewaiveslor. shall hbe # d he ive r wisee be ava b able to it,aa 'y immunity claims o arising that would other- governmental functions. g from the 3xexer cise of PAGE 3 1 X- Miscellaneous Provisions. A. This Agreement represents the entire and integrated agre- ement between the City of Denton and the County of Denton and su- persedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City of Denton and the County of Denton. B. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. C. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. D. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties here- to, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the day of , 1993. COUNTY OF DENTON, TEXAS CITY OF DENTOh, TEXAS I i COUNTY JUDGE MAYOR Date: Date: Acting or. beha'.f of and by the authority of tte Commissioners Resolution No. Court of Denton County, Texas ATTEST: ATTEST: By: By: Denton County ri:rk City secretary ` APPROVED AS 'ORM: APPROVED AS TO FORM: cirY ATTORNEY Assistant D str ct Attorney By. ACC00OA3 PAGE 4 1v I 1 I+ }ZI IIL It, i +I+i if 2,4111 # ~ ~iY$ h 1 44 tv Y . t2"fCC~UNCII I i t . Y. i ~11 k ~ I i I~ i r. os . a° " f p~'00Qaoaacoo~°°~~ :XXTIUlln i .4 I c:wpdoce\ord\etect.93 I 414a No aQendallem Dale __e_ ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 1, 1993, AND, IF A RUNOFF ELECTION IS REQUIRED, ON MAY 290 1993, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES IF 2, 3 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DF- SIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PRO- VIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That a municipal election is ordered to be held in the City of Denton, Texas, on Saturday, May 1, 1993, for the pur- l pose of electing Councilmembers for Places 1, 2, 3 and 4. In the event a runoff is required, the runoff election shall be held on Saturday, May 29, 1993. I SECTION 11. That ,'he polling places, which shall be open from ' 7:00 a.m. to 7:00 p.m, shall be as follows: 1. Voters residing in District No. 1 shall vote at: I MARTIN LUTHER KING, JR. RECREATION GsNTER 1300 WILSON STREET DENTON, TEXAS I 2. Voters residing in District No. 2 shall vc,te at: FIRE STATION NO. 4 2110 SHERMAN DRIVE DENTON, TEXAS 3, Voters residing in District No. 3 shall vote at: NORTH LAKES RECREATION CENTER ' 2001 WEST WINDSOR DRIVE DENTON, TEXAS I 4. Voters residing in District No. 4 shall vote at: I DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS ;ION III. That the election officials for the election and the runoff, if any, shall be as follows: X_ - r 1. For the Central Counting Station: R. B. Escue, Presiding Judge; Alternate Judge; Tim Hodges, Man- ager; and Rana a Sm th, Tabulation Supervisor. 2. Fer District No. 1: Ruby Cole, Presiding Judge and Catherine Bell, Alternate Judge. 3. For District No. 2: Doris Chipman, Presiding Judge and Mary Mecay, Alternate Judge. 4. For District No. 3: David Arno, Presiding Judge and George Spuller, Alternate Judge. 5. For District No. 4: Joe DeMaris, Presiding Judge and Ralph Pyke, Alternate Judge. j 6. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. 7. R. B. Escue shall be Presiding Judge for the Early Ballot Board. The presiding judge of the Central Counting Station and of each district are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual as- sistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided for by State law. SECTION, early voting conducted t election, and the runoff election if necessary, by the office of the City Secretary in the Municipal Building at 215 East McKinney Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, commencing on April 12, 1993, and ending on April 27, 1993. In addition, early voting shall be held on Saturday, April 17, 1993, between the hours of 10000 a.m. and 3:00 p.m., at the same location as weekday early voting. SECTION V. That the Mayor is hereby directed to provide notice of the election, and the runoff election if ne,:r,ssary, in accor- dance with Sections 4.00: and 4.003 of the Texas Election Code, the notice to be printed in the Spanish language and the English , language. SECTION M. That an electronic voting system, meeting the requirements of Chapt%,r 324 of the Texas Election Code, shall be used for said election. SECTION Vii. That the City Secretary is authorized to prepare the official ballot for the election and perform every act required by the charter and laws of the State of Texas for holding elec- tions. PAGE 2 i Agaedako 9~ co y- - Agenda~tem ~'if~ 7C_ [ate 3 ti~3 SECTION VIII. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: / i C PAGE 3 r «C I $ft: ; r~I 3 C } 0 U N C I L r 23µi is i i I i i O oq~0 113WO ~ M O t' O4 O = ' Q p s s pe O H T r. 00~ooaaco°°~ XXX i I blfiow\escrewo.o ate„ No -Dd A"1 ORDINANCE N0. 3 1'y_,c 13 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ESCROW AGREEMENT WITH FLAW REGIONAL MEDICAL CENTER, INC.; AND PROVIDING AN EFFECTIVE I DATE. WHEREAS, the Order Confirming Plan of Liquidation of Flow Regional Medical Center, Inc. (the Center), dated May 16, 1990 in Case Number 88-42099 in the United States Bankruptcy Court for the Eastern District of Texas, styled In Re: Flow Regional Medical Center. Inc provides for the City to have a continuing lien in certain assets of the Center until January 1, 2008, or such time as certain conditions have been fulfilled; and WHEREAS, the Center and the City submitted to binding arbitra- tion the question of whether the funds subject to the lien should be deposited in an escrow account, and on December 17, 1991, the arbitrator issued his findings, a copy of which is attached hereto as Exhibit A, wherein he determined, among other findings, that the parties should execute an escrow agreement to the Bankruptcy Court for approval; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an escrow agreement with Flow Regional Medical Center, Inc., a copy of said agreement being attached hereto as Exhibit B and is incorpo- rated by reference herein. SECTiO7N II. That the expenditure of funds to fulfill the City's obligations pursuant to the Agreement are hereby authorized. kE9_UOI That Resolution No. 92-002, passed and approved January 7, 1992, is hereby repealed in its entirety. I EECT32N Iy. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. 1 i BOB CASTLEBERRY, MAYOR ATTEST: 'I JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITC;,, CITY ATTORNEY 1 BY: LIM 6) tUt I ?genda,+lq ..._.L3 :moo EXHIBIT „A" Agenda Itarp--eC6' -0 7Z) IN TIW, UNRLD -TAT 3 BANKALrpTCY Cf~uKfl9_= y= ~3 FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DPi1S=0N 13 IN RE: 4 "XA-IW Rf,CcONAL MEDICAL 4 CENTER, INC, } CASE NO. 88.42099 f CHAP'T'ER 11 DEBTOR. r DECISION DY ARD_ Dill ,H. Brister (-Arbitrator'), pursuant to order for arbitration sig,ted h,, the Dankrupicy Judge Oft October 29, 1991 and pursuant to an Att:itratirm < i.. musion Agreement executed by the parties, rlow Regional Med,cai Cvntrr. 1nL ('Debtur') ur13 the City of Denton, Texas ('CItY'), presided at arbitration pro• ceedings on December 10. 1991. cummencia at 9r r 04 a. m. The City and the Debtor each appeared by their respective attorneys of record and orinuunced their agreement to develop the relevant idence by affidavits ul fact witnesses and by tntredutaion of pleadings and docurents. The Arbitratur, huvtng received the tendered eShtbits and the tendered affidavits and having heard the urgument of counsel, mnStes the following decision concerning the Submitted matters in t.(nnn. verity between the City and the Debtor. Plcw Nemoria) tlospitaJ was chartered and "rated from September IQ50 t?rrough January 14. 1998 u a city/county husyittil pursuant to Article 4494(il•i. Vernon's Annotated Taws Ci•.it Statutes. Flow Regional Medical Center. Inc„ a not•1'ur•profit corporation and the Debtor in this case, was created and corn. menced hospital operatlonsi oft January 18. 1988. When the patient census did t not materially increavi to a point "here uperationa would become profitable, the trust:es of the Dabtur nut-fur-profit corporation voted to take those actions DE ION YARD • pag,, 1 w: N1F.0 0 EC 1 71991 i Agenda ilem-_ h,ch mtfht be required to cinse the rscility, This batilvu ~-t s-- 51 - on 6epternber 22, 1366, and operations continued under debtur•in. c,//✓ pu..seslion Salt _'f the factlitc w Nutdm Huspitals of Texas, Inc. was effected in Jul; 1S9o for the stated amount or $4,500,000, payable 82,500,000 in cash ana a pramisV,n nuts for the 112.900,00Q balance, payable in twenty (20) annual installments n} 81UU,000 each, commencing with the first annual installment on July 14, 199u and continuing annually on that same date through July 14. 2009. 'rhe r,.;te specifically pro~tded that no interest shall be payable on the unpaid prinuipal, f That note,• and its proceeds, is the principal res of the controversy between tine City and the Debtor. On January 18. 1988, when the hotPital u erstiuna P pttsaed to Flow Regional Medical Center that new not-for-profit corporation had e,uscuted and delivered to the City a deed of trust and security agreements In and to the hospital Innd and facilities as security for payment by Debtor of certain ubli8attuns to the City and for payment by tha Dubtur of other obligations for which the City is or Wright be contingently liable, The Debtor's confirmed Plan provided for pay. ment of all allowed ulatms of all parties Including, without limitation, the utility claims of the City of Denton and the third party claims which were specifically allowed by the Court and for which ilia City could have b"n livid contingently liable. All of those claims were paid by the Debtor iind the Plan 6hus was substantially rnnnummeired. Thera was a third category of claims for which the Dubtur was or could he contingently liable to ois City. Debtor had apeed to Indemnify the Ctl>- i against any claii- a whatsoever w1dula might be filed or made upon the C'itY by virtue of its relationship with the Debtor, pro-pstitlpe and post•peettlon. The parties appeared to have in mind pussibla malpractice claims which might he DECISM 8Y ARRT T-01t - Pose 2 Agenda item_.t ~ 7 n nde b> rninurs jr atlers under a legal dliability. The De Prot'Ide Insurance cowra;e to the City to protect against such ccnt.r.cent C:3: . Dr6t;r5 confirmed Pian provided that the Cit,vb lien shall continue in the Ael;t• arb assets until Januarv 1, 7008, or until the Debtor provides :murance a i i}'pC specified in the Pl,vt, It stated further: Until such time as the insurance is pruvided by the SJeotor and the Debtor has satisfied its indemnity obligations to the Cliv of Denton. the liens of the City of Denton shall remaia In full force and effect in and to all of the present assets of the Debtor. includ- Ln[. but not limited to all caymenu under the note recelveole for the . ale_ of the la acres of and and the hosoltal fe Ul said note Ravi r bun made 6v Notsml oovitaia of ea c. (Emphasis Dacca.) The above factual matters do not appear to be substantially in depute bot%.un the parties. The thrust of tliv cuntroveray is concerned %rith the use or attempted use by Debtor of some of the proceeds ur tiie 92.000.000 note, Under its Restated Articles of hicurpurallon, It had provided, among osier things, that it would use the beat of its sibillty to provide up to (75.000 annually for health cote related scholarships. It contends first that notwithstanding the fact that it hod provided the City with a security agreement R.glitut all. of its oro,- cwt% and further that its Plan hod specifically reeognltad the City's perfected liens. the City had not in fact filed a financing statement ur taken any other overt aces to perfect its claimed lien. That lapse on the part of the City. claims the Debtor, results In It having no lien against the proceeds of the note whalwever. Alternatively, Debtor posits that there wee no consideration for the Restated and Amended Security Agreement (elivicuted on February 19. MS. effective its of January 15, 1989) which, fur the first time, mattes the require- , ment for prucurement of insurance. Finally, it contends that notwithstanding the DECLSION RY ARBITRATOR • raga 3 1 AgcnnNo le AgenCaI leni.~!EJ race chat she 82.000,000 note provides for rrj uttrrest, %W619 L+nr!J3 "r`'cc' will Impute interest to the note and the Citv's lien, r UN. it m;ced ;u the note proceeds after imputed interest at a'+r per unn~T. amortized, Ench of those challenges advanced by the Debtor is rejected The an. 911119C in the confirmed plan which was nervtiated by the parties .s c:ear and u igauou.., Under the Plan the liana of the City are In full force and ef.ec• live e ,against all assets of the Debtor including specifically, but not limited to. all of the p8~Iment3 under the $2,000,000 note. As tar as the Citpb lien is con• a earned, It w;ts intended to extend to the full payment u made each i regard4ss of whether the Debtor attempts to characterise a portion at it as 1 'imputed Interest- or not. The above cited prWlslun in the Plan appears to have been negotiated by the parties, long after the esacution by the Debtor or the Amended and Reelatetl Severity Agreement. If any basis over existed for ehullenging the consideration for the security agreement, it has been wacved. The City contends that if any additional perfection of its lien is required. it enn perfect only by possession of the monies as they come in on an annual bests or by constructive possession of those muaivs. It has sub.ritted a proposed prov,4i+an for an escrow arrangement. AccmdluK to my understandin; or tilt, statements made by each of the parties during the course of the arbitration proceedings, they have agreed that the muidus shall be held by First State flank of Denton. Texas with thr fear of the escrow holder to be paid by the City and with the earnings. on tlwov munies to be used by the Debtor for lawful purposes. wash the corpus to he held intact until the contingencies purported to be r addressed by the xonfirfned Alan have been stet. In that event an escro%+ DEC tON 8Y AABRMTOR Pap 4 y Agenda No AQendaftan~ ~..7D. _ agreement a OCo_..z~; pprvved by each party ah,uutd or submitted to the Court a[`psv~ul ' If the plan so provides fur continuing oversight by the bankruptcy judgr. 13 ~ This Uec<sion by Arbitrator is filed with the Court for orderb or action, if any, deemed appropriate. i SIGNED this, 16th«y of DeceLH..8rt'stfr. 1 i Arbitrator Bess w~ue:.~~soo t DECISION BY :RI! Tpg pap a j EXHIBIT "B" Agenda Ilem__ ~ -1 0~ ESCROW AGREEMENT BY AND AMONG THE CITY OF DENT I-FLOW-HEALT CARE FOUNDATION, INC. AND FIRST STATE BANK OF TEXAS This agreement is entered into by and among the City of Denton ("City"), Flow Healthcare Foundation, formerly known as Flow Regional Medical Center, Inc. ("Flow"), and The First State Bank of Texas ("Escrow Agent"), as follows: WHEREAS, the City of Denton has a continuing lien in the 1 assets listed below by virtue of: that one certain Deed of Trust dated January 15, 1988, executed by Flow for the benefit of the City, which Deed of Trust is recorded in Volume 2309, Page 481 of the official Real Property Records of Denton County, Texas; that one certain Amended and Restated Security Agreement executed on the 19th day of February, 1988 by Flow in favor of the City; and that one certain Plan of Liquidation, as amended, and as confirmed by Order Confirming Plan of Liquidation of Flow Regional Medical Center, Inc. (the "Plan"), dated May 16, 1990, in Case Number 88-42099 in the United States Bankruptcy Court for the Eastern District of Texas, styled In Re: Flow RUjonal Medical Center. Inc.; and WHEREAS, the City is desirous of perfecting its lien in the assets described below by placing the assets with the Escrow Agent under the terms of this Agreement. Escrow Agreement, Page 1 Aoendako ~_~3 ca 7,_ Agenda Item _~~.`r [ble 3 NoRe THEREFORE, it is agreed as follows: 13 1. The following assets are subject to the lien described hereinabove and tendered to the Escrow Agent pursuant to the terms of this Agreement, and shall be referred to as the O'Escrowed Funds": ' A. That one certain promissory note in the original principal sum of $2,000,000,00 executed by Notami Hospitals of Texas, Inc. payable to Flow. The lien on the Escrowed Funds described hereinabove includes all future payments on the note and any other proceeds derived therefrom. Flow agrees to immediately notify Notami Hospitals of Texas, Inc., to make all future payments on said note directly to the Escrow Agent. 8. $370,000.00 in cash or its equivalent, including, but not limited to U. S. Government obligations. 2. The Escrow Agent will not release any or all of the principal amount of the Escrowed Funds until and unless: A. It is authorized to do so by a written document executed by the then serving City Manager of the City, after being duly authorized by the City Council, and the President of Flow (or the President of any successor entity to Flow); or , 8. January 1, 2008, at which time it may release all or part of the Escrowed Funds to Flow, upon such terms as Flow Escrow Agreement, Page 2 Apefidalt -5-4 nets _11~2-~ may direct, and without necessity of obtaining the Permission of the City; or fY 13 C. Flow procures the insurance described in the plan. "Principal amount of the Escrowed Funds" means the remaining r balance due on the note described in paragraph 1(A) above, and the sum of $370,000.00 as described in paragraph 1(B) above. It does not include interest earned on subsequent note payments paid to the Escrow Agent by Notami Hospitals of Texas, Inc., nor interest earned on the $370,000.00 described in paragraph 1(B) above. 3. The Escrow Agent shall also have the power to invest or reinvest the Escrowed Funds in such manner as directed solely by Flow, provided that any such investment or reinvestment of the Escrowed Funds shall remain subject to the terms of this Agreement. 4. Nothing herein shall prohibit the Escrow Agent from releasing any interest earned on the Escrowed Funds to Flow, as directed by Flow; provided, however, that the payments received on that one certain note receivable from Notami Hospitals of Texas, Inc. in the original principal sum of $2,000,000.00 and the $370,000.00 [as described in paragraph 1(B) above] are to be considered part of the principal of the Escrowed Funds and not interest for purposes of this paragraph. 5. Any notices to be sent, or required to be sent or given ' under this Agreement shall be sent to the address of the parties hereto, as follows: Escrow Agreement, Page 3 I I l III Agenda No Agenda l~ertt~ te CITY; City Manager Da ~ City of Denton 10 Municipal Building Denton, Texas 76201 City Attorney City of Denton Municipal Building Denton, Texas 76201 FLOW: Ann Pomykal, President c/o Flow Healthcare Foundation, Inc. 1310 Scripture Denton, Texas 76201 ESCROW First State Bank of Texas AGENT: Trust Department P. O. Box 100 Denton, Texas 76202 6. The City agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. Alternatively, in the event the City desires not to pay the fees of the Escrow Agent, the Escrow Agent may be changed to the President of the Board of Flow Regional Medical Center, Inc. or its successor, acting in his or her individual capacity, who agrees to kl~ act as Escrow Agent without fee. 7. Escrow Agent agrees that any cash funds held pursuant to this Agreement which may be placed in financial institutions, will be placed in such a manner as to insure that the funds are insured by a federal agency, such as the Federal Deposit Insurance Agency or are proter;ted from the insolvency of any such institution by a 1 pledge of that institution's securities. a. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the Escrowed Funds in accordance Escrow Agreement, Page 4 AgendallefrL_-g- S with this Agreement. The Escrow Agent shall not &I-1-table-fer aI act done or omitted to be done under this Agreement o in connection with the amounts deposited, except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds i deposited, the proper interpretation of this Agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this Agreement, the Escrow Agent shall not be required to act and shall not be hold liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right to do either or both of the following: (a) withhold and/or stop all further performance under this i Agreement until the Escrow Agent is satisfied, by receipt M of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all parties hereto, that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain a final judgment i rendered by a court of competent jurisdiction, an order binding all parties interested in this matter. 9. The City may name a successor Es-.-row Agent at any time, I , provided, however, that the successor Escrow Agent is; Escrow Agreement, Page 5 ,Venda No Agenda Item m'S ~ 7 Z) 177 (A) The then President of the Board of Flow,- or---fts /,;2 AY / successor, acting in his or her individual capacity, o agrees to act as Escrow Agent without fee; (B) A financial institution which is the City's depository financial institution; or (C) made with the consent of Flow, which consent will not be unreasonably withheld, as long as the City and such successor Escrow Agent agree to be bound by the terms of this Escrow Agreement. 10. This Agreement shall be binding upon successors and assigns of the parties hereto, 11. The parties hereto agree that this Agreement is executed and performable in Denton County, Texas and that if any legal action is necessary in connection with this Agreement, exclusive venue shall lie in Denton County, Texas. 12. The lien of the City of Denton includes all assets of Flow, as of May 161 1990. Theae assets include, but are not limited to the assets tendered to the Escrow Agent by this Escrow Agreement, and also includes all proceeds of the May 16, 1990 assets of Flow. The lien of the City of Denton does not exist or encumber those assets of Flow acquired after May 16, 1990. Escrow Agreement, Page 6 J A941de No AgendaIter2 S SIGNED this the day of FLOW HEALTHCARE FOUNDATION, INC. r CITY OF DENTON By: Bob Castleberry, Mayor FIRST STATE BANK OF TEXAS By., Escrow Agreement, Page 7 . 4WCITYM ~t.;..:,. f COUNCIL :1rIr ~ 1r:c t mop Do o s o 0 1 Q Pot,. It* OVO~ ~ GG9G~ MM: t + t Ml: I ' Aaaw~No. A00 a( L S DATE: February 16, 1993 CITY COUNCIL AGENDA ITEM l/ TOi MAYOR AND MENMBERS OF THE CITY COUNCIL FROMI Lloyd V. Harrell, City Manager SUBJECTS RECOMMENDATION FOR CONTRACT AWARD FOR PREPARATION OF J POWER SUPPLY STUDY TO RESOURCE MANAGEMENT INTERNATIONAL RECOMMENDATIONS The Utility Board and the Electric Utility Staff recommends that the contract for preparation of the Power Supply Study be awarded to Resource management international (RMI). SUMMARY/BACKGROUNDt The Utility Staff had previously submitted to the Utility Board proposals from six engineering firms for preparation of the Power Supply Study. The Board had previously recommended that contract negotiations be initiated with Resource Management International for completion of a Power Supply Study. In response to the Request for Proposal, the firm of RMI has submitted the attached contract with the scope of work included. The Power Supply Study will be divided into ten TASKS which will delineate the scope of the Power Supply study. TASKS 1.4 will consist of Data review, Load Forecast review, review of the City's present power supply, and review of the City's present generating facilities. TASK 5 will consist of an interim report which will review the Consultant's findings as to identification of possible enhancements which can increase capacity or improve efficiency, identify present operational changes necessary to comply with environmental legislation, and review of the City's power supply contracts to identify opportunities for improvement in present dispatch accounting procedures and operational constraints under TMPA and TMPP. TASKS 6 and 7 will consist of identification and analysis of various power supply options including purchased power; repowering City's g new eneration to establish a combined cycle unit(s)) addition of generations participation in energy next facilityj co and contemplate by facility at TWU. The analysis of a possible co•gen facility at TWU will consist of a review of possible alternatives identified in a 1986 TWU Co-Generation Study, identification of a technically feasible alternative, with development of preliminary cost estimates and Operations and Maintenance expenses. AQerdike AQeada Item,'~S,~f_ Date - 23 The analysis of use of a co•gen facility at TWU for alternate power Dasioulyrce a nd Brain. of will be completed under subcontract to Lutz, 1 TASKS with 8.10 will consist of economic analysis of alternatives, , report preparation and presenta Council to follow. tion to PUB and City The contract specifies ion t from specific imates are City task required estprior to included, wit h authorizat '-mount of $118,900 as the sum of the specific tasks. The Studyias Of Denton will use the results of the Power supply model for determination of timing and feasibility of inclusion of future power resources. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: City of Denton Utilities, City Council, Public Utility Board, and city of Denton Rate Payers. FISCAL IMPACTt The basisofor cost off inthe Power dividual tasks y Is t atta hed 128, 900. The Respe fully submitted, i ?Ll yd V y Manager Prepared By, Jim a r d e r, Director of Electric Utilities Approved By R. E. Nelson, Executive Director of Utilities Attachments Exhibit I: RMI Proposed contract Exhibit II: List of TASKS Exhibit III: Time Schedule 1223006.cc Exhibit Iv: Budget Estimate F; \VGDOC S\HOAK \AESWALE.ORD A04nda No Agenda llerrL Dale __eL ORDINANCE NO. i, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL, INC., FOR PERFORMANCE OF SERVICES RELATING TO A LANG-RANGE POWER SUPPLY STUDY; AUTHORIZING r THE EXPENDITURE OF FUND THEREFORE, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: HSTT9N-I. That the City Manager is hereby authorized to ex- ecute an agreement with Resource Management International, Inc., for the performance of services relating to a long-range power supply study for the City of Denton, a copy of which is attached hereto and Incorporated by reference herein. SECTION II. That the City Council hereby authorizes the ex- pcnditure of funds in the manner and amount as specified in the agreement. 2LIZLQN_ III• That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of _ 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SFCRETARY BY: APPROVED AS TO r.EGAL FOP14: DEBRA A. DRAYOVITCIi, CITY ATTORNEY ApandaNa --l~w~~..~ i Aoendaltitm_._gs'`~ Date_jZ__~r:3~ CONSULTltJG SERVICES CONTRACT BETWEEN CI1 Y Ol' DENTON AND RESOURCE MANAGEML N7 1N] ERNATIONAL, INC. I 'The I CITY OF DENTUN,'i ERAS, a lfome kule X1urdcipaUly silualed in Denton Count, hereinafter called " mien, acting herein by and through its City hianager, togell+er with Fe,ource Manag?n+ent InlemationAt, Inc, hereinafter called "CONSULTANT hereby mutually agree as follows: 1. GOALS AND OP!ECfIVES CITY desires to contract with CONSULTANT to perform a multi earl study of the C11Y'S long range power supply options, Concerns include: 1. Load Forecast 2. Exlsting Generation 3. Power Agency and Pool Consideration 4. Options and Submittals The parties intend to achieve this end by CONSULTANT'S porformatwe of services, including field surveys, analyses and repotted recommendations. M CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the development of the project as outUned herein. The Scope of Work which CONSULTANTagrees to perform is set forth In Exhibit A; attached hereto and Incorporated by reference herein. Execullon of this agreement autharizes CONSULTANT to proceed with the professional services of Exhibit A M. TERM OF ACREEMENT ' 'the terin of this Agreement shall begin yin the effective date, and end one (1) year offer performance of services. IV. COMPENSAUON TO BE PAID CONSULTANT C11 y -let(-s to pay C0N5UL'I AN r for the setvicrs herformrd hereunder as follows: A. Compensation: CONSULTANT' shall bill C'1'1.Y upon (OMP1010n Of caclr 'T'ask lcemiztd in Exhibit A. CITY shall reimburse CUNSJt 11 for any apphcab!e sales la:, lrnposed ore services rendered by CONSUL'1 ANT to ~endtNo _ ~f3 •oa - a - „ - ~ ~ - - :Agenda ittNr!~ ~7 7-7 ~Eh Lbte~1L~~~ , ~J + I3. f'aymenl. C11 Y rail Tea) (:ON )UI.'L ANI within dorty (30) ,lit s cf r,,cei, t of invoi e from C UNSt.11 AN 1. 07-` a roes ti ti roll)' ! Ilnl'r L'il1.ti, nl t i~l°)°,I IK~ 1n H'flttCn filrnl ettln(~ i forth Sp(.Jh.c excoptieiv and unpaid after 11)JI) (311) JOYS (rcrn cute of nreipt, $1+311 be subpct to a late pa)'rnpn. ckirge of one and une•hnll (1.5? porcer,l for -rash monih or { fraction thereof past due. a V. SUPERVISION AND CONTROL Eo CITY It is mutually understo,xi and agreed by and behvcrn C11 Y and CONSULTANT that CONSULTANT is an independent contractor, and as such, shall not be deemed to be or cowidered an employee of the CITY OF DEN TUN!, I EXAS for the purposes of income t,rx withholding, social security taxes, vacation or sick nave benefits, worker's compensation, orany other CITY employee benefit. CITY shall not have supervision and control of CONSULTANT or any employee of CONSULT!0,11, and it is expressly understood that (:ONr" ILTANT shall perform the services hereunder accenting to the leans of this agreement 31 the direction of the City Manager of the CITY OF DE,J'rON or his designee under this agreement. VI. SOURCE 01: IVNDS At) payments to CONSULTANT under this agreement are to be paid by the CITY from the Electric Operating Fund cf the City of Denton i VII, INSURANCE CONSULTANT shall provide Professional Liability Insurance from Oeslgn Professional Insurance Company, which is rated A-,[X by the A, At. Kest C~inpany. CONSULTANT shall maintain in effect at Its uwn expense, employer's liability )nwrance, one•milifon dollars (b1,000,C01) aggregate of con,prehensh'e general liability hlSllrance (bedlly intary and property Jsmage), five- hundred thousand dollars ($.W,000) aggregate of comprehensive automobile liability insurance (1xvii1y injury and property darnage) with respect to CONSULTANT'S vrnployees and vehlcia< assigned to the prosecution of wort. under this agrvemer 1, and ono-million dollars ($1,000,000) aggregale of professional liabih(y insurance. CONSULTANT shill also maintain slatutoty worker's compensation insurance. CONSULTANT shall obtain and Ihere,after maintain in effx-t, if available, such additional insurance es may be requeslcd In writing by ('IT)', the cost of which will be reimbursed by CITY, Vlll, INDLMNi tCA7fON C'ONSU'LTANT shall, and does hereby agree to indemnify Am! hold harmless the CIT1' OF DPN TON from any and al! damages, loss or liabihty of any kind whatsoever, by reason of injury to pioperly or third persons to the extent dirmlly and proximately raused by the error, omission or negligent act of CONSULTANT, its officere, ar,,anls, on,plovees, invitee;, and other person,. for whom I( is legally ll ible, in the course of the perforniance of Ilse agreetrnonl, and will, et its casts end expense, defend and pto!mt the 01 Y Ol- DENTON against my and all such. claims and demands. CONSULTAN is obligations to It demnify CI I Y lereunder shall not extend to 2 II i i ASandaNo t2e Apendaltem ~l any claims, derrvands, dannagrs, or expenses resulting frum the negligent acls, erTrrrS, or omissions, whether active or passive, by CITY, its officers, agents, employees, representatives, or others. CO" SULI'ANT shall not be liable for incidental or consequential damages IX, WHOLE CONTRACT 11its Agrec.nent represents the entire end integrated agreement between CITY and I CONSULTANT, and suporscdas all prior negolietions, rcpresentallons or agreements, either wrilten or oral. 'I his Agreement may be amendid only by written instrument cxccuted by the signatories hereto. X. RIGHTS OF THIRD PARTIES i i Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either CITY or CONSULTAN'r. XI. CHOICE OF LAW AND VEME This agreement shall be governed by the law of the Slate of Texas, and venue for its construction r and enforcement shalt lie in the courts of Denton County, Texas All. CANCELLATION CITY and CONSULTANT each reserve the right to cancel this agreement at any time by giving i the other party fourteen (14) days written notice of its Intention to cancel. If the agreement is canceled before completion, theCMagrees to compensateCONSULTANT for services provided and expenses Incurred prior to notice of cancellation. XIII. SEVERABILITY If any section, Misecllor, paragraph, senlencc, clause, phrase or word in this agreement or application thereof to an)' person or circumstance is held Invalid by any court of competent jurisdiction, such holding sluill not affect the validity of the remaining portions of this i agreemc:d, and the parties hereby declare They world have enacted such remaining portion despite any such invalidity, j j Executed this day of 1"3, C'IT'Y OF DENTON, TEXAS l DY _ LLOYD V. I IARRELL, CITY MANAGER I 1 1 Agenda No l3 - 04~ a i ! z s: a Ap attek CJ S 7~ Date ATTEST: JENNIFER WALTERS, CITY SLOLTARY BY: APPROVED AS TO LEGAL FORM DEBRA ADAM) DRAYOVIJUI, CITY A'I'1'ORNIiY DY; RESOURCE MANAGEMENT INTERNATIOi%IAL,.INC, BY, RICHARD FO TZ, V[ RESIDENT 4 AperuNo -eel I' 3 Age0allem~,,, Y ! 01::.?3 iSr5 E t St: Say 6574 cot 5116" J'' j /3 L'X1iIl31T A , VJ CONSULTING SERVICES CONTRACT DATED 1993 BETWEEN CITY OF DEN70N, TEXAS AND Rl+fl FOR A LONG•RAA'GL POWER SUPPLY STUDY I The City of Denton, Texas, hereinafter called "CITY," and Resource Management International, Inc, hereinafter called "CONSUL'1'AN1';" have executed a CONSULTING SERVICESCONTRACr dated 1993. Pursuant to the terns and conditions of the CONSULIING SERVICES CON] RACI', CITY hereby authorizes, and CONSULTANT agrees to provide professional sen1cec re>>rod to, the preparation of a Long-Range Power Supply Study. SCOPE OF SERVICES i CONSULTANT shall provide professional services as follows: Task 1 - Data Request and Review CONSULTANT will prepare a data re<luesl for such documents as power supply agreemc:its, accounting and financial documents, bond ordinances, operating reports, load Information, and Information about CITY's power plant. CONSULTAN r will review this Information, and such review may result in a request for additional information. Task 2 - Review Load ForerAst CONSULTANT will review CITY's load forecast to assess the methodology, reasonableness of the modeling approach, the types aril sources of input data, and the consistency of the forecast's assumptions. CONSUL'PANT H711 nut independently verify the accuracy of specific inputs or outputs. CONSULTANT will also review C11 Y's customer base to Identify possible new demand side management programs for the C'ITY's consideration. CONSUITANT is to merely Identify possible demand side managenuVnl programs which way have benefits (or CITY, and CONSULTANT Is not to evaluate such programs, It CITYaulhorizesCONSULTANT to evaluate new or existing demand side management programs, CITY will excrute a separale consulting Service Contract. Task 3 - Revie i/Agency and Pool Considerations CONSULTANT will review CITY's power supply contracts to Identify CITY's operational responsibilities, opportunities, and constraints. C'onsultnnl will moot with CITY to discuss the dispatching and accounting proccdures implemented by CIIY's power suppliers under the contracts. i I VndaNo ll3-oDz 4pendallefrl _ti~~ IE l ' fask 4 • Review Existing GenrrifiaS Facilities Cl"~5'~,.v,•,NTcvil'~,obscncCfil".gas-hrttiga~,.~aiir,gt."s!~,ii.•n' rvpnaibleeaihantcmc•nt; ~ which car, incieme .apacity or ~mprr,c tdfi'wrcy, identity Tiny ntvessary char+'es to th,r operation ur additions of equip;ntnl to comply r. ith the C'Iean Air Act Amer,irnents of 1990, and to esnmale both capital and operating fincludin,q Ajol) costs for analysis and subsequent tasks. CON'5ULTA:N"I's review will be nt A reeonna;ssance level; CONSULTANT shall perform no design work as part of these seivitts, Task 5 - Preyare Interim Report I CONSULTANT will prepare an interim report to summarize its findings from its review of CITY's load forecast, CITY's power supply contracts, and CITY's existing gas-fired generating facilities. CONSULT'ANT' will submit its interim report in draft form to CITY for its review and cor;Lment CONSULTANT will meet with CITY to discuss the draft interim report After iistwssion avath CITY, CONSULTANT wili finalize the hit;nm report and submit it to CITY. Task 6 • Auafyte Technical Feasibility of TWU Cogeneration Facility CONSULTANT shall retain 1).a enl;ineerlrg firm of Lutz, Daily h Brain (SUBCONTRACTOR") as a subcontractor to assess thv to'hnlcal feasibility of a possible cogeneration facility at Texas Woman's University 1'WU"). I SUBCONTRACTOR shall prow ide the following professional services: 1. Review 1986 ML; t:~I;gneration Study - SUBCONTRACTOR shall review the existing 1986 TWU Cogeneration Study and shall anaiyze the nct benefits to CITY nn altamuiives which were proposed in the study. 2. Fi91d Tg • A field trip will be made by an cxlkrienced engineer to: A. DL;IVSS the 1956 Cogeneration Feasibflity Study prepared fur'1WU. B. Review data on IVA;'s electri„ stcain ,tad chilled water systems. I , C. Discuss possible interconnection airangeinenls betwveen TWU and CITY, D. Discuss operation and mahitenancv of a togeneration facility. 3. I'cchntcal_i r~l ~,isbla Cogeneration C oi±guial;orl • KIM on e1mric, steno and chiltRd r water load growth projmtiuns provided by CONSULTANT, SUBCONTRACTOR MR recommend a techtiically icasible cogeneration configuration for fu,,...,r analysis. The cogeneration plant will be soared either on the TWU cainpus or at the Spencer Power rlant. I I. C~ny~,nialCunslrriClicnl'~,clj~ ioir.hLdqj SUBCONTRACTOR shall develop a conceptual prop~•i must rstirnaty and a <chedule pravlding the eslimattri time to design, cunstnict and place in ohet,ation the cogeneration facility. Agenda No 5, Operation and NQaintenancF Cost 141inyte - SUBCONTKA0OR shall prepare an estimate of the operation and mairteran;r rests, excluding fuel, for lhv :ugencratinn ; facility, 6, Kworl . SUBCONIKA0'OR asill documt-nt :ts kvoik. m a mavn.r satisf.actcry for inclusion in CONSUL] ANT'S reports to CITY. Task 7 -identify Options CONSULTANT will identify the options availaule u+ Ci rl' and do.'eiop pow'rr supply play; to serve CITY's projected loads for analysis in subsequent tasks, CONSULTANT'S Services In N3 task shall include the following efforts. • CONSUL'T'ANT will develc+p a table show;'ng CITY's loads, resources, appropriate planning reserves, end the resulting surpluses or deficits by year for a study period of 1994 through 2013. I • CONSULTANT will draft a letter for CITY to use in soliciting exprmdons of interest to provide CITY with power and energy CONSULTANT will also provide a list of names and addressub of Possible power suppliers to CITY. • CONSULTANT will review replies received by CITY to unsure sufficient Information ~ is provided so the CONSULTANT' can evaluate these options. CONSULTANT will contact certain respondents to ebtain additional hiforrnation or to clarify information presented. • CONSULTANT will develop various pims,er supply plans using such options as: Purchase paver I Repowering CIIY's generation to estabUsh a combimad cycle unit(s) • Addition of new generation at C'ITY's cxisling pLrnt site 1 • Participation in the next unit or emits contemplated by the TexAr. Municipal Power Agency participation in generating units construe ted or operated by others Participation in a possible col;enoratlon facility it the 'ItiYU Modifications of CI f Y's existiltiA generating units, including mmlifications Cr Improvements to accommodate refuse.ferived fuel In a wa.cte•lu-energy facility Task 8 • E'cononsic Analysis CONSULTANT' mil prepare an (v,maini, analvsiu of each 1•lan developed In Task 6. CONSULT ANl' avil I meet tviih C1 C1' io dlCruss its n'rmcnue rur,lySts and h. identify additional etionomic analyses to be perGmnrel, monde No N 'le _--SeL r - _ - Task 9 - Prepare Report WNSU'LTANT will draft a report .un'anarirmg ;is rovi'tcs, an:11YFO', c,mclusonF, and r H'Gnl11 k'nddtli!ni ri'iahng to Cil i !hll,(~-ran -,'~CI s:~pl`!j" pr!`r', itn 14,o draft report will kaplain the onaiyscs performed, '.h( assumptions in.ido. anti the ,i1!crn,~lives and opunna (wisiJorod in establishing the rtvcinmond(d gx,wer supply progrnn CONSULT'AN) mil submit its report in (tract fonn to CITY for its review on3 comment, CONSULTANT will meet with CI f Y to discuss the draft reperi. After di:, ustion with CITY, c: NSULTANT will incorporate the eornmenis appropri'w.cty and plovido CITY with 2: cupie3 of the fugal report. Task 10 • Presentation of Results CONSULTANT will present the long;-range power supply sludy to CID% public Utility Board, City Council, and utility reprekntatives Consultant till be available for a roveting with CiTY's Public Utility Board and a srparate meeting with tthe City Co:nci1. SCHEDULE CONSULTANT aNicipates completing those services on the snc(viule presented in Flj,"e 1 attached hereto. COMPENSATION CONSULTANT shaa bill CC I)' upon completion of each task as fol!ows- Task 1 - Data Request and Review $3,200 Task 2 - Review Load Forecast 91100 Task 3 - Review of Agency and Pool Considerations 7,600 Task 4 - Review Existing; Generating Facilities 16,300 Task 5 ' Prepare Interim Report 8,300 Task 6 - Analyze 7'mlinical Feasibility, of TWU Cogenotrlion facility 2O M) Task 7 - Identify Options 10,9110 Task 8 • Economic Analysis I9„'100 'I ask 9 - Prepare Report 13,2110 Task It' • Presentation of Results 11.1X10 $118,900 1f CONSULTANT" S servic(rs ara IvrminaI d for any reason, CONSULTAN T shall bill CITY for the time spent and expanses incurred on'I'asks not yet completed, AUTHORIZATION Authorization of scrvicos pursuant !o this 'l'ast Order i; by cxtx-t!Iion nt the CONSULTING SrRVIi'I:S CONIRA('T. RMI Figure 1 R I S O Y A C 9 M A N A O[ M G N T Schedule of Tasks for Denton's -~I N T L R N A T 10 N A 1, l, me. Long-Range Power Supply Stud i I i I r MONTH TASK ` 1. Data Request and Review f 2. Review Load Forecast 3. Review of Agency and Pool, Considerations 4. Review Exleling Qenerallon 6. Prepare Interim Report 4 6. Analyze TWU Cogeneratlon r. Identity Options 8. Economic Analysis 8. Prepare Report 10. Presentation of Results LN t ~ R I ~ Agenda No AgendaltenL-~6 0' 17 _ 0310 EXCERPT FROM PUBLIC UTILITIES BOARD MINUTES February 3, 1993 r The following item was consideredi 5. CONSIDER RECOMMENDATION FOR CONTRACT AWARD FOR PREPARATION OF POWER SUPPLY STUDY TO RESOURCE MANAGEMENT INTERNATIONAL. Harder reviewed this item. After extensive discussion, Coplen made a motion to approve Item t5 as presented. Second by Giese. All ayes, no nays, motion carried. pub excerpt 2/03/93 k}I t Y t Iii-CITY,,fll C I L r`f r r t'ti t. „I..4 i s e OOLO' --72 1 :11:111:1. 1:113 unlu: mill M1111:111 t ~k t..,rr. Ao* CITY COUNCIL REPORT FORMAT ~C '0C) Awdalt [ate,a /~~9 3 TO: Mayor and Members of the City Council CA", //U FROM: Lloyd V. Harrell, City Manager J SUdJF.CT: Consider approval of a resolution authorizing the City Manager to execute an agreement with the North Central Texas Council of Governments (NCTCOG) for a grant to fund a household used oil collection program. I RECOMMENDATION: The solid waste Division staff recommends approval. SUMMARY: The program will involve development of support structure and location of a 500 to 1,000 gallon used oil collection tank on city owned property adjacent to Crawford Street. Promotion, signage, a temporary intern position (176 hours), and vendor collection services are provided for. BACKGROUND: The goal of the program is to reuse/recycle used motor oil from do-it-yourselfers and, thereby, divert the used oil from potential co:._;:;,..,1ation of the environment. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Division and Do•lt•YOUrselfers. FISCAL IMPACT: The grant provides $17,517.00 for the program and no matching , funds are needed. ResgdV. iul?y submitted, to Harrell city manager W1093C/2 Agenda No 3- Apendailem CONSIDER APPROVAL X18 f January 27, 1992 Page 2 ` Pre areal by: Charles Wet ins Superintendent Solid Waste Division Approved byt r R. E. Nelson Executive Director of Utilities 1 r W1093C/3 1:\VP0005\WR1(\PQSE0IL.RES RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL. OF GOVEW.:ENTS FOR A GRANT TO FUND A HOUSEHOLD USED OIL COLLECTION PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has been selected by the North Central Texas Council of Governments to receive a grant to fund a household used oil Collection programs and li WHEREAS, the City acknowledges that it will comply with the reporting requirements of this financial assistance program and the fiscal reimbursement and reporting requirement of the Texas Water j Commission, the State of Texas, and the North Central Council of Governmental and WHEREAS, the funds allocated to the City of Denton through this grant will be used only for the purposes for which they are pro- vided; and WHEREAS, the proposed project is in compliance with and sup- ports the adopted North Central Texas Council of Governments re- gional solid waste management plant NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt SECTION I. Thai. the City Council hereby accepts a grant from the North Central Texas Council of Governments to fund a household used oil collection program. The City !tanager is authorized to execute any agreements necessary to participate in this grant. SECTION II. The City Council certifies the following., I 1. The City will comply with the provisions of the finan- cial assistance program and the fiscal reimbursement and j reporting requirements of the Texas Water Commission, the State of Texas, and the North Central Texas Council of Governmental i 2. The funds granted to the City will be used only for the purposes for which theyiarerbeing providedi and r 3. The proposed project is in compliance with and supports the adopted North Central Texas Council of Governments re- gional solid waste management plan. Apsnda No ,1,3 :_CV Z_ . ltem_~S Agenda U=N -1-11. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this the day of , 1993. r i i E BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS To LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs b } Page 2 ~'u~`~m ~D WORK PROGRAM Acc Applicant Organization: Project Title Amount of tunas applied 011 Collection loc $ 17.517.79 PROJECT WORTHINESS/MERIT--NEED (So Points Maximum) The City of Denton's garage facility is located at the City's Service Center at 901 Texas Stree: and provides oil, tube, and filter services to most of the 640 units in the City's vehicle and equipment inventory. Overall, these units generate approvimately 61000 gallons of used all annually. Currently this used oil is placed by the division's mechanics into two, 250 gallon drum w hich are located on site. The drums are then collected monthly by a used oil genevraendteoover.rThe00City's landfill annually equipment which maintenance collected activities landfill by a used oil vendor. t In addition to the municipality's generation of used oil, Denton's personal vehicle population is estimated to generate over 45,000 gallons of used oil annually. While many Denton citizens will have their oil changed at one of t City's forty service stations, many change their own oil at or near their hom As a result, the City experiences two undesirable consequences$ Household generated used oil Is simply mixed with household solid waste and laodfilled or it is allowed to drain into streets or surrounding soil. In addition to the consequent groundwater contamination and potential endangerment to human health or environment from oil, the City's lack of proper storm water treat- ment may contribure to raw water source contamination with oil. To mitigate these consequences, the City intends to provide a "do It yourself' establishusedaocilnetcolerlection householders. centerialonglCravfo street where vehicles could be parked during the disposal process. The pad's design would incorporate a troth like facility to collect any oil spilled by users. A 500-11000 gallon elevated or skid mounted disposal tank would be located Just inside the fence. A roofed disposal spout would extend from the tank through the fence, Used oil would be poured into this spout by house- holders and the tank would be collected as necessary by a recycling vendor which would provide the tanks free of charge. To publicize the collection center, the City will utilize the local print media through a series of weekly newspaper ads for the first month of operati followed by monthly ads for the remaining eleven months of the year. In addition, the City will publicize the center through the following: Letters to local businesses and industries and, specifically, service stations. Preparation and distribution of brochures to the general public and schools, Placement of ads on the city's own cable television channel as well as the local cable operator's local channel, i Agenda No _ ~Y . Agenda item. 'W . y' -3 WORK PROGRAM RCS t2l( lC anization: Pro)ect Tillo; ton Amount of tuntls applied Used 0!I Collection for.. 517,517.79 { RPROJECT;WORTHINESSIMERIT ••NEFD 150 Points Maxim um) A total of $17,517 is requested to fund this project to be expended as follow An intern to prepare and coordinate the projects ads, brochures, and other promotional materials 51,082.40 (176 hours) 85.39 (fringe benefits) Ads and publications - $6,000.00 500 gallon oil collection spout and support structure - $3,000.00 623 sq. ft. concrete pad with troth - $4,000.00 On site instruction/informational signs and fencing modifications $1,000.00 Vendor collection services - $2,000,00 Due to its simplicity, this project can be fully implemented no later than summer 1993. Development of publications can actually begin upon project approval and contracting by NCTCOO, and site preparation shortly thereafter., February 1, 1993 - Hire intern/develop ad copy March 1, 1993 - Contract with disposal vendor/take delivery on f collection tank. March 15, 1993 - Construct collection tank spout and support struc re/ construct pad site and fencing modifications. April 1, 1993 - Mount site signage and release publications/open site. Annual used oil quantities c ollected at thesite will be measured against estt mated annual Citywide household used oil generation to obtain a diversion percentage. The project hopes to obtain a ten percent diversion rate during its first year of operation. i i CONSISTENCY WITH REGIONAL PLAN GOALS, OBJECTIVES (30 Points Max,mum) AM OR 5J 1e -_.a.._ CITY OF DENTON IJ In accordance with the federal and state waste management hierarchy and the regional solid waste management plan, the used oil collection program will efffocuecst on will reuse/ to re escyctliablngiosh of motor oil ,enerated by the general public. The portion De nton's used oil a fbasis for ultimately diverting a significant n''=nt Pursuant ,om Potential contamI11dcion of the environ- . to this goal, the program's objectives are as follows: i. Promote citizen awareness of Lisa and proper disposal methods, d oil as a potential contaminant 2. Coordinate collection efforts with other Denton used o{1 collecto s, 3. Reduce the amount of used oil in the waste stream, in the r e d t a 4. Reducetheamountofu edoil which is indescriminately disposed of throughout the environment subsequently reducing the coot - inent threat to the environment. at S. Build staff experience and expertise in the automotive products disposal field. 6. Provide a sound basis for an expanded automotive products collects-::; Isposal effort as well as source reduction and reuse/recycling, 1 i I PROJECT MANAUeMENT (20 Points Marlmum) The City of Denton Solid Waste Division is a subdivision of the Community Services Department within the broader Utility D Department emcompasses the City's Motor Pool,Electric,nWaster, Wastewater, Energy Management/public Information Services, and Municipal Laboratory Divisions. As stated previously in our application, the Motor Pool already collects used oil from motor pool vehicles and equipment units for disposal a used oil vendor. This rolleccion effort provides the City with sound experience on which to base our proposed oil collection program. In additto the division's access to the Energy Management and Municipal Laboratory divisions provides the program with expertise in M public information area and envirPnmental and collections stream analysis. The project will be under the primary supervision of the division's super- intendent who has over thirteen years of planning and management experience The superintendent will be assisted by the Community Services Department's Director who has over fourteen years of municipal management experience, the department's administrative assistant with over seventeen ye...j municipal experience, the Water Wastewater Divisions engineering staff, the Municipal { Laboratory manager, and the public inform3tisb manager. Start up efforts and coordination will be the responsibility of an administrative intern who will be hired especially for the program. The intern will report to the superintendent, All coats associated with supervisi public information assistan one and the costs of chemical ens ce will be absorbed by the City, lysie and fUul waeet ,n,eratauon Q6A a. taut •n funOt C' /G5 Rwderl catpories t11 state selia (1) Applicant J t51 NI Other felai waste (.rant in I W ftnairq fwnot Contrttwttant {otrta a. ~rrterrllUtertes { { { f 1,082.40 1. Irlrye Iarflte 85.39 85.39 C. travel 0 0 L uplella llaa thm lim 350.00 350.00 e. ttpnlpeeua few and ewe s 0 E 0 if. euaraetrl 100000.00 10,000.00 1. taeatnetfen 0 0 ~..atw 6.000.00 Ic, AM tatat aims "arm I t f ter a tMV a) 0 1 0 1. Wire" eta a. 10tk1 11th 1 Road 11 t 17e 51 J. 79 1 1 t - -::I, 1. hlrya t•) ill Rota 7.88 Oareant (yrlryo latent Rata at a peasant of Farm- Ifularlaill) Indlrat Carp tote tU 0 1tMel" RAU fine indirect cat tawftllam laA.la) (1) a lpalat able parcant (o) 0 Curfol y AWOvW Approval Ater" t!1 0 ♦revlalanot Appravel Approval henry (t) 0 !.prowl AMAI*d fair 4P (p) triatly twilin lean the Owlal rate Is tatwtale! d literacy i NOr t Cift Tow COtndl of 6oYt)tTlnwt:if P O Draw COG ArkVon, Tom 78005-5888 January 11, 1993 Bill Angelo Director of Community SeMces City of Denton 901-A Taxes Street Denton. TX 7¢'Zg Dear Ak g+7 Congratuladonsl The Resource Conservation Council has selected the following project(s) • Household Used Oil Collection for $17,617 • for funding under the Regional Wid Waste kn to 04 pr&M passthrough program. We sincerely appreciate the effort you took ParUdpoto In ft Intensive and socolorated grant selection process In the past few weeks. We are pleased that you are among the many Ant and Important projects selected for InthPWrmftdm landing In this region In FY93. The Resource Cons v*Wn Council has every your project(s), to learn from the successes or i share these with other intorseted entitles In the DaAas•Fort Wont area. The fiat of recommended local projects has now been forwarded to the Stato for final approval. NCTCOG Words to issue a press roleaeo during the January 2Ath meeting of the Executive Board to announce those projects. The NCTCOG is now vigorously seeking approval from the State to enter Into ountroe- wok you and other follow grant recipients. In order to do so, we are requesting final Intedocal oontrect guidelines from the State which will help us develop the necossary contract documents. While the n fnotiltcation from NCTCOG regarding the contract forms, we would Ilke you to of owkV preparations which will eventually be necessary as part of the contract packep: o Begin to seek authorization from your governing body to enter Into contract with NCTCOG for the funding amount. The State requires the a signed resolution adopted b a city council, or a statement from the executive officer applicant entity, codifying that: ' (a) the appicant will comply with the provisions of the financial assistance program and the fiscal reknbursoment and reporting requirements of the Texas Water Commission, the State of Texas and the No, th Central Taxes Council of Governments. (b) that the kinds will be used only for the purposes for which they are provided, and (c) that the proposed project Is In compliance with aNt supports Urt adopted NOTCOG regional solid waste management plan. o Review the budget form you have already submitted as part of the application package. If tally oonsctions Mod to be made at this ffnno in terms of the breakdown, please do so. Cwftnxird TNV 516,%v Fogs Dwe Onras,ron 1hbrH, MOO 617'8403100 FAX 640 Me Agandalfem~' o Review the work program you have already submitted as part of the application at age note whether it is sufficiently clear in terms of the timeframe, outputs and measure of suss Of the project. if additional clarification Is needed, piease begin to develop the written supplementary material. Please keep all of these items until requested to submit them. You will be shortly contacted by a member of the NCTCOG staff regarding thuse matters and with further Instructions for contras! procedures. H you have any questions, please feet free to call Saadla Mai, Manager of Resource Conservation at (817)640., app, We look forward to working with you over the next few months and wish you a successful yearl !I I Sincerely yours, Clarence Daughh Chairman, Resource Conservation Council Director of Public Works, Collin County (Vote: NCT000 slaty to send additional handwritten specific Instructions for budget and work program revisions H necessary, cc: Projecl Files I I V CITY COUNCIL 12 d •yr0 It. I 1 ODO CITY COUNCIL REFkRT , ISO T0: Mayor and Members of the City Council r , FROM: Lloyd V. Harrell, city Manager DATE: February 6, 1993 SUBJECT: South Lakes Park Grant Resubmittal RECOMMENDATION: It is recommended that the city council appro.e this resolution allowing the Parks and Recreation Department to resubmit a $500,000 matching grant application for Phase I Development at South Lakes Park. I SUMMARY: To maximize existing bond funds and improve basic park facilities at South Lakes Park, the City of Denton upon Council approval will resubmit an application to Texas Parks and Wildlife for a $500,000 matching grant. The City would fund its portion through 1986 Bond Funds. Janet Simpson, Park Planning coordinator, met with Texas Parks and Wildlife staff on January 29, 1993 to review the original grant application (Attachment I), and determine potential changes in the grant in order to receive additional points. The grant application received the maximum possible points for proposing recreation facilities that meet local and regional needs. This means that changing or adding other recreation facilities would not increase the scoring on the application. Two areas were identified for possible revision. These included redistribution of dollars in the tabular summary so that a larger percentage of the funding will go directly to recreational facilities, and proposing some sort of joint-use agreement with the school district. The revised grant application (Attachment II) shows the site preparation dollars associated with recreational facilities reallocated into each facility rather than associated with infrastructure (parking, interior roads, etc.) construction only. The maximum allowed funds were moved into the contingency line item, and contract/consultant fees were reduced slightly. The largest area for point increase, however, will come from a joint-use agreement with the Denton Independent School District. This agreement, still in the discussion stages, will allow DISD to use a designated portion of South Lakes Park as an outdoor education area for ecology, biology , and horticulture studies. In exchange, DISD will assist the Parks and Recreation Department in plant and wildlife identification, and providing information from their studies allowing the City to develop more extensive outdoor education and nature programs, and eventually a published field guide for South Lakes Park users. In the last review, the South Lakes grant application ranked 29th, scoring 79 points, falling two points short of the funding cut-off score of 81. As a result of these revisions, the grant application is expected to score additional points. The deadline for this resubmittal is February 26, 1993. The current review cycle will end on July 31, 1993. y M~ 3 -oo South Lakes Park Grant Resubmittal A" Page - 2 HACKGRO ND: The City of Denton was notified on January 19, 1993 that the grant application submitted on July 31, 1992 for the development of South Lakes Park had not been approved for matching grant funds. There were 55 applications from around the state submitted with 25 receiving funding PROGRAMS DEPART?'ENTS OR GROUPS AFFECTED; Community as well as park users throughout thehCity swill directly benefit from these expanded park facilities. i ! FISC^L IMPACT Additional operation and maintenance costs will be associated with any development at this site, The City will fund its portion of this matching grant through 1986 bond funds. RESPECT L,LYY SU ITTEDt ~V Llo d Harrall City Manager Prepared by; Rich Dlugas Director Parks and Recreation Department Appro edt _ e Het y Mvee Executive Director for Municipal services and Economic Development AJJ00651 , W- Q0q1W { ORIGINAL BUBHITTAL - JULY 31i 1992 VOnda No . e)-~^ ~4+>C~ Jf r, ~~Q~ SOUTH LAXES PARK lAS4 93 ` DENTON, TEXAS Rx TABULAR SUMMARY OF PROJECT ELEMENTS ESTIMATED COST I• &VILCa ion Prscaratioa and 8i of A. Master Site planning 8. Detail Site Planning - After Project Approval C. Cultural Resources Surve -0- D. Flood Study for lake devel(if required) 10/92 -0 II• a 500 C u! itioa at 500 None III• DsveiaalrLe a Plans sad gos i(i 8eoln After Comte proj•:t approval Within 9 months A. BY contract/consultant IV0 1 u q9n 72,500 Benin 4 months after project plan approval Prior to grant expiration A. Site Preparation B. Parking North - 20 spaces 55,000 South - 60 spaces Interior Roads 65,000 C• Utllitirs - electric, water 87,600 and sewer D. Building structure 100000 I. Restroom E. Recreational Facilities 60,000 I. Concrete hike and bike trail, 80 x 1.2$ miles 2. Soft surface hiking trail, 1 mile 4. Two Playground stru-tore I000000 Two picnic pavilions g t 40,000 (one handicap acceisibleeeres each 'x,00(+ 5- Ten picnic unite (Concrete pavilion) 6. Lake (48,400 cubic yards pad, reels, trash, grill) 75,000 7. Fishing pier (300 square , feet)rface acres) 155,000 8. Two tennis courts 3060900 9• Vollayball court 32,000 16 . Multi-purpose basketball court 700000 15,000 F. Miscellaneous 35,000 1- Contingencies 2• Landscaping 3. Program signs 10,000 -IA TOTAL - Z4 41,000,000 AJJ006S3 ATTARQNENT I A9*8 No 9 A UU > ORIGINAL SUBMITTAL - JULY 31, 1992 AQMMMn~~~~ SOUTH LAKES Nis ' & DENTO,TERAS 3~'G ESTIMATED TABULAR SUMMARY OF PROJECT ELEMENTS COST V 1 i. Application Preparation and Site planning A. Master Site Planning -0- B. Detail Site Planning - After Project Approval -0- C. Cultural Resources Survey (if required) 500 D. Flood Study for lake development - Begin 10/92 8,500 11. Land Acquisition None i III. Develop Construction Plans and Specification i Benin Complete After project approval within 9 months A. By contract/consultant 71,500 IV. Undertake Construction Begin complete 4 months after project plan approval Prior to grant expiration A. Site Preparation 55,000 B. Parking North - 20 spaces South - 60 spaces 65,000 Interior Roads 87,600 I C. Utilities - electric, water, and sewer 10,000 D. Building structure 1. Restroom 60,000 E. Recreational Facilities 1. Concrete hike and bike trail, 8' x 1.25 miles 100,000 2. Soft surface hiking trail, 1 mile 40,000 3. Two playground structure 70,000 4. Two picnic pavilions, 8 tables each (one handicap accessible per pavilion) 75,000 5. Ten picnic unite (concrete pad, table, trash, grill) 15,000 6. Lake (48,400 cubic yards, 4 surface acres) 106,900 7. Fishing pler (300 square feet) 32,000 8. Two tennis courts 70,000 9. Volleyball court 15,000 10. Multi-purpose basketball court 35,000 F. Miscellaneous 1. Contingencies 71,000 2. Landscaping 10,000 3. Program Signs - ZA3 . TOTAL $1,000,000 ATTAMCMENT I AJJ00653 1. spends No February 9, 1993 Agerbslw_~ DRAFT Date REVISED GRANT APPLICATION SOUTH LAY.ES PARK ~d DENTON, TEXAS ESTIMATED TABULAR SUMMARY OF PROJECT ELEMENTS COST 1. Application Preparation and Site Planning A. Master Site Planning -0- B. Detail Site Planning - After Project Approval -0- C. Cultural Resources Survey (if required) 500 D. Flood study for lake development - Begin, 10/92 6,500 II. Land Acquisition i None I III. Develop Construction Plans and specifications Begin Complete After project approval Within 9 months A. By contract/consultant 71,500 tv. Undertake Constructioa Begin Complete 4 months after project plan approval Prior to grant expiration A. Site Preparation 10,000 B. Parking North - 20 spaces South - 60 spaces 56,000 Interior Roads 77,500 C. Utilities - electric, water, and sewer 5,000 0. Building structure 1. Restroom 48,000 E. Recreational Facilities 1. Concrete hike and bike trail, 8' x 1.25 miles 110,000 2. Soft surface hiking trail, 1 mile 420000 3. Two playground structures 70,000 4. Two picnic pavilions, 8 tables each (one handicap accessible per pavilion) 84,000 5. Ten picnic units (concrete pad, table, trash, grill) 180000 6. Lake (64,900 cubic yards) 142,300 7. Fishing pier (300 square feet) 35,300 8. Two tennis courts 77,000 9. Volleyball court 17,000 10. Multi-purpose basketball court 38,000 F. Miscellaneous 1. Contingencies 80,000 2. Landscaping 9,900 3. Program Signs _ 11000 TOTAL $10000,000 ATTACHMENT II AJJ00653 oAACS.AES AgWa No aaendaatem!~S '~_f~f~ _ RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS DESIGNATING CERTAIN OFFI- CIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT FOR THE PUxPUSE OF PARTICIPATING IN THE GRANT PROGRAMS; CERTIFYING THAT THE CITY IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAMS; AND DEDICATING THE PROPOSED SITE FOR OUTDOOR RECREATION USES; AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, the United States Congress has passed the Land & Water Conservation Fund Act of 1965 (Public Law 88-578) for outdoor recreation purposes; and WHEREAS, the Texas Legislature has approved the Parks & Wild- life Code, Section 13.309 authorizing the state of Texas, and its political subdivisions, to participate: in the federal program established under said Public Law 88-578; and WHEREAS, the Texas Legislature has approved the Parks & Wild- life Code, Section 24.005 for the purpose of allowing the political subdivisions of the State of Texas to participate in the Texas Lo- cal Parks, Recreation & Open Space Fund; and WHEREAS, the City of Denton is fully eligible to receive as- sistance under these programs; and WHEREAS, the City of Denton is desirous of authorizing an of- ficial to represent and act for the city in dealing with the Texas Parks & Wildlife Department concerning these Programs; NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION That the City of Denton hereby certifies that it is eligible to receive assistance under the Programs described in th preamble of this resolution. SECTION II That the City Council hereby authorizes and di- rects its City Manager to act for the City in dealing with the Department for the purpose of these programs, and the City Manager is hereby officially designated as the representative in this re- gard. SECTION III. That the City hereby specifically authorizes the official to make application to the Department concerning the site to be known as South Lakes Park in the City of Denton for use as a park site. It is the intent of the City Council to dedicate South Lakes Park for public outdoor recreation purposes in perpetuity. Agenda No _ 93 -Do7 Agenda 119nt r~ 5 I SECTION IV That this resolution shall take effect immediate- { ly from and after its passage. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i i I J J i 1 J Page 2 ~I , I T :t COUNCIL It t r t t r: ~s s i ~~~p0000 c . ~ 3: a c a e ~ ~QO GM I TIM:: 1111 m 1 ti Ape 6 No -3' f0: May'ur and Members of t_he city Council Ap@AdaI FROM: Lloyd V. Itarrell, city Msrragcr o" UA'I'F:: F'ebnrary 9, 1993 SUrfUl;i"I': tiAhlhlvlJti i^pM IUFJFCA'I'IOrJS 1'ROP)SED BASIC SERVICFI 'I,rp:R r REIS'1'kl1C'i'UBIPJI~ RF,CONMF:NHAT I ON: The Cable 'YiAuViSion Advisory Jtoard Cunsidered this maLter at its meet.in"Is of January 25, 1993, and February a, ]993, and rec oRniends approval of the J,)tLement_. SUM14ARY/BACKGROUND AS discussed with the Council at the February 9, 1993, meeting, the Cable Television Consumer Protection and Competition Act of 1992 has created a situation in which the restructuring of basic cable service will become a reality in the near future. Additionally, the reregulaLion of basic service rates by local authorities will be allowed through a certification and authorization process administered through the Federal Communication Commission (FCC). Given the status of the system rebuild which Sammons Communications has undertaken, the restructuring of service levels at this time will require some 5,400 customers to utilize converter boxes in order to receive the same level of service currently received. In order Lo avoid this inconvenience to the cable customers, the City staff and Sammons has developed an agreement which would delay the restructuring until the rebuild is completed. Under this agree- ment., neither party will forfeit any future rights for restructur- ing nr rate regulation. PROC;RAMS/UP:1'AR'i'MF'tu'1'S OR GROUPS AFFECTED: Cable CUSLomets, SaOQ➢Ons COITUOUnicaLiOns, Cit.y of F1Cnton. I893C/1 I I ugendtNo 9 -oa y _ agendal*L e,6 ,77C SAMMUNS CUh[h1UIJ [CATIONS we--d -I'VJ_ February 1993 ['aye 7. VISM IMIOCT: lludetenriincd ut. t.his t-imc. RcapeCL[ully submitted, II / 'F 11 ;yd V. Itarrell City Manager [rill A n777hF o Director of Coununity Services Af P ed by: / R. E. Nelson Executive Director of Utilities 14 ALLac[NienLs: kesolW.ioll V Proposed Agreement f 18930/2, Acer4a No __,rD 7 e11'r . i EXHIBIT A AGREEMENT WIWRE AS, the City of Denton, Texas has granLed Lo Sammons WD;unications, Ino. a cable Leleaision franchise to operate .3 cable Lelevision system within the CiLy; and WEII?k[,:AS, CUnrII Ss has On.1Ct.ed the Consumer Protection and Coni(,I iIion Acl, of 1991; and h911,ft1;r15, the Cr,mpany is currenLly in the procoss of a rebuild and upp ade of the (nahle television system and reF a ucturinq its service: tiers to u(mil)II, with the intent of the 1992 Act; and 'nITREAS, the Oty and the! Company wotlid like t_o delay the resYtunLurirnl cif Lho cable t.ulevision servicu tiers until Such time as We rebuild and the upgrade have been cumhLcLud; and WHRREAS, it. i; in the best interest of the City Lo permit Sammons to restructure its cable offerings after the completion of the rebuild and upgrade; NOW, THEREFORE, in consideration of Lhese premises and the agreements contained herein, the parties hereby agree as follows: 1. The Lernt of Lhis Agreement shall be for a period begin- ning on Lhe date this Agreement is accepted and ratified by the CiLy Council of the City of Denton through the date sixty (60) days after the Company gives noLiCe to the City that the company has completed the upgrade and rebuild of its cable television system. The Lerm of this Agreement shall not exceed one (1) year. 2. During the term of this Agreement, the City shall not file with We FCC for certification to regulate rates charged for cable service in the CiLy of Denton. In the evenk that. federal reolulations preclude the City's ability ro delay or prejudices the City's ability to file for certification A& the FCC to regulate rates in the future, We City, will be allowed to file for such ccrlflication under the following terms: The Pity agrees to allow SORlltrons to restructure its basic service level into the LIFELINE and SPECTRUM PLUS tier st.rucLutes as described in Appendix A of Lois Ig rUCTIU Iit. A1f19.1C/1 ti }~pd! No O ~~A~6t+daKefn~ ' ~ ~ C Furthermore, the City agrees not to challenge jh current rate charged by sanunons for the service level identified currently as "basic,, service for the I crm of this agreement. i. Irur it[,) I IIE! term of this Agrcetacnt, the Company shill delay 1.110 sc1014blinrl of the level of service currently idenl.ificd as "basic." The parties auknuwledge that upon complel_iorr of the rebuild, the current "basic" service r tier sha11 lie restructured MW "lifeline" and "tier" level of services. The City agrees that the Company shill he entitled to rearrange services from one service tier to anul..hur notwithstanding the fact that any such t.icu Md'j ho sebject to rc_Elulal-ion under applicable law. 6. Diiriny thu furor of this Argreement., the Company Shall give L11c2 City thirty (.70) days written notice of arty Iear'- Idn11CITu,nt. Of service 1) et.weert sc,ivice tiers or the { as1-abli5lime1i1` of airy new service tier. During the torn Of this Agreement, the Company agrees it will riot increase the rate charged for the level of service currently identified as "basic." This Agreement. is executed by the parties hereto on the - day of _ 1993. .ATTEST: CITY OF UENTON ATTEST: SAMMONS COMMUNICATIONS, INC. Secretary C,oary Stills Vice President AC tachmc:nl Al,Jwnd i x A A1093C/l W, -4"qv l L APPENDIX A SAMMONS COMMUNICATIONS BASIC CHANNEL LINEUP QRRENT PROPOSED Ll FELINE 2 KDTN-PBS 2 2 KDTN-PBS 2 3 ESPII 4 KUFW•CBS 4 KUFW • KHs' 5 KXAS -CHS 5 KXAS - NBc', 8 WFAA - ABC; 6 The Family Channel 11 K'PV'I'-IND 7 USA Net,wufK 12 PreVUe. Channe] 8 WF'AA - ABi' 13 KERA-PBS 9 TNT 18 KX`IX - IND le Headline NewS 19 WGN 11 KTVT-INN 20 UNT Access 12 Prevue channel 21 KTXA-IND 13 KERA•PBS 22 K0FI-1ND 14 Discovery 23 KUVN-Univision 15 CNN 24 KDAF-FOX 18 KXTX-IND 25 Local Origination 6 Public Access 19 WGN 30 'I'BS 20 UNP Access 31 C•SPAN (house of Representatives) 21 KTXA•IND 39 The Box 22 KDFI-IND 58 TBN•Trinity Broadcasting 23 KUVN•Univision 98 CVS Barker Channel 24 KDAF-FOX 2S Local Origination 6 Public Access SPECTRUM PLUS TIER 29 CNBC 3 ESPN 30 TBS 6 The Family Channel 31 C-SPAN (House of Representatives) 7 USA Network 36 QVC 9 TNT 37 NOAA Radar 10 Headline News 39 The Box 14 Discovery 45 The Weather Channel 15 CNN 58 TBN-Trinity Bruadcasl.iny 26 HSE 98 CVS Barker Channel 29 CNBC 36 QVC. 37 NOAA Radar 38 The Weather Channel i 1993" -w-7 f:AWDOC S\WRIf\SA7r10M5.5E5 Agenda item_..L' RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAMMONS COMMUNICATIONS, INC., TO DELAY THE RESTRUCTURING OF THE CABLE TELEVISION SERVICE UNTIL SUCH TIME AS SAMMONS COMMUNI- CATIONS, INC. HAS REBUILT AND UPGRADED ITS CABLE TELEVISION SERVICE SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has granted to Sammons Com- munications, Inc. a franchise to operate a cable television system within the City; and WHEREAS, United States Congress has enacted the Cable Tele- vision Consur Protection and Competition Act of 1992; and WHEREAS, Sammons Communications, Inc. is currently in the pro- cess of rebuilding and upgrading its cable television system and restructuring its service tiers to comply with the 1992 Act; and WHEREAS, the City and Sammons Communication, Inc. desire to de- lay the restructuring of the cable television service tiers until such time as the process of rebuilding and upgrading of the present system has been completed; end WHEREAS, the City wishes to assist Sammons Communications, Inc. to restructure its cable service after the completion of the re- building and upgrading process in order to avoid the need for the use of converter boxes by all subscribers of cable services with the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council hereby authorizes the City Manager to execute an agreement with Sammons Communications, Inc. to provide for the delay in implementation of provisions of the Cable Television Consumer Protection and Competition Act of 1992, a copy of said agreement is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall take effect immediately from and after its passage. ' PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR AcrdaNo _ Z-1 :fem... Agentaltem_ h we_-- ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY' Q'ClCfl1 -J Page 2 AGREEMENT WHEREAS, the City of Denton, Texas has granted to Sammons Communications, Inc. a franchise to operate a cable television system within the City; and TeleWHsEREAiS, the Cosumer United and Congress Protetin States Competiion Act enacted l92e andle WHEREAS, Sammons Communications, Inc. is currently in the pro- cess of rebuilding and upgrading its cable television system and restructuring its service to comply with the 1992 Act; and I WHEREAS, the City and Sammons Communications, Inc. desire to delay the restructuring of cable television service until such time as the rebuilding and upgrading of the present system has been completed; NOW, THEREFORE, in consideration of these prebises and the agreements contained herein, the parties hereby agree as follows: Section i Term of AareempjLt The term of this Agreement shall be for a period beginning on the date this Agreement is passed and approved by the City Council of the City of Denton and extend through a date sixty (60) days after Sammons Communications, Inc. gives notice to the City that it has completed the rebuilding and upgrading of its cable television system, or February , 1994, whichever occurs first. Sect_fon 11 4kliaations of Circe a. During the term of this Agreement, the city shall not file with the Federal Communications Commission (FCC) for certification to regulate rates charged for cable service in the City of Denton except as provided in Section 11.2, b. In the event any federal regulations preclude the City's ability to agree to the delay of restructuring of cable service as provided herein or prejudice the City's ability to file for certi- fication with the FCC to regulate rates in the future, the City will be released from the terms of this Agreement and may file for such certification under the following terms: i ~CAhdiNe -<l,' C07 Agenda IfarL NIB 1. The City shall allow Sammons Communications, l inc. to restructure the present basic service level into the LIFELINE and SPECTRUM PLUS tier structures as described in Appendix A of this Agreement. 2. The City agrees not to challenge the rate of $16.80 per month which is charged by Sammons Com- munications, Inc. for the service level identified as basic service for the termuofethis Agreement. G ~ I section T'.T j 91liaationrt of Sammons CoMMunicatig Inc, a. During the term of this Agreement, Sammons Communications, Inc. shall delay the scrambling of the level of service currently identified as basic service, The City and Sammons Communications, Inc, acknowledge that upon completion of the rebuilding process, the current basic service tier shall be restructured into levels of service to be known as LIFELINE and TIER levels of,service. The City agrees that Sammons Communications, Inc. shall be entitled to rearrange services from one service tier to another notwithstanding the fact that any such tier may be subject to regulation under applicable laws, b. During the term of this Agreement, Sammons Communications, Inc. agrees it will not increase the rate charged for the level of service which is currently identified as basic service. e. Sammons Communications, Inc. agrees to use its best efforts to complete its rebuilding and upgrading program prior to the expiration of this Agreement. Section rv. Not___ i~e~ During the term of this Agreement, Sammons Communications, Inc. anylrearrangementtofoservicenbethirt tween servicedays tierswritten the notice estab- lishment of any new service tier. Any notices provided for in this agreement shall be sent, U.S. mail, postage paid to the following address: City of Denton Sammons Communication, Inc. Attention: City Manager 215 E. McKinney Street Attn: Gary Sills 205 Denton, Texas 76201 Den Industrial Denton, Texas 76201 Page 2 I I A90daNo.~/9 ~ ` This Agreement is executed by the parties hereto on the l/ day of , 1993. CITY OF DENTON f h By: Lloyd Harrell, City Manager SAMMONS COMMUNICATIONS, INC. By: Gary Sills, Vice President f,\uvoaSWOR MAAMS.FOR Page 3 I 1 AdeldJ ItjM_ APPENDIX A SAMMONS COMMtJtJICATIO',S BASIC CHANNEL LINEUP CURkF;fJT PROPOSED LIFELINE 2 KESfN D'I'N-PBS 2 2 KDTN P8S 2 3 4 KDFW DFw • cBS 4 KDFW•CBS 5 KXAS•TJBC 5 KXAS•CBS j 6 The Family Channel 8 WFAA•ABC 7 USA TJetti ork 11 KTVT-IND 8 WFAA-ABC 12 Prevue Channel 9 TNT 13 KERA-PBS 10 Headline flews 18 KXTX-IND 11 KTVT - IND 19 WGN 12 Prevue Channel 20 UNT Access 13 KERA-PBS 21 KTXA IND 14 Discovery 22 KDFI-IND 15 CNN 23 KUVN-Univision 18 KXTX-IND 24 KDAF•FOX 19 WGN 25 Local Origination d Public Access 20 UNT Access 30 TBS 21 KTXA-IND 31 C•SPA14 (House of Representatives) 22 KDFI-IND 39 The Box 23 KUVN-Univision 58 TBN•Trinity Broadcasting 24 KDAF-FOX 98 CVS Barker Channel 25 Local Origination Public Access SPECTRUM PLUS TIER 29 CNBC 3 ESPN 30 TBS 6 The Family Channel 31 C-SPAN (House of Representatives) 7 36 QVC USA Network 37 The Radar 9 TNT 39 The 10 Headline News Box 14 Discovery 45 The Weather Channel 15 CNN 58 TBN•Trinity Broadcasting 26 HSE 98 CVS Barker Channel 29 CNBC 36 QVC 37 NOAA Radar 38 The Weather Channel 1993C ti ++{+r rrrr ~ j 191;fez .T rCOUNCII a .;r••~1 rr. r .r .ut r f as ° O$j d o O " T pQVJ TUTM OQ~ OG4~ 001da No -Gbh Ae IWL-,o 1...) DATE : ruar 1 1993 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUBJECTS Consider approval of a resolution suspending T. U. Electric's proposed 15.3% rate increase. RECOMMENDATION: The Staff recommend approval of the resolution suspending T. U. Electric's proposed 15.3% rate increase. SUMMARY: On January 22, 1993, TU Electric filed a "Petition and Statement of Intent" to increase electric rates to TU Electric's Denton customers, effective February 26, 1993. TU Electric estimates the increase will be 15.3%. Denton has four options in this matter: 1) Denton can approve the implementation of the rate increase effective February 26, 1993 as TU Electric has requested. 2) Denton can deny the implementation of the rate increase. 3) Denton can relinquish "original jurisdiction" over the rates to the Public Utility Commission. (PUC) 4) Denton can suspend the implementation of the rate increase pending the Public Utility Commission's action. The staff recommends that Denton "Suspend" the rates. This is the same action Denton took in 1990 when TU Electric last increased rates. This action will allow the PUC to proceed with it's review and when the PUC renders it's ruling, Denton will need to take action approving the PUC recommended rates. TU Electric has advised they would appeal either the approval or denial of the rates to the PUC so as to allow the PUC to determine the rate and set the same rate for customers in the TU Electric service area. Denton has, in the past, preferred not to relinquish "original jurisdiction" to the PUC and the staff would again recommend against this. i Apenlfakfertt •).5 fits ~ 3 iI TU Electric has not committed whether they will post bond and implement the rate anyway, however they did chose to do so in 1 1990. BACKGROUND: { 1 TU Electric serves 700 customers in Denton In dual certification areas. These areas are primarily Ranch Estates in the Western area of the City, Denton West Mobil Home Park located at Teasley Lane and Ryan Road in the Southern area of the City and Vacation Village Mobil Home Park and Royal Oaks Wheel Estates and surrounding areas in the eastern area of the I City. The Ranch Estates area was being served by TU Electric prior to creation of the Pubic Utility Commission in 1975 and the subsequent establishment in 1976 of the Certificate of Convenience and Necessity (CCN) areas wherein specified areas of service were granted to Denton or TU Electric. The areas to the South and East were outside of Denton's city limits and were given dual certification at that time. Denton has subsequently annexed those areas. In 1985 Denton franchised TU Electric in order to receive a 38 gross receipts Franchise Fee. TU Electric's gross sales in Denton was $1,161,216 for the franchise year August '91 to July 192 and Denton received franchise fee revenue of $34,836.48. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: N/A FISCAL IMPACT: N/A Suspension of the rate increase will delay implementation of any rate increase until after the PUC takes action. If the PUC ultimately grants 758 of the rate increase (i.e., 11.51); L this action will save Denton's TU customers approximately $11,000/month and delay the 38 Franchise fee and 11 sales tax fee receipts to the City (approximately $440/month) until after the PUC takes action. RESPECT LLY SUBMITTED: L1o d V. Harrell City Manager Prepared by• _LKr R. E. Nelson, Executive Director Department of Utilities EXHIBIT I - TU Electric Coverletter of 1/22/93 EXHIBIT ii- TU Electric Petition and Statement of Intent EXHIBIT III-RESOLUTION fllELECTRIC l~mef N, Lovrd~5 January 22, 1997 r City of'Denton 215 East McKinney Denton, Texas 76201 I Attached for filing please find a Petition and Statement of Intent of Texas Utilities Electric Company (TU Electric). This rate request is identical to those being filed today with other regulatory authorities and affects all customers served by TU Electric. Also, transmitted with this letter as part of this filing is a Rate Filing Package containing the testimony and data upon which the proposed rates are based. The entire Rate Filing Package consists of twenty-five (25) volumes and contains a copy of TU Electric's Petition and Statement of intent before the Public Utility Commission of Texas for your information. Should you have any questions concerning the rate filing, please give me a call. Very truly ours, ~amea M. L, veda 7Y Receipt Acknowledged Hy: I Ti e: Date: 7j r P, O. Box 998 We De]lu, Tun 75065 4genUaNo .~I -~o Agenda Iten~~1f',l7 GOVERN BEFORE THE rb Ie- :•-24 /:LeILL ING BODY OF THE CITY OF DENTON REt APPLICATION OF TEXAS S UTILITIES ELECTRIC COMPANY S DOCKET NO. FOR AUTHORITY TO CHANGE RATES S PETITION Nn STATEMENT OF INTENT TO THE HONORABLE GOVERNING BODY OF SAID CITY' COMES NOW Texas Utilities Electric Company ("TU Electric"), a corporation organized and existing under the laws of the State of + Texas and a public utility as that term is defined in the Public Utility Regulatory Act, Article 1446c, V.A.T.S. (the "PURA") and files this its Petition and Statement of Intent, respectfully showing unto this Honorable Governing Body the following: 1. TU Electric's last rate increase, in Public Utility Commission of Texas (the "Commission") Docket No. 9300, was based upon costs incurred during an adjusted test year ended June 30, 1989. Since that time, TU Electric has undertaken bold initiatives to reduce coati and improve efficiencies while maintaining its tradition of providing a high quality of service to its customers. With one notable exception, the beneficial impacts of these cost reduction and efficiency improvements are embedded in the test-year data and, therefore, are automatically reflected in the cost of service 1 underlying the rates requested herein. The one exception is TU Electric's Competitive Action Plan, an aggressive and far-reaching cost reduction and efficiency improvement program that will reshape many aspects of TU Electric's operations. While none of the PETITION l11PD BTATByo~*; Or .n, 3a - Page 1 AAcrdaNa ltem Agenda savings resulting from the Competitive Action Plan occurred durin.~_e the test year, TU Electric proposes a negative adjustment to the L/ test-year cost of service in the sum of $101 million to reflect the net savings that it expects to realize as a result of the Competitive Action Plan. Savings in costs from TU Electric's fuel- supplying affiliates that are expected to result from the Competitive Action Plan are also reflected in the proposed fuel factore. These cost reduction and efficiency improvement efforts have kept the amount of rate relief required to a minimum level that will avoid undue hardships on the customers, keep TU Electric a competitive, low-cost provider of electric service, and, over time, provide for the restoration of its financial integrity necessary to , assure the continuance of a reliable supply of reasonably priced electricity. The rate relief sought herein is required principally because of the need to include in rates the costs associated with the commercial operation of Unit 2 of the Comanche Peak Steam Electric Station and the investment made after June 70, 1989, in Unit 1 of the Comanche Peak Steam Electric Station {the majority of the investment in both such Units having already been found by the Commission to have been prudently incurred}, the need to include in I rates the substant-;al increases in state and local ad valorem taxes enacted since the current rates were set, and the need to include in rates the costs associated with certain post-retirement benefits due to mandatory accounting changes. The rate increase sought hereby is the minimum rate relief required to maintain TU Electric's financial integrity and to PETITION 11IPD BTATExLNT of 2NT NT - Page 2 agenda No AgOdalteai permit it to attract the capital necessary for it too nti ue( fulfill its public service obligations of providing reliable`" electric service to its customers at reasonable costs. Moreover, the rate increase sought hereby is the minimum rate relief required to permit TU Electric a reasonable opportunity to earn a reasonable return on its invested capital used and useful in rendering service to the public over and above its reasonable and necessary operating expenses. TU Electric, in accordance with the Commission's Substantive Rule 23.23(b) (2), is requesting final reconciliation of its fuel costs and fuel revenues during the period July 1, 1989, through June 30, 1992. Those fuel costs were reasonable and necessary, and resulted from TU Electric's efficient generation of electricity and ' its maintaining effective cost controls. Additionally and in , accordance with that Substantive Rule, TU Electric is requesting that revised fuel factors be authorized reflecting TU Electric's known or reasonably predictable fuel costs and kilowatthour sales for the period from July 1993 through June 2994. II. This Honorable Governing Body has jurisdiction over TU Electric and the subject matter of this Petition and Statement of Intent by virtue of Section 17(a) of the PURA. III. In keeping with the provisions of Section 43(a) of the PURA and in order to assure the timely availability of the needed rate relief in the event that this Honorable Governing Body suspends the proposed effective date of the proposed rates, TU Electric proposes PFiTITION AND eTl►Ttx~*- page 3 ~6en6allem_~'S that the proposed change in rates be effective on February 26,'~X~ 1993, l/ IV. The proposed revised tariffs and schedules are set forth i:i Volume XI of this filing and statements specifying in detail each i proposed change are set forth in Volume XXV of this filing. V. I i The proposed changes are expected to increase TU Electric's fully adjusted test-year operating revenues 15.32%, or $760,253,740, which includes the effect of the proposed reduced fu61 factors. The test year upon which this Petition and Statement of Intent is based is the twelve-month period beginning July 1, 1991, and ending June 30, 1992. VI. All of TU ElectricPs customers and classes of customers in all areas over which this Honorable Governing Body exercises original jurisdiction will be affected by the proposed changes. VII. Attached and made a part hereof for all purposes, in twenty- five (25) volumes, numbered I through XXV, is a complete rate filing package setting forth such other information required by the Commission, including testimony supporting the proposed changes in TU Electric's rates, TU Electric is also filing with the commission four (4) volumes, numbered I through IV, of non- voluminous workpapers associated with the rate filing package schedules as required by the Commission's rate filing package instructions. Those workpapers will be supplied to this Honorable PETITION ly,TATEMENT OF INTr.►?T j - cage 4 ay9rdaFlo w - AgAndallerr~~'S~M_ Governing Body on request. Workpapers associated with the rafe filing package schedules that are voluminous are at an Austin Voluminous Room located at 3307 Northland, Suite 320, Austin, Texas ~ 78731, or, if they qualify for such treatment under the Commission's rate filing package instructions, at their normal repository. VIII. Virtually identical Petitions and Statements of Intent (together with al:. pertinent information filed herewith) are being filed with the Commission and with the appropriate officer of each municipality that exercises original jurisdictio.-% over TU Electric's rates, operations and services. IX. The business and mailing address of TU Electric is: Texas Utilities Electric Company 2001 Bryan Street Dallas, Dallas County, Texas 75201 TU Electric's business telephone number, including area code, (214) 812-4600 TU Electric's authorized representatives are: Ronald D. Keeney Director of Regulatory Services Texas Utilities Electric Company 2001 Bryan Street, Suite 2100 Dallas, Dallas County, Texas 75201 (214) 812-2778 and QCTITION AND BTATENENT OF 2~ - page 5 Aoaid&No AgandaII Robert A. Wooldridge J. Dan Bohannan Robert M. Fillmore Worsham, Forsythe, Sampels 6 Wooldridge 2001 Bryan Street, Suite 3200 Dallas, Dallas County, Texas 75201 (214) 979-3000 1 General inquiries concerning this Petition and Statement of Intent should be directed to Mr. Keeney at the above-stated address and r telephone, or to the management of TU Electric's local office serving this municipality. All pleadings, motions, orders and other documents filed in this proceeding should be served upon Mr. Wooldridge at the above-stated address. WHEREFORE, PREMISES CONSIDERED, TU Electric respectfully prays this Honorable Governing Body to approve and authorize the changes in its rates proposed herein and to grant and award such other and further relief to which TU Electric may be justly entitled, Respectfully submitted, WORSHAM$ FORSYTHE, SAMPELS & WOOLDRIDGE Robert A. Wooldridge State Bar No. 21984000 J. Dan Bohannan State Bar No. 02563000 Robert M. Fillmore State Bar No. 06997320 2001 Bryan Street, Suite 3200 Dallas, Texas 75201 Telephones (214) 979-3000 By: , _ - Robert A. Wooldridge ATTORNEYS FOR TEXAS UTILITIES ELECTRIC COMPANY UIITION AND STATEHENT OF INTENT - rage 6 C4 \4!I bOC3\ RES'J\ELECRATE . RES mpantlalfam,--(2,~ ~~~7 RESOLUTION NO. A }ESOLUTION OF THE CITY OF DENTON, TEXAS SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES AND SERVICE REG- ULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; PROVIDING FOR NOTICE HEREOF TO SAID COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DA'L'E. WHEREAS, Texas Utilities Company heretofore, on January 22, 1993, filed with the City Council of the City of Denton, its Petition and Statement of Intent, toy-other with its rate filing package, proposing to change its rate schedules and service reg- ulations within the City of Denton, Texas, effective on February 26, 1993; and WHEREAS, in order to allow sufficient time for the consider- ation of the voluminous data filed by said company, it is the desire of the City Council of the City of Denton to suspend, pur- surnt to Section 43(d) of the Public Utility Regulatory Act, the proposed effective date of said proposed changed rate schedules and service regulations for a period of 90 days from February 26, 1993; NOW THEREFORE, THE COUNCIL OF THE CITY OF fENTON HEREBY RESOLVES: SECTION I. In order to allow the City sufficient time to ana- lyze and prepare for hearing Lnd decision on the requested rate, the effective date of the proposed changed rate schedules and ser- vice regulations of Texas Utilities Electric Company is hereby sus- pended for a period of 90 days from February 26, 1993, or until midnight, May 26, 1993. SECTION 31. That the rate schedules and service regulations of Texas Utilities Electric Company within the City of Denton, Texas in effect on January 22, 1993, shall continue in force during the period of suspension as provided in Section I herein. ' S_ _ ON III. That It is the present intent of the Governing Body of this municipality to accept the same rate schedules and service regulations of Texas Utilities Electric Company approved and set by the Public Utility Commission of Texas pursuant to the Petition and Statement of Intent filed by Texas Utilities Electric Company with the Public Utility Commission of Texas on January 16, 1990, to be effective from and after the date that the Public Utility Commission of Texas orders said new rate schedules and service regulations effective for Texas Utilities Electric Company. SECTION TV. That the City Secretary in hereby directed to de- liver a copy of this resolution to Texas Utilities Electric Company promptly after the passage hereof. Agenda No Agendalte)-A~L Cite a~l.~~.~ SECTION V, That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public and that public notice of the time, place and purpose of said meeting was given, all as required by law, ,ACTION VI. That this resolution shall take offect immediately from and after its passage. PASSED AND APPROVED this the day of , 1993. I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYi APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY BY: PAGE 2 ;C I T Y~ If~x' t k=~ COUNCIL SS # Itt ~ ..c~?..:: Sf+. ~r r t r•{ ~r i i e 4' N o a t a s IM: TM: s TIT r° t+ppv .171 t t ~ Zr -.4-1411W i Ada Na page DATE: Febrty 1 , 1993 1 CITY COUNCIL REPORT EDEM TO: Mayor and Members of the City Council i FROM, Lloyd V. Harrell, City Manager SUBJECT: PROPOSED ANNEXATION OF 3.85 ACRES LOCATED EAST OF THE I- 35 AND SOUTH OF MILAM ROAD. (A-61) RECOMMENDATION: Staff recommends the adoption of the proposed annexation schedule setting the date, time and lace for public hearings. SUMMARY: The City proposes to initiate annexation proceedings with regard to a tract of 3.85 acres located east of the I-35 and south of Milam Road and being part of lot 1 Block 1, Loves Country Storee Addition. Lot 1 Block 1 comprise a total of 5.13 acres of which 1.27 a,;res abutting the servica road is located in the city limits. The existing development on this tract straddles the city limits line. The owners who currently/ pay city taxes, have petitioned the city for zoning and platting of the tract so as to renovate and expand the existing development. The annexation of the adjoining 3.85 acres will place all existing and proposed developments and all of lot 1 block 1 within the city limits. The annexation schedule attached, complies with the requirements of the Local Government code and the city Charter. State law requires the City Council to hold two public hearings and a first and second reading of the annexation ordinance. The first and second reading scheduled for April 6, and May 18, 1993 requires the affirmative vote of at least six council members. BAVKGROUNR: The owners of Loves Country Store propose to renovate and expand the existing restaurant and gas station on the site. Part of the site abutting the service road is located in the city limits. Platting and zoning of thn tract is currently in progress. i I 1 ager~da~la ~ 4C Agodaltem di 4Y 'el PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Staff will prepare a Service Plan scheduling basic city services to be provided to the site. The Service Plan will be available for the first public hearing. FISCAL IMpACN/A Reapeft fully subm tted: Prepared by: Lloyd V. Har ell t+atIO.A~ N City Manager Harry W. Persaud, AICP Senior Planner Aplp oved: Frank obbins, ICP Executive Director Planning and Development Attachment N1. Locatijn Map Attachment 42. Annexation Schedule I AWN No ATTACHMENT 1 Agenda1jem__-Xj,5~ a Love's Country Stores, Block 1 Lot 1 rste_ NORTH I ~ I - I I a~ a o U ~I I r I M I JI+ !•.M.3163 MILAN ~ J I~ PORTION TO BE ANNEXED PORTION WITHIN CITY I' I I r y Date: 2/5/93 Scale: NONE I Agenda No _ -.~_4 y ATTACHMENT NT 2 Agrndafte D~Ie N FX TION HEr"i A-61 1~~ February 16, 1993 City COU"cil sets data, time and place for public hearings. February 19, 1993 Notice published in Denton Record Chronicle for first public hearing, Service plan is prepared. f r March 2, 1993 City council holds first public hearing, f March 5, 1993 Notice Published in Denton Record Chronicle for second public hearing. March 16, 1993 City Council holds second ~ public herring. March 24, 1993 Planning and Zoning Commission makes recommendation. April 6, 1993 City Council institutes annexation, First Reading of Annexation Ordinance. Requires affirmative vote of at least six council members, ' April 9, 1992 Publication of Annexation Ordinance in Denton Record Chronicle, May 18, 1992 Final Action by City Council. Second reading and adoption of the Annexation Ordinance. Requires affirmative vote of at least six coun,;il members. I I III 1