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HomeMy WebLinkAbout05-18-1993 I 1 I I CITY COUNCIL AGENDA PACHET t MAY 18, 1993 I I Ag tHo.J3---L/L- AGENDA U31t CITY OF DENTON CITY COUNCIL A "t May 18, 1993 l/ Work Session of the City of Denton City Council on Tuesday, May le, 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 mny also be considered as part of the Agenda for the Regular Session. r 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 Lowery v. Ct~ of D~rtton. 2. Consider action in Gamble v. cl~y_,_n,L o to B. Real Estate Under Sec. 2(f), Art 6252-17 V.A.T.S. C. Personnel/Boird Appointments Under Sec. 2(g), Art.. 6252-17 V.A.T.S. 2. Receive a report and hold a discussion regarding a study of the City's Animal Control ordinances and give staff direction. 3. Receive an update and hold a discussion regarding the request from the Town of Copper Canyon to annex a portion of Denton's ETJ and give staff direction. 4. Receive a report and hold a discussion regarding construction of a road from Bonnie Brae Street to a new parking lot for the North Lakes Sports complex and give staff direction. Regular Meeting of the City of Denton City Council on Tuesday, May 180 1993 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the Special Call Session of April 13, 1993, and the Regular Session of April 27, 1993. 3. Consider a request from Jostens for special permission to perform construction work from 5/5/93 - 5/21/93 Monday through Saturday from 7:00 p.m. - 5:00 a.m. Agenda No. 9L 2/6 Agendaftem.,,.__,-- Dais City of Denton City Council Agenda oZ~ May 18, 1993 Page 2 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance with regard to the annexation of 3.85 acres located east of I-35 and south of Milam Road. A-61 (The Planning and Zoning Commission recommends approval 7-0.) B. Hold a public hearing and consider adoption of an ordinance rezoning 5.1312 acres from an Agriculture Zoning District and Commercial conditioned to a Commercial Zoning District, with certain conditions. The tract is located on the southeast corner of Milam Road (FM 3163) and Interstate 35, Z93-006 (The Planning and i Zoning Commission recommends approval 7-0.) 5. Consent Agenda Each of these items is recommended by the Staff and arova 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 Orlinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 6.A, 6.B, 6.C). 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 hall be removed and be considered before approval of the Consent s Agenda. A. Bids and Purchase orders: 1. Bid 01479 - Brush Chipper 2. Bid 11488 - Roll-Off Refusc Containers 3. Bid 11490 - Irrigation Materials and controls 4. bid 11496 - Distribution Transformers 5. Bid 11500 - Insulated Power Cable 6. Bid 01483 - Mozingo Street 8" Water Lin-3 and 8" Sewer Line 7. Bid 01484 - McCormick Street Sanitary Sewer 8. P.O. 134357 - Triad On-Site Systems B, Tax Refunds 1. Jimmy Dale Brown - $653.12 III Acods No Ap odaf(enl_ _ + Date City of Denton city council Agenda May 18, 1993 Page 3 7 6. Ordinances I A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid 01479; 5.A.2. - Bia 11488; 5.A.3. - Bid 11490; 5.A.4. - Bid 01496; 5.A.5. - Bid 11500) r B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.6. - Bid 11483; 5.A.7. - Bid !'1484) C. Consider adoption of an ordinance authorizing the Mayor to execute an agreement with Triad OnSite Systems for professional services relating to asbestos consulting and project management at Denton Municipal Center (DMC). (S.A.S. - r.0. 134357) D. Consider adoption of an ordinance repealing Resolution ` No. R92-028; authorizing the City Manager to sign and submit an amendment to the 1990 Final Statement of Community Development Objectives and Projected Use of Funds submitted June 22, 1990 to the U. S. Department of Housing and Urban Development with appropriate certifications. (The Community Development Block Grant Committee recommends approval.) E. Consider adoption of an ordinance amending the 1992-93 budget of the City of Denton, Texas by appropriating the sum of ten thousand dollars ($10,000) °rom the Beautiful iBoard to account number 631-024-0806-8964; of the Denton and providing for p;blication hereof. F. Consider adoption of an ordinance accepting the dedication from Rayzor Investments, Ltd. of a certain lot, tract, or parcel of land situated in the N. H. Meisenheimer Survey A-810 Denton County, Texas and containing 0.561 acres of land, for street and utility purposes. _ X _ _ )gendaNa 17 "O , oale City of Denton City Council Agenda May 18, 1993 Page 4 G. Consider adoption of an ordinance approving rate schedules and service regulations for Texas Utilities Electric company, providing an effective date therefor, providing corditions under which such rate schedules and service regulations may be changed, modified, amended or withdrawn, finding and determining that the meeting at which this ordinance is passed is open to the public as required by law. I 7. Resolutions j A. Consider approval of a resolution authorizing the City Manager to sign and submit to the U. S. Department of Housing and Urban Development a Final Statement of Community Development objectives and Projected Use of Funds. (The Community Development Block Grant Committee recommends approval.) B. Consider approval of a resolution renaming the Community Development Block Grant Committee as the Community Development Advisory Committee. (The Community Development Block Grant Committee recommends approval.) C. Consider approval of a resolution authorizing the City Manager to execute an agreement between the City of Csnton and the Texas Air Control Board granting a license to the Texas Air Control Board for an air pollution monitoring station. (The Airport Advisory Board recommends approval.) D. Consider approval of a resolution temporarily closing Charlotte Street from Avenue H to a point designated by the driveway at 2520 Charlotte Street on June 4, 1993. E. Consider approval of a resolution temporarily closing North Lake Trail between Bowling Green and Auburn Streets on Sunday, June 13, 1993. F. Consider approval of a resolution by the Council of the City of Denton, Texas relinquishing in favor of the Town of Copper Canyon approximately 350 acres of land within its Extraterritorial Jurisdiction so that the Town of Copper Canyon may institute annexation proceedings with respect to such area. Agenda No Agendaltaq Date -i8-93 City of Denton City Council Agenda May 18, 1993 < Page 5 G. Consider approval of a resolution authorizing the Mayor of the City of Denton to execute, on behalf of the City of Denton, an interlocal agreement with the County of Denton for the provision of services associated with the holding and disposing of dogs and cats for the County of Dentonj authorizing City personnel to collect fees associated with all interlocal agreements for services it provided by the City pursuant to said agreements. 8. Consider an exemption to the noise ordinance on Saturday, June 19, until midnight for the Juneteenth celebration at Fred Moore Park. 9. Miscellaneous matters from the City Manager. 10. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 11. New Business This item provides a section for Council Members to suggest item) for future agendas. 12. Executive Session: ; J A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. I B. Real Estate Under sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. I NOTES THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. I Apend31tert1.__... _ ' 0818_ ✓ City of Denton City Council Agenda May 18, 1993 Page 6 1 1 C E R T I F I C A T E I i I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on 3 the day of , 1993 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTEt 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 i SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACC00112 I CITE 7'1 COUNCIL I 'x I i r 1 I Ili \ I I I ~ s r 11I~ 1 CITY COUNCIL REPORT _4 TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTS Animal Control Ordinance Options DATES May 18, 1993 RECOMMENDATION: Staff requests direction from the City Council. BACKGROUNDS As the City Council is aware, recent events at the Hartfelt Humane Society have caused much concern by the Denton Humane Society and other Denton citizens. In response to this, the City Council directed staff to enforce all City ordinances and to monitor the progress of the Texas Department of Health's (TDH) enforcement of the State Animal Shelter Act. The City Council also requested a ! review of the City's Animal Crude and other cities' ordinances. To date, there has been no response to the Mayor's letter (directed by the City Council) to TDH. The Denton Humane Society gathered information regarding an adoption that took place on March 20 and 21. Written information and a video tape has been forwarded to I TDH. No response has been received thus far. The adoption did take place prior to the March 24 letter from TDH requiring Hartfelt to cease operations until the facility met State requirements. SUMMARYs Staff has outlined several options for the City Council to consider. OPTION I Option I outlines the creation of an animal control inspection I ordinance. Such an ordinance would authorize animal control officers to make inspections as part of a permitting process. Most ordinances of this type in the metroplex are tied to commercial animal holding facilities not to residences or private non-profit facilities. In addition to an inspection ordinance standards would also need to be adopted on which inspections would be based, option I would not address private holding facilities such as Hartfelt. Nor would it address private residents where most complaints are received (eg. Roselawn). State law pre-empts the City from having any ordinance related to r ~endaNo 9,3 ' Agendallem ws '"a Date animal cruelty except as already outlined in State law. class A violations and cannot be issued citations in Muni i al Court. Any animal care ordinance that addresses anything except sanitation or public health would require working with the District Attorneys Office for any enforcement or prosecution. This is the most costly option as it would require additional staffing and legal fees to embark on animal welfare as a different mission. OPTION II ; Option I: would regulate the number of dogs end cats allowed. This option could prove to be highly controversial and difficult to enforce even on a complaint basis, Staff would in all likelihood be required by the private homeowner to obtain an inspection warrant in order to enter the property to investigate. Enough evidence would be needed to show probable cause which could prove difficult. OPTION III Option III would make changes to the existing of the City Code, The existing section ubneeds e8more8eclear definitions def Including Health could hen be officer, cto~enfoce waste and problems unhealthful. inside a structure that is not a facility that is open to the public. Currently, animal waste complaints arc being investigated but if ,he condition is not visible from publi: view or in a facility open to the public then there is no further ;Ourse without legal action. Staff feels that this would best address citizen concerns without a drastic addition to staffing or reduction in other services. It would also continue the current mission of the City's Animal 1 Control division as a public health law enforcement agency. OPTION IV Option IV outlines a bill before the Texas Legislature improving the current Animal Shelter Act by clearly defining enforcement actions that can be taken by TDH. The proposed bill would also allow TDH to remove animals that are endangered by inhumane conditions. This option would be to wait and see if the Legislature passes this bill or some variation of it prior to the 1 City Council taking action. 1 PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDs III Citizens of Denton, Animal Control staff, Commercial Pet Facilities, Private Pet Facilities, Private Pet Owners FISCAL IMPACTS Option Is Additional Animal Control Officer to perform new duties of animal welfare program; legal fees to prosecute; holding fees for animals held at Animal Control facility pending outcome of litigation. aOerIQeNO .~-p JG Date 9.3 Denton County Incurred $39,150 in holding fees r~ one case in 1991-92. Option III No additional cost. Option III: No additional cost. Option IVI No additional cost, com HoaltheServices Manager,sfurtherooutlining oth se options, Included in this Information Is a chart Indicating the amount of reductions incurred over the last three fiscal years. Animal Control staffing has been decreased by two officers since fiscal yea hours of operation have been reduced from 76 hoursr 1969-90 and per we to current operation of 53 hours per week. Despite these reductions in service levels, the request for service have remained at relatively the same level. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, Lloyd Harrell City Manager Prepared by: ~aLnerine E. Tuck Administrative Assistant ApendaNo Agenda IId~R_ ate -'~'1~ -3 --MEMORANDUM - TO: Catherine Tuck, Administrative Assistant FROM: Nonie Halo-Kull, Manager Environmental Haalth Services DATE: May 5, 1993 r SUEJ: RESPONSE TO COUNCIL REQLEST Animal Holding Facilities The City Council has asked us to provide them with information on how animal control can prevent situations like the one that occurred at the Hartfelt Humane Society from happening in the future. We have researched other cities ordinances in an effort to determine what other communities are doing in this aroa. Gtaff has developed four options for the Council's consideration. OPTION ONE CREATION OF AN ANIMAL CONTROL INSPECTION ORDINANCE In general, ordinances which authorise animal control to make inspections are established as part of a permitting process. The City of Denton does not currently issue permits to commercial animal holding facilities. The City of Arlington, has an ordinance which is typical of those found in the Metroplex. "Whenever necessary to make an inspee+ion to enforce any of the provisions of this ordinance, or whenever the Animal Control Offinsr or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises used for a commercial enterprise any condition or ordinance violation regulated ),arein, he may enter such building or premises at all reasonable times to inspect the some or perform any duty imposed by this ordinance; provided that, if such building or premise be occupied, he shall first present proper credentials and rtqueat entry unless otherwise permitted by law; and, if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry by presenting proper credentials unless otherwise permitted iy lau. If such entry is refused or if the owner or person i,, control of the building or premises cannot be located, an Animal Co:,crol Officer or his designee shall have recourse to every remedy provided by law to secure entry." COUNCIL REQUEST Fags -2- Vs!daNo Ageedaitaq l 5 X01 Date Adopting this type of ordinance would It would not allow us to adequatel.l prese ent ssome problems.the complaints animal control receives about animal holding facilities. The first problem is that an inspection ordinance would only alithoriee animal control to inspect commericial animal holding facilities, such as pet stores, grooming establishments, and boarding kennels. Animal control seldom receives any complaints about these types of businesses. In the past twelve months we have received two complaints on businesses which deal with animals. Duria this same time period we have received ninety-four complaints _ about the conditions in which animals were being maintained at private residences or the Hartfelt Humane Society. Humane shelters are not considered to be commercial animal holding facilities, She second problem is that for an inspection ordinance to be of any value we would have to adopt standards for animal care and maintenance, The Texas Penal Code makes any of the following actions a Class A Misdemeanor which pre-empty us from adopting them as part of our ordinance and reducing them to a Class C Misdemeanor. 0 torturing or seriously overworking an animal 0 failing unreasonably to provide necessary food, care, or shelter for an animal 0 abandoning unreasonably an animal 0 transporting or confining an animal in a cruel manner 0 killing or administering poison to an animal which belongs to someone else 0 causing one animal to fight another 0 using a live animal as a lure However, this state statute does not address sanitation issues, so it would be possible to amend our current ordinance to include a requirement that the premises where an animal or animals are being harbored must be kept in a sanitary condition and be reasonably free of animal waste, parasites, insects and flies. As you can see, an inspection ordinance would not really be of any maJor benefit. If the property owner or operator did not want to give us access, we would have to obtain a warrant based on our having probable cause to believe a violation was occurring. Currently, we respond to complaints received regarding both commercial and private animal holding facilities. If the complaint is about a commercial facility apendaNo9.3 -o/6 COUNCIL REQUEST AgendaI!e Page -3- Date we can enter the building in the same manner as any citizen. This allows us to observe what is in public view and to tell the business operator of any problems and to make recommendations for corrections. If the complaint is about a situation taking place at a private facility we can only observe what the person in charge of the property allows us to see, or what can be seen from adjacent, public areas. f ! MION TWO 1, I SETTING A LIMIT TO THE NUMBER OF ANIMALS A PERSON MAY KEEP Multiple ownership is generally a highly controversial issue and not easily enforced. Our research ties shown that most cities that do have such ordinances choose to allow three (3) dogs and two (2) cats or two (2) dogs and three (3) cats and that they do not count newborn animals which are under four months of age, i Our current animal control ordinance includes regulations to deal with odor, noise, and waste accumulation, which are the problems most frequently complained of. h Setting a limit for the number of animals anyone may house would be enforceable on a complaint only basis. If the animal owner did not want to allow us access to his/her property we would have to obtain a warrant based on probable cause. It is doubtful that this type of ordinance would be of any { true value. While researching this matter with other cities, we found that some are considering eliminating multiple ownership restrictions from their codes as they are not proving to be effective. OPTION TH_RFE EXPANDING ON THE "HEALTH OFFICER'6" RESPONSIBLILITIES It would be possible to deal with commerical, private property, and non-profit locations complained of by adding ' some definitions to Chapter Fourteen, Article II, Sec. 14-26 of the Code of Ordinance, which reads: "Authority to make inspections and abate nuisances after notice. AQWa No COUNCIL REQUEST Agegdahem L4 Page -4- Date 7 (a) The city health officer may inspect all places and Q premises in the city and, upon finding any unsanitary or unhealthful condition, shall give the owner or occupant of such place or premises a written notice to abate such condition within five (6) days. (b) It shall be unlawful for any person receiving the notice specified in this section to fail to abate such condition with the time specified. J'am' (c) The city health officer may abate or cause the abatement of any unsanitary or unhealthful condition if not abated by the owner or occupant within five (6) days. (d) The city health officer shall have the authority and power to determine whenever anything or condition is or f becomes a nuisance, as defined in V.T.C.A., Health and Safety Code 341.011 at seq. (e) The city health officer is hereby directed and empowered to abate any nuisance found in the city, by any means necessary. (f) It shall be unlawful for any person to keep, allow or maintain any nuisance on premises owned by him or +ander his care or occupancy after receiving a notice from the city health officer to abate such nuisnce." To be able to use this section of the ordinance when we encounter problems like those found at the Hartfolt Humaae Society and 2600 Roselawn we would have to provide clear definitions for "city health officer", "unsanitary", and "unhealthful." It would bs necessary to specify who has the authority to perform inspections for specific nuisance violations. We would also have to identify what an "unsanitary" or "unhealthy" condition is and insure that we includ'd the accumulation of organic body wastes in the definition. In other sections of the ordinance whenever the "city health officer" is referred to, the duties are assigned to the Environmental Health Services Manager. One of the duties of this position is the supervison of animal control. This position also oversees the activities of the health inspector and sanitarians who inspect restaurants, grocerty stores, and day care centers. These people also enforce the smoking ordinance and the public and semi-public swimming pool ordinance, both of which are found in Chapter 14 of the Code of Ordinance. 1 i4QertdaNo Y_ 934 i~ COUNCIL REQUEST AgaIdalte~~ll,L ~ Page -5- :6 Deta~LS- 9. Q=s FOUR DD SHELTER ACT There is a bill before the State Senate to amend the current Shelter Act. This amendment, if passed in its current form, will require all animal shelters to register with the Texas Department of Health (TDH). The state currently has no way to identify shelters in order to see that they meet existing r legal standards for the humane treatment of animals. The Shelter Act, as it is currently written, does not give adequate enforcement powers to the TDH, even though they are the regulatory agency for animal shelters. Once all shelters are registered, TDH will be able to advise shelters that need to improve their facilities and services and will be able to remove animals that are endangered by inhumane conditions. This bill has been reported as being "favorable" by the Senate Intergovernmental Relations Committee and is still pending. We could choose to wait for the outcome of this proposed amendment, which if approved would give the Texas Department of Health the authority required to respond to situations such as the one found at the Hartfelt Humane Society. SUMMARY Currently, the City of Denton Animal Control is functioning as a public health law enforcement agency, responsible for controlling the adverse effects caused by free roaming and nuisance animals. We are able to serve the needs of the majority of the community by focusing on the public health aspects of animal control. For us to successfully extend our mission to include animal care and welfare activities we would need to increase our staff level by one animal control officer because these typo of activities are time consuming in terms of investigations and legal aspects. RECOMIENDATION We believe Option Three to be the most effective way of dealing with the situation. Attachments: V.T.C.A., Health and Safety Code 341.011 et seq. Senate Bill 598: Animal Shelter Act 1 •11•eL•r-•11--rn.p25an•vi•en-the•zw)u-lresantt-of-•thi a••cnepNr.--;6• 1 TEXAS LEG(SL.\TlYE SERVICE SB 598 III 1193 2 veeerlnsrieevhe t!- Ia l e•eepa a a- at -ht a-report-with-the- pars one opera It nq (led by Armbr6ier 1 ens--•heltsr ••afx!-wY~R-ter •dapa rl.eant--~n--t~ras•freacritiep-pt' -i:fe 27-147 A BILL TO BE L'h"tITL£0 / Cepa rams Seri I Alt ACT S ~ (too •t'tier-Spa rO-may-YwTrlre-eeA-retearrope rat:n3.lnj Each 2 rslatinq to the registration of aninal shelters with the Texas 6 4614161 ah.e:ter shell ]te) keep records et the data If receipt of ae_J,eals E 3 Cepartment of Health 7 by the aneltar and of disposition of animals In its custody, (te] e it IT EeACTS7 BY THE LEOISLATM Of THE STATt Or TEXAS) a maintain tte shelter records on the business premises of the anJnal ~ S SECTION 1. Section 613.012, Health and 14Laty Code, is amended to 9 shelter, and it*? nuke trio records available for Inspection at 6 read as follows) to rnasonabie tine . 7 Set. 021.003. EXEMPTION FOR (BER;AIN- 001188r] CLINICS A." 11 (e)_ An anlnal shelter shell follow the orocmdutes prescribed by 6 FACILITIES. This chapter does non apply tat 11 the department for humane euthenasls of animals and conpty with Saction 9 (ttt-s-a eenty-Anfnq-a-pepalatle n-et-t•u-ahem-79r 680!1 13 073.006 of this chapter. l0 js tt111 a veterinary medicine clinic) 16 A person coaualts an offense it the person subs to ntf ally 11 11 (t37] a livestock co"Itaton faalltty. 13 violate thle section. An offense ender this subectien Is a C1418 C 12 StMOH 2. Saction 123.003, Health and Safety Code, Is amended 16 misdemeanor. 13 to read as tollowel 17 $"ICA 3. Section 021.002.1, B4alth and safety code, is added 14 See. 627.001. STAN0AR7S FOR ANIMAL SHELTERS) CRIMINAL PENALTY 10 to road u follows$ is (al Each animal shelter operated in this state shall comply with 11 yk• 123.001.1 RECSSTAATIdt, (ai Each animal shelter oraratlno In 15 the standards for housing and sanitation existing on S•ptenber 1, 1987, 20 this state Is redutred td re,311ter with the e•olrent'ht on a totem 17 and adopted undsr Chapter 016 (Afibiss Control Act of 1981). 11 prascrib d by the department. A cadistration tee nlr be ch6reed M th40 I 1s Ib) An smut shelter shall feparat• 611106115 in its custody at all 11 departmeat. no department shell use the 1124 of the antral sAN ter t6 tines by spoclsa, by sex (It known), and if the 41110611 ate not related 23 144111ty and the site of the pupalation b40lno a rved m 20 to one another, by 11140. 24 shelter In dotarnlntne the anoont of shy Itq stra an 940, 31 An animal shelter my not confine healthy anir.ale with sick, 21 Ib) ikon rn tstratlon, thk department, shall brovil 6 n 22 (n)ured, or disused animals. 26 shelter with a urtttleat40 coot lrm! r1 1 traete with he • e~ 13 (!dt•tech•-pereon-wha-ep40rater en••an kmal•ahatter-►hel-L• eapMy-s 11 to covy:lance with tAls rha Pte! and a -cepyof the stand r s ra I 240 ausN narlan-at-{salt-ertie-tryeef ta, 1 pact -the 1 ~t I f { 1 I I i L ty this ehao[er. The teal at rat l en carttf icate she It be, root Hl In a l 9e.1. 92),.7),] ENPANGERIND CONDITICN9. 11 the department I location where it is vislhlo to the general puoltc and shell lnc:-ee the datMInns that tre c1n1ltlon6 wlt,ln an animal aCalter endenaoY the 3 r&ne et the department and the address to whir any written Ccmp; P'titn 7 roalth and 161ety of tFe animals contained lthin the animal shelter, A may be sent, a the department 1e autAOrirod to order the animal shelter to }too S Let An anlTal shelter is euthorlrod to :tame fees to offsot any 3 ac^epting additl0nal an1ma13 untll conditions a-a Corrected costs Lncurr rd by Conpllence with this Chapter. .6 conditions ve:rant, the_departnent to outhori}ed to remove animals from ! idi Any foam collected under this chapter by the department shs'L 7 the shelter and relocate the anLnals to Another animal a Mlte r. IIII 1 be used by the department only for the admintstraGton of this Cheotet. 1 veterinary. redlrlne Cilnle or Other WallaDLa feetllty, [r eh• S SECTION 3. Section 123.001,2, 8ealth and Safety Cato, Is added 9 'endangering conditions are corrected the department ear pernlt the 1 10 to toad at follawll 10 animal theta r to reruee ooeuttona. It the animal shelter to unable to It see. 123.003.2. ON-SITE REVIEW UPON COMMAINT ial The d0odrenont 21 eorreat the endangering candititna the department Ls sutho rimed to 12 may COnduCt an_On-llte review of the ODer4 L1. 9ns and facilities of an 21 order the porawnen. elosgre of that animal shelter. 13 na lmal aMltsr upon receipt of a written complaint Of specific problems 13 SECTION 3. SeCGLOR 023.ODS, MAIth And Safety Coda, is amendad it v_Lth Conditlona at the shelter or upon its own Inltlttive, A reasonable It to cold as !allows. is Its say be charged In connection with a• on_site revie and shall be 1S See. 123.005. ADVISORY COMIrMl (al The COMISSIOnae of trvblle 14 , based. On th s e Of the facility. ~ r, r• L6 hwelth or his deaf The- eysrhlA DO 4 !i ( 9 4' dy-e(•a-,empty-er;aealelp Hty 1 I? lb) A written report shall be completed to connection with on on- 0 kn-.w{,}M-sir-en lee}•4nelNr-ks--IoceoeA shall a ( ppoint an advisory is site review and atoll include an assessrent of the co N Lanes of the 21 cowittes to Assist the deix rtsent Wit:) the administration of , (In 15 anlaal aheltor with the ■tandards orescribet in this chactecr 19 eempkylAq-withj tha requlresonts of this chapter. 1 :O ncosv.endatlo on mp[ovamengs that would kind the animal shelter Intl 20 (bl ;19 aovlsory eoesittae eM ;elstj be Composed of ;at-luseJ 11 eospltanee and any other observations. A,^gpy of this report shall be 21 ego lluased veterinarian, Ono municipal or county anim at cameral '.l prow dt§ to the animal shelter and be placed on file with the 22 official, one person whose dutlea Include the daily operation Of Ad 73 deputnent. SucA rooorts shalt be Wade aralLble to any person upot, 23 snlral 1Mlter, and ooe representative , free an antral lliI e :9 MAost. The department may Charge 1 r atonable tee tot orovtding COOL*$ 21 otganiratlon. Advise y Committee eeebar anal son- ~Ttt 25 of much [opor•.a. 25 gompenamtlon ar relmburserent trv the dewrtnent 21 SECTION 6. Soctioa1123.003.1. Health and Safety Code, IN added to 26 [ej 'the Advisory comsittee shall east it feat onCe (three ti s? 27 reed as tollwse 37 a year and err other tiro tMUested by the daparteent. I 1 k ~w 4~ f f I fat Ar edvlsorw cowittee in a county }vving_a pope letlon over one e Million 11,000.000} fn exist *nce on the elfeetlve_dat► of this act shall S 7 coot lrua In operation, 1 f ATCTIC11 i. EfrCCTrVr DAM This Act shall become sitectlve ! September 1, 1991, 9 SECTION 10, TMERGENCY CLAIM. The lnportance of this Seglelation 1 and the crowded condition of the calendars In both hoasa■ create an 1 emergency and an imperative public necessity that the constitutional 9 rote requiring bills to be read on three several days in each house be 10 suspended, and this rule is hereby suspended. . i i i S ! k~k ~V 0 e i I Agenda No Agendalterrt. I I CURRENT ! ! I FISCAL I FISCAL I FISCAL I FISCAL I I YEAR I YEAR I YEAR ! YEAR 1 D I TO DATE * 1 1991-92 11990-91 1 1989-90 1 l---------l-'-- °------I-------------1--- I ANIMAL I I ! I I 1 ICONTROL f 4.0 1 4.5 I 5.0 1 6., I IOFFICERS I I I I I 11---------lI-----------II------------ II--------- I -------1 I 1 ' (ANNUAL I I I I I iREVENUE 1 134,470 1 *104,290^ 1 $689892 1 $50,056 1 I I - I , !HOURS OF IM - F 8--5 IM F 8-8 IM - F 8-81M - F 8-81 IOPERATIOP41 S t 5 8--12 !(HALF YR) IS & S 9-11S & S 8-51 ! IS h S 8-12 1 1 1 ---------1------- 1 I I 1 I--------- I I ! ! ! IANIMAL 1 85 1 168 I 163 1 192 1 IBITES I I 1 I I ---------11 I I IDOS 1 1536 I 3499 1 3515 1 4511 I (PROBLEMS I ! I I I I 1 I I 1 -I I _ I I 1------------ I ! f 1LIVESTOCKI 74 I 135 I 136 1 134 f ]PROBLEMS I I I I S I I I i I I I I_------ ! I IWILDLIFE 1 237 f 403 1 333 1 316 1 1 IPROBLEMS I I I I I I I I 1 I S I 1---------1-----------1----------•--I-------- ! 1 I I I ! ICAT 1 552 I 1071 1 1314 1 1414 1 iPROBLEMS I I I I f 1--------- I----------•-1------------I----- IREuUES'1S I I I I f IFOR 1 2523 I 4983 1 4373 1 5650 f ISERVICE I I I I I I -----1-----.-------1----- I 1 * As of April 30, 1993 i 39,150 generated as the rssult of holding animals seized in a cruelty casrp i MW S~S3rw 7 L i.;..d+r'h".'~'we+lr as-•.~+• ryr fM 1 . ~l ♦ I.r. ~~I~rrr 1r r... rr. •i u.r 1.r. H• IfY 1 r ' L i i I s i k r, r i I i i { Ap*NQ 2- '41 Oate CITY of DENTON, TEXAS _ MUNICIPAL BUILDING / DENTON. TEXAS 76201 / TELEPHONE (817) 588.8307 Office of the City Manager MEMC7RAN~UM TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: May 13, 1993 I SUBJECT: Resolution Allowing Copper Canyon Con-rol of Some of Our ETJ Per the Council meeting on April 27, Council heard a request from the members of the Copper Canyon City Council requesting that we release some of our ETJ. The attached resolution does that. I have also attached a resolution that has been passed by City of Copper Canyon indicating their support for the 2499 project as the Council has requested. As you can see from the attached drawing, this resolution would release the 11t;:d shown on Exhibit A. Its northern boundary would be the southern boundary of the corps land for the Hickory Creek arm of Lake Lewisville and our existing city limits line. We have reviewed providing service of this area with our staff and find that we will not be able to do this very efficiently. We therefore recommend that this resolution be passed. If you or the Council has further questions, I will be happy to try and answer them for you. R S hla Deputy City Manager RS:ss AMM002BF E:\ WGDOC'ARESNCOPDEA.AES ;qendaNO. Y C Agon daI tem tats 6-/ s- RESOLUTION NO. i A RESOLUTION OF THE CITY OF DENTON RELINQUISHING APPROXIMATELY 350 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION TO THE TOWN OF COPPER CANYON SO THAT COPPER CANYON MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA; AND PROVIDING AN EFFECTIVE DATE. i WHEREAS, the City of Denton supports the extension of Farm to Market Road (FM) 2499 by the State Department of Highways and Pub- lic Transportation from FM 407 north to F14 2181 in Denton County; and WHEREAS, the City of Denton, pursuant to Resolution 93-025 has released approxim~,.tely 118 acres of land located in its extrater- ritorial jurisdiction to the city of Highland Village, over a par- cel of land contiguous to the northeast corporate limits of the Town of Copper Canyon, to secure a corridor for an eastern align- ment of FM 2499; and WHEREAS, the City of Denton is agreeable to releasing approx- imately 325 acres of land located in its extraterritorial juris- diction to the Town of Copper Canyon in consideration of securing certain assurances from the Town of Copper Canyon, that the Town of f Copper Canyon will support an eastern alignment of FM 2499 through the parcel of land contained within the extraterritorial jurisdic- tion released by the City of Denton to the City of Highland Vil- lager and i WHEREAS, the Town of Copper Canyon has passed Resolution 93-04 endorsing the construction of an extension of FM 2499 from FM 407 north to FM 2181 within the land released by the City of Denton to the City of Highland Village; and WHEREAS, pursuant to Section 43.021 of the Texas Local Govern- ment Code, home rule cities are authorized to fix their boundaries and exchange areas with other municipalities; and WHEREAS, the Town of Copper Canyon and the City of Denton are desirous of determining a definite boundary limit for annexation purposes in the area just north of the corporate limits of the Town i of Copper Canyon; and WHEREAS, in order to delineate and fix such boundaries, a release of extraterritorial jurisdiction is necessary on the part of the City of Denton so that the Town of Copper Canyon may institute annexation proceedings in such area; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: I I i I i Aw.daNo Agendaltarri XJ.3 Date SECTION I. That the recitals as stated above are hereby found and determined to be true and correct. SECTION II. That the City of Denton hereby releases and relinquishes in favor of the Town of Copper Canyon approximately 350 acres within its extraterritorial jurisdiction located and described more fully in Exhibit A attached hereto and made a part hereof for all purposes so that said area shall be within the extraterritorial jurisdiction of the Town of Copper Canyon and that { j the Town of Copper Canyon may institute annexation proceedings with respect to said area. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS Tn LEGAL FORM: DEBRA A. RRAYOVITCH, CITY ATTORNEY BY:~ PAGE 2 AQ enda N0 Dee "EXHIBIT All BEING part of the L. Cohen Survey A-246, the J. Teague Survey A- 1238, the J. Lockhart Survey A-768, and the W. Hawse Survey A-557 Denton County, Texas; BEGINNING at a point in the existing city limits as described in Ordinance No. 74-46 of the City of Denton, Denton County, Texas said point lying at the intersection of the south line of the A. Cannon Survey A-232 with the west line of "Copper Canyon Road"; THENCE east with the south line of said Cannon Survey and the north line of the L. Cohen Survey A-246 and crossing the east line of said Coker Survey also the west line of the J. Teague Survey A-1258 and continuing with the south line of said Cannon Survey and the north line of said Teague Survey to the southeast corner of said Cannon Survey and the northeast corner of said Teague Survey; THENCE south with the east line of said Teague Survey, also being the west line of the W. Hawse Survey A-557 to the northwest corner of the Orchid Hill Subdivision being a U.S. Government Monument No. F-538-4; THENCE north 780 051 11" east a distance of 1040.29 feet to Monument F-538-31 THENCE south 870 58, 05" east a distance of 724.59 feet to Monument F-538-21 THENCE south 66 171 29" east a distance of 870.1 feet to Monument F-538-1 on the south survey line of the W. Hawse Surveyl :HENCE east with said survey line 142.0 feet to Monument F-540-1; THENCE north 106 221 east a distance of 737.9 feet to Monument F- 540-2; THENCE north 600 021 east a distance of 220.55 feet to Monument F- 540-3; THENCE south 610 030 east a distance of 282.65 fee to Monument F- 540-41 THENCE south 820 301 east a distance of 493.21 feet to Monument F- 540-5; THENCE north 840 201 east a distance of 310.67 feet to Monument F- ' 540-6; THENCE south 50 301 east a distance of 399.0 feet to Monument F- 540-71 THENCE south 80 211 east a distance of 91.9 feet to Monument F- 540-8; PACE 1 i f t Agenda No `73 -Cif Agenda llaryt_ Date_ h THENCE north 620 30' east a distance of 807.3 feet to monument F- $30-13; THENCE north 620 300 east a distance of 724.7 feet to Monument F- 530-12; THENCE north 150 441 west a distance of 737.6 feet to Monument F- 530-11; THENCE north 720 440 east a distance of 642.94' feet to a point in the east line of Bishop Road; r THENCE south 00 120 east with the east line of Bishop Road a distance of 2485.91 feet to a point in the center of orchid Hill Road; THENCE west with the center of Orchid Rill Road and the north line of the J. Baker Survey A-50 a distance of 5137.5 feet to the northwest cornor of said Baker survey and in the east line of the J. Lockhart Survey A-758; THENCE south with the east line of said Lockhart Survey 800 feet to a point for corner; THENCE west 1501 feet to a point for corner; THENCE north 1619 feet to a point for corner in the north line of an east-west road; THENCE in a westerly direction with the meanderings of the north line of said east-west road to the intersection with the west line of Copper Canyon Road; THENCE in a northerly direction with the west line of Copper Canyon Road and crossing the A.T. A S.F. Railroad and continuing to the I Point of Beginning; AEE0015/54 I i I EXHIBIT A PACE 2 po~T~oN WiT~iN GtirY °OF DGNTOM ET7 7b 68 t C OPPCA CAN YOM i MAIL o ~ 4 EX I8I A 1ACK 3 _ As)WaNo Date RESOLUTION 93-04 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF COPPER CANYON, EXPRESSING SUPPORT FOR'fHE EXTENSION OF FARM TO MARKET ROAD 2499 FROM FM 407 NORTH TO FM 2181 IN DENTON COUNTY; PLEDGING THE COOPERATION OF THE TOWN OF COPPER CANYON TO ENDORSE AN ALIGNMENT EAST OF THE CORPORATE LIMITS OF THE TOWN OF COPPER CANYON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Copper Canyon, Texas, supports the extension of Farm to Market Road 2499 by the State Department of Highways and Public Transportation from FM 407 north to FM 2181 in Denton County; and WHEREAS, the City of Denton, Texas, has released j extraterritorial jurisdiction to the City of Highland Village, Texas, over a parcel of land contiguous to the northeast corporate limit of the Town of Copper Canyon, Texas, to secure a corridor for an eastern alignment of Farm to Market Road 24991 and WHEREAS, the City of Denton, Texas, desires to release extraterritorial jurisdiction to the Town of Copper Canyon, over a parcel of land contiguous to the northern, corporate limit of the Town of Copper Canyon, Texas, to permJt the Town of Copper Canyon to complete annexation proceedings with regard to property within the area of extraterritorial jurisdiction to be released by the City of Denton, Texas; and WHEREAS, the City of Denton, Texas, desires certain assurancos from the Town of Copper Canyon, Texas, that the Town of Copper Canyon, Texas, will support an eastern alignment of Farm to Market Road 2499 through the parcel of land contained within the extraterritorial jurisdiction released by the City of Denton, Texas, to the City of Highland Village, Texas, in consideration for releasing the designated area of extraterritorial jurisdiction to the Town of Copper Canyon, Texas; and WHEREAS, the Town of Copper Canyon, Texas, will have exclusive extraterritorial jurisdiction over the parcel of land to be released by the City of Denton, Texas, to the Town of Copper Canyon, Texas, prior to June 1, 1993; and WHEREAS, the support of the extension of Farm to Market Road 2499 north from FM 407 to FM 2161 by the Town of Copper Canyon, Texas, does not require any liability or responsibility for a commitment of funding by the Town of Copper Canyon, Texas, for the provision of any right-of-way or for the relocation or adjustment of any public utilities or, similar expenditure of funds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF COPPER CANYON, TEXASt q;endaNo ~ ~ Apendaltem LLB Date SECTION 1. That the Board of Aldermen of the Town of 9 Copper Canyon, Texas, endorses in concept the construction of an extension of Farm to Market Road 2499 from F14 407 north to FM 2131 In an alignment that lies entirely east of the corporate limits of the Town of Copper Canyon, Texas; that preserves access to the horse trails and greenbelts In the area commonly known as Pilot Knoll Park{ and that maximizes preservation of naturally occurring landscaping and forestation. SECTION 2. That the Tcvn of Copper Canyon, Texas will support the eastern alignment of the extension of Farm to Market Road 2499 through the corr£do^ of property within the extraterritorial jurisdiction releaacd by the City of Denton, Texas, to the City of Highland Village, Texas by action of the Denton City Council on April 279 1993. SECTION 3. That the Town of Copper Canyon, Texas will accept in good faith the exclusive extraterritorial ,urisdictlon over the parcel of land described In Exhibit A to be released to the Town of Copper Canyon, Texas, by the City of Denton, Texas in consideration for this resolution being enacted by the Board of Aldermen of the Town of Copper Canyon, Texas. SECTION 4. This resolution shall take effect immediately I from and after its passage and It is accordingly so resolved. DULY PASSED BY THE BOARD OF ALDERMEN OF THE. TOWN OF COPPER I CANYON, TEXAS, on the 3rd day of May, 1993. APPROVEDS t OR ~ ATTESTS T~ aaI le.1 h I i QoRT~`aCr~J-W~T~~~N Girt r °oF DUATOM ET7 TIP 61S GoPQCR CAN YOM Nil iiiiiiiiiii 1 11 iIIIIIA 0 { I r ~ I :r:f fautrr ' :iICtI«.SY N::. i:YSt111<H IISI:::I :iCi.:.Ci lD•i14 LiYIJIJNI/H tt ♦III/Y1111 tJ. C 4 y r {rFJJ~1H 1II11f:. i Cr r. rr J1I.I1I1<f c.{{ " rats rl re /•Ir1ii::. .ia Y C' crerge1 oY11: 'rr_rrrT rrr`ae;: Firesr<.. «.rf..:. •rrC: arl::::rcct Jfs s..rs.:.: •nr z4.✓nn✓ ✓.•✓..aa4r✓++4•..a•p.•: wr V V M✓PrrV ✓1'✓ n VY✓wb44ryb Y ..r.+Yr.'rrrrrer•z.✓.•.•rzigaa..b\•I ::a'.'. . r rwrr.Mwr.rrr✓MrVY✓Prbpyryrygrp: t'PF.'.'•'•--'' r n~r¢...rrnrYMVVYOrINShtYi4bb!.4YyN.61'. .....rwr.r.<rMV rrrrV.y4rVM1•W.W444h".p•.'.'.'.' .raY"'~r'~rrrrrrMY ✓Vib'Nl'.nIY144bh::•. c.'. rrrl'Y.IrnArrl!V Vvyh.l Vr~4atla'.'.'. rV1r1r1r1rr11~.~rr~V,✓r~1tr~r~~l~~z✓✓✓✓✓.VV4tlb¢l'. IMIWINtIMa•M~b'<44 Y a•. . . MrA¢~1!✓IVY!IM•t444tl!.S+'.'.'.'. I1 M v1Ah44 S~~O4\¢l'.. l a4gq464\u¢¢'.¢'. E 44aaM4Yl~¢,¢•, . N41t44M Y, b, 11 ¢\1'.. +411\¢¢1.'.. .♦t1t11!, IIIN,ty' H ttv,vv' ash ,1. I 1 7 it oboe w,t I. CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager Date_ DATE: May 18, 1993 G~ SUBJECT: North Lakes Park Bonnie Brae Entrance Road Right-of-Way Acceptance RECOMMENDATION: It is the recommendation of City staff and the Parks and Recreation Board to accept right-of-way from the Newton Rayzor Family north of Windsor Drive and East of Bonnie Brae Street for the purpose of constructing an entrance road to North Lakes Park. 1 SUMMARY: I The North Lakes Homeowners' Association has requested that the City consider I constructing a new road from Bonnie Brae Street to a new parking lot for the North Lakes Sports Complex. The road will alleviate traffic concerns on Windsor Drive, through the park and through the North Lakes neighborhood. The 1,500 linear foot road will be built of concrete, and will be funded through proicct savings. This request was presented to and approved by the Parks and Rec,-ation Board at their April 19, 1993 meeting. I BACKGROUNDS The North Lakes Homeowners' Association has expressed concerns over the years 1 about the traffic on Windsor Drive. The problem is created by park users who cut through the neighborhood on Parkside Drive to avoid the 20 mph speed restriction on Windsor Drive. It is the plan to routc traffic from Windsor by building a new access road off Bonnie Brae. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED I North Lakes Homeowners Association, Denton Soccer Association Denton Adult Softball League Associations, and Denton Rugby Club FISCAL IMPACT: Fiscal impact to the North Lakes Park Development project will a approxi- mately $80,000. RES EC LLY SUB TED1 oy V. Harrel` City Manager Prepared by: 131 clk f.~.11 r z Name Rich RlugasQ Title Director of Parks and Recreation Approvi¢: Name e y can Title Executive Director for Municipal Services/Economic Development AJJ0071B I 1:WPOD fAOROWNICA11.0AO ApendeNo ('i~ ApAndaNertL Rate ORDINANCE N0,^ AN ORDINANCE ACCEPTING THE DEDICATION FROM RAYZOR INVESTMENTS, LTD. OF A CERTAIN LOT, TRACT, 012 PARCEL OF WAND SITUATED IN THE N.H. MEISENHEIMER SURVEY A-810 DENTON COUNTY, TEXAS AND CONTAINING 0.561 ACRES OF LAND, FOR STREET AND UTILITY PURPOSES: AND DECLARING AN EFFECTIVE DATE. i I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S QTIQN I. That the City of Denton, Texas, accepts the dedi- cation of a certain Lot, Tract, or Parcel of lend situated in the N. H. Meisenheimer Survey A-810 Denton County, Texas for street and utility purposes, as offered by Dedication of Property executed by Jess Newton Rayzor, a copy of which is attached hereto. SECTION 11. That this ordinance shall become effective immed- iately upon its passage ani approval. PASSED AND APPROVED this the day of _ , 1993. BOB CASTLEBERRY, MAYOR J ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMI DEBRA A, DRAYOVITCH, CITY ATTORNEY BY: a D• Q 1e t c AWdi No +~+endalte~r ~ ~ Lt31e ,5 ~3 DEDICATION OF PROPERTY FOR PUBLIC USE J That Rayzor Investments, Ltd. dedicates to the public forever , for the use of streets and utilities the property described In Exhibit "A", attached to and incorporated herein by reference containing a total of 0.561 acres of land, Executed this day of - , 1993. Rayzor Investments, Ltd. J893 Ne ton Ra or, Presid ri Th Rayzor Company anaging General Partner THE STATE OF TEXT.^. $ COUNTY OF S C 19ie nstrumby yrgs 22n edge ore me on OOOO00000000 WInn00000000000~~ • f~ • SHEAIEHUDSON NalaryA,blle sultowIT1u1 N tart' Public, in and for the State of Texas AIE C MISSIon upon OE4619.0 ooaneoeeooooo0000oooooeooo Commission Expires ,e/s//ea Executed this tho day of , 1993. CITY OF DENTON BY: Bob Castleberry, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AEE001DD ` 1 I Agenda No Agendallem~~ 100'r/ I Date /3~ EXHIBIT A / G`.1 ' ALL that certain lot, tract, or parcel of land lying and being situated in the City and County of Denton, state of Texas, and ' being part of N.H. Meisenheimer Survey, Abst. No. 810 and also being a part of a tract of land as conveyed from •Mrn. Grace E. Irwin to J. Newton Rayzor•by deed dated March 22, 1960 and recorded in Volume 4540 Page 659 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at northwest corner of said Rayzor tract and the northeast corner of a tract conveyed to the City of Denton and i recorded in Volume 2542, Page 46 Real Property Records, Denton County, Texas; THENCE south 870 500 01" east with the north line of said Rayzor ' tract 611.06 feet to a point in the west line of Tract II of a deed to the city of Denton recorded in Volume 2935, Page 537 Real Property Records, Denton County, Texas; THENCE south 10 030 loll west with the west line of said Tract II above a distance of 45.01 fast to a point for a corner; THENCE north 870 50f 01" west a distance of 610.95 feet to a point in the east line of the first mentioned City of Denton tract; 0 THENCE north 00 53' 4511 east with the east line of last mentioned City tract a distance of 45.01 feet to the point of Beginning and containing 0.631 acres of laud. In addition to the tract above described, a construction easement 50 feet in width lying adjacent to and south of said tract is also granted. The construction easement will terminate upon completion of the proposed road. L I ' I I I r ~ AEE00015/53 I PROPOSED STREET , DEDICATI011 s \ _ s Oc ' PLOA NOR114 LAKE 1 PL YGR No po M4 ~Np50 $ \ •p, -~,EXISTINO PAR TKINO LO tir A.PARKI EXISTING TOPOCRAPICAL NO S~ cH ► ~~LOT;:/ ` -l RECREATION ME TOPO. YAP SHOWN ON t4l SHE 1 15 l BUILDING ANQ S to MO Al A CENCII to TRAM THE MAR, VLL Of LAVI D W P t ' A ~1 1~ I EXISTINO EO+TRAaOa SHALL u x ~ r p "mss' TENNIS AND GRADES tOR 1HE PROxC COURTS NcLux IN nor. EASE 9aD S260 L 49 PER SHEE1 CO.t lr ~ \ ;•;','L~1 c~.lnranr~+2 c,i1s~.~, RI ian~ r 1 f I y !!t ~tEt A-1 3~ }J t.. I~ I or a` ' M r t 'r r ~ N T ~gefiQdNO ~ dltem l1'~- fr'-,,1. CITY OF DENTON CITY COUNCIL MINUTES April 13, 1993 l The Council convened into a Special Call Session at 5:15 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Council Members Brock, Chew, Perry, Smith and Miller. _ ABSENT: Mayor Pro Tem Hopkins 1. The Council convened into the Executive Session to discuss the following: A. Legal Matters i 1. Considered Goldfields* claim. i B. Real Estate C. Personnel/Board Appointments 2• The Council received a report and held a discussion regarding jurisdiction of juveniles charged with Penal Code and other State statute offenses and gave staff direction. Sandra White, Municipal Judge, stated that the issue was whether cases could be transferred from Criminal court to Juvenile Court even though the juvenile may not have had any convictions in a Municipal Court and, if those cases could be transferred, what would happen from there. The Legal Department felt that the cases could be transferred and that there might be some procedures which needed to be used to undertake the actual transfer. once that was accomplished, did the Juvenile Court have jurisdiction or could they send the cases back to the Municipal Curt. White presented the Council with three handouts regarding the issue which was included in the agenda back-up. The cases which White was referring to did not deal with any traffic cases as those cases could not be transferred nor could municipal ordinance violations. The offense dealing with public intoxication required those cases to be dealt with in Juvenile Court if the violator was younger than 17 years old. Council Member Miller asked what other cities in Denton County were doing. White replied that she was not sure what others were doing, Judge Whitten, County Court at Law $1, stated that other cities in Denton County were handling their own juvenile cases. Agenda No Agenda Item,, pate City of Denton City Council Minutes April 13, 1993 Page 2 Peggy Fox, Chief Juvenile Probation Officer, stated that other cities were dealing with first time Class c offenders by working with counseling programs or a teen court to be dealt with by their peers. If the case went to Juvenile Court, there tended to be repeated violations whereas if the cases were handled in Municipal Court there tended to not be repeated violations. Whitten stated that there was a section of the law which indicated that the Municipal Court may transfer cases but it was the presumption of the law to handle the cases in the least restrictive way which was in Municipal Court. The ramifications for cases in Juvenile Court and the punishment could get very serious. Teen courts currently in session operated for approximately $200 per year so that it was not a great cost to operate a teen court. There could be serious problems to transfer cases to a higher court. Mayor Castleberry asked if the question was jurisdiction of the cases. White replied that that was the broad issue. Mayor Castleberry asked what was needed to be decide by the Council. White replied that the reason the item was on the agenda was that in 1991 the Council took the position that if the law allowed the C-4 to waive its jurisdiction and send the cases to the Juvenile Court, that should be done. She wanted to know if the Council wanted to continue that practice. Council Member Miller questioned if Council should look at the total system and find out what was best for the juvenile offender, for the family and for the City. If were just an issue of jurisdiction, tho issue seemed simple. He felt that the issue was to give direction to staff to look at and study the whole issue in terms of doing a procedure which would be jurisdictionally correct and was best for the offender and the costs involved. Council Member Perry asked how many municipal courts in Denton County handled their juveniles. Whitten replied that all do of the courts did which was the presumption that Municipal Courts would handle Class C cases. Council Member Chew asked for more information regarding a teen court. Agenda No Agenda i tem_ ot3'e City of Denton City Council Minutes April 13, 1993 Page 3 Whitten replied that a case would go to Municipal Court, be pleaded guilty or no contest and then be referred to a teen court to determine what sentence would be dealt the offender. That court j could be done with volunteers and did not have to be part of the City. council Member Chew suggested that the City might want to look into the possibility of a teen court. Council Member Brock stated that she had seen information from Odessa regarding their teen court. Their court had a paid employee to run the program. She suggested exploring all of the ramifications of such a program. Whitten replied that it did not have to be a great expensive project. The Lewisville program was an excellent program and was not funded by City to a great extent. That teen court had approximately an 80$ success rate. Council Member Perry asked if the Lewisville procedure began in Municipal Court and was referred to teen court. Whitten replied that that was one way to go. When the police I arrested a child, they had the option to directly refer the case to the Lewisville teen court. Council Member Perry asked if the Juvenile Court could take these cases. 1 Whitten replied that the court was permitted to take the cases but she was reluctant to do so unless there were unusual circumstances. There were case laws which permitted the record of a young person to be used against him until his 23rd birthday. Each conviction increased the possibility of possible liability for additional future punishment. There were some cases now which allowed i prosecutors to increase the punishment as a child got into trouble again. Council Member Perry asked if that were not the same Municipal Court, procedure for Whitten replied that she did not know if the prosecutors would want to do that with Municipal Court. A case handled in Juvenile Court might look more serious on paper than it actually was. Mayor Castleberry stated that the jurisdiction issue should be settled and then look at other possibilities. i i AovdaNo ApidVlem' Rate_ :1 'City of Denton City Council Minutes ~~%?~✓~J April 13, 1993 Page 4 I White stated that she was not in disagreement with Whi':ten regarding the philosophy that the law allowed the Municipal court to waive the jurisdiction and send cases to Juvenile Court. White felt that Whitten thought there might be a better way to handle the cases. Whitten stated that the jurisdiction was set by law. She stated that the Municipal Court should accept the responsibility to accept the jurisdiction. Mayor Castleberry stated that he thought there was some disagreement of which court had jurisdiction of these cases. White replied that she did not know if it was settled in terms of public intoxication cases. Whitten stated that she wanted the DWI and PI cases. i White stated that the procedure for a first time offender was that the police would file the case in municipal court, the Municipal Court would waive the case to Juvenile Court. Judge Whitten would decide to take the case or not take the case. The original position of council was to send all juvenile cases to Juvenile Court and not pick and chose cases. Whitten felt that there might be a need to do a due process hearing on a case by case basis. Based on that hearing, it would be determined which court would handle the case. Mayor Castleberry asked if the law allow that process. Whitten and White both replied yes. Council Member Miller asked if all cases were now being sent to Juvenile Court or were they not being handled at all. Whitten replied that they were not being handled at all. white replied that originally the cases were going through the Diversion Program but that that had ceased to happen. Council Member Miller stated that he felt Council should begin working on jurisdiction so that some cases could be handled in the system and then differentiate those cases from ones which must go on. White replied that once the cases were given to Municipal Court, the Court must begin to set up a docket to handle the cases. If the City did not waive jurisdiction, there must be a court Agenda No Agendalterrt Date_ t"! _ .'-.SI City of Denton city council Minutes 'Y' April 13, 1993 Page 5 mechanism set up to begin to handle those cases. There were constraints to do such a docket at this time and the personnel to do such cases. Mayor Castleberry asked if there was any disagreement about jurisdiction of these cases. Whitten replied that the jurisdiction was set by law. The Family Code suggested going toward the least restrictive program to handle these cases. As far as the paper work involved, these cases could be handled like adult cases but kept separate. Council Member Miller stated that these cases were not currently being handled. He asked what would happen if 10 cases were filed today. White replied that no one handled those cases at this time but that the City had original jurisdiction. Council Member Chew felt that part of the problem was with the Council's decision of October 1991 and Council now needed to decide whether to rescind that waiver. Mayor Castleberry suggested that Council was requesting to return the issue to staff and have staff do a report with possible recommendations. Council Member Chew felt that a discussion would be needed to determine what needs had to be addressed along with possible budget items. Council Member Miller felt that staff needed to explore the possibilities as expediently as possible for jurisdiction and what was best for the City and for the juveniles. He suggested looking at alternatives such as teen court and perhaps go in a different direction than what was being done now. Council Member Perry stated that Judge Whitten would take the PI and DWI cases. Whitten replied that was correct. one of the problems was that cases were not currently being filed and she wanted to handle the cases which were appropriate to handle. Carl Williams presented information from the Texas Youth Commission which was included in the agenda back-up. He was concerned with the policies set up by the DISD regarding their discipline program. He was concerned that there were still questions remaining kendaItem &-t _w City of Denton City Council Minutes l April 13, 1993 Page 6 regarding the policy. He felt that the City needed to be more aware of how the policy would be handled and recommended that the City look very closely before it became involved in this program. _ Mayor Castleberry felt that the consensus of the Council was to ask staff to look at various avenues to solve the problem. Council Member Brock felt that something needed to be done to deal with cases not being handled. The issue needed to be settled. If the suggestion was to rescind the earlier ordinance, then Council needed to know how to do that, how much that would cost, and how it would be paid. i Council Member Perry stated that it needed to be determined which cases to waive and the conditions to waive to Juvenile Court. White stated with the School District situation if the Police Department went to a school and issued a ticket or arrested a juvenile and decided to file the case, the Municipal Court did not have authority to not file the case in Municipal Court. If a juvenile were charged at a school with an offense, the case would go to Municipal Court regardless of whether, after review, it was felt that the case would be better handled in Juvenile Court. Any case which was a Class C misdemeanor would first be filed in Municipal Court. Previously all cases were being transferred out of Municipal Court to Juvenile Court. Council Member Miller suggested directing staff to prepare an ordinance to rescind the action to waive all jurisdiction tallow Municipal Court to determine whether to keep a case or send it on to Juvenile Court. That procedure would have implications such as cost, time, procedure, and equipment to consider. Those implications would suggest what could be done and beyond that start immediately and expand in a proactive way such as teen court and counseling. Council Member Smith suggested that there be communication between the Police Department and the judges to determine the DISD policy. City Manager Harrell stated that Chief Jez had been invited to go with a task force from the DISD to view a school which had this type of policy in effect. Chief Jez attended that visit but after that there was no further communication from the DISD until the City was informed, after the fact, that the policy had been adopted. This was an issue which would probably fall back on the Council and School Board. If the Council was not interested in enforcing the policy, it could direct the City Manager to inform Chief Jez to not respond to DISD requests. This was a question ApondaNo o lc" Bed_ City of Denton City council minutes April 13, 1993 Page 7 which needed to determine policy. There had been no commitment from Chief Jez on handling those kinds of cases. The council needed to determine how it would handle the DISD policy. Whitten stated that some Denton officers had approached her about the fact that the Class C misdemeanors were not being handled. The officers were frustrated and concerned about such cases in the City. Mayor Castleberry felt that the consensus of the council was to move ahead as quickly as possible and to have staff work on the details dealing with juveniles in Municipal Court. I ~ White agreed with Council Member Miller's suggestions that the Council first needed to decide whether to rescind its previous directive regarding the handling of juveniles plus the immediate problem of not filing cases. The next step would be to determine long-term issues such as teen court. Judge Whitten suggested that the council might want some statistics on the number of cases involved. Consensus of the Council was to include the item on the next work session and then possibly a formal agenda item. 3. The C Council received a report and update on the State's progress with the d Hartfelt discussion esociety and gave staff direction. I City Manager Harrell stated that this item would be placed on the Council's agenda for the next few meetings in order to provide Council with an update on the situation at Hartfelt Humane society. Catherine Tuck, Administrative Assistant, stated that since the last Council meeting several events had occurred. Animal Control I Officers, several times a day on a daily basis, were going past the facility, to do a drive-by inspection. The officers were keeping track of the type of animals seen and if there were any kind of l activity that could be seen from the outside of the facility. To date, the same three dogs had been seen on the property. Hartfelt was an animal shelter and also a training/grooming facility. It was hard to distinguish why an animal was at the facility from the outside as it could be there for adoption or for other purposes. Jerry Drake, Assistant City Attorney, was in close contact with the attorney for the Texas Department of Health and had begun weekly correspondence with that Department. He had also drafted a letter J expressing the City's concern and asked to be kept apprised of the 1 situation. ~J'-1 3 Date City of Denton City Council Minutes '~.5 J April 13, 1993 Page 8 Nonie Kull, Environmental Health Services Manager, had been in contact on a veteranrian level, with the Texas Department of Health. Kull explained the Council's concerns and the public's _ concerns and requested that the Department continue enforcement activities and keep the City informed as well. The Department had been at the shelter once since the initial inspection. During the second inspection, an adoption was taking place which resulted in a more forceful action from the Department regarding noncompliance. The Department had indicated that it would continue to enforce the State statute and might ask the City for assistance. Tuck suggested that the City staff be a focal point for the gathering of evidence which would be sent on to the Department of Health. uncil Member Brock stated that members of the Hamane Society had been in touch with the Department's vetenary staff and had several calls regarding the facility. Council Member Smith questioned a letter sent to Hartfelt regarding discharge from the facility into a nearby creek. Was the 20 day waiting period according to City ordinance. Tuck replied that the letter referred to a section of the City code which required a 20 day time period. Council Member Miller stated that he had a problem with a 20 day time period to wait for abatement. There must be something else which could be done especially in the case of a contaminant being discharged into a creek. City Manager Harrell stated that staff could investigate whether it would be possible to amend the City ordinance or if a State statute was involved. Council Member Miller stated that there needed to be a differentiation between a nuisance and an immediate health problem. City Manager Harrell stated that the ordinance set up an administrative appeal process which an individual could use to refute an allegation against him. There was a due process framework involved. Council Member Miller stated that within that framework there must be procedures which the City could do regarding the discharge. Tuck stated that th'd case was similar to a building inspection case. There were certain times when the City had the right to inspect a building, if there was a complaint that a building was substandard, there needed to be evidence to go in and inspect the __L3Ar%_ _ N5103 N1 Apellaltem,,~ Date__-,- - City of Denton City Council Minutes l April 13, 1993 Page 9 1 i t building. Hartfelt had ordered the Animal Control staff off their property and could have them arrested if they returned. There needed to be evidence and an affidavit of probable cause to get a search warrant to go into the facility. Debra Drayovitch, City Attorney, stated that the provision in the ordinance stated that the City may enter where authorized by law. There were only narrow exceptions where police officers or animal control officers could enter property without the owner's consent. Restaurants were open to the public so access was easier. Council Member Miller felt that there should be a similar type of ordinance for this type of case. If a search warrant was needed, then the City needed to get such and follow :hrough with the process. City Manager Harrell stated that the City's p.3sition to date was that there was a State statute and that statute gave authority to a State agency the responsibility to enforce that statute. Staff would work diligently with the State agency to collect evidence, , help to monitor the situation and mako sure that the State followed through with the statute. Council Member Miller felt that with a more serious violation, there needed to be more aggressive and pointed action. If there were no city ordinance regarding contaminants going into a stream and there existed a condition similar to the one alleged at Hartfelt, would not the City want to take more action than merely following through with State procedures. The current ordinance had references to private citizens and other situations but nothing to deal with a situation which involved state regulations. Mayor Castleberry asked 1.f the letter from the State to Hartfelt indicated that Hartfelt could no longer operate as a shelter until it was in compliance. Tuck replied correct. Mayor Castleberry stated that the facility should be closed and that City people could not go on the premise. Could it be determined if the facility was still operating as a shelter. Kull stated that she had no indication that the facility was { operating as a shelter. There was activity there but the animals on site could be the personal property of the owner of the property. Those particular animals had been seen at the owner's residence. i ~ I ~ i i i City of Denton City Council Minutes April 13, 1993 i Page 10 i Mayor Castleberry asked if grooming activities could be done. Kull replied that Hartfelt could not operate in regards to sheltering stray and unwanted animals. Mayor Castleberry stated that dog grooming could be done. f~ Kull replied correct. Council Member Brock asked if there was an adoption efter the shelter was to have been closed. t Tuck replied that the State letter indicated that an animal was adopted after the first inspection had been done. M Council Member Perry asked if hooK worms were a concern from the discharge in the creek. Kull replied that it might be a possibility but not a strong E probability. Tuck presented Council with a handout from Kull regarding the condition of the dogs from Hartfelt. Mayor Castleberry asked if the City cor,ld ask the State to make another inspection. h City Manager Harrell replied yes and that the City had been encouraging the State to make those inspections. If the City could not get sufficient response from the appropriate appointed I officials, it might be necessary to contact the appropriate legislators to get the inspections done. Mayor Castleberry asked if the City could go to the State and ii indicate that it was suspected that the Shelter was still in operation. Tuck replied that that could be requested. Council Member Miller expressed a concern to prevent this situation i in the future. He suggested studying Chapter 6 of the Code to determine if such a situation could be prevented from occurring again. City Attorney Drayovitch replied that staff could look at areas where the City was not preempted by the state and prepare more regulations for the Council's consideration. 1 aCe~datfam__L]",J~__ Rjto "1. City of Denton City council minutes April 13, 1993 U Page 11 Mayor Castleberry asked if Council would like staff to contact the State Health Department and ask for the quickest possible reinspection of the Hartfelt facility. _ City Manager Harrell suggested that Council might direct the Mayor on behalf of the Council to make contact and formalize that request. Perry motioned, Chew seconded to authorize the Mayor to communicate with the State Department regarding this issue, on roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Smith asked staff to review the current ordinances regarding animals and the discharge of containments into water. 4. The Council received a report and held a discussion regarding alternatives to the ad-valorem tax and gave staff direction. John McGrane, Executive Director for Finance, stated that at the last Council planning session, a Lief presentation had been made regarding the problems associated w.,th the ad valorem tax. The ad valorem tax had two uses cf the revenue which was received. one use was to pay the debt service on g.m,)ral obligation bonds, certificates of obligation and contractual obligations. As discussed at the planning session, a general rule of thumb was a one-third percentage to debt service and a two-thirds percentage to operations and maintenance. The other use was for the general fund operations and maintenance budget. This was approximately one- third of general fund revenues which was a large portion of the fund. The only way for the tax to grow was for new development or an expansion of the market value of property. A problem with the ad valorem taxes was the effect of tax exempt properties on the tax roll. Denton had a considerable amount of tax exempt property within its corporation limits which took away from property being added to the tax roll. The presence of those institutions stall required services to be provided to those areas. A final area where ad va',orem taxes, as a primary general fund base, caused problems was in the area of competition for tax dollars. The City currently competed for ad valorem property tax with the County and the School District. City Manager Harrell stated that Lewisville had a population approximately two-thirds the size of Denton. To get the same amount of revenue in proportion to the assessed value, Lewisville's tax rate should be approximately $.47. McGrane's chart and other back-up materials illustrated why Denton was at such a disadvantage by relying heavily on property tax due to the kind of community it I~ 1 i 4j9ndaNo City of Denton City council minutes April 13, 1993 Page 12 1 i was. Denton's tax rate was high because it had a low assessed ± valuation compared to other cities of the same size. Council Member Perry indicated that limitations of non-profit organizations had been noted which indicated a negative cast. He also saw a positive cast to those organizations. McGrane replied that the limitations were as they applied to the ad valorem ta%. There were other offsets in the areas of revenue which would be an asset in those cases. Those institutions which were tax exempt would help contribute toward the financing of basic services through payroll tax dollars. The limitations of those institutions were only in regards to the ad valorem tax. There was a need to look at alternative rovenue sources which took those limitations and made them assets. In order to be fiscally responsive to the changing environments, alternative revenue sources needed to be explored. One alternative was the sales tax. The State Legislature was looking at a possible amendment to the state tax code which would allow Denton to vote on increasing its sales tax percentage in one-eighth increments up to a maximum of , one-half of one percent. This would allow those areas that were tax exempt to help contribute toward the financing of basic services. Council Member Miller asked what the ad valorem tax would bring in for this year. McGrane replied approximately $13.1-13.2 million which was a combination of the debt service and the operation and maintenance. The general fund side was approximately $8.9 million. Council Member Milicr asked if $3 million were received through a sales tax and reduced property tax in the dame amount, the tax would be reduced approximately 20-25%. McGrane replied that it would be estimated at $.12-$.16 on the basis of $.71. Council. Member Perry asked for the advantages of levying a sales tax and decreasing ad valorem tax to the same amount as far as gaining revenue. McGrane replied that it would not be a revenue gainer. None of these alternatives would be revenue gainers. The first concern was of using ona third of the ad valorem tax into the base of the general fund. When that base was reduced, taxes had to be increased in order to keep even. With a sales tax, the base was spread out so that it was more reliable over time and did not have 1 1 f Agenda No Cate i City of Denton City Council Minutes April 13, 1993 Page 13 fluctuations in the rate. City Manager Harrell stated that the half cent sales tax legislation indicated that if a city voted in the extra half cent sales tax, it had to lower property tax with a like decrease. Because of the nature of the make-up of Denton, a sales tax increase would spread the available revenue throughout the community and not rely so heavily on ad valorem taxes. There would ' be a shift from the property tax to other sources. For industrial development purposes, new industries focused on property taxes. Denton would always have a large property tax rate unless other sources of revenue could take the place of the property tax. Council Member Miller stated that he was a svpporter of the universities, but in the tax revenue situation, the half cent sales tax would not bash universities, but Pnhance the city. The universities were a liability in regards to ad valorem tax rates. McGrane stated that another alternative to the ad valorem tax was impact fees. These fees were assessed on properties based on the additional costs of service a particular development had on the City. It would shift the burden •;F paying for increased service levels based on the increments of those new properties. Council Member Brock stated that several years ago there had been a committee which looked into the possibility of formulating and instituting impact fees. The Legislature passed a law which made it extremely difficult to assess an impact fee. The Committee concluded that it would be almost impossible to pass such a fee. City Manager Harrell replied that the law had been clarified since that time. The vast majority of cities in the area now had impact fees. Council Member Brock stated that at this time an impact fee would not have a large impact on the City. This was not a short term solution at this time. City Manager Harrell replied that it would be another tool to help on an increment basis. It would not help immediately but if it were on the books, it would be easier to institute. McGrane stated that the next alternative was user fees which centered on the premise of those who use the service pay for the service. The concept was that the revenue received from the fees either totally or substantially paid for the cost of the service provided. Types of services in the alternative might include ambulance fees or restaurant inspection fees. It was recommended Ape~~daMo _.._1~ City of Denton City Council Minutes April 13, 1993 page 14 that if this type of fee were to be considered, a comprehensive revenue fee study be done in order to determine the actual cost of service. A Storm Water Utility might be another mechanism to take some of the cost from the ad valorem tax and move that to another area which would hold or decrease the ad valorem tax. Park dedication fees, an additional alternative, would utilize fees from the broad general tax base and apportion them to specific areas which were tied to various developments. A park dedication fee would require mandatory cash contributions and/or land dedication of park and recreation facilities. Currently the City had a voluntary program and Council might want to discuss whether to make such a program mandatory. City Manager Harrell stated that several years ago the City implemented a voluntary program for developers to encourage them to make a dedication of park land. There had not been much development since that program was instituted but with the development which had happened, the program was not working. Most cities had a park dedication fee. Denton dealt with parks only from property taxes. McGrane stated that the last alternative was special districts/ special assessments which were a means of creating districts that generated revenue to pay for specific purposes. i City Manager Harrell asked the Council if they were interested in going forward with any of these suggestions. Council Member Miller stated that he was interested in pursuing the investigation of these options and asked for more information in order to facilitate better planning. Consensus of the Council was to investigate all the options for further study. 5. The Council received a report and held a discussion regarding auditing the G.T.E. franchise agreement and gave staff direction. John McGrane, Executive Director for Finance, stated that the City had franchise agreements with the major utilities and some smaller utilities for the use of City right-of-ways for utility lines. The GTE franchise started in the 194009 and was established for a 20 year time period. From the 1940's though the 19800a telephone billing was a very simple process with local service and long distance service. The accounting for the billing was very simple and most of the agreements were based on that simple billing process. The City's agreement with GTE stipulated a billing of 21 of the annual gross receipts for local exchange transmission Aovda No lwe City of Denton City Council Minutes April 13, 1993 Page 15 service. The 1983 agreement was approved for 20 years and could only be changed by mutual agreement between the two parties. An audit of the franchise :toted an error in the formula for determining the percentage. The formula only addressed what GTE considered to be the gross receipts for local exchange transmission services. With the breakup of the Bell system, revenues were accounted for in various other codes and the audit verified that i j certain customer codings were not included in the base calculation of the formula. As a result of the audit, GTE changed its base to reflect the proper allocation and there was no indication that the formula was not being allocated correctly. The City of Garland had sued GTE on what should be included in gross receipt revenues. If the City desired to review the franchise agreement and/or the receipts from the enforcement of that agreement, four types of action could be taken. (1) Do nothing and collect 2% under the revenues that GTE indicated. (2) Send out for request for proposals to audit the books to determine if the formula was correctly being applied and how much potential revenue GTE not paying. (3) Look at joining in the legal process with Garland and have a lawfirm represent the City in order for the courts to determine what the definition of gross receipts for local transmission service should be. (4) Discuss the situation with GTE and try to redefine the franchise agreement. There was a preliminary indication that GTE might be willing to look at the agreement and may be developing some type of proposal. Council Member Miller asked if GTE considered s.;ch services as service repair, directory assistance, and operator assisted calls as non-local services. McGrane replied that those services were not used for the transmission of local service. GTE's basic argument was that they were paying for the use of right-of-way for their lines and that those services were not included in the service for local transmission of calls. Council Member Miller asked if the main area of dispute was what was included in the base. McGrane replied that there were two areas of dispute. one was if the base was being reported correctly and the second was what was in the base. He suggested if the agreement were amended that it clearly define what was included in gross revenue, whether to go from a point forward or go back and to limit the number of years for the agreement due to rapid changes in technology. 1 r h I F I ' AgendaNo I City of Denton city council Minutes ar7 April 13, 1993 l Page 16 1 I i I Council Member Miller stated that the current agreement would go to { the year 2003. GTE had not voluntarily agreed to review and amend the agreement. With the remaining 10 years of the agreement, there was a dispute as to what was included in the base. McGrane indicated that the inclusion of the phrase "for the rendition of local exchange telephone transmission service's was included in second franchise. I Council Member Miller asked if there was a basic difference with GTE at this time. McGrane replied yes in the definition of what was to be included in the gross receipts. Council Member Miller asked if the City asked for an audit, would it be reasonable to see how much the amount would be and then go on from there. McGrane replied that after an audit it would be necessary to determine if the City would want to go back retroactively or mutually agree to go forward from a certain point. He asked for direction on whether the Council wanted him to contact GTE to see if they would be willing to amend the agreement. If not, did the Council want a request for proposal for an audit or for legal services. or did the Council wish to not pursue the matter. Council Member Miller suggested talking with GTE to possibly make changes. McGrane stated that that was done in 1988 and GTE did not agreed to do so. Consensus of the council was to have preliminary discussions with GTE to determine if they would be agreeable to make changes in the franchise. A report would be made to council and council would then make a decision on how to proceed. 66 The Council received a report and held a discussion regarding a storm water utility and gave staff direction. City Manager Harrell stated that approximately 9 months ago, Council received a citizen committee report regarding this subject. After intensive study, the Committeets recommendation was that the City should move ahead and form a storm water utility system in preparation for new EPA mandates. Council held a formal public hearing concerning the ordinance to establish a storm water utility system and at that meeting voted to table the ordinance creating I f i agenda Na City of Denton city council Minutes Il~`~ I April 13, 1993 Page 17 the utility and gave staff direction to bring the matter back to work sessions for further discussion. Council held several meetings regarding the issue. Out of those meeting, staff interpreted that Council consensus was to ask staff to produce specific information regarding any remaining questions. out of those meetings, there was a sense that some time in the future the City would probably need to establish a storm water utility. It appeared that the City would come under the EPA regulations on October 1, 1994. When the utility was established, there would be certain guiding principles that the City would take note of which would guild future councils as they moved to implementation. Staff would like to respond to any further Council questions and have Council look at the draft resolution which was prepared in order to formally consider it at a future meeting. Bob Nelson, Executive Director for Utilities, stated that there were three or four remaining questions the council had regarding this issue. (1) What kind of major projects were anticipated in the storm water drainage area. Two different documents were included in the back-up regarding those projects. One was a list of approved storm water/drainage projects that the Planning and zoning commission and the Council had approved to be included as part of the capital improvement program. The second part of that list included projects in the planning process at the present time and operation and maintenance equipment which were being looked at as part of the operation budget. The second document was a list of projects of current needs, (2) What type of improvements could be made in the central part of the City with channel improvements and possibly narrow the flood plains, (3) Camparison of rates was another Council question. Staff had looked at many different options such as what was presently collected from the residential customc,r group, what would be collected out of that group if a $1.25 fee were charged with different alternatives for varying amounts. Jerry Clark, Director of Engineering and Transportation, presented proposed cIp projects, the list of which was included in the agenda back-up. Operation and maintenance enhancements were included in the list of projects. City Manager Harrell stated that none of the projects on the list were funded projects and no bond money had been approved. Any projects needed to be done from the property tax dollars would compete with other projects. Council Member Brock asked if the estimated $800,000 per year would take care of the debt retirement. 4 f i i I M City of Denton City Council Minutes April 13, 1993 Page 18 V i City Manager Harrell replied that that was part of the debate. If 1 all of the current $800,000 worth of expenditures were picked up, the answer would be no. It would have to be higher than that to take on some of the above projects. If the current debt were left on the property tax side and enough fees were generated to reach the $800,000 level, there would be enough bond capacity to fund the projects at the $1.50 level. Council Member Chew left the meeting. Clark presented a detailed list of needs which were included in the agenda back-up materials. Those indicated needs in the community which in the long term would provide a good drainage system. There was a lot of land which was being affected by poor drainage and possible flooding and a good 'drainage system would help solve some of those problems. Lee Allison, Director of Water Engineering and operations, presented a comparison regarding fees vs. tax comparison by rate class which was included in the agenda back-up materials. The residential fee needed to provide $800,000 for a storm water utility would be $1.50 per unit and $14.92 per imperious acre for commercial activities. He also presented a comparison of $400,000 out of fees and $400,000 out of taxes. Fees for $400,000 would be $.75 for a residential unit and $7.46 for imperious acre for commercial activities. He presented various graphs detailing the comparison of the effect of a fee on various businesses. City Manager Harrell stated asked if the resolution captured the guiding principles as requested by council and asked for direction on how to proceed. The options were to put the resolution and ordinance back on agenda for the April 27th or the May 4th meeting or take some other action from Council. Council Member Perry stated that it was difficult to decide on the resolution before it was settled on any type of solutions. He felt it would be better to decide the question of implementation prior to making the decision to have a storm water utility. It was part of the decision making process. Policy issues should be discussed before the Council had decided to have storm water utility. He ' would rather take time to do the policy decisions now. Mayor Castleberry felt that the resolution would help further the utility along in the process but that Council would not be locked into it at that point, Council Member Miller s'.ated that when the Council dealt with the rate structure, there would be public hearings and if the Council f Aper~tlaUam~.,/~S X O_.✓r_~t City of Denton City Council Minutes April 13, 1993 Page 19 had not decided on establishing a storm water utility, it would be difficult to direct staff on how to proceed. The resolution put the Council on record as to which direction to go. As long as the City was dealing with ad valorem taxes in this area, it would not be doing a complete job. Council Member Perry stated that it was hard for him to make such a decision without the facts in advance. a council Member Miller felt that the Council should proceed with the resolution. Mayor Castleberry stated that he was ready to move ahead with the project. Council Member Brock stated that one of the advantages to making the decision to establish the utility was that there would be a framework to begin discussions and provided the need for other details. The resolution would get the Council to a position to where the Council could proceed with a detailed study and public hearings. Council Member Smith expressed a concern that the fees would not be used for what the public had perceived which would be for the new EPA mandates. If the fees were used for drainage projects instead of EPA projects, she would have a problem. Council Member Perry stated that the EPA mandates would not be required until 1994. There was a plan currently in operation with funding for that plan. He felt there was plenty of time to consider the policy Issues involved and to have all in place before approval was given. Council Member Miller felt that if the drainage issues were placed in the regular CIP with all the other projects, the City would not be in good shape for drainage and flood control. The storm water utility represented the vehicle to proceed wit's those types of projects. After public hearings were held, the Council might decide not to proceed. The resolution and ordinance would force the Council and the citizens to zero in on drainage problems. The EPA requirements were important but there were many other issues involved in the process. Council Member Smith stated that the Council and staff would need to help the public understand the change in the needs and an education process was needed. it I a%'~ . City of Denton City Council Minutes` J April 13, 1993 1 Page 20 { 1 Mayor Castleberry asked if the Council would like to put the resolution and ordinance on the 27th city council agenda so that all members could consider the items. Brock motioned, Miller seconded to place the resolution and ordinance regarding the storm water utility on the City Council t agenda for April 27th. On roll vote, Brock "aye", Miller "aye", Smith "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-1 vote. City Manager Harrell stated that there had been one public hearing on the ordinance and did the Council want another public hearing regarding the matter. Consensus of the Council was to proceed with a public hearing on the items, 7. The council received a report and held a discussion regarding Community Development Block Grant priorities and gave staff direction. Lloyd Harrell, City Manager, stated that at the Council's mid-year planning session, the Council had discussed the Community Development Block Grant program. Specifically, a concern was expressed regarding the amount of money in the program which was I rising dramatically over the past year and the good possibility of the City receiving HOME dollars which would provide more money for housing rehabilitation. This was one of the few areas in which the Council could have some policy discretionary authority. Based on that, Council had asked staff to look at the currant policy and make suggestions on how to incorporate the Council into the decision making process regarding Block Grant funding. Staff had proposed a policy which gave Council more input but would not diminish the role of Committee. The two changes in the process included (1) schedule with Council briefings about eligible rankingt ofBe penditures projects blockngranthave money. These would priority , general directions for staff and the Committee. (2) Currently all city departments submitted their proposed projects independently for Block Grant money. A proposed change was to have internal rankings done +iy the administrative staff and give all the projects to the Committee. After that, the process would proceed as it currently did. These revisions would Involve the Council more in the decision making process, These proposals had not been discussed with the Block Grant Committee but If Council was comfortable with the procedure, staff would proceed with the process. 4 r~ Agea~all9m_.L~---~ Da~e__~~1~r- 93 City of Denton City Council Minutes April 13, 1993 Page 21 Barbara Ross, Community Development Administrator, stated that the current priorities were set by Council several years ago and the idea of Council setting priorities yearly kept the Committee current with the Council's wishes. Council Member Brock asked if the Council would establish a set of guidelines for the Committee. Ross replied correct. Council Member Miller asked how that would tie in with the rankings from the administrative staff. City Manager Harrell stated that it would be a combination of both. The Council would give the general guidelines and as part of the process, the Council could suggest specific guidelines to be included. The staff recommendations would be on an equal footing with other recommendations. Council Member Miller asked if the Committee was aware that the Council was suggesting a change. Ross replied that the Chair of the Committee was aware but the whole Committee was not. Council Member Miller suggested taking the proposals back to the J Committee so that it was aware of the proposed changes. 1 Council Member Smith stated that her question also related to the Committee and she agreed with Council Member Miller that the proposals should be reviewed by the committee before they were implemented. Council Member Brock asked if the Council had ever not followed the { CDBG Committee recommendations. Ross replied that the Council had always followed the CDBG Committee recommendations but not always the Hunan Resources Committee recommendations. j Consensus of the Council was to take the proposed recommendations to the CDBG Committee. Ross asked if the CDBG Committee supported the proposed changes, { did the Council want to discuss them again or implement the changes in 1994. 1 I 1 s 1 ~,I R r1a l0___1' City of Denton City Council Minutes 1 ✓ I April 13, 1993 l' Page 22 1 I Consensus of Council was that if the Committee agreed with the changes, they would be implemented in 1994. 8. The council received a retort and held a discussion reqarding the Vision for Denton - 21st Century project and gave staff direction. i I I City Manager Harrell stated that visits were being made to the seven agencies which had been identified as sponsor groups for the project. A visit had been made to the chamber of Commerce and a presentation made to the combined Board of Directors and the j Economic Development Committee. The Economic Development Committee ! had recommended approval by the Chamber. A commitment was needed from the City to be a sponsor for the project and a decision on which Council Members would be on the Committee. The Mayor would be the chairman of the project and the City Manager would be the project manager. Council needed to discuss where a vision room would be located which would be a communication room where groups i could meet and where projects could be displayed. The Planning Committee felt it should be in a City facility if one might be available. The final consideration was the city's contribution as far as the budget was concerned for the project. Council Member Perry suggested using the term "communication center" for the project rather than a "vision room". He expressed r. concern regarding the formation of a cabinet which would have a monitoring overview function of the council. The impact of that cabinet was noted throughout the document presented to :ouncil. He felt that Council was not in a position to authorize a group to have a monitoring function of the activities of the Council. That was not acceptable to him and he felt it was not in the Council's authority to do so. Council Member Miller replied that the cabinet would not monitor i the council but would rather monitor the progress of the project. The sponsoring agencies would have representatives on the cabinet who would help keep the project on track. There would be a reporting process to keep the project moving and to suggest ways to I keep working on the project. Council Member Perry replied that the cabinet would be the overall policy making group for project. The Council was one of the main I agencies of the project. The cabinet would be the policy making group which would determine policy with respect to the visioning project for the City Council. Perry listed other responsibilities for which the cabinet would be responsible. I ~ I I A0?rdaNa !,pr,nIlem,-mot City of Denton city council Minutes April 13, 1993 Page 23 Council discussed the role of the cabinet in relation to the City council. Council Member Brock stated that one of the goals at the Council's planning session was strategic long-range planning. Strategic planning was thought of as a five to seven planning period and was not as long ranging as Council felt was needed. Council Member Ferry stated that he was excited about project but was concerned about control of the project. There would be fourteen individuals in control of the project. He was expressing his concern about the project and the control of the project. It was apparent to him that there would be difficulties with the control of the project. Perhaps if there was a constitutional base to move from, he might be able to deal with it. consensus of the Council was to move ahead on the implementation of the project. Council Member Smith asked for a cost estimate for the project. City Manager Harrell stated that the item would be on the April 27th agenda and would detail commitment lAvels. 9. Miscellaneous matters from the City Manager. A. John McGrane, Executive Director for Finance, stated that he had been working with First Southwest, the City's financial advisor, regarding the possibility of refunding some of the City's existing debt on both the revenue side and the general obligation side. Three basic rates would need to be watched on the revenue side - the long bond treasuries, the revenue bond municipal rate, and the taxable rate. There was a potential of doing an advanced 1 refund on a taxable issue. It would save a lot of money for the 1 city to do a taxable refunding. Normally this would be done with a competitive bid sale which was a cumbersome process taking at least 45-50 days to completed. Because of the fluctuations of the rate and because of the complexity of the issue, staff was recommending a negotiated sale. An interpretation from bond counsel gave approval to do a negotiated sale. The City would work with an underwriter to negotiate a certain sale date and negotiate a rate. Once the Council decided to go ahead with the project, they would need to move quickly. Staff was anticipating a potential savings with the general obligations in the $1 million range and a savings on the revenue side of apprrximately $2-3.5 million. The City's financial advisor and bond counsel had been involved in the discussions. ~I ApendaNo -!Xe:_e Ageadattem Dale City of Denton City Council Minutes ? ~'J April 13, 1993 Page 24 gg i hold the Sea assist with the planning fortthee CoCouncil unciloscp planning sees iondhad ion on June 25n 26 d anBob Saunders as a d recommended then DFW tAirport oHilton. The sf ormat would be Dimilar as in the past with staff presentations and one day with Council and immediate staff. He would work with Saunders on related topics for Council. Consensus of Council to proceed with the schedule, 30. New Business The following items of New Business were suggested by Council Members for future agendaer A. Council Member Brock asked about an ordinance dealing with public gatherings. There was a problem in southeast Denton on a particular cul-de-sac where individuals gathered on the street and held a party. Technically they were not on private property but rather in the street. She asked about a possible ordinance to solve such a situation. B. Council Member Brock asked about an ordinance dealing with noise coming from automobile radios, etc, C. Mayor Castleberry announced that the face on the "Welcome ' to Denton" sign had been installed during the week. With no further business,the meeting was adjourned at 1Oi56 p.m. 80B CASTLEBERRY, MAYOR 1 CITY OF DENTON, TEXAS JENNIFER WALTOI CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOFF AgrdaNo Agendaltenl._. Iva -4- CITY OF DENTON CITY COUNCIL MINUTES /APRIL 27, 1993 The Council convened into the work Session at 5:15 p.m. in the Civil Defence 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 discuss the following: A. Legal Matters 1. Considered legal action at 1800 Fort Worth Drive. B. Real Estate ` C. Personnel/Board Appointments 2. The Council received a report and held a discussion regarding jurisdiction of juveniles charged with Penal Code and other state statute offenses and gave staff direction. i Harlan Jefferson, Director of Treasury Operations, reported on the alternatives available to the City of Denton for accepting additional Class C juvenile offender responsibility. In February of 1993, the City of Denton stopped filing Class C juvenile offenders with the County Court-at-Law which left the city with a void for processing class C juvenile offenders with the exception of traffic and public intoxication offenses. The only activities the city currently had in place were drug education programs in the school system and community based programs offered by the Police Department. The programs included the DFYIT (Drug Free Youth In Texas) program at the high school level, the DARE (Drug Abuse Resistance Education) program for elementary through junior high level, and the PAL (Police Athletic League) in which any youth could participate but which also received youth referred from the county accused of Class A, B, and C misdemeanors. Mr. Jefferson also reported that the Police Department had one Juvenile officer and one Child Abuse officer. Mr. Jefferson requested the City Council to consider the basic program and responsibility the city assumed if the city expanded its jurisdiction for processing Class C juvenile offenders who have committed two or less misdemeanors punishable by fine only with the exclusion of traffic of public intoxication. The city had to be prepared to accept a case load of approximately 30 cases per month with no projection of the impact for the DISD Zero Tolerance policy. Agenda No _.~/.•3_: . . Aridallem -.~?L__ City of Denton City Council Minutes J April 27, 1993 Page 2 The juvenile cases had to be filed separately and required cloned hearings and to be kept off the city's current adult computer system. The future workload and activity of the Municipal Court was increased because more effort needed to be concentrated on the juvenile cases than adult cases. Mr. Jefferson stated that the Municipal Court workload had all ready increased because of such things as the STEP (Selective Traffic Enforcement Program) grant which generated an increase of 2700 tickets through March of the current year over last year. The city0s revenue increased over 100% the last six months. However, overtime expenses increased in the Municipal Court area as well as expenses for temporary and seasonal employees. It was difficult for the Municipal Court to absorb the additional workload. Mr. Jefferson anticipated that 'if the city accepted the additional responsibility, the city needed to spend an additional $18,698 which included a part time judge, part time clerk, additional overtime for police officers, an additional personal computer, and an additional filing cabinet. Council Member Miller asked if the part time judge would only be needed for seven hours per week. Mr. Jefferson responded that the seven estimated hours was a more accurate estimate than the fifteen hours outlined in the back up materials. Mr. Jefferson stated that the advantages for accepting the additional responsibility included filling a void currently created because neither the county Court-at-Law nor the City were processing the cases; first and second time offenders were discouraged; and it assisted the community in dealing with the problem by making the city safer, increasing security, and enhancing the city image. The disadvantages for accepting the additional responsibility included no enforcement capabilities for processing the cases; and because of lack of enforcement, all advantages would not be realized. In an effort to strengthen enforcement capabilities, Mr. Jefferson outlined some diversion programs. One diversion program was a one dimensional program with one to two volunteer agencies in which juveniles were referred for volunteer services similar to the program conducted in Lewisville. The second option was a teen court which required a lot of community support for the effort. Mr. Jefferson discusseei the advantages and disadvantages of a teen court as outlined 1r, the back up materials. Both programs were completely voluntary. I I ApndaItem, City of Denton city Council Minutes April 27, 1993 ! 1 Page 3 j 1 Mr, Jefferson Outlined staff recommendations which included immediate implementation of the basic program to deal with Class C juvenile offenders and appropriation of the $18,698 needed for implementation. The recommendation also included continued evaluation of the DISD Zero Tolerance policy and the affect on the Municipal court workload, implementation of the one dimensional diversion program, and .4ontinued evaluation of the teen court option. The Mayor asked if t`:e city had no recourse in juvenile cases when the juvenile decided not to pay the fine or chose not to participate in any other program. Mr. Jefferson stated that was correct. Jack Miller questioned how the $270000 figure for loss of revenue was determined. Sandra White, Municipal judge, stated that traffic cases and minor in possession cases currently handled by the Municipal Court for juveniles 17 to 21 could go to the teen court option. Under teen court legislation, juveniles over the 10 to 16 year old age group, as long as they were still enrolled in school, could opt to go to teen court resulting in a loss of revenue for the offenses. Council Member Miller asked if the city could force collection of fines for 16 year olds. Judge White stated that there was no way to force collection of a fine. In a teen court setting, the city could not collect a fine, but only a $10 administrative fee which most cities operating teen courts did not collect. If the Council established some sort of diversion program that allowed the juvenile to go another route other than a straight Municipal court setting in front of the judge, the city had a possible revenue loss because the city could not collect any fines unless the fines were willingly paid. If a diversion program was set u the ` traffic cases and minor in possessionioft nmi to the sestthevoption ofogoing to the diversion program. Further discussion of the teen court program ensued. Council Member Hopkins stated that it was not the night to argue merits of teen court which required a lot of study, a commitment of money and a commitment on the part of the City Council and a lot of other agencies. The Council needed to discuss how to go forward with the current problem. II I Agenda No 123 AgendaIfen_ City of Denton City Council Minutes 1~' ;S7 April 27, 1993 j Page 4 Judge White stated that all sorts of strategic options needed to be determined such as using Council Chambers for the hearings and scheduling the hearings in the evening. Council Member Smith stated that she concurred with Mr. Jefferson's y recommendations and the City Council needed to commit to item it and work on the others. Council Member Brock stated that the City Council had no choice and needed to go ahead and work out the logistics. mne Mayor questioned if the Council should wait until budget time to spend the $18,698 or implement immediately. The consensus of the Council was to implement immediately and requested the City Manager locate the funds necessary. Council Member Miller asked that of the money needed would some of the costs incurred be a one time cost and the rest an annualized cost or for the remainder of tho year, Mr. Jefferson stated that the $18,698 was an annual cost which included the computer and file cabinet which were one time costs. Judge White stated that the judge position listed was also requested in her next fiscal year budget. Council Member Hopkins stated she was in favor of going forward with item one. The Mayor questioned that when there was no recourse for a juvenile who did not pay the fine or carry out the judges orders could the offenders be referred to the juvenile court. Judge White stated that the city had no enforcement ability effort even if the juvenile did not show up, The Mayor questioned what would happen if the juvenile did not show up first time they were summoned to court. Judge White stated that the city continued to send summons through the mail and discussed further efforts attempting to have the juvenile appear. Mike Jez, Police chief, questioned if in fact the juvenile did not appear and the city's juvenile officer worked with judges and their staffs could the city file a case for child in need of supervision and in turn file that with Judge Whitten's court. Dale City of Denton City Council Minutes April 27, 1993 Page 5 Judge Whitten, County Court-at-Law f1, stated that not appearing was not sufficient grounds for filing a child in need of supervision, but she was willing to work with the city in setting guidelines for cases which could be transferred and she was willing to accept the cases. The Mayor responsibilitysfornthe programhand a problem occurr dtforuwhichowe had no enforcement ability, was her court willing to work with the Municipal Judge and take the case. Judge Whitten stated she agreed to take the case and offered to work with the city in setting protocol for such procedures. Council Member Chew stated that the majority of parents were responsible and appeared if summoned by the Municipal Court and the city was dealing with only a few problems. Council Member Brock requested that the Council set up a task force for diversion alternatives soon because of the affect on the entire community. The teen court issue required the cooperation and commitment of a lot of agencies and the general public. Council Member Hopkins recommended that the city gain cooperation of the DISD. Council Member Miller agreed that the City Council had an obligation to take jurisdiction in this matter. Mr. Jefferson stated that the adjusted cost for the rest of year was approximately $11,000. The Mayor stated that the city needed to communicate to the School Board the city's willingness to help, and the Chief had done good job working with them. The consensus of the council was to implement first recommendation. Council Member Chew requested that the committee for the alternative programs be placed on the next agenda to the look at the best program for Denton. 3. The Council received a report and held a discussion regarding the City's Animal Code and an update on the Texas Department of Health's action regarding Hartfelt Humane Society and gave staff direction. Agenda: ~em~'~ Date q-3 City of Denton city council Minutes ` 5J April 27, 1993 Page 6 Administrative provided a weekly update Hartfelt Assistant, the week, the Building SocInspection They were n voluntarily allowed s in by Steve Johnson,Howner of the property, for the inspection. A letter was sent to Mr. Johnson explaining all of the violations of the plumbing and electrical codes which needed to be corrected and a time frame for each of those violations. There ware serious plumbing and electrical cote violations found at that inspection. Since that time, Mr. Johnson indicated to the Building Inspection Department that when they returned they would need a legal document to allow them entry, He would not voluntarily allow them to come onto his property, The Department secured an inspection warrant and served it on Friday, April 23, 1993. A follow-up inspection indicated that the majority of the serious electrical and plumbing violations were corrected. Staff would continue to follow-up to ensure that all remaining violations were corrected. Jerry Drake, Assistant City Attorney, had been in contact with the Texas Department of Health and the General Counsel's Office. The letter authorized by Council to be sent under the Mayor's signature had been received by Dr. Murnane and Dr. Murnane forwarded that information to the General Counsel's Office. A response to that letter had not yet been received. Nonie Kull, Environmental Health Services Manager, had been in contact with Dr. Murnane. Both the General Counsel's Office and the Texas Department of Health's Office indicated that they had not received any complaints since the date that the letter was sent informing Hartfelt to cease operations until they corrected all of their violations. Ms. Coe, Denton Humane Society, indicated that they were working on compiling all of their information which would be forward to the Health Department. Tuck indicated that she had recently received a citizen complaint regarding a puppy adopted from Hartfelt which had died from Parvo. The adoption was done in the March time frame before the letter had gone out from the Heath Department. That information was forwarded to the Health Department but they did indicate that the adoption happened before their letter to the Society indicating that they should no longer be in operation. Council Member Smith asked for the puppy. If the adoption occurred in Marche as notfone letterofrom the Health Department sent in February which indicated that if Hartfelt wanted to continue operation they needed to contact the Health Department for additional inspections. Tuck replied that the first letter in February indicated that there were some violations and at that time Johnson and Gil voluntarily released any animals to the City's Animal Control Officers. That letter did indicate that additional inspections were needed beforo M i ApendaNo Ageldallem__` City of Denton City council minutes April 27, 3993 Page 7 continuing to operate as a shelter. Council Member Smith stated that if a puppy was adopted in March, Hartfelt was operating then as a shelter. Tuck replied that it appeared that they were operating. The first letter was dated February 24, 1993. Mayor Pro Tem. Hopkins asked if Hartfelt was given a certain number of weeks to continue operation rather than having to close down immediately. Tuck read a portion of the letter from the Health Department "the Society has voluntarily suspended shelter operations. It is strongly recommended that you use this opportunity to correct deficiencies so that you can resume normal operations at the earliest possible date. The Department's policy is to make every effort to work with the non-compliance shelters. However, if satisfactory progress is not made, the Act does specify that an injunction may be obtained from the appropriate court.'' Ms. Coe, Denton Humane Society, stated that she had a video tape taken on March 17-18 which showed several puppies on the site. The puppy in question might be on the tape. She had an affidavit that a puppy was adopted from Johnson and Gil on March 18, 1993. Council Member Miller stated that he understood that there were still animals on the property. Tuck replied that there were approximately 12-13 animals on the property. Council Member Miller asked at what point could it be determined that the animals belonged to the property owners versus the individuals were still operating a shelter. If the individuals stated that they were no longer in operation, was there any legal recourse for the situation. Tuck replied that that was one of the reasons that the Denton Humane Society's information was so important. They had indicated that they had evidence that Hartfelt was still operating and that was what the Texas Department of Health indicated they needed. As long as there was no evidence, it would be difficult to enforce. Ms. Coe indicated that her video was taken between 11:00 p.m. - 6:00 a.m. to show that Hartfelt was sheltering animals overnight. The video indicated the date and time at which it was recorded. I i 4Qlnda~p -.._.Li A9enda4QR1„••_X ' ' [ate City of Denton City Council Minutes April 27, 1993 G~ Page 8 City Manager Harrell stated that currently there was no city ordinance which gave the city the authority to move against Hartfelt. Therefore, the only enforcement mechanism was to gather evidence and persuade the State to enforce the adopted State statute. An alternative, which some cities used, was to limit the number Of animals which an individual could own privately. Council Member Miller asked if the state knew that there were that many animals still on site. Tuck replied yes. Council Member Miller asked for the State's reaction to the number of animals still on site. Kull replied that the State had indicated that no one had recently complained about the animals present and Johnson had indicated that the animals on site were his own animals. Council Member Brock asked how much evidence was needed by the State since there was the video tape from the Denton Humane society and the current letter of complaint, YetKull re Thy ereh aware ethaState had not seen an of t the information existed that it. hadfnotaseen Council Member Smith asked if money were accepted for the puppy. Ms. Coe replied yea that $35 was paid for the puppy. Johnson had given them medicine to help with the dog. There was a witness to the adoption and the individuals had gone to see the puppy on two separate occasions. Council Member Brock asked if the animal adoption was in violation of the State+s order. Tuck replied that the first letter from the State indicated that Hartfelt voluntarily ceased operations and they strongly recommended such. The second letter, dated April 2, 1993, discussed the site visit, listed the violations found and in strong language, indicated that Hartfelt was to no longer operate until the violations were corrected. Tuck indicated that a survey had been done regarding what other cities in the area were doing with this type of issue. Most cities were not enforcing the Shelter Act and some cities had a limit on the number of dogs/cats which an individual could own. A provision missing in the City's ordinance was for any type of inspection. A multiple ownership ordinance Agenda No AgendaUem._ ~L X72. _ _ we City of Denton city Council Minutes April 27, 1993 Page 9 would not be adequate without some type of inspection provision. Some cities also had kennel ordinances for commercial operations. After further discussion, consensus of the Council was to do some 4 preliminary work on inspection ordinances already enacted in other cities. f 4. The Council received a report and held a discussion regarding revisions to the Budget Priority direction Questionnaire and gave staff . Kathy DuBose, Director of Accounting and Budget Operations, stated that there had been a format change on the budget questionnaire. The revised questionnaire would allow a council Member to rank the different service areas and interest in the different service areas. Council Member Miller stated that the change added an important dimension to the questionnaire. Consensus of the Council was to proceed with the changes. 5. The Council received a report and held a discussion regarding an update on the Denton Municipal Airport and gave staff direction. Rick Svehla, Deputy City Manager, stated that there were two issues which he wished to discuss with the council. The first dealt with the airport plan. The consultant for the Master Plan was to first deal with generating activity levels for the next twenty years. Those proposed activity levels showed continued increases in topeerations othe next vernmentsw and/or e the FAA were conjunction looking w at hfuture options for DFW. The Airport Advisory Board had been looking at continuing to lengthen the existing runway and looking into the future in terms of operations. The consultant gave the Board six to seven different options. The Board had concentrated on the option to ultimately build the existing runway to 7500 feet and look at a future runway of 10,000 feet. Projections of COG and the FAA indicated that more than one 10,000 foot runway might be needed. The Master Plan was a plan for ultimate operation of the airport. The second issue dealt with the Airport Zoning Commission which was the joint commission made up of three Planning and Zoning Commissioners and three Airport Advisory Board members. That commission dealt with height restrictions and land use based on noise levels around the Airport. The Commission had discussed options for land use based on noise levels. The law allowed zoning land use up to five miles from the end of the runways and up to a mile and a half on either side of the runways. The outer zone RPMNMMMK ti ~gendaNc Agenda Date City of Denton City council minutes April 27, 1993 Page 10 shown to Council was five miles from the end of the runways and included approximately 40 square miles. The inner zone dealt with use kind of issues such as kinds of residential uses which would be allowed. The Commission had the authority to exclude all residential uses in all of the 40 square miles which was not the thought of the commission. The Commission was suggesting limiting that to a smaller area based on noise levels. In the bigger area, two suggestions included (1) requiring closer in areas some type of abatement such as soundproofing and (2) in the far areas, requiring a notice that it was an area which might someday be affected by airplane noise. This would make the area smaller for non- residential uses but would be proactive in advising people for future development. Consensus of the Council was to proceed with the suggestions from the Commission. The Council convened into the Regular Session at 7;00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Chew, Perry, Smith and Miller. ABSENT: Mayor Pro Tom Hopkins and Council Member Brock 1. Pledge of Allegiance The Council and r!embera of the audience recited the Pledge of Allegiance. Council Member Brock joined the meeting. 2. The Council considered approval of the minutes of the Regular Meeting of April 6, 1993 and the Joint Meeting of April 7, 1993. Smith motioned, Chew seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew days", Perry "aye'0, and Mayor Castleberry "aye". Motion carried unanimously. , The Mayor presented a proclamation for "Frenchy Rheault Week". Mayor Pro Tom Hopkins joined the meeting. i Agenda~tem_._.~~ City of Denton City Council Minutes April 27, 1993 Page 11 3. Citizens Report A. The Council received a citizen report from Joe Dodd regarding charter revisions. Mr. Dodd stated that there were six areas of the Charter which he would like to personally change but at this meeting he would address two of them. The first was the concept of the Charter. The Charter should be a document which protected citizens by strictly listing the limited powers of government. Instead there was a poorly and loosely drafted outline of City power. He would like to change that concept. A second area and his primary focus i for the evening was the "in arrears to the City" section of the Charter. It may have been that the drafters thought about taxes and thought about members of the City Council. But the wording, as he read it, applied to board members and to council members. The "arrears" was not only for taxes but was any debt to the City. He favored open government and was not sure that this subject was appropriate for open discussion. It had to do with reputations of persons willing to serve the City and had to do with potential litigation. He stated that he would raise some questions which he hoped would be discussed with the City Attorney behind closed doors. (1) What were the state requirements for public hearings and legal quorums. (2) Once a person was ineligible to hold whatever office he was in, did he have to go through the original process for retaking that seat or could he simply correct the problem and then be reinstated. He suggested that it did not work that way and once an individual was ineligible, he would stay / ineligible and could not participate in the meetings which might cause a quorum problem. (3) What were "arrears"? Was it taxes, electric bills, parking and traffic fines, permits, or licenses. After those questions had been answered, he suggested the following actions. Make all future board/council members fully aware of the problem and all of the areas in which it could be a problem. Do the same with present board members and take any corrective action which would be necessary to make sure that meetings were legal and that the actions the Council took met State requirements. Open the Charter to repair all of its current problems as soon as possible. B. The Council received a citizen report from Tom Rogers regarding the release of the City of Denton ETJ for the Bishop property on Bishop Road and Bishop Road into Copper Canyon. Mr. Rogers, Council Member of the Town of Copper Canyon, stated that Copper Canyon would like to speak to Denton regarding property which was located in Denton0a ETJ. The property owner had vequested to be annexed into the Town of Copper Canyon. The property was adjacent to the proposed Highland Village annexation Agenda No Ageodaliem~;C Date_ City of Denton city council Minutes Ali:~ 7 April 27, 1993 Page 12 Which the Council would be considering later in the meeting, The Town Council of Copper Canyon supported the request of Mr. Bishop to be annexed into their town. He asked the City of Denton to look favorably on the release of its ETJ to Copper Canyon. Council Member Miller stated that copper Canyon was asking Denton to release this property from its ETJ so that Copper Canyon could annex that property. Denton along with many other cities in the area were interested in seeing Highway 2499 become a reality. The i Town of Copper Canyon was not interested in having Highway 2499 go through the town boundaries. There was an attempt to work out a route which would not go into the Town of Copper Canyon. He asked if the Town Council of Copper Canyon could go on record as supporting the idea of Highway 2499 becoming a reality and a route which would go from the northern portion of Copper Canyon south to the existing Highway 2499. { Rogers replied that there had been numerous proposed routes for jjj Highway 2499 throughout the last six years. A number of those routes were proposed to go through Copper Canyonts corporate limits. Copper Canyon had substantial concerns in regards to the Highway going though their corporate limits and from the beginning, the official position of Copper Canyon had been to support the extension of Highway 2499 outside the corporate limits of Copper Canyon. The Town had been working with commission Scott Armey and the local property owners to find an acceptable area. One of the latest proposals from two years ago would have gone through the northeastern portion of Copper Canyon and right down Bishop Lane. This would have taken out one home and sizable portions of the yards of several homeowners. All which was needed to be done was to move the road 2001 to the east and it would have been outside C opper Canyon and would have offered relief to th,j Bishop family. The halfToyears Canyon approximately had one and n Commissioner Armey a letter from the Mayor of Copper Canyon which stated that the Town supported the road outside the limits of Copper Canyon. A copy of that letter could be made available to Denton. Council Member Miller replied that it would be helpful to have that letter as it was one of the last areas to resolve. Rogers stated that the citizens of Copper Canyon preferred a rural lifestyle and Highway 2499 had bee, controversial in the town. City Manager Harrell stated that the letter was fine but asked Rogers if he felt the Town Council would go on record and adopt a resolution snaking a statement of support of Highway 2499 provided Agenda No ~1.3--- Agenda ltem We -iL- City of Denton City Council Minutes l~'1 April 27, 1993 Page 13 it was outside the town limits of Copper Canyon. Rogers replied that he was only one member of the Council and could not speak for what the council might do. He felt that the Town would be willing to do that. The Town's position in six years had not changed, i Doug Harp, Mayor - Copper Canyon, felt that this was an opportunity to receive into Copper Canyon property and individuals of like interest. There had been some preliminary discussions with representatives of Denton. The Bishop property was a portion of the parcel of property which was raing considered for release to Copper Canyon. He saw this item as a related item to the proposed Highland Village annexation and was an opportunity for complimentary amendments for both cities. Council Member Miller asked Harp if he could ask the Copper Canyon Town Council to pa;s a resolution on the same basis in support of Highway 2499 if it were not in the town limits. Harp replied that there was a proposed resolution stating such on their next meeting of May 3, 1993. Karen Smith, property owner in the area, requested release of the ofo Coppers Canyon nas they hadeysimwanted to be ilar interests included as e residents Town of Copper Canyon. They were long time property owners and felt they should be able to have a voice in how the property would ultimately be used. Highway 2499 would be too close to their home with the present alignment. C. The Council received a citizen report from Willard Simpson regarding grievances against the Cily" Mr. Simpson was not present at the meeting. 4. Public Hearings A. The Council held a public hearing and considered adoption ' of an ordinance rezoning a 299.9 acre tract from Planning Development District 91 and 92 to the Commercial District (C) with conditions on property located southeast of Loop 288 north of 1H- 35E and west of Nayhill road. Z-93-005 (The Planning and Zoning commission recommended approval at its March 24, 1993 meeting, 6-0, with one abstaining.) Frank Robbins, Executive Director for Planning, stated that this was a rezoning of property currently zoned planned development. I I Data City of Denton City Council Minutes April 27, 1993 Page 14 There had been a series of blocks e3tablishsd within the planned development district indicating very generally what types of uses would be allowed. areas just for light industrial uses planned some areas e as multi-family two. The proposal did away with the requirement for site plans and continued a trend from site planning/detailed planning toward a situation of conditioned straight zoning. Instead of having a site plan required, there would be a series of ordinances with standards which would be required by the planned development. The proposed conditioned zoning limited the number of uses which would be allowed. Another condition was a forty foot building set back and a twenty foot no parking set back standard. office zoning would be allowed but not light industrial and multifamily, The preliminary plan was on the Consent Agenda, The hospital site would be the first phase and the second phase would include relocating Colorado Blvd, along with current power lines. The Mayor opened the public hearing. John P. Wier, Consulting Engineer for the project, indicated that the proposal was for the relocation of the Denton Regional Medical Center. This would be part of the City's urban center which would promote further economic development in the area. The City would be able to accept the roadways and utilities already in place on the property. The Council would be considering the preliminary plat for the first phase of the hospital. The second phase would rebuild part of Colorado Blvd. and would relocate the current power lines. They were requesting commercial zoning with restrictions and many uses which might be allowed were eliminated. He requested approval of the proposal. No one spoke in opposition, The Mayor closed the public hearing. The following ordinance was considered! NO. 93-063 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT ZONING DISTRICTS NO. 91 AND 92 TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR APPROXIMATELY 300 ACRES OF LAND LOCATED SOUTH OF LOOP 2880 EAST OF 1-35 E AND GENERALLY WEST OF MAYHILL ROAD• PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000 FOR `i1OLATIONS THEREOF1 AND PROVIDING FOR AN EFFECTIVE DATE. I Ape da No Agenda item _ City of Denton City Council Minutes April 27, 1993 Page 15 Chew motioned, Smith seconded to adopt the ordinance. On roll aotes Brock "aye"I Miller "ayets, Hopkins "aye", Smith ~~aye'~ v 0 Chew unanimouslyY aye and Mayor Castleberry "aye". Motion carried r~ r B. The Council held a public hearing and considered the and Canyonreliminary Lae E states; intolaLot of The 6 3102 and 14o Block B, acre tract was located on the east side of canyon Road, a roxim j north of Milam Road (F.M. 3163), in Dent nts extraterritorial jurisdiction. (The Planning and Zoning Commission recommended approval, 7-0 at its March 24, 1993 meeting.) Frank Robbins, Executive Director for Planning, stated that this drainageeeasement.thThe Pl nningtand Zoning Commisslonaf)und that the replat conformed with City regulations and recommended approval. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Hopkins motioned, Chew seconded to approve the preliminary and final replats. on roll votes Brock a e "aye" "aye;;, Smith "aye", Chew "aye', Perry "aye,,, andlMayor yCastleberry aye". Motion carried unanimously. C, The establishment ofeanstorm water utility ineregards to consider the regarding the establishmentaofr a v stormf water utility. of intent 2. Considered adoption of an ordinance amending Chapter , 26 of the Code of Ordinances to establish a storm water drainage utility system; adopting Subchapter C of Chapter 402 of the Local Government Code (Municipal Utility Drainage Systems); and declaring drainage to be a public utility. Lloyd Harrell, City Manager, presented some background history on the item, rn December of 1990, the Council created a committee to (1) review and evaluate the necessity of establishing a storm water management utility for the City of Denton and submit an evaluation I Acen4aNa Agen0aite_..ti tj City of Denton City Council Minutes April 27, 1993 Page 16 to the Public Utilities Board which would include a recommendation of whether the City should pursue the establishment of such a utility. (2) if the Committee recommended the establishment of the utility, the Committee would provide recomiiendations to the Public Utilities Board for the most feasible method to establish that utility. The Committee worked during next year on those issues. After many meetings, the conclusion of the Committee was (1) to establish a storm water utility and incorporate it into the 1993 fiscal year budget and (2) to agree on a basic methodology to implement the fee. There was disagreement among the Committee members whether the fees were to be implemented in fiscal year 1993-94 or be implemented when the EPA storm water regulations went into effect for cities the size of Denton. Therefore, the Committee made no recommendation regarding the timing of the implementation of the fee. That recommendation went to the Public Utilities Board which reviewed it and endorsed the recommendation of the citizen committee to the City Council. On August 18, 1992 the Council had a public hearing regarding the establishment of the utility and not the establishment of fees and considered an ordinance to create such a utility. That ordinance was tabled and Council asked for additional information with additional work sessions on the issue. At this meeting the Council would consider the original ordinance which it had considered at its August 18, 1992 meeting. The ordinance would establish the drainage system of the City as a public uti li4:y and formally create a storm water utility, operationally, it would not change any procedures. Several years ago, the supervision of storm drainage was transferred to the Utilities Administration Department. The ordinance would (1) allow staff to proceed to develop all of the data necessary to implement a fee schedule sometime in the future with some certainty that such a system would be adopted. The importance of that was that other cities, as they had developed the data necessary to implement the system (collecting data and measuring impervious surfaces on all commercial/ industrial areas in a community), found that employing a consultant involved approximately $50,000-$600000. There was no reason for the City staff to proceed to collect that information and to get ready to implement a fee schedule if the Council was not interested in creating the utility. The ordinance would make the statement that sometime in the future, at a time to be determined by policy decisions of the Council, that a storm water fee would be implemented. It allowed staff to work on the data. (2) The adoption of the ordinance set the stage for the Council to undertake serious policy debate with the new Council immediately after the election. Those policies would have to be thoroughly debated and included such issues as when should a utility fee be implemented, should there be a standard fee for residential units or should there be a tier schedule, what kind of property tar. h 1 v~ 1 Ageg63No % Date__ City of Denton City Council Minutes rr ✓7 April 27, 1993 Page 17 1 reduction, if any, would accompany the implementation of a storm water utility fee and the purposes and use of storm water utility fees. These were policy debates which needed to happen provided there was a commitment from the Council to go forward with some type of utility. (3) Once the Council settled those policies and there was a system outlined which the majority of the Council was comfortable with and felt was an equitable system, the Council could have another public hearing process before the ordinance would go into effect. Individuals could comment on how to implement the fees and use such input for any modifications to the ordinance. The action at this meeting would allow staff to begin dcollecting the data Cou cil necessary have implement make to determine htheolfee structure. There were some Council Members during work sessions who felt that if not all the details of the fee schedule were known, there should be some guiding principles for the utility which was what the proposed resolution did. It set forth council intent which would be a guiding principle as Council formulated the fee structure. There was some confusion regarding when the City 1 would come under the EPA regulations. The city's information was that the date when Denton would have to start complying with the EPA regulations was October 1, 1994. There were three items for Council consideration at this meeting. (1) The City Attorney had recommended that the Council, by motion, point out the three findings which were listed in the WHEREAS section of the ordinance. i Those findings included that the Council would establish a schedule of drainage charges against all real property in the City subject to charges under the Act, provide drainage for all real property in the City on the payment of drainage charges except for property granted in exemption as authorized by the Act and would offer drainage service on non-discriminatory, reasonable and equitable terms. (2) Adopt a resolution of intent which would guide the establishment of the storm water utility. (3) Adopt the ordinance which would create the utility. The Mayor opened the public hearing. No one spoke in favor. Ginnie McAdams spoke in opposition. She recognized the need for necessary funds for storm drainage but was not sure whether the j City could afford this proposal. The proposed fee was a regressive tax and did not recognize the ability of the person nor the amount of income the person had to pay the fee. She felt that it would be f possible to do a sample, looking at the property and the impervious surface, to give a better idea of the process and what citizens would have to pay. This kind of tax affected elderly individuals on fixed incomes, families on welfare and the working poor. She did Agenda No Agenda 11em - r_ Daie City of Denton City Council Minutes April 27, 1993 Page 18 not want to put the poor in a situation of having to determine what to pay in regards to either their needs or a storm water drainage fee. She felt there was a need to do a sample of what the costs would be and how those costs would be assessed against individual property owners. While property taxes might be reduced, there would be direct out of pocket costs to the poor. She urged the Council to not approve the utility at this point and to do a sample first. Richard Hayes stated the study was started and committee was appointed to address the EPA storm water regulations. Those had not been promulgated yet and without them being promulgated he felt it was premature to initiate the debate. He encouraged the City to become a sponsoring agency for the Vision for Denton-21st Century and thanked the Council for their support of the Special Olympics. Mike Cochran was opposed to the utility and felt that it was a premature action. It was premature ar there was no whole plan to look at. He had opposed the proposal which came from the Committee because of a question of equity. He saw no compelling reason to proceed at this point. The date of the EPA regulations was in question. He had been in contact with the EPA last week, this week and in the afternoon and the Engineers from Region Six were quite certain about the fact that the October 1994 date had nothing to do with the City of Denton as a whole. They indicated that in October of 1994 some things would happen but would be involved with municipally owned industries and not with communities as a whole. / There was also a grace period of 18 months in which to act from wawhesnaccuratePhase into havec one n and If a the October years before date it would have to act. If the City created the utility and started charging for it, the City would have to stay in it for 5 years. He also had a problem with the transferring of a bond debt to a fee. If citizens knew that this was the way the bonds were going to be treated, they might have treated them differently when they came up for a vote. The Mayor closed the public hearing. Mayor Pro Tem Hopkins asked to hear from Sam Bush regarding the EPA regulations. Sam Bush, Manager of Environmental Systems for the North Central Council of Governments, stated that he had attended a number of datameetins with t or EPA and Part 11 was was weather lmonitoring sand other activities and preparing what to propose as management programs to EPA for a permit. Phase I dealt with all of the permit Ageqda Item Dale-__67'. City of Denton city council Minutes April 27, 1993 Page 19 application processes which applied to cities over 100,000 Population and a select group of industries. Phase II included whethergto which permit cities cunder d100, 00 and iother industries. The decision had not been made yet as to which entities would b3 required to obtain a permit. The October 1994 deadline was in the federal register. The storm water utility would have to be viewedbtheautil utility did a different option for e f nding storm cities activities. Mayor Castleberry asked if October 1, 1994 would be the date for compliance. Bush replied that it appeared to be the date. Mayor Castleberry asked if some cities had already implemented such a utility. Bush replied that the cities of Arlington, Austin, Bedford, Dallas, Euless, Garland, and North Richland Hills had implemented a storm water utility. Mayor Pro Tem Hopkins asked Bush if it were his best estimate that if it took eighteen months to get certificate, could fees be assessed during that period or would it be in October 1994. Bush replied that ideally EPA would have the regulations for Phase II written and adopted in October 1994. If, for instance, cities of 50,000 or greater population would have to do the same process as the larger cities, there would be a year to complete Part I and another six months to complete Part Ii. Council Member Miller asked if the fee structure was determined ahead of time or was it done in phases for the cities which had already established the utility, Bush indicated that he did not know. Several cities, because they needed the funding for the application process, implemented the utility to pay for that processing fee. Council Member Smith asked when the federal registry indicated October 1994. Was it in the original bill. Bush replied that it was not in the original bill as the original deadline was October 1992. That date had been extended several times to October 1994, I~ III AQW13 No Agenda ller) I City of Denton City Council Minutes l April 27, 1993 Page 20 E City Manager Harrell stated that there was some litigation involved in this entire matter which was holding EPA to implement the regulations. Bush replied that it was tied more to the issues regarding EPA ' allowing certain industries to be exempt. EPA missed a deadline and a way out was to extend the deadline only for municipalities under 100,000 population. Council Member Smith stated that she would have to vote against the issue. She objected to the resolution on the basis that one action. l hshould not bind another e objected t the ordinance Council in that the driving force to start the task force was the EPA regulations and the need to meet those regulations. As that progressed, there was a shift in emphasis to doing regular storm water drainage which the City was currently doing out of tax funds. She also disagreed with the idea of moving debt into a fee structure. She used the analogy that to go with the package of the storm utility without a blueprint for the interior workings of it would be like buying a house with only the footprint and not any inside structures. The ordinance stated that it would be effective immediately upon passage and approval. That indicated to her that it was not necessary to establish a utility instantly, that it could be established at any time and become effective immediately, she would prefer to establish the utility later when the workings of the utility were known. As to the application of fees, she agreed with the conceipt that it was really a tax. The fees would not be deductible from any income taa•es while taxes were. The universities and schools were tax supported to begin with and it might be possible for a citizen of Denton to be paying his taxes which would be applied to the expenses of the universities and at the same time be charged a fee for something else, She also felt that staff erroneoilsly assumed that if Council disapproved the ordinance that it would "desire to continue funding all present functions and future EPA mandated requirements of the storm water drainage utilities from ad valorem taxes", She had personally contacted the EPA and received the same report that on October 1, 1994 the mandates coming down would apply only to city owned industries. EPA was not sure what or when the mandates would apply to a city the size of Denton. The EPA indicated that the water emissions from Denton were constantly being monitored and unless Denton developed undesirable traits in the water, Denton would not be affected in near future. This could change but at this point Denton was not on the list. When and if the mandates were applied to Denton, the City would have several months to do the Part I application and a year to do Part II. She felt it was too hasty to form the utility now. AQendeNo Ageadaltem-'_,<k Da 19 City of Denton City Council Minutes i~r J 7 April 27, 1993 C Page 21 Miller motioned, Hopkins seconded to adopt the three findings in the WHEREAS section of the ordinance as stated earlier by city Manager Harrell. Council Member Brock stated that she was concerned about several aspects of the proposal. One was that the basic purpose of the procedure was to shift from a tax funded process to a fee funded process. She was concerned that it would take an important function out of the pjbic eye. It was much easier to raise a utility rate than it was to raise taxes. important drainage projects and reclamation jec There were many to be done and there was no money to do thoseo pr jects. ich It had been mentioned that the income from this fee could be used to reclaim land to solve some of the serious drainage problems in the City. She felt that these were items that if the public felt were important they should be funded with bonds which would be voted on by the public. A fee was not tax deducible and taxes were which was another way in which this was a form of double taxation. For businesses, a utility cost would be deductible as a business expense but it would not be for a homeowner. A person with many acres of land which were not developed would pay nothing while a small homeowner under a time frame to establish this utility and felt thatwit was not desirable at this time. Council Member Miller stated that it was very clear what the purpose was of the utility as indicated by the proposed resolution. The EPA was one of the reasons this was first discussed but it was not the only reason. Public hearings could be held for greater citizen input regarding the issue. The Council had talked about planning and future planning. He felt this was an important vehicle for future planning. In regards to savings, future debt issues would be issued as a utility debt issue rather than a general bond issue. There was nothing to say that a fee structure would not be as equitable as possible for all property owners. Council Member Brock stated that the establishment of a storm water utility would bind future councils as it would be five years before it could be discontinued. Debra Drayovitch, City Attorney, stated that once the ordinance was adopted establishing the utility it would be effective for a minimum of five years. After five year: of operation, the City could determine if it wished to discontinue the utility. Lee Allison, Director of Water Engineering and Operations, stated that it was not five years from the time the ordinance was passed establishing the utility but five years from the time the fee was figandalte~.{~ S ~ _ Date City of Denton City Council Minutes / April 27, 1993 Page 22 { 1 established. He read from the statute regarding the establishment and discontinuance of the utility. Council Member Smith asked if the fee were established and used for drainage now, would that start the five years. i Allison replied yes. Mayor Pro Tem Hopkins stated that the proposal this evening would f not start time clock. Allison replied yes that it would not start the clock. Council Member Chew asked the City Attorney to read the information he had from the document prepared by the Storm Water Utility Committee. City Attorney Drayovitch read from a paragraph on page 21 of the Final Report from the Storm Water Utility committee presented in January of 1992 "another key element is the legislative process. Once a funding mechanism, tax or fee is established by ordinance, the municipality can not change the funding mechanism for five years", Mayor Castleberry stated that the Public Utilities Board wasoimplemented. Denton t had tf•ec second f hithe storm water ghest tax rate uinlthe metroplex with only Fort Worth being higher. it was important to try and broaden the tax base and felt that that was the only solution to get the tax rate dorm along with other alternative methods such as a storm water utility. He felt the Council should look ahead and that the ordinance was not setting any fees. He was concerned that if the issue was not passed, that Council would have to go back through the entire process again and use staff time again for this issue. Council voted on the motion proposed by Council Member Miller formally stating the three findings of the ordinance, on roll vote, Brock "nay", Miller "aye", Hopkins Plays", Smith 10nay", Chew "nay", Perry nay , and Mayor Castleberry "aye". Motion failed with a 3-4 vote. Item 4.C.1 and 4.C.2 were not considered for lack of a motion. Agodaltm `'5 ~A' City of Denton city council minutes April 27, 1993 Page 23 5, Consent Agenda Perry motioned, Smith seconded to approve the Consent Agenda. On r roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye,', Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I A. Bids and Purchase orders: 1. Bid 11489 - IBM File Server 2. Bid 11486 - General Construction and Renovation of ,.,is Martin Luther King, Sr. Recreation Ce-ter 3. Change Order 05 - P.O. 026052A - Gracon 4. Change Order Revision P.O. 026833A - Alan Nelson Architects B. Tax Refunds 1. Citicorp Mortgage, Inc./Donald Rea - $676.21 C. Plats 1. Considered the preliminary plat and comprehensive pedestrian access plan of Lots 1 and 2, Block 1, Denton Regional Medical Center Addition. The 35.933 acre tract was located northwest of Mayhill Road, between Interstate 35 and Colorado Blvd. (The Planning and Zoning Commission recommended approval at its March 24, 1993 meeting, 6-0, with one abstaining.) 6. Ordinances A. The Council consider adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services, (5.A.1. - Bid 01486) The following ordinance was considered: NO. 93-064 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A -:NTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, i r AoepdaNo City of Denton City Council Minutes April 27, 1993 Page 24 1 Smith motioned, Hopkins seconded to adopt the ordinance. Ori roll vote, Brock "aye", Miller "ayetOr Hopkins "aye,,, Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.2. - Bid 11486) The following ordinance was considered: I N0, 93-065 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Brack 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 'Iaye". Motion carried ' unanimously. C. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Gracon; and providing for an increase in the contract price. (5.A.3. - P.O. 026052A) I The following ordinance was considered: NO. 93-066 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND GRACON CONbTRUCTION; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE, Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock flaye", 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 authorizing the City Manager to execute Amendment Number One to a contract between the City of Denton and Alan Nelson Architects; and providing for an increase in the contract price due to additional services relating to the design of improvements to the service center. (5.A.4. - P.O. 126833A) I City of Denton city council minutes April 27, 1993 Page 25 1 { The following ordinance was considered: NO. 93-067 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT li NUMBER ONE TO A CONTRACT BETWEEN THE CITY OF DENTON AND ALAN NELSON ARCHITECTS) PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE DUE TO ADDITIONAL SERVICES RELATING TO THE DESIGN OF IMPROVEMENTS TO THE SERVICE CENTER; AND PROVIDING AN EFFECTIVE DATE. i I Perry vote, Brock n"&ye,SmMiller "aye'l,rHopkins "aye", Smith "aye", n Croll hew "aye", Perry "aye", and Mayor Castleberry "aye". Motiocarried unanimously, E. The Council considered adoption of an ordinance designating and establishing a school safety speed zone on portions I of Linden Street, Fulton Street and Crescent Street near the Denton High School West Campus; reducing the maximum prima facie speed 1 limit for such portions of said streets from thirty (30) miles per hour to twenty (20) miles per hour during certain houral and providing a penalty of a fine not to exceed two hundred dollars ($200.00). (The Citizens Traffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this was a request I' for twenty mile an hour speed zones on Crescent, Linden and Fulton due to the change in the use of the campus. The school speed zones had been revoked when the high school had been moved and this was a request from the Denton School District to re.:stablish them. The following ordinance was considered: NO. 93-068 A N ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ON OF LINDEN O D F CRESCENTNSTREETONEAR STHE DENTON HIGHS SCHOOL OWESTRCAMPUSI REDUCING THE MAXIMUM PRIMA FACIE SP.*ED LIMIT FOR SUCH PORTIONS k OF SAID STREETS FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURSI PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00)1 PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION I AND DECLARING AN EFFECTIVE DATE. r I i AQ8Rd3y0 _~~f~,n•~ bgeadaalem.~'~ City of Denton city council Minutes R~ ~ 7 April 27, 1993 r Page 26 Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote's Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew aye , Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance designating and establishing a school safety speed zone on portions of Windsor Drive and Bell Avenue adjacent to Strickland Middle maxi suchoportionstof esaidnstreets f om thirtma facie speed limit for ours; pro per hour to I twenty (20) miles per hour during certain h(30) miles for a limited access lane on the south side of Windsor rDrivenbet ween Inglewood and Bell Avenue; and providing a penalty of a fine not to exceed two hundred dollars ($200.00). (The Citizens Traffic Safety Support commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this ordinance would establish a twenty mile per hour speed zone and a proposed limited access lane for bus loading and unloading of students. The following ordinance was consideredi NO. 93-069 AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON PORTIONS OF WINDSOR DRIVE AND BELL AVENUE ADJACENT TO STRICKLAND MIDDLE SCHOOL CAMPUS= REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID PEREHOETS UR FROM DURING H CERTAIN HOURS;SPROPER HOUR TO VID PROVIDING FOR A WLIMITED (20)MILES LANE ON THE SOUTH SIDE OF WINDSOR DRIVE BETWEEN INGLEWOOD AND BELL AVENUE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($20040); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Millet- "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry 118ye", and Mayor Castleberry "aye". Motion carried unanimously. 0. l considered adotion of an the retainereofotheilawfirm of Lloyd, Gosselink ordinance owler,aBlevins, and Mathews, P.C. to represent the City in the case of Bolivar Certificate of Convenience and Necessity. Bob Nelson, Executive Director of Utility, stated that over the past several years the City had had some involvement with the Bolivar Water Supply Corporation and their desire to be certified ) Avid il~-, City of Denton City Council Minutes April 27, 1993 Page 27 to serve water service in an area north of the City of Denton where the City presently had a single certified area. Bolivar wanted Denton to relinquish its certification in the area so that Bolivar could serve. They had extended lines in the area even though they did not have certification to do so and now in order to secure I federal funds to extend and repair lines, the federal government required Bolivar to have an exclusive service territory in the area. Bolivar had filed an application before the Texas Water Commission for a single certified certificate of convenience and necessity and also requested that the City of Denton be decertified in those areas. Denton had protested that decertification and had applied for a' dual certification in the area north of Denton0s I existing area to Lake Ray Roberts. It was felt that legal assistance was needed from individuals in Austin who were directly involved in CCN proceedings. 'The contract was for services and the fees were standard legal fees. The overall cost of the contract was in the $25,000 range depending on the difficulty of the case. The State of Texas granted municipal governments extraterritorial jurisdiction areas in order to be able to orderly plan the areas around their communities for future development. They gave cities another tool to help plan with and that was certificates of convenience and necessity. If Denton lost certification in the area, the ability to plan for water in the area would be limited. As Denton annexed into the area and if Denton were decertified, a developer in the area or the City would be required to pay the cost of the lines already present and probably install new lines to accommodate the development. The following ordinance was considereds NO. 93-070 AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF THE LAWFIRM OF LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS, P.C. TO REPRESENT THE CITY IN PENDING ADMINISTRATIVE PROCEEDINGS STYLED APPLICATION OF BOLIVAR WATER SUPPLY CORPORATION FOR AMENDMENT TO CCN NUMBER 11257 AND APPLICATION OF CITY OF DENTON FOR AMENDMENT TO CCN NUMBERS 10195 (WATER) AND 20072 (SEWER); AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry 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. Ap AKo Ageidallem_ 1 Dale City of Denton City Council Minutes April 27, 1993 Page 28 7. Resolutions A. The council considered approval of a resolution by the Council of the City of Denton, Texas declaring its willingness to become a sponsoring agency for the "A Vision for Denton - The 21st Century" Project and offeriny various commitments to support this project. The following resolution was considered: NO. R93-024 A RESOLUTION OF THE COUNCIL OF THE CITY OF DENTON, TEXAS DECLARING ITS WILLINGNESS TO BECOME A SPONSORING AGENCY FOR THE "A VISION FOR DENTON - THE 21ST CENTURY" PROJECT AND OFFERING VARIOUS COMMITMENTS TO SUPPORT THIS PROJECT; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Miller "ayeFF, Hopkins "aye", Smith "aye", Chew "aye", Perry 'FayeFF, and Mayor Castleberry "aye". Motion carried unanimously. Pat Gobble, United Way, thanked the council for their support. B. Council considered apoval of a resolution b the Council ofTthe City of Denton$ Texas relinquishing in favor of the city of Highland Village 118.09 acres of land commonly known as Pilot Knoll Park within its Extraterritorial Jurisdiction so that the City of Highland Village may institute annexation proceedings with respect to such area. Rick Svehla, Deputy City Manager, stated that this was a request from Highland Village to annex this area which was adjacent to the area considered earlier in the meeting. The proposal would relinquish the City's ETJ and allow Highland Village to annex the propperty, There was some concern that some of the property might be in Corinth's ETJ but an investigation revealed this was not the case. All of the property was in Denton's ETJ and would allow a corridor for the Highway 2499 project to be preserved. It would still meet with copper Canyon's wish to maintain a posture of not having Highway 2499 in their corporate limits. Mayor Castleberry stated that a petition had been presented in opposition to the proposal. Council Member Perry asked Svehla if Denton had the same kind of assurances from Highland Village as from Copper Canyon about the 4jendaNo Agenda ilenr... City of Denton City Council Minutes April 27, 1993 Page 29 corridor for Highway 2499. Svehla cities andlifounding Hcitiesd of 1 the Highway 2499 h taskppforceg Highland Village had allocated funds for the project and were very supportive of the project. June Tyler asked to speak regarding the issue. She was opposed to the annexation of the property by Highland Village. Regarding Highway 2499, she had met with Commissioner Armey who indicated that he could condemn the property if it were left in Denton's ETJ. She would like to keep the property within Denton's ETJ until the Highway 2499 issue was resolved and then allow the residents of the area to determine where they wanted to reside. The area had a series of horse trails and access was through Pilot Knoll Park. She was concerned that if Highland Village took over the park area they would be denied access as they had in another instance. The life styles of Copper Canyon conflicted with Highland Village residents. She also had a problem with Highland Village's zoning and felt that it was too dense. Tom Rogers, Copper Canyon, stated that Copper Canyonts request for annexation of the Bishop property was brought on by the request of Highland Village for this annexation. The Bishop's did not want to be annexed into Highland Village and requested to be annexed into Copper Canyon. Highland Village and Copper Canyon had very different views of how they wanted their communities to be. He did not support the proposed annexation. Officials of Copper Canyon had contacted the Mayor and City Manager of Highland Village but to date had had no discussions with them. Copper Canyon had been d enied a request from Highland Village to discuss the issue at a recent i concernedthat n Highland Village Village might try and annex unincorporated areas and eventually surround Copper Canyon. Highland Village had indicated that they had no interest further west but were not willing to put such in writing. Another area of concern was zoning in the area. Copper Canyon did support Highway 2499 in the area. He felt a joint solution from Denton, Highland Village, Corinth and Copper Canyon would be beneficial as to what would happen in area. untirelquested that the could i be reached among he a roert in j ining ities. Doug Harp, acting Mayor of Copper Canyon, stated that this was an important iosue to Copper Canyon, He was asking for a deferent of action on the issue until all involved could discuss the issue. Passage of the proposed resolution might compromise Copper Canyon's opportunity to reach an equitable agreement with the other communities. Copper Canyon had a resolution of support for Highway ACandaNo e/4~.__._ thfe__~~-/~' _ ~3 City of Denton city council minutes April 27, 1993 Page 30 2499 on its next agenda as evidence of their good faith to consLder this important issue. Mayor Castleberry asked if it would be more agreeable to Copper Canyon if a motion were made to change the resolution to indicate that the property were to be dedicated to Highway 2499, Harp replied that the aspects of annexation and release of ETJ were complex from a legal point of view. Copper Canyon wanted some assurance in the resolution that they would have the right of first refusal for the release of ETJ which was being considered for the Town of Copper Canyon. Copper Canyon recognized the importance of Highway 2499 and the inevitability of Highway 2499 but they would like to manage that change as best as possible, Council Member Miller stated that Rogers and Harp had asked Denton to pass a resolution to release some of Denton's ETJ to Copper Canyon. Harp asked for a coordinated action. Rogers asked that the two ETJ's be released at the same time. He had a concern that if Highland Village was allowed to annex property in the area that when it came time to release the next ETJ, they would want to claim that property as well. Council Member Miller asked if there were any overlap of the two pieces of property. Rogers replied that there was no overlap. It was mutually road would like to use theheast sideaofaBi hop Radlasethe cutp off Canyon and allow Copper Canyon to annex Bishop Road, taken Man position with stated cities that Denton coulstandpoint not tforeshad ee logicalamounly effort ie releasing ETJ as to do whatever o could be done to guarantee that Highway 2499 would be built, In the case of 2499.and Villag aid the had been a staunch the timetable sfromr an annexation standpoint. The council must release the property in order to have them complete the annexation. Council Member Miller asked if it would be appropriate for Council to approve this resolution and direct staff to proceed working with Copper Canyon in affecting the ETJ transfer as requested by Copper Canyon. AgendaNa Agendaitem- City of Denton City Council Minutes April 27, 1993 Page 31 1 Svehla stated that as soon as Denton had the Copper Canyon resolution, a resolution would be brought to Council for consideration to give the Bishop ETJ to Copper Canyon. The following resolution was consideredr I ~ f NO. R93-025 A RESOLUTION OF THE CITY OF DENTON RELINQUISHING 118.09 ACRES OF LAND C014MONLY KNOWS AS PILOT KNOLL PARK WITHIN ITS EXTRATERRITORIAL JURISDICTION TO THE CITY OF HIGHLAND VILLAGE SO THAT HIGHLAND VILLAGE MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREAS AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the resolution to Highland Village. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Miller motioned, Perry seconded to direct staff to proceed to work with the cities of Copper Canyon and Highland Village for an agreement that Denton would release to Copper Canyon the territory presented tonight which was in Denton'$ ETJ and that this as well as the previous resolution tie in with the desire of all of the cities to see a successful conclusion of the routing of Highway 2499. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. 8. .he Council considered a motion regarding the request of Sheila Alexander relating to a paving lien. Chew motioned, Miller seconded to deny the request. On roll vote, ' Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and mayor Castleberry "aye". Motion carried unanimously. 9. Miscellaneous matters from the City Manager. j City Manager Harrell presented the following itemsr I A. John McGrane, Executive Director for Finance, had met with GTE and they were agreeable to discuss possible amendments to the franchise. B. He and the Mayor attended a legislative briefing from TML , and had rece!.ved good new on three pieces of legislation. General legislation for cities look good at this point. Denton's municipal I Aeenda No Nip, City of Denton city Council Minutes April 27, 1993 Page 32 court bill was just filed, had been heard by Committee and passed out to the House with a "do pass" recommendation and put on the consent calendar for House. There were still some questions with the Senate. The sales tax bill passed the House and wds scheduled the next day for a hearing in front of the Finance Committee in the Senate. Fort Worth was trying get permission to pass such a sales tax amendment on Denton's bill, I C. Early voting ended today with 1461 people voting during the early voting period compared to 1146 last year. Today alone 464 people had voted. 10. There was no official action taken on Executive Session items discussed during the Work Session Executive Session. 11. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Smith asked for more information regarding the items Mr. Dodd mentioned in his presentation. B. Council Member Brock asked to examine the tree preservation ordina:ice with a public hearing at some point. The Council might consider protecting various types of special trees. She would like to consider the possibility of having the permit for the removal of very large trees approved by the Planning and Zoning Commission, C. Council Member Miller stated that the Fry Street Fair event was a good event due in part to Council preplanning. He suggested beginning similar discussions regarding the North Texas State Fair, D. Mayor Castleberry stated that he had appointed George Hubbard to the Denton Housing Authority. 4 12. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 9140 p.m. 1 Ag811da No City of Denton city council minutes tij J April 27, 1993 Page 33 1 I BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS BETTY WILLIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOO10A i t 1:: ~ i lrtf*:" I Ir~r. rr,+ i ~r wV I i O l Date May 12, 1993 The Honorable Bob Castleberry, Mayor, 6 Members of the Denton city Council City of Denton 215 East McKinney Denton, Texas 76201 Reg Request to appear on Denton City Council Agenda may 180 1993 at 7=00 p.m. Dear Mayor Castleberry and Council Memberei It has been brought to our attention that, per Denton City Code Chapter 201 Article li Section no work can be performed on the building at any time other than the hours of 7s0o a.m. and 8930 p.m., Monday through Saturday, unless a special permit is obtained. Jostens, Inc., respectfully request to appear on the councllls agenda May 18, 1993, to obtain a special permit to perform work at night, permitting us to complete a roof renovation/expansion project currently in progress. We have contracted to have the work performed at night, to ensure the safety and well being of Joetens employees working inside the building during daytime hours. We are replacing the roof of the existing building to replicate the roof of the newly expand„d building. We expect to complete the project within throe weeks, weather permitting. If you find this request acceptahle, we will send Zachary Adcock, facilities Engineer, to represent Joetens at the hearing and to address any concerns you may have. If you have any questions, please contact me at 817-387-8511, extension 220, or my eecrrtary, Carol Pitchford, extension 201. Thank you for your consideration of this request. We look forward to your response. Sincerely, 0 . kod Ih 0. Denisho Coleman Engineering Manager CDC/cp ec9 Zachary Adcock Mickey Xashr i I 1 i Agenda I Date Chapter 29 NUISANCES' Art. I. In General, H 20.1-20.30 Art. 11. Abandoned Property, 44 2031-20.70 Div. I. Generally, H 20-31-2040 Div. 2. Motor Vehicles, H 2041-20-70 Art. III. Grass and Weeds, $4 20.71-20.73 I ARTICLE 1. IN GENERAL See. 20.1. Noise, (a) It shall be unlawful for any person to make or cause any unreasonably loud, dis. turbing, unnecessary noise which causes or may cause material distress, discomfort or Injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following a,-Ls, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive; (1) The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the hours of 10:00 p.m, and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen- sibilities in any dwelling, hotel or other type or residence; (2) The use ofany stationary loudsppaker, amplifier or musical instrument in such manna { ` or with such volume as to annoy or disturb persons of ordinary sensibilities in the 1J immediate vicinity thereof, particularly between the hours of 10:00 p.m, and 7:00 a.m., or the operation of such loudspeaker, amplifier or musical instrument at any 1 time on Sunday; provided, however, that the city council may make exceptions upon II appliration when the public interest will be served thereby; (3) The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or atop work or as a warning of danger; (4) The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 a.m. and 830 p.m„ Monday through sCross references-Protected migratory bird ronsts declared nuisance, 4 6-87; inspection and abatement warrants, 6 1985 et seq.; insect and rodent control in mobile home and rec- reational vehicle parks, 4 3291. ''J I Supp. No. 1 1389 I II i Agenda No. q.3 - oil AWdaltelr~ _ Glte _ 5L 93 4 20.1 DENTON CODE Saturday; provided, however, that the city council may issue special permits for such fl work at other hours in case of urgent necessity and in the interest ofpubIic convenience; safety and (5) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or dcziruction of bales, tainers; boxes, crates or con- (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion prcture house, sale of merchandise or display which causes crowds or people to ` block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1966, 43 14.20, 14.21) Cross reference-A-11mal noise, $ 6.26. Sec. 20.2. Oderrs. (a) It shall `.o Aawful for any person to create or cause an nobly unpleasant or strong odor which causes material distress, discomfort or inau noxious, ordinary sensibilities in the immediate vicinity thereof. ) ry to persons of (b) it shall be unlawf I for any person to create or cause any odor, stench or smell orsuch character, strength or continued duraticn as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: / (1) 00'ensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other similar places; (3) Offensive odors from the use or possession ofchemicals or from industrial processes or activities which disturb the comfort and repose of persons of ordinary, sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances; (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, offal or dead animals on any premises. (Code 1966, Of 14.22, 14.23) ' Sec. 20.3. Garbage, trash and rubbish nuisances-Generally, (a) Storing or keeping garbage, trash and rubbish. The storing or keeping of any and all stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street Supp, No. 1 ~ 1390 I I I -_=----rte: : . l : _4_.. _ • ut41 • u • atz v azt- I 1 ~ t?~SS 4-tom J rt...ts ~~TFS n SJ~ Crm T T 3pTTi I ;it f rKjif r _ I I I 1 ao I u o e o i I Ox SStJ TE_May 18. 1993 CITY COUNCIL REPORT 1 ~9 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE WITH REGARD TO THE ANNEXATION OF 3.85 ACRES LOCATED EAST OF I-35 AND SOUTH OF MILAM ROAD. RECOMMENDATION: The Planning and Zoning Commission recommends adoption. (7 - 0) i i SUMMARY: An ordinance annexing 3.85 acres located east of I-35 and south of Milam Road is attached (Attachment 81). Exhibit "A" of the ordinance contains the legal description of the tract to be annexed. The service plan, included in exhibit "B" provides for the extension of full municipal services to the tract to be annexed. City Charter (Section 1.030 Extension of City Limits) requires a vote of not less than six members (four-fifths) of the City Council to take action with regard to the extension of the city limits. BACKGROUND: The owners of Loves Country Stores are in the process of renovating and expanding the existing restaurant and gas station on the site. Part of the site abutting the Service Road is located in the city limits. The proposed annexation of the 3.5 acres will include the entire tract in the city limits. The zoning of the tract is also scheduled for consideration by the City Council on May 18, 1993. City Council held the first and second public hearing with regard to the proposed annexation on March 2, and March 16, 19931 ` respectively. No one spoke in opposition to the proposed annexation. Another public hearing was held on April 6, 1993, when the City Council considered the adoption of an ordinance annexing the said property. The annexation ordinance was published in the Denton Record Chronicle on April 9, 1993. The annexation process is in full compliance with the requirements of the City Charter and the Local Government code. apendaNo 9.3 --D/- Ape~attem PROGRAMS. DEPARTMENTS OR GROUPS AF D: ll~/ All city service departments including Utilities, Engineering, Planning and Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation and Library. FISCAL IMPACT: The annexation and ultimate development of this tract will Imo- expand the city's tax base. i Respe~`ully sub itted: d: Prepared by: ' 1 Lloyd V. . Harrell 4aM-.^ K} , Ps . A . City Manager Harry N. Persauudd,, AICP Senior Planner Ap roved: ank Robbins, AICP Executive Director Planning and Development Attachment il: A nnexation ordinance with legal description and service an Attachment #2: Lo ationpmap. Attachment #3: P 6 2 Minutes J:\waaocS\ORD`ANNEx.ORD - CiE I Agenda No Ardaltem_~s y~ 3 M ATTACHMENT 1 R~te._ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 3.85 ACRES OF LAND LOCATED EAST OF AND ABUTTING THE I-35 SERVICE ROAD, SOUTH OF MILAM ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING AGRICULTURE (A) DISTRICT ZONING CLASSIFICATION AND USE DESIGNATION FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. i WHEREAS, public hearings were held in the Council Chambers on March 2, 1993 and Marri 16, 1993 to allow all interested persc s to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the prop- erty described herein by the introduction cf this ordinance at a meeting of the City Council on April 6, 1993; and WHEREAS, this ordinance has been published in full one time in 1 the official newspaper of the City of Denton after annexation pro- I ceedings were instituted and thirty days prior to the city council taking final action, as required by city charter; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the land described in Exhibit "A", attached hereto and incorporated herein by reference, is annexed to the city of Denton, Texas. SECTION I~ That the Service Plan attached as Exhibit "B" and incorporated herein by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. ,SECTION III That the property is temporarily zoned Agri- culture A district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas pending permanent rezoning of the property. SECTION IV Should any part of this ordinance be held illegal k for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all of the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or is within the limits of any other city, town or village, or is not within the AgendaNo_~~ Dale i I City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fihly as if the excluded area were expressly described in this ordinance. SECTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of thie ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published Mice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) d:.ys of the date of its passage. Introduced before the City Council on the day of , 1993. 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. dEj., PAGE 2 EXHIBIT A AQenjaNO Agenda Item _ ~111 NOTES TO 5.1312 ACRES IN THE JOHN AYERS SURV 21 CITY OF DENTON, DENTON COUNTY, TEXAS. EY ABSTRACT ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND 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 APRIL, 1985, RECORDED IN VOLUME 1630, PAGE 42, REAL L 7TH DAY OF PROPERTY - RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTI DESCRIBED AS FOLLOWS: CULARLY BEGINNING AT A RIGHT-OF-WAY POST AT THE SOUTHWEST CORNER OF A I 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, 19750 RECORDED IN VOLUME 613, PAGE 127, DEED RECORDS OF THENCE SOUTH 89 DEGREES 55 MINUTES 17 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY OF F.M. ROAD 3163 (MILAN ROAD), A DISTANCE OF 150.0 FEET TO AN IRON PIN; THENCE SOUTH 00 DEGREES 04 MINUTES 43 SECONDS WEST A DISTANCE OF 265.0 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS WEST A DISTANCE OF 155.00 FEET TO AN IRON PIN; THENCE SOUTH 00 DEGREES 13 MINUTES 23 SECONDS EAST A DISTANCE OF 442.42 FEET TO AN IRON PIN; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 316.23 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 250.59 FEET TJ AN IRON , PIN; THENCE NORTH 03 DEGREES 09 MINUTES 01 SECONDS EAST WITH THE EAST RIGHT-OF-WAY OF I.H. 35, A DISTANCE OF 331.13 FEET TO A WOOD RIGHT-OF-WAY POST; THENCE SOUTH 89 DEGREES 54 MINUTES 31 SECONDS FAST WITH SAID RIGHT-OF-WAY A DISTANCE OF 299.63 FEET TO A WOOD RIGHT-OF-WAY POST; THENCE NORTH 00 DEGREES 40 MINUTES 24 SECONDS EAST WITH THE EAST RIGHT-OF-WAY OF I.N. 35, A DISTANCE OF 116.68 FEET TO THE POINT r OF BEGINNING CONTAINING IN ALL 5.1312 ACRES OF LAND. i kenda Na y3 _ o /K Apendalteil. `F__ Exhibit 'VI l SERVICE PLAN ,c Annexation Number. A-61 Acreage annexed: US Acres Location: East or 135 and South or Milam Road (A-61) A. Polic_ a Seeyices 1• Patrolling, response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. Z• Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City, B. Fire nrot~~~~.+n and Fmeraencv Medical Servic g r& Mai 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to L this area on the effective date of the annexation. 2. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the City. C. Water/vast wa r Gervi e~ Water and wastewater services will be extended to the property in accordance to the City's master utility plan and section 34-118 of the Denton Code of Ordinances. Developers shall pay the actual cost of all water and sewer main extensions, lift stations and other necessary facilities required to serve their development in accordance with the Cityts master utility plan and the Subdivision and Land Development Regulations. Agra No Ageadaltem'1 Dale_ 1./ The City may participate in the•cost to oversize water 7 / /Z and sewer mains subject to fund availability and approval' of the city Council. Where water or sewer'lhain extensions, lift stations, force mains or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro- rata charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations. D. Solid waste Collection 1. Solid waste collection rill be provided to the property at the same levt,l of service as available to comparable areas within the City, within 60 days E of the effective date of annexation. i 2. As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth. E. Streets and Roads 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation. 2. Routine maintenance of streets and roads will begin in tho annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the city. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the City. 4. Traffic signals, signage and other traffic control devices will be installed as the need therefor is established by appropriate stud: and traffic standards. 2 Agenda No AgendalfV ~a " Date 5. Street and road lighting will be installed in theI>,~/~Z substantially developed areas in accordance with `D the established policies of the City. Ift. F. Environmental Health and Code~aforcement Services 1. Enforcement of the City's environmental health ordinances and regulations includ'ng, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food Jiandler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the a•.aexation. These ordinances and regulations wil be anforced through the use of existing person!-L. 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 5. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexation. 6. As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same level of environmental health and code enforcement services as are furnished to comparable areas within the City. G. Plannin4 and Development services The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. Commercial (C) conditioned zoning classification is anticipated for this tract. 3 Agenda No _1.:3 'ell Aprdaitem Date I• Rgrks and Recreation services Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the City, on the effecttve date of the annexation. The same standards and policies now used within the City will be followed in the maintenance of parks, playgrounds and swimming pools. J. Electrical Distribution Electrical power will be made available to the site as required, at the same level of service currently being l provided to comparable areas within the City. K. Miscellaneous E Street names and signs will be installed, if required, approximately six (6) months after the effective date of annexation. Residents of the newly annexed area may use all publicly owned facilities, buildings or services within the city on the effective date of the annexation All publicly owned facilities, buildings or services will be maintained in accordance with established sti ndards and policies now used in the city. L. Ca i i m eme Program (CIPI he CIP of the City is prioritized by such policy guidelines T as: I 1. Demand for services as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness of providing a specific facility or service. The annexed area will be considered for CIP improvements in the upcoming CIP plan. The annexation area will be considered according to the same established criteria as all other areas of the City. 4 A,entlallem~~S ~ ylI ATTACHMENT 2 Love's Country Stores, Block 1 Lot 1 NORTH I 0 8 R li I FAL 163 Ngm ROAD J I PORTION TO BE ANNWMD PORTION Wnm[N z Y 11 r II ~ 1 ROAD J Dalss 2!S/43 Setim NONE -76 i 1 i Agenda No J f •r'y ~ ATTAC13h1ENT 3 AgendaItem al 19 P & Z Minutes February 24, 1993 Page 7 Dr. Huey asked which line on the map would be the dividing line between Lot 2 and Lot 1. Mr. Yost said the curving line on the map was the dividing line. Mr. Cochran made the motion to approve the Preliminary Plat and Comprehensive Access Plan of Lot 1 and 2. BlClck 1, Denton Regional Medical Center Addition, with conditions as recommended by staff. Mr. Glasscock ~econded the motion. The motion carriEi 6-0 with one abstention. Mr. Cooper abstained. III. Consider the final plat of Lot 4, Block 1, Loop 288 Centre k being a 4.4983 acre tract located on the south side of East McKinney, approximately 280 feet west of Loop 288. STAFF REPORT! Staff report was given by Karen Feshari. (See attached). Ms. Feshari said that no great improvements are warranted as this was a State Highway. A 75 feet utility easement was located to the east of the site. An eighteen inch sanitary ble ire sewer Flow is n adequate 20 The feet water retention line will be used for onsite drainage, but may be eliminated when the Texas Department of transportation competes the widening of the barrow ditches along loop 288. The water would drain primarily across lots two (2) and three (3). Those lots are a di thee owner tfferent drain ermission must be run off across nttheir k property. We have received the necessary permission from the property owner. Sidewalk would also be required across East McKinney Street frontage. Construction or guarantee of the sidewalk would have to be completed prior to plat filing. All drainage improvements must be in place prior to Building Permit Issuance. Mc. Feshari said that the Development Review Committee recommended approval of the final plat as it conforms to the minimum requirements of the Subdivision and Land Development Regulations. 1 k Mr. Glasscock moved to recommend approval of the final plat of Lot 4, Block 1, Loop 288 Centre. Mr. Cooper seconded the motion. The motion carried unanimously (7-0). 1 IV. Hold a public hearing for the proposed annexation of 3.85 acres located east of Interstate 35 and south of Milan Road 1 I Agvdatr0 We. J_1if--~~- P & Z Minutes February 24, 1993 Page 8 and consider making a recommendation to the City Council. Chairman Engelbrecht opened the public hearing. PTAFF REPORT= Mr. Frank Robbins gave the staff report.. Mr. frobbins said the case was a continuation of a process that was begun back in February to annex the property that will be reviewed in the next zoning case, about existing uses. The city initiated the annexation. Staff would like to present both the zoning and the annexation to Council. One of the reasons for presenting both is to enable them to deal with a service pl+ i what was in the commissions back up. He s9id that he would answer any questions. k IN FAVORS None IN OPPOSITION: None Mr. Cochran asked if there had been any response from the residents concerning the annexation. He stated that he was aware that they did not have to be notified. Mr. Robbins said that no response was received. Chairman Engelbrecht closed the public hearing. Mr. Cochran made the motion to recommend approval of the annexation of 3.85 acres located East of Interstate 35 and Milam Road. Mr. Willis seconded the motion. The motion carried unanimously (7-0). V. Z-93-006 - Hold a public hearing and consider the rezoning of 5.1312 acres of land from Agricultural and Commercial (c), with conditions to a commercial zoning district with conditions. Mr. Engelbrecht opened the public hearing. STAFF REPORT: Staff report was given by Owen Yost. Mr. Yost pointed out to the Commission, in addition to the annexation they were being asked to view the rezoning of the same piece of property. Mr. Yost said that the applicant was proposing to rezone 3.863 acre site from an Agricultural (A) zoning district, to a Commercial zoning district, with conditions, and simultaneously rezone the previously-zoned portion (1.2777 acres); resulting in the entirety of Lot 1, block 1, being zoned Commercial (conditioned). The requested conditions would be: r ~ f "1'i 9~i• V~\~ • • ~ ~ 'r t k i~~- 9„ ' l t t t Date REPORT TO THE CITY COUNCIL To: Mayor and Members of the City Council Case No.: Z-93-006 I Meeting Date: May 3E, 1993 ` Ik I GENERAL INFORMATION Applicants Musket Corporation Lovelu Country Stores, Inc. P.O. Box 26210 Oklahoma City, OK 73126 (Larry Sullivan) Owners Musket Corporation Requested Actions Rezone the newly-annexed site from all Agricultural (A) zoning district, to a Commercial zoning district, with conditions, and simultaneously rezone the previously-zoned portion (1.2777 acres); resulting in the entirety of Lot 1, Block 1, being zoned commercial (conditioned). The conditions requested are: 1. restrict permitted uses to: truck parking lot; gasoline service station; • restaurants . retail stores and shops - 6,000 sq. ft. or less; and permitted uses as listed in the Zoning Ordi- nance for the Commercial district, with a Specific Use Permit. 2. limit the pervious surface to no less than 801 of the lot; 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 sq. ft. i Agenda Yo 93 Qi~ Case No. Z-93-006 Agendalterri._ May 18, 1993 - Page 2 Catd._ Location and size: 1 The 5.1312 acre tract is located on the southeast corner of Milam Road (FM 3163) and Interstate 35; it includes 1.2777 acres of previously zoned land, plus 3.8534 acres of to-be-annexed land. r , surrounding Land Use and Zoning: North - Right-of-way of FM 3163, and Agriculturally zoned and used land. South - Agriculturally zoned and used land, plus ETJ land East - Unzoned ETJ land, primarily in agricultural use. West - Right-of-Way of I-35. Denton Development Plan: Low intensity areal Intensity Area No. 2 SPECIAL INFORMATION Transportation: The subject site, as currently platted and proposed to be used, is acceptable. Lot 2, if and when it is developed, will have access from FM 3163 only, Utilities: The proposed septic field is sufficient in area to serve the ' expanded restaurant use; but will require a permit before it is approved. However, the field must never be covered with an l erm Impt surface out of nservice, or al.) a sauntil such nitary sewer eline the I sufficient capacity is extended to the site. Drainage: No drainage improvements are required, as long as the proposed pervious surface (grass, et, al.) is no less than 80% of Lot 1. III Case No. Z-93-006 Aflaada~tem_ _r~ May 18, 1993 ~ Page 3 itia19 % i i HISTORY + 1 1.2777 acres of the subject tract became part of the City of Denton in 1987 through a "strip annexation". This tract was permanently zoned to Commercial (conditioned) in February, 1993. The remainder of the tract is scheduled to be reviewed for annexation at tonight's meeting, and simultaneously zoned Agriculture. The result of this proposed action will be a lot I that is entirely with'n the City, and is in a single zoning district. ANALYSIS The tract is in Intensity Area No. 2, a low intensity 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 5.1312 acres allowing retail/commercial use would allocate 650 intensity trips per acre to this site. However, when the original land-use study was done (11/21/89) the subject site was allocated 650 trips per acre due to the fact that the Love's store was there at the time. Thus, the figure of 90% allocation will not change. RECOMMENDATION The conditions proposed to accompany the zoning limit the tract's use, putting it in conformity with the remainder of the area. Therefore, the commission, based on the previous analysis, recommends approval of the petition, with the four conditions as stated previously in this report. The landowner is in favor of this request as well. i 1 Aganda No ~Y3_' G it Case No. Z-93-006 Agend3liem L ;0.4/d~ May 18, 1993 Date -5,- Page 4 ALTERNATIVES 1. Approve the petition. 2. Approve the petition with additional conditions. 3. Deny the petition. 4. Postpone. ATTACHMENTS 1. Location map 2. Site map showing current and proposed City Limits 3. Study area No. 2 data 4. P&Z minutes Respectfully submitted: Prepared: *Libyd'V-. rell V G. Owen Yost, . SLA Urban Planner Approved: Frank H. Robbins,.AICP Executive Director Planning and Development 000376 a No `Q3 p~ ATTACHMENT 1 kvmda P-92-044 Love's Country Stores Addition NORTH 1 ',.ice f ` 4 SITE [ l f 1 I bate: Scale: NONE ~e Benda No _-_l = /l - ATTACHMEPT 2 Ageidallem%J yl ,ove's Country Stores, Block I I,ot I NORTH f i ~ Q! ~ a 2 OJ 3J o ~~I ( F.M. 3163 _MILAM ROAD PORTION TO BE ANNEXED f I PORTION WITHIN CITY and ZONED COMMERCIAL (CONDITIONED) 1 and ZONED COMMERCIAL (CONDITIONED) i f OANZER ROAD Date: 2/5/93 Scale: NONE i °P~1dNO ~ ~ / ATTACHMENT 3 Ageghlfem LAND USE MANAGEMENT INFORMATION SYSTEM /y PLANNING AND DEVELOpXENT DEPARTMENT DENTON Intensity area- 2 2 ' ----CITY OF----------------------- Type: Bounds survey tones: 6691 Low Intensity trips/Ac ry Description: North: FM 3163 60 Date; 11/21/89 South: Milani crook East: FM 2164 West: I 35 LAND USE EXISTING CATEGORY LAND US r CURRENT ZONING UNITS ACRES INTENSITY ~ "'-^-------_O_ ACRES INTENSITY SF-16 < ~'-------0---- -ACRE NED ---S___UNITS INTExsrT SF-30>16 14PMENTS 0 -----___O____-- SF-7>10 9 2.25 90 0 0 -•G LESS SF •7 0 0 0 0 0 0 0 0 0 0 0 0 0 MOB.NON"S 1 0.5 0 0 0 0 0 DUPLEX 0 10 0 0 0 0 0 MF-R 0 0 0 0 0 0 0 0 MF-1&2 0 0 0 0 0 COX/RET 0 0 5.18 0 0 0 0 0 OFFICE 3367 0 0 0 0 0 INDUSTRY 0 0 0 0 0 0 0 0 IINSTTONAL 0 0 0 0 0 0 PARKS 0 8.53 725.05 0 0 0 0 0 R/0/SPACE 0 0 0 0 0 0 0 0 0 146.25 0 0 0 0 TRANSPORT 0 37.93 0 0 0 0 0 0 AGRIC. 0 0 0 0 VACANT(.) 0 0 1063.79 0 21.24 0 0 . 0 0 0 0 0 0 1042 . 53 0 0 0 TOTAL 0 10 1.-- 0 1042.53 0 0 0 TOTAL --264--.-4-] 0 0 1063.79 419 2 0 0 INTENSITY _CALCULATIONS _ 2) Intensity area total tripps 2 Trips allocated to existing land usesl(hnllt) times 3 Trips allocated to current toning incl. P Ds (not built} 60 75866 ppa allocated to vacant lands not zoned 4192 d4 1.Per Trl centage otllocate ntensityd sity tocated plus Agric. zoning 63827 (1}a nus(2)on t 4 7846 Note: Vacant land under current zoning represent areas outside the city limits With •________________90 no zoning ATTACHMENT 4 [xlg _ - J~ P 6 Z Minutes March 24, 1993 Page 8 Mr. Glasscock moved to recommend approval of the final plat c' Lot 4, Block 1, Loop 288 Centre. Mr. Cooper seconded the motion. The motion carried unanimously (7-0). IV. Hold a public hearing for the proposed annexation of 3.85 acres located east of Interstate 35 and south of Milan Road and consider making a recommendation to the City Council. j Chairman Engelbrecht opened the public hearing. STAFF REPORTt Mr. Frank Robbins gave the staff report.. Mr. Robbins said the case was a continuation of a process that was begun back in February to annex the property that would be reviewed in the next zoning case, about existing uses. The City initiated the annexation. Staff would like to present both the zoning and the annexation to Council. one of the reasons for presenting both is to enablR them to deal with a service plan what was in the commissions back up. He said + that he would answer any questions. IN FAVORe None IN OPPOSITIONi None I J Mr. Cochran asked if there had been any response from the residents concerning the annexation. He stated that he was aware that they did not have to be notified, 14 Mr. Robbins said that no response was received. Chairman Engelbrecht closed the public hearing. Mr. Cochran made the motion to recommend approval of the 111{ annexation of 3.85 acres located East of interstate 3 and I Milam Road. Mr. Willis seconded the motion. The motion carried k unanimously (7-0). V. Z-93-006 - Hold a public hearing and consider the rezoning of 5.1312 scree of land from Agricultural and Commercial (c), with conditions to a commercial zoning district with ' conditions, Mr. Engelbrecht opened the public hearing. al, AoensaNo P & Z Minutes March 24, 1993 Page 9 STAFF REPORTa Staff report was given by Owen Yost. Mr. Yost pointed out to the Commission, in addition to the annexation thay were being asked to view the rezoning of the same piece of property. Mr. Yost said that the applicant was proposing to rezone 3.863 acre site from an Agricultural (A) zoning district, to a Commercial zoning district, with conditions, and simultaneously rezone the previously-zoned portion (1.2777 acres); resulting in the entirety of Lot 1, block 1, being zoned Commercial (conditioned). The requested conditions would be: I ~ 1. restrict permitted uses to: 1. truck parking lot; 2. gasoline service station; 3. restaurant; 4. retail stores and shops - 6,000 Square Feet or less; 5. permitted uses as listed in the Zoning ordinance, with a Specific Use permit. 2, limit the pervious surface to at least 801 of the lot; 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 said that the impact of the conditions would be that the owner, Love's Country Stores, would be allowed basically what they currently have. The tract is in Intensity Area No. 2, a low intensity area, which is proposed for primarily residential use. Ninety percent of its inte:sity trips are allocated. The rezoning of 5.140 acres allowing retail/commercial use would allocate 650 intensity trips per acre to the site. Mr. Yost pointed out that when the original land-use study was done (11/21/89) the site was allocated 650 trips per acre because Love's store was there at that time. Because of that the 901 allocation would not change. The Denton Development Plan allows for small concentration of non- reaidential/retail type uses in a low intensity area, The size of the concentration would be limited to five (5) acres on sites which would have diroct. access to a freeway. Mr. Yost said that as long as the pervious surface is at least So% of Lot i there would be no drainage improvements required. if the pervious surface should be changed it would trigger certain drainage requirements. The conditions that are being proposed to accompany the zoning :could limit the tract's use, putting it in conformity with the rest of the area. Staff recommends approval of the petition, with the four conditions discussed in the report. The landowner is in favor of the .request. The Development Review Committee recommended that the request be presentW to the Commission. ~a2. I I l f r~ E P 6 z Minutes /^J March 24, 1993 Page 10 Mr. Cochran asked how close the nearest residence was to the site. Mr. Yost said that it was roughly 3/4 of a mile to the nearest development which is Canyon Lake Estates. Staff sent out five (5) notices but got no replies. r Mr. Cochran ask if the five notices were sent out to residents inside the City limits. Mr. Yost said no. The notices were sent out whether or not someone was living inside the City limits. If they were within 200 feet of the zoning request a notice was sent. Mr. Robbins stated that the City is not legally required to notify people outside of the City limits, but we do so as a courtesy. Ms. Flemming asked why the square footage of the building was being limited to 10,000 Square feet. Mr, Yost said that the square footage was limited so that if the square footage changed, certain drainage requirements would be triggered. Ms. Flemming asked if the owner was in compliance. Mr. Yost said yes, he was. Mr, Cooper asked if the square footage could be greater than the 10,000 square feet if the building were multi-story. Mr. Yost said no. The total square footage could not be over 100000 square feet even if multi-story. Mr. Engelbrecht said that staff had indicated that land owncra had been notified, He asked if they had been given copies of the petition and maps. Mr. Yost said yes they had, Mr. Robbins said that he wanted to clarify that the City was G not the petitioner. Lovefs Country Store initiated the zoning case. Staff could not initiate a zoning case, The City was not the applicant or the petitioner. Mr. Yost said that Love0s initiated the zoning case and staff suggested that they not pay for two cases. It would be best to wait till the annexation for the second zoning. The City e13. { I ACenda No 1 . ABenda1,em -z:'t , 11-gs . rug v, ~ P 6 Z Minutes 711/ March 24, 1993 Page 11 initiated the annexation but Lovefs petitioned and agreed to the conditions. Only one fee was charged. Mr. Engelbrecht asked if the applicants representative was present since the City was not the applicant. No one representing the applicant was present. IN FAVORI None IN OPPOSITIONI None Mr. Yost said that staff recommended that Z-93-006 be recommended to council. Mr. Cooper said that on Page 71, item 1 stated that retail stores or shops would be restricted to 600 square feet or less, and item 4 stated that the maximum square footage would be 10,000 square feet. Mr, Yost said that a more accurate description is 10,000 square feet is allocated to Lovest Country Store. Out of the '0,000 square feet 6,000 could be retail, and the other 4,000 square feet would be allowed for other uses such as, offices, washrooms, service station etc. The public hearing was closed. Mr. Glasscock moved to recommend Z-93-006 with the conditions as stated. Dr. Huey secondef the motion. The motion carried unanimously (7-0). VI. Consider the final plat. of Lot 1, Block 1 of the Lone Star Par 3 Addition. STAF1 REPORTI Staff report was given by Mr. Yost. Mr. Yost explained that the Commission had already seen the plat in preliminary form. He stated that there were seven reasonable nexi with the proposal. The seven (7) items as outlined bear no reasonable relation to the development and are not required to be built at the current time. The preliminary plat showed t recommended he buildable area. The Development Review Committee conform with the~Subdivision Land Development t Regulati nso but with the approval of the 7 items as mentioned the final plat could be approved. I I i i e~~~lord~mtlem.~ { Adendalleq I" ORDINANCE N0. If AN ORDINANCE Oi THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE ~I (A) TO OF 3.8543 ACRES OF LAND FROM AGRICULTURAL ZONING DISTRIC'P CLASSIFICATION AND USE DESIGNATION WITH CO CONDITIONS AND C7 ACRES OF COMMERCIAL (C-c) ONSOLIDATING SUCH ACREAGE WITH 1.277 MERCIAL WITH CONDITIONS A 5.1312 TRACT OF (C-°) PURSUANT TO ORDINANCE 93 022N TO FORM - ROAD 312 TRACT LAND LOCATED ON THE SOUTHEAST CORNER OF MIFAM MAXIMUM AMOUNT OF AND INTERSTATE 351 PROVIDING FOR A PENALTY IN THE AN EFFECTIVE DATE,$2~000 FOR VIOLATIONS THEREOFt AND PROVIDING FOR WHEREAS, Love's Country Stores Applied for a change in zonin ' Inc. (Musket Corporation gricultural (A) to Commercial g for 3.8543 acres of ) has use desi (C-c) district classification from gnation with conditions and to consolidateisuchtacreage with 1.2777 acres of land zoned Commercial with conditions pa~suant to Ordinance No, 93-022 to form a 5.1312 acre tract t and (C-of I WHEREAS, on March 24, 1993, the Planning and zonin recommended approval of the requested change in zonin ! g commission ~ WHEREAS, the Cit 91 and be in compliance with y Council finds that the the Denton Development change in zonin {I ; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, desi I' That the zoning district classification and use 1 gnation of the 5.1312 acres of land attached hereto and incorporated into this ordinance by reference, cribed to Exhibit A, is changed from Commercial with conditions as(C-C) and Agricultural (A) to Commercial with conditions under district classification and use designation City of Denton the comprehensive zoning ordinance of the Texas. Comprehe~si aninhat in accordance with Section 35-123 subject ns the follow Ordinance, the use of the of the g conditions, property shall be 1• Of the uses allowed in a commercial district is restricted to the following uses, this property (a) truck parking lot, (b) gasoline service station) (c) restaurant, (d) retail stores end shops least 6,000 square feet -r AgondaNc Agenda IIoff (e) any use listed in Section 35-77 (use regulat~pn~ districts) of the Code of ordinances for whit a specific use permit has been issued pursuant to Section 35.106 of the Code of Ordinances. 2. The pervious surface of the property shall not be less and 80% of the lot. 3. 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 10,090 square feet. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECT19N . 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 City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1993, BOB CASTLEBERRY MAYOR ATTEST: I JENNIFER WALTERS, CITY SECRETARY , BY: APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITTCit~,CITY ATTORNEY BY: PAGE 2 I 1 -AoondaNo EXHIBIT "A" i FIELD NOTES TO 3.8534 ACRES IN THE JOHN AYERS SURVEY ABSTRACT 2, CITY OF DENTON, DENTON COUNTY, TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE JOHI- AYERS SURVEY ABSTRACT 20 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 1 APRIL, 19 5, RECORDED IN VOLUME 1630, PAGE 42 REAL PROPERTY RECORDS G.:' DENTON COUNTY, TEXAS AND BEING MARE PARTICULARLY DESCRIBED AS FOLLOWSt BEGINNING AT A RIGHT-OF-WAY POST AT THE SOUTHWEST CORNER OF A 0.70 ACPX TRACT DESCRIBED IN A DEED FROM 3TUCKEY'S INC. 'TO THE STATE OF TEXASI FOR RIGHT-OF-WAY PURPOSES, ON THE 27TH DAY OF OCTOBER, 19750 RECORDED IN VOLUME 613, PAGE 127, DEED RECORDS OF DENTON COUNTY, TEXAS= THENCE SOUTH 89 DEGREES 55 MINUTES 17 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY OF F.M. ROAD 3163 (MILAM ROAD), A DISTANCE ;F 150.0 FEET TO AN IRON PINS THENCE SOUTH 00 DEGREES 04 MINUTES 43 SECONDS WEST A DISTANCE OF 265.0 FEET TO AN IRON PINE THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS WEST A DISTANCE OF 155-00 FEET TO AN IRON PINt THENCE SOUTH 00 DEGREES 13 MINUTES 23 SECONDS EAST A DISTANCE OF 442.42 FEET TO AN IRON PINt THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 217.23 FEET TO THE PRESENT CITY LIMIT LINE OF THE CITY OF DENTON, TEXAS, BEING 250.0 FEET PERPENDICULAR FROM THE CENTERLINE OF INTERSTATE HIGFrWAY 3$1 THENCE NORTH 00 DEGREES 08 MINUTES 53 SECONDS EAST ALONG SAID CITY LIMIT LINE, BEING 250.0 FEET FROM AND PARALLEL WITH SAID HIGHWAY CENTERLINE, A DISTANCE OF 591.09 FEET TO A CORNER] THENCE SOUTH 89 DEGREES 54 MINUTES 31 SECONDS EAST WITH SAID RIGHT-OF-WAY A DISTANCE OF 217.93 FEET TO A WOOD RIGHT-OF-WAY POSTt THENCE NORTH 00 DEGREES 40 MINUTES 24 SECONDS EAST WITH THE, EAST RIGHT-OF-WAY OF I.H. 35, A DISTANCE OF 116.68 FEET 9'0 THE POINT OF BEGINNING CONTAINING IN ALL 3,8534 ACRES OF LAND. J I CIT COUNCI'L. M i A i`\ Aov&Na,~; Aq~ntl>11tem `~Cr'.~ CITY COUNCIL REPORT FORMAT , Oat TO: Mayor and Members of the City Council to 4C FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Jimmy Pale Brown RECOMMENDATION: The ax epartment has mailed an flverpavment Letter and an Application F---~', for Refund to the taxpayer. All completed form,; and necessary docunenta- tion have been returned, requesting; this refund, which the Tax Technician recommends. SUMMARY: iap er 31.11 of the Texas nrouertty Tax rude requires the aoarnwal of the governing body of the taxing unit, for refund in excess of R 500.09. Jimmy Brown has renuested a refund in the amount of e 653.12, because he overpaid his 1990 tax on account #023905. BACKGROUND: mown made a payment of S 130.13 on January 31, 10111 and another payment of $ 053.12 on January 31, 1991 on account # 023905 aF;ainst a tax base of $ 230.13. A tax refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Jimmy Pale Brown FISCAL IMPACT: 653.12 RESPE SULLY S ITT ED / G~1>y~ o acre City Manager Prepared by: / ce- me aN me c , c ne err Tax Technician Approved: ar J~ eon re i TTr 'surer 2633C/3 ApenIaNIf .._.CLI Syr. Prop" Ta2 6oard APPLICATION FOR TAX REFUND A enda!tefa R.rund Applicatlon 31,11(4112) Q Collecting Office Name; _r. Collecting rax For. (Taxing nits) Address City, Stat% Zip Code In order to apply for a tax refund, the following info•mation must be provided by the taxpayer. - IDENTIFICATION OF PROPERTY 0 R: Name: --v-11"m-1/JZRt1 lZoru~1 Address. - VQ5 iV, VNr✓ K•- 1 4-3 fT6 AJ 3n!-/8~f1 Telephone Number (if additional information Is neednd): . IDENTIFICATION OF PROPI~EPTY: &'A/ Descrlption 01 Property: _1x-11 6# eoL AUD i / BLOCK ~ , LoT /I Address or Location of Property: D NI~ANrtg 5t. Account Number of Property: Q 3105 or Tax Aceipt Number; INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund is Requested is Requested Tax Payment Taxes Paid Requested 1. eirv of Zirti'r«f 19 0 1~3/ J 19YL s -a~• /3 2.dirY et~fa7aal19 /-3!_119`7, S A53,Iz s 653,1j~__ 3. 19 .119- S S Taxpayer's reason for refund (attach supporting documentation): 4 A hereby epply I rSRd~ land of th v esch bed taxes and certify that the informabon I have given on this form and Corr cc" S' in Lure Z~ ~ Date of Application for Tax Refund DETERMINATION FOR TAX REFUND; Approval ---Disapproval Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing Dote Unit(s) for refund applications over $500 Any person who makes a Islas entry upon the forsgolng record Mae be sub)eN lo one of IM folowing penalties; 1, (mprlsor meld of not more then 10 years nor lasa than 2 years and/or a films of not more than $5,000 or both such Ire and Imprisonment; 9. conlnamsnt In )am for a term up to 1 yssr or a fine not le exceed 82,000 or both such One and Inlprfsonniii n w1 forth In Section 91.10, Penal Code. av~tio n v~ 1 . BANK ONE r `J i.e. RENTALS TRUST ACCOUNT 215 W HICKORY ' AgbndaNem d! 405 WEST UNIVERSIryry DRIVE DENTON. TWS )b 201 DENTON, TEXAS 76201 < 3 f (Bl7) 566 ]5]p , ' 1533 PAY ' FIVE THOUSAND WO. UNDRED SIXTY TWO,DOLLARS AND 04 CENTS"A, TO THE ` DATE AMOUNT I CRDEROF ; 1/31/91 $5,262, City of Denton' ,Xex.Department ~215 E.>McKipfiW', Denton;.TeraE'76201 f «o~~ers 1 II'00 15 3 3u~ I; 1 1 1902 149,: 410 3 3 20 14 7 7no ,'DD0D 5 26 204tt' a 4+1~~. I r)0 f ,I:' I I h' r I.it la aaigt' ~f 1,4 t... ~r a ry S~ j ifs!' r r" t r~4 1+~ ' ii i h , 01 i'd 4.1' K V 41 P4 J'% l'J .~'~l,Yt1''!'1 ,'f~tfd, d icy l ! 9.r Agenda No. AgerdaIto M mLi; =L4 E3~►e _~~1~~Q3 RENTALS TRUST ACCOUNT 1533 CHECK Z Address Amount Tax ID# Address Amount 3912 Atlas $189.Q5 1450 624 Campbell $291.63 ~ 3601-03 Dunes 627.1 905065 612 Fallmeadow 653.12K (.Prop.) 3211 Fall meadow ' 653.12 239050 1401 Panhandle 230.13 1423 Stuart 381.42 vf/ 283080 1501 Stuart 392.32 t/ 1312 Windstream 420.48 / 751590 1314 Windstream 419.96 / / 4--Windswept 389.97 t/ 327550 216 Austin 117:00 218 Austin 495.80 . ' f it I I REPORT FiOROBOW 05/04/93 AT 22:01 O V E. R P A Y M E N T 5 PA ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PA 03481400000 90/03/17.0293 CAREY, LVNDAL N BONNIE BRAE 1,147,25 OVERPAY 02414900000 90/03/13-0761 1EAOUE, EDITH A 6 MC09NNEV ST 41,09 OVERPAY 02970600000 90/03/17-0073 BLACK, JOHN L E OAK BT 90.07 OVERPAY 03200300000 90/03/16.0419 DENTON, CITY OF I HICKORY ST 11,061.14 OVERPAY 03203400000 90/03/10-0421 DENTON CITY OF E HICKORY ST 434.72 OVERPAY 01196800000 90103/21.0169 BARNET;, WILLIAM K ECTOR ST 6.66 OVERPAY 10530200000 90/03/27-0021 YALENTY, RACHEL E W WINDSOR ST 51.49 OVERPAY 06236700000 90/03/27.0665 SANFORD, CLIVE C GABE CT 324.75 OVERPAY 03126100000 90/03127.0753 ROSE, RONALD E SUNNYDALE LN 130,84 OVERPAY 07480400000 00/03/27.1010 SALTER ROSE07 4 DOROTHY FRY -323 ST 634.96 OVERPAY / t2050400000 90104/02.1433 SASS, THOMAS J DAN FORREBT CK 100.18 OVERPAY 03145200000 90/04/03.0486 WRIGHT, EDWIN E JR DENISON ST 6.00 OVERPAY 10404100000 90104107.0010 TRtPP. BOB E TRUST NO 2 EVEAS PW 1.00 OVERPAY 09990900000 90/04/07.0372 GOLDEN GATE MGNT 110.21 OVERPAY 02620400000 90/04/08-0010 TER RAY CO MOHICAN AV 20,00 OVERPAY 03169000000 90/04/09.0128 BATES, CLINTON 1 AUTUMN OAK DA 342,81 OVERPAY 03232300000 90/04/08.0131 OLOVIR, ALBERT H ROB-O-LINK LN 205,16 OVERPAY 03000400000 90/04/05.0290 MIENS WINNIE L MISTYW000 LN 324,23 OVERPAY 03002400000 90/04/08-0261 DAY, IIENNIE 0 EMERSON LN 09.18 OVERPAY 01604600000 90/04/06-0660 OROWNSTED LINDA L TIMBEROREEN CR 300.00 OVERPAY 0!740000000 90104108.0419 KEASLER, AAYMONR L SOUTHRIDGE DR 20.00 %VgRPAY 02934200000 90/04/08-0600 WOLSKI, EDWARD F GUADALUPE PL 4.30 OVERPAY 03327400000 90/04106.1035 HALAPIR, SIMON BOLIVAR ST 63.90 OVERPAY 03327400000 90/04/09.1071 HALAPIR, SIMON BOLIVAR 51 150.10 OVERPAY 03137200000 90/04/10.0027 DAVIS BERT E KAYEWOOD OR 1.00 OVERPAY i 01091300000 90/04114.0380 WALTEASOHEID, STEPHEN J BERNARD ST 2.00 OVERPAY 13108100000 00104116-0011e2e6 uAIKEN DAN M DOUBLROAK OT 154.20 OVERPAY AERY. .y GAY2Q~B -.WINHA.T.[ ' 2 OVV OERPPAY n10~RneanQ *0* 03 9 0 0 /041St 01004; - 03 M_ _ ►ANHA DLE ST ST 603_11! 0239000-- YOCTJST-'~"T<23 "~"'-"'-"-"-'7.00' A1T2,Y•""' ~90000 90/05/06.0000 HARPOOL OAK PROPERTY E MCKINNEY ST 0,95 OVERPAY 10620000000 90/05/06.0136 PEOPLES HERITAGE 427.04 OVERPAY 10431900900 90105105-0060 DIEBOLD JAMES W JR CHAPEL OR 938,03 OVERPAY 02234100000 90/00/06.0139 CAlIOHTON, JO ANN IMPERIAL DR 434.77 OVERPAY 10!02600000 6o/08107.0021 MOHAIR, LAQUITHA J PLUM HOLLOW $T 524.93 OVERPAY 00427400000 90/05/01.0303 BROWN. JIMMIE A REAVES, GEORGE AYE P 9.22 OVERPAY .02044 Dodo* 00/00/01.0840 SIMS GARY W AUBURN OR 50,00 OVERPAY 02360100000 90/05/11-0165 WILLEAMS, JOHNNY 0 [DAN ST 4.00 OVERPAY 13667700000 90/00/13-0426 C[NOER, SUSAN E MCKINNEY 0 6 83.14 OVERPAY 13716900000 90/05/13.0432 [STEP, STEVE I! MCKINNEY A61 248.07 OVERPAY 13662600000 00/0&/22.0022 DOTY MICHAEL E MCKINNIV 012 1.69 OVERPAY 01347200000 00/05/24.00;1 WALKjA TERRY A SANTIAGO PL 64.20 OVERPAY 03147000000 90/00/28.0000 WARD, EDWARD SNYD[R BT 0.06 OVERPAY 02503400000 00105126.0109 ALICK, NANCY L A EDWIN L CORNELL LN 2.00 OVERPAY 02524000000 90/06/26.0202 RUMPF, WM A HUNTINOTON DR 456.33 OVERPAY 02664000000 90/06/07.0001 BRlA RLEY, DONALD I. SCETOWN OR 9,01 OVERPAY 03000600000 90/06/13.OOOJ SPURRIER LYLE W SIERRA OR 142.61 OVERPAY 02817000000 90107109.0040 PACK. MA~GARET EVELYN SCHMITZ AV 47.66 OVER 08390400000 00/01/00.0045 REED, CHARLES A 14.08 OVER i vj l 'La<I NR11~ .st ' •r tFF:ir =cF't t+~N SN1sNr::::: C i CCSPa+ir11.I1+<J: i:: . .'000+♦'Ct.^-Ct:4. d•srNRSr r. ur:::: . 1 .~<CCj' GtiF:C:T.'~'Catl rrr+J+Yw e:::/: 1 .'rSIIrC~-.~:F %adkiif aR.rr lath::,:FYY CCCli`~3'-r`~tiF li S~tN IN41I t::i: a Grr: r..-: :'t r: rr.•oc:rss. a. sr.-:::. . ,.+rrr+rw:: .Y4ss.sr::.'. f KM 4-CC rs:: ftt{•a a'fa V. .Y•1'NVY:: i . •Y':i .r.r W.yrtgNaV'.n!fNl YYNi4'aOiLL':::'.:.•..: •n.~.Y'rr NnNYYUai+NUan+WY»:91.. . . ✓+r•r+q.vM+YK~tM.M+uausnb.wavnl4]-.~:: rrw.•.'n✓rn~Y.4PVVgMsn•1~\n•aJ'.4's'. :1'. .....~.~.~.~nMMYWRVYflMMM4.AM1YhbYS ' . ' •.T✓•"rn .HYMN YR M\t✓lbnnA.a,MWA i~.:'.'.'.: yNww~nNilglq✓W..n'VYJatM.•ia 4a'a•a•. w•nWNrq♦werypNORpnY.nntlOA b .~T+~ t'I' M+YgnrgNpa.Y/A'wnnnno t Ynw ~4Aie+wla~ ' 11't. in p,44bAt~rWgNryAht 40.. F~ 'f✓trMnAgM7•A.~ ~{tl~rybarra.. a,. Ab t'frrrN N:'. tiflNt s: . . a r. r4ubf tv•.:+.~1 P>attt+.. ri>t>ttv\:..tf ♦t tl::' 1 ♦ >11 Y.: ' •♦{ttf tt' 1 t ♦tN\\ i>ta•\1' ♦ tlt, ttttl- ♦tll, NSfa• i if I ~ i r i i < o b i0 i .:t I Ebtt ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law r 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 for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIOW I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the best responsible bids for such items; BID ITEM 1 / NUMBER NO. VENDOR AMOUNT I1 1479 ALL BIG JOHN MFG CO. ;18,349.00 1488 ALL S 5 S WELDING EXHIBIT A 1490 A MAXWELL SUPPLY ;36,960.29 1496 113,4 PREFERRED SALES $56,140.00 1496 2 PRIESTER SUPPLY $24,260.00 1500 1 TEMPLE INC. $3B,227.50 1500 213 WATSON ELECTRIC $ 3,270.60 1500 415 POLELINE ELECTRIC $49,980.00 SECTION II. 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 Bid Invitations, Bid Proposals, and related documents. I I ii r Awda No Agendahem.~ SECTION III. That should the City and persons submitting ap- proved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto provided that the written contract is in accordance with the terms, conditions, spoc- ific.:tions, standards, quantities and specified sums contained in the Bid Proposal and related documents 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 I 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 thiv ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: h I AG 9W1 No Agenda ltes " I RID 1488 I I I BID NAME Roll Off Refuse Containers 1 S 6 S WELDING I 1 I I I j OPEN DATE May 4, 1993 I I I 1 EBHIBIT A 1 f 14UANTITYI DESCkIPTION 1 VENDOR 1 I _.I I I___ I I I 1 I I I 1. 1 3 130 C.Y. Open Top container j $2,587.00 1 I ~ I I i I I 2. 1 2 120 C.Y. Open Top Container 1 $2,411.00 j I i { 3. 1 2 140 C.Y. open Top Container 1 $2,819.00 1 I ~ I I I I I I I ADDENDUM 1 YES 1 I I I Deliveryi 1 30 DAYS 1 I I a" A bodabit, t~S_ ATE: May 18, 1993 CITY COUNCIL REPORT _ YT - "fie TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, Pity Manager 1 SUBJECT: BID # 1479 - BRUSH CHIPPER RECOMMENDATION: We recommend this bid be awarded to Big John Mfg. Co. Inc. Fn the amount of 18,349.00. r SUMMARY: This bid is for the purchase of a commercial heavy duty 12" diameter capacity brush chipper. It will be utilized by the Electric Utility Departwent In their overhead line clearance program as wela as easement maintenance. I Big John Inc. is the only bidder responding that meet specification for a 100 horsepowered unit with double edge cutting knives and 41' diameter shaft. The unit offered by Goldwaites Is 85 horsepower, single edge knives with 31' shaft. BACKGROUND: Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution Division and Overhead Electric Line Maintenance. FISCAL IMPACT: 1992-93 budget funds account #810-080-0252-9232, Capital Expenditure - General Plant Equipment. Respect Ily submitte 0~~ / Io d . Harrell City Manager Approved: C~ Name: Tom D.Shaw,C.P.M. Title: Purchastng Agent ~grna~.7U I q;anIaNo - Agenda ~t~L BID f 1479 j i it/ xP6 { BID NAME BRUSH CHIPPER { GOLDTHWAITES i BANDIT IND { BZO JOHN { I I I f OPEN DATE APRIL 13, 1993 I I i I $ IQUANTITY i DESCRIPTION I VENDOR I VENDOR I VENDOR I _I I I I I. I ~ I I I I I l I l I BRUSH CHIPPER I $16,790.00 { NO BID I $18,349.00 I i I 1 I I I { DELIVERY I 15-30 DAYS { 60 DAYS I r I l I I I f j j i I I I I I I Aoer,daNo Age1daItem, ~fJ all) ATE:._AlA.Y l@,1993 "ry o2t G, CITY COUNCIL REPORT G I TO: Mayor and Members of the'City Council 1 FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1488 - ROLL OFF REFUSE CONTAINERS r RECOMMENDATION: We recommend this bid be aw9rded to the lowest bidder, S & S Welding as listed: I ITEM 1 30 CU YD CONTAINER $20587.00 EACH ITEM 2 20 CU YD CONTAINER $2,411.00 EACH ITEM 3 40 CU YD CONTAINER $2,819.00 EACH Prices to remain firm for 120 days. SUMMARY: This bid is for the purchase of Roll Off Refuse Containers for the Commercial Solid Waste Division. The quantities may vary during the 120 day f contract period. Our initial purchase will total $18,221.00 for 3 - 30 yard containers and 2 - 40 yard containers. These containers will be added to the "fleet" and available for rent to commercial customers. i BACKGROUND: Tabulation Sheet. i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Commercial Solld Waste I)MRon. i FISCAL IMPACT: 1992-93 Budget Funds account #630-024-0802-9106 Fixed Assets I bach~ ineryand Equipment. i Respectf tly submitted: t i e~~~' , 1o d .Harrell City Manager Approved: 1 Name: Tom D. Shaw, C. P. M. Title: Purchasing Agent I aq~nd~. )71 Y i I r I I I BID M 1488 I I I I 1 E I I I I I BID NAME Roil Off Refuse Containers I FUQUA I ADVANCE I S & S WELDING I MAY 1 ENTERPRISES I WASTE I I FABRICATING I { OPEN DATE May 4, 1993 I I SYSTEMS I I 1 4 (QUANTITY{ DESCRIPTION VENDOR I VENDOR I VENDOR I VENDOR 1 ~ ~I I I I I -I ~I 1. 1 3 130 C.Y. Open Too Container 1 $2,750.00 1 =3,247.20 1 $2,587.00 1 620749.S0 1 I I I I I ~ I 2. 1 2 120 C.Y. Open Top Container 1 $2,450.00 1 $2,954.00 1 $2,411.00 1 =2,583.50 1 I 1 I I I J I 3. 1 2 140 C.Y. Open Top Container 1 $20950.00 1 -0- 1 $2,819.00 1 $3,133.50 1 I i I I I I I { { ADDENDUM 1 YES 1 NO 1 YES 1 YES 1 { { Deliveryi 1 90 DAYS 1 30 DAYS 1 30 DAYS { 5-15 DAYS 1 I i f. c, i 40endaNo Agendallemt I 7, 13: MAY 18~ 19g3 CITY COUNCIL RM ~ ~?D TO: Mayor and Members of the City Council I~ FROM: Lloyd V. Iiarrell, City Manager SUBJECT: BID # 1490 - IRRIGATION MATERIALS AND CONTROLS RECOMMENDATION: We recommend that Section A Irrigation Supplies of this be ~ awarded to the Iowest bidder, Maxwell Supply in the amount of $36,960.29 . We also recommend that all bids for Section B Controls be rejecte3 and rebid at a later date. SUMAiARY: Section A of this bid is for the purchase of pipe, fittings and Irrigation heads f orth Lakes Park Improvement Project. These supplies will be utilized to irrigate the new ball fields and soccer fields, approximately 48,000' feet Of pipe, 50,000 feet of conMaor trol abl Pe,n600 irrigation heads bid are and numerous fittings. Six responses were received from the eleven'AvItatl0[Is mailed. Installation will be done by Park Maintenance Personnel. Section B bids for irrigation controls will be rebid at a later date after modifications are made to the bid specifications. of Parka. BACKGROUND: Tabulation Sheet, Memorandum from Bob Tickner, Superintendent PROGRAMS DEPARTMENTS OR GROUPS AFFECTED, Department, park Maintenance Div sion. Parks and Recreation FISCAL IMPACT: Funds for this project are 50% from Texas Parks and Wildlife Park Grant and 50I f rom park Improvement Bond funds Account #465-038.0063-0001-9009. Respect idly submitttt Loy V. Harrell City Manager Approved: ~y . m- e: Tom Shaw ,C.P.M Title: Purchasing Agent BID # 1490 I I I I I { I I I I I I I I BID NAME IRRIGATION MATERIALS 6 I DENTEX I MAXWELL 1GOLDTHWAITESI PIPE I LONGHORN I WICKHAM 1 CONTROLS I SUPPLY I SUPPLY I I N HEADS ( INC I SUPPLY OPEN DATE APRIL 13, 1993 I I I I I I I # (QUANTITY I DESCRIPTION I I I I _ I I I I VENDOR I VENDOR ~ VENDOR I VENDOR I VENDOR I VENDOR 1 I I { I I I I I I I I SECTION A I I I I I I I I 1 I I I I I I I IRRIGATION SUPPLIES I=37,808.49 1$36,960.29 1 $54,259.94 1:40,403.19 1$38,496.43 1:410007.07 1 DELIVERY 1 30 DAYS 1 30 DAYS 1 5 DAYS 1 3 DAYS 1 1-5 DAYS 1 14 DAYS 1 I I I I I { I I I I I I I I I I I I I I SECTION B 1 I I I I I I I I I I I i I I I I CONTROLS 1$48,332.00 1$46,985.56 1 $41,716.00 I NO BID 1$48,820.23 1$41,034.11 1 I f I I I ! I I I I ( DELIVERY 1 30 DAYS 1 10 DAYS 1 10 DAYS I I 1 JUNE 1ST 1 I 1 OPTIONS 1 I I I I I I I I$42,416.81 1 I I I I I I I 1 OPTIONS I I I I I I I I 1$44,885.60 1 1 I I I I I I 1 OPTIONS I I I I I I I I 1$240797.76 1 I I I I I I I I I I i I I agenda No Date ~_':1 ~ _9 G' CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M r TO: Tom Shaw, Purchasing Agent FROM: Bob Tickner, Superintendent of Parks DATE: May 30, 1993 SUBJECT: Recommendation on Bid #1490 Irrigation Materials, We have reviewed bids received for bid #1490 Irrigation Supplies and Controls for the North Lakes Park project, Texas Parks and Wildlife Department Project 20-00401. We recommend the low bid of Maxwell Supply, 7407 East Commercial, Arlington, Texas 76017 in the amount of $36,960.29 for Section I. Other bids received were: 1. Dentex Supply $37,808.49 2. Longhorn Inc. $381496.43 3. Pipe -N- Heads $40,403.19 4. Wickham Supply $410007.07 5. Goldthwaites of Texas $54,259.94 Bid estimate was $40,000. This material will be installed on the new North Lakes Softball and Soccer fields. We wish to reject bids received on Section II Centralized irrigation and ballfield control due to new information discovered in the bid process. we will make modifications to the bid specifications and rebid section 11. Please advise if can provide any additional information. r Robert K. Tiakner Superintendent of Parks BTIve 05011026 8171568.8200 DIFW METRO 434.2629 DATE: MAY 18, 1993 CITY COUNCIL REPORT A097da No TO: Mayor and Members of the City Council Apendalien:_ rble b'/e''~•3 FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1496 - DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the following evaluated low bidders: Item 1,3,4 Preferred Sales for a total of $560140.00 Item 2 Priester Supply for a total of $24,260.00 SUMMARY: This bid is for the purchase of new distribution transformers for replenishment of stock, they will be iised throughout the Electrical Distribution System as needed. Nine bid proposals were received in response to tw-inty-one bids mailed. BACKGROUND: Tabulation Sheet, Memorandum from Don McLaughlin dated May 10, 1993. FISCAL IMPACT: Budgeted funds for 1993 Electric Distribution account #610-080- 0252-9222 with a balance of $536,173.97. . Respectf submitte Loy Harrell City Manager Prepared by:I n p ,r ~ y Namo: Denise Harpocl _`I Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent agandi.369 BID # 1496 I I I I I I I PREFERRED ! STUART I SESCO I TEFPLE I PRIESTER 1 810 NAME DISTRIBUTIION TRANSFORMERS I SALES I IRBY I I I SUPPLY 1 AGENCY I I I I I OPEN DATE MAY 4, 1993 I I I I I I I I~ I I I ~ 1 (QUANTITY{ DESCRIPTION I VENDOR $ VENDOR I VENDOR I VENDOR I VENDOR 1 ~I~.__! I I I I_ I I 1. 1 20 1PAL)NOUNTED DISTRIBUTION 1 $953.00 I NO BID $ $1,414.00 { $1,203.16 1 $1,077.00 I I !TRANSFORMER 50 KVA I I I I I I 2. 1 20 1PADMCUNTED DISTRIBUTION 1 $10220.00 1 NO BID 1 $10793.00 I $1,580.00 1 $1,213.00 1 I 4TRANSFORMER 75 KVA f I I I I I 3. 1 15 1PADMOUNTED DISTRIBUTION 1 $1,418.00 1 NO BID I $2,103.00 1 $1,865.26 1 $1,379.00 1 I (TRANSFORMER 100 KVA I ( I I I I 4. 1 15 1CONVERNTIONAL OVERHEAD 1 $10054.00 1 NO BID 1 11,238.00 1 $1,036.84 1 $10445.00 1 IDISTRIBUTION TRANSFORMER 75KVAI I I I I I MFGi SESCO ON COOPER DEI.IVERYi 49 DAYS 90 DAYS 84 DAYS 120 DAYS BID 1 1496 I I I I I I BID NAME DISTRIBUTIION TRANSFORMERS 1 CUMMINS 1 POLELINE 1 TECHLINE 1 WESCO 1 1 SUPPLY ( ELECTRIC 1 I I OPEN DATE MAY 4, 1993 I i I I I I # (QUANTITY( DESCRIPTION 1 VENDOR I VENDOR 1 VENDOR 1 VENDOR 1 VENDOR I r~l I ~~I I ~I~ ~I I ! 1. 1 20 1PADMOUNTED DISTRIBUTION 1 $10113.00 1 $10206.00 1 $11057.00 ( $11068.00 1 I I ITRANSFORMER 50 KVA Q S I I I I I I I I f 1 2. 1 20 1PAINOUNTED DISTRIBUTION 1 $10410.00 1 $10439.00 1 $1,324.00 ( $1036S.00 1 ( I 1TRANSFORMER 75 KVA l I I I I I I I I 3. 1 15 1PADMOUNTED DISTRIBUTION 1 $1,641.00 1 $1,674.00 1 $1,598.00 1 $10400.00 I I JTRANSFOPMER 100 KVA f I I I ` of 4. 1 15 1CONVERNTIONAL OVERHEAD 1 $10111.00 1 $1,033.00 1 $1,002.00 1 $l,o6o.oo 1 IDISTRIBUTION TRANSFORMER 75XVA1 { I I f Q I DELMAY1 I WHYS ~ 10 WEEKS f 15 - 17 WEEKS ( 63 DAYS i 1 Agenda No __LC~---- 30, ~ I 1 D-CITY&DENTONMUNICIPAL UTILITIES / 901•ATexas Street / Denton, TX 76201 M S M 0 R A N D U M T0o Denise Harpool, Purchasing Buyer li FROMt Donald L. McLaughlin, Senior Engineer DATES May 10, 1993 SUBJ1 TRANSFORMER PURCHASE SID NUMBER !1.496 rmmmmmsrrrmrmmmvrmmarrrrmmmmrmrrrrmmarrmmrarrvrrmmmrrrrrrrrrrrrrrrv The Electrical Engineering Department recommends that the bid be awarded to the following low bidders: - (20) 50 KVA mini pad to Preferred Sales for $953 each total cost $19,060 (20) 75 KVA mini pad to Priester for $1,213 each total cost $24,260 (1.5) 1.00 KVA mini pad to Preferred Sales for $1,418 each total cost $21,270 I • (15) 75 KVA overhead conventional to Preferred Sales for $1,054 each total cost $15,810 The mini pad transformers are needed to maintain stock levels. The 75 KVA overhead conventional transformers are needed to replace PCB transformers. 1 Total cost of this bid $80,400. included is the loss/ cost transformer evaluation calculation. If you have any questions, please call me a ext. '7119. I DLM: th 05103012 cc: R. E. Nelson, Executive Director of Utilities Jim Harder, Director of Electric Utilities Joe Cherri, Electric Engineer Administrator I I J^. a~ ,a4a!lam .1~?S.. 4;~ ITEM 1. LOSS/COST EVALUATION OF A 50 KVA PADMOUNTED TRANSFORMER___ ~4 ~?7 2G DO ?4!M G 07-May-91! 01'40PMI h -T MADE ~ NL ~ TL BID TCALCULATED DELIVERY BIDDER BY LOSSES LOSSES GOST -COST DAYS PREFERRED MALdNY 118= 554 1 W" 00 58y021 -_49 PRIESTER COOPER _117 475 51077.00 56,107 -112 TECHLIhE__ 103 512 $1057.00 $8`35 YVESCO 115 516 1068.00 $8,239 63 ?OLELINE - 106 499 _¢1 206.00 $8,597 77 CUMMINS UNITED- 125 635 -$13,001 56828 TEMPLE 122 714 $1,254.74 57724 _ 45 SESCO SESCO_- 18 _-1§04-- $1,414_00 y779 __90J LOW BIO I ~6 02+ ITEM 2: LOSS,'COST EVALUATION OF A 75 KVA PADMOUNTED TRANSFORMER MADE NL _ TL `BID CALCULATED DELIVERY BIDDER BY LOSSES LOSSES COST COST `DAYS PRIESTER COOPER 141 801 1.213,00 7 566 112 PREFERRED MAIONY -177 872 $1,224.00 7681 49 mSC0 173 588 _-$1385.00 7 784 63 TE.CHLINE 131 669 $1,324.00 $7,8w 112 POLELINE _ 189 631 _ 439.00 _ 107 77 CUMMINS UNITED 177 _ 863 1 410.00 107 70 TEIIIPLE178 _1888 ___$1.410.00 1 408.95 59.807 45 SESCO _ SESCO `_220,_ 20 1020 179300 11228 90 LOW BID _ s7,588 ITEM 3: LOSS/COST EVALUATION OF A 100 KVA PADMOUNTED TRANSFORMER -7 MADr NIL VTI. _ _81D CALCULATED DELIVERY ~BIDDER BY LOSSES iOSSEB C09T COST DAYS PREFERRED _ MALONY. 171 872 1.410.001 9138 49 PRIESTER COOPER _ 199 685 y0.00 _ $9,177 112 WESCO 173 927 _£1400.00 _ _9315 63 TECHLINE _ 184 _ 843 51,698.00 112 POLELINE _ 194 _ 773 1874_00 59A T7 ~CUMMIN9 UNITED = 236 1195 X1,641,00 11.506. 70 TEMPLE _ 232 1 6,.993.68 S_ 121075 45 SESCO SESCO _ 220 _ 114 ~ ~ 00 941 !_^_00--~ - - AovdaNo Agenda ltern,_: 5 R.. Palo-- _ z~LY-L.. ITEM 4; LOSS/COST EVALUATION OF A 7$ KVA CVERHEAD 1RANSFORMER i o7- hby-4Jk --j - - - - of .gyp PM MADE _ NL TL 818 -CALCULATED -DELIVERY BIDDEA - By LOSSES LOSSES COST COST _ DAYS PREFERRED MALONY i_ -04 $1,054.00 513880 49 _POLELINE 148' _ 755 -$1,033.00 13823 77 TECHLINE 184 777 X002,00 14-0-41 119 WESCO - - - 128 -831 $1 Dgoo 14 34 B3 SESCO SESCO 180 780 - $1.238-00 X5,695 90 PRIESTER COOPER 121 ` 655 $1.445.00 5814 70 CUMMINS UNITED _ 177 885 1 211_00 _--518,101 70 BiL TEMPLE 174 886 $1.289V.- _ 880 --45 LOW 818 3 1 li I i I Agenda D ff MAY 182 1993 CITY COUNCIL REPORT i cTO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 11500 - INSULATED POWER CABLE RECOMMENDATION: We recommend this bid be awarded to the low bidder meeting spi>ciffeation for Each item as follows: Item i Temple Inc. $38,227.50 Item 203 Watson Electric $ 3,270.60 Item 4,5 Poleline Electric $49,980.00 1 SUMMARY: This bid is for various cables for use by the Electric Distribution Department in repair to the System, These cables are carried In Inventory by the Warehouse and this purchase will replenish stock levels. The lower priced cables offered on item one did not meet specifications of this bid. Seven bid proposals were received in response to eighteen bids that were mailed. BACKOROUND: Tabulation Sheet, Memorandum from Don McLaughlin dated May 11, 1993. FISCAL IMPACT: Budgeted funds for Working Capital Electric account #710-0430- 0582-8708 with a balance of $248,0A, 22. e ectf ly subndt ed: Lloyd arre 1 City Manager prepared by: _r ~a ame: Den se Harpoo Title: Senior Buyer Approved: Name: -Tom- e.w,t;7P.M. Titles Purchasing Agent egena~.Jee BID s 1500 1 1 I I I , I I I I ! ' BID NAME INSULATED POWER CABLE I TEMPLE I TECHLINE I FOLELINE I CUMMINS PRIESTER I I I I I SUPPLY CO I OPEN DATE MAY 6, 1993 1 1 I I 1 I--- I-~ I 1---- 1 1 {QUANTITY! DESCRIPTION I VENDOR I VENDOR 1 VENDOR I VENDOR ( VENDOR - 1. { 22,500 ICABLE, PRI, 4/0, 220 NIL I 1.699' I NO BID 1.59844' ! 2122.H ! 1.84' 1 FT (INSULATED, 2500 ET PER REEL I I I 2. 13,500 FTICABLE, CU. f2, THAN, STRANDED 1 .296' I .32' I .308' 1 302.M I 0.34' 1500 FT PER REEL 3. 121500 FTICABLE, CU, 4/0, THMN, STRANDED( .915' I .98' 1 .911' 1 934.M { 01.04' I I 1500 FT PER REEL ! I I I I 4. 14,500 FTICABLE, AL, TRIPLEX, 2/0 1 .579' I .60' I .568' 1 593.M 1 .71' 1 1"RUNCINA", 1500 FT PER PEEL 1 1 1 1 S. 13,000 FTICABLE, AL, QUADRUPLEX, 2/0 1 .825' 1 .85' I .808' 1 899.M 1 1.00' 1 I 1"ORULLO", 1500 FT PER REEL I I I 1 1 I I DELIVERY 1 I 1 1 1 1 30-45 DAYS I 21-28 DAYS I 1-2 MEERB 1 (I1) 6 HR9 1 6-7 WEEKS I SUBJECT TO 7-10 DAYS *COPPER PRIOR BALE ESCALATION CLAuss I i `4 a i 1 i BID # I 1500 1 I I I ! BID NAME I INSULATED POWER CABLE I LAMBERT 1 WATSON 1 NO BID I OPEN DATE 1 MAY 6, 1993 i i ELECTRIC 1 1 I I 1 ! l -1 'QUANTITY! DESCRIPTION I VENDOR I VENDOR 1 I 1 1 INTERNATIONAL I I SUPPLY CO 1. 1 22,500 (CABLE, PR1, 410, 220 MIL i 1.672' i 1.80' 1 1 I FT (INSULATED, 2500 FT PER REEL 1 FURON DERORON 1 I I 2. 13,500 FTICABLE, CU. /2, THHN, STRANDED 1 .324' I .29164' 1 I 1 1500 FT PER REEL 1 I { 3. 12,500 FTICABLE, CU, 4/0, THRN, STRANDEDI .987' 1 .90' 1 I 1 (500 FT PER REEL I # 1 1 I I I I I 4. 14,500 FTICABLE, AL, TRIPLEX, 2/0 1 1 I I"RUNCINA", 1500 FT PER REEL f 519' i •6344' I 1 I I I I ( 5. 13,000 FTICABLE, AL, QUADRUPLEX, 2/0 i 1.142' i 2.50' 1 1 1 1"ORULLO", 1500 FT PER REEL I i I I I I I DELIVERY i 15 DAYS 1(11) 17-19 WX8 I 1 1 7-B WXS 1 J r 1' r a~ - r_~. ti a0endaNo - i6- A0enjatterrt--?,S 0114L4.._ ~t~ ~tf ~2v CITYo1DENTONMUNICIPA4UTILITIES / 90f ATexasStreet / Denton, Tx76201 M E M O R A N D U M TOs Denise Harpool, Purchasing Buyer FROM$ Donald L. McLaughlin, Senior Engineer 3 DATEt May 11, 1993 9UBJECTi INSULATED POWER CABLE Bid Number 1500 The Electrical Engineering department recommends that the bid be awarded to the following bidders, 1 - (22,500 ft) Cable, PRIMARY, 4/0, 220 MIL Insulated; for $1.699 per foot total cost $38,227.50 2 - (3,500 ft) Cable, Cu #2 THHN, Stranded to Watson ' Electric for $.29164 per foot total cost $1,020.6 3 - (2,500 ft) Cable, Cu 4/0 THHN, Stranded to Watson Electric for $.90 per foot total cot i $2,250 4 - (4,500 ft) Cable, Al Triplex, 2/0 "RUNCINA" to Poleline for $.568 per foot total cost $2,556 5 - (30000 ft) Cable, Al Quadruplex, 2/0 "GRULLO" to Poleline for $.808 per foot total cost $2,424 The THHN cable is needed to maintain stock levels. i Award lines 2 • 5 to low bidders. Award line #1 to Temple. The low bidder did not meet specifications for EPR conductor and insulation shield. Th e 4/0 primary cable is needed for Exposition Mill 300 KVA to 500 rth KVA Lake update, and°tojmaint in stock levelspnsion, Water Treatment Plant: Total cost of bid 1500 is $46,478,10 included is evaluation sheet from Purchasing has been provided for reference, Aj andaNo Denise Harpool Ek?'e Page 2 0 e% If you have any questio118, please call me 0 ext. 7119. DLM:th 'yj) BID1500.EVA - cc: R. E. Nelson, Executive Director of Utilities Jim Harder., Director of Electric Utilities Joe Cherri, Electric Engineer Administrator I LJ t O~ Of ~r to r OK Ap dti►ert,t Oate._ ORDINANCE NO. o' AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein! NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION j. That the following competitive bids for the con- 9truction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the office of the city's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER WTRACTOR AMM 1483 JAGOE PUBLIC COMPANY $120,796.30 1484 JAGOE PUBLIC COMPANY $133,161.99 compet~ivveebbiids shallt noteconstituteeaacontract b tweenttheaCity and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. ~.'~.QN__jU. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- Agerda No ~1= Pl s, tions plans and specifications, standards, quantities and speci- fied sums contained therein. SECTION JV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public i works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BY! I DATE: MAY 189 1993 CITY COUNCIL REPORT agenda ND3 AgendaileM _.L! -5 ;P~, Z3 TO: Mayor and Members of the City Council ht9' S-i5 - 9`~ FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 01483 - MOZINGO STREET WATER AND SEWER RECOMMENDATION: We recommend this bid be awarded to the low bidder, Jagoe Public Company in the total amount of $129,796.30. SUMMARY: This bid is for all materials and labor necessary in replacing the 8" waterline and 8" sewer line on Mozingo Street, This construction will cut down on possible excavation of the street for water and sewer line maintenance and repairs. The project involves approximately 1377 feet of waterline and 1332 feet of sewer line and extends along Mozingo from Lattimore Street to Tyler Street. Six bid proposals were received in response to sixty bid invitations that were mailed. BACKGROUND: Tabulation sheet, PUB Meeting Minutes dated April 21, 1993 recommending approval. FISCAL IMPACT: Budgeted Bond Funds for 1993 CIP acct 0 674-082-RB93-V302-9112 W th a balance of $66,545.00 and acct if 620-081-0461-9114 with a balance of $724,551.32. Aespectf y submi t Llo d Ha' I City Manager / Prepared by: Name: Denise Harpool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent ~q~nda.76! I ~ i i I BID t 1483 1 1 I I I I I I I I I I I 3 BID NAME MOZINGO STREET 8" WATERLINE I CAMINO I JAGOE I MOSS I CIRCLE "C" I DICKERSON j DBR j 3 8" SANITARY SEWER 1CONSTRUCTIONI PUBLIC ICONSTRUCTIONICONSTRUCTIONICONSTRUCTIONICVNSTRUCTIONI + OPEN DATE MARCH 30, 1993 I 1 I 1 I I I+ I_ ^1 I ~_I I _I j 1I QTY I DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I _I I I I I I I I I 1 I I ! I I I I I ! I I TOTAL BID 1:176,173.30 1:120,796.30 1:152,796.00 1;154,658.00 1=167,812.00 1;:49,210.00 1 I I I BOND I YES I YES I YES I YES I YES I YES I i I I I I I I I I I 1 i I W I 6\ I 1 a _ I ~teada No -Gr apen6allenL . , B Tf EXCERPT FROM PUBLIC UTILITIES BOARD MINUTES April 21, 1993 The following item was considered: 11. CONSIDER BID OPENING 140. 1483 FOR CAPITAL IMPROVEMENT PROJECT M02INGO STREET WATER AND SEWER REPLACEMENT. Nelson presented this item. After extensive discussion, Giesr made a motion to approve Item X11 as presented. Second by Coplen. All ayes, no nays, motion carried. 12. CONSIDER BID OPENING NO. 1484 FOR CAPITAL IMPROVEMENT PROJECT MCCORMICK STREET SANITARY SEWER. Nelson presented this item. After extensive discussion, Giese made a motion to approve Item #12 as presented. Second by Coplen. All ayes, no nays, motion carried. pub excerpt y AgendaNo A Ell e alt y Y CITY COUNCIL REPORT G~ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1484 - MCCORMICK STREET SANITARY SEWER RECOMMENDATION: We recommend this bid be awarded to the low bidder, Jagoe Public Company in the total amount of $133,161.99. SUMMARY: This bid is for all materials and labor necessary to replace the existing 8" sewer line with a 15" sewer line. This larger line will have enough capacity to handle current demands in the area. The project consist of approximiately 2100 feet of 15" sewer line and extends alon McCormick Street from Willowood to along 135. Six bid proposals were received in response to sixty invitations that were mailed. BACKGROUND: Tabulation sheet, PUB Meeting Minutes dated April 21, 1993 recommending approval, FISCAL IMPACT: Budgeted Bond Funds for 1993 CIP account #674-082-RB93-V209- 9138 with a balance of $133,162.00, espectf y submitted: L1 d Harre I City Manager Prepared by: ~ Name: Denise Harpool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent eganE~. 761 BID # 1484 I I ( I I ( I ! I I I I I I BID NAME MCCORMICK STREET SANITARY I CAMINO ! JAGOE ! HOSS ! CIRCLE "C" I DICKERSON I DBR I SEWER ICONSTRUCTIONI PUBLIC ICONSTRUCTIONICONSTRUCTIONICONSTRUCTIONICONSTRLCTIONI OPEN DATE MARCH 30, 1993 I I ! I I I I I_ 1 I _I I I #I QTY I DESCRIPTION I VENDOR I VENDOR { VENDOR I VENDOR I VENDOR I VENDOR I I - l I I 1 i I I I ' I ! I I ! ! I I I TOTAL BID AWARD 1:159,415.00 1:133,262.00 1$145,968.70 1$174,628.00 1;161,980.00 1$136,633.00 } } I I I I 1 I I ~ I ! I I ! 1 1 I I BOND I YES ! YES ! YES I YES ! YES } YES ! I } I I I l I ! 1 ~ I i ~ ~ I ! I I ! I J a AgendaltetrL~.S. Dale v ~ + EXCERPT FROM PUBLIC UTILITIES BOARD MINUTES April 210 1993 The following item was consideredi 11. CONSIDER BID OPENING NO. 1483 FOR CAPITAL IMPROVEMENT PROJECT jj MOZINGO STREET WATER AND SEWER REPLACEMENT. Nelson presented this item. After extensive discussion, Giese made a motion to approve Item #11 as presented. Second by Coplen. All ayes, no nays, motion carried. 12. CONSIDER BID OPENING NO. 1484 FOR CAPITAL IMPROVEMENT PROJECT MCCORMICK STREET SANITARY SEWER. Nelson presented this item. After extensive discussion, Giese made a motion to approve Item #12 as presented. Second by Coplen. All ayes, no nays, motion carried. pub excerpt r wisavrr~in~r+-~-.. r i i f I 'i f~ I~ a f I~ ~1,,, Date ORDINANCE NO. r AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TRIAD ONSITE SYSTEMS, FOR PROFESSIONAL SERVICES RELATING TO ASBESTOS CONSULTING AND PROJECT MANAGEMENT AT DENTON MUNICIPAL CENTER (DMC) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AN PROVIDING THE EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the Mayor is authorized to execute an agreement between the Clty of Denton and Triad Onsite Systems, for professional services relating to the Asbestos Consulting h Project Management, under the terms and hereof ons contained In said agreement, which is attached hereto and made a part SECTION 11. That the City Council hereby authorized the e of funds in the manner and amount as specified In the agreement. SECTION Ill. That this ordinance shall become effective Immediately upon its passage and approval. I992PASSED AND APPROVED this the- day of . , BOB CASTLEBERRY,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 041DW i AgendaNo Agr,nda!lem__ l TE: MAY ~8; "1993"_ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER #34357 - TRIAD ONSITE SYSTEMS RECOMMENDATION: We recommend Purchase Order #34357 and contract to Triad Onsite Systems be approved in the amount of $15,500. 00 for Asbestos Consulting and Project Management at Denton Municipal Center (DMC). SUMMARY: During the design phases of the DMC Renovation project it was determined that due to the buildings age and previous Preliminary Testing friable asbestos-containing materials (ACM)could be present. In March 1993 Corgan Associates the project architect and Bruce Ilenington, Facilities Managements Superintendent conducted a walk through with State of Texas licensed asbestos consultants. Their task was to identify and located friable ACM that would be effected by the planned renovation of the building. Asbestos-Contaminated Material was located in the North and South Wing as well as the central bay area of the main warehouse. ACM is primarily associated with IiVAC systems (insulated piping, boilers, chillers, ducting) and flooring materials. State and Federal environmental regulations are in effect that requires removal of ACM that would be disturbed as part of the renovation project. Effective January 1, 1993 removal must be conducted by State licensed contractors working under the independent inspection of a State licensed consultant. No longer can asbestos removal be done without the proper licensing. All handling procedures must comply with State and Federal Regulations. Triad Onsite Systems, Inc. Is State Licensed for Asbestos Consulting and Project Management. They have submitted a very competitively price and a well prepared proposal. Included in the proposal Is specification development, bid evaluation, project management, air monitoring and testing. The actual removal will be done by a different contractor yet to be determined through the bid process. No work can be preformed without a Triad licensed representative on she performing air monitoring, testing and verifying compliance with the approved asbestos removal plan. This purchase order and associated contract are for the consulting and management phases only and do not include the actual removal and disposal. Professional consultant services are exemp( from the bid process as per Texas Local Government Code Chapter 252.022. BACKGROUND: Triad Onsite Systems proposal dated April 5, 1993. CITY COUNCIL REPORT AOeAdaNO- MAY 18, 1993 Agendalram PAGE 2 OF 2 Lf:~e 5' FISCAL IMPACT: Funds for this project v/111 come from bond funds for DMC (Moore Building) Renovation. Respectfylly submitted: s r I,AydV. Harrell City Manager Approved: Name: T.omml= Shaw,C.P.IVI. ' Title: Purchasing Agent •genda.370 { { { 1 I i J 1 y+i. r« rc i 4 C I '+qa AWj r~ flA;3,&-.2AL CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJ: Approval of an ordinance repealing Resolution No. R92- 028; authorizing the city manager to sign and submit an amendment to the 1990 Final Statement of Community Development Objectives and Projected Use of Funds submitted June 22, 1990 to the U. Housing and Urban Development with De approp t to propria certifications. RECOMMENDATION: The Community Development Block Grant committee recommends approval of the ordinance which reallocates $100,000 in 1990 CDBG funds to the Crawford Building Elderly Project. BACEaROUNDt In 1990 the Community Development Office planned to develop an urban homesteading program. It was anticipated that urban homesteading funds would be received from HUD. $100,000 in CDBG dollars was set aside to supplement the HUD funding. The City's urban homesteading application was not funded. The $100,000 was therefore available for reallocation to other activities. In 1992 the City and the Denton Housing Authority submitted an application for the Section 202 elderly h the ousing program. The application was a request to fund amendment f todthe 1990 Building e Statement Housing aside project. $25,000 of the $100,000 to support that application. The 202 proposal was not funded by HUD. The total $100,000 was again free to be allocated to other projects. The Denton Housing Authority and the City have continued their work to obtain funding for the Crawford Building project. As you are aware, DHA has received $900,000 and $811,000 from the Federal Home Loan grant of Banks and , the Texas Department of Housing and Community Affairs respectively. These funds are sufficient to complete the ApendaNo Report Format A,endaflem~X3 Page 2 /D proposed new construction and rehabilitation of the living space in the old hotel. Funds are still needed to complete work on some common areas. DHA is working with Bank One and First State Bank to obtain additional financing based on available tax credits. The $100,000 in funding from the city will allow DHA to finish additional common areas that will benefit the low income elderly tenants. MARY t This amendment will reallocate $100,Ooo in 190 funds previorsly allocated to affordable housing. CDBG The I funds will be provided to the Denton Housing Authority t o complete the Crawford Building Elderly project. The Crawford Building project, upon completion, will house low income elderly tenants. 1 The City will develop an agreement with DHA indicating a minimum length of time that the facility must remain in s ervice. The project will be bid out through the City of Dentonts DevelopmentPofficei i will mDepartment. onitor the The Community labor standards compliance. The Project for federal monitored by the Federal Home Loan BankjeColontal Savings & Loan, and the Texas Department of Housing and Community Affairs. FROORJ►At8 DEP.~TMENTB OA OAOUPB AFFFrm~.+~ Low income Elderly Citizens Denton Housing Authority Texas Department of Housing & Community Affairs Federal Home Loan Bank Colonial Savings & Loan Association Community Development Staff -160AL IMP AM The Community Development staff will administer the City's participation in tie project and the use of CDBG funds. There should be no impact cn the general fund. Agenda No ! Agendaltem z, ,S Report Format Page 3/D / Respe tfully sub itte f Llo V. Harrell city anager ' l Prepared by: ' i I Barbara Ross i community Development Administrator Approved: Fran Ro b AICP Executive Director for ?lanning & Development i Attachments: Ordinance, March 2 unofficial CDBG committee minutes. i ccrtdha.amd a09rdaNo AraI dafiem Q: 9. •7~c ORDINANCE N0. AN ORDINANCE ADOPTED BY THE CITY OF DENTON, TEXAS, REPEALING RESOLUTION NO. R92-028; AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT All AMENDMENT TO THE 1990 FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 22, 1990 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 WHEREAS, the City of Denton is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; WHEREAS, the City of Denton has a special concern for persons of low and moderate income; WHEREAS, the City of Denton, as an entitlement city, has pre- pared, through a citizen participation process, a program for uti- lizing its 1990 entitlement funds in the approximate amount of $559,134.00; and WHEREAS, the City of Denton now desires to reallocate an ap- proximate amount of $100,000 of the funds previously allocated to the Urban Homesteading program to the rehabilitation of the Craw- ford Building, 306 S. Locust Street, for use as low income elderly housing; NOW, THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: J SECTION E. That the City Council of the City of Denton autho- rizes the City Manager to submit to the Department of Housing and Urban Development an amendment for the reallocation of funds in the 1990 Final Statement that was previously submitted for a grant ap- plication with appropriate assurance for entitlement funds under the Housing and Community Development Act of 1974, as amended, to provide $100,000 for the rehabilitation of the Crawford Building, 306 S. Locust, for use as low income elderly housing. realloocationof.y25h000 in funds Tat the City Council had previousl authorized of the Crawford Building in Resolution No. R92-028 and that reso- lution is hereby repealed and replaced with the provisions of this ordinance. fiscal authorizes the City Manager or hin~designeettohhandle y Council matters related to the amended final statement. i A,:ndah ✓r ~ /D SB-qTION I_v- That this ordinance shall become effective im- mediately upon its passage and approval. 1993 PASSED AND APPROVED this the day of BOB CASTLE BERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY C BY, Page 2 AgandaF~e_ 93- y/~_ Eli' 3 Unofficial Minutes CDDO Committee Meeting / March 2, 1993 ~Page 3 three different flooring establishments. She stated that plumbers were harder to get to come out and give estimates but tha', they had gotten two so far and that the agency will work with what they get. She stated that the children take naps on the floor and they are tripping over loose tiles. Mr. Ramsey asked the committee if they had any further questions or comments, Mr. Jack Weir stated that from the looks of the proposal, the quotes were very reasonable and he was surprised it was not higher than that. Ms. Eniow said she was pleased also with the proposals. She told committee members if they had any further questions, she would try and answer them. There were no further questions from the committee. Ms. Enlow thanked the committee for their consideration of this grant request. Mr. Ramsey explained to Ms. Enlow the time line involved for the committee's funding process. Ile thanked Ms. Eniow for her presentation and ensured her that the Community Development staft would be back in touch with her on the outcome of funding. f Ms. Ross introduced Marian Hamilton, Executive Director of the II Denton Housing Authority. Ms. Ross stated to the committee members that the request before the committee for the Elderly Mousing Project would not be coming out of this year's budget allocation, but rather, since Community Development has ;100,000 that was set aside for housing that was never used for an urban homesteading program, that these are the funds being requested and, in fact, have been saved for a project such as this, Mr. Ramsey stated that this $100,000 is not included in this year's allocation amount, Marian Hamilton said that the request is for the project that the Crawford baildi g hority isHor acting to create out of the old hotf,l into 24 units of elderly housing pandobuildoanrnovate the eadditional building that will include 20 units of elderly housing which will be wheel chair accessible, barrier free. She stated that the DiIA has been incredibly fortunate in that they have received two major grants, the Federal Home Loan Dank through Colonial Savings has 'a No Unofficial Minutes CDII(3 Committee Meeting March 2, 1993 Page 4 granted $900,OO0 and then the Texas Department of Housing and Community Affairs has given a HOME grant for $811,000. Ms. Hamilton stated that both of these grants require that DNA have some financial input from the community to demonstrate that the community is supportive of this project. She said that DHA is also interested in having this financial input from the community because both of these grants are relatively restrictive and can primarily only be used for the development of housing. She stated that the hotel has a large amount of public space that DHA would like to renovate for the use of, not only for the tenants, but to make available to the public. Ms. Hamilton said she would be happy i ; to answer questions from the committee members. i Mr. Ramsey asked if the contribution would need to be broken down. Ms. Hamilton said no. That is one of the unique things about this ofprojeect. Not which is a rare and unique il thing for involved but t of also to the be County able to collaborate and cooperate in this way. Ms. Ross stated that even though $100,000 is quite a bit of money for a project, the Community Development office doesn't ever get to leverage over $2 million with COGG funds. She said we feel our $100,000 is a small amount to sacrifice to bring in the total dollars it will for the proj,3ct. Ms. Peggy Norton asked Ms. Hamilton to comment, in reference to a letter to the editor (Denton Record Chronicle) some time ago talking about how much this project was going to cost per unit - what was Ms. Hamilton's response to that? Ms. 'Hamilton stated that she wrote a letter responding to the editorial, but, it has never been printed. She stated that the man's figures were wrong because he was figuring the whole amount being used in the completion of only the 24 units. She stated that the correct information is that there are actually 44 units and the projected per-unit cost will be somewhere between $38,000 and $41,500 which is in line with the HUD allowable amount for a project with an elevator. Mr. Ramsey asked if that didn't also include the public space to be built into the project? Ms. Hamilton said yes. She said the man who wrote the letter to the editor used the figure $2.6 million which is DHA's "pie in the sky" figure for the project. She said, in that figure is included the possible sale of tax credits and this $100,000 and money that would go to develop the public space. 1 Unofficial Minutes CD©G Committee Meeting March 2, 1993 Page 5 l i Mr. Ramsey asked about the 2.5 million dollar budget and stated that certainly more than $100,000 would go to construction. Ms. Hamilton said yes, that the $900,000 from Colonial Savings can be used for new development. She stated that the TDHCA HOME money is restricted to rehabilitation; so, that will be used on the existing building. She stated that the $225,000 is for purchase of the land. She said the County is donating the building but the land must be purchased. She stated MIA was $225,000 from the Denton going tt get the i County Housing said that what DHA is looking at, hopefully, Corporation. She no debt service. When it is opened to the public, it willhbehfree and clear of debt. She said the HOME funds are a deferred lenn and if DFIA adheres to TDHCA's requirements and maintains the project as elderly, low-income housing for the specified period of time, the loan will be forgiven. Ms. Noss asked if Marian knew how much of the cost projections are set aside for architectural fees? j Marian stated it was on a percentage basis which was not very much I but that she could not quote the exact figure. Ms. Hamilton stated that there are a couple of things that make this project a little more expensive than if they leveled the building and started from the ground up; but, the community thinks nottbeha niation~alallandmarkcancthefbuthe ildingldoes have thouh it lives. Ms.nHamiiltonn stated, beplayed a part cause of this, in a lot peoples' DHA would o like to not only restore that, but improve on it and make this a real community center as well as a wonderful place for people to live. Ms. Hamilton stated that a lot of people have misinterpreted the funds to be spent, in that they think it is all tax money. She said the Colonial Savings money is generated by interest and that a certain percentage of the interest has to be used for community tme er the asilarge am untdof Home Loan Bank do with program ta-- hich xes. Ms. Hamilton explained that the $011,000 HOME Grant originates with HUD and is tax money, but it is granted to the State to distribute for the development of low-income housing. She said it is going to go somewhere in t this that money that's atss funneled through the 'State really the communities. She said this is a source of funds though it is tax generated that we are very pleased to get. Ms. Hamilton stated the funds would be creating jobs as well as housing. Mr. Ramsey asked if the three components (TDHCA grant, Colonial i i i 1 ~c^d3ltsm. Unofficial Minutes CDBG Conunittee Meeting March 2, 1993 Page 6 Savings funds and CDBG funds) makes the project a done deal. Ms. Hamilton said yes. She further stated that the County was working on the contract-of-sales at this time and it is expected that transaction will be finished by the end of March, 1993. Ms. Hamilton spoke about the complex layout plans and state.i that she felt this project would be something the entire community will be proud of. Mr. Ramsey thanked Ms. Hamilton for her presentation. Ms. Ross introduced Todd Parton from the City of Denton's Planning and Development Department. Mr. Parton's presentation is for funds to build a bike trail at Wood and Ruddell. Mr. Parton stated that the pedestrian/bike trails will be for an eight foot paved way for two-way bicycle traffic, and on the side there would be graded, soft surface for walking and ,jogging. He stated that the Planning Department has been working on a bicy- cle/pedestrian trail system which will allow for alternate types of transportation throughout the city. He had a map showing the proposed overall trail ystem and pointed out the Ruddell/Wood Streets area submitted the committee for CDBG funding consider- ation. Mr. Parton at -d that it was felt that this area was a crucial part of the trail system because there is already heavy bicycle and pedestrian traffic in that area, He also stated that it is expected by the City that this traffic is due to increase with the completion of the Rivera Elementary School. Mr. Ramsey asked for clarification on which side of Ruddell Street the trail was planned? Mr. Parton said it would be on the east aide of Ruddell and then over to the MLK side so they didn't have to go through the right- f-way or have to purchase additional property in order to put in o the trail. Mr. Parton said there are three classes of trails. He stated the preferred class of trails would be the class one. These trails, he said, are eight feet wide trails that have the soft shoulders for walking and jogging. He stated that the class two trails would be used when there was not enough room in the right-of-ways and would be like Hinkle and Stewart bike trails are now. He stated the class three trail would be simply, assigned routes. Mr. Parton stated that there are plans to include education on use of these routes in the schools through the Police Department. Mr. Parton stated that the overall trail system, which the Wood/Ruddell Unofficial minutes /D /0 CDBG Committee Meeting L March 2, 1993 /'Page 17 / Mr. Ramsey brought to the floor the D11A re4uest to roll over $100,000 from the 1990 COUG funds to be used for the Crawford Elderly Low Income Housing Project. Peggy Fox moved to accept the motion. Ms. Sarah Parker seconded the motion. Mr. Ramsey called for a vote on the motion. I The vote was unanimous to accept the motion as it stands. Mr. Ramsey stated that the committee has an advisory to refer to the Human Services Committee to fund the Community Food Center, The Denton City-County Day Nursery, MLK Action Site, North Texas Community Clinic, TWU Cares and the United Way proposal for the Owsley project. Ms. Norton asked Ms. Ross if there were any of the people on the list whom she felt would be easier to monitor. Barbara Ross referred the question to Eric Billips who monitors the agencies. Mr. Billips stated that City-County and North Texas Community Clinics have been good in reporting, but, that TWU Cares has been hard to get the required documents from. Ms. Ross stated that TWU Cares also had not spent the funds allocated them from last year. Ms. Ross stated that part of this year's proposal from TWU Cares was to hire a part time secretary to help out with the reporting requirements. Mr. Ramsey asked committee members to approve the minutes from the June 9, 1992, and December 14, 1992. lie asked if any members had any corrections to either of the sets of minutes. There were no corrections. Mr. Ramsey asked all in favor of accepting the June 9, and Vecember 140 1992 minutes as they stand to say aye. The vote was unanimous to accept the minutes as they stand. Mr. Ramsey stated there was no further business to conduct and adjourned the meeting at 0;00 p.m. C I~ t••••. .4f.CL3rS11 t, 4.N....... ' ~ al~~ ~Itlttf llf: - If ♦f• YS 12.1; rasa o-12i2 . . tt s: fY~ttl ev.:. f'- 4r - i I j ~O l r • O .7 c'. y~ Q 0 d j 1=S. c ~~.wy Ac" No Ap ftft1W /L`-' _L DM8D4TI::05/18-/-93 f ; CITY COUNCIL R RT FORMAT ` TO: Mayor and Members of the City Council f! FROM: Lloyd V. Harrell, City Manager SUBJECT: Corsider an ordinance allocating funds for use in Keep Denton Beautiful ` landscape projects i The Keep Denton :Beautiful Board recommends approval from its unapprcpriated reserve account for lar,dscapefprthe ojects afar of :10,000 EMIR The Board has cawed several requests from citizens, non-profit organizations and other groups for assistance with landscape projects. When the budget was prepared in April 1992, the Board did not anticipate the interest in this area, The landscape budget was established to cover the coat of the Adopt-A-spot beds at IOOF Cemetery and the Rita Clements Garden, and trees for Arbor Day. A $5,000 contribution to the Civic Center Garden renovation was also designated. The Board would like to make funds available in their reserve account to assist In other non-designated landscape projects. The Board plans to implement a matching program where volunteers will provide detail on what work or materials they can donate to the project, and the Board would designate funds to match. Sites selected would include Adopt-A-Spot location or possibly sitse at non-profit organizations, i.e. Denton City-County Day Nursery. Requests have been made for landscape projects on Dallas Or,, in the North Central Denton area, and at Phoenix Apartments, The $10,000 requested would fund 6 to 7 projects at 11,200 to $1,500 a site. The cost includes soil supplement, plants, and mulch. pgudmm: From 1988 to 1992, the revenues from drop-off recycling were donated to Keep Denton Beautiful program, In addition, the Board has received funding from businesses, citizens, and membership which have been deposited to the account. As of September 30, 1993, the Keep Denton Beautiful account had a balance of $45,037.62. The budget submitted shows projected expenditures of $18,650 which includes a $10,000 transfer from the Solid Waste Division. The budget reduced the reserve to $360387,62. In 1992 the KDB cost-benefit analysis showed that for each $1 of government dollars spent, Keep Denton Beautiful generated $6.26 in donations of cash, products, or in-kind services. ZRilORAMS. DFpARf~gNTg OR GR04PS AFFEC711: Keep Denton Beautiful Board, Finance Department, citizens, non-profit organizations and other groups r?questing assistance with landscape projects I AjC1Ja~tgm _ZE CC Format: Br,C Account Page 2 FISCAL IMPACT: No general funds dollars are requested. The funds requestei are from the revenue generated from recycling, contributionss and membership up to September 30, 1993. r i I Rek1ly itted: Prepared by: CC~ Gt C, f-~~.Ov - i Cecile Carson Coumunity Improvement Coordinator Approved: rank Robbins Executive Director of Planning and Development ccaccount i { 1 ~I El\WPDOCS\WORK\BDOTAHEN.O - 77777777- Aoenda No /GORDINA11CO h0. 2,41 AN ORDINANCE AMENDING THE 1992-93 BUDGET OF THE CITY OF DENTON, ' TEXAS BY APPROPRIATING THE SUM OF TEN THOUSAND DOLLARS ($100000) FROM THE UNAPPROPRIATED BALANCE OF THE RESERVE FUND TO THE KEEP DENTON BEAUTIFUL BOARD TO ACCOUNT NUMBER 631-024-0806-8964; PRO- VIDING FOR PUBLICATION HEREOF; ANb Di'CLARING AN EFFECTIVE DATE. WHEREAS, the Keep Denton Beautiful Board has been requested to undertake certain landscaping projects in conjunction with the Denton Chamber of Commerce and neighborhood group; and WHEREAS, the City Manager having advised the council these projects were not anticipated prior to the adoption of the 1992-93 budget and could not have been included within the provisions of the original budget; and WHEREAS, the City Manager seeks an amendment to the 1992-93 budget due to public necessity, in compliance with Sec. 8.08 of the Charter of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the 1952-93 Budget of the City of Denton, Texas is hereby amended by appropriating the sum of $10,000 from the unappropriated balance of the Reserve Fund to the Keep Donton Beautiful Board to account number 631-024-0806-8964 for landscaping projects which were not anticipated prior to adoption of the 1992- 93 Budget. SECTION II. That the City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendment to be published once in the Denton Record-Chronicle. BECi_ ION III. That this ordinance shall become effective from and after its date of passage. 1 PASSED AND APPROVED this the day of 1993. BOB CASTI, ERRY, MAYOR ATTEST JENNIFER WALTERS$ CITY SECRETARY BY: ~+gsrdaNo 93____c~/ a~?enda ltert~ >~-s-=•~ 737/ APPROVED AS TO LEGAL FOPM DEBRA DRAYOVITCH, CITY ATTORNEY 1 BYs E H~ f M1 f c I to a. r t, E: IVPD0C5181D0EDICATE.ORD Apen4~~t~n /i ORDINANCE NO. AN ORDINANCE ACCEPTING THE DEDICATION FROM RAYZOR INVESTMENTS, LTD. OF A CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE N.H, MEISENHEIMER SURVEY A-810 DENTON COUNTY, TEXAS AND CONTAINING 0.561 ACRES OF LAND, FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the City of Denton, Texas, accepts the dedi- cation of a certain Lot, Tract, or Parcel of land situated in the N. H. Meisenheimer Survey A-810 Denton County, Texas for street and utility purposes, as offered by Dedication of Property executed by Jess Newton Rayzor, a copy of which is attached hereto. SECTION Ii. That this ordinance shall become effective immed- iately upon its passage and approval. 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 ATTORHFY Byt Agenda No Apend211ertL.~~;, ~ Dite , r 3 DEDICATION OF PROPERTY FOR PUBLIC USE That Rayzor Investments, Ltd. dedicates to the Public ~ for the use of streets and utilities the property described ever , Exhibit "A", attached to and incorporated herein by reference containing a total of 0.561 acres of land. Executed this & ~T.. day of 1993. --.,I Rayzor Investments, Ltd. C ~ Jes Ne ton Ra or, Presid n Th Rayzor Company anagirg General Partner THE STATE OF TEXAS g COUNTY OF S This instrument s kno ledge afore me on _ ~Lt 19 ' a by r. i 000000oooooeooooo00oooo~coooa SHEAIE HUDSON Hourvuoic N tart' ublicnd for the Stat oe f Texas My caemhsion a.prres Cmmission Expires i Executed this the day of 1993. CITY OF DENTON BY: I Bob Castleberry, Mayor j ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AEEOO1DD AG enda No EXHIBIT A ALL ALL that certain lot, tract, or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of N.H. Meisenheimer Survey, Abst. No. 810 and also being a part of a tract of land as conveyed from Mrs. Grace E. Irwin to J. Newton Rayzor by deed dated March 22, 1960 and recorded in Volume 454, Page 659 of the Deed Records of Denton Count~+, Texas, and more particularly described as follows: BEGINNING at northwest corner of said Rayzor tract and ,the northeast corner of a tract conveyed to the City of Denton and recorded in Volume 2542, Page 46 Real Property Records, Denton County, Texas; THENCE south 870 501 01" east with the north line of said Rayzor tract 611.06 feet to a point in the west line of Tract II of a deed to the City of Denton recorded in Volume 2935, Page 537 Real Property Records, Denton County, Texas; THENCE south 10 03f 1011 west with the west line of said Tract II above a distance of 45.01 feet to a point for a corner; THENCE north 870 501 0111 west a distance of 610.95 feet to a point in the east line of the first mentioned City of Denton tract; THENCE north 00 531 4511 east with the east line of last mentioned City tract a distance of 45.01 feet to the containing 0.631 acres of land. In additions to the etractnabove d escribed, a construction easement 50 feet in width lying adjacent to and easem ntswill tof said tract upon competiongranted. of t the proposed construction AEE00015/57 I yV PROPOSED STREET C, DEDICATION I I ~I OCCE C MP 1L PA~h J0 LO NORTH LAKE PL YGR oar we Ya All ~pS~R EXISTING PARKING LOT PAR l EXISTING TOPOGRAPICAL NOTES 1~ 1 RECREATION ~ ~ I THE TOPG. MAP SHorn1 ON tH~s SHEa Is cculp I 141 S BUILDING A ~n to USED As s ur'ERAL GUIDE OR n~ ~`'L:, ~1' • 1 ,1 \ I EXISTING THE VAIL tall DE LR MO WE IN THE fIELD BI CONTRACTOR SHALL U;( THE DETAIL PLANS I+S TENNIS AND ORAOES fOR THE PR0,7ECT CLOW$ ~ " L.. I ~L I COURTS INCLUDE IN THE BASE BID $250 Lf. B' W'l 9 VAI r.t PER "ET CD-7. Co4JWaVA ylIALL, IJAJVF I:GI L r r IrN i rH--• OUNCI.L I li ` ~1 IIM r r• r, < DES Mav 1----~ CITY COUNCIL REPORT FORMAT TOs Mayor and Members of the City Council FROMS Lloyd V. Harrell, City Manager SUBJECTS Consider approval of an ordinance approving rate schedules and service regulations for Texas Utilities Electric Company. RECOMMENDATION: The Staff recommends approval of the ordinance accepting the Texas Public Utility Commissioners determination of fair rates and charges for TU Electric's electric rates in Denton. 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 is proposing a 15.31 rate increase. On February 6, 1993, the Denton City Council, in accordance with the provisions of State law, suspended for 90 days the proposed rate increase that would have taken effect on February 26, 1993. This suspension of rates expires on may 26, 1993, and Denton has three options as we understand state laws 1) Deny the TU Electric proposed rates. (TU has advised they would probably then appeal to the PUC) 2) Approve the TU Electric proposed rates. (TU has advised they would probably also appeal this since they would desire to have the same rate3 throughout their service territory and there is some indication the PUC may approve rates slightly different than the 15.31 they requested). 3) Accept the Public Utilities Commissions dotermined rates. Since it appears that any action Denton would take, other than accept the PUC determined rates, would be subject to appeal to the PUC, the staff recommends that Denton accept the PUC determined rates. Awda No Aganda!fem_ ~'s ¢~G-_ BACKGROUND: lbta TU Electric serves 700 customers in Denton in dual certified areas. These areas are primarily Ranch Estates in the western area of the City, Denton West Mobile Home Park located at Teasley Lane and Ryan Road in the southern area of the City, Vacation Village Mobile Home Park, Royal Oaks Wheel Estates and surrounding areas in the eastern area of the City. The Ranch Estates area was being served by TU Electric prior to creation of the Public 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 and/or TU Electric. The areas to t and east were outside limits and were given dual certification at that time nlDenton has subsequently annexed those areas. In 1985, Denton franchised'TU Electric In order to receive a 34 gross receipts franchise fee. TU Electric's gross sales in Denton were $10161,216 for the franchise year August 91 to July 192 and Denton received franchise fee revenue of ;341936.48. PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDr N/A FISCAL IMPACTt If the PUC ultimately grants 756 of the rate increase (i.e., 11.51), Denton's TU customers will pay approximately ;11,000 more per month. The 34 franchise fee and It sales tax fee to the City would Increase approximately 5440/month after the PUC takes action. Respectfully submitted, Lloyd V. Harrell, City Manager Preparrd byi i R.E. Nelson, Executive Direntor Department of Utilities EXHIBITSt 1. Ordinance turatecc.518 E :1 W DDCS\OItD\ i'J.ORD ~eneaNo ^dailBn7. ORDINANCE NO. AN ORDINANCE APPROVING RATE SCHEDULES AND SERVICE REGULATIONS FOR TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR: PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW1 AND DECLARING AN EMERGENCY. WHEREAS, on January 22, 1993, Texas Utilities Electric company filed with the governing body of this municipality its Petition and Statement of Intent proposing changed rate schedules and service regulations for application within Denton on February 26, 1993; and WHEREAS, the governing body of this municipality suspended the proposed effective date of said proposed changed rate schedules and service regulations as permitted by Section 43(d) of the Public Utility Regulatory Act; and WHEREAS, the Governing Body of this municipality, after having considered the proposed changed rate schedules and service regula- tions and the date supporting same at a public hearing, is of the opinion and finds that the rate schedules and service regulations of the Texas Utilities Electric company within Denton should be the same as those rate schedules and service regulations approved by the Public Utility Commission of Texas pursuant to the virtually identical Petition and Statement of intent filed by Texas Utilities Electric Company with the Public Utility Commission of Texas on January 22, 19931 NOW, THEREFORE, -J THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 6jVjLQX_j.jL That the 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 said Company with the Public Utility Commission of Texas on January 22, 1993, are hereby approved as the rate schedules and service regulations under which said Company is au- thorized to render service and to collect charges from its custom- ers for the sale of electric power and energy within the corporate limits of this municipality until such time as said rate schedules and service regulations may be changed, modified, amended or with- drawn with the approval of the Denton City Council. SECTION II That the aforesaid rate schedules and service regulations herein approved shall be effective from and after the date the Public Utility Commission of Texas orders said new rate schedules and service regulations effective for Texas Utilities Electric Company, provided that, in order to effect uniform system ~a~daNo 3 - /l- wide rates, changed rates may be earlier placed in effect within this municipality to the same extent that changed rates are earlier placed in effect in all of the other areas served by Texas Util- Utitilies fyTebut xas fixinpursuant to an g interim rates order pursuant u to Public bond filed with the Public Utility Commission of Texas and subject to refund to the same extent as authorized by Section 43 (e) of the Public Utility Regulatory Act, SECTION IIi That the filing of the rate schedules and service E regulations shall constitute notice to the consumers of electri- city, within this municipality, of the availability and application of such rate schedules and service regulations. SECT-_ ION IV That nothing in this ordinance contained shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the Denton City Council under the law to regulate the rates, operations, grid services of Texas Utilities Electric Company. SECTION V That it is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public and as required by law and that the public notice of the { time, place and purpose of said meeting was given as required. SECTI____ oN ys~ That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: DEBRA Jh^ DRAYOVITCH, CITY ATTORNEY BY: r PAGE 2 i. .•t a..... a J. ~ImC#raaaal NSar1::::}: . LL$a HrJlarHfl T. 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I) RRRRN. t% f . *M1.11 u tjRlRaat.- ~aJR ♦ rn t~>' Rfltrt' f♦tat.• saf::;: . o b ►a Q O N,t r L r I 7 bete 5 /f:. 7 DATES 05-18-93 ,i CITY COUNCIL REPORT FORMS T03 Mayor and Members of the City Council FROMS Lloyd V. Harrell, City Manager i SUBJI Approval of a resolution authorizing the city Manager to sign and submit to the U S. Department of Housing and Urban Development a Final Statement of Community Development objectives and Projected Use of Funds. RECOMMENDATIONS The Community Development Block Grant committee f recommends approval of the Final Statement. 1 8AC1(GRO= I Proposed activities were presented to council during the work session on May 4. The committee had previously held public hearings, advertised availability of funding and held funding hearings. BU MARYI The attached Final statement details activities proposed for the next fiscal year. The Final statement budget includes a $1,0520138 allocation from HUD and projected program income of $20,000. Program income is derived from rehabilitation loan repayments. These repayments are included in the budget for the Housing Rehabilitation Program. PROaRAMB DEPARTMENTS OA OROUPS AFFECTEDS Program Beneficiaries Local Service Agencies Parks and Recreation Dept. Engineering and Transportation Dept. Target Area Neighborhoods Community Development Staff FISCAh IMPACTI There will be no impact on the General Fund. All expenditures under contracts and all City staff activities are paid from grant funds. A Report Format Agenda No. Page 2 Agendaitem ;e S ' Respectf lly submitted- 1 Llo d V. Ha r li City Manager Prepared by: Barbara Ross Community Development Administrator Approved: ~ I PrafiV Robbi s AiCP Executive D rector for Planning & Development Attachments: Resolution, Final Statement 1 I 1 ~ I I I i h rtfinste.y93 ALL00219\240.8 Ap9nd3 No ~ O / l Ageid,3;tent 74 RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent hous- ing, a suitable living environment and expanded economic oppor- tunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as an entitlement city, has prepared, through a citizen participation process, a program for utilizing its tenth year entitlement funds in the approximate amount of $1,052,138; and WHEREAS, the public hearings will have been held in accordance with the law; and WHEREAS, the Act requires an application and appropriate certi- fication; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development a grant application and appropriate assurances for entitlement funds under the Housing and Community Development Act of 1974, as amended. SECTION II. That the City Council of the City of Denton, Texas, authorizes the Executive Director of Planning and Develop- ment to handle all fiscal and administrative matters related to the application, the Comprehensive Housing Affordability Strategy and the assurances. SECTION III. That the City Secretary is hereby authorized to furnish copies of this resolution to all 'interested parties. SECTION IV. That this resolution shall take effect immediately from and after its passaga. Agenda No Agendaafer~~.s ~•9 U9 3 PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Page 2 A9 9Aa No Agoldalfe~~,Z FINAL STATEMENT OF COMYUNITY DEVELOPMENT OBJECTIVES L AND PROJECTED USE OF FUNDS The objective of the City of Dentonts Community Development Block Grant Program is to support activities which are directed toward the specific goal of development of a viable urban community by providing decent housing, a suitable living environment, and expanding economic opportunity, principally for persons of low and moderate income. The City anticipates receiving approximately $1,052,138 from the U.S. Department of Housing and Urban HousDevelinopment and an am20~Activities aandnobje tives are City's follows: 1. Housing Rehabilitation $360,000.00 Continuation of the existing program to rehabilitate substandard houses owned by low or very low income families in the City of Denton. Program funding to includes $20,000 in projected loan repayment income. Funds are available in the form of a deferred loan (grant) which is forgiven over a five year period, a ten-year loan at a 3% interest rate or a combination loan/deferred loan. objective: To bring existing housing into compliance with housing standards and arrest deteriorating neighborhoods. Location: City of Denton, all census tracts (assistance based on income of home owner). Benefit: Program provides 100% benefit to low and very low income families. 2. Homebuyer Assistance Program $ 75,000.00 Continuation of a city-wide program to provide assistance to first-time home buyers. Assistance includes payment of closing costs and 1/2 of the minimum down payment on a home costing $620500 or less. Objective: To provide affordable housing for low and moderate income families. Location: City of Denton, all census tracts. Benefit: Program provides loot benefit to low and very low income families. ABandaNo_ Agendallem~.~, ~ Proposed statement Page 2 3. Demolition and clearance $ 22,500.00 Continuation of the program to demolish and remove vacant, substandard structures that contribute to the deterioration of neighborhoods. Structures slated to be demolished have been vacant for at least twelve months and are not rehabable. The program also includes cleanup of egret nesting places in a low income neighborhood. The nesti.:g areas cause a major health hazard each spring. I Objective: To arrest deterioration of neighborhoods experiencing spot slum and blight and eliminate major health hazards in the City. Location: Areas of spot slum and blight, citywide. Egret cleanup will take place in CT 212. Benefit: Program will benefit a minimum of 51$ low and very low income. 4. Owslay Neighborhood Park $ 82,400.00 Acquisition of property, and purchase and installation of playground equipment within the Owsley neighborhood. Approximately $35,000 will be set aside to acquire the property. Purchase of materials will cost $20,000. T h e remainder of the funds, $:',,400 will be spent for installation of the equipment. Objective: Improvement of public facilities and provision of recreational opportunities for persons in low and very low income neighborhoods. Location: Corner of Stella St. and Ave G. CT-2090 BG-1. Benefit: Service area boundaries are as follows: Oak St. on the north; Bonnie Brae St. on the west; E. Prairie St. on the south; Avenue E on the east. Service area is over 854 low/very low income, 5. HLK Park Playground $ 350000.00 Purchase and installation of playground equipment at the Martin Luther King Jr. Recreation Center. Currently, the center has no playground equipment for young children. Objective. Improvement of public facilities and provision of recreational opportunities to persons in low and very low income neighborhoods. Agenda No Agcndailem. c 'o /V Proposed Statement Page 3 L Location: 1400 Wilson St., CT-212, BG-2. Benefit: Service area boundaries are as follows: McKinney Ave. on the north; Bell Ave. on the west; Dallas Dr. on the southwest; Shady Oaks Dr. on the south; Woodrow Ln. on the east. Service area is 77$ low and very low income. r 66 Mack Park Playground $ 40,000.00 Purchase and installation of new playground equipment at Mack Park. This is a twenty acre park. Existing playground equipment does not conform to updated standards of safety and is in disrepair. Objective: Upgrading public facilities and provision of recreational opportunities to persons in low and very low income neighborhoods. Location: McKinney Avenue, east of Woodrow Lane intersection. CT-2120 SO-1 and CT-206.02, BG-4. Benefit: Service area boundaries are as follows: Audra Lane on the north; Ruddell St. on the west; Pecan Creek on the south; Loop 288 on the east. Service area is 584 low/very low income. 7. Community Sidewalk Repair $ 131796.00 Repair of old, deteriorated sidewalks that have experienced displacement from trees, heavy loads or weather damage. Repair will include removal of deteriorated portion and installation of new sidewalks. Objective: To upgrade infrastructure in the targeted area as part of the process of stabilizing and improving neighborhoods. Location: CT-206.02, SG-2S4 repairs near Audra Lane and Lee Elementary School. Benefit: service area is approximately 533 low/very low income. 8. Norse Street Sidewalks $1000476.00 Design and installation of sidewalks from the Fred Moore Park area to o Woodrow Lane. The design the id walk and the construction will be bid out through the City. Ager,iaNo Aprda1t9M.._..._k'5 ifI Proposed statement Page 4 Objective: To upgrade infrastructure and improve safety in the targeted area as part of the process of stabilizing and improving neighborhoods. Sidewalks will also provide access to area shopping and recreational facilities. Location: Morse street from Lakey to Woodrow Lane. CT-212, BG-2. Benefit: service area boundaries are as follows: Hickory St. on the north; Skinner St. on the west; Shady Oaks Dr, on the South; Woodrow Lane on the east. Service area is 751 low/very low income. 9. Gardenview sidewalks $ 27,000.00 Construction of a new four foot sidewalk on the south side of Gardenview between Fallmeadow and Evers Parkway. This is a major school route for children from apartments and town homes to Evers Elementary School. Objective: To upgrade infrastructure and improve safety in the targeted area as part of the process of stabilizing and improving neighborhoods. Location: Along Gardenview from Fallmeadow to Evers Parkway. CT-204.011 BG-1. Benefit: Service area is 581 low/very low income. 10. City County Day Nursery Rehabilitation $ 40,966.00 Replacement of flooring, vinyl, carpeting in the classrooms and the in each of the bathrooms. Installation of drainage outlets in bathrooms, kitchen and laundry area (total of 8 drains). Objective: Upgrading of public facilities and provision of public services to low and very low income families. Locationt The facility is located at 1603 Paisley St., CT-20G.02, BG-2. Benbfitt City County Day Nursery serves families from Denton county on a sliding scale basis. 1001 of families served are low/very low income. 11. North Texas Community Clinics $ 350000.00 Provision of prenatal care for low income women from Denton County. CDBG funds will be utilized to pay a Agenda No Agenda ltemfl L~1a._ ~ ~~-Q3 Proposed Statement Page 5 portion of a salary for nurse midwife at the Prenatal Clinic and an additional staff member at the Pediatric Clinic. This continues assistance to the Prenatal Clinic initially provided in 1990. Objective: Improvement of public services to low and very low income women and families. I ~ i CT-20 office location-123 Piner St., Denton, Texas, Benefit: Projected benefit is 1003 low/very low income. 12. Owsley Services Project $ 20,000.00 Payment of fees and other expenses in order to allow children living in the Owsley Addition to participate in cultural and recreational programs provided by local agencies and the City of Denton. The United Way of Denton County, Inc. will act as the administrator of the funding. Several agencies have agreed to participate in the program including the YMCA, Girl Scouts, Boy Scouts, Sjmmer Summits, Denton Parks and Recreation, Camp Fire and others. Objective: Improvement of public services to low and very low income families. Location: Owsley Addition, CT-209, BG-1. Benefit: The Owsley neighborhood as described in activity 4 is over 851 low/very low income. 1001 of the children participating in the program will be low/very low income. 13. MLR Afte~ School Action Site $ 150000.00 Provision of after-school care for children ages 7-12. Program will also provide supervision for children eight hours per day during Christmas holidays, Spring break, teacher work days etc. Program will provide a safe, active, supervised environment for children from low/very low income families. The program will serve the neighborhood surrounding the Martin Luther King Jr. Recreation Center. Objective: Improvement of public services provided to low and very low income citizens. Location: MLK Recreation Center, 1200 Wilson St. Denton, Texas, CT-212. i Agenda No Agonda ItertL_ •5~ Proposed Statement Page 6 Benefit: Service area is 771 low/very low income. 1 14. Owsley summer Playground Program $ 350000.00 j Provision of a free structured recreational and educational program for children ages 7-12. The safe and supervised environment for children Inithepowsley a neighborhood. Leadership will be provided by 3 playground leaders. Approximately seventy-five children will be served. The program will operate from June 6, 1994 through August 19, 1994. Objective: Improvement of public services provided to low and very low income citizens. Location: corner of Stella St. and Avenue G. CT-209, P,G-1. Benefit: Program will benefit children in the Owsley neighborhood. Service area boundaries are described in activity 4. Benefit will be loot low/very low income. 15. Fred Moore Summer Playground Program $ 10 000.00 Extension of hours to the existing summer playground program at Fred Moore Park. Current program ends in July and extends from 9:0o a.m. to 12:00 noon. CDBG funds will extend the program through August and the hours will be extended to 8:00 L a.m. until 5:00 p.m, Objective: improvement of public services provided to low and very low income citizens. Location: Fred Moore Park, Corner of Lakey and Wilson Streets. CT-212, BG-2. Benefit., Neighborhood served by the program is 674 low/very low income. 16. AIDs Denton, Inc. $ $,000.00 sion tion/hiene WithiAIDS or AIDSirel ted Illnesses, to persons diagnosed continued support to current nutrition pFunds will rogram which haselost funding from the Texas Department of Health. Program will allow AIDS to assist additional clients, objective: Improvement of public services provided to low and very low income citizens. 4 1 Benda No 3 - D i _ agend3lfern _ is 'IA Proposed statement Page 7 Location: Elm Street north of the downtown area, CT 204.`03, BG-1. Benefit: 100% low/very low income. 10. Administration $1751000.00 h Program management, coordination, monitoring and evaluation associated with carrying out eligible activities including: staff salaries, payment of services from some city departments; office equipment, furniture and supplies; office rent, maintenance and utilities; board expenses for HSC, CDBG, and the Denton Affordable Housing Corp,; training, travel, advertising, purchase of publications; administration of human services budget and monitoring of agencies and city departments; development and implementation of an affordable housing program; administration of the Homebuyers Assistance, Housing Rehabilitation and Demolitions Programs; administration of fair housing ordinance and program; completion of annual environmental review, request for release of funds; compilation of the Comprehensive Housing Affordability Strategy (CHAS), Community Development Plan, Grantee Performance Report and other required documentation; Some administration costs associated with the Rental Rehabilitation Program. tit, a.fn ♦M S tlr I1 S~. .1 "31 I ~ j I s e l~ Ap* &'E$ OS- -99 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council F'ROMt Lloyd V. Harrell, City Manager SUBJ1 Approval of a resolution renaming the Community Development Block Grant Committee as the Community Development Advisory Committee. RECOMMENDATION• The Community Development Block Grant committee recommends approval. FIACKGROUNDt The nature of community development activities continues to expand. Community Development Block Grant funds are no longer the only source of funding for housing and neighborhood improvement activities. The CDBG committee will be asked to participate in developing strategies and make recommendations on funding proposals other than those funded through CDBG. BYt Changing the name of the CDBG committee to the Community Development Advisory Committee (CDAC) will more appropriately describe the function of the committee. The change will become effective with the passage of this resolution. PRO(iRA>;8 DEPARTMENTS OR (iR0 frc 'svsnman Community Development Block Grant Committee FISCAL IMPACTI N/A Respec/ ully submit ed, r L1 d V. Harrell Ci y Manager Report Format Page 2 ApendaNo Agrdalt ' e-5 A [ate 1 Prepared by: Barbara Ross Community Development Administrator Approvedr rank Ro ins AICP Executiv Director for Planning & Development Attachment: Resolution ceredac,cge J i \WPDOCS\FtESO\co8G. RES ApendaNo _ A~eadaltan2_ t~=?__ ✓ RESOLUTION NO. I A RESOLUTION OF THE CITY OF DENTON, TEXAS RENAMING THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE THE COMMUNITY DEVELOP- MENT ADVISORY COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the Community Development Program is providing in- creasingly expanded and diverse services; and WHEREAS, the scope of Community Development includes projects and programs funded from several different sources including but not limited to Community Development Block Grant, rental rehabil- itation, HOME, HOPE III and the Emergency Shelter Grant Program; and WHEforREASj the infrastructure has economic development projects; and WHEREAS, there is an increasing need for the Community Devel- opment Block Grant Committee to review applications for funding and proposals for expenditures funded by sources other than Community Development Block Grant; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt SECT_ ION I That the Community Development Block Grant Advi- sory Committee is hereby renamed the Community Development Advisory Committee. I SECTION II That the qualifications for membership to the Community Development Advisory Committee shall be the same as the qualifications of the Community Development Block Grant Advisory Committee] and those members currently serving on the community Development Block Grant Advisory Committee shall continue to 1 complete their terms of service on the Community Development Advisory Committee. SECTION III That this resolution shall become effect+,ve im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR `I I i Agenda No aaendaltorr~.~',~~,t~ I II ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 II I BY: I APPROVED AS TO LEGAL FORM: DEB DRA OVITCB, CITY ATTORNEY i ~ BY: ~ I M t i PAGE 2 4y w►Mt~A ~a~. ~saai:r r~aaaf FtJff ar>i Sal l f i fS- f}tJS_ q--C.---._..__. .r {F f f4 {'rlTnzZ1 Fss TrS'fY Yli Al € ~ - ~rrr~'s-taz-r . t YtYIS Y t , •a't riJY'r~'I' • ♦ lT ,t-r.-z . " r r rrrrr vs+t }r +rr~rrt.r a att... f~ .2 I t II If r o e **No Nis CITY COUNCIL REPORT FORMAT A TO: Mayor and Members of the City Counc!1 ✓ FROM., Lloyd V. Harrell, City Manager SUBJECT: Resolution Authorizing the City Manager to execute a License Agreement between the City of Denton and the Texas Air Control Board. r RECOMMENDATION: It is the recommendation of the Airport Staff and Airport Advisory Board to approve the License Agreement between the City of Denton and the Texas Air Control Board for the purpose of an air pollution monitoring station at the Denton Municipal Airport, Denton. SUMMARY: There will be no cost to the City of Denton. BACKGROUND: N/A PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: This agreement will not affect any other Department or Group. FISCAL IMPACT: There will be no cost to the General Fund. Rea ec ully su tt d Lloyd a roll Prepare b : City Manager 0' Joe Th on Airport Manager Approve Ric Sven a Deputy City Manager i I Jt \WPDOCS\RESO\TEAIR.RES agendaNo , Agondalterr1__ S 1* l RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS AIR CONTROL BOARD GRANTING A LICENSE TO THE TEXAS AIR CONTROL BOARD FOR AN AIR POLLUTION MONITORING STATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the City Manager is authorized to execute an agreement between the City of Denton and the Texas Air Control Board, a copy of which agreement is attached hereto and incorpor- ated herein by reference. LION iI That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS$ CITY SECRETARY BYO APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCHO CITY ATTORNEY BY: AO A& ! : AM01300 AgandaNo Agenda Item C ~ STATE OF TEXAS S AGREEMENT BETWEEN CITY OF , COUNTY OF DENTON S DENTON AND TEXAS AIR CONTROL BOARD KNOW ALL MEN BY THESE PRESENTS: That the City of Denton, a municipal corporation in Denton County, Texas, acting herein by aril through its duly authorized Assistant City Manager, hereinafter called "City", and Texas Air Control Board, an agency of the State of Texas, acting herein by and through it duly authorized Regional supervisor, hereinafter called "Licensee", hereby make and enter the following agreement. 1. City hereby grants unto Licensee a revocable license and pri- vilege to use and occupy a plot of land, a part of Denton Municipal Airport in Denton, Denton County, Texas, as shown on the attached Exhibit "A" which is hereby incorporated herein by reference and made a part hereof. 2. The 1, term 1993fandiendinq neDeshall cembere 1ten , 20021 (years beginning on January that either the City or Licensee shall have te right to ocancel this agreement by delivering written notice of such cancellation to the other party thirty (30) days before the effective date of such cancellation. 3. Licensee agrees to use the said land only for an air pollution monitoring station. Licensee recognizes that said land is part of the municipal airport of the City of Denton and agrees that any improvements erected or installed and all activities conducted + thereon shall be in strict compliance with all regulations and requirements of the Federal Aviation Administration and all federal, state and local laws, statutes, charters and ordinances. 4. shallTindemnify a d hold CityyofaDenton harmless against any Board all claims, demands, damages, coats and expenses, including r Texasn ire attorneys' Board son o theh premises t and management the conduct and management of the monitoring station. I Agendaho ~ Qz3~C6... . Agend3llerrZ_-2Az 5. Licensee agrees to pay the City as consideration for the use of said land the sum of One Dollar ($1.00) per year, the receipt and sufficiency of which is hereby acknowledged. 1 EXECUTED at Denton, Denton County, Texas, this day of A.D. 1993. I CITY OF DENTON TEXAS AIR CONTROL BOARD 4G~~ A da, ~-2 b LLOYD V. HARRELL R GIONAL SUPERVISOR CITY MANAGER ATTESTS ATTESTS JENNIFER WALTERS CITY SECRETARY APPROVED AS TJ LEGAL FORM DEBRA A. DRAYOVITCN CITY ATTORNE BY: PAGE, 2 i AgeodaNo Agentlaitem=,E?S ~G- - ALL that certain lot, tract, or parcel of land situated in Defit County, Texas and also being a part of the T. Toby Survey A-12-5 and part of the City of Denton, Municipal Airport and being more particularly described as follows: COMMENCING at the point of intersection of the south line of F.M. 1515 with the east line of the Denton Municipal Airport; THENCE north 10 501 55" west with the east line of the Denton Municipal Airport 1036.79 ft; r THENCE north 220 271 0411 west with the east line of the Denton Municipal Airport 1528.44 ft; THENCE south 810 561 59" west leaving said east line 130.30 feet to the point of beginning; THENCE south 70 20' 40" west a distance of 16.0 ft. to a point for corner; THENCE north 820 390 2011 west a distance of 28.0 feet to a point for corr.-ar; THENCE north 70 20' 4011 east a distance of 16.0 feet to a point for corner; THENCE south 820 391 20' cast a distance of 28.0 feet to the point of Beginning and containing 448.0 square feet of land. AEE00015/50 %poism Alp. A&ir oR J~FM7aN ltJlW/CI~L A/R~yQ~' 2)"-mm, Tawas j MASCM BRANCH FM I~ G -~tsTitJC. (r i4 ft cis y O i ' ~,,Y,aa • $o~ K e'w r to'H 4~8 f`'H Ra►Aa ~►RK I t~tr .P~ar~ciN~ F.A.A, O HANCrAR RAT t ' (Nor `Tb ice.-A(X) v d\ 0 i ,t•,j,Jl,1~.y~V74 s yy1-t, 4 i ,.5', r + J ET{ t ~ZQ~ ! i Ir \7. \ .a+{.i•~Gw "f~.,;..1.~ 99~'5t t. rJQ."j}~ ryj°q" 1 + 6~+ i r,~, \ f 1, r' yr lIF(>: 1 I Ile, T`rliit ~'lh y>Ir~~ ' vS a •r~~ VAJI •r i'C:C 4 h r r •~~,j`(: + '~.yT`Y~. c t'y t~'t <,a ,fir s+,' • l ~:r ~~'.~Y. l1`J,f•.{•,r '~i \F [ .11s'..~,ly I;• { i r ~ ~ 14 ~.1 , r.. , r ^ t, r , , , ; v { l~ l ~ ~ n t ,'1 • ~ 1 1 4~~}y" } y ,1 . J PAVING LIME', 77 t'~: a '•1 s,R~q ! FUTURE; ` . •:r.` 'it HOLDING APRON BRL 12 • ~ r4 1 I ti •"r' • SCR.: t.r , 2 , J I pC~ r 1 ~ .1 aa, i' ) T ELI 7~, %S AIR MMCL 2 1 ~ . . 1 y . (,`1447 ' , : a t•'4 ! USE 'PLAN i ENT i',~,/} ~ IP'trt+.~r; ~.J_' r,'",` . ••r .''>:r' tr '`r,is"'.,•~~ai~ . r .M + • fA~rr ' , 01•: 1 rf,~r ,L , J r'g FIF ( + ii. . 1 f •~„r jet ~~II•r; e1 t.^7,1 , 1 }~~'fH a .,r Y " S / / tit r, .t i,i ~T ' i4`. r•.~,.' , Y 1 r, r: r \ , r r rr T p'• .ZJ, ' ~jCrt\ It r - r;, •~A,y ♦ h,".'~' fa r, 3.r .r t Jif *ii~'• ±'^~yj'?-I R• ~t ! ~a.•'+ 1', ''r'' v., l( ( ~•R+; r r .~x\ ~nr/r ;17 J. it AW 4, ,yr ,1 ' ~y. n I~ e 4 ,Yi 9~a + 'r+ a.l ',7r'r.~'~~3`~~';,i~{•+r',~4.!,'fA.~ '~~..I,. `y , 1 + 1; . " 1, ' JJ 1 \ ,i IyfKt' y, r + i ~~j ;i 11`': r'at Ch)^ '•S• 1 r. + ~14j_~ h .1 , ' ~r~~flGi4✓r~71J",,,~+' ,,r ` , ,1 tiC,•...,•.., t, 9.1 f~ 4., 1 r 1 v Y r« ! ~..>y. r•4rNEJ r t'}y 1 r 4, tJ'J,~ .,,r}p r ~ ! rS r i lfl, ?C L i\.G~rT! AIRPORT BOUNDARY - 1 ~r -,kI¢%j„'7 4, ''~.~1 ~.e r r ',,l tom! H• ~t~. 7.. . a. ~ n t,. ~Y 'r+' 1 r + l5 ' .,BUILDING RESTRICTION-'LINE. try ,17 '~r~D}.4..) ,•~,J Lrlrr f . r , r r ' S . 1•rd ,a . yt• . v\4 's•wtf ;~.~yi J ~<<'}t Jy , r ~ 4 ,t {,.~~R~,` OVERHEAD ,UT IL<TRLIN£S 'sY, r, , /`r, . r~. r, ,^+.a 3, , iti'~o dCIE R ONE" 'tic' hl ,trt.; FIJTURE~ BUILDINGS ANO FAg11TiES",': : , . r; •La"r T k, DATA TABLE " }'''K ` ` } i• AIRPORT ;REFER NC C'-POINT ~ 1r~J ltj VA •t~ i a s>;' I 1,S,CGMENTED _ I (l'l. 'jNIND CONE ar+ j L -.Jr r ~ r~ ' ~ ' d'ry' ,i L1DlE,FU1Ri(ER~ey(I:.,~ w',+tsrf~a",7 PAVEO AREA } ) r •t' r 1 r ^AIRPORT, BEACON r :r,1 8UILDINGS/STRKTURESi A~ RUNWAYS, TAXIWAYS, PAVING BUILDING To 'RELOCATED [ 't t;= _ H ,H H 4i! \A, ~~lM 1 Y E Y. t! w ` Y1't 4 I l L 6 tea 3.:: 1 I CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 1 DATE: May 18, 1993 SUBJECT: Street Closing Request for the Owsley Coalition on Friday, June 4, 1993 RECOMMENDATION: To temporarily close Charlotte Street, from 2520 Bonnie Brae Street to Avenue H, on Friday, August 28, from 4:00 p.m. to 8:00 p.m. for a neighborhood block party. t 5[imMARY The Owsley Coalition has requested that the street be closed to provide adequate space and safety for those attending the bloc party. The theme of the event is the "Owsley Family Fiesta." The 1 purpose of which is to bring community services to the citizens in this area of town. The United Way, Denton Independent School District, and the Police Department have also been heavily involved in assisting this neighborhood effort. This is the third block party at this location. The tenants and property managers affected by this closure have signed the attached petition. No tenant or property owner will be denied access since police will allow them through the barricades. i Both the Police Chief and Fire Chief have been advised of this event and have no safety concerns with this temporary street closure. Please advise if I can provide additional information. REXd LY SUBMIT ED, arrell Preparedbyt ger 0A fI L Cathertne E. Tuck Administrative Assistant I I J :ALL00234\1435.3.1 A08rda No A6erdabm__ ` 7n Gila /r-_13 RESOLUTION NO, 1 A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN 2520 CHARLOTTE STREET AND AVENUE H ON FRIDAY, JUNE 4, 1993; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, James McDade, representing the "Owsley Coalition", is requesting that Charlotte Street, between 2520 Charlotte Street and Avenue H, public streets within the corporate limits of the city of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 4:00 p.m. and 8:00 p.m. on Friday, June 4, 1993, for the purpose of having a "Block Party"; and has WHEREAS, James McDade representing the "Owsley Coalition assured the o agreed t the a temporary closing property of this road managers and that this one will be denied access to their property; and WHEREAS, in order to provide adequate space for the said event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Charlotte Street between 2520 Charlotte Street and Avenue H from the hours of 4:00 p.m. until 8:00 p.m. on Friday, June 4, 1993; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I That Charlotte Street, between 2520 Charlotte Street and Avenue H, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traf- fic from the hours of 4:00 p.m. to 8:00 p.m. on Friday, June 4, 1993; NOW, THEREFORE, SECTION ILL That the City Manager shall direct the appro- priate City Department to erect barricades on Charlotte street at 2520 Charlotte Street and its intersection with Avenue H, at 4:00 p.m. and to have the same removed at 8:00 p.m. on said date. SECTION III That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR AoendaNo y3 - o Agendallerrt ZS JO 721 [big J p/ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY r I l BY: I i t Page 2 Agertdaltem__ Q~ 7~ RE¢UEST FOR STREET CLfj'~l~2FiE ~~d -9~ Organization Requesting Street Closure: Grct s~~' y (r[ ~t 6 1 Contact Person: ti I N5 / Y sc n~•t/ I Address: _ 1/ 1Ck. Y(6F'Et Phone Number: / o5 lam, Street To Be Closed: C II& V G { { - Date and Time To Be Closed: eh-, /c} C 1 AL f 7 Intersecting Streets: .rSr ~rl fir U C ~Z l!C l I~ Reason For Closure; __~)y-r,~~ir,_~ I i Please complete the lower portion of this form. ALL property o.:ners and/or tenants affected by the street closure MUST be contacted and must sign below with an Indication of being in favor or in opposition to the street closure. Name of Property Owner/ Address Authorized Favor/ Tenant of Property Si nat/urree oppos 1. VCIhnE?S t'l~"~~' r'~ dam' /JIGAJltii rAV~ 2. 3._ Okuv106(t Sintis -04 l-) Q1 i~i~L- vy.x1 a. ; rn uh 10 z,4•,. 1/ /~'e~ict/~/ 5._ On v) n Q CAE I# rl 6. fS O rv,. t- ? rc rGY Ca tf 1 7. r Teti n -t ! ~ t 8. c1 U S E' I Y` lk h ~ Z 1,/ i cc . C4. ti o r AMMOOOFC i i I AperdaNo _ ~l3 (Asendalfem REgUEST F'OR STREET CLO$Ufy~~ ~ '3/ Organization Request ingStreet Closure: (51-0 C4 Cock Contact Person: ( f)evl (s Address: Phone Number: U Street To Be Closed: Date and Time To Be Closed: ~it n Y ~i ( f 1, Intersecting Streets.-6(l C ~ 7~Onr1"F 0 ti Reason For Closure: -C )I 1 1 / 1 e s Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacte3 and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property Owner/ Address _ Tenant Authorised Favor/ Of Pro ert S1 nature 1. 1 ae EI Or- CA v24 02 S2 C ~t4Vll Eft u! i~~ t' fl~v~ r 2.4U4C . eyI r. N/ 11 3. LAh0i ~~Ctrn03 2 W !I 4. CCV(Seltlct ~UCVf fPp r~ / I 5. C&VNE 5{ 611oSCt„ I/ b . Ltl n (L-1) tt IV 41 _ l Z4 8 . -.LLl~io LPL 4 fl nil z 9 . 5 ~ YC t s It fj 10., rnf' ~CGt f) f,c 1Y?ti~lurf L'+t! v2.t o AMMOOOFC ~Ganda~ferrt_,__ ` ~ yD R_EQ[7EST FOR cm 11z~ :✓T CLOS~jIyE- organization Requesting Street Closure: G 1ti Contact Person.-,p Iy t, S Address: r 1 Ci U f Er l7 /.f Phone Number: l , Street To Be Closed: Date and Time To Be Closed: ~UT~ e r{ 4 k 1, 7 ~A TntercPrrir.gStreets: Reason For Closure' r~ i l Z,4 r S f t Please complete the tenants affected by lower portion of this form. ALL pro the street closure MUST be contacted and must sign below with an indication of being in favor or in o Forty owners and/or pPositlon to the street closure. Name of Property Owner/ Tenant Address Authorised of Pro pert Favor/ I.- ~~--rr- if i Si nature PPPO ee Ji,mts itilcr)ticrr A-511 c idle ft, V J 3, #t S' - Gc?/( f~s 15 .7 Cir 1'~t l.f 1L%f1 "f F'x ~U ~ xq C (4 6 /t v1 9. 11~ A ~~ti Cry f~~ i~ r r~ !i 41 AMMO00FC v ITY COUNCIL i I 1+II i ~ 1 4 f /deg CITY COUNCIL REPORT Date~ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Street Closing Request for a Block Party for North Lake Homeowners' Association, June 13, 1993 RECOMMENDATION: i To temporarily close North Lake Trail, from Bowling Green Street to Auburn Street, on Sunday, June 13, 1993, from 1:30 p.m. to 6:30 i p.m., for an Annual Block Party sponsored by the North Lake Homeowners' Association. i SUMMARY: The North Lake Homeowners' Association has requested that North Lake Trail be temporarily closed in order to have its annual block party. The group has requested that the street be closed to provide adequate space and safety for those in attendance. The abutting property owners affected by this closure have been 1 notified of this event. The attached petition bears the signatures of the property owners and tenants on this portion of North Lake Trail indicating their support for the event. No property owners will be denied access to their property. They will be allowed through the barricades. i Both the Police Chief and Fire Chief have been advised of this event and have no safety concerns with this temporary street closure. Please advise if I can provide additional information. RESPECTFU LY SUBMITTED, c i ~f I Ll yd V. Harrell City Manager Prepared by: Catherine E. Tuck 1 Administrative Assistant ua oo ac t J bmorthtak.r Agen~aliem RESOLUTION NO. A RESOLUTION TEMPORARILY CLOSING NORTH LAKE TRAIL BETWEEN BOWLING GREEN STREET AND AUBURN STREET ON SUNDAY, JUNE 13, 1993; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carolyn Bacon, representing the North Lake Homeowners$ Association, is requesting that North Lake Trail from its intersection with Bowling Green Street to its intersection with Auburn Street, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 1:30 p.m. and 6:30 p.m. on June 13, 1993, for the purpose of having a block party; and WHEREAS, the residents of North Lake Trail, from its intersection with Bowling Green Street to its intersection with Auburn Street, having signed and presented the City Council with a petition agreeing i to the temporary closing of North Lake Trail; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I_ That North Lake Trail, from its intersection with Bowling Green Street to its intersection with Auburn Street, a public street in the corporate limits of the City of Denton, be temporarily closed to vehicular traffic from the hours of 1:30 p.m. and 6:30 p.m. on June 13, 1993, for the purpose of having a block party. SECTI~ That the City Manager shall direct the appropriate city Department to erect barricades on North Lake Trail, from its intersection with Bowling Green Street to its intersection with Auburn Street, at 1:30 p.m, and to have the same removed at 6:30 p.m. on said date. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I Agenda No "O/6 AreidaIfem_ l tEQtIEST FOf2 STREET CLO6Crn-z 51'- Organization Requesting Street Closure: J F,.~, r C-fS Contact Person: Address:_ ~J'~h~y 1~h r U', a Phone Number; Street To Be Closed: i Date and Time To Be Closed: _,k) N Intersecting Streets: I Reason For Closure:, Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacted and must sign below with an indication of being in favor or in opoeition to the street closure. Name of Property Owner/ Address Authorized Favor/ Tenant of Pro ert Si nature porn i 1~Surrotl ~ tam, Trail et~~_ ( n l"Gts t'. ; t+l r~ 3. E U r r.-~,. f 4. i lA f1~1 F.)\~.' IYlv~~cll CrIt~S_r1 .,2218 T~~or1f-Ln1r ~~f' ~-~~1~.~.3_'1 ~~[I~' : 6. r rt n}or1 M.C C4, C1 .1.- L Xr 7. - F ~ f Y r a r rA- Q~ 10. AMMOOOFC ' -07f REQUEST FOR S'T'REET CLOSUF2E -~--~_>-9~ Organization Requesting Street Closure: I\. J Contact Person: ;,1 __,z~i~~} Address: Phone Number: '•,.1 ;,~1 Street To Be Closed: f 1 ral l r0 r 1~ , } Date and Time To Be closed:_ .r)1 Intersecting Streets: Reason For Closure: Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacte3 and must sign below with an indication of being in favor or in opposition to tao street closure Name of Property Owner/ Address Authorized Favor/ Tenant of Property Signature 0 ss OLvv~ 1._ ` . ! _ 41,1T ¢v ti. 3. .121LL~1nr~n rn FSl soft .1,2„21 1~fnr~~. ~-n l'r V(J~ `'x'15• ~trnld;n T~ndiC ?A11 NnrWA~ • r' 4~`T~S•_S_L. t T\1onr, Qhrhr~ l1uf_1_~ ,a e 0!' i F <d Cl~ e 7 J p ~---I- 1 l~US» yyyLF~L\n u ~r,i r iNr ` i /J I i k irik ~A QU--) .J4V0 r.8. 1 : J , ' r 1, k Sn 9.~l 1)d (k a ~t e 10. ~ C V E, Ln~ kl ~.1 I~, n an ~2c1= Nor 1l lo~.c r lYr~+iyJVi iv AMMOOOFC A,q~^L.aHo ~eS W~7z ` REQUEST FOR STREET GLOStYRE"-/~"f -j"~ f Organization Requesting Street Closure: 1 a(~jr Contact Person: Address: Phone Plumber: ,',,'4J Street To Be Closed: LLL), ~_~,l irra, l r Date and Time To Be Closed: Intersecting Streets: E Reason For Closure:` , t {r r h Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacted and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property Owner/ Address Authorized i Tenant of Property Signature Fevor/ Opaoss ' 1. 2 t~,r1S,E ',1,~ 1~ I~rckcr y?31~ llo: 4l l~kc tyl~~ t~es/( . , I 3'- n, el 31'1 Iln 1; leYc 4 . - t 1, k ti 5. ~au1n ?Gins 3 ) J10 NnA E b; S 7. 12311 9 ` { k 9 10. AMMOOOFC 7N I i.. r T F t Y •N f ~6 c 4 r o I E:\WPDOCS\RESICOCDER. RES A0904 No Date RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON RELINQUISHING APPROXIMATELY 350 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION TO THE TOWN OF COPPER CANYON SO THAT COPPER CANYON MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton supports the extension of Farm to Market Road (FM) 2499 by the State Department of Highways and Pub- lic Transportation from FM 407 north to FM 2181 in Denton County; and WHEREAS, the City of Denton, pursuant to Resolution 93-025 has released approximately 118 acres of land located in its extrater- ritorial jurisdiction to the City of Highland Village, over a par- cel of land contiguous to the northeast corporate limits of the I Town of Copper Canyon, to secure a corridor for an eastern align- ment of FM 2499; and WHEREAS, the City of Denton is agreeable to releasing approx- imately 325 acres of land located in its extraterritorial juris- diction to the Town of Copper Canyon in consideration of securing certain assurances from the Town of Copper Canyon, that the Town of Copper Canyon will support an eastern alignment of FM 2499 through the parcel of land contained within the extraterritorial jurisdic- tion released by the City of Denton to the City of Highland Vil- lage; and WHEREAS, the Town of Copper Canyon has passed Resolution 93-04 endorsing the construction of an extension of FM 2499 from F4 407 north to FM 2181 within the land released by the City of Denton to the City of Highland Village; and WHEREAS, pursuant to Section 43.021 of the Texas Local Govern- ment Code, home rule cities are authorized to fix their boundaries and exchange areas with other municipalities; and WHEREAS, the Town of Copper Canyon and the City of Denton are desirous of determining a definite boundary limit for annexation purposes in the area just north of the corporate limits of the Town of Copper Canyon; and WHEREAS, in order to delineate and fix such boundaries, a release of extraterritorial jurisdiction is necessary on the part of the City of Denton so that the Town of Copper Canyon may institute annexation proceedings in such area; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: E agtin4altar~_ ,~5 ~ 7 F SECTION I. That the recitals as stated above are hereby found and determined to be true and correct. SECTION Ii. That the City of Denton hereby releases and relinquishes in favor of the Town of Copper Canyon approximately 350 acres within its extraterritorial jurisdiction located and described more fully in Exhibit A attached hereto and made a part hereof for all purposes so that said area shall be within the extraterritorial jurisdiction of the Town of Copper Canyon and that the Town of Copper Canyon may institute annexation proceedings with respect to said area. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRYj MAYOR l ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY > 1 i BY: PAGE 2 "BYHIBIT All BEING part of the L. Cohen Survey A-246, the J. Teague Survey A- 1238, the J. Lockhart Survey A-768, and the W. Hawse Survey A-557 Denton County, Texas; BEGINNING at a point in the existing city limits as described in Ordinance No. 74-46 of the City of Denton, Denton County, Texas said point lying at the intersection of the south line of the A. Cannon Survey A-232 with the west line of "Copper Canyon Road"; THENCE east with the south line of said Cannon Survey and the north line of the L. Cohen Survey A-246 and crossing the east line of said Coker Survey also the west line of the J. Teague Survey A-1258 and continuing with the south line of said Cannon Survey and the north line of said Teague Survey to the southeast corner of said Cannon Survey and the northeast corner of said Teague Survey; THENCE south with the east line of said Teague Survey, also being the west line of the K. Hawse Survey A-557 to the northwest corner of the Orchid Hill Subdivision being a U.S. Government Monument No. F-538-4; THENCE north 780 051 11" east a distance of 1040.29 feet to Monument F-538-3; THENCE south 870 580 05" east a distance of 724.59 feet to Monument F-538-2; THENCE south 60 171 29" east a distance of 870.1 feet to Monument F-538-1 on the south survey line of the w. Hawse Survey; THENCE east with said survey line 142.0 feet to Monument F-540-1; THENCE north 100 221 east a distance of 737.9 feet to Monument F- 540-2; THENCE north 600 020 east a distance of 220.55 feet to Monument F- 540-3; THENCE south 616 031 east a distance of 282.65 fee to Monument F- 540-4; THENCE south 820 300 east a distance of 493.21 feet to Monument F- 540-5; I THENCE north 840 201 east a distance of 310.67 feet to Monument F- 540-6; THENCE south 56 30' east a distance of 399.0 feet to Monument F- 540-7; THENCE south 80 211 east a distance of 91.9 feet to Monument F- 540-8; PACE 1 4~1 'Mdaho adundal~ent -.(~^~f THENCE north 626 301 east a distance of 807.3 feet to Monument>,5 530-13; THENCE nrjrth 62" 30P east a distance of 724.7 feet to Monument F- 530-12; THENCE, north 150 44f wesk a distance of 737.6 feet to Monument F- 530-11; THENCE north 72" 44' east a distance of 642.941 feet to a point in this east line of Bishop Rof,,; THENCE south 0° 121 east Witt the east line of Bishop Road a distance of 2495.91 feet to a point In the center of Orchid Hill Road; THENCE west with the center of Orchid Hill Road and the north line of the J. Baker Survey A-50 a distance of 5137.5 feet to the northwest corner of said Baker Survey and in the east line of th~a J. Lockhart Survey A-758; THENCE south with the east line of said Lockhart Survey 800 feet to a point for corner; 1 THENCE West 1501 feet to a point for corner; THENCE north 1619 feet to a r-. ;t for corner in the north line of an east-west road; THENCE in a westerly direction Witt. the meanderings of the north line of said east-west road to tha intersection with the west line of Copper Canyon Road; ion RoadCandncrossing rthedA.T. & F kRailroadtandnc ntinuing to Canyon he Point of Beginning; AEE0015/54 { I I i EXHIBIT A PACE 2 I QoRTiom WITIII+J CaY OF DGNTCW ET1 Tb M RE"A*Fwb Orb C.GoPPrR Co" YOM i 1 I i i I I II { l ~ 9 D I i EX ISIT A IAGE 3 _ Cf I1 Y.. 1.1. 1a:: ~i Oi II /III III II!:~ .'C.': iICeIYI1IIrr11: il'i altla l.I v/r♦ _ ilr vrw 1 -y: ara wr wl - ~C!': Cr• t:'I,CJ aC:vp e. IAl rrr.::. 'i•i' ~ 1111 +ti. ✓ rh' - ✓VP✓YYVYtlY~Y'a4'A': W't4A i1 Irl.r•1'VVtlAaf✓Y V.1CY.:.1"Ili1'1':'.i'.'.'.'. MfYYrYrYAYOIIW.Ihhh'IµTYaaxxx'a • " . .4+r+yrV gIYYIMIARRrhrlaLL':b'rYY..:.: .1.YTYrYYYYPWIIVVYI¢I.44YSIh4x¢¢,"•'•'•'~".' . a✓IMw'A WYihrY1YPVYYrIW~~rl4rtah49a:'.'~:'. . •.r.PwrMPArrMWMFYa[W'✓W'YKhI':'• rI1IIrI~M✓~Mr{.f✓YpVOWah+HH PII IIMIP YIr M4erIY1<MiiYLb'.'.'.'.'.'. YyIpYµWh4aptYi L•.v..'. '.t Rvpu)44a:1y4HUn-. S'. IIYMYYY1h4¢rsh'shM'LIIa Oh'. n 4696¢gbbbit c'. ueaiaa¢bab cs.v-. eaae\{sasa::e ¢MlgHaaat: q tati•+: t Klt Y~ti. Z ' {I\45!fI- ~Yllfitlr' I♦Y1:f K {tK♦<i i. 1t.t\i- {YYYIY• {attb.- a.Yaa• Na 1 o b ~a D O A, r,t tote _ . Environmental Health Servlces CITY OF DENTON 300 Woodrow Lane - Denton, Texas 76205 • (817) 383-7593 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: May 13, 1993 SUBJECT: Interlocal Agreement Between the City -)f Denton and Denton County for the Impoundment and Disposition of Cats and Dogs RECOMMENDATION: Staff recommends the adoption of a resolution authorizing the City to enter into the Agreement. SUMMARY: The agreement states that the City will provide certain services to the Denton County Animal Control as follows: The City will hold animals picked-up by the Animal Control Officer from Denton County and animals brought to the Animal Control Center by residents of Denton County. These animals will be held for ninety-six (96) hours if not claimed by an owner. At the end of the ninety-six (96) hours the animals will be euthanasized or put up for sdoption. The City will hold animals that are possible rabies suspects for ten (10) days. The City will remove and ship the heads of rabies supsects for testing by the Texas Department of Health. For these services Denton County Animal Control agrees to pay the fees set forth in the agreement. Six dollars ($6.00) per day per animal being, held for an owner to claim. Seven dollars ($7.00) per day per animal being held for rabies observation. Fifteen dollars ($15.00) for each animal •utaanasized. Thirty-five dollars ($35.00) for each decapitation and shipment. BACKGROUND: The City began contracting with Denton County for the holding of animals from the unincorporated areas of the County in March, 1987. The County needed a place to shelter animals and we were in the process of expanding our - 1 - Ruled on Recycled Paper Page facility. The revenue generated by our providing this service to the county has helped to offset the program costs. Each year the County has renewed this agreement. FISCAL IMPACT: It is estimated that revenue from this program will be approximately twenty-two thousand, three hundred, ninety-five dollars (;22,395) for fiscal year 1992-93. In the 1991-92 fiscal year the City received sixty-two thousand, four hundred, eighty-one dollars ($62,481) from the County for the service. This amount was unusually high as thirty-nine thousand, l- one hundred fifty dollars ($39,150) was the result of the County seizing one hundred (100) animals in a cruelty case and the City sheltering many of these animals for two hundred thirty (230) days. Without the amount generated from this case the annual revenue from this source would have been twenty-three ? thousand, three hundred eleven dollars ($23,311). I RESPECTFULLY SUBMITTED: loy V. Har 4 rell City Manager Prepared by: Nonce Molo-Kull, ager Environmental Healt Services Approved by: etty McKe n Executive Di ector for Municipal Services/Economic Development I~1 i u,L003cz ~Cicrddue f 6__f C ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON TO EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON FOR THE PROVISION OF SERVICES ASSOCIATED WITH THE HOLDING AND DISPOSING OF DOGS AND CATS FOR THE COUNTY OF DENTON; AUTHORIZING CITY PERSONNEL TO COLLECT FEES ASSOCIATED WITH ALL INTERLOCAL AGREEMENTS FOR SERVICES PROVIDED BY THE CITY PUR- SUANT TO SAID AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the County of Denton desires to obtain impoundment and disposition services for dogs and cats for the citizens of Denton County; and WHEREAS, the City of Denton has facilities and personnel train- ed to provide these services; and I WHEREAS, the City of Denton maintains these type of agreements with other local governments; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor of the City of Denton is hereby authorized to execute on behalf of the City of Denton, Texas, an interlocal agreement with the County of Denton for the provision of services associated with the holding and disposing of dogs and cats for the County of Denton, a copy of which is attached hereto. trolSpersonnel~to hcollectCfeesCfor services authorizes rendered pursuant Con- interlocal agreements and duly authorized by the governing body of any local governme,rt entering into any such agreement with the City of Denton. These fees shall be as follows and maintained on file in the office of the city Secretary: 1. Euthanized Animal $6.00 per day holding fee for each animal 2. Adopted Animal $600 per day holding fee for each animal 3. All other fees associated with interlocal agreements will be in the same amounts as presently authorized and established by the city council and on file in the office of the city secretary. SECTION III. This ordinance shall take effect immediately from and after its passage. Ap odi No AgvdalfvL - 7G ! ,c /G PASSED AND APPROVED this theme day of , 1993. BOB CASTLEBERRY, MAYOR r f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: C Page 2 i A ~o~daNa ~ 3 -oil Ar~ehdaltem :t~. Z~ AAAOOF56 X13 _ 5' `J, r p/ /D J THE STATE OF TEXAS S I CUUNTY OF DENTON S INTERLOCAL COOPERATION AGREEMENT WHER'ZAS, the City of Denton, Texas and the County of Denton, Texas, are both local governments with the authority and power to contract; and WHEREAS, the City of Denton is engaged in the services of hold- ing and disposing of dogs and cats for the benefit of the citizens i of Denton; and WHEREAS, the City of Denton is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, the County of Denton desires to obtain impoundment and disposition services for dogs and cats rondered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the County of Denton, Texas; and WHEREAS, the provision of impoundment and disposition of dogs , and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, the County of Denton and the City of Denton mutually desire to be subject to the provisions of Tax. Gov't Code, chapter 791, the rnterlocal Cooperation Act and contract pursuant therato; NOW, THEREFORE, the County of Denton and the City of Denton, for the mutual consideration hereinafter stated, agree as followss I. A. COVENANTS OF THE CITY OF DENTON 1. Holdina of Daja and Ca A The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the County of Denton and to accept and hold dogs and cats brought to and released to the Center from residents of the unincorporated areas of the County of Denton under the following terms and conditions: PAGE 1 AgerdaNo Ageidallert~ Ante/Q- (a) Holding Period Denton h Dogaand a The City of agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six (96) hour period, the ovne:ship of the animal shall revert to the city of Denton and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed or placed for adoption at the dis- cration of the Animal Control supervisor. (b) Holding Feas for Zmno~nded Doa■ ■na r rn For ' the purpose of this Agreement, the City of Denton will charge Six Dollars ($6.00) per day holding fee for each day that an animal is held at the Center. in determining the meaning of the term "animal", as used heroin, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the asae~s- ment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. (c) Holding of Oyarantin■d a„~~~y The City of Denton agrees to accept and hold rabid suspects in quarantine for the County of Denton when conditions permit, and such action is-author- Lxed by a representative of the County of Denton. (d) Holding Feas for Ouurantined Animals. The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day for each day that the animal is held. (a) HUSL Shipments 'County Testing Upon request of the County of Denton, the City of Denton will provide for the removal and ship- ment of the heads of rabid suspects for clini- cal rabies testing at the Texas Department of Health. The fee for this service shall be Thirty-Live Dollars ($35.00) foi each head shipped. PAGE 2 ~I I Apida No ayondallerr~ ~'s_.,_--ter. 1 2• The City Of Denton agrees to request residence , nformation from a person bringing or releasing animals to the Center in order to verify their iresidence in the unincorporated areas of Denton County. This requested information shall includer (a) The person's address and telephone number; and { (b) The person's acknowledgement of their residence being in the unincorporated area of Denton ` County, B. COVENANTS OF THE COUNTY OF DENTON I 1. Financial Rescon~y. In order to reimburse the City of Denton for its costs incurred under this A greement, the County of Denton agrees to pay for the cats hreceivedfees Promo euanasia fees on ted areas dogs the County of Denton or its authorized agent if the animal(s) is not reclaimed by its owner. These fees will be assassed on the following basisr (a) Euthanieed Animal $6.00 per day holding fee for each animal as determined herein $15.00 Euthanasia Fee (b) Adopted Animal $6.00 per day holding fee for each animal as determined herein (c) Head Shipments $33.00 Shipment fee - 2. The City of Denton will collect impound lees duly authorized by the County of Denton and as specified in this pa--,graph from the owners of dogs and cats received from the unincorporated areas of the County of Denton. Impound fee monies will be applied to fees owed the City of Denton by the County of Denton for animals not reclaimed by the owner. II~O- [7ND F.~: lot Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 f 4th Impoundment - $67.00 PAGE 3 f AaandaNo Agendaltenl Al 3. The County of Denton agrees payment shall be made within forty-five (45) days of recaipt of invoice by the county of Denton. I i II. The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton's employees, and agents, the City of Denton's subcon- tractors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agreement with said City of Denton. The County of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the County of Denton's employees, and agents, the County of Denton's subcontractors, and/or contract laborers doing work under an agreement or contract with the County of Denton in performance of this agreement with the city of Denton. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Toxas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of ethState of e Texas. It i understood that it is n intention parties hereto to create liability for thebenfitofof third parties, but that this agreement shall be for the benefit of the ,)atties hereto. 1 III. The fact that the County of Denton and the City of Denton accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare and, therefore, 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 hereby invoked to the full extent possible under the law. Neither the City of. Denton nor the County of Denton waives or shall be deemed hereby to waive, any immunity or defense that would other- wise be available to it against claims arising from the exercise of governmental functions. I IV. The term of the Agreement shall be for a period of one 1) ear ' commencing as of October 1, 1992 and ending September 301 1y993. Thereafter, this Agreement shall be renewed for successive addi- tional one (1) year terms commencing on October 1 of each year if the County of Denton and the City of Denton agree in writing on or PAGE 4 Agenda No Agondalten 2'S Q(Y lei before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term] provided, however, either party may terminate this Agreement, upon thirty (30) days written notice to the other. V. This Agreement represents the entire and integrated agreement between the City of Denton and the County of Denton and supersedes all prior negotiations, representations and/or agreements, either E written or oral. This Agreement may be ameh';d only by written instrument signed by both the city of Denton and the County of Denton. VI. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall b9 governed by the laws of the State of Texas. VII. In the event that any portion of t1:is 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. VIII. The undersigned officer and/or agents of the parties hereto are the properly authorized of:ioials and have the necessary authority to execute this Agreement on behalf of the parties hereto, 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 r CITY OF DENTON BYi BOB CASTLEBERRY, MAYOR PACE 5 AgendaNf, _ Agendailem'le-L oll, oa!e ATTEST: JENNIFER WALTERP, CITY SECRETARY BYr r APPROVED AS TO LEGAL FORK: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY. COUNTY OF DENTON, TEXAS BY ATTESTS BY: or APPROVED AS TO LEGAL FORM t "'wuunBYi r AAA00156 PAGE 6 I 1 I a~ rr 1 of o~ w c r OK I , Ag" No. A01taItiM. ! L . ` S . CITY COUNCIL REPORT Dale ~~~j T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Request for an Exemption from the Noise Ordinance for Juneteenth Celebration until 12:00 midnight on Saturday, June 19 DATE: May 180 1993 BACKGROUND: Willie Hudspeth, representing the Juneteenth Celebration Committee, has requested that the City Council grant an exemption to the noise ordinance during the Juneteenth Celebration, Saturday, June 19 until 12:00 midnight. The noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after the hour of 10:00 p.m. (please see copy of ordinance attached). However, the ordinance states that the City Council may make exceptions when the public interest is served. The event, co-sponsored by the Parks and Recreation Department and a citizen committee, is held annually in Fred Moore Park. The celebration will include food and information booths, games and activities, dance contest, basketball tournament, and a parade. This year's event is scheduled from 10:00 a.m. to 11:00 p.m. Mr. Hudspeth has requested that the event be exempted from the noise ordinance until midnight. The event ends at 11:00 p.m. but the crowd may not be cleared until midnight. The Juneteenth Committee has also requested that the regular Fred Moore Park huurs be extended from 10100 p.m. to midnight. This was necessary to allow for the crowd at Juneteenth to leave the park after the event ends at 11:00 p.m. The Parks and Recreation Department is given the authority to grant this extension in the City Code and has granted its permission. This noise exemption issue was presented at the May 10 N.I.C.E. (Neighbors Improving Community Environment) meeting. The citizens in the area expressed some concern over the extension until midnight. The group thought that 11:00 p.m., when the event was scheduled to conclude, would be more appropriate than midnight. The group was concerned about noise in general in the Fred Moore Park vicinity. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Juneteenth Celebration attendees, neighborhood residents 1 Agendallem~5 ~6' FISCAL IMPACT: None. 1 Please advise if I can provide additional information. RESPECTFU LY SUBMIT'iEDO ,I i Lz~L~ L1 yd V, Harrell City Manager Prepared by: Catherine Ei ; T k Administrative Assistant k I k DISTRIBUTED Al' 5118/93 COUNCIL NE El 1NC DATE: MAY 189 1993 CITY COUNCIL REPORT TO: Mayor and Members of the 'City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID f 1488 - ROLL OFF REFUSE CONTAINERS r li RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, S & S Welding as listed: ITEM 1 30 CU YD CONTAINER $2,587.00 EACH ITEM 2 20 CU YD CONTAINER $2,411.00 EACH ITEM 3 40 CU YD CONTAINER $2,819.00 EACH Prices to remain firm for 110 days. SUMMARY: This bid is for the purchase, of Roll Off Refuse Containers for the Commercial Solid Waste Division. The quantities may vary during the 120 day contract period. Our initial purchase will total $18,221.00 for 2 - 20 yard containers, 3 - 30 yard containers and 2 - 40 yard containers. These containers will be added to the "fleet" and available for rent to commercial customers. BACKGROUND: Tabulation Sheet. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Commercial Solid Waste D vision. FISCAL IMPACT: 1992-93 Budget Funds account #830-024-0802-9108 Fixed Assets Machinery and Equipment. Respectfully submitted: Lloyd V. Harrell City Manager Approved: Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent agenda. 371 l s BID / 1488 1 I I BID NAME Roll Off Refuse Contaliers I S 6 S WELDING 1 I I OPEN DATE May 4, 1991 / 1QU.ANTITYI DESCRIPTION I VENDOR I EXHIBIT A I I I I 1. 1 3 130 C.Y. Open Top Container 1;2,587.00 EACH I ~ I I I 2. 1 2 120 U.Y. Open top Container 1$2,411.00 EACH I I I I I 3. I 2 140 C.Y. Opn.i Top Container IS2,819.00 EACH i ! I I i ADDENDUM I YES I I I Deliveryi I 30 DAYS I NSIRLBLIH) INJ 5116, WNCIL NJ 1A ORDINANCE N0. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ONSITE SYSTEM INC- FOR SERVICESARELATED TO THE PI:NOVATION OF HEBDENTON MUNICIPAL COMPLEX; AUTHORIZING THE EXPENDITURE' OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS! I SECTION I. That the City Manager is hereby authorized to execute an agreement with Triad Onsite Systems, Inc. for asbestos removal consulting services related to the renovation of the Denton Municipal Complex, a copy of which is attached hereto and incorpor- ated by reference herein. sECTION II. That the City Council hereby authorizes the expen- diture of funds in the manner and amount as specified in the agree- ment. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. i PASSED AND APPROVED this the day of F 1993. BOB CASTLEBERRY, MAYOR J V . ATTEST: JENNIFER FALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 4 J Q