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Home My WebLink About07-20-1993 i ~ I H Ibach Diets ]th„ Architect R~ALao S Ll5r~ ' Arcl~teGtu~s off eArlpi let . s , sa•.u e Interior Design 4 f -Ivie, 6)j. 6" e4i, Las 4386 West Vickery Qlvd. 8ufte 200. 4-_- --a Fort Worth, Texas 76107 7 886 9) r (817) 737-0725: . (817) 737-6261 Fax - aj., s I <4do1'1 r wtp ~r 3 I s 2' ca, ~Kls 'c~ O ?,E Irk HI7 A4rr- WIF T ~akT P of L4dr) Stior&~ & 1 f:- 5 AR~g- Lot) S -pf Ngiri/j l.~rls url aFw, ~oc• t~~~i~ r 7 i 7o r '~FI~kS o~ ?SIZ.Fc 5r~1►~ h~. hs t t 9 T, 1 t t LOA r.Lxiey r1 ~ r ~~T~' ~ ~ 1• T° ~f~ct~biFl I ! I i i ! E *11, If, V LP :50 i 14.0 r Q ~r ~ ~ ~i~ s sf-I~w ~or+ ~1 ~ PR~St~'.iATwcy+ t ~ nh r gColoeA ' m5 yrf4 ~ I u COLO J aF-,a~ k N46H J4 ~e4os5 l P L' IZ b,G Al:roua l,dri OAeAfrf, Awto► '7 , 2"cam op~- ci'.F,or~.~• J Q ;c.•.rr' -rte G~~ot~11~c~ P~.ir~ _ - . _ _ i VA. w '4xS►or*V1114 Mlx 1 Ito G r7t irt(~ F,a45t ~,oi+. . ` F job' peg., I~ iL rw 3~ ~ . 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STREETYARD - LOOP 266 8 EXIT (817) 737-6281 Fax 68,8)1 32 I 9 EXISTING CURB INLET TO REMAIN I ! i AREA - 171474 SF 1 9 EXI, 27 „ 20 121 4 10 REN 10 REMOVE EXISTING CURB AND CUTTER I 4 (02 (02110) ' I ~:J~r LANDSCAPING REQUIRED 20% 3,495 SF 11 REMOVE EXISTING PAVING (02110) ; 70 18 ~ql 10 I LANDSCAPING 7,540 SF 12 25 12 25'-0" SETBACK LINE I' 110 i.~~. PROVIDED 1itj 1/2 N x 22'-4" 546-001 4 /I `~Y 20 3 13 DIM 17 13 DIMENSION DATUM LINE j 6 EO SP, rl 41 CH( I s [174 CHORD OF PROPERTY LINE -SHOWN TO - . t ~cp ; EST ESTABLISH DIMENSION DATUM LINE i STREETYARD - COLORADO 15 HAN 2/CZ ~e L 15 HANDICAP RAMP - RE 6/C2 (02:.77) 16 HANDICAP PARKING SIGN - RE 7/C2 AREA, 7,076 SF ! 0 1 20 -;;Ck 10 r 3 1 16 HM (02, (02840) . 0 20 11 c=> 3/C2 EDC 17 EDGE OF EXISTING ASPHALT PAVING, i LANDSCAPING 20% 1,415 SF ?ti - REQUIRED r- b 29 1240-4" ~0 30 y ,7 BEG BEGINNING OF NE','+' CONCRETE PAVING OR ~ CUR CURB - RE DETAILS 1 AND 2/C2 (02510) I I INN 54 #3 18 NEW CONCRETE PAVING 5" THICK WITH I ~ai~~~`?~~ _ LANDSCAPING P~ PROVIDED3,357 SF ! 00000 PARKWAY\ 5,763 SF 2510 19 TYP „ 18 #3 AT 18L" 10/.2 (02CONSTR,!CTION JOINTS 10 DETAI10) ~r N 24-9 19 PAID O 19 PAINTED STRIPING, TYPICAL (02577) j i 1/C2 45'-0" -0" '-0"1~ mN k 20 PlA 20 PLANTING AREA - RE LANDSCAPE PLANS I_ I 5 E0. SP, 21 COI` 21 CONCRETE WHEEL STOP (02510) 22 CONCRETE WALK - 4" THICK WITH 6X6 W1.4 X W1.4 WWF. BROOM FINISH (02510) { Liu 3 ro f ' i0 ~d 22 CU1 ~.C2 TYP Rte' li I W1. i 23 RAISED CONCRETE ISLAND - RE FLOOR r l T, ~,8 I (31 1 23 RAC! PLAN, SHEET Al j J t I 24 STEEL PIPE BOLLARD - RE OEiAIL 9/C2 (05500) a/ 25 CONCRETE PAD FOR ELECTRICAL Q ..1 LANDSCAPING REQUIREMENTS AND PROVISIONS TRANSFORMER RE UTILITY SITE DRAWINGS. O.."' CONSTRUCT ACCORDING TO POWER COMPANY'S REQUIREMENTS Y 26 HANDICAP PARKING SIGN WITH "VAN O z a 4 ACCESSIBLE" SIGN - RE DETAILS 7 AND B/C2 QM . I A27 ALIGN NEW CURB WITH EXISTING DO W ' t gilL, 'TA i >w j 00 .800 w/ .00 r *go / 9 17 ~ - LJ I $E 6'01 611-2 1 ~i ~I 3/C2i r 27 R1S6~ 27 Ell 1 11 19 23 18 I I1 18 raj+t~ Gti ' Yr arc Jur 2B 29 ' SITE SITE DEVELOPMENT DATA PERMITTED USE; FINANCIAL INSTITUTION Q 7 JUNE 1993 T ANSFO MER 12 FLOOR AREA., 3896 G,S.F. RELOCATED 26 11 25 FLOOR AREA W0 918X 17 _M M- ~ r r r r rr BUILDING HEIGHT; 2204 " r+ d ~ 6-5 r r Fl 43 r IMF- v I Da 44 Y - k N N lim - PRELIMINARY t '0 BE USED FOR CONSTRUCTION hbr Fdaoh 0 DW AroN W% r y Date: - - - tR of d r COPYRICHI CUi993, HAL9ACH 002 WHIH019 ,.t ro, ur; M 6 oOOGOO~~~~Go90CC~c ~4p~o0 o°O ~ : ooa o°e a~ ODO . r 0 .v , t • Op~~ 444QCoco f CITY COUNCIL AGENDA PACKET July 20, 1993 i t 1 , i t i r ro~ka. 93 oat AOe~alt 1 o~a a- AGENDA CITY OF DENTON CITY COUNCIL July 20, 1993 Work Session of the City of Denton City Council on Tuesday, July 200 1993 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following i':ems will be Considered: NOTES Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Session. 5:15 P.M. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider demand in Michael Wilson claim. 2. Consider action in Les Gibson and Larry Ervin claim. 3. Consider action in Texas Waste Management y ^~ty of Denton . B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 2. Presentation and discussion of the Hotel/Motel Tax Recipients budgets by the Denton Convention and Visitors Bureau$ the Denton Historical Commission, the Denton Historical Museum, the Greater Denton Arts Council and the North Texas State Fair Association. Regular Meeting of the City of Denton City Council on Tuesday, July 20 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. 11 Pledge of Allegiance 2. Consider approval of the minutes of the Special Call session of June 8, 1993 and the Regular Session of June 15, 1993. I~~ i h t r/ 4gaed~No 4gendalla city of Denton City Council Agenda rolls' July 20, 1993 Page 2 3. Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning a 2.85 acre tract from the Planned Development No. 6 District to the Single Family -7 District on property located on the north side of Wilderness Drive, directly west of Colorado Blvd. (Woodrow Lane), Also known as Lots iR-13R, Block A, Replat of the Woodlands of Township II. Z93-017 (The Planning and zoning commission recommends approval 6-0.) t B. Hold a public hearing and consider adoption of an ordinance amending Planned Development No. 6 by approving j a detailed plan for .9132 acres, being part of Lot 7, I Block 1 of the Golden Triangle Addition. The site is located at the northwest corner of Loop 288 and Colorado Blvd. Z-93-014 (The Planning and Zoning Commission recommends approval 6-0,) C, Hold a public hearing and consider adoption of an ordinance amending the zoning regulations, Chapter 35 of the Code of ordinances relating to Planned Development districts by addition Section 35-158 providing fu: minor amendments to a detailed plan. (The Planning and Zoning Commission recommends approval 6-0 and the Zoning Ordinance Task Force recommends approval,) 4. Public Requests A. Consider a request for a noise exemption for Kahunas Deli and Grill at 110 N. Carroll Blvd. on Saturday, August 7, 1993 until midnight. B. Consider approval of a resolution closing the 100 blocks of Oak, Elm, Hickory and Loc+lst Streets from 6so0 a.m, until 600 p,m. on Saturday, October 2, 1993 for "County Seat Saturday". C. Consider adoption of an ordinance temporarily prohibiting parking on various streets around the North Texas State Fairgrounds from August 20-29, 1993. (The Citizens Traffic Safety Support commission recommends approval,) 1 agenda No r 3 ' agendaitem Date - 3 City of Denton City Council Agenda q rJ July 20, 1993 ✓ Page 3 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchases orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 6.A, 6.B, 6.C. 6.D). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Ordersi 1. Bid 01507 - Padmounted Transformers 2. Bid 01516 - Asbestos Removal-Denton Municipal complex 3. P.O. 035039 - EMCON/Baker-Shiflett 4. P.O. 035731 - Layne-Texas B. Tax Refund 1. Gretchen Nebner/Commonwealth Land Title - $606.35 6. ordinances 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 01507) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.2. - Bid 01516) C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equippment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.4. - P.O. 135731) kends Ne Apendaltem Oete__1.' City of Denton city council Agenda July 20, 1993 7 Page 4 D. Consider adoption of an ordinance authorizing the Mayor to execute an agreement with EMCON/Baker-Shiflett for professional services relating to geotechnical testing and Soil Liner Evaluation Report (SLER) at the Denton Landfill. (5.A.3. - P.O. 135039) E. Consider adoption of an ordinance authorizing the city Manager to execute an interlocal agreement with the Texas Department of Mental Health and Mental Retardation and the Denton State School to continue the use of property belonging to the Department and controlled by the School for a public park known as Briercliff Park. 7. Resolutions A. Consider approval of a resolution complying with the order for information by Region 6 of the United States Environmental Protection Agency, as contained in Docket No. VI-91-2641 (The Public Utilities Board recommends approval.) B. Consider approval of a resolution accepting a grant offer from the Federal Aviation Administration in the amount of $150,000 for the acquisition of property necessary for the expansion of the runway at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) a. Hold a discussion and consider approval of an annexation schedule regarding the proposed annexation of 23.25 acres located north of and abutting Ryan Road on Forrestridge Drive. 9. Staff Direction The following items are listed for staff directions A. Consider approval of a resolution nominating a member to the Board of Managers of the Denco 9-1-1 District. 10. Consider nominations and appointments to the City~s Boards and commissions, 11. Update on the "Vision for Denton - 21st Century Project" (Council Members Brock and Miller), 12, Miscellaneous matters from the City Manager. i w ►~ane4Noq 3~ City of Denton City Council Agenda ? July 200 1993 Sa J Page 5 13. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 14. New Business This item provides a section for Council Members to suggest items for future agendas. 15. Executive Sossinn: A. Legal Matters Under Sec. 2(a), Art. 6252-17 V.A.T. S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(y), Art. 6252-17 V.A.T.S. NOTEI THE CITY COUNCIL RESERVES THE RIrHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1993 at _o'clock (a.m.) CITY SECRETARY NOTEI THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX r,o THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THRO'',sH THE CITY SECRETARY'S OFFICE. ACC00131 CITY SCOUNCIL i y 4 ~roo a Y S a 'Fv J3 - OA (P Apenda Jof ~ CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 566.8100 MEMORANDUM DATE: July 14, 1993 TO, Lloyd V. Harrell, City Manager FROM: Harlan L. Jefferson, Director of Treasury Operations/. i SUBJECT: HOTEL/MOTEL TAX TREND AND PROJECTION While preparing to make our 1993-94 projection for hotel/motel tax revenue, we analyzed the historical trend. We discovered that between the fiscal year 1989-90 and fiscal year 1990-91, we experienced almost a seven (7%) percent increase in revenue and between the fiscal year 1990-•91 and 1991-92, we only experienced little more than one-half (1/2%) percent increase in revenue. During the first two quarters of the current fiscal year, our revenue increased substantially. Tha first quarter revenue increased by eleven point nine six (11.96%) percent compared to the previous fiscal year, and the second quarter increased by thirteen point eight two (13.82%) percent compared to the previous fiscal year. The revenue data by quarter for the previous four fiscal years is presented in the table below. HOTEL/MOTEL TAR PROJECTION 89190 90191 Chance 91192 Change 22193 Chang st Qtr 1 $ 92,629 $ 97,122 4.8502 $ 96,111 (1.041) $107,611 11.96 Qtr 2 850565 90,F23 5.7947 92,076 1.7152 104,806 13.82 Qtr 3 1030492 118,629 14.6262 1150078 (2.994) N/A N/A Qtr 4 105.340 107.703 2,2432 113.090 5,0021 --till-- -~1B TOTAL $3870026 $413,977 6.9636 $416,355 0.5743 $212,417 N/A I ~enGa No +aenoef( 1.v5 Memo to Lloyd V. Harrell kilt ? July 14, 1993 Page 2 While preparing our revenue estimates, we used some data provided by the Texas Association of. Convention and Visitor Bureaus. They informed us that most cities look at the big picture (current revenues, any new proper.tie;a or closures, future business, etc.) and increase their new budget by three (3t) to five (5t) percent. Their survey revealed that the average increase among cities was about three point two (3.2t) percent state wide. Because of the substantial increase in our revenue for the first two quarters, we projected our actual receipts for this year to be approximately six (0) percent above our budgeted figure (i.e., $420,000 budget and $435,000 estimate). We also projected an additional three (3t) percent increase above our estimate for next year (i.e., $4580000). If you have any questions or comments, please do not hesitate to contact me. w dr AFFOWNE to" No /012 AgenQa I NO M ■~gyy~l~~''yyyf'/~y~ 3 q ~j July 14, 1993 MEMORANDUM j TOt MAYOR, CITY COUNCIL AND CITY MANAGER j , FROMI CO ANN BALLANTINE REi BUDGET 1993-94 Please find the budget and documentation from the Denton Convention & Visitor Bureau as requested by the City of Denton. The attached materials includes Advisory Board List Activity Report Conventions List Tourism Workshop Report Marketing Plan I Budget The Bureau looks forward to making our f July 20. We want to tell you about the currentaprogram yeardand share our ideas for 1993-94. Thank you for your support. E s" i ) 4141AAKWAY R0. DAAWIA 1 D(NTON, TAUS 74202.1119 • (11?) 312.9195 MITAO 1214) 471.1221 ApendeHo. q -O <geaQalte Me DENTON CONVENTION & VISITORS BUREAU ADVISORY BOARD 1993-1994 Steve Woerner, Chairman Russell Bates Denton Regional Medical Center The Architectural Collection 4405 I-35 N P.O. Box 1985 Denton, TX 76207 Denton, TX 76202 566-4274 387-4881 James Roden Done Gumfory North Texas Fair Association Sonic Drive-In P.O. Box 1695 1725 W. University Dr. Denton, TX 76202 Donton, TX 76201 387-2632 565-6444 Tony Ferrara Herbert Holl Radisson Hotel Center for the Visual Arts 2211 I-35 North 207 S. Bell Denton, TX 76201 Denton, TX 76201 565-6499 382-2787 Norm Gamble Lucy Haverkamp Denton County Historical Museum Lucy Haverkamp Designs Box 2800 3328 Brooke St. Denton, TX 76202 Denton, TX 76201 383-8073 382.7337 Connie Hascher J.B. Litherland Golden Triangle Mall Pioneer Transfer of Denton 2201 I-35 g 3801 1-35 No Suite 210 Denton, TX 76205 Denton, TX 76201 566.6023 383-3144 Sherrie Etheredge Jane Bile* Denton Depot Main Street Program 1511 Melons 100 W. Oak, Euite 204 Denton, TX 76201 Denton, TX 76201 363.4006 566-8529 Jo Ann Ballantine Judy Hildebrand Convention & Visitors Bureau Texas Woman's University P.O. Drawer P P.O. Box 22305 Denton, TX 76202 Denton, TX 76204 382.7895 898.3640 6/93 I Kak tilf~ AgendaNo~ Agendalta DENTON CONVENTION & VISITOR BUREAU Date- r Q^ ACTIVITY REPORT FOR 1992-93 r / CHANGES IN HOTEL PROPERTIES: * Sheraton Hotel changed ownership and management; is now the Radisson Hotel. UNT golf course is undergoing renovation and will re-open in August as Eagle Point Golf Club, * Quality Inn changed management and has completed their renovations on basic rooms; still operate Fantasy Suites. LaQuinta Inn is now owned by corporate LaQuinta Inns and is currently undergoing renovations and has initiated a new image throughout the entire chain. CONVENTIONS/MEETINGS * Denton has been the site of numerous conventions, meetinga and corporate business. Attached is the list for all known meetings. Texas Special Olympics Summer Games: This event was held for the second year in Denton. More than 10,000 were involved in this program which was a huge success. The parents, athletes, volunteers and TSO staff all enjoyed their two yea: stint in Denton so much that they wanted to keep the games here. SPECIAL EVENTS * Texas Special Olympics Traveling Exhibit: This exhibit was parked at Golden Triangle Mall for the public to view an historical view of the 25 years of Special Olympics, it was sponsored by the International Special Olympics office and coordinated by the Bureau and Golden Triangle Mall, The Bureau participated in two events in Austin that were related to the legislature's biennium. The first was Denton County Day sponsored by the chambers of Commerce in this county and Unity Dinner sponsored by the Texas Travel Industry Association. * Two FAM tours (familiarization tours) were sponsored by the Dallas/Fort Worth Area Tourism Council, The Bureau, as a member, was included on two FAM tours which were held for travel writers last fall and media writers this spring, t Agenda No Ager, alts Dote * Peterbilt's relocation involved a large number of pe le and the Bureau was very much a part of this process. The staff organized large amounts of material on Denton to be provided to Peterbilt employees in California and played host during their visit to Texas. LOCAL EVENTS * Festival of Lights: The Bureau participates in this group to facilitate all the various activities related to the Christmas activities in Denton. + Denton Expo: The Bureau participated for the second year in this Chamber event. It was an opportunity to exhibit to the public about the Bureau, its purpose and the services it offers to residents. * Denton Arts Festival: The Bureau has been active in the arts festival for many years and continues to assist in the promotional efforts for this Qvent. * County Seat Saturday: Through its affiliation with the Denton Hotel/Motel Association, the Bureau continues to be involved with this day festival held on the square. In past years the association has sponsored a "bed race" as one of the more unusual events and the Bureau has carried on its winning tradition. TRAVEL SHOWS * Dan Dipezr: World Marketplace: The Bureau continues to -exhibit at. this Arlington show and was extremely successful in getting the word out on Denton to the Metroplex residents. Biggest interest outlet center. * Texas Travel Industry Association throws a travel fair for the tourism counselors of the Lone Star State. All bureaus, attractions, etc. are invited to attend. The Bureau has been active for more than ten years. It is a wonderful opportunity to update the counselors on the latest in one's city. * Texas Society of Association Executives: TSAE holds an annual convention each year for their executives and allows suppliers to exhibit at the show. The Bureau has been active with TSAE and this program for many years and continues to solicit business through this venue. it A9enW16V7 FILM BUSINESS * The Film Commission of North Texas is now the Dallas/ Fort Worth Regional Film Commission. It has moved from The Studios at Las Colinas to Irving. The commission is now a part of the Borth Texas Commission and is receiving support as a division of this agency. The Bureau continues its membership on behalf of Denton and is active on its board of directors. * Since 1986 six film projects and numerous commercials have come t) Denton. The only big business is the return of Chuck Norris to resume shooting for his TV series "Walker - Texas Ranger." Although scenes are shot around the Metroplex, the house scenes utilize the Cole home next to the Denton Municipal Airport. Scouting continues on other miscellaneous projects. However, the Bureau shows more locations than it books. PROJECTS * Denton County Amphitheatre Association: The Bureau has assisted this organization for several years in its quest to produce an outdoor historical drama. The project is going well. A second major fund-raiser is underway, new members have joined the board and the group has hired a part-time grant writer. This project can be an asset to the arts community and serve to stimulate the tourism industry as an attraction. * Tourism Workshop: This event was sponsored by the Bureau and Denton Main Street to discuss Denton's potential in the hospitality industry and to create a tourism plan. This workshop was designed by the Texas Department of Commerce Tourism Division for communities to join together in their tourism efforts. It was a tremendous success and a report is included in this packet. * Visitor Information Center: The visitor center is close to reality) A. space was provided by the Hunt Corporation, developer of the! Fxoosition Mills Denton Factory Stores. The Bureau is .'n the process of outfitting its space (located vnier the tall tower on the front of the new building) anti recruiting volunteers to serve as Denton's hosts to our visitors. Plans include asking the highway department to place exit signs on Interstate 35. This facility will help in servicing the needs of all visitors and providing an opportunity to create a longer stay. a AgWaNo. Ageniaitem 3 Date "7_-?C MATERIALS 9 * A new brochure was printed last fall and a copy is included in this packet. Both the restaurant guide and calendar were re-designed and a guide to Ray Roberts Lake was created. in addition, a pad map showing the universities and those items of interest to visitors was printed by the same map company that prints the Chamber map. This was a complimentary printing. Billboards promoting Denton are still under contract (Gainesville and Sanger). However, the bureau plans to change billboards. ORGANIZATIONS The Bureau is active in many local organizations: Dallas Fort Worth Regional Film Commission Dallas Fort Worth Association Executives Texas Society of Association Fxecutives Texas Association of Convention & Visitor Bureaus Texas Travel Irdus•try Association Texas Hotel/Motel Association Denton Hotel/Motel Association Denton County Amphitheatre Association Denton Festival Foundation Denton County Historical Museum Festival of Lights Committee Main Street Promotions Committee NEW TO DENTON * Three new entities have opened this year: Redbud inn new and only bed & breakfast in Denton Schoppaul Hiil Winery & Tasting Room Exposition Mills Denton Factory Stores outlet center A new event, Texas Hydrofest, was brought to Lewisville Lake and plans to return next year. This boat race can be a major event in the North Texas area resulting in greater economic in Denton County. budget\actrep 7/14/93 x Y A;;WaNo Conventions AgeodaIt - - We NAME OF CONVENTION R INTERNATIONAL ASSN. FOR GENERAL EDUCATION HIGH SCHOOL PIANO INSTITUTE HIGH SCOPE FOUNDATION NORTH TEXAS EX-LETTERMAN ASSN. WILDLIFE SOCIETY COMPASSIONATE FRIENDS TEXAS ACADEMY OF MATH & SCIENCES TEXAS ACADEMY OF MATH & SCIENCES ACCELERATOR CONFERENCE OF EDUCATORS PROFESSIONAL DEVELOPMENT INSTITUTE PROFESSIONAL DEVELOPMENT INSTITUTE PROFESSIONAL DEVELOPMENT INSTITUTE ANTIQUE FLY-IN ELDERHOSTEL RETREAT NATIONAL ASSOC. OF FEDERAL RETIRED EMPLOYEES TEXAS MUNICIPAL CLERK'S ASSN. TEXAS DEMOCRATIC CONVENTION PILLSBURY TWU ALUMNI GOLF TOURNAMENT UNT CIRCLE K CHAPTER AMERICAN'S PRAISESING TEXAS RUGBY UNION CHAMPIONSHIPS UNIVERSITY OF NORTH TEXAS RECRUITMENT TEXAS SPECIAL OLYMPICS SUMMER GAMES CHILDRENS CHORUS OF VICTORIA TEXAS WOMAN'S UNIVERSITY ALUMNI TEXAS WOMAN'S UNIVERSITY NORTH & EAST TEXAS PRESS ASSN. CHILDREN OF DAUGHTERS OF THE REPUBLIC OF TEXAS ROAST FOR REP. HORN & SENATOR GLASGOW TEXAS HEALTH ENTERPRISES TEXAS HEALTH ENTERPRISES PROFESSIONAL DEVELOPMENT INSTITUTE HEREDITY GUILD OF COLLIN COUNTY AMERICAN LEGION & AUXILIARY SOUTHWEST PLACEMENT SHOWCASE THE 21st CENTURY HISPANIC: ARE WE EDUCATING FOR THE FUTURE CHRISTIAN SCIENCE CHURCH - YOUTH CONFERENCE DEPT. OF HOUSING AFFAIRS AMERICAN DOG BREEDERS ASSN. UNT INTERNSIVE ENGLISH LANGUAGE INSTITUTE 1992 SOUTHWEST CUNA MANAGEMENT SCHOOL DEN..ON INDEPENDENT SCHOOL DISTICT MAINE ANJOU NATIONAL JR. HEIFER SHOW STUDY OF WORK TEAM LILY GARDEN CLUB INTER CONFERENCE INFORMATION SYSTEM PARKS & RECREATION TENNIS TOURNAMENT SOUTHWEST CUNA MAGNA SCHOOL CENTER FOR REHABILITATION STUDIES MUSIC TEACHERS CONFERENCE NORTH TEXAS STORYTELLING ASSN. Benda No. Conventions Agend It ' -NAME OF CONVENTION We - ! O CENTRAL SW REG. CONF ON HIV-AIDS ENVIRONMENTAL ETHICS CURRICULA TEXAS CREDIT UNION LEAGUE CONF. SUMMER PLAY THERAPY INSTITUTE GRAND GOSPEL BIONIC WEER TEXAS FOOD AND FIBER; COMMISSION SHOWTIME DANCE/DRILL TEAM CAMP CINDERELLA SCHOLARSHIP PAGEANT JOSTENS' YEARBOOK CONFERENCE AMERICAN FIELD SERVICE SPRINGTOWN HIGH SCHOOL BAND ANNUAL CAMP AMERICAN COMMUNITY CORRECTIONS INSTITUTE TEXAS STUDENT DIETITIC ASSN. CHRISTIAN SCIENCE YOUTH CONFERENCE BRAIN FUNCTION & LEARNING ROYAL ORDFR OF JESTERS NUTRITION & FOOD SERVICE - DENTON STATE SCHOOL CARRO:LTON FIRST METHODIST CHURCH RETREAT NORTH *EXAS ACADEMY OF MATH & SCIENCE METROPLEX UNIVERSITIES LISZT FESTIVAL TEXAS MUNICIPAL CLERKS CERTIFICATION NORTH TEXAS MAIN STREET INTERNATIONAL ASSN. SOCIETY POPULAR MUSICANS UNT MATH CONFERENCE BANDS OF AMERICA NORTH TEXAF GENETIC SCREENING INTERNATIONAL CHILD DEVELOPMENT 3ROUP PIONEER PEDAL DENTON STATE SCHOOL AMERICAN ASSN. FOR THE CHILDS RIGHTS TO PLAY DENTON COUNTY ECONOMIC DEVELOPMENT DAY UNT GOLF TOURNAMENT INTERNATIONAL MINISTRIES CONFERENCE U3 DEPARTMENT OF LABOR 1992 BRAIN FUNCTION & LEARNING CONF. UIL CONF. STUDENT ACTIVITIES - SUPER CONF. TURBO TRAINING KAPPA ALPHA CHI ACCELERATORS CONFERENCE - PHYSCIS DARE OFFICERS TRAINING FLATWOOD BAPTIST COUDLES RETREAT READING RECOVERY CONFERENCE TEXAS HEALTH ENTERPRISES SOUTHWEST ASSN. OF COLLEGE & UNIVERISTIY RESIDENCE HALL FIR9^ METHODIST CHURCH STAFF RETREAT GOLDEN TRIANGLE DOG OBEDIENT TRAINING CHILDRENS LIT. IN THE CURRICULUM CONF. SW ASSN. OF GEOGRAPHERS CONF. PLAY THERAPY CONFERENCE THE TEACHING OF HISTORY CONF. AGends No. Conventions AnAmhIfem -3 Date _2- NAME OF CONVENTION - IIQ FAMILY THERAPY: THE SATIR MODEL ASSISTANT PRINCIPALS CONFERENCE TEXAS ALL STATE CHOIR WORKSHOP CHURCH MUSICIANS WORKSHOP NORTH TEXAS COUNSELING CONFERENCE BILINGUAL SPRING CONFERENCE PARENT EDUCATION CONFERENCE FELLOWSHIP OF CHRISTIAN ATHLETES TEXAS CREDIT UNION LEAGUE TRAINING THE TEACHING OF HISTORY CONFERENCE SOUTH C. RENAISSANCE CONFERENCE HILLCREST REUNION INTERNATIONAL ASSN. FOR PLAY THERAPY INTERNATIONAL ASSN. FOR PLAY THERAPY 'T'EXAS STORYTELLING FESTIVAL PDI - SCC - AAAE SPRING WEATFERTROL SUPPLY CO. TURBO DISTRIBUTORS HEA ADMINISTRATORS PETERBILT IRS CAS PHASE 2, CLASS 2 GOOD SAMARITAN SOCIETY CECCHETTI COUNCIL UNT TEXAS ACADEMY OF SCEINCES CITY OF DENTON PERSONNEL DEPT. ENGLISH AS A SECOND LANGUAGE SPRING CONF. UNT REHABILITATION-LONG TERM TRAINING BEAM CONFERENCE ASSN. OF OPERATIVE MILLERS NEDERLAND WF.STERNAIRES DRILL TEAM BUDS WAREHOUSE UNT COLLEGE OF MUSIC PAC THE NEW HISPANIC AGENDA: CON GANAS FRY STREET FAIR DENTON ARTS FESTIVAL SALLY BEAUTY TWU - ALUMNAE ASSOC. UNT PUBLIC SCHOOL INTERCOLLEGAITE CO. UNT CCECM UIL LIFE TABERNACLE SULPHER SPRINGS UNT -PARENT CONFERENCE SULPHER SPRINGS MOUNT PLEASANT HEIGHTS WAXAHACHIE HIGH WILMA HUTCHINS HIGH SCHOOL CEDAR HILL HIGH SYMPOSIUM ON INFORMATICS DENTON KENNEL CLUB, INC. AMNESTY INTERNATIONAL RN REFRESHER COURSE AgandaNo. tem Conventions Agenda I r W NAME OF CONVENTION X19 r DENTAL HYGIENE ERGONOMICS SESSION A PET FACILIATED THERAPY ERGONOMICS SESSION B A CULINARY WORKSHOP FALL FORUM STEP TEEN FOR COUNSELORS UNDERSTANDING HEALTH CARE POLICY TURNING ASSESSMENT UPSIDE DOWN & INSIDE OUT FAMILY MEDIATION SPRING LIBRARY COURSE'S TEXT, LIES, AND VIDEO TAPE 9TH ANNUAL FUNDRAISING SYMPOSIUM PRODUCTION MANAGMENT INSTITUTE THE ROLE OF LITERATURE IN THE ELEMENTARY CLASSROOM FAMILY MEDIATION LIBRARY INTERSESSION ADD CLASS TEXAS ACADEMY OF SCIENCE UNT BI-LINGUAL CONFERENCE CONFERENCE ON METROPOLITIAN UNIVERSITIES CANADIAN HEALTH CARE COMPENSATION & REWARDS OF SELF MOUNT CALVARY BAPTIST CHURCH AMERICAN LEGION ORATOPICAL MUNICIPAL CLERKS FEMA BIO-SYSTHESIS WORKSHOP HEA MANAGEMENT GROUPS INC TEXAS WP,AM JOSTPROCAMS TEXAS SPECIAL OLYMPICS SMEARY PETE'S TEXAS HYDROFEST TEXAS ULTRALIGHTS WOMEN HISTORIANS IN TEXAS ANTIQUE FLY-IN FRED DOUGLAS/FRED MOORS REUNION TEXAS ALLIGENCE OF PARALEGALS QUALITATIVE RESEARCH NATIONAL BAPTIST CONV. OF AMERICAN FENDERS MUSIC TEXAS AGRICULTURE EXTENSION SVC CENTER FOR STUDY OF WORK TEAMS FASHION SYMPOSIUM NATIONAL FIRE PROTECTION ASSN. DOBBINS REUNION SOROITY RUSH LEVEL RENION UNT PLAY THERAPY SALLY BEAUTY SUPPLY CO. MONA MIRE BURCH REUNION PRESBYTERIAN SYNOPOSIUM d ~gend[ko. Conventions 4gend It kte ---"-NAME OF CONVENTION f9 ~3c f9 EASTERLING REUNION JOSTENS UNT ECHO TECHNOLOGY DENTON HIGH SCHOOL JUOURNALISM ROWLETT CHURCH SHULTZ RETIREMENT UNT PANHELLENIC RETROUVAILLE HIPPO THERAPY SOUTHWEST MISSOURI UNT LIBRARY OF INFORMATION WEST TEXAS STATE UNIVERSITY TURBO REFRIGERATIC PHI BETA SIGMA STEPHEN F. AUSTIN TWU PARENT WEEKEND WILLIE REUNION READING RECOVERY NORTHWESTERN STATE EMPORIA STATE TWU CONFERENCES MIKE MURDOCK WEST TEXAS STATE NICHOLLS STATE UNIVERSITY MIKE MURDOCX KINCAID TRAVEL TEXAS STORYTELLING FESTIVAL PMI-TWU CONT. ED. TWU HOMECOMING TEXAS NORCOTICS BIOSYNTHESIS FREDERICK REUNION POCO GRAPHITE WESTLACO HIGH -TSO DONNA ISD CONROE ISD - TSO COLUMBIA HIGH SCHOOL - TSO ARLINGTON - TSO BELTON BLAZERS - TSO CLIFTON CENTER - TSO CITY OF SAN ANTONIO-TSO CRUSADER COACH UNT EMBROENCY MANAGEMENT SATEC RETROUVAILLE TEXAS ELECTRIC CO-OP ANTIQUE AIRPLANES TEXAS STATE TWIRLERS TEXAS ELECTRIC CO-OP RETROUVAILLE TEXAS CREDIT UNION LEAGUE DENTON HIGH SCHOOL 63 REUNION s aVrtdaNo. Conventions Ager O Item Date I t ' J ---NAME OF CONVENTION ^I1,~ ` MCCLENDON/ADRIN3 WEDDING JOY OF SINGING TEXAS REHABILITATION COMMISSION REVLON DENTON HIGH SCHOOL REUNION 173 AMNESTY INTERAATIONAL THERMAL DYNAMICS MANN TWIRLERS DENTON HIGH SCHOOL REUNION 183 TEXAS CHAPTER OF ANTIQUE AIRPLANE FLYERS COUGHRAN/PERKISON WEDDING SALSMAN/HUDSON WEDDING CENTER FOR WORK TEAM RHINES/PARTEN WEDDING VICTOR EQUIPMENT TURBOTORCH UNT REHABILATION TEXAS HYDROFEST IRS CAS PHASE 3 CLASS 2 BASIS INTERNATIONAL VICTOR REPAIR SEMINAR TEXAS SPECIAL OLYMPICS REGUNBERG GRADUATION TURBO REFRIGERATION SALLY BEAUTY SALES #2 HELENE CURTIS CO. JOLLY ROGERS FIGHTER. SQUP.D 17 ENNIS HIGH SCHOOL TRACK PALESTINE ISD TRACK UNT UIL SPRING GROUP 3 HEIM/SIPP WEDDING TECH. COMMITTEE ON FIRE SERVICE TRAINING CATHOLIC DIOCESE PALESTINE ISD GOLF UIL SPRING GROUP 2 UIL GOLF TOURNAMENT FIRST BAPTIST WOMENS RETREAT SULPHUR SPRINGS HIGH SCHOOL - UIL UNT UIL GROUP I AMERICAN JAIL ASSOCIATION AMERICAN LEGION VICTOR EQUIPMENT CCECM PARENT EDUCATION CONFERENCE TWU 153 REUNION LOPEVELLMAN WEDDING SAFETY KLEEN TEXAS WOMAN'S UNIVEPSTIY HOMECOMING CCECM SELF MANAGER WORK TEAMS TEXAS MUNICIPAL CLERKS PDI-CPA SPRING REVIEW PETERBVILT SALES MEETING FEMA TETRA PAR +Qenda No Conventions 4gendaltem NAME OF CONVENTION - - - - - klfe I _ METROPOLITAN UNIVERSITY CONFERENCE I agenda No Agendaltem~ TOURISM WORKSHOP We r 1 J y_ (1rj SPONSORED BY DENTON CONVENTION & VISITOR BUREAU !R7 Q'f y AND DENTON MAIN STREET June 3 and June 1B, 1993 PURPOSE: on theenecessary tstrategies ttondevel p tourism. ATTENDEES: Fifty interested people from the community who are enthusiastic about developing tourism, RESULTS: A mission statement, goals and objectives were written and the Bureau is currently soliciting advice from all the participants about creating a tourism committee to implementation a plan. More work must be done on the details of this outline. Some objectives were not completed. The following is only the first step. MISSION STATEMENT The mission of the Denton area tourism effort is to cooperatively develop tourism as an industry by attracting visitors, promoting Culture and entertainment and encouraging economic activity in the Denton area. GOAL ONE (Where are. we going?) To ma,-. 75V of the Denton area aware of the mission of the Denton area tourism effort. Objectives (How are we going to get there?) Use slogan on every business' stationery and envelopes. I i I I ",',a No 40w Ile GOAL TWO Rte _ To increase the hotel/motel tax revenue by s% ($20,000). Objectives Utilize all UNT hotel/restaurant management majors. GOAL THREE To increase the sales tax revenue in the Denton area by 155. Objectives GOAL FOUR To identify potential groups/meetings/events and schedule of these for tourism visit to the Denton area. Objectives GOAL FIVE To identify and use the 5 best and most cost-effective promotional techniques that can be co-oped with businesses/organizations in the Denton area to assure the best use of each promotional dollar. Objectives All stores on the square should be open by 10 a.m. GOAL SIX Develop a Denton area "friendly" attitude toward ALL visitors and residents among EVERY business and resident in the Denton area. objectives Have "Secret Shoppers,, leave cards behind. 'Smiling for Dollars" contest. Pick top businesses each month and recognize in the newspaper and in other ways (levels of businesses). Choose a "Best Smiler" for all twelve months of the year. Have sign-up boxes in every business and computer tab names for direct marketing use. I I I ~pende No. Q Agendaltem GOAL DEVEN ate 116109y Develop between 6-12 different ways to get ALL organizations, businesses and people to cooperate in this expanded tourism effort. objectives Give ALL "Opinion Leader" visitors regular information to help bring other groups and individuals to the area. Tie in this tourien plan with the City's Denton Vision 2000 program. Develop a one-on-one contact program for all civic and service clubs and all persons new to the community. Develop a monthly newsletter and other methods (banners, etc.) to inform everyone of the most recent tourism highlights. Develop monthly information blips to be announced at all civic and service clubs and in church newsletters. Develop 1-6 exhibit formats so that general tourism informa- tion or places (example: courthouse square, museum or visitor center) can be displayed either weekly or monthly in central locations (banks/hotels/shopping centers). Develop ads and information to explain these activities. Develop tourism packets to send to travel agencies and other appropriate organizations. Place maps and other tourism information (restaurant guides, etc.) in the hands of new UNT and TWU students each semester. GOAL BIGHT Develop 6-12 different ways to get between 25-50 regular workers to help implement this expanded tourism effort. objectives Actively seek the help of ALL UNT hotel/restaurant management students to do hours of tourism work for the Denton area. Enlarge the Bureau's Advisory Board and develop sub-groups within the Board to work in individual areas of the tourism effort. Develop an alliance with service organizations and get each member to contribute the majority of his or her hours of mandatory volunteer service to this tourism effort. Hold an orientation for ALL of the above appropriate groups to orient them to the work they will be expected to do to support this tourism effort. organize and implement a speakers bureau. Organize and coordinate a volunteers group. Organize and implement an area-wide contest to select a slogan for the Denton area tourism effort and have appropriate prizes for the best slogans. tCUS'/tJC~Yp,1 4ep:- -VendAgeod Gate DENTON CONVENTION 6 VISITOR BUREAU MARKETING PLAN 1993-94 I. ;ntroduotion The primary mission of a convention 6 visitor bureau ise to sell its city In making a community a more dynamic meeting place, a bureau creates the needed environment to bring in convention and visitor business. Successful bureaus operate through a coordinated group action rather than through independent individual actions. Therefore, a bureau serves as a cooprative representing all components e of the visitor industry including hotels, motels, restaurants, convention facilities tour operators, attractions, and transportation carriers as well as the retail and commercial resources that are important to eam visitors. All of the businesses crearm forwthe the bureau acting as the marketing/promotional hospitality industry. The specific programs of the Denton convention 6 Visitor Bureau (DCVB) are. convention Promotion Tourism Promotion Film Commission Administration II. The Bureau The DCVB is 17 years old. It was initiated in 1976 by this the Denton Chamber of commerce Thand ere ems ins munder embership agency as an operating u from the structure within the DCVB so all funding comes occupancyy tax disbursement by the City of Denton. This is unique in that all remaining occupancy tax recipients receive other monies. The occupancy tax rate in Denton is 13%. six percent is sent to the State of Texas for their ganeral fund. Note that only one-half of one percent of the six percent state occupancy tax is sent to the state's tourism department. Texas law pvohibits the state tourism office from using the money for advertising irithin the state's boundaries. +~endlNo agzndalt Oete aQe is i as followseveral The agencies remaining within Dentonn The breakdowdistributed Denton Chamber of Commerce (for the 40.71 Convention & Visitors Bureau) 28 Greater Denton Arts Council 1144 ..57 North Texas Fair Association .94 Denton County Historical Museum 11 Denton County Historical Foundation 1.62 City of Denton (for Civic Center) 117.00 The DCVB operates via an.agreement between the City of in the form Denton of a signedr contract rand baThis sed agreement mthe is Denton Texas a d occupancy tax to promote revenue from its Smunicipal which hotel "authorizes tourism and the convention and hotel industry by oivertising and conducting solicitations and promotional reggistrants to the municipalitynor cits vicinity;legates or III. Mission Statement and Plan Background Mission Statement The Denton Convention t Visitor Bureau exists for the purpose of soliciting conventions, tour groups, visitors and film occupancy inr the hotel/motel propertieDenton to increase IV. Participants in Plan Dovelopment The DCVB reports to the Chamber's Board of Directors with the use of an Advisory Board for assistance. This board has representation by other occupancy tax recipients plus a variety of other Chamber members. The DCVB did not utilize a working committee to develop this marketing plan. However, the A roach to Board is taking more interest and a hands-on app the Bureau's program. At present a tourism workshophis has been provided to the community and will wrap up tt From this workshop numerous ideas and plans have developed It is k on the to further that a t working committee industry will evolve Dto wor hoped a list interim, eaopportunities. heloped In the of e short-term long- the Bur term plans for Denton. -2- Agenda No Agend tem Late V. situation Analysis Customers: (1 convention attendees (2 tour bus travelers (3 visitors (4) film and television produers Convention attendees require a competitive hotel room rate but they want to attend their meeting in a convenient, fun, and accommodating environment. Tour bus travelers want to see new and different places, stay in ^omfortable lodging and eat at good restaurants. Visitors want easy access to the city, good lodging rates, affordable restaurants, and things to see and do. Film and television producers want "perfect" locations, good costs related to their project and be in close proximity to Dallas. Denton has the ability to serve all four of these publics. However, there are strengths and weaknesses in all areas. The DCVB has competitors and they are everywhere. They are other small towns, other cities in Texas, various regions in Texas, and the DFW Metroplex. VI. The industry in Denton The occupancy tax for the DCVB has increased from approximately $22,000 in 1976 to $179,645 in 1992. Since 1985, several facilities have developed. The Sheraton Hotel & Conference Center was built at the University of North Texas. Both the Royal Hotel Suites and the Delux inn were built and the Holiday Inn went through a major renovation. More recent changes include the franchise change of the Sheraton to the Radisson Hotel, an upgrade of the Radisson's golf course, a franchise designation for the Auburn Inn changing the property to a Quality Inn and a resumption of corporate ownership at the LaQuinta Inn. The LaQuinta chain has developed a new logo and look and is currently making changes to the Denton property. Along with those changes, the DCVB is pleased that Denton has finally opened its only bed & breakfast The Redbud Inn. -3- i 7~ ~en0a r~o ~tren~~tem~~ gtr X20 9 ~ Since 1985 several major chain restaurants have opened in Denton The Black-Eyed Pea, Chili's, and Red Lobster. In the last month two popular chain restaurants have opened for business Cracker Barrel and Good Eats. Also, many new local restaurants have opened. This brings Denton's total of restaurants to approximately 135. Reasons for growth: Denton is north of Dallas and Fort Worth on interstate Highway 35 and located in a centrally-travelled area of North Texas. This highway also runs through the middle of the United States connecting Laredo to the tip of Canada. It is also home to two major state universities with a total student population of 320000. There are more than 60 manufacturing businesses in Denton with opportunity for growth. Also, many people live in Denton and its surrounding community for the quality of life. However, their work may take them into the Metroplex each day. Texas' economy has declined over the past few years. The oil industry failed and like many states, the government is trying to shore up their revenues to take care of its many needs. Although the newly- instituted lottery is now operating, it is too new to determin- if this "money pot" will bring the state out of its economic woes. One revenue idea that has been legalized and will be an advantage to tourism is horse racing. The state was demanding a high percentage so development was slow. However, the state has changed this percentage from 5% to It so the future looks much better. Denton County has been zoned by the state for racetrack development. The only operating track in the area is located west of Fort worth Trinity Meadows. A new first-class horse track has begun construction in Grand Prairie. It wall be the Lone Star Jockey Club. Horse racing could bi extremely beneficial to Texas and the tourism business. Texans have been taking their money to Louisiana, Oklahoma and New Mexico. It is anticipated that Denton Coursty will once again be known as "horse country" by supplying the horse industry especially in the racing area. VII. Visitor Analysis Denton does not have a system in place to calculate specific information about visitors. However, some figures are available through the Chamber on inquiries via telephone, walk-ins and mail. The planned Visitor Center may develop statistics on visitorn. -4- i Venda No 1 ~ 4gend [late conductedstandard The Texas Auto Visitor rssurvey It hhasbeenbeen research tool for many yea the Texas Transportation Department. However$ the departmet is information from studying its iother methods to elicit travel i Vill. Goals one Year Plan 1993-94 To increase hotel occupancy by 5% for calendar year 1993-94. Den to nrinruiting To revenues ialsmillion one movie and two comm 1993-94. Ix. Objectives for 1993-94 SHORT-TERM AND LANG-TERM 1. To market Denton as a meetings destination groups o and industry poTexas tential association organizationsl other the a. Sales calls to associations/meeting planners b. Two sales blitzes per year - Austin and DFW c. Utilize TNET to locate potential groups for Denton a to bid on same d. Promote area dude ranches for groups 2. mofkstate n visitorsw and outlet North center Texasto the out residents. a. Co-op advertising with center b. Work together on promotions c. Operate a Visitors Center in center 3. Establiha Visitors Center in Denton for visitors and residents. a. Locate one or more locations b. Create a volunteer work corps 4. Concentrate efforts on obtaining editorial and publicity -5- Loa_#~ Oe,e ~ off' 97 stop for 5. the market motorcoach tour market. a. Direct mail b. personal visits to tour, operators c. Work needs with oflocal people to educate them tour groups 6. To train 50% of all service personnel in Denton's hospitality industry (hotels, restaurants, retail businesses, etc.) a. Use the Texas Hospitality Seminar model developed by the Texas Department of Commerce 7. eTo arket speciallyDemphasizingpthessitearineDenton eand the recreational activities at Lake Ray Roberts. ye b. Join other coxoperativergroupshtospromotacity 8. assist in of an amphitheatre drama. for outdoor historical a. continue serving as anchor agency as association progresses. The DCVB provide the necessary support this group becomes independent. 9. tourismassismarkett and fExamhplescowautofrace- course, possible horsetrack facilities, and subsequent new hotel properties. a. Facilitate these possible businesses by serving as a pro-active resource and also keep the community informed and ready 10• aTo market vailable facilitiesainethercitycof Dthrou enton. all a. Develop a plan with the universities and other community facilities to recruit all types and sizes of concerts to Denton b. Direct m3il c. Personal contact d. Special event -5- Agenda No. Agend em DfltB 5a Q~ 11. To assist in the promotion of the s torts activities at the University of North Texas and Texas Woman's University. a. Direct a sports committee to research and solicit all events that could be brought to the sports facilities in Denton b, Support the football and basketball programs by purchasing season tickets (with Economic Development) to use for hosting meeting planners c. Interact with the athletic departments and the local hospitality businesses to create special packages and incentives to increase attendance at games and spports functions; increase parti- cipation by Metroplex alumni 12. To provide expertise to the Denton Municipal Airport for the promotion of Denton to air travelers. a. Brochure racks and volunteers on hand when necessary b. Develop an airport au port committee for the purpose of marketing the aimcrt 13. To assist in the development of key Denton buildVDentornld'sereputationnandiattract to visitors. a, boDCVB ards and committees tQ provide should serve on all necessary and promotional support if possible. Examples include: Denton Arts Festival, County Seat Saturdayy, Festival of Lights, and Texas Storytelliry Festival 14. faiilihourstate ihoursaandathe cin t lubhmembershiparule. a. implement a plan with local club and in restaurant desires owners and city affect council change stand voters The DCVB understands that limitations of time, staff and money may affect the goals. However, these ideas can be accomplished. All need a cooperative effort by all those entities that effect the hospitality industry in Denton. -7- ,genda No Denton Convention & Visitor Bureau 40e10M Budget for 1993-94 W1 -am -Q.3 Prepared for Denton City Council a60 ?i Income: Occupancy Tax 187,560.00 Occupancy Tax Reserve Fund 46,014,00 233,574,00 1991.92 1992-93 199394 lctual Current Proposed ADMINISTRATION Salarias 81,02115 88,824.00 87,040.00 Payroll Taxes 8,812.81 6,864,00 6,700,00 Insurance 6,350.57 4,925,00 6,970.00 RetiremenVCarAllowance 2,096.69 2,000,00 820000 Training 3,949,93 3,000.00 2,000,00 Equipment 8,336.72 3,200.00 2,700.00 Supplies 649.75 600.00 600.00 Telephone 4,074.42 6,000,00 4,60000 Audit 900.00 1,00000 1,000.00 Printing 197.10 4,000,00 3,000.00 Postage 1,14413 600.00 2,000.00 CONVENTION PROMOTION SolicilatioNTravel 2,621,19 12,000.00 10,000,00 Convention Services 69500 3,60000 2,000,00 Advertising 0.00 1,200.00 5,000,00 Promotional Events 10,700.00 2,000.00 11000.00 Promotional Material 3,89421 0.00 0,00 Trade Shows 1,597.52 1,000,00 1,500.00 Membershlps/Subscriptiona 1,027.00 1,400,00 1,600.00 90,00 TOURISM PROMOTION Travel/Special Projects 176.69 1,200.00 1,600.00 Tourism Services 802.65 1,500.00 3,500.00 Advertising 5,187.89 22,000.00 18,600.00 Promo. EventstTrade Shows 726,46 8,000,00 5,500.00 Promotional Material (VIC) 7,439.19 7,000,00 38,700.00 Memberships/Subscriptions 325.00 1,000.00 1,200,00 Film Com. of North Texas 3,233.12 3,550.00 3,250,00 Brochures 2,250,00 Visitor Information Center: 0,00 Part-time Staff 7,264.00 Insurance 78000 Utilities 3,300.00 Start-up Cast (one time) 6,00000 TOTAL DISBURSEMENTS $1® 16441101s 233~514~000 agendaNo Agod Item race' a~fg'r FAR SID! By Gary Larson AArt- 0 0 o , "Wa 0 "As you Cart on, most of tMw tMnp>t rxa Wdvabbl* but kwp your ayw POW for armadillo w wall.... We're about pw mibs now from tM dead dW." This is just one new tourism Idea considered at the Tourism workshop..... I I MEMBERS MEMBERS TEXAS CAC OF AMEPICAN INSTITM OF CERTIFIED PUBLIC ACCOUNT? NT5 CERTIFIED PUB11C ACCOUNTANTS HANKINS, POWERS, EASTUP, DEATON & TONN A Professlonef Corporation CERTIFIEO PUBLIC ACCOUNTANTS n 902 NORTH LOCUST + RID, BOX 977 aQende No, of DENTON,TEXAS 7B202-0911 .Q ai1.387-8593 ~gendaii Oaia - O INDEPENDENT AUDITORS' REPORT o~o O J 1 Board of Directors Denton Chamber of Commerce We have audited the accompanying statements of cash receipts and 1 disbursements of the Denton Chamber of Commerce for the year ended March 31, 1992. These statements of cash receipts and disbursements are the responsibility of the Chamber's management. Our responsibility is to express an opinion on 11 these statements of cash receipts and disbursements based on our audit. 1 We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether she statements of cash receipts and disbursements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the statements. An audit also includes assessing the accounting principles used and Significant estimates made by management, as well as evaluating the overall statement of cash receipts and disbursements presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note A, the Chamber's policy is to prepare its operating statements on the basis of cash receipts and disbursements. This basis is a comprehensive basis of accounting other than generally accepted accounting principles. In our opinion, the accompanying statements present fairly, in all material 1 respects, the recorded cash receipts and disbursements of the Denton Chamber of Commerce for the year ended March 31, 1992, on the basis of accounting described in Note A. Hankins, Powers, Eastup, Deaton 3 Tonn A Professional Corporation aa Certified Public Accountants 1 August 24, 1992 DENTON CHAMBER OF COMMERCE S hedule C CONVENTION/VISITORS BUREAU ACCOUNT Agenda No STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS FOR THE YEAR ENDED MARCH 31, 1992 Agend Ite t'j 07A n Cash at April 1, 1991: Bank One - Denton - Checking f 30,397 j Treasury Bill 57,901 North Texas Savings 6 loan - C.D. 10,000 Petty Cash 50 $ 989348 Add Receipts: City of Denton - Occupancy tax 179,304 Interest (Note 8) 6,084 Total Receipts 185,388 ' Deduct Disbursements: Salaries 77,064 Auto expense 1,934 Taxes 6,104 Insurance 61297 Training and travel 3,373 Equipment lease, supplies and maintenance 8,510 Office supplies 928 Telephone 49500 Professional fees 900 Printing 236 Postage 19409 Convention promotion 11,464 Tourism promotion 14,312 Film commission 31618 Equipment purchase 946 Total Disbursements 141 9 Excess Receipts over Disbursements 43.791 1 Cash at March 31, 1992: Bank One - Denton - Checking 31,277 North Texas Savings d loan - C.D.'s 110,762 Petty Cash 100 14{ 2.139 1 The accompanying notes are an integral part of this statement. -6- CITY COUNCIL `4~ Hro • o ~~~JQO4000~ ~gendaNo ` ~geodaft DENTON COUNTY lIiSTORICAI, FOUNDA'HOMIfING.SOOP P. 0. Boa 2184 '7 Denton, Texas 76202 I + i , DE N10H rp,, , rv COVA TWUS E IV~Lt ~EO6 July '14, 1993 TO: Mayor Bob Castleberry Council Members E. Brock, M. Chow, J, Cott, J. Miller, H. Perry, M. Smith, REF; Ho!ef/Motel Tax Budget Denton County Historical Foundation, Inc. The Denton County Historical Foundation is pleased to present our proposed annual budget to the City of Denton for the Laylor FunJs, The funding received by the DCHF, Inc. Is the smallest amount distributed among the many groups. However, its use produces very tangible results in historical preservation support for the citizens of Denton. Historical preservation by its very nature is a continuing process and this is particularly evident when a project must be researched, documented, presented to the proper state or local authorities and then becomes a reality. Often this takes more than twelve months. Because of this, our funds are dedicated to specific projects and can not be spent for other projects. Denton County Historical Commission publications such as historical cemetary maps, historical bridge locations, brochures of historical markers and other materials must be updated almost annually. This year the Historical Commission has been pleased to send several applications for additional historical markers to the State of Texas. The First Christian Church, (old Tobin Drug bldg,,) 120 W. Oak, I.O.O.F. Cemetery are some of the applications pending. The cost of dedications for these must be designated also. We expect to continue to provide a leadership role In the preservation of Denton and Denton County. Our membership has Increased as have our projects. We appreciate the support provided by the C€ty of Denton and welcome any questions you may have about our operations. Sincerely, ,yam'/f Myourrlela~llu~f Chairman, Denton County Historical Foundation, Inc, ' +geadaMo 4geada tern DENTON COUNTY 111STORICAL FOUNDATIOR.1112eo W P. 0. Box 2184 a ~O ~Q I Denton, Texas 76202 1 CC%TON COUNTY COURTHOUSE BAT IBM July 14, 1993 y Harlan Jefferson City of Denton Denton, Texas Dear Harlan: The Denton County Historical Foundation, Inc, is in the process of making the following changes. The annual audit has been based on a calender year and will this next year be completed based on the fiscal year of the City of Denton. The annual budget for th; IHF, Inc will reflect these changes also, T these he DCHF, Inc. shows several accounts with balances and spe, these moniestarerfromlothercsourcesris 2.,Lf14W purposes and f I00F CEMETERY FUND, FIRE TRUCK FUND, AR MEMORIAL, T he DCHF,Inc Fund balance at the beginning of the year contained HistoricaldMarkertcostsncanfnotlbegspterm ent until projects. the State of Texas approves the application for the local historical markers, has the marker cast and delivered. As several applications are in Austin. the monies (150.00 each) must be kept by the DCHF, Inc. Another item with a balance is the publication of materials. Dedicated funds from past years total 3900.00. These monies will be spent as the projects are completed. The DCHF,Inc has almost depleted its line item monies for this year. Because the audit is for the calendar year and the funds are for the fiscal year, this has been confusing to some. The DCHF,Inc is now using the firm of Hankins, Powers, Eaton etc. for accounting and under their able direction, we are computerizing the Laylor Budget, mid-year, training the Administrative Aide to do this work and expect to have this complete soon. As you know, the County of Denton furnishes the offices, LayloreFunds are used ~ford proother jects in-kind to i benefit the citizens of Denton. .If we can answer any questions, please contact me. inc r~i , N a Ly *011 e - Agenda% Agendailem D.FNTON_soUI~LY~i.I;rT481s~1L1r.0~lliit83~~~e' I Q 1 (DCIIC Operatons Budget) / Line item Budget - 1991 - 94 EXPENSES 91-W 92-93 93-94 1.01 Slides and Photographs........ M-00. AW.QQ . .$500.00 The slides and photographs, both color and black and white, will be generated at the marker dedi- cations; at historical preservation events in the City of Denton; at functions in the Courthouse and the Museum; at all historical Celebrations and Events in cities and towns throughout the County. The Commission is responsible for recording all events dealing with historical appreciation and historical preservation. 1.02 Archives and Reference idbraryMI-JoA...$)N..go ...$100.00 As part of the requirements for the historical commission to earn a Texas historical commission Distinguished Service Award in the field of. Museum Assistance, three textbook quality books must be donated to the Museum library. 2.01 Future Publications 119p.00 .M.N .$2,000.00 2.02 PubliCationReprints........... "..7PQ%QQ..'7T.-9Q..$1,200.00 1.01 Projectrquipment ...............MAQ .$2A•UO.... $260.00 Audio and Video tapes are made of historically significant Events for listening and viewing by visitors to the Museum. 1.02 Memberships, Training,Subscriptions$"%(P.m,m...$505.00 Greater Denton Arts Council, member National Trust for 111stor.ie Preservation, member Texas historical Foundation, member Denton Central Bualnees Association, member lenton holiday feslival foundation, member Denton County Amphithealer, member Ex-Officiu Denton historic Landmark Commission Subscriptions 10 all local newspspers from cities In Denton County "Unencumbered -special projects (markora, brochures, etc.) ~I f U1,1111 _ ouanca fyrtQ.lq pit , i?3UN COUNT YJi T2i3J.9llk.F90VATION, IN Ci[4 Operations eud94t. Fa a0 tVQ 91-92 92-93 93-94 3.03 Heritage Projects $65OJP-3650.00...$1,650.0O A. Historical Markers b. Cemeteries Projects 3.04 operational Supplies WjPQ.JJM- Q ...$1,200.00 Stationary supplies, including computer materials Texas State Sales Tax Permit conservation materials, aalid-free 3.05 Historical F.ducation......'C~•00. A299-00 , , , , , . $20o, 0O 3.06 Capital Improvement viQ0.49..$/,OQ,.(10..... $400.O0 4.01 Personnel .......................................0.00 Director of the Museum serves also as staff Director of the Historical Commission Administrative Aide. paid by county, devotes her clerical and research capabilities to the Commission and Museum. 5.01 Museum Allocation $M.SV...VQ6QQ...... $20O.00 6.01 Audit and IRS 501 C 3 Reports. $80R.OO.$W0.00..$800.00 7.01 Reserve Funds M.M..,$W%Qo ......$500.00 TOTAL ..................47rTWA NOJOAQ $9,715.00 I I I a► ~QertjN o. b0ertem kte zo - 3uo )ash 1993 Chairman Marvourene Matthews Rt. 1, #300 Lake Street Lake Dallas, TX 76066 817.321.3047 V. Chairman Leon Callihan 326 Easy St. Little Elm, TX 76068 214.292.1617 Secretary Olive Stephens Box 362 Lake Dallas, TX 76066 817.497.2202 Treasurer James P. Heath 600 Headlee Denton, TX 76201 817-382.3465 Member Delores Meador 924 Manhattan Denton, TX 76201 817-566.9644 I I 4gendaNo Agenda II (late DENTON COUNTY HISTORICKL COMMISSION y MEMBE IUP1M June 1993 OFFICERS: Phone Chairman: Leon D. Callihan, Sr. 214.292.1617 325 Easy St. Little Elm, TX 75068 First V. Chmn: Richard Terver 817-566-1189 111 Mill Pond Rd. Denton, TX 76201 Sec. V. Chmn: Marvourene Matthews 817.321.3047 Rt 1 - #300 Lake St. Lake Dallas, TX 75065 Treasurer: James P. Heath 817.382-3465 600 Headlee Denton, TX 76201 Rec. Secy: Peggy Wilson 214-539-8933 2230 Whispering Oaks Flower Mound, TX 75028 Corr. Secy: Olive Stephens 817-497-2202 Box 362 Lake Dallas, TX 75065 REGULAR M MRRRS4 Alice Alexander 711 Jackson 817.387.7386 Denton, TX 76201 Joe Bailey 2010 N. Locust 817.382.9040 Denton, TX 76201 Mary Barber 3025 N. Dumas Ct. Flower Mound, TX 75028 Anna Lee Benham P.O. Box 34 817-497.2563 Lake Dallas, TX 75065 Thanna Bounds P.O. Box 34 817497-4337 Lake Dallas, TX 75065 f ~lAntl8N0 4 ando Ito ° ti~sF D CHC Members - page two .3 O 9 Katherine Callihan 325 Easy St. 214.292•1617 Little Elm, TX 75068 Robert Castleberry 627 Grove 817-382-8995 Denton, TX 76201 Trail 817-464-7641 Mary Ann Chapman 401 Whispering 76 6 Argyle, Alma A. Clark 1129 East Hickory 817-382.5980 Denton, TX 76201 Mike Cochran 610 W. Oak 817387.0995 Denton, TX 76201 James Crawford 416 Harbor Lane 817.3212338 Hickory Creek, TX 76205 Gertrude Gibson Box 23743 817.898.3863 Denton, TX 76204 Mildred Hawk P.O. Box 383 817-437-5517 Tioga, TX 76271 Mary Evelyn Huey 2801 Longfellow 817.382-9458 Denton, TX 76201 James J. Johnson 3004 Croyden Lane 817.387.7069 Denton, TX 76201 Ruth Loveless 7,10 Woodland 817.382.6655 Denton, TX 76201 Mildred Martin 509 Ridgecrest 817.382-2485 Denton, TX 76205 Delores Meador 924 Manhattan 817.387-3309 (O) Denton, TX 76201 566.9544 (H) Juanita Milam 104 N. Wood 817.387-1308 Denton, TX 76201 E. Curina Morris Rt. 1, Box 86-B 817.648.2540 Justin, TX 76247 Metro 381.7005 Pat Peckham 632 Argyle, Country Rd. 817.464.3257 Vanda No pganda liam DCHC Members - page three Tale 37c~F' y Frank Rimmer, Jr, 1215 Cedar Pine Lane 214-292-1281 Little Elm, TX 75068 Phoebe Terver 111 Mill Pond Rd. 817-566.1189 Denton, TX 76201 Jerry W. Taylor 434 Frankie Lane 214.221-6464 Lewisville, TX 75057 Ed Terry 808 Sherman Dr, 817.382-1111 Denton, TX 76201 Andrea Williams 1513 West Oak #3 817.382.5258 Denton, TX 76201 Leon Wilson 2230 Whispering Oaks 214-5394933 Flower Mon.--id, TX 75028 ~i +g ends No aged fie ~fic w F~ R+ 11 DENTON COUNTY HISTORICAL FOUNDATION, _INC;_ E' Financial Statements December 31, 1992 .e r~ 1 f L~ r-- 4 j •,pndaNo 'd Agendalt Date ' a g "1 ~t .V i l .~}.le of Contents IN ae Accountants' Opinion . . . , . , . , , , , 1 Statement of Assets, Liabilities and Fund Balance . . 2 Statement of Support, Revenue and Expenses . , , , , , , 3 Statement of Changes in Fund Balance . , , , , , , , , , , , 4 Statement of Sources and Uses of Cash . . , , 5 Notes to Financial Statements . Statement of Changes In General Fixed Assets 9 Combined Statement of Revenues and Expenses Budget and Actual . . . . . 10 . d MEMBERS MEMBERS TEAS SOCIETY OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUWANTS CERTIFIED PUBLIC ACCOUNTANTS HANKINS, POWERS, EASTUP, DEATON & TONN A Proqulonal Corporation AQOndaNo CERTIFIED PUBLIC ACCOUNTANTS 1)2 NORTH LOCUST a R0. BOX 111 AQenda+i ~j DENTON, TEXAS 76202017 Date ~ 1 W-3874553 yDo~q ~1 ►r i ACCOUNTANTS' OPINION ti Board of Directors Denton County Historical Foundation, Inc. P. 0. Box 2184 Denton, TX 76202 We have examined the statement of assets, liabilities, and fund balances (modified cash basis) Denton County Historical Foundation, inc. as of December 319 1992, and the related statement of support, revenue, and expenses (modified cash basis) and of changes in fun' balances (modified cash basis) for the year ended. Our examination was made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. As described in Note 1, the organization's policy is to prepare its financial statements on the basis of cash receipts and disbursements. Consequently, certain revenue and the related assets are recognized when received rather then when earned, and certain expenses are recognized when paid rather than when the obligation is incurred, Accordingly, the accompanying financial statements are not intended to present financial position and results of operations in conformity with generally accepted accounting principles. In our opinion, the financial stateme*tts referred to above present fairly the assets and liabilities of Denton County Historical Foundation, Inc. at December 31, 1992, and its revenue and expenses, and the changes in its fund balance for the year then ended, on the basis of accounting described in Note 1, which has been applied in a manner consistent with that of the preceding year. Hankins, Powers, Eastup, Deaton 6 Tonn A Professional Corporation Certified Public Accountants May 14, 1992 I I ,..I DENTON COUNTY HISTORICAL FOUNDATION, INC04168 No nr,nOt~[~ ,1 STATEMENT OF ASSETS, LIABILITIES AND FUND BALANCES ti DECEMBER 31, 1992 AxfG General Operating Fixed Fund Restrict d Assets Total ASSETS Current Assets Cash - Commission Operations $ 3,100 S 3,100 Cash - Foundation/Lalor $10,253 10,253 Cash - IOOF Fence Fund 132 132 Cash - Fire Truck Fund 2,456 2,456 Cash • All War Memorial Fund 16,876 16,876 Certificate of Deposit 13,114 13,174 Due from Foundation 239 Pig Due from Operating 20 20 Due from Fire Truck 200 200 Total 16,513 29,937 46,450 Office Furniture and Equipment, net (Note 4) 7,876 1,816 Total Assets 16 513 $29,937 )6 $54,326 LIABILITIES AND FUND BALANCES Current Liabilities Due to DCH Museum Inc. $ 1,612 S 1,612 Due to Commission 239 239 Due to Fire Truck $ 20 20 Due to Foundation 200 200 Total Current Liabilities _ 2g ,051 2,071 Fund Balances (Note 1) Investment in Fixed Assets $ 71816 1,876 Foundation/Lalor 8$602 8,602 IOOF Fence Fund 132 192 Fire Truck Fund 20276 29276 All War Memorial Fund 16,876 16,816 Unappropriated 16,493 Total Fund Balance 16,493 _27,886 7,816 -52.25 Total Liabilities and Fund Balance $16,513 9 93 7 87fi 154,326 See Accompanying Notes to Financial Statements. 2 w I}ENTOoOCO_U11TY HISTORICAL FOU7Ge to - +Aende ko ~ i STATEMENT OF SUPPORT, REVENUES AundaIf FOR THE YEAR ENDED DECEMBER qtr ~ • al 7 Operating Fixed Fund Restric ted Assets Total SUPPORT AND REVENUES Government Support Hotel Occupancy Tax (Note 6) S 71002 Public Support (Note 7) $1,002 All War Memorial 17,241 Fire Truck 17,241 629 629 Sunshine Fund $ 11 1 Revenue 1 Book Sales 465 Santa Pictures 80 36 465 Interest 557 37 116 Total 1.113 25,28 9 26.396 EXPENSES Seminars/Conventions 1 247 Audit 1,247 900 900 Operating Expense 482 87 Advertising 124 Dues 350 569 474 Subscriptions 2182 80 280 Travel 150 182 Photography 88 150 Donations 85 88 Heritago Projects 65 85 Cemeter; FAintenance 46 65 Newsletter 46 Bank Charges 45 45 Depreciation 25 25 Fixed Asset Additions 170 4. 06 S 496 496 Total .4 5.16 5.17 496 9,028 Excess of Support and Revenue Over Expenses Before Capital Additions (20051) 19,115 (496) 16,568 Capital Additions 5.116 LIM Excess of Support and Revenue Over Expenses After Capital Additions 2 51) 5115 680 2 744 See Accompanying Notes to Financial Statements. 3 DENTON COUNTY HISTORICAL FOUNDATION INC ApndiNoj 3 - dP Agenda l STATEMENT OF CHANGES IN FUND BALANCES Date ail FOR THE YEAR ENDED DECEMBER 31, 1992 3 n li 7 General Operating Fixed Fund Restricted Assets Total Beginning Balance ,a January 1, 1992 $18,544 $ 8,771 $ 3,196 $30,s11 Excess of Support and Revenue Over Expenses After Capital " Additions -(2,051) 19.115 4.680 21.744 Ending Balance December 31, 1992 16 493 $27,886 7,876 $52,255 See Accompanying Notes to Financial Statements. hs-aa DENTON COUNTY HISTORICAL FOUNDATION. INC. gendaNc a +genda It STATEMENT OF SOURCES AND USED OF CASH Dale FOR THE YEAR ENDED DECEMBER 319 1992 u SOURCES OF CASH ! Excess of Support and Revenue over $ 16,568 expenses before Capital Additions Capital Additions 5.176 xa Excess of Support and Revenue over 1s expenses after Capital Additions 21,744 is Depreciation 496 14 Total Sources of Cash 22.240 If it USES OF CASH It Fixed Assets Purchased 5,176 14 Total Uses of Cash 5.176 Increase in Cash 1§,064 ,y 'e r• i See Accompanying Notes to Financial statements. 5 DENTON COUNTY HISTORICAL FOUNDATION. INC.aN° NOTES TO FINANCIAL STATEMENTS Agend Item bte ii DECEMBER 31, 1942 A15 a 97 w Note 1 - Significant Accounting Policies The accounts of the Denton County Historical Foundation, Inc. are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that compose its assets, liabilities, fund equity, - revenues and expenditures. In the financial statements in this report, the various funds are grouped into the following fund types and categories: Operating Fund - The operating fund is used to account for all financial resources except those required to be accounted for in another fund. Restricted Funds - The restricted fund consist of four different funds. Lalor - The Lalor Fund represents a portion of the Hotel/Motel Occupancy Tax collected by the City of Denton, It is to be used in preserving the heritage of Denton County. Fire Truck Protect - Contributions to the Fire Truck Project are to be used for the restoration and maintenance of the Fire Truck. All War Memorial Fund - On July 4, 1991, a plan was proposed to honor all those Denton County residents who have served in the wars from Spanish American War through Desert Stor,n, with a memorial to be placed on the Denton County Courthouse lawn. The cost of the completed memorial will be $66,000. Construction which is expected to take six months, will begin when all of the money has been raised. During 1992 contributions to the all War Memorial Fund were $17,241. Printing cost and bank charges totaling $365 were paid. 10OF Fence Fig - The IOOF Fence Fund has been designated to be applied towzrd the purchase of a historical marker to be placed at the IOOF Ccrnetery. General Fixed Asset - Fixe.4 assets used in fund type operations are accounted for in the General Fixed Assets Account Group. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair value on the date donated. 6 „ y lm "E TON COUNTY HISTORICAL FOUNDATION. INC. ~QendaNo NOTES TO FINANCIAL STATEMENTS AQeedalte DECEMBER 31, 1992 Dole to r~ Note 1 - Significant Accounting Policies (Continued) Basis of Accounting - The financial statements of the Denton County Historical Foundation, Inc. have been prepared on the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Under the modified accrual basis of accounting, expenditures are generally recognized when the related fund liability is incurred. Exceptions to this general rule include principle and interest on general long-term debt which is recognized when due. Basis of accounting refers to "when" revenues and expenditures are recognized in the accounts and reported in the financial statements. Note 2 - Legally Incorporated Entity The Denton County Historical Foundation, Inc. was founded and legally incorporated in the State of Texas on August 6, 1984. Exemption status under Section 501(c)(3) was obtained on January 16, 1985. Note -3 - Creation of the Foundation and Subsequent Events Prior to August 1984, funds from the Denton Cultural Confederation, Inc.were received by the Denton County Historical Commission, Inc. Due to the 1984 Attorney General's Opinion No. JM-71, which stated that funds received by a county commission are the property of the county and must be deposited with the county treasurer, the Denton County Historical Foundation, Inc. was created to receive those funds. Until October 1990, the Foundation in turn allocated a portion of those funds to the Denton County Historical Museum, Inc. and the Denton County Historical Commission. Staring in October 1990, the City of Denton contracted with the museum to send the FAnds directly to the museum therefore bypassing the Foundation. Therefore, all funds currently received by the foundation are allocated 100 percent to the Denton County Historical Commission. Note 4 - General Fixed Assets All fixed assets are recorded at cost or at estimated fair market value at the date of gift, if donated. Depreciation is computed on a straight line basis over the estimated useful lives of the assets. The following is a summary of fixed assets at December 31, 1992: Office furniture and equipment S 3,763 Other equipment 1,047 Fire Truck 4,806 9,616 Less accumulated depreciation (1,74 } Fixed Assets - net $7.876 7 OENTON COUNTY HISTORICAL FOUNDATION. INC. qqo" o 93"6 NOTES TO FINANCIAL STATEMENTS (CONTINUED) s19"nottw DECEMBER 31, 1992 Oo~ea_ Note S - Due to Museum Due to OCH Museum, Inc. S1 ,6,12 Until October 1990, the foundation allocated a portion of the Denton Cultural Confederation, Inc, funds to the Museum, This payable represents the amount owed to the Museum for the quarter ending September 30, 1990. Note 6-- Hotel/Motel nrcunancy Tax Revenue Hotel/motel room occupancy tax is collected by the City of Denton. The City of Denton allocates a portion of the total hotel/motel revenue to the Denton County Historical Foundation, Inc. The total received by the Denton County Historical Foundation, Inc. for the year are as follows: Quarter ended December 31, 1991 $ 1,727.72 Quarter ended March 31, 1992 1,498.89 Quarter ended June 30, 1992 1,873.35 Quarter ended September 30, 1992 1,902, L3 S 00,1,_94 Note 7 = o bLic sunnort and Revenue All contributions are considered to be available for unrestricted use unless specifically restricted by the donor. , 8 a i DENTON CnUNTY -HISTORICAL-FOUNDATION, INC gendaNo. STATEMENT OF CHANGES IN GENERAL FIXED ASSETS {Lend Item FOR THE YEAR ENDED DECEMBER 31, 1992 qfr ~e i` Balance Depreciation/ Balance 1U U' 9 ddi ions Retirements 12/31/92 General Fixed Assets: Office Furniture/ Equipment (Note 4) $ 2,654 S 376 $ 21278 Other Equipment (Note 4 370 120 Fire Truck (Note 4) 542 $ 4.80 792 6 4.792 806 Total 3 l96 5 176 496 LL M Investment In General Fixed Assets Provided from: General Fund $ 3,196 $ 370 $ 496 $ 3,070 Fire Truck Fund 41806 4,806 Total 3 l 66 5~6 496 7 8 6 See Accompany Notes to Financial Statements. 9 DEEITON COUNTY HISTORICAL. FOUNDATION. INC. Vo Mako ! COMBINED STATEMENT OF REVENUES AND EXPENSES A96 BUDGET AND ACTUAL Daft V11 FOR THE YEAR ENDED DECEMBER 31, 1992 Variance Favorable Actual Budget (Unfavorable) Revenues: lalor Funds S 7,002 S 8,165 $ (11163) All War Memorial 17,206 -0- 17,206 Fire Truck Fund 629 -0- 629 Sunshine Fund 11 -0- 11 Book Sales 465 -0- 465 Santa Pictures 116 -0- 116 Interest 932 -0. 932 Total Revenues 26,361 $81,165 18,196 Expenses: Seminars/Conventions S 1,247 $ 200 $ (1,047 Audit 90D 800 600 Operating 569 1,200 631 Advertising 474 -0- (474) Dues 280 280 -0- Subscriptions 182 225 43 Travel 150 -0- (150) Photography 88 500 412 Donations 85 -0- (85) Heritage Projects 65 650 585 Cemetery Maintenance 46 -0- (46 Newsletter 45 -0- 45 Bank Charges 25 O- 25 Depreciation 496 -0- (496 Fixed Assets 51176 400 (4,776 Archives and Reference Library 10- 300 300 Future Publications -0- 10950 11950 Publication Reprints -0- 700 700 Project Equipment -0- 260 260 Museum -0- 200 200 Reserve -0- S00 500 Total Expenditures S 91828 S 8.165 S (1.663} See Accompanying Notes to Financial Statements. 10 A CITY COUNCIL 4~ br ~ O ~G 4 ' NBQ V O' oo N S ~ D~oO ~QGGGO~ . +~antiaMo - $ Apenda II Denton County Historical Museum, Inc. July 14, 1993 The Honorable Bob Castleberry Mayor, City of Denton Denton, Texas Dear Mayor Castleberry: In response to the request of the City of Denton, we enclose the approved budget for 1993 -1994 for the Denton County Historical Museum, Inc. As requested, is enclosed 1991.92 year ending, 1992-93 current, 1993-94 proposed. Enclosed is a copy of our adopted budget with line item designations. This was adopted prior to the request for the new form. Further enclosed is a copy of our outside audit. Please note; There are several changes from year to year as the line items are refined to meet the Museum needs. The salary changes reflect a reclassification for the Director, a job description change from Educator to Collection Management Assistant and contract Labor. We have find it beneficial this year to hire Contract Labor for specific jobs for the short term. This allows us to hire specialists as needed for Museum work. Additionally, we are making a continued effort to bring people to Denton County and particularly to the City of Denton. We had several very special projects which were successful this year and new endeavors to be announced in the new future. To you, Mayor Castleberry and to Council Members Chew, Smith, Miller, Perry, Brock, and Cott, we express out appreciation for your support of the Denton County Historical Museum. Should you have any questions, please contact our office. Sincerely, NorlrtZjyLl1/C~~G~jLCtiLe/ a Lynn Gun le Director P.O. Box 2800 Denton, Texas 76202 Courthouse-on-the-Square 501(C) M Non-Profit Tclep~ene: (817) 561-8697 or 565-8693 0 1.800.346.3189 • FAX: (817) 382-0845 92 AgfAd to Data r r, 5 All 2~9Aocaults I)enlnn C:4FUilly INSWrical Milsenm, Inc. Cuteg;xY 170Salptim 1993_9A IN( ~~-4z_ 1222-93 1.01-Lolor rinds 50,654.00 55,000.00 5.01-11P1 GRANT 2,420.00 -5o,,00oo0n..ao0n 5,000.00 5.0 Irk of IFR GRNIIS 00.00 1, aau . 00 1.000.00 G.02-DONATIONS 540.00 15,000.OU 6.03 1,312.00 COLLEGE NIEKs MXJW DY GRNVr 2,119 - bo 800,00 5 M.W 6.0+1-1NTERLSI NUH AC A(:C1 S ~ ,110.00 ,820 00 6.05-INUW'- Mt ACrr INIFRESr 5ao200..000o 50U 500.00 OU G-05FFFS 325.00 325.00 6.01-USER FEES 600.00 1.00 NIS M1 ACCT INJERESI 2.50.00 ~.W 1.OUA ALL r#-MIN. DOMII0NS 200.00 5 p;0 w0 B.OO GIF1 SlbP Rf1lE1A1F 51300.00 51200.00 TOTAL IN00hE 91,315.00 FXtNSiS 630156.00 '10,545.00 4.01-DIRFCTOR'S '"finy 1 11, 642.00 20,664.00 ?5,158.00 .02 COlt.ECllc~u,4MGE/ASST 10, 635.00 1.03CONiRAC1lA80R oo.00 6,160.00 12,681.00 8000 00 8000.00 1-05-COLLEGE MRtCSiUDY MAY 94 1. o0 , 231..00 8.000.00 1.06 CLASP NI11tlIOL lW4 e 429.n0 8,151.00 2, OOU. 00 2.01 MOM- lip 3UM lplIONS 09.ob 15 0.00 300.00 72.02 112111NTNG IaIRIw 540.00 1 *900.00 9,000.00 .OS l1 AWI UDIt IRS FORMS 1, 200.00 1,100.00 1,200.00 2.08 COWMN1T I'.1EC15 60.00 1,500.00 1,5n(?.00 7;10E10II~ g~'F 1,295.00 4,000.oo +x,000.00 2.11-01"FICE SUM TES EDUIrT•FNr 1.012.00 2'300:00 1,30p.ou 2.12 COLLECTIONNACNr 11119.00 21 ~13. 00 7.17J1I'1tESEJ;yAiIpT/r SrORAITON 80400.00 11800.OU RV f)0 1,500.00 7,OG1.00 2.13 OCMUIFR ACCES%RIFS 2. MILFAGF 10.00 450.00 875.00 1+I-TRAYEI. 2.10 CMIIWAKY rim 1 50. 00 500. 10 E 0um 2.17-E000 itroSilprfaJrCIS 00.00 2,101.00 315.00 900.00 1,175. 2.18- DOCENT Vol 2.190rFItAriONIM+IIN1 SECURITY 1ii.00 x00.00 00 1.000.00 2.22 SERVICE U1NiGFS 3 53.00 115.00 .06iRUStEFS Pr"CTS 12,.on 1,250.o1 1,250 00 9.01-GirT Slpl* "Tit's 11199.00 1,500.00 J,5w.w 9.02-Garr S1W C%S1r,MfNIS 1,162.00 9.03 Girt 10600.00 ),81p.~J SflclR SNES o1 .$o 500.00 5U).00 9-04-GIFT IMP 7 ASP ( o0. 0 TOM. FXr'.SES 10500.00 00.00 AT Abii.bb~ 70,545.00 9.1,3+!5.00 i `[q t 5 AgeadaNo~ a apaodattem Oats ~ - s ~r PROPOSED BUDGET All Accowts 6/72/93 CategorY Descripticn Budget INCOPfN__/E)RD4SE 4.01-1alor Funds 55,000.OQ 5,01--DBE GRANT 5,Q2-THC Grant 5.03-INCOME OTHER GRANTS 00 900.00 6.0 OLLETGEEOKSTUDY GRANT 6.04-INTEREST NOW ACCT 5'x;00 6.05-INCOME MM ACCT INTEREST 6.0%-CD INTEREST 322i.000 0 6 06-, i~R1GSNOP FEES 250.00 6:07 tW FEES 7. Ows MM OOA-ALL MEMORIAL DONATIONS 500.00 8.00-GIFT SHOP REVENUE 5,200.00 TOTAL INCOME 91,345.00 EXPENSES 1,01-DIRECTOR'S SALARY 25.458,00 1, Or, LLEC T I ON/MANAGE/ASST 12, 68L 00 1.05-COLLEGE WORKSRTUDY SALARY 8.000.00 8.000,00 1.06-W WITHHOLDINGS 2.500.00 2.01-M 9tMIP SUBCRIPTIONS 2.0410 IRSINI OIIRISh! g2OO.OOOO 2.O& CONSULTANT PROJECTS 1, 200,00 2.09-INSURANCE 1'500'00 210-MIBITS 4'x'00 2:11-VFICE SUPPLIES EQUIPMENT 40000.00 2,12-COLLECTION K4091,W OO 2, 124-PRESERVATION/RESTORATION 2,0061.00 2,13-COpPIITER ACCESSORIES x.00 2,14-TRAVEL MILEAGE ,17-EDUCI4pRKW PRPOJECTS 10000.00 2 2, IHOCENT VOL 1.475, 00 2,19-OPERATIO /LMAINT SECURITY 1'0'00 2,22-6AM1C SERVICE CHARGES 545.00 3, O6-TRUSTEES PROJECTS 10250.00 9,01-GIFT SHOP SUPPLIES 1.500,pp 9,02-GIFT SHOP CONSIGNMENTS 1,800,00 9,0m IFT SHOP SALES TAX 500,00 TOTAL EXPENSES 91,345,00 - >Qenda No~' apendaltem ' KIP ' 30 DENTON COUNTY HISTORICAL MUSEUM 1883.1884 BUDGET PROPOSAL 1NCOM§ The 1983 -1624 Budget predicates expenditures based on objectives from the long range program of the Museum. Monetary needs he" been determined by tracking past and current expenditures. The Museum Is seeking accreditation in 1M. Tourism Is a major thrust Program enhancements are a must to reach these goals. The Budget reflects the funding needed to provide these enhancement Increasing and lowering of budgeted line items does not mean that line items can not be increased mid year or lowered or raised the next year. As the year progresses, gems removed from the budget may be reinstated if it is determined they are needed and funding can be located. In order for the Board of Trustees to fully understand the changes and choices made by the Budget and Finence Committee, the following explanation of Line Item by Line kern Is presented. 4.01 Labr Funds We are anticipating an upturn in Tourism In Denton and the Museum has continued its commitment to be wry active in bringing visitors to the city and county. The Director hot ectively participated in the Hc%VMotel Aswistlon and Convention and Visitors Bureau to promote tourism. 5.01 Denton Benefit League Grant The Museum received 55,700.00 in 1M, This yeah request will be for historlcally oorrect mannequins for use in the room displays, 5.02 Texas Historical Commission Grant The Museum achieved their goal of restoring this grant funding in 190 and expect to do the same next year. 5,03 Other Grants The Museum was successful In obtelning other grants this year. An experienced Museum grant writer has volunteered to provide this service free for the coming year to seek funding from sources outside Denton County, I* Major Foundations, etc. e.02 Donations Donations are phrotaf requiring constant monitoring and Innovative ways for encoursging them. Efforts shall continue to develop means of Improving this line kam. 8.03 College Work Study Salary Relmbursemert ThIs enables the Museum to use student vvcr . - pile creating apart time labor force that benefits both the Museum" the students. Wa will be shitting the emphasis to staffing the Museum gift shop with morketing, history and education students In order to Increase the number of hours the exhibits are open to the public. Students paired with volunteers has been successful this year. 8.04 interest Earned NOW Bank Account 6.05 Interest Earned Money Market Bank Account 8.05A Interest Earned Certificate of Deposit Interest rates this year have not met budgeted expectations This is an sconomle factor. r i e i Agar It e.06 Workshop Fees Fees from the workshops for children and adults have been found to be short of the coat for these events. Changes have been made to remedy this where possible. Grant funding wil! allow the Museum to continue to provide programs free or at the least cost possible to the public to reach all citizens. 6.07 User Fees Changes in the work area should produce greater Income dud ig the new year. 7.00 North Texas Savings Money Market Account {Memorial Account) Interest This account Is currently small so the interest is reflective of this. 7.00A All Memorial Donations Fund (see 7.00) The Museum will continue to inform the public In a dignified manner that a donation to the Museum is a means of honoring their lamily and fiends. 8.00 Gift Shop Revenue This line item reflects the gross Income of the Gift Shop. Means are being taken to provide a quarterly report of the net revenue. Consignment items are paid quarterly. New items haw been taken on consignment such as cookbooks which are "good sellers." EXPENSES 1.01 Director's Salary The figure predicated will compensate the employee for the duties performed and hours actually spent on Museum work. R will provide a salary more In keeping with the credentials std experience brought to the job from which the Museum benefits. 1.02 Collection /Management Assistant This new job is an entry level positlon. The job description provides for work to most ft requirements for accrsditabon. Cooperative planning by the Director and Assistant is productive. 1,03 Contract Labor (Temporary Workers) This Is anew line item approved through necessity for the current year. Ib effecHwness provided the Impetus to pursue its use for special one time jobs requiring specialized workers. 1.05 College Workstudy Salaries This Is using qualified students as available for 12 months. We are reimbursed 86% toward the gross salary. Funding for this program was reduced and made obtaining qualified workers more competitive. However, we do man to continue hiring when we ore able. Interne who work for college credit have been used extenslwly during the asst several months. More will be sought 1.08 College Workstudy Program Withholding This Is a total of line items 1.06A, 1.068, 1.060, 1,061), 106E. Thl was a required breakdown by the Auditor and higher authority. These fine items haw been split in the budget 2,01 Membership Subscriptions Memberships are in the name of the Museum, only, with employees who wish to be a member of professional ofganizations paying their own dues. All publications which come to the Museum resulting from these memberships are available to anyone to sa or study. Memberships Include TAM, NTMA, AAM, GOAC, CBOA, TLH. 2.02 Professinal TrainingiTourism Promotion 1 ,~,endafao ~ ^4 Agen4a11 WiltiCome "ospeakss`n~t h for the Museum fl and Board of Trustees. The curt nt effortawii beet extended into the coming year. Ideas, Training of Staff and Trustees should be a means of acquiring knowledge to provide new renewed energy and common ground for future planning. The staff wHl go as permitted through scheduling with the Director with no compensatory time counted sgoinst their absence and with their salary to continue. 2.05 Audit, IRS Forms The audit was completed on premises this year. This was a more acceptable i eanss method the Auditor. allowed staff to question and make ha ges with advise available 2.08 Consultant Projects require outside consultants. To apply for accreditation or to pursue grants may req This year we have made This item can be amended during the year should it not be needed. Ye use of it in exhibit development 2.09 Insurance A change in this item is not anticipated. The Museum must provide Insurance for fire, e6., volunteers, general liability, to meet our contracturai obligations. more 2.10 Exhibks opment provift bits. Thew wi appeal to ihome town visitolre andgbette serve the school children. A wally Tithe permanent) special exhibits are being redirected to produce more absfying visits from tourists with a return trip the result Special exhibits such as Coming Home, A Small Texas n (plctures, Museum) the as 1 OW% • 1 OWs proved extremely successful In gemrerong Ito Including the s. did the Art of the Phonograph exhibit of earlier phonog phs sling come many 2.11 office Supplies and Equipment This fund ad 16nuo to use " County equtpmsntreandl auppli~esunot provided nl kind by the County, discounted rate for purchasing 2,12 Colseetion Mangen entl fund t the Aeollectioon In top) pcondition rovide onto most Museum Accr ~On^ts standards, we must provide 212A PieservatiordRostorstlon this kern, Rhos proved its usefulness and the need to pursue this 1903-g4 was the first year funding. 213 Computer Accessories Updating software and replacing needed equipment parts Is good business, practice. 214 Travel Mileage ms and special displays such as the ones This fund will be needed as more eourrtyvvlde programs are requrted. Traveling displays and at the Churches and Cities outside the CC calf speakers will need to be compermated for gasoline. 2,16 Contingency Fund the Board of Trustees. This Is an emefgency Item to be used for emergencies approved by 217 Education Workshops Projects f %ondaNo 4gendal em $ Off' The Education Committee is planning both adult and youth programs for the public. The programs are to be historyoriented or Texas related. The Indian end Mountainmen Program this summer will be expanded to Include large groups of children. Other programs are scheduled, 2.16 Docent Volunteer Program A recognition program has been approved and special promotions devised to present the Volunteers with the acknowtegmsnt they deserve. The Volunteer Committee Is planning to carry out this In the fail. 2.19 Operation Malntenance/Security Additional securitywill be needed to provide the equipmentto monitor hallcesea being developed. 2.22 Sank Service Charges The Banks do not currently charge us a service fee, This Is a line item for the purchase of checks, 3.06 Trustee Projects The amount In this line item Is In the anticipation of more field studies by the Trustees. 9.01 Gift Shop Supplies Although the Museum gift shop Is moving more toward oonslgnment Rams, It Is still necessary to purchase home such as sacks, tlckete, retell items. 9,02 OR Shop Consignments This fund Is sad explainstory 9.03 Girt Shop Sales Tax This Is required by law. The annual budget predicated for the coming fiscal year Is an Increase from the current year. The largest Increase Is predloted to come from grants, An endowment fund drive is currently underway wrh Friends of the Museum Charter memberships available through August The budget Is monitored weekly through the use of computer printouts to chart the spending psttems, This monitoring will continue with the new budget it will allow close supervhon by staff of the division of monies on a monthly basis. This will preciude anticipated revenue from being spent on one line item to the detriment of others, be. )~Orttl9110 _ Date 5 'i DENPON COUNTY HISTORICAL MUSEUM, INC. OFFICERS 7/07/93 Letitia deBurgos, Chairman 47 Kingswood Est. Lake Dallas 75065 817-497.3523 Robert Caldwell, V. Chairman 2603 Jamcstown Denton 76201 817.382-8954 Louise Alton, Secretary P.O. Box 1913 Denton 76202 817.387.8934 Judy Selph, Treasurer 1926 N. Locust Denton 76201 817.383-8270 Clots G. Vaughan, Past Chmn 2160 Savannah Trail Denton 76205 817.565-9178 Nancy King 1321 Country Club Rd. Argyle 76226 Volunteer Coordinator 817.382.2948 TRUSTEES Alice Alexander 711 Jackson Denton 76201 817.387.7386 Betty Bailey 2010 N. Locust Denton 76201 817.382.9040 Liz Bays 1305 Tulane Denton 76201 817.566.1123 Esther R. Broome 1019 1? Windsor Denton 76201 817.387.5186 Norma Cole 517 S. Pedigo Pilot Point 76258 817.686.2765 Joyce Crawford 416 Harbor Lane Hickory Creek 76205 817.321.2338 Maxine Crawford 2218 Southridge Denton 76205 817.383.4239 k Date i i BOARD OF TRUSTEES, page two Peggy Gentry 101 Willow Cove Lewisville 75067 214.317-0080 Ivan Glasscock 2016 Hollyhill Denton 76205 817-387.5498 Kay W. Goodman Rt. 2 - Box 1075 Sanger 76266 817-458-3935 Marvourene Matthews Rt. 1.300 Lake Dr. Lake Dallas 75065 817.321.3047 Perrijo Midgett 330 Forrest Trail Argyle 76226 817-381-7110 Nedra Mitchell Rt. 1, Box 411 Denton 76205 817.382-6553 (0)566-0503 Nancy Roberts 1611 Paisley Denton 76201 817.387.6619 Melbagene Ryan 1101 Ryan Rd. Denton 76201 817.382-2266 Ruby Smith 1009 Manhattan Dr. Denton 76201 817.382-3914 Nits Watkins 17 Hidden Valley Denton 76208 817.321-2056 Lynn Yeargain 121 Harmony Lane Lske Dallas 75065 817.321.2553 EX-OFFICIO: Leon Callihan 325 Easy St. Little Elm 75068 214-292.1617 ADVISORY 130ARD OF TRUSTEES: Dr. Dean Anthony 1905 Burning Tree Denton 76201 817.383.3786 .IoAnn Sallantine P.O. Drawer P Denton 76202 Chamber of Commerce 817.382.7895 Agen alle O We r ~J BOARD OF TRUSTEES, page three Vertalee Coleman Box 155A Marshall Cr.Rd. Roanoke 76262 817491-3842 Donna Fielder P.O. Box 369 Denton 76202 817-387.3811 Weldon Goin 202 Main St. Aubrey 76227 817-365-2976 Virginla Hodge 2903 Wilsonwood Denton 76201 817-3874724 NSDAR, J.B. Denton Herbert Holi 207 S. Bell Ave. Denton 76201 817.382.2787 G DAC Vivian Johnson 328 Ruth Denton 76201 817.387002 Bob Martin 116 Austin St. Denton 76201 817.382-5523 John McGrane #3 Timbergreen Circle Denton 76201 817-382.4577 j Gerald Mitchell Rt. 1, Box 411 Denton 76205 817.382-6553 Gaynelle Neale 21106 Southridge Denton 76205 817.383-2106 DRT Lisa Patterson 1309 Gatewood Dr. Denton 1'6205 817.382.6660 DBL Evelyn Vestal 900 Sandpiper Denton 76205 817.387-0325 NSDAR, B. Lyon H.L Whitehead PA. Box 573 Lake Dallas 75065 817497.2924 SRT Pi r ra~ Aperiddlt Date A >r DENTON COUNTY HISTORICAL MUSEUM, INC. Financial Statements September 30, 1992 I AQeodaNo. Agen It ~ Clete Fi rN Table of Contents Pace Accountants' Opinion „ • „ 1 Statement of Assets, Liabilities and Fund Balance . . . . . . . . . . 2 Statement of Support, Revenue and Expenses . . . . . . . . . . . . . 3-4 Statement of Changes in Fund Balance . . . . . . . . . . . . . . 5 Statement of Sources and Uses of Cash . . . . . . . . . . . . . . . . 6 Notes to Financial Statements . . . . . . . . . . . . . . . . . . . . 1-9 Statement of Changes in General Fixed Assets . . . . . . . • . . 10 Combined Statement of Revenues and Expenses Budget and Actual . . . . . . . . . . . . . . . . . . . . . . . . 11 1y►• i MEMBERS TEXAS SOCIETY OF MEMBERS AMEPI ME F 14 CERTIFIED PUBLIC ACCOUNTANTS CERT FUN HANKINS, POWERS, E'ASTUP, DEATON & TONN Agen►Ya o. A Professional Corporation 4 end lie CERTIFIED PUBLIC ACCOUNTANTS A 902 NORTH LOCUST F P.O, BOX 977 gate DEkTON, TEXAS 78202-0977 n O n~ A 617387$583 I1 T I . ACCOUNTANTS' OPINION Board of Directors Denton County Historical Museum, Inc. P. 0. Box 2184 Denton, T% 76202 We have examined the statement of assets, liabilities, and fund balances (modified cash basis) Denton County Historical Museum, Inc. as of September 30, 1992, and the related statement of support, revenue, and expenses (modified cash basis) and of changes in fund balances (modified cash basis) for the year ended. Our examination was made in accordance with generally accepted auditing standards and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. As described in Note 1, the organization's policy is to prepare its financial statements on the basis of cash receipts and disbursements. Consequently, certain revenue and the related assets are recognized when received rather then when earned, and certain expenses are recognized when paid rather than when the obligation is incurred. Accordingly, the accompanying financial statements are not intended to present financial position and results of operations in conformity with generally accepted accounting principles, In our opinion, the financial statements referred to above present fairly the assets and liabilities of Denton County Historical Museum, Inc. at September 30, 19929 and its revenue and expenses, and the changes in its fund balance for the year then ended, on the basis of Accounting described in Note 1, which has been applied in a manner consistent with that of the preceding year. i Hankin4,'Powers; Eastu ' Oeaton 5 Tonn A Professional Corporation Certified Public Accountants February 41 1992 MjS 4 OENTON COUNTY HISTORICAL NUSEW INC Ag"da"I STATEMENT OF ASSETS, LIABILITIES AND FUND BALANCE§aAgen 1e ahem w SEPTEMBER 30, 1992 06 0 Operating Lalor General un and Fixed ASSETS -AUe4 --Iqjj- Current Assets Cash on hand - Gift Shop $ 130 Cash - Museum Acct. 18,620 f 130 Cash - Director's Acct. 184 18,620 Cash - Lalor Fund Cash - Morey Market 1,843 $21,956 184 21,184 Cash - Memorial Fund 1,428 71893 Certificate of Deposit 61000 11428 Prepaid Insurance 6,000 Total 35-1,629 21,956 --L4 Office Furniture and 57,585 Equipment (Note 4) Total Assets 4 4 2 9 521,_ 956 Um S 10„ 0 LIABILITIES AND FUND BALANCES Current Liabilities Payroll Taxes Payable $ 208 Sales Tax Payable$ f 208 Total Current Liabilities 366 Fund Balances -~~-6 Office Furniture and Equipment Lalor $42,498 12,498 y Unappropriated $21,956 2 Total Fund Balance Total Liabilities and -42,498 Fund Balance 53529 52,x$6 S42~ S 0 0 3 kp 1 f^{ See Accompanying Notes to Financial Statements. 2 d a S ;a DENTO_N COUNTY ~IISTORICAL MUSEUM INC Agenda No ~teda^t STATEMENT OF SUPPORT, REVENUES AND EXPENSES {a FOR THE YEAR ENDED SEPTEMBER 30, 1992 97 4! General Operating Lalor Fixed Fund Fund Assets Total SUPPORT AND REVENUES Government Support Hotel Occupancy lax (Note 3) $50,664 $ 50,664 Ilork Study S 2,775 2,775 Public Support Grants 2,420 29420 Donations 1,312 1,312 Workshop Fees 235 235 Revenue Gift Shop 4,225 4,225 User Fees 215 215 Interest 1,310 19310 Miscellaneous 2 2 Total 12,494 50,664 63.15 EXPENSES Directors' Salary 17,682 17,682 Educator's Salary 10,635 10,635 Work Study 3,564 49383 7,947 Payroll Taxes (228) 657 429 Professional Training 463 77 540 Insurance 11795 10500 31295 Accounting 100 10100 19200 Office Supplies 120 123 243 Bank Charges 53 53 Operating and Maintenance 331 46 377 Computer Accessories 70 70 Membership/Subscriptions 160 110 270 Collection Management 583 536 11119 Trustee's Project 125 125 Education Workshops 268 47 315 Travel 225 130 355 Consultant Projects 60 60 Preservation/Restoration 867 867 Courthouse Chats 160 160 Docent/Volunteer Program 84 84 Exhibit Supplies 1,002 70 1,072 Gift Shop Consignment 11162 11162 Gift Shop Supplies 1,399 1,399 Grant Participation 379 X379 Office Furniture and Equipment 1,808 Total 14,550 37,258 51.80 3 r DENTON COUNTY HISTORICAL MUSEUM, STATEMENT OF SUPPORT, REVENUE AND EXPENSES (CONTIN9~ It FOR THE YEAR ENDED SEPTEMBER 309 1992 Dale W General Operating lalor fixed Fun Fund -Assets Total w. Excess of Support and Revenue Over Expenses Before Capital Additions 056) 13.406 11.350 Capital Additions Grant Participation $ 379 379 90/91 Budget 1,658 1,658 91/92 Budget 312 312 2.349 2.349 Excess of Support and Revenue Over Expenses After Capital Additions $J2,056) 13 40b 2 349 13,699 See Accompanying Notes to Financial Statements. 4 VYr1M DENTON COUNTY HISTORICAL MUSEUM. INC. ApeodaNo STATEMENT OF CHANGES IN FUND BALANCES A~ ah r FOR THE YEAR ENDED SEPTEMBER 30, 1992 Operating Lalor Fixed Fund Fund is Total Beginning Balance October 1, 1991 $35,752 $10,117 $40,149 f 86,018 Excess of Support and Revenue Over Expenses After Capital Additions (2,056) 13,406 2,349 13,699 Fund Transfers 11567 (1,567) Ending Balance September 30, 1992 35 263 $21,956 $42,498 99,717 See Accompanying Notes to Financial Statements. 5 i Oka DENTON COUNTY HISTORICAL MUSEUM. INC. A'3anoaNO~ + ~ ~yenoa+te~~. STATEMENT OF SOURCES AND USED OF CASH t~+B 3 FOR THE YEAR ENDED SEPTEMBER 30, 1992 b SOURCES OF CASH Excess of Support and Revenue over expenses before Capital Additions $ 119350 Capital Additions 2,349 Excess of Support and Revenue over expenses after Capital Additions 13,699 Increase in Payroll Tax Payable 142 Total Sources of Cash 13,841 USES OF CASH Fixed Assets Purchased 2,349 Increase in Prepaid Insurance 32 Decrease in Sales Tax Payable 73 Total Uses of Cash 2,454 Increase in Cash 11,387 See Accompanying Notes to Financial Statements. 6 I s 5 OENTON COUNTY HISTORICAL MUSEUM. INC 'gsndsNo. pie," - ,A NOTES TO FINANCIAL STATEMENTS Agsadalte SEPTEMBER 30, 1992 6&s Q 9 h w T" 7 Note 1 - Significant Accounting Policies, The accounts of the Denton County Historical Museum, Inc, are organized on the basis of funds and account groups, each of which is considered a separate accounting entity, The operations of each fund are accounted for with a separate set of self-balancing accounts that compose its assets, liabilities, fund equity, revenues and expenditures. In the financial statements in this report, the various funds are grouped into the following fund types and categories: General Fund - T`ie General Fund is the general operating fund of the Museum. It is used to account for all financial resources except those required to be accounted for in another fund. Lalor Fund - The Lalor Fund represents a portion of the Hotel/Motel Occupancy Tax collected by the City of Denton and it is to be used for the operations of the Museum. Fixed Assets - Fixed assets used in fund type operations (general fixed assets) are accounted for in the General Fixed Assets Account Group. No depreciation has been provided on general fixed assets. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair value on the date donated (see Note 4). Basis of Accounting - Basis of accounting refers to "when" revenues and expenditures are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the "timing" of the measurements made, regardless of the measurement focus applied. All governmental funds are accounted for using the modified accrual basis of accounting. Their revenras are recognized when they become measurable and available as net current assets. Under the modified accrual basis of accounting, expenditures are generally recognized when the related fund liability is incurred. Exceptions to this general rule Include principal and interest on general long-term debt which is recognized when due. Note 2 - Legally Incorporated Entity The Denton County Historical Museum, Inc. was founded on May 6, 1917. The Museum was legally incorporated in the State of Texas on April 19, 1979. Exemption status under Section 501(c)(3) was obtained on March 21, 1980. 7 ,a 41tem DENTON COUNTY HISTORICAL MUSEUM. INC. rgenCmend NOTES TO FINANCIAL STATEMENTS (CONTINUED) a,:+ SEPTEMBER 30, 1992 t~ Note 3 Hotel/Motel Occupancy Tax Revenue Hotel/motel room occupancy tax is collected by the City of Denton. The City of Denton allocates a portion of the total hotel/motel revenue to the Denton County Historical Museum, Inc. The total received by the Denton County Historical Museum, Inc. for the year are as follows: Quarter ended December 31, 1991 S 13,263.68 Quarter ended March 31, 1992 12,670.16 Quarter ended June 30, 1992 10,992.07 Quarter ended September 30, 1992 13,738.07 50 663.9$ Note 4 - General Fixed Assets The Museum received a grant from the Denton Benefit League in the amount of $29420. This grant included the purchase of a slide projector, deacidification booth, dehumidifier, hygrothermograph, and a battery backup for the computer. As of September 30, 1992 only the slide projector had been purchased. Fixed Assets from Donations Prior to September 30, 1991 Denton Benefit League f 15,877 Denton Sesquicentennial 2,019 Denton County Historical Commission and Foundation 90097 Texas Historical Commission 280 IBM 3,435 Taylor Hawk Memorial 160 Total 3S 0.868 Over the life of the Museum, other organizations have donated various furniture and equipment without submitting a market value. The Museum, as the donee, is unable to objectively value a gift and therefore, has not placed a value on these items. The majority of furniture and equipment, however, is recorded in the above list. Note 5 - Collections In conformity with the practice followed by many museums, donated collections are not included in the balance sheet. It is impracticable to value these gifts; therefore, they are not capitalized. The newly-acquired items are cataloged in a register of accessions, but no value is placed on these items. a t .C MiRR~ qa~ DENTON COUNTY HISTORICAL MUSEUMANC. +gendaNQ. agen It NOTES TO FINANCIAL STATEMENTS (CONTINUED) - SEPTEMBER 30, 1992 G Note C - Donated Services and Facilities The value of donated services is not reflected in the accompanying financial statements since there is not objective basis available by which to measure the value of such services. However, a substantial number of volunteers have donated significant amounts of their time to the Denton County Historical Museum, Inc. The use of the Courthouse on the Square has been donated by Denton County. Note 7 - Public Support and Revenue All contributions are considered to be available for unrestricted use unless specifically restricted by the donor. 9 nd ivx~ p DENTON COUNTY HISTORICAL MUSEUM. INC. ~9~daNo, a 3 STATEMENT OF CHANGES IN GENERAL FIXED ASSETS a{~eAdaltem FOR THE YEAR ENDED SEPTEMBER 30, 1942 W. Balance Balance 9130/91 Additions Retirements 9LWI General Fixed Assets: Office Equipment $20,158 $ 11970 $220128 Other Equipment 191991 319 20,370 Total $40,149 S 2,349 $49,498 Investment In General Fixed Assets Provided from: General Fund $ 90281 $ 1,970 $11,251 Donations (Note 4) 30.868 379 31,247 Total $40,149 2,349 $42,498 i See Arcompany Notes to Financial Statements. 10 Y e i DENTON COUNTY HISTORICAL MU,SEU INC; AMa1N9 is; A~eadalt COMBINED STATEMENT OF REVENUES AND EXPENSES Date is BUDGET AND ACTUAL ?ao 9 FOR THE YEAR ENDED SEPTEMBER 30, 1992 i Variance Favorable Actual Budget (Unfavorable) Ea Revenues: Hotel Occupancy Tax $50,663.98 $459486.28 $ 51177.70 Grants 29420.00 69800.00 (4,380.00 Work Study 2,774.78 51770.80 (2,996.02; Donation 1,312.33 900.00 412.33 Gift Shop 4,224.69 60700.00 (21475.31) Interest 1,310.18 1,300.00 10.18 Workshop Fees 235.00 600.00 (365.0'') User Fees 214.85 250.00 (35.15) Miscellaneous 1.81 150.00 (148.19) Total Revenues 63 157.62 $67,957.08 $(4,799,46) Expenses: Directors' Salary $17,681.64 $210269.66 $ 3,588.02 Educator's Salary 10,634.75 14,234.22 3,599.47 Work Study Salaries 7,946.79 8,244.00 297.21 Payroll Taxes 429.28 1,150.00 720.72 Membership/Subscriptions 270.00 309.00 30.00 Professional Training 539.69 1,900.00 1931"0.31 Gift Shop Supplies 19398.67 11500.00 101.33 Computer Accessories 69.99 900.00 830.01 Legal and Accounting 10200.00 10200.00 -0- Trustees' Projects 125.34 250.00 124.66 Education Workshops 314.60 1,200.00 885.40 Consultants 60.00 500.00 440.00 Insurance 3,295.34 4,000.00 704.66 Exhibit Supplies 19072.47 2,000.00 927.53 Office Supplies 243.20 300.00 56.80 Collection Management 1,118.62 1,800.00 681.38 Contingency -0- 2,000.00 21000.00 Travel 355.00 500.00 145.00 Preservation/Restoration 866.79 10500.00 633.21 Docent/Volunteer Program 83.97 200.00 116.03 Courthouse Chats 160.13 -0- (160.13) Operation and Maintenance 376.51 500.00 123.49 Reserve, Savings -0- 19200.00 1,200.00 Director's Account -0- 200.00 200.00 Bank Charges 52.90 -0- (52.90) Gift Shop Consignments 1,161.89 11800.00 638.11 Grant Participation 379.90 -0- (379.90) Fixed Assets 312.18 10500.00 1,181.82 Fixed Assets Prior Year Budget 1,651.87 1,700.00 42.13 Sales Tax -0- 400.00 400.00 Total Expenditures $51,807.52 2$7 ,247.88 $20,440.3§ See Accompanying Notes to Financial Statements. 11 CITY COUNCIL; C~ OOr o ~ M ~ t a o° f ° " t ~ 000 ~~~QOOG4~ oft4o GREATER DENTON ARTS COUNCIL 4 Oate C~-- OPERATING BUDGET 73a 1993.1994 II 1. EARNED INCOME 1992.99 ACTUAL S BUDGET 93-94 I A. SALES 1. Concession0rinks 1,162 1,300 2. Sales Art/Related (Non-concession) 490 300 F. RENTAL 1. Center' ;r ;5e Visual Ails (FH Studio) 21,303 25,000 2. East W r; (studios, showcases) 2,000 C. ADM!SSIOWFEES 1. Admissions Income [performing arts/exh.] 0 700 2. Tuition [workshops/classes] 0 3,200 3. Service Fees 105 150 4. Materials: Hard & Soft 93 4,580 5,600 5. CARA 2,493 2,000 6. On My Own Time 1,400 1,600 7. Bus Tours 6,563 4,000 D. FUNDRAISING INCOME 1. Special Events 50 2,000 EARNED INCOME TOTAL 38,146 47,655 PADEf0FT GAEArEA DEN70N AA TS COUNCt CITY eUNET PAESEN TA" _I I Agenda lle Ag ndaN*014 II. UNEARNED INCOME We_ 1992.93 ACTUALS BUDGA. HOTELMIOTEL REVENUE 62,513 61500 B. GOVT GRANTSIMONIES 1. TCA 18,373 10,625 2. Local (Area) 3,048 3,048 Other 850 0. ORGANIZATIONAL GRANTS 1, TAG 24,000 26 000 2. Other 550 400 D. FOUNDATIONS 3,319 4,000 E. CORPORATE DONATIONSISPONSORSHIPS 3,144 1,500 F. INDIViDUA'_ GIFTS 264 300 G, MEMBERS ilP 1. Individu at 15,130 14,500 2. Organizational 3,935 3,500 3. Business 11,092 16,500 H. INTEREST INCOME 1,047 1,000 1. REFUNDS111EIMBURSEMENTS 4,635 wq0 J. IAISCELLANEOUS 24 0 K. ORGANIZATIONAL FUNDS 1,826 0 UNEARNED INCOME TOTAL 153,550 143,373 TOTAL INCOME 1910696 191,223 PAGEtOPI GPEA TEA OENTON AA TS COUNCt CITY BUDGET PRESENTATION 1 A00198 No AOenda`la I. ADMINISTRATIVE EXPENSE 1992.93 ACTUALS BUDGET 094 A. PERSONNEL 1. Salary (full time) 76,333 2. Salary (part time) 79,300 3. FICA 8,901 7,000 4. Medical Insurance 8'51 6,601 5. Retirement 8,611 1,500 6. Workers Comp 2'~ 1,500 7. Mileage reimbursement 1'776 1,905 90 8. Exec. Directors expense 335 0 9. Training/Career Development ~ ~ 260 900 B. CONTRACT LABOR 165 360 C. VOLUNTEERS 1. Docent Program 511 300 2. BoadVolunteers 222 250 D. CONFERENCEITRAVEL 366 1,100 ADMINISTRATIVE EXPENSE TOTAL 106,517 1081111 I PAGE J OF 7 CAEA TS CEN%W ARTS OcAck CIrY SUDOEt PRESEN7Ar*V Agenim"7 AgenDate II, OPERATING EXPENSE 1992.93 ACTUALS BUDGA. OFFICE SUPPLIES 1,778 1,700 B. RETAIL 1, Beverages 1,229 1,100 2. Merchandise 0 C. TELEPHONE 2,524 2,500 D. COPIER SUPPLIES/SERVICE 690 700 E. POSTAGE 781 1,200 F. BOOKS, SUBSCRIPTIONS 359 400 G. PROFESSIONAL MEMBERSHIPS 245 400 H. OFFICE EQUIPMENT 135 200 1. COMPUTER EXPENSE 456 400 J. INSURANCE 4,666 7,500 K. AUDIT 21500 2,500 L. CHECKINWANK CHARGES 164 50 M. OP. MISC. 17 0 OPERATING EXPENSE TOTAL 15,544 181650 BIOS 4 OF 7 GREATER DENTON ARTS CO(AVCB CTY BUDGEr PPESENTA TON AgWaNo Agcnd Ito Uete Ill. FACILITIES EXPENSE 1992.93 ACTUALS BUDGET 83.94 ~Q f A. VICTORIAN COTTAGE 1. Maintenance 213 500 2. Furnhum/FDQUres 94 300 B. CENTER FOR THE VISUAL ARTS 1. Building Repair/Maintenance 601 1,000 2. JanhoriallBuildiing Supplies 1,013 1,400 3. Machinery/equipment 0 300 4. Fumishings/Fbdures 653 700 5. Rental Security 896 1,200 6. Deposit refund 5,609 6,500 C. GROUNDS AND PROPERTY 1. Exterminator 543 650 2. Groundskeeping 3,325 4,200 3. Building Security 525 600 4. Instruments 125 150 5. Misc. 0 0 FACILITIES EXPENSE TOTAL 13,591 17,500 i I PAGE S OF I OAEAFEA OEN rON AA FS COLACC 0rY SUCGEF FAESFNFAMN IV. PROGRAMSISERVICES EXPENSE 1992.93 ACTUALS BUDGET 93.9 ~7enda No A. MEADOWS GALLERY Agend lie 1. Meadows E)dribitions 5,457 31 8 2. East Gallery Exhibitions 1,000 3. Permanent Collection 94 100 Materials Hard 6 Soft 92 8,024 4. Materials Hard 3 Soft 93 1,335 5,700 5. Materials Hard 6 Soft 94 - 1,500 6. Exhibition Supplies 209 150 B. INFORMATIONAL 1. Newsletter 1,061 1,200 2. Informational Publications 0 250 C. EDUCATIONAL 1. Workshops*asses 0 1,800 2. AIE Program 5,837 0 3. Other Educational Programs 449 0 D. COMMUNITY PROGRAMMING 1. Performing Arts Events 0 400 Festival of Carols 1,879 . 2. On My Own Time 711 1,200 3. Bus Tours 5,416 2,800 E, ADVOCACY AND RECOGNITION 1. CARA 2,666 1,850 2. Advocacy 320 300 F. GRANTS PROGRAM 20,931 22,100 0. MEMBERSHIP 1. Membership drive 1,656 1,900 2. Misc. Membership 193 150 H. FUNDRAISING EXPENSE 0 1,000 PROGRAMSISERVICES EXPENSE TOTAL 56,038 46,900 TOTAL EXPENSES 191,696 191,161 PADEe DP7 SEATER DENTON ARTS CC UPCi CI TY SUDDET PPESEN r0% a Ageeda No Agee allerr~ Ll3fe_ SUMMARY 1992.93 ACTUALS BUDGET 93.94 Income Earned 38,146 47,850 Income Unearned 153,550 143,373 Income Total 191,696 191,223 Expense Administrative 106,517 108,111 Expense Operating 15,544 18,650 Expense Facilhies 13,597 17,500 Expense Programs 56,038 46,900 Expense Totals 1910696 1911161 PAGE 7 OF 7 GREA rER DEWON Mrs O"C2 CITY BUDGE TPRESS NPON Agenda No. AgenMtem YO p y 4M y GREATER DENTON ARTS COUNCIL FINANCIAL STATEMENTS AND INDEPENDENT AUDITORS' REPORT JUNE 30, 1992 49endaNo Agendaltemt.,w- rVe w ~ II F1 i* is is TABLE OF CONTENT I Basic Financial Statements Independent Auditors' Report 1 ` Statement of Assets, Liabilities and Fund Balances (Cash Basis) 2 Statement of Receipts, Disbursements and Changes in Fund Balances (Cash Basis) 3-4 Notes to Financial Statements 5.1 Supplementary Information Independent Auditors' Report on Supplementary Information 4 i Statement of Receipts and Disbursements: The Arts Guild.......... 10 i A MEMBERS TEYAS SOCIETY OF MEMBERS CERTIFIED PUBLIC ACCOUNTANTS AMERICAN INSTITUTE OF 'e HANKINS, POWERS, EASTLIP, DEATON a TONN CERTIFIEDPUBE C WANT A Professionji Corpontlon gendaNo CERTIFIED PUBLIC ACCOUNTANTS agendalle 902 NORTH LOCUST • P.O. BOX 077 ~t to DENTON. TEXAS 78202-0977 D31e 0 I en.3874se3 82 6f INDEPENDENT AUDITORS' REPORT • Board of Directors Greater Denton Arts Council Denton, Texas We have audited the accompanying statement of assets, liabilities and fund balances (cash basis) of the Greater Denton Arts Council (a nonprofit organization) as of June 30, 1992, and the related statement of receipts, disbursements and changes in fund balances (cash basis) for the year then ended. These financial statements are the responsibility of the Council's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note 1, the Council prepares its financial statements on the basis of cash receipts and disbursements. This basis is a comprehensive basis of accounting other than generally accepted accounting principles. In our opinion, the financial statements referred to above present fairly, in all material respects, the assets, liabilities and fund balances of the Greater Denton Arts Council as of June 30, 1992, and its receipts, disbursements, and the changes in its fund balances for the year then ended, on the basis of accounting described in Note 1. Hankins, Powers, Eastup, Deaton & Tonn A Professional Corporation Certified Public Accountants M September 4. 1992 e g _6 GREATER DENTON ARTS COUNCIL AAgenda gend^allem AA &~j STATEMENT OF ASSETS, LIABILITIES AND FUND BALANCES081E _1 = L - '3n (CASH BASIS) S '7 JUNE 30, 1992 Fixed General Building Assets t~ Fund Fund Fund TOTAL I, SS TS It Cash in banks GDAC S 31046 S 3,046 !I Investments (Note 2) - GDAC 49,162 $423,295 4739057 Investments (Note 2) - TAG 39,367 39,367 Fixed Assets (Note 3) $1,383,328 1,383,328 !1 is TOTAL ASSETS 95 2.175 $423,295 $1.3834328 $1,898.79 8 LIABILITIES AND FUND BALANCE$ t~ Escrow for Utilities S 11758 S 1,758 Fund Balances 1_92.175 42. 537 1 3$ 83.328 1,897,040 to TOTAL LIABILITIES AND FUND BALANCES 92,175 42$3,295 $1,383,328 $1,898,798 t~ to tr ri it 4Y The accompanying notes are an integral part of this statement. 2 40enda No Agendalfe ~ GREATER DENTON ARTS COUNCIL Dote t STATEMENT OF RECEIPTS, DISBURSEMFNTS AND CHANGES pay IN FUND BALANCES (CASH BASIS) p • ! FOR THE YEAR ENDED JUNE 30, 1992 sir Fixed 14 General Building Assets i Fund Fund _ Fund TOTAL Receipts: Membership support - dues $ 29,387 $ 29,387 Other contributions 8,868 f 200 91068 Hotel/Motel tax 61,074 61,074 122,148 Grants 24,748 24,748 Rental of facilities 20,067 200067 Program receipts 8,760 8,760 Fundraising 31,745 31,745 Commission on sale of art 11220 1,220 Interest on investments 49143 19,327 23,470 Other receipts 3,112 3,112 ' Total Receipts 193,124 80,601 4- 273,725 Disbursements: Grants 17,053 17,053 Program expense 19,510 19,510 Fundraising 50570 5,570 Salaries and contract labor 79,357 79,357 Payroll tax 6,385 6,385 Medical insurance 7,145 7,145 Travel and expense account 2,172 2,172 Membership and newsletter 4,258 4,258 Insurance 9,990 90990 Janitorial expense 1,334 11334 Maintenance and repairs 6,607 6,601 Telephone 21420 21420 Professional fees 20500 20500 Postage 20019 21019 Office supplies 2,737 22 21159 Dues and subscriptions 702 702 Miscellaneous 2,778 21778 Purchase of fixed assets 7,185 20,345 27,530 Artist-in-Education Prograa 5,024 5,024 Awards 500 500 Total Disbursements 185,246 20,367 -0- 205,613 I 3 { GREATER DENTON ARTS COUNCIL A8epomem ,I^5 ~ y STATEMENT OF RECEIPTS, DISBURSEMENTS AND CHANGES gCJ A IN FUND BALANCES (CASH BASIS) - CONTINUED I FOR THE YEAR ENDED JUNE 30, 1992 Fixed General Building Assets Fund Fund_ Fund TOTAL Excess Receipts over Disbursements $ 70878 $ 609234 S 68,112 Fund Balances, July 1, 1991 84,297 361,303 $1,355,798 1,801,398 Fixed Asset Additions _ 27,530 27,530 Fund Balances, June 30, 1992 92 175 $421,537 1 383 328 897.g4 0 The accompanying notes are an integral part of this statement, 4 k nV Venda No '0o~ GREATER OENTON ARTS COUNCIL Agendaliem,1,v NOTES TO FINANCIAL STATEMENTS` - 7 72D - JUNE 301992 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES preparede n thei cash abasistsof (accounting. Denton Arts ~ucertainGC have een DAreve ues bare recognized when received rather than when earned, and certain expenses and purchases of assets are recognized when cash is disbursed rather than when the obligation is incurred. Financial statements prepared on this basis of accounting are not intended to present financial position and results of operations in accordance with generally accepted accounting principles. The accounts of the Council are maintained in accordance with the principles of fund accounting. This is the procedure by which resources for various purposes are classified for accounting and reporting purposes into funds established according to their nature and purposes. The assets and fund balances of the Council are reported in three self-balancing fund groups as follows: - General fund, representing the portion of resources available for support of operations; - Building fund, representing the purtion of resources restricted for construction, improvements, and other facilities-related expenditures; - Fixed asset fund, accounting for the cost of all capital-related expenditures and major donated capital items. The financial statements of the Greater Denton Arts Council include the activity of The Arts Guild (TAG), a member organization. An auction held annually by TAG p rovides the primary source of fundraising for the Arts Council. Transactions between the two statementsntiThesa tivityeof TAG eliminated resentation In the with the Arts iCouncil) is presented separately in the supplementary information section of this report. NOTE 2 - INVESTMENTS The Council's investments consist of money market accounts and certificates of deposit, as follows: Amount Interest Fund- Mat-_uri t_Y Tvoe Rate Group $ 49,762 N/A Money Market 3.50% GOAC $ 6,411 N/A NOW Account 3.25% TAG S 3,837 N/A Money Market 3.50% TAG S 28,253 03.NIA93 Money Market 3.50% TAG C.D. 4.00% TAG S 27,458 N/A Money Market 3.65% Building S 20,733 N/A Money Market 3.00% Building S 1,775 N/A Money Market 3100% Building S 50,000 10-27-92 C.D. 3.80% Building 5 w f GREATER OENTON ARTS COUNCIL 10004 A6AAdd1fA NOTES TO FINANCIAL STATEMENTS-CONTINUED Dale- NOTE - JUNES o~ NOTE 2 - INVESTMENTS (continued) i - Amount M 4r Y Tvoe Interest Fund- Rate _ kour) $ 25,000 11.12.92 CID. 3,80% Building $ 18,588 07-16.92 C.O. 4.00% Building $ 50,000 09.10.92 C.D. 3.85% Building $ 21030 06.15.93 C.D. 4,10% Building $ 670711 06-04.93 C.D, 4.10% Building $100,000 09-06.92 C.O. 4.05% Building NOTE 3 - FIXEO ASSETS i Following is a summary of the Council's fixed assets: Buildings and improvements 5 946,354 Land 218,750 Construction in progress 100t738 Furniture and equipment 54 121 Permanent art collection 63,365 I LLL.383.328 The cost of the t gallery, o renovate the Center uforithe Visual p Arts, entThis includes expenitures of the Council donation anderenovation~ofethetiVictorian aCottage, studios. The t the s administrative offices. In 1990 the Council purchased the Campus Theatre at a cost of $100,778 which is also included in buildings and improvements, cost of the Council by Newton Rayzor. appraised C Council owns a one-half,In1983, of teret in land a 35-acre tract of land located by Loop 280. The construction in progress represents architect fees and contractor fees for the J. N. Rayzor Center for the Performing Arts and the Campus Theatre. The total construction cast is estimated to be in excess of $1,700,000 for the J. N. Rayzor Center. Completion of this project is contircent upon the sale of the land described above. The art collection is valued at the approximate market value of the donated items at the date they were given. The collection consists primarily of works valued at $600 or less. However, the collection also includes three sculptures donated to the Council by the Meadows Foundation. These items comprise approximately two-thirds of the value of the collection, - 6 a ApandaNo GREATER DENTON ARTS COUNCIL Apendalte Oei9-1-Zp~~ NOTES TO FINANCIAL STATEMENTS-CONTINUED 0 BOT JUNE 30, 1992 M NOTE 4 - COMMITMENTS On September 1, 19819 the Council entered into a 25-year lease agreement with the City of Denton for two buildings. These buildings are the present Center of the Visual Arts and the future J. N. Rayzor Center for the Performing Arts. The Council pays a minimum of $1 a year for the use of the buildings. The City pays a portion of the operational expenses. N 7 Y nn ~ agenda No ?3 C_. O M AgenAft Ime M $ 0 7 a SUPPLEMENTARY INFORMATION I i ,r 1 1 h' 1 »r ~l tn , (wA MEMBERS MEMBERS TEXAS SOCIETY OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS CERTIFIED PUBLIC ACCOUNTANTS E1 F1ANKINS, POWERS, EASTUP, DEATON & TONN A Proltislond CorponUon 4vraaNO. CERTIFIED PUBLIC ACCOUNTANTS ~ytn0 Ite 902 NORTH LOCUST • P.O. BOX 977 rE DENTON, TEXAS 782024977 trait 817.387$863 D INDEPENDENT AUDITORS' REPORT ON SUPPLEMENTARY INFORMATION Board of Directors Greater Denton Arts Council Denton, Texas Our report on our audit of the basic financial statements of the Greater Denton Arts Council for the fiscal year ended June 30, 1992, appears on page 1. That audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. The statement of receipts and disbursements for The Arts Guild is presented for purposes of additional analysis and is not required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic flnancial statements taken as a whole. Hankins, Powers, Eastup, Deaton & Tonn A Professional Corporation Certified Public Accountants September 4, 1992 9 • Ae)l ~peNdeNo GREATER DEN-ION ARTS COUNCIL Agendalte STATEMENT OF RECEIPTS AND DISBURSEMENTS: r 10 fOR 1'HE YEAR ENDED JUN 30 THE ARTS GUILD 1992 Receipts: Membership support - dues $ 3,215 Fundraising - auction 27,667 Interest 21463 Contributions 2,445 Total Receipts $35,840 Disbursements: Grants - GDAC 239217 Fundraising • auction other 4,373 Membership 11090 Professional fees 500 Postage 916 Advertising 402 Office supplies 122 Art awards 500 Miscellaneous Total Disbursements 31.145 Excess of Receipts over Disbursements $ 4.695 See Report on Supplementary Informatlon l0 IIII ~I CITY COUNCIL ~i i for o~ , ~ MAO ~ i C B~ V °~'vooaaco~°°°~ 1 k.rMrp~ "do No, LOW `g 4pendalt ate 9~of '7 NORT& TEXAS STATE FAIR ASSOCIATION PROPOSED BUDGET FOR TEE FISCAL YEAR OCTOBER 1, 1993 TBRU SEPTEMBER 301 1994 i Agenda No Agendalte Date ' 9.~af 97 NORTH TEXAS STATE PAIR ASSOCIATION PROPOSED BUDGET FOR THE FISCAL YrAR OCTOBER 1. 1993 THRU sEpTEt48ER 30, 1994 Projected Proposed Actual Expenses Total Budget 10/1192-1/14/93 7/15/93-9130/93 10/l/92--9/30/93 1993 - 1994 Revenue $44,672 $156600 $604272 $60,000 Expensest Salaries 026,411 $ 9073 $359784 $36,000 Printing 36 6,900 6,936 79000 Advertising 155 60900 7,055 7,100 Travel 10800 600 20400 2,400 Postage 665 653 1,318 1,400 Office supplies and expenses 1026 300 1,626 900 Telephone 19781 600 2$81 l~st'1 Office equipment 200 maintenance 0 1000 100 _ ,500 Office equipment _ 0 Total 132,174 325,426 $57,600 $60,040 I ~endaNo +~enda~te 9yo~7 NORTH TEXAS STATE PAIR ASSOCIATION SUPPLEMENT TO PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1993 THRU SEPTEMBER 30, 1994 Salaries An Executive Director and assistant are employed. Based on time spent promoting tourism, 652 of these salaries are in the budget. Printing Catalogs, posters, brochures, etc, promoting Denton and the North Texas State Fairground facilities. Items are distributed in Texas, Oklahoma, Arkansas, Louisiana, and New Mexico. Advertising Road signs, newspapers, radio, monthly publications, Travel Attend meetings, shore, seminars and other activities to promote tourism in Denton. Postage Mailing cateloge, posters, brochure,, etc. as well as correspondence to follow up inquiries received at meeting,, by phone and through the mail. Office Supplies General supplies to maintain an efficient office. Telephone Necessary to maintain communication. Office Equipment Maintenance The office equipment includes a computer, typewriter, copy machine and adding machines that must be maintained in good condition for efficient use. Office Equipment Update computer system with laser printer and scanner: w 41naa NO {aenca~Re WIf 95 ~ ~ NORTH TEXAS STATE FAIR ASSOCIATION EXPENSE COMPARISON 10/l/91-9/30/92 10/1/92-9/30/93 10/1/93-9/30/94 Salaries =32,993 $35,784 136,000 Printing 4,628 6,936 7,000 Advertising 10,235 7.055 7,100 Travel 2,200 2,400 2,400 Postage 1064 1,318 1,400 Office Supplies and Expenses 827 1.626 900 Telephone 2,000 2081 1,500 Office Equipment Maintenance 160 100 200 Office Equipment 19386 0 3,500 TOTAL $55.863 157,600 $60,000 , Agenda No Apend 1te NOW TIIAS 31AT1 1411 Data r 11 9J 12;18 pM llee:clal leport loll 96 9~ tp Jana lullock Koat)a Jea PeD per p10lICT Apr May Jun Jul Aul Sep Oct Nov Dec TIAI +lacoler to IATI Danatfoaa It9,900 pelt fool 120 (0 10 10 f9 10 $0 t0 10 10 10 1191010 felt 1912 10 1119 10 lot to $0 $0 10 10 10 IO 10 12,610 114164 Iloilo 11,111 11,111 Room 1111,121 (11,101 loll llll 419 11Q1~111 New KeaOu }eea f4 10 10 IG IC 11 Hirt 1120 10 10 10 11,000 10 10 i10 lit 0 it lO r to 19 $0 11 11311 Ientall till 11,111 Iloilo 111400 11,116 111000 11,110 11, 100 11,111 12,901 110126 11,110 11 1,139 ToUriI1 10 111,111 10 10 1111111 10 10 119,611 10 !9 919,111 30 191,191 Total Incoee 1161196 111,111 (1,$90 11,119 (13,191 t1, 611 329,183 !111,631 110,399 f),e74 III, lit $2,131 13101951 +Br enaei Qt: 110,363 Qtr $31,011 Qtr tio9:111 y Qtr !310861 Iipo Center 10 10 10 10 $0 10 10 f0 Ireeutlve Director 10 13,333 t0 t0 13133) 10 l313)3 130333 13,3310 ) 11,33) Q 10 $0 Pair 1191 till 10 10 10 10 IO 111190 to 1201000 0 10 hit 1911 10 10 (111 10 11,111 1131 110993 $)01,910 121,641 litlot 10 to 31,100 41 0 !2$0 1136,301 lnrurance (1,311 10 10 10 10 113) to $1,053 10 111 lno Melotenance 1111 1911 11,161 Iloilo 1111 111191 161011 111,611 1111331 Iloilo $116!1 till (11111 Keotete8ip lit 121 10 10 10 $0 12l 10 $0 10 H 11 $8 11 HIM 11 123 10 10 oil 113 10 fit t 10 !111 t Notellaterut lip 10 to $0 l0 10 to 10 t0 to 10 $0 10 !10 !$0 Office 1110 3111 1UI Iloilo fill 1289 11,611 to 180 11,121 1166 till $lo6!) Crlaeiutloor $131 10 Tourlu 190 10 10 10 10 10 10 1101 1110 11,111 ' .11,193 Wilmot 10 $3,113 (3,111 10 43,113 11093) 10 200 $200 t Office 110081 $1,013 11008) 1511 110121 111013 11,013 I11C83 11,083 11`013 11013 11,01) 111,191 f 111,991 Iquipuat $0 10 30 111316 10 10 1100 160 $0 10 10 10 11611 9tilitier 111190 It,010 11,191 11,010 111111 12,111 11,800 110123 1111 12,111 11,001 111601 1110912 Total Irpeare 1$;6p1 1111119 111,110 $11,913 119,111 110,181 110,601 1133,070 1111931 1111811 111,111 110,!11 I3ol,lll Qtr 111,131 Qtr 110,193 W 1200,610 Qtr $3),111 Net lncoae $30,100 Iloilo (1$1150) (19,111) $10018 (1211101 $5,011 1181111 1126,9t1► IlI,0101 11,100 (11,112) 111,116 Sa::: Qtr 120,120 Qtr 1I3,913► Qtr $1,101 Qtr 111,111►I0I: 1.511 , ti j T 1 t N}I I t ++i # Ptl MOM lITIF lilt tole t!t s t • , t t<i Project Itp:en Itcon let lean I:yenss Gcou let !Icon. ttpetse hula let Ircete hpeeu ["Del let Ineole Irpente Iseou A locos lilt 1 VA I 0 } I I II! p 1 1 1 T I ILJd+~iiEi ItI}i; M. t alai fit i;lv. t9 c l,aa { 2a,?a1 ,y IIj 1+1 1 41;11 1; Ht1,li4 t` . 1!11!1 1►114 . ti 111+31) IY 1,l1{111111! •'.1 ~I,i3 1 l lau liu4t ,e i ~ll 5} 6l 6.. gyp, II 1 .'.rirltilitci L 1St wts3li'"w'~lelStl°•r. Il1t ~lI ITI~ ILI~k~ {1Q_c_t`i jv~ ! 111 Cool-Olt 111 I,ISI 11,411 111 1 171 1flt 111'111 111,101 Milli. 11,11 N,l21 Z4EOnt#II,l11J 11,111 11,10! ZtfOnlylll,iaaJ 1 Ito? 1 Ice li,lt0 12,151 11,110 13,5511 32,243 111 ,1111 AS 1 tlf 3 11 III 21 3!1 J t I I i}} I! 11 O l 1 1i f 1 6 114,1111 II 1 1 r III Shc I lSt'• ! 1 4'' "9 t 0 fit B►!t sl.~ o' .r , 'g'_,il il,, s~,ll/ J 1511,11; i~,ltS e~SIt04 ti }1i~11 I~itir'YIsis 111153 'IY`i j11iS1"e~'lII W~a y11{ "h 1'I}I 1114, t~~11 ! CSl}I¢eot0lf ~`~11' 1lOn>t e ll!', a, !1 , II~,~r t y i, t'.A ~I 5r,`r' S 110 i Ip UDS 1101 it, 1St! 1501 34 '6u Irll6llt ` ' I ISI{~ I,iSltt~ +"111,1!1 3ill1 LitSi- ilia tf fta}111~`i0 1 !I N.L14 et fonts t 1 0 10 9 1 ! It Istettslenet 15,11 1,101 [111,5141 11,111 1,100 1115,1111 Iti,091 11,000 114,w) Itl,ll! U1,000 111,1111 Ill,lti 11,Sd6 (11,1!11 ..e 11 I OC 4},10 l,tQ1' ,1 1 1. It Cc filters 1143 1 •11 I,f1 I 11,411! I!,}tt 10 41!,111! 11 10 t9 !e !0 !1 111sf llo0 21 a [till 10 1 41101 till 10 (11101 It 10 11101 1ta 11 41501 . , , ~ ~"'U j~., t.: , F t 4 ~ ~ taf ° Igo , to . ' I I I t1 Nuivtilf 1} I (till II I 1111 Oil 10 Iltfl Ill 10 ittll Its t0 19ts1 11 list at 1 1 l0 1 1 1 l0 l9 11 le 11 !1 (1 !1 ! ' ! (1491 t',t9 4! U1} f 0 _ 0 t ,1 11 filled its 110 911 111 ill Ilttl} is II 1516 I1 ISII 1130 (SI (1! IS14 t!I 301►rtde !11 4 11111) 34! 1 IIl1lI Itlh. 10 411111 toil Itil Ili[} list 91 lllifl 11 1 1 i (EE it 1qq y ll y (1 II r~, 111 If Il 11 ` `1 6 1117 (111111 19 Itil, 114- IS 104111443 11,114 ,141 1 111,151) I,f30 9 111,11 1 !},f13 10 I!},t4l) II, 16 11 111,13f1 IIdSO II Ill,sllj 21IscotitJ f ` a t;' ~,',11;;t 1'r t! Il~u I e, t 1 J 1(~oun t 11 ),lS 0}: !h 11 t t,llgr {1 1 # 1 t 4il.htl t4•• h. y 1 IYlteo 6en1 • 1 1 I 1 0 ! Ip 10 19 11 Ip 10 101 1! 111,1001 41 Ili left 1,100 1 111,1001 1,110 9 411,1001 11,100 11 (11.19.1 11,030 10 111,0101 14 . 14 ? e "s"' th IIif IOS Y,1Y Tl 111,IIf, a llil,lll I16i,t11'z`'. 119,121• rz IISi,42~~1114,111 ',,ittf III {13(0111=01,114 r16 lilt I r,/ e I'~ 'r S#. I N 4 '~s~fie. t17!:~llr' 73tllti~i mC' r , ~ J'S ~it:•t ~t~t3.ta"fs 4!tutyie ~e uma nt :a+' 1:1.41 + ~ Ifa3ti tt r.t - 1 ~I I t It M f r Ill loll tit 9v I. tet'04 p to Idduios' Joliet, toil projrclt can not rgort triplets tuteeer. b slap 1 • s~`~pue0y ' 'ON IN* -11 L CITY ISCOUNCIL ~I A 1 ♦ O O ♦~~M Gt ~4o0~ Tr: f Ague. ' Agenda l( o? CITY OF DENTON CIT'i COUNCIL MINUTE'SDatd 1 June 8, 1993 The Council convened into the Special Call Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council N.embers Brock, Cott, Perry, and Miller. ABSENT: Council Member Chew 1. The council convened into the Executive session to discuss the following: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considered offer of settlement in the matter of the application of Bolivar Water Supply Corporation for an amendment to CCN No. 11257; Docket Nos. 9824-C and 9447-C of the Public Utilities Commission. B. Peal 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. Council Member Chew arrived during the Executive Session. 2. The Council received a presentation by Hennington, Durham and Richardson (HDR) regarding the preliminary solid waste master plan and received a briefing on the scope of work regarding the proposed contract with HDR for engineering services for landfill permitting and design. Bob Nelson, Executive Director for Utilities, stated that in the process of selecting a firm for this project, requests for proposals had been sent to a number of firms. Three firms were selected to make presentations to the Pubic Utilities Board and the Board selected two firms to prepare preliminary reports on how each would proceed with project. From that process, the Board selected the firm of HDR. HDR stated that the preliminary master plan was a product of the selection process. One of the next phases would be to develop the master plan in detail. The preliminary master plan was built on the work done by the technical committee as well as the Public Utilities Board. An integrated approach was proposed involving many types of solid waste activities. Specific programs were looked at which could be part of the integrated approach. Each program would focus on the idea of reducing the quantity of waste which would have to be disposed of in a landfill. implementation of those programs and the resources required to implement the programs were also considerations. Goals and objectives of the AgandaNO r Agendalt ate _ City of Denton City Council Minutes 246 June 8, 1993 Page 2 program included source reduction, recycling, composting, refuse derived fuel and the landfill. Each of these programs dealt with how much waste could be diverted away from the landfill rather than getting it in the landfill. Source reduction included public information, "Don't Bag It", business information, school initiatives, economic incentives, and household special waste. The recycling element dealt with residential, commercial and government incentives. It was suggested to continue with the drop-off program but to not enlarge the curbside service as it would be too costly. The composting element for residential and commercial entities included residential yard waste, commercial yard waste and municipal sewage sludge. The fourth element was a refuse derived fuel project in which commercial and residential waste would be taken to a processing plant in order to burn the appropriate materials in a combustion unit. This was a mid-to-long term option as the economics for such a project had to be considered. The landfill component of the program involved designing the facility to accommodate all of the prior elements suggested and to maximize the land area for total use. A priority was to maximize the landfill lite. Council Member Miller felt that regarding the curbside collection, there was & difference between effectiveness of the program and public perception of the program. He asked HDR if they had any dealings with the public in terms of why curbside collection was not available, why it was beneficial not to have it, etc. HRD stated that it was a cost issue. council Member Miller asked if HDR had any experience in getting that point across to the public. some citizens were willing to pay to have curbside recycling. HRD replied that a good example was the Dallas program which was a subscription program to have curbside collection. The overall response was that the citizens did not want the service. Bob Coplen stated that it was imperative to have the community informed and the need for a long range plan for information for the citizens. MDR stated that the purpose of the preliminary master plan was to get the most cost effective program as soon as possible. Right now it was Pore cost effective to do other programs rather than residential curbside recycling. y l ~p d AaaMa No, 9 -C3'a Apendalt ~J~te City of Denton City Council Minutes June 8, 1993 Page 3 Council Member Cott stated that part of this would be a grand plan which would indicate all areas of recycling in terms of how much revenue would be received by area by year. The community would then know what it would cost for each of those pieces and what the whole program would cost. The CIP indicated that the intent was to not spend all of the funds for this program at this time. Bob Coplen replied that the first dollars were for the landfill. Recycling was the intermediate plan on how to improve the present program. The money tras spread over a period of time only from a make sense standpoint. Only a preliminary plan was available at this time. Council Member Cott suggested that before this part of the project was started it was necessary have an idea on how the whole program was going to look. This could not be done in pieces and there was a need to know total loss in dollars for the community and give tax payers a choice if they wanted that loss or another choice. Coplen replied that all elements referred back to the landfill. Enough information was known that there was not enough time to wait until a total program was completed. It could be done in parallel but could not wait. Council Member Cott felt that that seemed to be a new thought of the Board because in the current CIP, the Board indicated that it planned to spend only $35,000 on the landfill engineering. Nelson replied that the majority of the contract would take place after 1994. Council Member Cott stated that in 1994 the forecast was for only $100,000 and in this CIP there was $135,000 for engineering for the landfill. How did it get to be $400,000. Nelson stated that those were very preliminary numbers when the CIP was developed in January. There was approximately $6 million for the entire development of the landfill. Charlie Watkins, Superintendent of Solid Waste, stated that the $100,000 was related to design work plus SLER work which was included in the figures. Coplen stated that the money which was previously proposed was driven by staff as far as projecting engineering needs. Everything from the different consultants indicated that more was needed. I I h i ApenQaNa a~~-. City of Denton City Council Minutes ~6- June S, 1993 Page 4 Council Member Perry stated that the plan would be phased in over a period of five years. This was a very preliminary look at a plan which had'been approved by the Public Utilities Hoard. This was a comprehensive concept of what to do with the landfill, a concept which he liked. Council Member Brock asked if the work of this firm would coordinate with the work of the task force. Nelson replied that the technical committee looked at the community and the types of wastes which it had. Based on that information, a preliminary plan was developed. HDR looked at that information to help determine the scope of the project. Phase I was the master plan, Phase II dealt with the current landfill and the Subtitle D documentation, Phase IIIA dealt with preliminary landfill design and consisted of approximately 466 hours of work. This would help define the major components of the work. Phase IIIB involved the design and landfill permitting which would be over 5100 hours of work. State regulations involved exact tasks which needed to be done in order to proceed correctly. This was a basic contract. with an hourly rate times a multiplier. Council Member Cott asked if the hourly rates being charged for different levels of people and the actuals charged were known. Would a budget or actual hours be charged. Nelson replied actual hours would be charged. Council Member Cott suggested working out all of the details of the contract before starting. HDR replied that they would request reimbursement at direct cost. Council Member Cott felt that it should be detailed in the contract for the expenses. He would like to see a master plan sooner than later and agree on the whole concept before starting phase four. Nelson stated that the master plan scope of work would be presented to Council in July. He also mentioned that subcontractors allowed for a lot override. Council Member Miller asked who determined the use of subcontractors, the City or HDR. Nelson replied that it would ba coordinated with the City. I AGagdaNo 4peodafl 2 fete 1 ' City of Denton City Council Minutes 5 6 June 8, 1999 Page 5 HDR indicated that the work would not be done with subconsultants but rather technical work such as soil boring on the site would be done. Nelson stated that HDR only need to subcontract out technical work such as the drilling of holes to do the geotechnical work. Council Member Cott recommended paying any subcontractor directly. 3. The Council received a report and held a discussion regarding automation for the Library, Police and Fire Cepartment and gave staff direction. Lloyd Harrell, City Manager stated that this would be an introduction to the subject of computerizing the Fire Department, Police Department and Library. The current systems were causing major operation costs as those department were very behind in technology. This was a scheduled item for discussion at the Council's annual planning session and would be discussed further. Eva Poole, Library Director, stated that the problem was threefold. Approximately 1200 patrons went through the Library each day which often resulted in long lines. She described the present system which was for circulation only plus patrons did not have access to determine whether a book was available. The staff had to manually place a date due card in books which delayed checkout. The computerized system would put bar codes in the books and issue new cards with bar codes. Council Member Brock stated that an advantage of automation would be that if a patron wanted to order a book, he would know immediately if it were available and could check on a book in circulation. Council Member Perry indicated that automation would make libraries without walls. Citizens would have access to data bases which could be reviewad at home. Any citizen could use the system without charge. City Manager Harrell asked what other libraries in the area were automated. Poole replied Lewisville, Garland, Plano, and Carrollton were automated. Council Member Miller asked if the system would be a current system and meet the needs to upgrade the Library. ~endtMo Ag City of Denton City Council Minutes ice June 8, 1993 Page 6 Poole replied yes and that data base searches would eliminate the need for staff to hold books and could print out an article from the newspaper which now could not be done. City Manager Harrell stated that the effect of automation on personnel would be to not reduce existing staff as currently they were not able to handle some tasks. Over time the automation would have a positive effect on the need for personnel. The positive effect would be a long range effect. Council Member Miller asked for an estimate of transition period. Poole replied that it would be a retrospective conversion and that the Library would be closed only about two weeks. Rick Svehla, Deputy City Manager, presented information regarding the police and fire automation. Part of the system would be a CAD, computer aided dispatch, system. This system would keep track of all the equipment, where it was, what kind of call it was on which would help the dispatcher determine what vehicles to send as incidents happen. The system was a very extensive system and staff had looked at systems similar to the City's. Carrollton and Lewisville had systems similar to what the city was considering. The basic hardware and software which was needed was approximately $850-860,000. Another part of the program was an "MDT" which was a T.V. screen and keyboard mounted in the patrol cars. There were different types of equipment to consider but it would cost approximately $1.5 million to upgrade the system properly. Mike Jez, Police Chief, stated that the new system would manage the volumes of information which the Department had. Much of that information was currently handled manually and with the automation a computer would do that work thus freeing up officers. The systems could interrelate the Department's data base and link all files in the program. Items in the property room could be bar coded in order to keep proper track of them and the system could interface with the City's GIS system. John Cook, Fire Chief, stated that the system would help determine the best route for the response vehicles to take, which streets were under construction, where a new fire hydrant was located or one which might be out of order. It could track the use of pieces of equipment to determine the need for future purchases. Council Member Perry asked if the court management system would be in the system. Jez replied that the jail and court could be added. i ko Agenda Agodalle::ir City of Denton City council minutes Dote `~~'G q 3 June 8, 1993 7d~6~e Page 7 City Manager Harrell stated that it was part of the anticipated cost anti that this item would be further discussed at the Council Planning Seminar. 4. The Council received a report and held a discussion regarding a proposed amendment to the grass and weeds ordinance as it applied to properties over two acres in size and provided clarification to regulations in regards to wildflowers end gave staff direction. Due to time constraints, this item was considered during the Regular Session under Miscellaneous Matters from the city Manager. 5. The Council received a report and held a discussion regarding a fixed asset inventory. Due to time constraints, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 6. The Council received the results of the revised Budget Priority Questionnaire. Due to time constraints, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting at 7:00 p.m. in the council chambers of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. Citizen Reports A. The Council received a citizen report from Derrell Bulls regarding special Olympics. Dr. Bulls stated that he wanted to present Council with a final report on the two years of the Special Olympics. He detailed the participants involved in tho Games. The City of Denton and surrounding areas supported the games while they were here. Executives of the City and City employees provided a vital part in the success of the games. He recognized those individuals who t i gendaND 9 180da ltem City of Denton City Council Minutes RIF ~r~s~! 1 June 8, 1993 b ('p Page 8 GYJ~ b spent a great deal of time t(-) make the games successful and who spent a great deal of time on the Games: Mayor Castleberry - Development Officer; Alicia Mantel - Special Events; John McGrane - Financing; Brenda Burton - co-chair of Special Events; Darren Asher Registration; Max Blackburn - Command center; Gary Collins - Computer Systems; Harlan Jefferson - Finance; Kathy DuBose - Evaluation; Pam Livingston - Opening Ceremonies; Kathy Avery - opening Ceremonies; Teresa Milam - Closing Ceremonies; cirilo Pedorza - Closing Ceremonies; Rhonda Gattis - Awards; Brian Bender - Awards; Rolfe Fens - Awards; Steve Johnson and Reginald Seastrunk - Victory Dance; Richard Brewster - Olympic Town; Myra Anderson - Olympic Town; Nancy Gotcher - Clinics/Demonstration; Bob Tickner - Stage; Randy Peterson and Curt Stogsdill - Logistics. These were some of the City employees who gave of their time to make the games successful. He presented the Mayor with a letter of appreciation for all employees who helped with the games. 3. The Council considered a request from the Lone Star Barrel Racing Association for an exemption to the noise ordinance on Sunday June 13, 1993 from 1:00 p.m. - 5:00 p.m. Catherine Tuck, Administrative Assistant, stated that this was a worequest for a noise be approximately 50-100 ninfor dividuals~at the event with youth and adult participants. No concessions would be scld at the event. Mayor Castleberry stated that only the loudspeaker would be used. Tuck replied that the loudspeaker would only be used in the rodeo arena. Mayor Castleberry stated that there were "Requests to Address Council" cards submitted, Kelvin Hoagland stated that he understood that the noise variance for the rodeo and other activities was for much later in the evening. As a resident of the neighborhood he was opposed to the noise. The neighbors had accepted the Fair but wanted to take a stand on other events at the Fairgrounds which went on later in the evenings. He was not opposed to this event but was opposed to a late night event. Mayor Castleberry stated that Mr. Hoagland was not against this event. Hoagland stated that he understood that this was an evening event but had no problem with the hours indicated for this particular event. V110o.~ ~gendAl?d pte -9 City of Denton City Council Minutes June B, 1993 Page 9 Gene Truss stated that at the last Council meeting, the Fair Association had requested a variance from the nuisance ordinance for the annual Fair and Rodeo. The Neighborhood Association was sed trying to not have the Fair working in Denton nor were they opposed to the Fair or events at the Fairgrounds. They were opposed to any nuisance factor which resulted from any event at the Fairgrounds. Until about a year ago, the neighborhood had enormous difficulties with nuisancos from Fairground events. A petition had been delivered to the City Council about this and the city called a meeting regarding the problems. The Fairgrounds offered a wide variety of events which did not have nuisances associated with them. This was a major business enterprise in a neighborhood setting. Council Member Cott asked Mr. Truss if his comments represented the Neighborhood Association or were his own feelings. Truss replied both for himself and the North Denton Center Neighborhood Association. Council Member Cott asked if a vote had been taken and Truss' comments represented the views of the Association. Truss replied that his comments were based on many meetings held in the past and on petitions delivered to the Council. The Association had not met on this particular issue due to too short of a notice. The durig r the based on year. k (petition swas ings presented to statements Council presented circulated A sociation to be more considerate r to the neighborhood, the Fair Council r Cott asked if the toNeighborhood work o out Association problems. had met with the Fair Association recently Truss replied that there had been several meetings. A number of residents met with the Fair Association in the summer of 1990 when a rezoning issue was being proposed. At that time, they were very vocal about the nuisances associated with the Fair. They asked the Association to be more considerate of the neighbors. Members Mayor Fair Association and the neighbors last l year, met r with m the Smith Truss indicated that 1990 was the beginning of the meetings. In 1992 they had a meeting with the Association. They felt that the variance which the Association was granted for the Fair last year was abused in that a live band was at Fair Hall. n r aQanddNo. g Agand t- City of Denton City Council Minutes Data ` June 8, 1993 1607- to Page 10 Council Member Cott stated that there was more than one event per year at the Fairgrounds. He suqgested a discussion with the neighbors and the Fair Association regarding these issues. Mayor Castleberry stated that there were on-going discussions with the Association and the neighbors. Nancy Hard stated that a year ago the North Center Neighborhood Association was formed. She felt at that time when City Council Members visited with the group as well as members of the Fair Association that there was a genuine concern regarding the issues in the neighborhood, She listened as the Fair Association listed the benefits of the events held at the Fairgrounds. she had a problem with the granting of the exemption to the Fair for the upcoming Fair. There were no compromises on the side of the Fair Association and the neighborhood had to do all of the adjusting, The Fair could still operate economically and stay within the existing ordinance, If the council allowed these variances she would see them as infringements on individual rights. Mayor Castleberry asked Hard if she had an objection to this particular request and the time of 100 p.m. to 5:00 p.m. Hard replied that most of the variances bothered her late at night and not these hours. Meredith Hard indicated that he was speaking against the permanent variance of the noise ordinance and the temporary variance requested. He lived two blocks north of the Fair and had a problem with noise late at night, He asked Council to not allow variances to the noise ordinance as the ordinance was created to help citizens. He requested Council stay within boundaries of the current ordinance. Cott motioned, Miller seconded to grant the request. Council Member Miller stated that he understood the concerns of the neighborhood. The variances which were granted at the last meeting were one hour extra during the week and two hours extra on the weekend. The Fair Association had indicated a good faith effort to work on the noise problems. Other variances had been requested for noise, for street closures, etc. He felt that there were issues regarding the noise ordinance which the Council should work on. Council Member Perry stated that there was a need to continue to negotiate with the neighbors and the Fair Association. This request might have been done on a Saturday rather than a Sunday, He would like to see that kind of negotiating in order to 4 4 S 4gend&Its 3 A City of Denton City Council Minutes Dais ( 0 ~O June 8, 1993 Page 11 accommodate the neighbors. He would vote for the request as there was not a loud noise associated with the request. On roll Vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council considered adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton Utility System Revenue Refunding Bonds, Series 1993, and approving and authorizing instruments and procedures relating thereto. Johi McGrane, Executive Director for Finance, presented a summary e,: the refunding portion of the general obligation and utility system bonds. The General obligation bonds would have an annual average savings of $55,000 worth of debt service over the life of the existing bonds. There would be a present value savings over the terms of those bonds of $519,687. The net interest cost for the general obligation bonds was 5%. The Utility Revenue bonds were done in two stages - a tax exempt and taxable refunding. Those were structured in that manner because of the legislation involved and because of some of the transferred proceeds with some prior refunding. The gross total combined present value savings would be $2,138,956 with an average annual savings in debt service of $1900000. The net interest cost for the taxable portion would be 6.14 and the net interest cost on the tax exempt portion would be 5.17%. These were negotiated refunded bonds which meant that prior to the consideration o: :his ordinance, staff worked with an underwriter to negotiate the interest on the bonds. If the bonds had been done in the traditional manner, the City would be paying approximately 10 basis points more. Council Member Cott asked about the window on the negotiated bid. Mc:,rane replied that the bid was received Thursday and locked in Thursday evening. The following ordinance was considered: NO. 93-102 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1993, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. ~Oeneako q ~pendalte City of Denton City Council Minutes Late June 8, 1993 Page 12 Cf Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. The Council considered adoption of an ordinance authorizing the issuance, sale and delivery of City of Denton General Obligation Refunding Bonds, Series 1993A, and approving and authorizing instrurients and procedures relating thereto. The following ordinance as considered: NO. 93-103 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993-A, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. S. The Council considered approval of a resolution authorizing the Mayor to execute, on behalf of the City of Denton, an interlocal agreement with the City of Roanoke for the provision of services associated with the holding and disposing of dogs and cats for the City of Roanoke; and authorizing City personnel to collect fees associated with all interlocal agreements for services provided by the City pursuant to said agreements. City Manager Harrell stated that this was a standard contract similar to one the City had with other jurisdictions. Council Member Cott asked why the City was doing this. Nonie Kull, Environmental Health Services Manager, stated that it would offset a small portion of the cost to run the facility and it benefited both the citizens of Denton and Roanoke. Council Member Cott asked what was the additional revenue expected with this contract. Kull replied for the remainder of this year approximately $500. Council Member Cott asked about the cost associated with this contract. J i AgeeeaNo. 9 ~ - Aga!~daltef City of Denton City Council Minutes °~1e 3` b June 8, 1993 Page 13 Kull replied that there would be minimal costs. The more animals bulk, sheltered, the which were Approximate cost was $290 lower for the w remainder of the yedr. r Council Member Cott requested that those two items be placed in the next year's budget. City Manager Harrell stated that the City had a similar current contract with Denton County and Corinth. The philosophy was that currently there was extra room at thn facility. Most of the costs of the facility were fixed costs. As long as there was space and it did not deny staff being able to take care of Denton animals, these contracts allowed the City to make some money. When it came to not having room, the City would not do contracts with the small cities. The following resolution was consideredi NO. R93-035 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DENTON TO EXECUTE, O BEHALF PROVISION OF AGREEMENT WITH THE CITY H OF C ROANOKE FOR OTHE A OC SERVICES ASSOCIATED WITH THE HOLDING AND DISPOSING OF DOGS AND CATS FOR THE CITY OF ROANOKE; AUTHORIZING CITY PERSONNEL TO COLLECT FEES ASSOCIATED WITH ALL INTERLOCAL AGREEMENTS FOR SERVICES PROVIDED BY THE CITY PURSUANT TO SAID AGREEMENTS) AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "ayo", Motion carried unanimously. 7. The council considered a motion indicating a preference for a firm to collect delinquent taxes and authorize the Executive Director for Finance to negotiate a contract for consideration by the city council. City Manager Harrell stated that the Council had received a detailed presentation at a prior meeting regarding this program. a City. fprCouncil eferenceaf or a firm to collect delinquent taxesmfordtheo The Executive Director for Finance would negotiate a final contract. the the Citwo tyfirms or their local Council Member Cott asked if any litigation either against of attorneys had any i AgeadaNo Agee a1,e S Oats ` City of Denton City Council Minutes June 8, 1993 Page 14 Mike Gregory - Heard, Coggin, Blair & Williams - stated that he did not have litigation in any form or fashion against the City nor did Curtis Loveless nor did Heard, Coggin, Blair & Williams. Neither of the two local attorneys nor the Heard lawfirm had represented any taxpayers or lienholders on any tax suit involving the City of Denton. Bryan Berry - Hayes, Coffey and Berry - indicated that the only suit involved with the city was a tree case. There was nothing else that he was aware of. Council Member Cott stated that he had information regarding the State Bar of Texas vs. Stephen Blair disciplinary petition. He asked for further information concerning that petition. Steve Blair - HGBW - stated that this issue was a matter regarding a former employee, Richard Lewis, who was the former coordinator of the Dallas County Commissioners Court. Mr. Lewis contacted a Superintendent of Schools in Alvin, Texas. This casa was filed by a competing lawfirm, had been pressed by a competing lawfirm and had no substance to it. The council received the petition before he did. A competing lawfirm sent the information to council. it was filed in the wrong county and the firm was going to take it to court. He was not going to take any reprimands which had been offered to him. Competition was considered a good thing in most industries. In the lec;al industry there were some prohibitionu on competition such as not contacting a client of another firm with a view of taking that client away. This was a public contract business and there was nothing wrong with letting clients know that firms wanted to compete on a bid basis. That was what they did. If the petition were read, that was what the accusation was. That the firm's intent in contacting that individual was wrong. They were invited to the community and attempted to inform the individual that they appreciated the opportunity to talk to him and that they wanted to he included should there be a bid on the contract. He was accused of soliciting business because Mr. Lewis was under his command. It was on the State Bar's desk for about two years and when a new group of individuals started in the office, it was filed. He had talked with the individual who signed the petition who indicated that she "did not know anything about this case, it was just given to me." This lawfirm had represented the city for 6 years and had collected $3.7 million dollars for the City. if the Council was concerned about this grievance, there was a 30 day out clause in the contract. If he were convicted or found of any wrong doing, the City could terminate the contract. He was 100% confident that the case would be tried to a conclusion and there would be no finding of wrong doing. Agenda ko 3 Agend Ile / ' City of Denton City Council Minutes Date June 8, 1993 Page 15 Council Member Cott asked if staff was going to make a recommendation regarding a firm, City Manager Harrell stated that it had been the history of the Council in dealing with delinquent tax collection that staff had done two procedures. one was if there were some dissatisfaction with a particular firm and felt that they were not doing a satisfactory job of collecting delinquent taxes, it was brought to the attention of the Council and recommended that another firm be selected. If that had been the case in this particular instance, would Council o n o Council did n t have that kind p of of recommendation land from staff. that the present firm was doing an adequate job and felt that they were acting professionally and had a good working relationship with staff. The second criteria was that if staff felt that any of the three firms which had responded could not do an adequate job of collecting delinquent taxes which was not the case. Staff offered the three firms to Council, had them make presentations and staff did not feel that any of the three firms could not do a quality job for the City. Likewise, staff had no problem with the work done by the current firm. Staff would not be making a recommendation because neither of those criteria had come into play. Council Member Miller stated that the procedure for having a request for proposal after two years and at two year intervals had been the desire of the Council. John McGrane, Executive Director for Finance, stated that on the early contracts, the terms of the contract were set by Council both in the original and the last time a request for proposal was sent out. There was considerable discussion on the length of time and debate on performance. A two year contract was looked at with the option to renew without going back for a request for proposal. The contract could be extended for the same period of time of the original contract. The Council could set any time frame it wanted. council Member Miller stated that it was the preference of the previous Council to do it on a two year basis and it was on that basis that a request for proposal was done this year. McGrane replied correct. Mayor Pro Tom Smith asked if there were any other comparisons which might bo of help in making a decision. McGrane replied not that he was aware oP. All three firms could do a good job for the city. r ~geni,3No t44 City of Denton City Council Minutes OaeJune 8, 1993 Page 16 The firm of Heard, Goggan, Blair and Williams presented a historical comparison of the two firms in collecting for Denton County and Denton Independent School District. The firm of Hayes, Coffey and Berry stated that they were offering a program which would put the most money into the City treasury and detailed the work they had done over the last four years while collecting taxes for Denton County. This might be a time for a change. Neither the firm of McCreary, Veselka, Bragg and Allen nor the firm of Hayes, Coffey and Berry initiated the case against Mr. Blair. The State Bar was carrying the general notice. Mayor Pro Tem Smith asked Berry how they could collect over 1004 as indicated on one of thiir handouts. Berry replied that it would be prior tax money coming in a fiscal year. Mayor Pro Tem Smith stated that the information on the third page of the handout "original levy vs. collection of levy to date" was only for that year. Berry replied that on the collection levy to date was for what was collected for 1989. There was still 1.484 outstanding for 1989. Mayor Pro Tem Smith stated that that was compared to the City of Denton in which the rates were all very similar. Berry replied that the second page showed took all of the information into one. Gil Bragg -McCreary, Veselka, Bragg & Allen - stated that the DISD did change from his firm to Heard, Goggan, Blair & Williams. HGBW indicated that the first year collections increased $220,000. He had checked his records and his firm was paid during the first 6 months of that year on $230,047 in collections. Whatever figure was presented showing what was collected on behalf of the DISD during that first year, $230,000 was due to their efforts. Cott motioned, Chew seconded to award the contract for the collection of delinquent taxes to the firm of McCreary, Veselka, Bragg, & Allen. Mayor Castleberry asked if there was a representative from PerduA, Brandon, Fielder, Collins & Mott in order to give them a chance to speak. Mayor Castleberry indicated that there was no such representative present. i kilo Agvda No Agenr; em Rate fR City of Denton City Council Minutes v June 8, 1993 Page 17 City Attorney Drayovitch asked to clarify the motion. Was it to include direction for staff to prepare the appropriate contract for Council consideration. Council Members Cott and Chew agreed that the motion and second included that direction to staff. Council Member Cott felt that the Perdue firm needed to hire a local firm in Denton. Mr. Heard had some bad publicity, a community was involved with him and it was in the newspaper in the wrong way. Mr. Blair was being sued by the State Bar of Texas and his comment that if he did lose, the City had a 30 day cancellation clause was what helped Cott make his decision. Denton did not need to be in that kind of a position. He felt that the local attorneys did a great job for Denton as did the firm of Hayes, Coffey and Barry. He did not think the State Bar of Texas disciplinary petition was as light of piece of work as was presented. Council Member Miller stated that the review process was a request and a decision of the Council to put out a request for proposal every two years. That information had to be considered and not presumed ahead of time to have a change or not have a change. The information had to be looked at and determined what was best for Denton. He analyzed the information with four factors: (1) cost of service, (2) ability to work with staff, (3) local representation and (4) services rendered. (1) Cost of service - Texas law provided that outside legal services could be rendered at a maximum of 151 charge to the delinquent taxpayer so that the taxing entity would receive 1001 of the tax dollar. All three lawfirms indicated an interest in the City's work with a 151 proposal. (2) Ability to work with staff - he had asked staff members if there were any reasons why they could not work with any of the three firms and was assured that there was nothing which would prevent staff from working with any one of these three firms. (3) Local representation - two of the firms had offices in Denton and the third indicated that they would open one if selected. Two of the firms had local attorneys associated with the collection firms. some firms specialized in the collection of taxes for taxing entities. There was a varying degree of benefit from local attorneys associating with statewide firms, without a doubt ther.* was a considerable amount of pressure brought to bear against any decision making body in the State of Texas in these kinds of tax situations. Whether it was a city council, a school board or a commissioners court the decision to go with one statewide firm versus with other in order to do business with local attorneys was very difficult. if only one local firm was involved, the decision would be simple. With two or more local law firms, the decision was more difficult. (4) Services rendered, taxes collected, i S AgendaNa~ Agendaita City of Denton city council Minutes fl3te June 8, 1999 r Page 18 results - the Council had received material from three firms all indicating results. He had talked with a number of people in Denton, in the school system, the County, outside the County and in the State and was told that with these firins a good job could be expected from each one. A decision had to be based on what would be best for the City of Denton including the delinquent tax payers. Based on this, he supported the idea of negotiating the contract with the McCreary group. The Heard group had done a good job. One factor for his decision was the stated intention and commitment of the Hayes firm to be an active working partner with the McCreary firm and to commit its local resources to work with City staff. He felt it was absolutely imperative that there be no conflict of interest with either firms in terms of representing other clients relative to the City. The staff needed to negotiate a contract which would be administered for the City's program and make absolutely certain that there would be no conflicts of interest. The contract would be for two years and he expected performance in an outstanding manner to achieve results and performance which would influence future contracts. Council Member Brock stated that she would be voting against the motion for several reasons. She felt that it was good to hive a review periodically but not to change firms without some solid reasons to do so. The Heard firm had done an outstanding job for the City and the taxpayers had benefited from their services. The individuals directly working with the City had had experience in government entities themselves. She also admired the Heard firm's efforts with minority hiring on the partner level and all levels. She felt they were doing a good job for the city and should continue. In staying with this firm, there would be no start up time, would not have to train anyone and would be familiar with City personnel. Council Member Perry st+3ted that he would vote against the motion. The firm delivered good service and had done it with no complaints against the firm. Council Member Chew agreed that the Heard firm had a good minority and female representation, He had a problem with glossing over statements when a direct question was asked. Its felt that the Heard firm only told part of the story and that there was more than what the council had looked at. Mayor Pro Tom Smith stated that she respected both firms. Her decision was based on the continuity which would be maintained with the current firm and the prof oesionalism with which they had conducted themselves in Denton and the outstanding job they had done. She felt that changing would be some indication that the AQeldaNo Ageodalle q City of Denton City Council Minutes We June 8, 1993 In - ~ Page ].9 ~t Council was not satisfied with their performance and in her case, that was not true. On roll vote, Brock "nay", Cott, "aye", Miller 'layell, Snith "nay", Chew 'layell, perry "nay", and Mayor CAstleberry l'aye". Motion carried with a 4-3 vote, 8. Miscellaneous matters from the City Manager, City Manager Harrell indicated that he had no other items other than the work session items not discussed earlier. The Council considered work Session item 14. 4. The Council received a report and held a discussion regarding a proposed amendment to the grass and weeds ordinance as it applied to properties over two acres in size and provided clarification to regulations in regards to wildflowers and gave staff direction. Lloyd Harrell, City Manager, stated that this was an item which the Council asked to be discussed during a work session to see if there were any interest in modifying the high weeds and grass ordinance. Cecile Carson, Keep Denf:on Beautiful Coordinator, stated that staff looked specifically at the area in question with properties of two acres or larger to see if there were possible recommendations which could be made to make the ordinance more flexible where properties had an agricultural use such as livestock on the property. The current ordinance required that a property which was over two acres in size be mowed 100 feet back from all public streets as well as require from anym wince the area tof. t Staff was recommending to continue to and the curb or back street but to knot require any areaewithinna fence area to be mowed unless it was within 100 feet of a habitable dwelling. Slides of the proposed requirements were shown to Council, It was also suggested that hay not te of a crop because of the types of grasses whicheweresgr wnc.! aThese generally grew quite tall and staff had received a number of complaints from residents who lived next to such types of crops indicating that they caused health and safety crops would continue to be exempt. Regarding he wi Other proposal, it appeared that there was no definite time framefaswto when they could be mowed as there was a varied growing season. It was suggested that the provision include that wildflowers would be from mowi following thetfinal blooming of the mauntil the jority of seeds the plantsmatured ~geadaNoftc C ity of Denton City Council Minutes We I June 8, 1993 Page 2.0 Mayor Castleberry asked if at South Lakes Park, under the present ordinance, would the City be required to now 100 feet. Carson replied that the City was exempt from the ordinance but tried to follow the provisions. In that case, the City would be required to mow the parkway area and 100 feet back from the fence. Council Member Miller asked if Council proceeded with this proposal, would it be less restrictive on all property owners. Would there be any area in which the provisions would be more restrictive than the existing ordinance. Carson replied that hay crops would be required to mow 100 feet back from residential structures and from business structures. Staff received complaints regarding fire protection and rodent control when the hay was allowed to grow next to occupied property. Miller motioned, Perry seconded to proceed with the ordinance modifications, on roll vote, Brock "aye", Cott "aye", Miller llaye"F Smith "aye", chow "aye", Perry "aye", and Mayor Castleberry aye". Motion carried unanimously. Council considered Work Session Item 05. 5. The Council received a report and held a discussion regarding a fixed asset inventory. City Manager Harrell stated that this item came from the audit recommendations which the Council had received earlier in the year. Council decided not to wait until budget time to raise this issue but to solicit requests for proposals to conduct an audit prior to the end of the fiscal year. Kathy DuBose, Director of Accounting and Budget operations, stated that the external auditor made a recommendation to Council which was a recurring recommendation to do a fixed asset inventory. Staff had assessed the city's needs and the request for proposal included not only the inventory of fixed assets but also a valuation of thosa fixed assets. Tagging of assets was included as well as bar coding equipment in order to continue the process. Four firma responded to the request for proposal and these proposals were assessed, the firms interviewed and references surveyed. The cost of the proposals varied greatly. Mayor Pro Tom Smith asked if the services were specified and were they identical. a f gnva No der+da*it~em ~ ~ ~j City of Denton city council Minutes die _ L=L.i_1,:7 June 8, 1993 Page 21 DuBose replied that they were very close but that some of the asset systems were different. With one firm the training was expensive and valued $80,ooo for keeping up with the assets which would be purchased from the time the inventory began to the end of the inventory. Council Member Perry asked if all bidders met specifications. DuBose replied yes. Mayor Castleberry asked about doing the inventory in-house. City Manager Harrell replied that his concern was that once the comprehensive fixed asset inventory was done for all of the city equipment, there needed to be a system designed which internally could keep up to date and keep current. He had been assured by the Finance staff that as part of this proposal that kind of system would be installed and the software provided. This would allow an annual internal update each year. Council Member Brock asked if the City did not have to take the lowest bid. City Manager Harrell replied that this was a request for proposal as opposed to a bid arrangement. Based on a report to Council, staff would be able to negotiate a final contract with the recomme.ided firm. DuBose indicated that an ordinance and contract would be presented to Council for consideration at the next meeting. Council considered Work Session item 06. 64 The Council received the results of the revised Budget Priority Questionnaire, John McGrane, Executive Director for Finance, presented a revised budget priority questionnaire to the Council. The questionnaire had been done prior to the election and again after the election to accommodate any new membere. A priority of response category was added and the last page had comments from council. The last comment on the revised questionnaire was the only new comment, 91 New Business The following items of Nw Business were suggested by Counci.% Members for future agendasi K 4-QeRda Agenda It City of Denton City Council Minutes as June 8, 1993 Page 22 A. Council Member Perry asked that Council review and discuss study sessions versus regular sessions and be clear on procedures of study sessions and regular sessions. Council Member Brock indicated that she was making a list of items for discussion at the planning session and that item had been on her list. She felt that the council might need to reformat council meetings. City Manager Harrell stated that the facilitator of the planning session, Bob Saunders, would be communicating with the council a questionnaire regarding topics to covor. B. Mayor Pro Tem Smith asked for a date for Council to clean their adopt-a-spot. After discussion, the date of Monday, June 21 was chosen. C. Mayor Castleberry indicated that Board appointments were effective July 1 and asked council if they could have recommendations ready by June 29 for Council approval. After discussion it was decided that Board appoints would be made at the July 6th meeting. other items to discuss would be how to deal with the TMPA appointment and a date for the Boards/ commission reception. Another consideration was the reception for former Mayor Pro Tem Hopkins. ` 10. There was no official action taken on Executive Session items discussed during the Work Session. 11. New Business This item was considered earlier in the meeting. 12. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourn at 9:45 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON$ TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO0122 A Ven4-V agen~~te CITY OF DENTON CITY COUNCIL MINUTES a3o June 15, 1993 The council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Cott, and Miller. ABSENT: Council Members Chew and Perry 1. The Council convened into the Executive session to discuss the following: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 10 Considered offer of settlement in the matter of the application of Bolivar Water Supply Corporation for an amendment to CCN No. 11257; Docket Nos. 9824-C and 9447-C of the Public Utilities Commission. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Considered negotiation of line sale agreement between the City of Denton and Missouri Pacific Railroad. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 2. The Council received a report and held a discussion regarding the future of the North Lakes Driving Range and gave staff direction. Rich Dlugas, Superintendent of Parks, stated that the driving range was constructed in 1985 with money from the Recreation Fund. The purpose of the range was to provide a service which was not being provided to the citizens at that time as there was no driving range in the city. In 1990 an irrigation system was added to tho entire range but dollars continued to be tight in regards to operation of the facility. Last year the driving range came to Council as a budget issue for Council consideration. There had been complaints regarding irregular hours, quality of operation and staff recommended to close the range. Council agreed to look at privatization of the driving range. A request for proposal went out to 30 prospective bidders asking for their input and proposals on how they would run the facility. Individuals experienced in golf operations, financial background, management qualifications and experience were some of the considerations in the request for proposal. There was a required $5,000 minimum payment to the City which would cover ground maintenance costs, mowing costs, etc. There were no proposals received after the first request. Staff met with three individuals who had received proposals and discussed 6 qVdaNo taanoa~tem 3 tilt .;I. City of Denton City Council Minutes ,W&416 + June 15, 1993 Page 2 with them how to improve the proposal. The request for proposal was then resubmitted and sent out to 13 people with no proposals being received. Staff contacted four of the individuals who had received proposals after the second request for feedback on the proposal. Two underlying factors were that there was no ability to derive a profit at the facility and two, the new range going in at Loop 288. It was felt that the City's facility would not be able to compete with that range. When the City was operating the range, it was not able to meet costs and had lost approximately $12-15,000 per year for the last four years. Direct costs for salaries were met out of the recreation fund but not for other costs. If the range were to be reopened for the rest of the fiscal year, it would require approximately $15,000 to restart the facility. Revenue statements from the last two years indicated approximately $13,000 was received for that time period which would be a loss of revenue for the reminder of the fiscal year. Staff recommendation was to not reopen the City facility as there was a similar facility at the University of North Texas and the new facility to be opened on Loop 288. Mayor Castleberry askad if the area could be kept mowed and if an individual wanted to use the area could do so and retrieve their balls as they desired. Dlugas replied that it was mowed on a regular basis and individuals were using the area on an individual basis. Staff had not received any complaints regarding the range being closed. They had received inquiries as to the status of the range. Council Member Cott asked about the liability to the City if individuals were allowed to use the area. Dlugas stated that if the people using the range were using the T- box area and it was something that the City wanted to promote, it would be in the best interest to put signs up. The Park and Recreation Ordinance indicated that people could hit golf balls in designated areas. Council Member Brock asked for the cost of keeping the area mowed. Dlugas replied that it would be mowed anyway as it was park property and would cost approximately $3,000 per year. To irrigate the area would cost approximately $1,000. Council Member Cott recommended to close the range completely and not allow anyone to use it at all. Mayor Pro Tem Smith asked how many people used it per week. 0 . AQerds N0. Agen Item City of Denton city council minutes Gate June 25, 1993 Page 3 pp~~ Dlugas replied that some days there were a few individuals and some days no one was there at all. Consensus of Council was to allow the range to remain open and minimally maintained but not run it as a full facility. 3. The Council received a report and held a discussion regarding the Rails to Trails Program and gave staff direction. Lloyd Harrell, City Manager, stated that this was a project which had been in negotiation for the past two years. This was an exciting project for Denton as a railroad corridor which otherwise would be abandoned and IL-t would be railbanked so that at a future date, it could be used for mass transportation. Before those events, the property right-of-way could be used for recreational purposes. The contractuil provisions had been changed which were more favorable to the Cty. This project kept open long range options and long range planning for the City. Rich Dlugas, Superintendent of Parks, indicated that railbanking was a method by which rail lines proposed for abandonment would be preserved through interim conversion into recreation trails for citizens use. If the line was railbanked, the corridor was treated as if it were not abandoned. As a result, the integrity of the corridor was maintained and any reversions which could break it up into small pieces were prevented. The abandoning railroad company needed to agree to negotiate a railbanking agreement. 9'he tracks and ties on the railbanked line could be removed, however, bridges and trestles would remain in place, and no permanent structures would be built on the right-of-way. Under railbanking there would be a sale of the property at $5,000 up front and $1,000 a he first five years. The term of the agreement would be eforf30 years beginning at the closing. The railroad would retain the the repurch serthe line for rail svice exceed the total and could price. The railroad would give 90 days prior written noticeofhits intent. Upon approval of the abandonment, the railroad would remove the rail and cross ties, but leave bridges, culverts and ballast for the City to use in their trail. If the railroad exercised their option to repurchase the right-of-way before ten years had passed, they would reimburse the City for trail development expenses up to a maximum of $125,000. Changes in the contract included a purchase rather than a lease, the prior price $13,000 and the amount of revenue coming in with the initial agreement was to divide the revenue by half and the new contract would give the City all of the proceeds. I t j Agenda No. 9 - Agendaltem - City of Denton city council minutes Bate June 15, 1993 vv~ Page 4 Council Member Brock asked for the total cost for development of the area. Dlugas replied that it would depend on who completed the work. The first area to be repaired would be the trussels which would require approximately $25,000 worth of materials. Rock for the trails would be approximately $50,000. If the work were done in-house the cost would be approximately $100,000 and if contracted out would be approximately $250,000. Council Member Brock asked if there were the possibility of any federal funding. Rick Svehla, Deputy City Manager, stated that enhancements had been submitted and projects would be chosen later in the year. Money would be awarded state-wide so Denton would be competing with other entities for dollars. Consensus of the council was to proceed with the project. 4. The Council received a report and held a discussion regarding the release of ETJ area to Argyle and Bartonville and gave staff direction. Harry Persuad, Senior Planner, stated that in 1990 Denton had received a request from Bartonville and Argyle for release of property in the city's extraterritorial jurisdiction. The approximately 300 acres was situated southwest of Highway 407 and Highway 1830. Council considered the request and as the land was surrounded by Bartonville and Argyle and as the City did not have a long term interest in development of that tract of land so far from the city limits, direction was given that if the two municipalities would agree how to divide the area, Denton would release the property. Since then Bartonville and Argyle had been working on the division of the property. There was a proposal by Bartonville to annex Mr. Leesley's property which included the Double L Store. The City of Argyle was concerned about splitting the Stoneridge neighborhood. At a meeting held May 25, 1993 at the Argyle City Hall, Bartonville reiterated their earlier proposal to apportion the area along the rear property line, east of and parallel to Stoneridge Road. Residents west of the line had a consensus to not be annexed into a specific city and preferred to be in Denton's ETJ. After discussion, Argyle indicated that it would place the item on its July agenda for consideration. Staff's recommendation was to maintain the City's current position that the area would be released subject to both municipalities agreeing on division of the property. AgerdaNa aj_:~ AgeniW City of Denton City Council Minutes 09,9 June 15, 1993 Page 5 Council Member Cott asked why the City would want to release the property. Persaud replied that since the City did not have a strong interest in development of the tract and due to the fact that it was surrounded by two other municipalities, it would consider releasing the property. Council Member Cott suggested keeping tha property as the City might want to develop it in the future. Persaud replied that there were other areas in the ETJ which the City was doing for that reason. Mayor Castleberry stated that there were residents who did not want to be in either city. He felt that that should be kept in mind. Persaud replied yes. Council Member Miller stated that retaining the property would be a change in the Council's position and was the City prepared to communicate to Argyle and Bartonville that the Council had changed its position. If Council wanted to change its position, that needed to be communicated to the two municipalities. Council Member Brock stated that if the City decided to annex the property, the cost to provide utilities would be enormous. There was not enough potential in the area to cover the cost of development. City Manager Harrell stated that the property owner on the east side of tract had petitioned to Bartonville to be annexed into that city. Mayor Pro Tem Smith asked if there would be access from the rest of the ETJ into the property if the Leesley property were annexed by Bartonville. Persaud replied that access would close off completely. If any land were reieaned that land would no longer be in Denton's ETJ as State law stated that the land had to be contiguous. There were many areas is Denton's ETJ which had better development potential than this area. Council Member Miller stated that the purpose of the ETJ was for protection in development, etc. Not everything was for the benefit of the City. r I I ~ i g3 -a6 ACeada No Aaertda 17 City of Denton City Council Minutes ~O OT 6V June 15, 1993 U V, Page 6 Council Member Cott suggested keeping the property for future use or get a benefit from releasing it. Mayor Pro Tem Smith asked how the residents felt about annexation into the two cities. Persaud replied that nok everyone wanted to be in Bartonville. The consensus of the residents was that they did not want to be in any city. Comments from the residents indicated that if they had to be annexed they wanted to be with Argyle. After discussion, Miller s,igges.ted to continue with the City's present position which was agri:ed on by Mayor Pro Tem Smith and Council Member Brock. Consensus of the Council was to continue with the staff recommendation indicating a minority opinion to not continue with the release of the property. 5. The council received a report and held a discussion regarding proposed ordinance requirements for board and commission members; a date for the board/commission reception; procedures for nominating appointments to the boards/commissions; and gave staff direction. Debra Drayovitch, City Attorney, stated that in the Council back-up were the requirements for members to the City's boards/commissions. These were the conditions which the Council had imposed across the board for all members. There were spacific requirements for certain boards such as the Electrical Code Hoard, Historic Landmark Commission, etc. Notice was given to board/commission members when they took office as they signed an affirmation of qualifications. As this provision was in the Charter, it could not be changed unless a charter amendment were done. Council Member Miller asked if this provision was only for action boards/commission. Drayovitch replied yes. She suggested that the application form include a statement regarding contractual agreements with the City. Council discussed the conflict of interest provision, a possible "cure" period, and application of the provision to board/commission members. Council Member Cott suggested a reporting procedure to the City Manager for members who were 3 months delinquent to the City. gandaNo 3 -n 676 ageid~ifem S 93 City of Denton City Council Minutes 7dte ~ June 15, 1993 Page 7 O b Consensus of the Council was to continue with the current process and not institute a reporting procedure to the City Manager. Drayovitch suggested that the Council add the provision to the Code of Ordinances. Due to a time constraint, the remainder of this item was considered under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Ten Smith; Council Members Brock, and Cott ABSENT: Council Members Chew, Perry and Miller 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Council Member Miller joined the meeting. 2. The Council considered approval of the minutes of the Special Call Session of May 11, 1993. Smith motioned, Brock seconded to approve vote B r~ n as presented. rock aye , Cott, rlaye'r, Miller 'lays", " yOn roll Smith a ear Mayor Castleberry +layea Motion carrieu unanimously. imously, ~ and The Council considered Item 6.C. 6. Resolutions C. The Council considered approval of a resolution temporarily closing a portion of Rolling Hills Circle On June 26, 1993 for a block party. City Manager Harrell stated that this was a normal petition to close the street. Catherine tuck, Administrative Assistant, stated that the neighbors on Forrestridge had petitioned to have the street closed in order to have a block party. ~gentlaNo Agendai!e 93 - City of Denton City Council Minutes Date ?V June 15, 1993 Page 8 Dick Fulton, representative of the neighborhood, asked that the street be closed from 5:00 p.m. until 9:30 p.m. The following resolution was considered: NO. R93-038 A RESOLUTION TEMPORARILY CLOSING A PORTION OF ROLLING HILLS CIRCLE ON JUNE 261 1993; AND PROVIDING AN EFFECTIVE DATE. Cott motioned, Brock second to approve the resolution changing the time to 5:00 p.m. - 9:30 p.m. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council returned to the regular agenda order. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a 6.427 acre tract and detailed plan from the Agricultural District to the Planned Development District on property located west of the intersection of Pennsylvania and Southmont Drives, immediately south of St. Marks Catholic Church for the purpose of two (2) one family dwelling detached, agricultural uses, and a private cul-de-sac. (The Planning and Zoning Commission recommended approval.) (The applicant had requested this item be postponed until July 6, 1993.) City manager Harrell stated that a motion from Council was needed to postpone the item until the July 6 meeting. Miller motioned, Brock seconded to postpone the item until July 6, 1993. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Strith "aye'P, and Mayor Castleberry 00aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance designating 120 w. Oak as an historic landmark. (The Historic Landmark Commission and the Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that this was a request for historical designation for a building on the Square. There were a number of criteria which could be used to evaluate whether this structure should be approved for historical designation and the structure did meet a number of those criteria. The Planning and Zoning Commission recommended approval as did the Historic Landmark Commission. A Yj vX i genes No 3 r agenda Item I City of Denton city council minutes ate June 15, 1993 Page 9 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: I NO. 93-104 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 120 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The council held a public hearing to consider the preliminary and final replats of Lot 4, Block A of the Minter Addition, plus approximately 3.36 acres of unplatted land; into Lot 4R, Block A. The 3.539 acre site was located at the northern terminus of Newton Street, approximately 450 feet north of its intersection with Wilson Street. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that after the Planning and Zoning commission public hearing regarding this proposal, a reply form had been received from the Denton Independent School District. The reply form indicated that the DISD owned Lot 4 and Willie Hudspeth had indicated that he wanted to purchase that lot. As the purchase had not closed, the DISD did not feel it was appropriate to replat Lot 4 until the deal was finalized. Generally, it had been the practice that if one or more land owners indicated that they did not want property platted, the process was not continued. Staff would recommend to table the item until such time as all owners were prepared to plat. This situation had never occurred after the Planning and Zoning meeting. Had it occurred before the Planning and Zoning meeting, staff would have stopped the process. a t r] 3 Venda No Agend Item Date City of Denton City Council Minutes 6 June 15, 1993 Page 10 Council Member Miller asked if the case would come back through the Planning and zoning commission or would the Council postpone until such time as the sale was completed. Robbins replied that it would return to council. Miller motioned, Smith seconded to postpone the item until such time as the property had been sold. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Consent Agenda Council Member Brock asked to pull Item A.5. for consideration. Council Member Cott asked to pull item A.1. for consideration. The Council considered Item A.5. Council Member Brock asked if the medical director position was a State requirement for certification of the City's emergency technicians. Tom Shaw, Purchasing Agent, stated that this was a requirement by the State to have a licensed doctor oversee actions of the medical emergency personnel and also to certify the training and technical capabilities of the technicians. Dr, Parks also certified that these individuals had proper training and could administer drugs. Council Member Brock stated that the medical director would oversee any ongoing training. Shaw replied correct and that there was a slight difference in this contract over the last year's contract and next year as new legislation required additional hours to be spent with the emergency medical personnel. Council Member Brock asked how many proposals were sent out. Shaw replied four were sent out - one to each of the hospitals and one to two other contacts. Only one response was returned. Council Member Brock give stated that a provision was that the medical doctor was to give an annual report to City Council Shaw replied that this was a new item to be done in future. Council discussed item A.1. t i t agenda No, Agendaltem Date City of Denton City Council Minutes 3 Q 6 June 15, 1993 Page 11 Council Member Cott indicated that this was an expensive vehicle. Due to the fact that there were similar vehicles in the area, he questioned the need for the City to have such a vehicle. Shaw replied that the City had a wildland truck mounted on a forward chassis which was less expensive than the proposal purchase. Rick Svehla, Deputy City Manager, stated that the proposed truck had a lower center of gravity which provided more access and better ground clearance. The bigger unit also had more water capability with a better weps systam. The amount of open ground in the City was also a concern and felt that there was not a lot of equipment present to fight this kind of fire. Cooper Creek had a unit but even with their equipment it would not be enough. Council Member Cott suggested reconsidering this piece of equipment. Perhaps a smaller unit could be purchased for less money or possibly purchase more smaller units. City Manager Harrell asked if the time frame for the bid would allow postponing the award of the contract. Shaw replied that the council could wait 60 days if it desired. Mayor Pro Tem Smith stated that the truck would be replacing a 1966 model. Mayor Castleberry asked Council if they wanted to pull this item for consideration on the July 6 meeting. Smith motioned, Brock seconded to approve the Consent Agenda as presented. Council Member Miller stated that when he had questions of this nature regarding agenda items, he had asked staff for information prior to the meeting. If the Council had questions regarding the Consent Agenda items, it might be well to get that information in advance. if council waited until the meeting to get such information, it defeated the purpose of the Consent Agenda. He asked if the Hummer was quoted to all bidders so that all bid on the same vehicle. Shaw replied that the bids were put toget`.er where the chassis was the Hummer. All those responding were quoting the Hummer chassis. Different parts were bid but not the chassis. This proposal was bid once before and the bids came in over the dollar limit. Changes were made to bid and the proposal was rebid. a ~gandaNo g - agartdalt City of Denton City Council Minutes Date June 15, 1993 JM0~~6 Page 12 On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried with a 4-1 vote. A. Bids and Purchase Orders: 1. Bid 11502 - Wildland Fire Truck 2. Bid 11506 - Warrant Collection 3. Bid 11509 - Transformers 4. Bid 11511 - SCADA Software 5. RFP 11495 - Medical Director 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid 11502, 4.A.2. - Bid 11506, 4.A.3. - Bid 11509, 4.A.4. - Bid 11511) The following ordinance was considered: NO. 93-105 AN ORDINANCE ACCEPTING A COMPETITIVE BID 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. Smith motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried with a 4-1 vote. B. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Randy Parks, M.D. for professional services relating to the duties of a medical director. (4.A.5. - RFP 11485) The following ordinance was considered: NO. 93-106 AN ORDINANCE AUTHORIZING THE MAYOR TO E,._~UTE AN AGREEMENT WITH DR. RANDY L. PARK, M.D., FOR PROFESSIONAL SERVICES RELATING TO MEDICAL DIRECTOR OF EMS; AUTHORIZIN. THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING THE EFFECTIVE DATE. A' k AgrdaNO Agen~a item S Date 73 ~ City of Denton City Council Minutes U June 15, 1993 Page 13 Smith motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving a settlement in litigation styled Hunter v. City of Denton. City Attorney Drayovitch stated that she had received a call from the attorney for the plaintiff requesting the wording in the settlement be amended to include that the City Manager could approve the health care provider selected by the plaintiff. There was no legal objection to including that amendment as it did not affect the City's liability or total monies involved in any way. The following ordinance was considered: NO. 93-107 AN ORDINANCE OF THE CITY OF DEN'TON, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF HUNTER V. CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance with the amendment as stated by the City Attorney. On roll vote, Brock ilaye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The council considered adoption of an ordinance providing for the indefinite closing of Westgate Drive north of Barrow Street. (The Citizens Traffic safety Support Commission and the Planning and Zoning Commission recommended approval.) Jerry Clark, City Engineer, stated that this request would close Westgate 'ive north of Barrow Street. The neighborhood had been protected from construction traffic during the Mall construction with a temporary closure. If the road were reopened, it was felt that the rural, low volume characteristics of Westgate would be changed due to people trying to access the outlet mall and other associated Hunt developments or short cut around US 380. This issue had been before the neighborhood, Citizens Traffic Safety Support Commission and the Planning and Zoning Commission with all recommending approval. In a related matter, the owners of Exposition Mills had asked to keep the short section of Westgate south of their property closed. This piece of Westgate would eventually curve back to Loop 288. It was not needed for access to the Mall. Since it was concrete and the owner had agreed to extend the maintenance and warranties on the road, it would be a benefit aro City of Denton City Council Minutes f%U I June 15, 1993 Page 14 to leave the road closed. Council Member Brock agreed that Westgate would not be appropriate as a collector of arterial street and that it would cost a great deal to upgrade the street. She asked how staff planned to design the permanent closure. There was one house beyond Barrow Street and was concerned that that driveway would be used as a turnaround. Clark replied that with the brown property, there would have to be an angular configuration to provide access to Bonnie Brae. A cul- de-sac was of interest to the neighborhood. The location of the cul-de-sac could be determined later based on cost, design needs, and citizen input. The following ordinance was considered: NO. 93-105 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE INDEFINITE CLOSING OF WESTGATE DRIVE NORTH OF BARROW STREET; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance providing for designation of parking spaces for exclusive use of compact cars on portions of Elm Street and Locust Street= providing for a penalty not to exceed $200 for violation thereof; and providing for a saving clause. (The Citizens Traffic Sat by Support Commission recommended approval.) Jerry Clark, City Engineer, stated that approximately 50 spaces had been added to the Square from the original parking configuration. Angle parking was done only when there was a need to coexist with a different type of structure such as the Square. When the angle parking was added, line of sight problems were noted on Elm and Locust/Pecan where larger vehicles obstructed the line of site for traffic. Staff had received many comments and complaints regarding these obstructions from citizens. Two options were to correct the line of sight or remove the parking. By changing to compact cars, the line of sight problem would be solved. Council Member Miller asked iP the signs at the spaces would indicate the type of vehicle to park in those spaces. gbnn,jaNo col. W ' 9~ale City of Denton City Council Minutes June 15, 1993 Page 15 Clark replied that the signs would indicate compact cars but that a designation such as no trucks or vans could be added. The following ordinance was considered: NO. 93-109 AN ORDINANCE OF THE CITY OF DF',ITON, TEXAS, PROVIDING FOR DESIGNATION OF PARKING SPACES FOR EXCLUSIVE USE OF COMPACT CARS ON PORTIONS OF ELM STREET AND LOCUST STREET; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATION THEREOF; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Smith seconded to adopt the ordinance. On roll vote; Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Department of Health to provide full cost grant funding in the amount of $20,000 for upgrading the fluoridation system at the City of Denton Water Treatment Plant. (The Public Utilities Board recommended approval.) Howard Martin, Director of Environmental Operations and Financial Administration, stated that the City had applied and received favorable consideration for a $20,000 grant to upgrade the current fluoridation system at the Water Treatment Plant. This would involve a change from a dry to a liquid fluoridation system. There would be approximately $3700 savings in chemical costs and would eliminate lifting requirements for employees. Council Member Brock asked if there would be any cost to the City. Martin replied no that matching funds were not required. The following ordinance was considered; NO. 93-110 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF HEALTH TO PARTICIPATE IN A GRANT PROGRAM ADMINISTERED BY THE TEXAS DEPARTMENT OF HEALTH FOR THE PURPOSE OF UPGRADING THE CITY'S WATER TREATMENT PLANT FLUORIDATION SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS PURSUANT TO SAID AGREEMENT; AND DECLARING AN EFFECTIVE DATE. y9~QeN0 ~ ~ Volt ;geodaitem,~~~^ City of Denton city council Minutes June 15, 1993 Page 16 Brock motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing the City Manager to act on the City's behalf in paying settlements in an amount not to exceed $5,000 and in executing compromise settlement agreements and releases approved as to form by the City Attorney in lawsuits filed by or against the City. City Manager Harrell stated that this ordinance would streamline operations for these types of agreements. Council Member Cott indicated that he would be more comfortable with a sum total limitation, City Manager Harrell replied that the policy stated that the limit to be approved by the City Manager would be $50000, Council Member Cott asked how many agreements could the City Manager sign off on. City Attorney Drayovitch replied that if the expenditure involved to settle the lawsuit was $5,000 or greater, it would have to be approved by council. Council Member Cott stated that per item, the City Manager could authorize $50000. He asked how many different items could the City Manager approve without coming to Council. City Manager Harrell replied that it would depend on how many lawsuits would be filed against city and how many of those would be under the $5,000 amount, Mayor Pro Tem Smith asked if some type of reporting procedure could be devised to inform Council of the type of suit and the settlement. City Attorney Drayovitch stated that that wording could be written into the resolution or could be done informally. Mayor Pro Tem Smith felt that it was important for the Council to be informed of any suit settled in that fashion. Council Member Brock stated that it was not so much the money as it was the types of issues settled against the City. Iowa No Anend Item Gate w City of Denton City Council Minutes 6 June 15, 1993 Page 17 City Attorney Drayovitch stated that there might be some suits under $5,000 which would be brought to the Council for approval. The following ordinance was considered: NO. 93-111 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING SETTLEMENTS IN AN AMOUNT NOT TO EXCEED $50000 AND IN EXECUTING COMPROMISE SETTLEMENT AGREEMENTS AND RELEASES APPROVED AS TO FORM BY THE CITY ATTORNEY IN LAWSUITS FILED BY OR AGAINST THE CITY; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance approving the City of Denton sewer use ordinance that revises the existing Denton Sewer Use Ordinance to include technically based local limits and pretreatment program modifications. (The Public Utilities Board recommended approval.) Howard Martin, Director of Environmental Operations and Financial Administration, stated that since the last review of the document by Council, the Public Utilities Board had held a public hearing regarding the ordinance, industry and commercial representatives provided input and staff had also solicited informal comments regarding the changes. Changes to Section 26.157 -,larified how to +letermine the characteristics and concentration of wastewater. Council Member Cott felt that in Section 26.155 termination of services needed to be a Council decision. Martin replied if it were found that an industry were in violation and staff had worked with the industry to try and eliminate the discharge but were unable to do so, a "notice in order" would be sent. That notice would outline the number of days in which the industry had to abate the violation. If the industry disagreed with the "notice in order", they had an opportunity to file an appeal and the appeal would be heard by an Environmental Appeals Committee which was made up of members designated by the City Manager. Staff would follow the outcome of the Appeals Committee. In the case of an emergency termination, the Director of Utilities would have the authority to immediately terminate services but upon termination, the industry had the right to file an appeal which would go back to the Appeals Committee. The members and number of VndaNo q3z: ;Qsp_ Ageida Item Oale _I Q3/ City of Denton City Council Minutes June 15, 1993 Page 18 members would be determined by the City Manager. This was what was outlined in the current ordinance. Council Member Cott stated that he did not have a problem with the Director of Utilities dealing with an emergency suspension or emergency discontinuance but an emergency termination was very final and felt that that was a Council decision. Martin replied that an emergency termination would take place immediately but would be subject to the outcome of the appeal. If the Appeals Committee determined that the industry should be reinstated, that would be done. Council Member Cott felt that a final decision needed to be done by council. Mayor Pro Tem Smith felt that the termination or discussion of whether or not the company was fulfilling their part of the contract was a managerial decision. If it went all the way through the appeal procedure it might come to council but the Council did not have a place in the management of that particular company which had contracted with the City. That should be left to the management team. Council Member Miller stated that if a company were terminated, they could be reinstated. The termination was not forever. Martin stated that if the company abated the violation, they would be reinstated. Council Member Miller stated that with that condition, it was a management decision and not one to come to Council. Council Me:aber Cott stated that once all of the discussion between all levels of staff had been completed and if they could not agree and the company was asked to close operations, then that should be a Council decision. Mayor Castleberry asked Council Member Cott if what he was saying was with the appeal process, the Council should be the ultimate decision maker. Council Member Cott replied correct. Martin replied that council members could be placed on the Appeals Committee. City of Denton City Council Minutes June 15, 1993 Page 19 Mayor Castleberry asked Council if they were interested in being a part of the final appeal process. Mayor Pro Tem Smith and Council Member Brock both felt that they did not want to be part of the final decision making process. Council Member Brock felt that the conditions were very clearly defined and the standards very well defined. She could see kinds of political pressures placed on the Council to not close an industry whereas if a routine were followed there would be a more objective basis. Council Member Miller felt that the nature of Council-Manager form of government allowed for a built-in appeal process. Martin continued with the proposed changes in the ordinance. Section 26.160 addressed the issue of confidentiality and outlined those procedures. Revisions in Section 26.202 changed the amount of time from 180 to 60 days. Section 26.202 clarified what items and issues would be addressed in a complaint schedule. Changes in Section 26.187 deal with changing the heading from "metals" to "pollutants" to include cyanide and the footnote which indicated that the total values were for pollutants. Section 6 eliminated some of the requirements and left the concentration of limits. Council Member Cott questioned the granting of a permit to a "person" and where would a corporate entity fall in that definition. Martin replied that in the definition section of the ordinance the term "person" was defined to address that issue. The following ordinance was considered: NO. 93-112 AN ORDINANCE AMENDING ARTICLE V ENTITLED "DIRECT AND INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO "UTILITIES" BY REPEALING SECTIONS 26-151 THROUGH 26-208 AND ADOPTING NEW SECTIONS 26-151 THROUGH 26-209' PROVIDING FOR THE P.EGULATION AND CONTROL OF WASTEWATER DISPOSAL FACILITIES AND PRACTICES INCLUDING FEDERAL GENERAL PRETREATMENT REGULATIONS AND CATEGORICAL PRETREATMENT REGULATIONS; PROVIDING THE PURPOSE AND SCOPE OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING PROCEDURES FOR ABATING VIOLATIONS; PROVIDING A MEANS FOR DETERMINING THE CHARACTER AND CONCENTRATION OF WASTEWATER; Venda NO fF I City of Denton City Council Minutes 1X7 June 15, 1993 Page 20 PORIVIDNG FOR THE APPROVAL OF PLANS, ISSUANCE OF PERMITS AND INSPECTION OF FACILITIES AND RECORDS OF APPLICANTS RECEIVING CERTIFICATIONS; REQUIRING CONNECTION TO SANITARY FACILITIES; PROHIBITING THE DISPOSAL OF CERTAIN WASTEWATER INTO THE POTW; DISTINGUISHING BETWEEN SIGNIFICANT INDUSTRIAL USERS AND OTHER USERS AND PROVIDING PROCEDURES FOR SIGNIFICANT INDUSTRIAL USERS TO OBTAIN PERMITS; PROVIDING PROCEDURES FOR MONITORING COMPLIANCE WITH PERMITS AND REVOCATION AND SUSPENSION OF PERMITS; PROVIDING FOR CIVIL AND CRIMINAL ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, l'aye'r, Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council considered establishing fees to be paid in relation adoption o an application ordinance renewal of a loading zone. (The Citizens Traffic Safety Support Co tinission recommended approval.) Rick Svehla, Deputy City Manager, stated that with the prior loading zone ordinance the costs of the zones were not set. This ordinance would set those costs. Prior cost for a loading zone was $120 initially and $75 for renewal. The Citizens Traffic Safety Support Commission felt that the fee should remain the same each year. The following ordinance was considered: AN ORDINANCE ESTABLISHING FEES TO BE PAID IN RELATION TO AN APPLICATION FOR OR RENEWAL OF A LOADING ZONE; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "nay", Cott, "nay", Miller "aye", Smith "aye", and Mayor Castleberry Ilaye". Motion carried with a 3-2 vote. (NOTE: DURING THE DISCUSSION OF ITEM S.L. IT WAS DETERMINED THAT A PASSING VOTE OF THE COUNCIL CONSISTED OF AN AFFIRMATIVE MAJORITY OF THE TOTAL COUNCIL MEMBERS AND NOT AN AFFIRMATIVE MAJORITY OF A QUORUM OF COUNCIL MEMBERS AS NOTED IN SECTION 7.5 OF THE CITY COUNCIL RULES AND PROCEDURES. THUS THE VOTE ON THIS ORDINANCE WAS NULL AND VOID.) oenda No ~ 'Q' ~aencfa Stern City of Denton City Council Minutes 3a t- t) o June 15, 1993 Page 21 J. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and HDR Engineering, Inc. for professional engineering services for the sanitary landfill development. (The Public Utilities Board recommended approval.) Lee Allison, Director of Engineering and Operations, stated that the Public Utilities Board and staff recommended approval of the agreement. Negotiations for some of the non-operating arrangements of the contract were continued through this afternoon and were included in a draft given to Council. Even with approval of the ordinance, it was recommended at the City Attorney review the options to make sure the changes were made correctly. The contract did not include the scope of services for a master plan but did include Phase II to address Subtitle D regulations and the expansion of the existing landfill and Phase III which was the analysis and permitting for the expansion of the landfill. Phases IV, V and VI were optional. Mayor Castleberry asked what changes were made during the day. Allison replied that they were in the indemnity sections of the ordinance. The hazardous waste provision indicated that HDR would not be liable for hazardous wastes already on the site which might be buried and not known to them. It did not exclude or eliminate any negligence, error or omission conditions. Council Member Cott stated that in the absence of an overall plan, he felt that he had termined the total of taking the system private. Exhibit 5 icated that between now and 1998, the CIP would be $80800,000 ...th approximately $1.5 million spent so far. The capital costs would be approximately $10 million. Allison replied correct according to the current estimates. Council Member Cott stated that it appeared that the solid waste revenue per the 1992 annual report was approximately $3,900,000 and the expenses were approximately $3,900,000. That appeared to be holding for Lhe next four to five years. Allison replied correct. The following ordinance was considered: aQeoda Nn _ 4gent'a item 17 City of Denton City Council Minutes y~6 June 15, 1993 Page 22 NO, 93.113 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SANITARY LANDFILL DEVELOPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried with a 4-1 vote. K. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and American Appraisal Associates, Inc. for professional services to conduct an inventory of City assets. Kathy DuBose, Director of Accounting and Budget Operations, stated that in response to a recommendation made by the independent auditors in their management report to Coun,.-il in January and as discussed at the last meeting, this ordinance would authorize an agreement with American Appraisal Associates to perform a fixed asset inventory including valuation of assets and installation of an asset management system. Total cost of the project would be $76,975. The following ordinance was considered; NO. 93-114 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND AMERICAN APPRAISAL ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO CONDUCT AN INVENTORY OF CITY ASSETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Miller seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. L. The Council considered adoption of an ordinance authorizing the Mayor to execute a contract for the collection of delinquent taxes. John McGrane, Executive Director for Finance, stated that at the last meeting, Council directed him to begin negotiations to secure a contract with McCreary, Veselka, Bragg and Allen and Hayes, Coffey and Berry for the collection of outstanding delinquent i ~lendaNo 3 ~ City of Denton City Council Minutes 1`J U f June 15, 1993 Page 23 taxes. The contract which was negotiated included what was basically in the prior contract but also included a provision for the providing of rental space to the firm at a monthly fee of $750 per month. It included a section which prohibited the firm from representing any client who had an adversary position with the city of Denton during the duration of the contract. Another difference was that the contract provided for a month to month extension of the contract at the end of contract if so desired. Due to the short time frame to present this to Council, the City Attorney had not reviewed the contract prior to delivery of the agenda back-up. Since that time, it had been reviewed and had negotiated other changes. One of the changes provided for a termination for cause under the contract which was similar wording to the prior contract. It also stated that the reports to be furnished on a monthly and quarterly basis would be determined by the Executive Director for Finance. Mayor Pro Tem Smith asked what was to be gained by the firm having office space in City offices. McGrane replied that it would allow them to do work in updating the files. The City would provide them a work area and a terminal to do that. This would relieve City staff from having to do those updates plus the $750 rental fee. Mayor Pro Tem Smith asked if the City staff had been doing those updates. McGrane replied yes. Mayor Pro Tem Smith asked if the $750 would cover the expense of providing the space and the cost involved. McGrane replied that at the present time, it was felt that it would adequately cover the costs. Council Member Brock stated that one change was for a month to month extension of the contract unless there was written notice by either party to terminate the contract. This essentially would be an open ended contract. Currently there was automatic review because the contract had a definite ending date. This would not be an automatic review. McGrans replied that the City would have to give written notification at that time. The reason that language was included was that selection of tax collection attorneys was a difficult process and if it were desired to extend a contract for a period of time, the option would be available. Undor the current contract, r ~and~Ne - 2 +aendai!arr_`-- nrr_ City of Denton City Council Minutes q~6•'6 ' June 15, 1993 Page 24 that option was not available and extension woull be required for the same amount of time that the contract originally stated which was two years. Council Member Brock asked the City Attorney if the City could not provide for a 30 day extension of present contract. City Attorney Drayovitch replied that it could be done under a separate agreement. An agreement to extend a contract on terms other than what was included in the contract would be a new agreement. council Member Miller stated that he had voted for approval to prepare the contract and ha was still behind that vote but there was some information which had come to light that based upon the whole scenario of how the process proceeded, he felt a need to do further investigation to do justice to making a decision on the contract. Miller motioned to postpone the decision on the ordinance for two weeks to be considered at the June 29th meeting to be able to clear up some information. With most of the Council's decisions, council received information at one time and made decisions from that. Because of the way this proposal had unfolded, Council was receiving information, acting on that information, receiving additional information and acting on that second information. He felt that the information process on this item was still under way. Council Member Cott asked if Council Member Miller had new information. Council Member Miller replied correct and that he would like to explore that information further. council Member Cott seconded the motion for the purpose of discussion. Council Member Cott stated that if there were new information, then the council needed to know that information and if not, the Council might be putting themselves in a position of a prosecutor. Did Council Member Miller have information which was not available last week and not information about how information was received last week. Council Member Miller stated that he had received information today addressed to the Mayor and Council. Apparently not everyone received that information. That information should be made available to all members between now and the next meeting. 4gendaNo Agendaallem ~JTB -L ~ 3 City of Denton City Council Minutes June 15, 1993 b b Page 25 Mayor Castleberry indicated that he had not received the information. Mayor Pro Tem Smith indicated that she had also received the information. She agreed with Council Member Miller that this had snowballed in effect. She did not agree that the Council was the prosecutor but they were the judges and they had to make the decisions. She felt that the Council owed it to both firms and to the Council and to the citizens to know as much about the process as possible. Council Member Cott stated that the Council should have had this information last week. Mayor Pro Tem Smith stated that had the council known what they had since learned....... Council Member Cott replied that that was the nature of deciding on the Council. Council Member Miller stated that the problem was the way the whole situation had developed. The information received last week should have been received before that meeting. Each step generated more information. His reasons for arriving at his prior decision still stood subject to clarification of these issues. There war, not time to consider that information prior to the meeting. Appare:tly not everyone had access to the information. It had been a very unusual information flow process but it was information which he felt deserved consideration. Council Member Brock felt that this process needed to be started earlier. She felt that the Council had been rushed to make a decision due to the time frame. She had voted last week on the basis of performance. Her question then had been was the current firm done a good job for the City which ultimately meant had the firm collected the most money for the taxpayers. Had this boen a cost effective contract for the City. Her answer to that was yes unless there was something which was an immediate problem which applied to Denton. Several people chose to change the firm on the basis of information which was given to some members of the Council rather late in the process. These were issues which involved professional ethics. Since that was the justification which was given by those who voted to change the firm, she felt it was appropriate that the Council have an opportunity to evaluate information in that direction. Mayor Castleberry asked if anyone other than Council Member Miller received the information. yy 9 Y t qanda No iQardaltpm~ wp Z~Q City of Denton City Council Minutes Ale -f 6 4 June 15, 1997 00 l7 Page 26 Mayor Pro Ter Smith and Council Member Brock indicated that they had received the information. Mayor Castleberry indicated that he and Council Member Cott had not received the information. He felt it was unfortunate that communication to the council only went to some members. He wondered why that was on the last day prior to final consideration of the contact. Council Membe: Brock stated that she felt the same way about the accusations which were brought against the Heard firm. She did not receive a copy of that information. She saw it only just before the meeting. It had been apparently hand delivered over the weekend when she was not available and st,F did not have an opportunity to study that n.+terial or investigate the validity or ask any questions about it. on the basis of that material which was received by some members of the Council, people made their decisions. She did not feel able to make a decision based on that material of unethical legal behavior. She felt that that was the same situation as with this new information. Mayor Castleberry stated that Council Member Brock was out of town on the weekend. Council Member Brock replied correct but she had a mailbox and a house and when she came home, that information was not available to her. Mayor Castleberry stated that it was very unfortunate that all Council present at the meeting were available during the day but not everyone received the information which made it difficult for those who did not to be informed. Council Member Cott indicated to Council Member Brock that he had made a decision partially based on that, having discussed at length what he had received from Mr. Hayes with Mr. Gregory. He knew that council Member Miller had just spent a great deal of time on the phone with him. He suggested to Mr. Gregory that he bring the individual so that Council could ask him about the information received regarding the indictment from the State Bar As3ociation. He agreed with Council Member Miller that this was one of the most agonizing decisions he had to make. He felt that there was an integrity of the Council to uphold. A decision had been made. Someone had some business, someone tried to get the business based on many different aspects. Business people were in that position all of the time, He felt that if there were new information on the firm the Council had chosen, that needed to be considered for the next contract. He felt it sent the wrong message if council e k f i i -a QendaNo tasnda Clem au City of Denton City Council Minutes IV9 June 15, 1993 Page 27 changed its vote. A final vote had been made and he requested that Council continue that vote. Mayor Pro Tem Smith stated that the vote was a preference, not a final vote. She had three problems with the contract. She felt that there were several problems to work out. If the council was basing their votes on ethics, then Council needed to look at everyone's ethics. She felt that was a very important step which needed to be taken. Council Member Miller stated that a final decision had not yet been made and he was not at this point asking to raverse the decision. He was asking to postpone a decision for two weeks to be able to deal with the information which had come to light. He understood what council Member Cott and Mayor Castleberry were saying about how the information came but could not see any difference in how he received information two weeks beforo. That information hi was told he received because of what had happened the week before that. He agreed that it had to stop sometime. Council Member Cott stated that both firms were present and suggested that if the information was about one of the two firms or about these two gentlemen, that perhaps Council should allow them to address the issue. Council Member Miller stated that that would be acceptable to him. Mayor Castleberry stated that since the gentlemen were here, would it be acceptable to the Council to hear from them at this time. City Attorney Drayovitch asked Council Member Miller if he agreed to amend his motion to ask that the Council be presented with presentations from each firm. Council Member Miller and Cott withdraw their original motion and second and motioned and seconded to hear from the firms. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "nay", and Mayor Castleberry "aye". Motion carried with a 4-1 vote. Mayor Castleberry stated that Council would be willing to hear from anyone present who would like to speak to this. Council Member Cott asked what were they going to speak about. Council Member Miller had some information..... Council Member Miller asked the firm of Hayes, Coffey and Lftrry if they were prepared to discuss the information. He stated that one of the things from the very beginning, even at the study session, A V, Y. f 1 s +Qenda No Agenda It City of Denton city council minutes bye June 15, 1993©6 6 Page 28 which he had been concerned about was the issue of conflict of interest. If a law firm represented the City, it did not work bnth sides of an issue. It was his understanding that there also was an ethical issue with a lawfirm, that when they represented a client that they represented the client and not cases in opposition to the client. That was discussed last week and was put into the contract. He received information which indicated that the lawfirm of Hayes, Coffey, and Berry as attorneys for the Denton Independent School District had also appeared as counsel for clients as lien holders which was in opposition of the position taken by the DISD. His first reaction to that was that it was the School District's problem and not the Cityla. He had done some checking and found out that even though it was not in the contract, that vas what was expected. The information was that the firm had represented clients who had a legal issue with the DISD at the same time that they represented the DISD. He felt that that was a question of ethics and since the question of ethics had been raised all the way through the process and even though it was not a part of his vote, it had been a part of other's votes and should be addressed. He wanted to sit down in private with the firm to discuss the information. His vote was still the same but he wanted to hear what the firm had to say about the information. Bryan Berry - Hayes, Coffey and Berry - stated that they had no conflicts with the City. They had checked with their computer and had been to the Courthouse to verify that there were no potential conflicts. He felt that there had been no more extensive investigation by a firm than they had done. They had a different contract with the DISD as they were legal counsel and not their tax collector. They had a very close working relationship with the DISD such that they were informed of every decision they made. Representing a lien holder was not in opposition to the DISD. With a piece of property and the taxes position, the DISD would be paid prior to any lien. What they were doing was protecting their client's interest for anything which was left over. However, they had, at this time, no conflicts with the DISD even though in the past when they had had them they had informed the DISD and had worked closely with the people so that there was nothing hidden. There were some old items which had been dismissed. Neither the McCreary firm nor the Hayes, Coffey and Berry firm nor the joint venture had any conflict whatsoever in any way with the City on any of its files at this time. They had never had a conflict regarding delinquent taxes. The firm and joint venture from both sides had been policed and there were no conflicts that they were aware of. If there were, the City had an out clause and hoped that the firm, if one did show up unknown for whatever reason, would be able to divest of whatever was required. C i ti Benda Nn Agendallem City of Denton City Council Minutes June 15, 1993 516 rp Page 29 t! 6 Council Member Miller stated that the firm was the legal counsel for the DISD. Berry replied correct that they were not their tax collector. Council Member Miller asked if they represented lien holders and in effect, might prevent the DISD from collecting taxes they would have otherwise collected because they were legal counsel. Berry replied no that in fact, in certain instances, they found money which had been lost in bankruptcy court because they were following up on ether leads. In bankruptcy court, taxes were a priority along with administrative costs. Council Member Miller stated that there were no legal services which they provided that would deny the DISD any revenue they would otherwise receive if it were not for legal services being rendered by their firm. Berry replied correct. Council Member Miller stated that if council voted on this based on what Berry had said this evening and it turned out later that this information was not correct, did Berry feel that the City would have reasons to invalidate the contract with them. Council Member Cott indicated that he would. Berry replied that at that point, their only recourse would Le to ask for time to correct the problem. Council Member Miller indicated that he was trying to clear up what legal services they were providing and that if it did not involve the collection of taxes, then what dispute there might be with the DISD. Richard Hayes - Hayes, Coffey and Berry - indicated that while Council Member Miller had briefly discussed the information with him, he did not have any cause numbers or numbers of lawsuits which Miller had concern about. From the research they had done, their records showed that of January It 1992 they had five tax suits which involved Denton County , the DISD or the City of Denton. As of today, there were two tax lawsuits which were still pending where they were the attorneys of record for the First State Bank of Denton where the Bank was a lienholder. In the two lawsuits mentioned, the firm prepared motions to substitute counsel and were signed off by the other firm and the Court had entered orders to do so. Those were on City deals and not DISD deals. The firm had k +genda No ~ r 4genda~lem City of Denton City Council M?nutes ~3fP June 15, 1993 Sao ~6 Page 30 never been in an adversarial position with the DISD. The State Bar rules on conflict dealt with a conflict on the same subject matter. There were many instances where a firm might represent one individual on one matter and another individual on another matter yet those two people might be adverse otherwise. Council Member Miller asked if collection of taxes would be a conflict. Hayes replied that he could not recall a single instance when it was not a case of getting the taxes paid as fast as possible and had been a major financial institution such as the First State Bank. Council Member Miller stated that the firm's intervention at that point triggered the paying of taxes and did not change their position of priority in their lien. Hayes stated that if there were any pending lawsuit which he was not familiar with, it was only because the person collecting those taxes was not pursuing the suit. Because if it had been pursued, it would have been discovered. Council Member Miller asked Hayes to address the other issue they had discussed. Hayes replied that there had been an entity by the name of Jett Development which had some back taxes due at one time. That issue had been brought up in 1991 when the firm had made a response to the City's request for proposal. At that time, he remembered that at that point there were no properties owned by Jett Development. They had filed a final federal income to.: return in 1991. The Council had a proposal by a joint venture of McCreary, Veselka, Bragg and Allen and Hayes, Coffey and Berry and that joint venture owed no one any taxes. one of those joint ventures, Hayes, Coffey and Berry, had an individual (Richard Hayes) who at one time was a member in a partnership which had some back taxes which were due for prior tax years. As of the time that the last request for proposal had been sent, there were no real estate taxes owed by that entity. Richard Hayes, the individual, had never owed any back taxes to the City, County or DISD. Council Member Miller stated that one of the reasons he voted as he did was that there seemed to be more of a partnership between Hayes' firm and the McCreary firm. Hayes had mentioned to him that the firm would to provide local services. He asked Hayes to review what the firm would do differently in terms of the partnership and the kind of local services which would be performed under the contract. Agenda No Agen allam s - City of Denton city council minutes Jt 3 b June 15, 1993 Page 31 Hayes replied that the firm was a litigation lawfirm with a governmental section which did much governmental work. The firm represented the DISD an-1 a number of other small cities in the County. There were six attorneys in the firm who went to the Courthouse on a regular basis and who would continue to so. They hoped that by adding the dimension of a local lawfirm which would go to the Courthouse on a regular basis there would be an added incremental boost of the tax collections. It was hoped that by bringing in a local firm which would go to the Courthouse on a regular basis, a total tax collection system would be given to the City. Mayor Pro Tem Smith asked when the arrangement with the McCreary firm was formed. Hayes replied it was in April during Denton County Days in Austin. Council Member Brock stated that in the suit filed against Hayes as a partner of Jett Development for collection of delinquent taxes, was there a suit filed by the City, DISD and County in 1988-89. Hayes replied that all of those taxes were paid and were styled against the real estate partnership. Council Member Brock stated that there was a judgement for the three entities and an order of sheriff's sale announced and before the Bale, Hayes paid the amount for each of them. Hayes stated that in 1983-85 Richard Hayes was a real estate genius. Like many others, he bought high and the market turned down. He was a member of a number of partnerships and corporations that went out and bought real estate. Eventually all of the real estate was sold. In that particular case, the taxes were paid, maybe not on time but were paid. He stated that there were other partners in the entities or other share holders in the entities and all of those without exception fell by the wayside and that everyone looked to a single individual in those entities to satisfy those as best as he could individually. Sydna Gordon - Heard, Goggin, Blair and Williams - stated that she had tried to get the information to everyone but had run out of time. There were two issues which she felt were important for the Council to consider. As Council Members Miller and Cott had indicated, the issue of ethics had been quite important in the council consideration. Which was why she was surprised to hear an attorney indicate that he could represent two clients on different sides of an issue and it not be a conflict. It was true that in a regular tax case in State Court, that the tax liens were superior k 3,genda No. _ Agenda Item ate 1516 City of Denton City Council Minutes June 15, 1993 Page 32 to all other liens except for some situations in personal property. In bankruptcy situations, all lien holders were competing for the remaining assets. Tax liens, especially on real property, had a special status but that special status could be eliminated. It was her observation that one client or the other would not be fully represented and felt that an attorney had a duty to wholeheartedly represent a client and not have any conflict at all. She did not see how an attorney could appropriately represent a client when they had a client who had an opposit-a interest. She had asked members of the DISD Board if the District had granted permission for Hayes, Coffey and Berry to represent other clients who would be on the other side of a tax case. She was told that no such request had come to the Board. The second issue was the performance issue. Mr. Hayes continued to talk about 1011. If the City of Denton's year end audits were looked at, it would be discovered that the tax collections for the year were also over 1001. What was being added in that fiscal year was all of the current year taxe3 which were collected plus prior year delinquent taxes which were collected. That was a combination of collections which was done by staff and by the delinquent tax firm. In order to take a good look at what a delinquent tax firm was doing, there needed to be a look at what was turned over and what was collected. When the Heard firm was competing against the McCreary firm and others for the DISD contract, they looked only at what was turned over to them for collection and not a combination of what was collected by staff. For each of the past five years, the Heard firm for the City of Denton had outperformed the collections for the DISD. The Heard firm had never represented a client on the other side and would appreciate consideration now and in the future. Council Member Cott stated that what Gordon was saying was that there was a question of ethics in her mind as to what the Hayes firm did in representing the DISD and First State Bank. Gordon replied yes. Council Member Cott stated that this was a public record and the ethics writing association of her industry, whatever it might he, did not bring any charges and they knew about it at the time. Gordon replied that it was up to the client to do so. It was her understanding that the School Board had been unaware of that. Council Member Cott stated that unless it was something which had been tried in the proper jurisdiction and he was not saying that it did or did no happen nor that it was right or wrong, it seemed to him that if the State Bar or the ethics committees in the industry had done nothing about this, then it was her opinion and Richard's 4peneaNo. R Apendafte car City of Denton City Council Minutes Dais June 15, 1993 JC Q / l_ Page 33 ID opinion and perhaps even his. His second question was on p Brock# that he erformance and he wanted it known, especially to Council Member second decision monaethics.irs He believed thatrfthearequest for proposal was identical for everyone, He had read the request for proposal and everyone had the chance to present statistics and it was the Heard firm which used a different 12 month calendar. Gordon replied that she did not recall that the request for proposal indicated which calendar to use. Council Member Cott stated that the way cash flowed, if January to December were used versus February to January, there would be all kinds of different figures depending on collections, etc. So actually what was happening was that the numbers had to be backed out, which he did, and on a twelve month basis, the figures were identical if the same 12 months were used. Gordon replied she did not know what numbers Council Member Cott backed out but if the turn over were taken...,. Council Member Cott asked Gordon if he were right that there were different twelve month periods. Gordon replied that the other firm used the City's fiscal year and combined the City's collections and their collections and gave a 100% Council Member Cott asked what Heard that used. Gordon continued a loot total. The Heard firm used the amount which the city turned over for collection and did not include in what they had collected Council Member Cott asked what fiscal year was used. Gordon replied that they used from July to June which was the period of time in which the delinquent tax collection contract ran. The City turned over the uncollected current year taxes to them on July 1. Council Member Cott asked what was everyone asked to use. There was an attempt to analyze cash in January versus cash in July. Gordon replied that there was not a direction to use a particular period of time but,,,. Benda No, - 4gendaltem Date City of Denton City Council Minutes J 6 Q ~j~ June 15, 1993 Page 34 Council Member Cott stated that the concept of performance had to be analyzed by the monthly flow and in analyzing the monthly flow, it was identical. Gordon stated that she was not sure what Council Member Cott was talking about in regards to monthly flow. If the discussion were about the amount of collections which came in per month, it would vary month to month. Sooner or later a look would have to be made at how much had the firm collected of what was turned over to them to collect. Council Member Cott stated that that was one answered correctly but the second equation was over time and the time had to equate as well. In certain months of the year more would be turned over or less to be collected. Gordon replied that it was all turned over at same time. On July 1 all uncollected taxes would be turned over. Council Member Cott stated that the method to judge how a firm performed on what was turned over, in his opinion, was on a fiscal year basis and that was the reason he made his decision. In addition to which, he did not know that this was a kind of an issue which was as strong ethically as they were being concerned about and if so, the Heard firm should bring it before the State Bar Association. i Gordon replied that they did not make it a habit to do that.... Council Member Cott stated that in essence the Heard firm was doing that at the Council. Gordon replied that their ethics had been called into play and she felt that if what the Council war going to look at was ethics, then it should have all of the information concerning all of the firms being looked at and..... Council Member Cott replied that the Council did and felt that the Council was not legally qualified to judge that. He felt that if the Council saw a State Bar Association analysis of this, he would agree with her. Gordon replied that the State Bar, on its own, did not bring this type of complaint. They were made by some third party such as another lawyer depending on the situation but generally was a former client, she thought that it would be useful for the council to have all of the information about all of the firms. They believed that their performance was exemplary and she had yet to r +gendaNo Agenda llem ate 1-Z6 City of Denton City Council Minutes J; b~ June 15, 1993 Page 35 see any figures brought to the Council from either the DISD when McCreary represented them or the County which told the Council what percent of the roll which was turned over was collected. That could be as much as a 20% difference. She asked Council to consider historical performance as a major reason to chose a tax delinquent firm, Council Member Miller stated that he had received information from both firms and it was presented to him in terms of information which was needed for the decision making process. Mayor Castleberry stated that a motion was in order. Council Member Cott moved to continue as they had last week to get the contract signed. City Attorney Drayovitch stated that there was an ordinance before the Council and the contract which was attached to the ordinance was changed slightly. The changes included a termination for cause provision which was identical to the current contract wording. The provision allowed the City the right to terminate the contract for cause giving 30 days written notice with a statement of the reasons for termination after giving the firm a reasonable opportunity to rectify the same. It further provided that the City would be the sole judge of the existence of what cause was. This was the provision which was in the existing contract. On page 1 of the contract, Articles III and IV previously read the firm "is to 11 advise and the firm "is to intervene" had been changed to "shall" in both places. On the top of page 2 Article V a provision had been added which was very similar to the wording in the existing contract that the report shall be furnished in a format dictated by the Executive Director for Finance. The following ordinance was considered: NO. 93-115 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES; PROVIDING FOR THE EXPENDITURE OF FIENDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Cott motioned, Miller seconded to adopt the ordinance as presented to Council and the contract as amended. Council Member Miller asked if it were in the city's best interest to have an individual working in the City's office. genaaho AgenCa Clem 'bte City of Denton City Council Minutes 5 Q June 15, 1993 Page 36 McGrane replied that it would allow records to be updated on a faster basis so that if there were a delinquent tax in the process of collection and had been paid, the City would have that updated in order to cease collection at that time. There would also be the revenue from the rental of the space which would off set the cost of various supplies. city Manager Harrell stated that staff felt that this arrangement was similar to one which the DISD and Denton County had negotiated with these types of contracts. Staff felt that it would improve the revenue stream and would not inconvenience the City. Council Member Miller stated that currently the format of reports were not similar. would the new contract allow for a similar comparison between reports. McGrane replied yes that the comparison would be able to be made. Council Member Miller stated that it would be possible to take a two year period and compare it with any previous period. McGrane replied that it could be compared with the lawfirm which was collecting the taxes at the time or if it were a different firm than in the past, it could be compared to that. It could not be compared to County numbers or School District numbers. Council Member Miller asked about the provision for the two year contract with thirty day renewal extension. It was explained that that provision would enable the City to contirue with a firm in the event that a new contract was not completed on time. It did not look very clean to him because if there were going to be a request for proposal every two years, there needed to be an assumption that the contract would expire then and requests for proposal would be out. He asked if a clause could be included that if the client wished, the contract could be extended for 30 days and make it a unilateral decision on the part of the City so that the contract expired on June 30, 1995 but gave the client the option to extend it for 30 day periods. McGrane replied that under this language the City had the option to give written notice or not to give written notice. Council Member Miller indicated that the City would have to take action. Could the provision be written that action would be taken if the City wanted to do it otherwise there would be a clear presumption that the contract expired in two years. City Attorney Drayovitch stated yes if the firms were agreeable. i ,r I Agenda No Agendaltem City of Denton City Council Minutes ate 0 6 -Lie June 15, 1993 Page 37 Mayor Castleberry asked Council if they were agreeable to hear from a representative of McCreary, Veselka, Bragg and Allen and council indicated approval. Gilbert Bragg - McCreary, Veselka, Bragg and Allen - stated that he had been involved in other situations when requests for proposal had been delayed. With the 30 day increments, the City would continue to have a delinquent tax collector. If a request for proposal went out and was completed prior to June 30, 19950 there would be no problem. But if there were a delay with the request for proposal, the 30 day continuances would allow for no lapse in representation. He would be agreeable to line out that provision completely. Council Member Miller recommended to change the provision to such that it would be at the client's request. Council Member Cott motioned, Miller seconded to amend the original motion and original second to indicate that an affirm:itive act was required on the part of the City to trigger the first 30 day extension. Bragg stated that the sentence in question would read "thereafter this contract shall continue in full force in effect from month to month at the option of the City of Denton." If that was the agreement of the Council, it would be just a matter of redrafting the paperwork. Council Member Brock stated that she wanted to be sure that that required positive action. City Attorney Drayovitch stated that wording could be inserted to the effect that if the notice was given pursuant to the direction of the City Council. Mayor Pro Tem Smith asked if there had ever been a firm working in the tax department within City Hall. McGrane replied not in the nine years he had been here. Mayor Pro Tem Smith asked if the firm would use their own terminals which had the information or would they work off the City's. McGrane stated that the firm would receive a listing as of July 1 of the City's tax records indicating those individuals who had not paid their 1992 taxes. They would incorporate that into their system. Payment came to the City of Denton and the payment would be updated to the City files. Prior to any legal action, those i Agenda No. ~ 3 " Agendaltem Oeta City of nento^ City council minutes June 15, 1993 Page 38 files would be crossed checked for payment. Mayor Pro Tem Smith stated that this would eliminate City staff from having to do that work. McGrane replied that in the updating of the payments or updating of the disposition of the cases. Council Member Miller stated that there was an underlying assumpLion that in two years there would be a request for proposal process. If this contract were approved, he would be watching performance very closely. Mayor Pro Tem Smith stated that in view of the original motion and fact that Council had had this discussion with presentation by both groups, she felt that it would be better to have the two absent members included in the vote. Council Member Cott asked if Mayor Pro Tem Smith meant after the vote by Council. Mayor Pro Tem Smith replied no. Council Member Cott stated that there was a quorum. City Attorney Drayovitch referred the Council to Section 2.06A of the City Charter which provided that a majority of members of the council shall constitute a quorum and the affirmative vote of the majority of the Council shall be necessary to take any official action in the name of the City except as otherwise provided in the Charter or by the general laws of the State of Texas. She pointed out that it took four votes unless two or more council members were disqualified. In order to pass any ordinance of the City it took a minimum of four votes no matter how many council members were present. Council Member Cott asked if this had been evoked before. City Attorney Drayovitch replied yes to the affirmative vote of four. Council Member Cott asked under what circumstances. Council Member Miller asked what difference it made. Council Member Cott stated that it made a difference as it seemed to him that the Council should revert back to the way the vote was. If the discussion was never held and the Council could not vote on i t fi Agenda No. Agend ite ~-c Dated - . City of Denton City Council Minutes June 15, 1993 Page 39 the motion, then the motion voted on at the last meeting would stand. Mayor Pro Tem Smith stated that that was only a statement of preference not an approval of a contract. The backup material asked for a statement of preference, not a contract to be approved. On roll vote of the main motion, Brock "aye", Cott, "aye", Miller "aye", Smith "nay", and Mayor Castleberry "aye". Motion carried with a 4-1 vote. M. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the State of Texas for the installation of traffic signals at the intersections of IH Highway 35 frontage roads with US Highway 77 and F.M. 1515. Jerry Clark, City Engineer, stated that due to traffic volumes and accident history there were two new signals which would be installed at US 377 and 235 and Donnie Brae at 135. The state would reimburse the City for an effort to make the signals compatible at the intersections and for the City's labor. The following ordirs•nce was considered: NO. 93-116 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTIONS OF IH HIGHWAY 35 FRONTAGE ROADS WITH US HIGHWAY 77 AND F.M. 1515; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "dye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Resolutions A. the Council considered approval of a bond resolution by Denton Health Facilities Development Corporation providing for the issuance of bonds for the Evangelical Lutheran Good Samaritan Society. John McGrane, Executive Director for Finance, stated that the Evangelical Good Samaritan Society had approached the Denton Health Facilities Corporation in order to refinance $3.425 million worth of outstanding bonds. These bonds had a letter of credit backed by t ~gendaNo Agenda ltem t8 City of Denton City Council Minutes ~j June 15, 1993 Page 40 a Japanese bank. The bond rating on the letter of credit had dropped where it was no longer beneficial so they were refinancing that portion of the bond. The City's bond counsel had looked at this proposal and had advised the Denton Health Facilities Corporation and the Corporation had passed the resolution. Council approval was also needed to pass the resolution. section Two of the resolution indicated that the City had no liability for the payment of the bond. City Manager Harrell stated that the members of the Denton Health Facilities Development Corporation were McGrane, Svehla and Harrell. The following resolution was considered: NO. R93-036 A RESOLUTION APPROVING A BOND RESOLUTION BY DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF HEALTH FACILITIES REFUNDING REVENUE BONDS FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY. Miller motioned, Cott seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The council considered approval of a resolution authorizing the City Manager to execute assignment of a contract from Anthem Life Insurance company to Acordia Corporate Benefits, Inc. City Manager Harrell stated that this was a routine `tem associated with a name change in one of the City's insurance administrators. Council Member Cott stated that when this happened, there was some recapitalization within the company. Ike Ob£, Human Resources Specialist, stated that staff had talked with the company and had received a letter of conformation indicting that the changes made within the corporate office were made in the best interest of their clients. There were no changes which would impact the City's contract with the company. Council Member Cott requested that staff look into the capitalization of the two companies. The following resolution was considered: "-T e1 Venda No, Agend, Item Bate City of Denton City Council Minutes 63 O 6 June 15, 1993 Page 41 NO. R93-037 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ASSIGNMENT OF A CONTRACT FROM ANTHEM LIFE INSURANCE COMPANY TO ACORDIA CORPORATE BENEFITS, INC. Miller motioned, Smith seconded to approve the resolution. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution temporarily closing a portion of Rolling Hills Circle On June 26, 1993 for a block party. This item was considered earlier in the meeting. D. The Council considered approval of a resolution leasing parking spaces located on the Williams Trade Square. John McGrane, Executive Director of Finance, stated that this was the lease the city had with Denton County. The lease provided for the leasing of 15 spaces at Williams Trade Square for $14 per month. In exchange the City gave the County Commissioners a parking sticker for their vehicles which allowed them to park on the Square. Mayor Castleberry indicated that there were only five such stickers. McGrane replied correct. The following resolution was considered: NO. R93-039 A RESOLUTION LEASING PAPNING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Cott seconded to approve the resolution. On roll vote, Brock 'laye", Cott, "aye", Miller "aye's, Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered approval of a resolution committing to the continuation of adequate funding for implementation of the City of Denton Environmental Protection Agency approved Pretreatment Program. r $endaNo 3 Apendattem Date City of Dentcn City Council Minutes June 15, 1993 Page 42 Howard Martin, Director of Environmental Operations and Financial Administration, stated that as Denton was submitting its sewer use ordinance revisions and pretreatment modifications to the EPA for approval, it was required a commitment of continued funding to carry out the provisions of the federal program be approved. The following resolution was considered= NO. R93-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, COMMITTING TO THE CONTINUATION OF ADEQUATE FUNDING FOR IMPLEMENTATION OF THE CITY OF DENTON ENVIRONMENTAL PROTECTION AGENCY APPROVED PRETREATMENT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Cott motioned, Smith seconded to approve the resolution. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered approval of a Deputy City Secretary for the signing of beer and wine permits and applications. City Manager Harrell stated that in accordance with the City charter he would like to appoint Rodney Patterson as Deputy City secretary for the purposes outlined in the back-up memo. Smith motioned, Miller seconded to approve the appointment. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered approval of the Annexation Policy Plan. (The Planning and zoning commission recommended approval.) Harry Persaud, Senior Planner, stated that staff felt that the ETJ was an important resource of the City and needed to be protected. In that vein, an Annexation Policy Plan was suggested in order to have definite procedures to follow. Cott motioned, Smith seconded to adopt the plan. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Miscellaneous matters from the City Manager. Work Session item 05 was continued. ~~adaNo ~ Aged Ile i Date City of Denton City Council Minutes 6 S June 15, 1993 Page 43 5. The Council received a report and held a discussion regarding proposed ordinance requirements for board and commission members; a date for the board/commission reception; procedures for nominating appointments to the boards/commissions; and gave staff direction. City Manager Harrell stated that Council was considering a date for the board/commission reception. This would be a time for swearing in new members and presentations to retiring members. Council decided that Tuesday July 27th would be appropriate for the reception and to possibly hold it at the Visual Arts Center from 7- 9 p.m. City Manager Harrell asked Council to consider procedures for appointments to the boards/commissions. The decision was made at the last council meeting to schedule the receipt of nominations from Council Members for the July 6 meeting. There was some indication that council might want to discuss how that process would proceed. Mayor Pro Tem Smith asked if it would be possible to make nominations one week and vote on them the next week. Council Member Miller suggested passing potential nominations on to the City Manager in order to keep a master list so that an individual would not be contacted for more than one board. Mayor Castleberry felt that perhaps two nights would be required for formal consideration. Consensus of the Council was to nominate on July 6 and vote for consideration on July 13. 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. Mayor Pro Tem Smith reminded council of the Monday 530 p.m. clean up of their adopt-a-spot. B. Mayor Pro Tem Smith stated that Representative Sarpolis would be in Denton on Saturday for the Juneteenth celebration. There was a Sunday 9t30 a.m. time slot on when the council could I ~penda Mo 3 egendallemQ ~.y site City of Denton City Council Minutes o' June 15, 1993 Page 44 present its picture to him or they -ould wait until August. Consensus of Council to wait until August. C. Mayor Pro Tom Smith asked if the date of July 16 would be appropriate for the reception for former Member Hopkins. D. Council Member Cott asked staff if they could develop labor and overhead costs for projects such as rails to trails or the fluoridation program to determine whether internal costs would j be competitive with outside costs. E. Council Member Miller asked for consideration of the city's mowing contract as now the contracts were for the entire season. He suggested studying the contract for a different system and not have one contract for the whole season. 12. There was no Executive Session held during the Regular session. With no further business, the meeting was adjourned at 10:50 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, DENTON, TEXAS JENNIFER. WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i ACCO0126 t Y CIT UN CIL . o ~ s .00" a ~ ~ 0000 TIT +~ndrNe. - DATE: July 20, Apdplt ~ Oats 7 a?a' /-~4R3 CITY COUNCIL REPORT ~OT I J TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Z-93-017 RECOMMENDATION: The Planning and Zoning commission recommends approval (6-0). SUMMARY., A request to rezone a 2.85 acre tract from the Planned Development No. 6 District to the Single Family-7 district on property located on the north side of Wilderness Drive, directly west of Colorado Boulevard (Woodrow Lane) also known as Lots SR-13R Replat of The Woodlands of Township II. BACKGROUND: See P&Z report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Planning Department. Building Inspections. Residents of The Woodlands of Township II. FISCAL IMPACT: N/A Respectfully submitted: 14 Prepared by: Llo d V. Harrell city manager lei, 'U Ka en Mit hell, Urban Planner Y AQAII~1 NO ~ of all Approved; W1A ` a +13 Frank H .RDirector Planning and Development , AXXOD3r3 Y 4gendaNa Agenda Ire Date - PLANNING AND ZONING COMMISSION REPORT Tot Mayor and Members of the City Council Case NO.t Z-93-017 Meeting Dater July 20, 1993 GENERAL INFORMATION Applicants The Nelson Corporation 5999 Sume reide Drive, Suite 202 Dallas, Texas 75252 (Helen-Eve L. Liebman) Current owners John W. Knapp, Denton Oaks Phase I LTD. 8100 Lomo Alto, Suite 225 Dallas, Texas 75225 Requested Actions Rezone property from Planned Development No. 6 (approved for single family detached housing) to single Family - 7 (Seven thousand square foot minimum lot size). Location and Bisset Approximately 2.85 acres located on the north side of Wilderness (across from the 1400 block), northwest of San Jacinto Boulevard, west of Colorado Boulevard, also known as Lots 1R - 13R, Block A, of the Replat of The Wood- lands of Township II. Surrounding Land Use and Zonings North - Light Industrial. South - PD-6 - residential. East - PD-6 - residential. West - PD-6 - Colorado Courts Apartments. Denton Development Plant Low Intensity Area ♦S Ni n^"~ ~QAROdFIO. A~Ef1L`~11'!(~? Case No. Z-93-017 Q July 20, 1993 Page 2 SPECIAL INFORMATION Transportation: Prior to issuance of a building permit, sidewalks must be installed along all lots under the current plat per the approved sidewalk construction plans. utilitiset waters There is a s:x (6) inch waterline on Wilderness. sewer: There is an eight (S) inch sanitary sewer line in Wilderness. Note: Under the current replat of The Woodlands of Township II0 a sewer relocation is required between lots 43R and 44R. Although this requirement does not affect the property requesting rezoning, we must note this mainly because it is all part of the same replat. sire: Fire flow is adequate for this site and there are two (2) hydrants located at the corner of Timberridge and Wilderness and opposite lot 9R. Eleotrici Electric service is available for this site. HISTORY In 1969, the City Council approved the rezoning of all of PD #6 via ordinance 69-35. This particular tract was approved for Town- houses. I I y +genda No. Agendailem Case No. 2-93-017 Note - - July 20, 1993 ✓6f !3 Page 3 HISTORY, continued In 1981, ordinance 81-111 amended ordinance 69-35 and approved a plan for this area for larger lots, appearing to be 7,000 square foot lot size. In 1984, ordinance 84-132 superseded ord3nance 81-111, once again, reducing the lot sizes to 45 feet by 120 feet typical) setbacks resembling those of a zero lot line subdivision. with On December 13, 1988, a replat of The Woodlands of Township II occurred encompassing the subject tract, as well as another amendment to this portion of PD 6 (also known as PD 6.1). The following changes were made to the PD as well as the replat: I= FgM T4 lR-15R, Block A 45' X 1204 684 X 1204 16R, Block A 454 X 1204 684 X 1204 42R-51R, Block A cluster Housing 684 X 1204 lots at 12 units/acre In addition, the PD detailed site plan also reflects a typical building envelope which requires a minimum 25 foot front yard) five (5) feet on one side yard and 23 feet on the other side yard) with 10 foot rear yard setbacks. As the approved replat does not reflect the side yard setbacks, no replat is necessary. On June 23, 19930 the Planning and Zoning commission heard case Z- 93-017 and unanimously recommended approval (5-0). ANALYSIS The property is located in a low intensity area which is for the purpose of protection and preservation of residential neighbor- hoods. r agenda No _ Agendalt Ote 7 Case No. Z-93-017 Q July 20, 1993 Page 4 ANALYSIS, Continued The applicant is requesting SF-7 in order to comply with the approved replat on this property and to be able to locate a house in the center of the lot rather than the side. No policies of the Denton Development Plan would be violated by this rezoning request. RECOMMENDATION The Planning and Zoning commission recommends approval of Z-93-017 (5-0). ALTERNATIVES 1. Approve petition. 2. Approve petition with additional conditions. 3. Deny petition. ATTACHMENTS 1. Location Map. 2. Original Plan for PD-6. 3. Detailed Plan approved by ordinance 89-091. 4. Minutes of June 23, 1993 P&Z meeting. A%k003F4 Y- Agenda No ATTACHMENT 1 Agendalle Z-93.417 Denton Oaks Phase I Me____" ORTH 7 fr UUUCjUUU w ° j O s O® OAK 10 OTC o°aU W. .:r o~Gt~ ' 1 ~ p° U M■ ~'~r7J 1~ ~ r goo i ~ SITE d nta na. J DOWCPAY bu Dam Location Map L Doles 6/8/93 Scala None u rv:y f M'rM iW ~R _ - - ! r A.r~rr rb aw aarr= r i I- o ' 9.3 • - - _ _ ~eJ~rrrrr • As ~rw W ~2 ± \r \ - - - i r • I i i s ; • r I r I i~ I & - Rwr'_rA,iiwr '~'R.♦i.~1 f 1 ~'ee q~ r W L N~ r.A ~ !y I / I!! ~ ! f. A ~ k , Ir . ~~'r.Mw~WN'i1 L~~M/"n!'N~In f w M Kfr/M p ' ' - i ~•f;;r { Js 1 194 pp~ •~L ~l,y ~ rn+v ` u ims ~~<< I 1 ~.';iifN.rr ! it r J ! . I . I r ! I -Mir sorws6v w I/ M fMr I I nr »lbbb p~ do of a im., AVf UtMocoft :0" t"% pew ~ rroK A!r w'\ T, -0 71 -T7-.Te If i ife rr.~ ~ y IM.rf Abp" N y Y r II R~ ~ y~ I ~1 w ll]I I- - I tithe I~t ~ ~ /L N!//! I 1 V~ J do- a hmvtheyi y /r fYR l~e~ Y/IIO, jpt7V7 ~41I+em.IN 64 Q~ll6C KAAI A r *V*& IAN/A op fM1111M11M • cs*Arrq s7A. Awr:il=A =WO .n 1 M.fiw a w N Alf A* / OWNS V, yy .!w /AorbOior bO~Mr Fwd ? ~r rabsifeAW V M Aft 401134 NIL nR~ 3 - 6 CH HT Agendihlt,ISO Date 1- t: •r: rn~~ - r •r •"z- i *~:.i,. M11,; 1~ • Lb..M .R.tL b.,.. 1!;I . ieMu AA ~ ~ {„'ryi~ • ~ , it i~ . ~ Q ~I+c Ao.r. ' f s.v. ~1,, ,,k 1 ~ •,~r1 Y or 'I am ft., . \ Ii, ~ •r i t ~ Q.yvaA O Y,yi Aa.,,ff ,I:pf. yp ti.~ oAa 1 t A.Af ..I f/~v fM»f ~ r ar , TRIANGLE 'ARK i DtNT#N,TKXAO S OWNERl ffLM lbJCKER8ON 1, ASSOClLtT69 • .k d iff t~'} i AVS DA CXKT LQ t a N ,enasNo q uendalle ATTACHMENT 4 qr' ~/a _ Q 7 MINUTES /Q~SLfL~•~~ 2_ Planning and zoning commission June 23, 1993 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, June 23, 19931 in the Council Chambers of city Hall, 215 E. McKinney. Present from P&Zt Chairman Engelbrecht, Katie Flemming, Ivan Glasscock, Melvin Willie, Mike Cochran, and Richard Cooper. Absent from P&Zs Mary Evelyn Huey Present from Staffs Frank Robbins, Executive Director of Planning and Development) Karen Mitchell, Urban Planner; Owen Yost, Urban Planner) Tanya Cooper, Assistant City Attorney; David Salmon, Senior City Engineer, Robbie Baughman, Assistant Building official. 1. Consider approval of the minutes of the regular meeting of June 9, 1993. Mr. Glasscock recommended approval of the minutes of June 9, 1993 as amended. Ms. Flemming seconded the motion. The vote was three in favor with Mr. Cochran abstaining. Mr. Cooper and Mr. Willis were not present for the vote. Mr. Robbins made a statement after the minutes were approved concerning the turn lanes mentioned on page four. He said the minutes reflected what he had said, but he was wrong, there were left turn lanes shown on the plans, II. Hold a public hearing and consider rezoning a 3,463 acre tract located at the northern end of Colonial and adjacent to IH35 North from the Agricultural (A) district to the Office (0) district. Mr. Robbins reported that the state law requires that all property owners within 200 feet be notified before a zoning case, He said one of the property owners did not gat notified, so the case would have to be brought back at a later date. The staff will have to send out 200 ft. notices again and the case will be put on the next agenda. Mr. Cochran asked if there was a way to go around the law. Mr, Robbins said no, the notice would have to be regent. III. Hold a public hearing and consider rezoning a 2.85 acre tract from the planned Development district No. 6 to SF-7 on property located on the north side of Wilderness Drive, west of Colorado Boulevard and northwest of San Jacinto Boulevard, also known as Lots 1R - 13R, Block A, Replat of The Woodlands of Township II, STAFF REPOnT: Staff report was given by Karen Mitchell. k S t k bend's Minutes AQendalf Planning and Zoning Dais June 23, 1993 Page 2 J Ms ore no . Mitchell reported there were 24 owners notified. There replies prope property is located con the north favor of i Wilderness (across from the 1400 block), northwest of San Jacinto Boulevard, west of Colorado Boulevard, it is also known as Lots 1R-13R, Block A, of the Replat of The Woodlands of Township II. In 1969 the City Council approved Planned Development 6. It was one of the first Planned Development districts. Golden Triangle Mall and San Jacinto Plaza are located in PD6. The district was on inally approved for townhouses. In 1985 a plat was done to divide the area into lots of 7000 sq ft. In 1984, ordinance 84-132 superseded ordinance 81-111, once again reducing the lot sizes to 45 feet by 120 feet with setbacks resembling a zero lot line subdivision,The Detailed plan approved shows the setbacks for SF-7 except sideyards would be 51 on one side and 231 on the other. in order to locate a house in the center of the lot the applicant would have to amend the detail plan or to pull out of PD and go with straight SF-7 zoning. Prior co issuance of a building permit, sidewalks must be installed along all lots under the current plat per the approved sidewalk construction plans. When the property was originally replatted as it was laid out in the detail site plan, two houses were to share the same water tap. The water and sewer lines will have to be modified to get each house on a tap. Fire flow is adequate. Electric service is also available to site. The property is located in a low intensity area. The applicant has asked for the change in zoning to be able to locate homes in the middle of the lots. No policies of the Denton Development Plan would be violated by the rezoning. STAFF RECOMMENDED APPROVAL of Z-93-017, Chairman Engelbrecht opened the public hearing. PETITIONER: Heleneve Liebman, of The Nelson Corp. Ms. Liebman pointed out the owner was asking to rezone only 13 lots, she said they were rezoning in order to provide adequate side yards, This would allow for a Eft side yard on each side, staff did recommend the SF-7 district, which is what was applied for. IN FAVOR: None IN OPPOSITION: None Public hearing was closed. Mr. Willis moved to recommend approval of Z-93-017 as recommended by staff. Mr. Cochran seconded, the motion carried unanimously 6-0. 5 e a:LwPdccalordlknapp,a ~QendaRo 9 agendaltem Date--- ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING OF 2.85 ACRES OF LAND CONTAINED WITHIN PLANNED DEVELOP- MENT N0. 6 (PD-6), ADOPTED PURSUANT TO ORDINANCE N0. 69-35, FROM CLASSIFICATIONPLANNED SIGNATI N FAMILY 7 (SF-7) ZONING nISTRICT H GE BEIZ LOCATED THE NORTH SIDE OF WILDERNESS DRIVE. AND WE TCOF cowRAI)p BBOULEVARDN PROVIDING FOR A SAVINGS CLAUSE= PROVIDING FOR A PENALTY IN THE ANXEFFECTIVENDATE,S2,000 FOR VIOLATIONS THEREOF! AND PROVIDING FOR WHEREAS, the Nelson Corporation has applied for a zoning for a portion of Planned Development No, 6 (PD-6) consisting of 2.85 acres of land by change in and Family 7 (SF-7) zoning dit ict classificationg and ruse designation; WHEREAS, on June 23, 1993, the Planning and Zoning Commission recommended approval of the requested change in zoning? and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plant Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS g district classification and use designation of theh2 85 hereonof land described l Block A, Woodlands of Township II, located ed as Pots 1R Ordinance No. 69-35, is changed from PD to Single Family 7 - 13 R, zoning district ~ adopted by comprehensive zoning a o dinanceo of athe cit of Denton, as, (SF-7 city Denton, Texas, That show the change .in zonin a City's official zoning g g district classification ap is emended to SECTION Iii apply to t+ h~ Z, s aQYt toe provisions of this ordinance as they govern and control over an land referenced io Section I, shall 69-351 but all provisions of 0 dinnceg NoT.o 69-35 as the finance No. that remaining portion of the PD District not herein amended, shall continue in force and effect and shall apply to the remainder of ~h` That any person violating any provision of this Ordinance 000. p upon conviction, be fined a sum not exceeding Each shall consti ute a that a is violated eparater and distinct Offense. 1 Agenda No. AgeidaItem' ls Date 3of (3 SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (30) days of the date of its passage. PASSED AND APPROVED this the day of _ , 1993. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY Page 2 i ~TT TTM TM T m =T CITY LIJI[I FHIR COUNCIL FFFFFFFF :121: 11 1 :111 MMMMM: Ml: i 1~ ~r o ~ s 0 e Qek t~+~0 O' i I a AQQRQI t~0._a~ DATE: July 121j*V1 did. Date 'CITY CO:INCIL REPORT t TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: 2-93-014 RECOMMENDATION: See attached. SUMRY: See attached, BACKGROUND: See attached. PROGRAMS DEPARTMENTS OR GROUPS AFEFL= : None. I FISCAL IMPACT: None. Respectfully submitted: G Prepared by: Lloy. Harrell City Manager Gam,. L 0. Owen Yo , Urban Planner Approved: ~ ~ I Frank H, obbin AICP Executive Direc or Planning and Development AXXDDSre I t y d { QertOd No t A It Ala C9 REPORT Tot Mayor and members of the city council Case Noss Z-93-014 Meeting Dates July 201 1993 GENERAL INFORMATION Applicants Halbach-Dietz Architects 4388 W. Vickery Blvd. Suite 200 Port Worthr TX 76107 current owners Bank One, Texas N.A. 1600 Pacific Avenue Suite 1525 Dallas, TX 75201 Requested Actions Amendment to Planned Development No. 6 by approving a detailed plan for a portion of the Golden Triangle Addition, allowing a 389E sq. ft. financial institution. Location and Bizet .91;2 acres, being part of Lot 7, Block 1 of the Golden Triangle Addition, located at the northwest corner of State Hwy. Loop 288 and Colorado Blvd. Surrounding Land Use and Zonings North - Commercial land use (Golden Triangle Mall) in Planned Development N6 zoning South - Right-of-way of Loop 2881 across from which is retail land use in PD-28 zoning East - Right-of-way of Colorado Blvd. across from which is retail use in PD-6 and PD-137 zoning West - commercial use (Golden Triangle Mall) in PD-6 zoning Denton Development Plant The site is located in intensity Area No. 60, which has been designated an Urban Cent*r by the Donton Development Plan. a y r AgendaNo Agend Item g t3 SPECIAL INFORKATION Transportation: The existing transportation infrastructure is sufficient to support the proposal, since no direct access is planned to either Loop 288 or Colorado Blvd. The only direct access will be via the mall's ring road. Since the area is already platted, and no replat is required, no sidewalk is required. utilities: There is an 8-inch water line on the east side of Colorado Blvd., as well as electric service, that is sufficient to serve the proposal. There is also a 10-inch sanitary sewer line on the south side of Loop 288. This will be made to serve the site by adding an off-site manhole, and boring under Loop 288 for an extension. There is an existing fire hydrant, with sufficient flow, on the northeast corner of Colorado and Loop 288. No dumpster is planned. Drainage: The proposal will not affect the existing drainage patterns. IH ST01iY Planned Development No. 6 was approved by the City Council in August of 1969, but without a Detailed Plan as is required now. The subject site was designated for commercial use at that time. It is, in fact, a portion of Golden Triangle Mall's parking lot. Portions of the planned development, as they are redeveloped, are now required to have Detailed Plans reviewed at public hearings. However, no Detailed Plan has previously been approved for this particular site. A parking diagram was filed with the Golden Triangle plat in July of 1979. Some parking data is in a "Construction, operation and Reciprocal Easement" agreement, which is filed with Denton County and functions as a deed restriction. However, this will have no effect on the subject property. Agenda No g'~ a Agenda (emr Date Q ANALYSIS The site is within an Urban Center, according to the Denton Development Plan. in an Urban Center, there is no limitation of intensity. An analysis of vehicle parking shows that 3,733 spaces are required by the Mall. 13 additional spaces are required by the zoning Ordinance for the proposed Bank, increasing the number of required spaces to 3,746. The Mall currently makes 3,852 spaces available. 20 spaces are actually provided by the proposed Bank (including 2 handicap spaces). The proposal reduces the available parking by 40; to 3,812. Therefore, there would be a surplus of 66 spaces (3,812 - 3,746). RECOMMENDATION I The Planning & Zoning Commission unanimously recommends Z-93-014. Since the tract is located in a designated Urban Center, allocation of intensity trips has no limit. There will be no change, regardless, since the tract is already designated for commercial use. ALTERNATIVES 1. Approve petition 2. Approve with conditions 3. Deny petition 4. Postpone ATTACHMENTS 1. Location Map 2. Final plat as approved 3. Detailed Plan (two sheets) 4. Draft Ordinance 5. P&Z minutes AXX003F7 a I Agenda Z•93.0X4 BAnk One ATTACHMENT i ABenLyle RTH O ~a /ACINTO A. SILO bI / BLVD. LN7 IN J VA !0/ r Golden Triangle Mall rir f 01 f 4 O! 1 6Ov !,r f PROJECT uo L+r r LOCATION u a %-xv. LOOP No. 218 stAtt LOCATION MAP SedI, V, 300. Locatlon Map Dater 61893 Scale: None gently NO +0enda118m Z-93.414 Bank One ATTACHMENT 2 pip TH 0;773 I rI •V 1,1U ~r I n • r I .r' x.06 ,'IJI';!'~\ io n~~ ' Ix ~jJZ.r a e j~• kPe.~?~titP~r 66 •O 1 ,rt 1 n I y a '6T¢~C rd r/M. nP .I Ir t.~` Y: 7 ! IN fan 1 \ 11 p~fN / 111//// 1 r/l 11 JI / I.f I J, N J7 ' .If 111 ! if tr' ~ . : / 1f IA jj1 / = I I1 ~ ' 11 1 M•I •tiy II"y 1-6 ur IV J `7 +1 / 1 1I~ ~ ` t/l IIM X111 / 1 1 ~I ~l! yJ H r 4rlre rryArC~ I`.1 11 N / ♦1~ ji111T1 H.i1 / 1 n 1 ~IJ •r ~J! • ~ r~.ll It 1. li, r~ >r Nir' .r 39.7 60 S4 IF t. to It .1 61 0. 0 13 11 r so I., / r l O16 x 4 ~I ....1^ it 'b 11 dl It .1 111 It ♦ , 7 J11ji 11 , 111 7r ? I J ~I~ I M11 J'4~ ► ' ••r uY JIM. .1t I y ' V1{1 O , 111 NIM J 1--- • IJI .n•hI 1~ --1..~- Ito p ? /Ilih( to N1 M4r 4r ' JJ 111- , 6 O.OI!J14-I--1--J,1 r lul? I ~ J. L ux410, 4P✓.QJ.Ji 1111 ~ ~ J. - , N✓^ ~ x .111_+_'~-J ~.llwaa~J~~. `~y_ Y In YLIM IM.-~ = J • .4t L1nI1.-1=~-~--- _~-r-~.~~ ~I ~_l/l ~^r .C~.~+~~•14.+ JJ ~C~ G_~r--~? 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All w 101f 7 fll dl fJ!(i(r; ~I~,•_-- .•,JJ 1111 o1 .111 1.111 to i,..,x la 11 0 0 114 u1 III UI R N I,pi n4 ft(" 1i'I Iw hlr~rl I 0 1.01 IIL 1 1 1µ1.C1 .4 R H t.rl H+IN,II IIH Y r Final Plat Dates 6/8,'93 Scala None a a 4Aenda No. - a ATTACHMENT 3 aQ9R~811@i Z-93.014 Bank One (1 of 2) we7~ I3 NORTH i! 1 I 1 I , S tiv.y Y~ IM • ~ I .r ~ ~ 1 1 I ~ 1 1 I iL. / ICT / ~ I 4 4 ~ / r • Lu .i o I o 1~ • 1 ~ ~ I I I • O I Date. 618/93 Scala None w ~ E ypfl3 Agenda No. Agendalle Z-93.414 Bank One (2 of 2) rote L3 ~d~RTH F~7GF•tPLS LltTt t r' ' l.~r 11~1~1 wnw~l'• S•hwa f S~~r~1~ ~y.~It ' 1 kn nti`' i•I. ~ 1d".v~~~..~i c.+n..t.~ is ~ ~AI ♦ I 1 i i / b 1ry..•Ia M1.a ILL y ' ' try. •1 WA4s.4 I ~ Wnsw4v! t''► L•. ,i(T, THa♦ Te tl.M.1 ~.p ~ ay I W ' ' IYV+ 7, .e~ Y ~ aw~~."r / ' , mod- s.T~.. r f M M {i.rt(. • ♦ tr.pl.rnq.ls I'•w. ss' wle.l Lu T ex"f~ I r 1 I p~ ~,se1 I r i ~tr~ ~np uII♦' I' 1 ~I ~It~M71roY ~ i~ f. ♦a i l r f I~I ti ~ I~~ a I F b Y.vYlylwLl G.y.Y IK / p' 4i. r t ~ I St 2(yZI. S. 4• 1• l~.t s (p lT.M1 .Yy~~n\ '1'F.y 7tw.♦I iL•1.1. i ~r . I. _ .t+rL.`~ ~yy~µ (-1 hfD~ I>L•pP~ ^1^ !~W ~ jw ~'e~', ~ + j VM ~M•M•~ i a~yt / Y1-aV1 r • DE4W~l~.Lwl rlfrA r• 4YsMi'~ i'• rt ~1 ~ I l.~t\1 fem. ♦ I I , '1 1 I I I t O%r l er~ods+d - STATI - Lamscape Plan Date: 6/8/43 Scales None a Si\WPdoce\ord\bankone.o ~geAdd~O ✓ Agendaltem ~'e ? a -c ATTACHMENT 4 ORDINANCE No. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE No. 69-35 TO PROVIDE FOR A DETAILED PLAN FOR ,9132 ACRES OF LAND IN PLANNED DEVELOPMENT (PD) NO. 6 LOCATED IN THE GOLDEN TRIANGLE ADDITION AT THE NORTHWEST CORNER OF STATE HIGHWAY LOOP 288 AND COLORADO BOULEVARD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Halbach-Dietz Architects, on behalf of Bank One, Texas N.A., has applied for an amendment to Planned Development (PD) No. 6 as set forth in ordinance No. 69-35 by requesting approval of a detailed plan for .9132 acres of land; and WHEREAS, on June 23, 1993 the Planning and Zoning Commission, after a public hearing, recommended approval of the requested change; and WHEREAS, the City Council finds that the amended detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That ordinance No. 69-35 (P.D. No. 6) providing approval of a planned development zoning district classification and use designation for the Golden Triangle Addition, is hereby amended by approving a detailed plan illustrated in Exhibit "A", attached hereto and made a part hereof for all purposes and con- taining .9132 acres of land described in Exhibit "B", attached hereto and made a part hereof for all purposes to be used for a financial institution. 299TION iI That the provisions of this ordinance as they apply to the .9132 acres shown in the detailed plan herein approved, shall govern and control over any conflicting of Ordinance No. 69-35, but all the provisions of Ordin ncerNo. 69n herein amended, shall continue remaining iforce and effect and shallcapply to the remainder of said district. I SECTION III That a copy of this ordinance shall be attached to ordinance No. 69-35, showing the amendment herein approved. SECT- I-~iVi That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is f 6 49en4aNo 4pend _T_- • 'IleR3 100(/ 9S 3 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 (30) days of the date of its passage. 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 a EXHIBIT "A" 4gertdallem ` d' 1= 0 1 til I to ca cz c co i - oo0 ` IL 1 ~o ! o _ I n 1 • 7 1 1 '0 II Jill Q l l Mm m mmm 1fc 1 d [Bcc iGG= Ga'.... . Em eltli ~Ir't~'1~11IngIIIg10#tr~rrrrinn~+ 1- -4 TA I a Agenda No EXHIBIT "B" Agendaitem into i DESCRIPTION OF PROPERTY SURVEYED SITUATED in the City of Denton, Denton County, Texas, and being a portion of LOT 7, BLOCK 11 GOLDEN TRIANGLE ADDITION, as shown on plat thereof recorded in Cabinet B, Page 124, of the Denton County Plat Records, and said portion being more fully described as follows: BEGINNING at a "Y' cut on a concrete pad around a water valve for the most easterly southeast corner of said Lot 7 at the point of intersection of the northerly line of State Highway Loop 288 (140 foot wide right-of-way at this point) with the westerly line of Colorado Boulevard (100 foot wide right-of-way),said point being on a curve whose center bears South 30 degrees, 29 minutes East, 3880.0 feet; THENCE westerly with said curve and with said northerly line of Loop 2884 generally along the back of a concrete parking lot curb, a distance of 206.14 feet to a 5/8" iron rod set against said back of curb for corner; THENCE North 40 degrees, 54 minutes, 42 seconds West, crossing a portion of said Lot 7, 71.76 feet to a 5/8" iron rod set 0.2 foot off the back of a mall "ring road" curb for corner; THENCE North 49 degrees, .05 minutes, 18 seconds East along said back of curb and parallel with the most southerly southeast line of Lot 3 in said Block 1, Golden Triangle Addition, and a northwesterly line of said Lot 7, 6.0 feet to a 5/8" iron rod set for the beginning of a curve whose center bears North 40 degrees, 54 minutes, 42 seconds West, 150.0 feet; THENCE northeasterly with said curve, continuing along the said back of curb line of road, a distance of 159.74 feet to a "Y" cut 0,9 foot easterly from the westerly face of a concrete traffic island for the end of said curve; THENCE North 11 degrees, 55 minutes, 42 seconds Nest and parallel with the most southerly east line of said Lot 3 and a west line of said Lot 7, 103.02. feet to a p-k nail set in asphalt pavement for corner; THENCE North 18 degrees, 52 minutes, 08 seconds East, 25.39 feet to a 5/8" iron rod set for corner in a grass median between a parking area and a mall entrance/exit road, THENCE North 78 degrees, 52 minutes, 08 seconds East in said grass median and parallel with a northerly line of said Lot 7 and a southerly line of said Lot 3 88.87 feet to a "Y" cut in the gutter of pavement of exit lane of said mall entrance road and in the most easterly east line of said Lot 7 and said west line of Colorado Boulevard, said point being on a curve whose center bears North 76 degrees, 40 minutes, 21 seconds East, 850.0 feet; THENCE southerly with said curve and with said most easterly east line of Lot 7 and west line of Colorado Boulevard, a distance of 254.51 feet to the PLACE Of BEGINNING, and containing 0.9132 acre (39,780 square feet). Page I of l 4 F Planning and zoning June 23, 1993 4AondaNo.9>' (1Q?6 Page 3 ATTACHMENT 5 pABendalfe IV. Hold a public hearing and consider an amendment plan p72a7 n p 0. of the No, 6 by Golden Triangle e Addition, d portion allowing afinancial institution. The .9132 acre site is located at the northwest corner of State Highway Loop 288 and Colorado Boulevard. STAFF REPORT: Staff report was given by Owen Yost. Mr. Yost reported the applicant was requesting an amendment to Planned Development 6 by approving a detail plan for a portion of the Golden Triangle Addition, allowing for a 3869 sq. ft. financial institution. The area around the site has both commercial and retail usage. The site is located in an urban center. There will be no change in the infrastructure. The sewer service is insufficient and the applicant proposes to add an off site man hole, and bore under Loop 288 for an other Theesitenis part of utilities Mall parking sufficient Five notices jwere mailed to property owners, only one reply was received in favor. An analysis of parking shows that the Mall has 31733 parking spaces. The bank would need an additional 13 spaces as required by the zoning ordinance, increasing the number of required spares to 3,746 spaces. The Mall makes 3,852 available. 20 spaces would be provided by the proposed Bank (including 2 handicap spaces). There would be a surplus of 66 spaces. RECOMMENDATION: Staff recommends approval z-93-014. Since the tract is located in a designated Urban Center, allocation of intensity trips has no limit. In fact, there will be no change, since the tract is already designated for commercial use. Mr. Cochran commented that he saw no plans for a dumpster. Mr. Yost said there would probably be a liberal use of shredders. Ms. Flemming asked if the Bank would have onp or two levels. Mr. Yost said the building would be 1 and 1/2 stories. PETITIONER: Randy Klein, a representative for Halbech-Dietz Architects said the Bank would provide both inside and drive up banking services at the corner of Colorado Boulevard and Loop 288. The bank's daily operation would have a janitoral visit that would include trash service. He asked the commission to look favorably on the project and he would be glad to answer any questions. In FAVORS None In OPPOSITION., None The public hearing was closed. Mr. Glasscock recommended approval of z-93-0140 Mr. Engelbrecht seconded, and the motion carried unanimously (6- 0). r . CITY COUNCIL ° O C ~ s v 0 o ep p°"• to p0~~ I OL00~ rkr~ ~a k3. 93.r,~' 27.(2 Agenda llerr~~~j~'/,.~j DATE: JuW,82Dr_.j9 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: MINOR AMENDMENTS BY STAFF FOR PLANNED DEVELOPMENT DETAILED PLAN RECOMMENDATION: The Zoning Ordinance Task Force recommends approval and the Planning and Zoning commission recommended approval, 6-0 on June 23, 1993. SUMMARY: The amendment would allow the Executive Director of Planning and Development to approve "minor amendments" to approved PD detailed plans within the specified parameters spelled out in the ordinance. The amendment would be consistent with the existing minor amendment provision applicable to specific use permit (SUP) site plans as shown in attachment 2. The current PD article allows for minor amendments only for "errors or omissions" as shown in attachment 2. The amendment provides tight parameters for administrative amendment to plans approved by P&Z or the Council. It can eliminate needless, frustrating delays, staff work, and public decision making time and effort. The practice is used in many other cities. However, any degree of staff discretion in such legislative matters should be carefully considered. There are some legal risks associated witY this amendment. A Planned Development District is an ordinance in its own right, just like the City's sidewalk ordinance. Administrators, as a general rule, are not authorized by law to waive or vary the terms of an ordinance, This can only be done by a quasi legislative/ judicial body granting a variance. The possibility of lawsuits by property owners neighboring a development requesting an administrative change to a PD ordinance should be carefully weighed by the Commission and City Council before this revision to the Zoning Chapter is adopted. The Planning and Zoning Commission has directed that the staff report to them concerning denied or approved changes, if the ordinance were passed. AQ6#O NO BACKGROUND: Ap Walf The proposal is a consequence of our regulatory ~ aOT streamlining program and constant, numerous complaints by development interests, PROGRAMS. GROUPS AFFECTED: Development process, staff, decision makers, PD developers. FISCAL IMPACT: None. ATTACHMENT: 1. Draft ordinance. 2. Existing ordinance excerpts. Respectfully submitted: ~Lt r vt'~-~ - Prepared by: 1 yd V. Harrell city Manager AY1 idffb ( 11,((,, F aAn o bins AICP Executive Director Planning and Development A.0003oo e:lwpdoc%\ordldetail.pln ;~,ipd COQ Jenaa uem 9 bIF ATTACHMENT 1 3B ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING REG- ULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES RELATING TO PLAN- NED DEVELOPMENT DISTRICTS BY ADDING SECTION 35-158 PROVIDING FOR A MINOR AMENDMENTS TO A DETAILED PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF D£NTON, TEXAS: SECTION I: That chapter 35 of the Code of Ordinances relating to "Zoning" is hereby amended by adding to Article IV entitled "PD, Planned Development Districts" a section 35-158 providing for minor amendments to a detailed plan so that hereafter said section shall read as follows: Bee. 35-158. Minor Amendments to a Detailed Plan. Upon request of the applicant, the Executive Director of Plan- ning and Development, or his designee, may authorize minor amendments to a detailed plan so long as such minor amendments do not change the land use or substantially change the charac- ter, development standards or design of the development as shown on the approved detailed plan. For purposes of this pro- vision, a substantial change" shall mean a change which will increase the number of proposed dwelling units; increase the floor-to-area ratio, size of structure, height, lot coverage or number of stories or buildings; reduce lot, yard, or space size; decrease the amount of required off-street parking spaces; change types of buildings, setbacks, street access points, or lots; or increase density, change traffic patterns or alter the basic relationship of the proposed development to adjacent properties, The Executive Director of Planning and Development, or his designee, shall make such authorization only in writing in and such document shall be placed in the ordinance file governing the specific plan. SECTION II: The provisions of this ordinance are separable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. SECTION IIZ: 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. f ~ ondaNo 4gsndall ~f6 SECTION IVO That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CIT:70RNEY BY: r , Page 2 r i 4gondaNo q ^~}C - Agend~~lm ATTACHMENT 2 Da 18 2 MINOR AMENDMENT FOR SUP'S Bea. 35-119. Amendments. The procedure for amendment of a specific use permit shall be the same as for a new application; provided, however, that the director of the department of planning and community development may approve minor variations from the original permit which do not increase density, change traffic patterns or result in any increase in e:;ternal impact on adjacent properties or neighborhoods. (Ord. No. 69-1, Sec. I(App. 8, Art. 10I), 1-14-69; Ord. No. 81-103, Sec. I, 11-3-81; Ord. No. 84-92, Sec. 1, 7-24-841 Ord. No. 85-33, Secs. 1, 2, 2-19-85) CURRENT PD MINOR AMENDMENT PROVISION Sao. 35-183. Corrections of errors, omissions on detailed plan. Upon the request of an applicant, the chairperson of the develop- ment review committee may authorize minor technical changes or adjustments in the approved detailed plan to correct errors or omissions, so long as such changes do not substantially change the use, character, or design of the development. (Ord. No. 91-016, Sec. I, 2-5-91) PAGE 3 14erAaNO 4Gen~allem Minutes Planning and Zoning June 23, 1993 Page 7 It's members recommended approval with the retention of a utility easement. At the last meeting the Commission recommended Planned Development zoning and a gate across the cul de sac. In order for that to happen the cul de sac will have to be abandoned. Mr. Cochran moved to recommend abandonment of the cul de sac on Southmont Drive. Mr. Willis seconded, and the motion carried unanimously (6-0). VIII Hold a public hearing and consider an ordinance adding Section 35-158 of the Zoning ordinance, providing for minor amendments to Planned Development detailed plans to be approved by the Executive Director of Planning and Development. STAFF REPORT: Staff report was given by Frank Robbins. Mr. Robbins explained that the amendment would allow the Executive Director of Planning and Development to approve "minor amendments" to approve PD detailed plans within the specified parameters spelled out in the ordinance. The amendment would be consistent with th,3 existing minor amendment provision applicable to specific use permit site plans. The current PD article allows for minor amendments only for "errors or omissions". The amendment was recommended by the Zoning ordinance Task Force, and is a consequence of the complaining by developers about small items like moving a dumpster or the size of a median or some small landscaping change. The ordinance does set some parameters. The amendment could not change the number of units, the number of stories, or be more detailed than the SUP which allows for the minor amendment to be approved by staff. However, any degree of staff discretion in such legislative matters should be carefully considered. There are some legal risks associated with this amendment. A Planned Development District is an ordinance in its own right, just like the city's sidewalk ordinance. Administrators , as a general rule, are not authorized by law to waive or vary the terms of an ordinance. This can only be done by a quasi legislative/judicial body granting a variance. The possibility of lawsuits by property owners neighboring a development requesting an administrative change to a PD ordinance should be carefully weighed by the Commission and city council before adopting this revision to the Zoning chapter. IN FAVORi None IN OPPOSITION: None Public hearing was closed. sgeada No Agecda!lam S Ou, I E~ a g Minutes Planning and zoning June 23, 1993 Page S Mr. Cochran asked if there was a mechanism to deal with the Executive Directors. Mr. Robbins explained there would not be an appeal process. Complaints would have to be put on the commissions agenda. There is a provision in the zoning ordinance, in any case where there is objection to the staff recommendations, that the cases would be heard by the Board of Adjustments. one of the problems is, what could the Board of Adjustments do after the building has been built. Mr. Cochran asked if the commission would be notified of any changes, and what type of records would be kept for accountability. Mr. Robbins said the changed plans would be signed by the Executive Director and placed in the file. If the Commission wanted a report, that could be done. Mr. Cochran said he could see where the flexibility would have benefits for both staff and the citizens. Mr. Engelbrecht asked what type of time frame would be involved. Mr. Robbins said the changes would be done the same day. Many could be done in a matter of minutes. Mr. Willis asked if the changes would be made upon request of the applicant. Mr. Robbins said yes, staff could not initiate changes. Ms. Cooper said there was a lot to be said about the flexibility of being able to make decisions on the spot. Some of the changes could be made in a matter of minutes, which would eliminate a long turn around time for cases to be brought back to the Commission and to Council. Mr. Willis asked if examples of such minor changes could be brought to the Commission or show the Commission changes over the next few months as cases are presented of things that could have been changed by the new amendment. Mr. Robbins asked if the Commission wanted to wait before making a recommendation to see what situations arise over the next couple of months. Mr. Engelbrecht said it was one thing to change from a live it JendaND ~aundalle,n Minutes _ Planning and Zoning ~Q June 23, 1993 Page 9 oak to a pear tree. In the ordinance could a type of tree or shrub be changed within the same species. Mr. Robbins said if the trees were different they could not change it. Mr. Engelbrecht asked if a fence could be changed to wood from brick. Mr, Robbins said no, the amendment would be only used for minor changes to help cut down on the turn around time involved if a case has to go back to the Commission or the Council. Mr. Willis asked if the amendment could be changed in such a way where the Commission could be notified. If they were notified they could be aware of the changes and the frequency. Mr. Engelbrecht asked if it should be an ordinance or an administrative procedure, Mr. Cochran said an administrative procedure would do. He asked if there was a safeguard to keep staff from making a change that would be more intense the change someone had on their mind. Mr. Robbins said the changes could only be made by request of the applicant, Mr. Cochran moved to recommend approval of the amendment which would allow staff to make administrative changes. Mr. Glasscock seconded, and the motion carried unanimously (6-0). IX/X Director's Report Mr. Robbins said the Board and Commissions Reception was scheduled for 7-9 p.m., July 27, 1993. The 911 case will be brought back on July 140 1993. Briggs is the vacant house on University next to the strip center on Locust and University, it will probably be conditioned zoning. Plats for the Johnson case that was recommended tonight would be coming up, The Hudspeth Minter preliminary and final plats the Commission recommended approval on has temporarily been held. one of the land owners, DISD, would rather not have the plats approved by Council till the property has closed. I I CITY COUNCIL ~0P D♦ O 4 C O ytGN t1*OV 0 Q•~~p0 R Age~daltcm C?"Y COUNCIL REPORT Dots /,-dG-q~ 4- TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Request from the Kahuna's Deli and Grill for an Exemption to the Noise Ordinance on Saturday, August 7, 1993 DATE: July 20, 1993 SUMMARY: The ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuJeance, 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. Ted Kruger, representing Kahuna's Deli and Grill has requested an exemption to the noise ordinance on Saturday, August 7, until 12 midnight for loudspeakers, amplifiers, and musical instruments. The restaurant, located at 110 N. Carroll Boulevard, has planned for a band to play at a volleyball tournament which will be held in the parking lot. Mr. Kruger indicated that he will be responsive to any concerns about the noise by neighbors. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Kahuna's Deli and Grill, event participants, neighborhood FISCAL IMPACT: None Please let me know if I can provide additional information. RESPECTFULLY SUBMITTED, cC 6GL 40yL1 Harrell City Manager Prepared by: Catherine E. Tuck Administrative Assistant Ageedait e4fi Date - - Q <<~7 GO w ' ! ~ C_U1J ~~'~(Q_R.. J w,✓C..r. c- ! '~'~7 vr'Jif j ju is, f r ~ 19 J9,4h f/tK., L f lr ► t( ¢ %J a-K roc- .rr j`?,jCst Eats/ 8~'~w ~ eP per, o Cf Agenda No Ageodaitem ff aate._~ -?anll Chapter 20 NUISANCES• Art. 1. In General, It 20.1--20.30 Art. 11. Abandoned Property, 16 20.31-20.70 Div. 1. Generally, 1120-31-20.40 Div. 2. Motor Vehicles, ff 20.41-20.70 Art. III. Grass and Weeds, It 2071-2073 ARTICLE L IN GENERAL Sec. 20.1. Noise. (3) It shall be unlawful for any person to make or cause any unreasonably to-ad, 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 acts, 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 of any stationary loudspeaker, amplifier or musical instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in the 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 time on Sunday; provided, however, that the city council may stake exceptions upon ap•; !icatfon 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 nonce of the time to begin or stop work or as a warning of danger, (4) The ered!on, excavation, demolition, alteration or repair work on any building at any time other than &,tween the hours of 7;00 am. and 8:30 p,m., Monday through 'Cross references-Protected migratory bird roosts declared nuisance, 16-87; inspection and abatement warrants, 119-86 et seq.; insect and rodent control in mobile home and re* reational vehicle parks, 132-91. supp. !70. 1 1389 a -VeudaNo. Agendalla f 20.1 DENTON CODE Saturday; provided, however, that the city council may issue special permits for such work at other hours In case of urgent necessity and in the interest of public safety and convenience; (5) The creation of any loud and excessive noise in connection with the loading or un lading of any vehicle or the opening or destruction of bales, boxes, crates or con• talners; (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, snow, theatre, motion picture house, We of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1866, If 14.20, 14.21) Cross reference-Animal noise,; 6.26. Sec. 20.2, Odors, (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities In the Immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such chara,,fer, strength or continued duration ss to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, n,rong others, are declared to be odor nuisances in violation of this Code, but such enumerc.ion shall not be deemed to be exclusive: (1) Offensive 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 persona of ordinary sensibilities; (2) Offensive odors from privies and other similar plac,as; (3) Offensive odors from the use or possession of chemicals or from Industrial processes or activities which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from smoke from the burn+ng 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 gartiagsr, retu", offal or dead animals on any premises. (Code 1066, if 14.22, 1423) ' See. 20.3, Garbage, trash and rubbish nuleances-Generally. (a) Storing or keeping garbage, trash and rubbish. The storing or keeping of any at ! all sta:ks, heaps or piles of old lumber, refuse, funk, old can or marhtnery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or buildings, piles of stonee, bricks or broken rocks on any premises bordering any public street Supp,No.1 1390 j wir~wrrr.r rri IH ilr r~r r~ E ~ ~ r„ .,t x~ i Agenda No whom Agendatt Date lo f DATE: 07/20/91 CI.T1'...CUL~C,11 _.,B~1'~liT.__F.OIt,!~t1T T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CITY COUNCIL CONSIDERATION REGARDING CLOSING TIIE 100 BLOCKS BLOCKS OF OAK, ELM, HICKORY, AND LOCUST FROM 6 A.M, - 6 ON SATURDAY, OCTOBER 2, 1993 FOR "COUNTY SEAT SATURDAY" CELEBRATION ]3. KOMEN_i?ATI9N:. Recommend approval. 13ASKag%UN 1L.' For eight consecutive years the Denton Central Business District Association has sponsored County Seat Saturday, a celebration on the Courthouse Square provided for the community by the downtown businesses, This celebration has grown into one of the most popular in Denton and last year attracted over 71000 visitors to the Square. The Denton County Commissioners Court has shown its support for this community event by granting permission to use the Courthouse and grounds without charge. To provide for the safety of the community and provide space for special events, it is necessary that the streets or, the square be closed from 6 a.m. - 6 p.m. on the day of the event only. The attached petitions In favor of the street closing reflect the support or the merchants and property owners for this event. Ona business, T & Sons, refused to sign the petition in either favor or opposition. This establishment has access to their building from Austin Street. r N AWdaiwl Agenda Date Proper ty owners not represented by businesses on heSquare were mailed a letter of explanation and asked to return a signed petition, A copy of the letter and returned petitions are attached, Businesses on the Square, Main Street Program, DCBDA, event participants, community at large, F_I_~C_gy. I ~IPAc:x.. None lly su , e4VIlarrell L oyd City Manager re fired 49a -nager Ma n Street Program A 4ROb c' ran , A1CP Execor Planning and De velopment i III, . pnda No. 0 AAend$~~Ileas owale ° U11CU R _ UMSYMN MAIN STREET DENTON 100 West Oak, Suite 204 Denton, Texas 76201 {817} 566-8529 July 7, 1993 Thomas Talkington 107 N. Elm Penton, TX 76201 Dear Mr. Talkington, County Saat Saturday is a celebration and commemoration of the spirit and tradition of the past. It is a gift to the community from the merchants and professionals in the Central Business District Association. The Courthouse on the Square will be transformed from the seat of county government to the seat of social functions as it was in 1896, when the cattle trail came right through town. Once again, the event will require that we limit access to the Square to pedestrian traffic. The City of Denton requires that, in addition to signatures from business ownrra in the affected area, we collect signatures from property ownrrs. We would appreciate you signature on the enclosed form. 4e have enclosed a self- addressed, stamped crivelope for your ce,nvenirnce In returning the signed form to the Main Street office t)y July 13, 1993. In 1990 County Seat Saturday received the award for Best promotional Event from the Texas Downtown Association, with your cooperation, we can continue this tradition of this award-sinning festival in Denton. Thank you in advance for your prompt response. If you have any questions regarding tho street closure or County Seat Saturday, please do not hesitate to call us at 566-8529 or metro 214-434- 2520, extension 8529. Sincerely, Jane Biles Hain Street Hanager encl. AFFILIATED WITH: .4atlonal Trull for Histork Preservation, Natlonal Main Street Center, Texu Historical Commission, Texs t Main Street Center, Texas Downtown Aaocladon, Denton Central Suitness District Assoclatlon Agenda No _ q RE tr~sben al I~FOR LSITR~~T C3LOSCr~ ie _'7 - Organlzatlon Requesting Street Closures Coluit7 Seat Saturday (Dento r~ Cential Business District Association) Contact persons Doug Leach Guaranty rederal Bank Addreass 300 N. Elm, Denton, Texas 76101 Phone Numbers 917505 -16 -3 Street To Be Closed l IV, Oak f 100 block) , N. EIm 100 block) , N, Locust (100 bloc"), Date and Time To Be Closedr Oct, 2 1.2 5_am - 9 pm w• Hickory (100 block) 4--- 1- Intersecting Street@i_(1) W. oak 8 N E1ms2) N. Elm 0 w, ilickory; (3) N. t. „~r A Pl }{ickorv: (4) 14 Oak 6 N locust Reason For Closures Sth /lrtnual County Seat Saturday Festival for booths, parades, refreshments, prizes, fun run, Please complete the lower portion of this form, ALL property owners and/or tenants affected by the street closure MUST be eontacMe and must sign below with an indication of being in favor or in opposition to the street closure. Memo of Property Owner/ Address Authorised Favor/ Tenant o! Pro rt nature oppose se 1 ~r 0 2. 3. _ 4. 5. 7. 8. 9. 10, AMMOOOFC t II I AgendaNo. Agenda Item RE~VEBT FO]ii STREET OI.O$L`~' • Organization Requesting Street Closure- Countv Seat Saturday (Cen Rue Uiat.Assoc, Contact Person: _a,,,_. _ Mn~eer Guaranty Federal Bank Address: 400 N s?lm Denton Tx 76201 Phone Numbers 1317-1R7-1%n% Street To Be Closedt West ilck 100 Block),North E1m (100 Bit, .N. Locuat(100 Blk,), Date and Time To Be Closedioctober 2, 1993 Sam-9pm "ER-07-7-MU-M7 Intersecting Streetstk West oak and N, Elm (Blo•k of Court House/Museum), -21N. Elm b W Hi korv3)N. Locust b W Hickory)W, Oak d N. Locust Reason For Closures 8th Annual Count c.-- Festival.for booths, parades -refreshments orizes fun run Please complete the lower portion of this form, ALL property owners and/or tenants affected by the street closure MUST be contacM and must sign below with an indication of being in favor or in opposition to the street closure, Name of Property Owner/ Address Tenant Pro rt Authorized Favor/ si nature 1. IAW)lir- i i1/yj ae (O( AI Ge ,N Sail/, li 2 . 1C_ 4. 5. 1 J ~ i 86 4C , 9. ~dE,Q f r! ct w. 10. v U t f . • , , ~ . ~ i . t _ 1 a 4 N (AV%. AMMOOOFC a geMaN0 : Age~miem - / E-5~~~:5~ T FOR STRE C7~ R -il L t Organization Requesting Street Closures Countv Seat Sat E T urda !Cen. Bus. Diat..4ss i Contact Poison: _rLa ^rh -Manager Guarant Federal Bank Addres8sDenton Tx 7b201 Phone Numbers-387-9505 Street TO Be Closed: _Jeat oak 100 Block),North Elm (100 Blk.).N. Locust(100 Blk.), Date and Time TO Be Closedsnctober 2, 1993 5am-9pm Aic pry Intersecting Streets! West O.ek and .1. Elm (Block of Court House/Museum), _21 N. clm d W~fjSckorv3)N~Locuat _ Hicko b WrZ, W. Oak d N. Locust Reason For Closures 8th Annual Count_ y_ Seat _Festiv~ e_ 1_ for booths, rades ref- rlyhmr,nts. nrizea. fun run` Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contaced and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property owner/ Address en ant o! Property signature favor/ _ S nature oppose 1 =-7.ZL M/1. /~ICl~nL2 i' -i_ .Ni. Dad jQ - 1 B. C ) C rr I I) ~}4 /1 9 • d, h/ CJr/e r, 10 AMMOOOFC ~r /r(C _ lr. - ! : ✓~n e Ho, ~enoaitur~ n~ RffiQVEST FOR STREET CL, C7 ~sasr Organization Requesting Street Closurei ? ~i Seat Saturday (Cen. Bus. Dist.Ass CoAt9ct Person t_n,,,,, -Manager Guaranty Federal Bank Address t :oo n Tx. 7b203 Phone Number i Street To Be Closedt West Oak 100 82ock},North Elm (100 Blk.).N. Locust(100 Blk.), Date and Time To Be ClosedtOctober 2 1997 Sam-9 m c ory Intersecting Streets ri}Weat Oak and N Elm (81oc! of Court House/Museum), 2)N Elm 6 W, Hickorv3)N. Locust 6 W Hfckory;`)W Oak 6 N locust Redson For Closures 8th Annual County Seat Festival for booths, parades refreshments, or1=es, fun run 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 Tenant of Pzo rt Authorized ravor/ na re o se 1. JT~ r oo (a. ---ufl[L' L.lC'I1'~I+Cf~L~1/Y'/~/G~ h r 4. X/ 7 9. "GZ(7 "c X4,;,I G 10. /J S. AMMOOOFC ~9 r or R 3 y apanoa~ e REQUEST FOR STREET ULOSiT~I~^`~ Organization Requesting Street g6 Closure tCounty Seat Saturday (Gen Bus D1st.Assoc Contact Person: n ,,g reach -_Manager Guaranty Federal Bank Addresst,~p0 N. Elm Denton Tx. 76201 Phone Numbers _41L-_38 7-3505 Street To Be Closedt West Oak (100 Block),North Elm (100 Blk) N L.cust(100 Blk.), Date and Time To Be ClosedtOctober 2, 1993 5am-9pm c oryZMO -EI?cY Intersecting Streetstl)Weat Oak and N. Elm (Block of Court House/Museum), 2)N. Elm 6 W Hickorv3)N Locust b W H4ckory4)W Oak d N Locust Reason For Closure: 8th Annual County Seat Festival for booths, parades _ refreshments prizes fun run Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacts and must sign below with an indication of being in favor or In opposition to the street closure. Name of Property Owner/ Address Authorited favor/ Tenant / of Proparts'r/ J Si natu a oDDOu 01 f/e' AC I; l 4. Ice) A+VV 0V 4- V 66 7' /J y rr C 10. L~r„t /Iturr~ lfi~¢ _jd5 ~.Ec„. S'r x?y, Caro l Y K,5 Wit; u,., s i o ov A io Virginia lkunilton AmdaNo. 3knoumST FOR STREET OL09 ~ . .C~ Organization Requesting Street Closures Count Seat Saturday (Den Central Business District Association) Contact Persons Doug Leach Guaranty Federal Bank Address 300 N. Elm, Denton, Texas 76201 Phone Numbers 817-387-3505 Street To Be Closed r_W. Oak (100 block} N Elm (100 block), N Locust (100 block), Date and Time To Be Closed s Oc_t.2, 1993 5 am - 9 PM W. Hickory (100 block) Intersecting Streatss_(1) W. Oak 6 N. Lin- (2) N Elm 6 W Hickory; (3) N Locust F Vt. Hickory: L4U W. Oak 4 N. Locust Reason For Closurer 8th Annual County Seat Saturday Festival for booths, parades,_refreshments, prizes, fun nut, Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contac ei`d and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property owner/ Address Authorised favor/ >efteft of Property signature _ __OvoI-8 11N 1/3-~ l ISM r L jai✓ IL?- r~i..... y~ J i 3 i 4. S a, 7, s. _ 9. 10. AW000FC a endaNo M Bill/Ann i7rint. AG Agenda~~em x~gvasT >B'oz sTR~~T a=.r.+HUx' .=s Organization Requesting Street Closurer County Seat Saturday (Denton Central Business District AssociaCion) Contact personi_ Doug Leach Gwirenty Federal Rank Addrass, 300 N. Elm, Denton, Texas 76201 phone Numberi 817-387-3505 Street To Be Closed: W. Oak (100 block). N. Elm (100 block), N. Locust (100 block), Date and Time To Be Closed Oct_T24 1993; 5 am - 9 pm Vt. Hickory (100 block) Intersecting Streetan 1 K. Oak N. Elm; (2) N. Elm F, 1P. Hickory; (3) N. _ Locust E 11, Hickory; (4) W, Oak 6 N. Locust Reason For Closure: 8th Annual County Seat Saturd_L Ff_stival for booths, parades, refreshments, prizes, fun ,'L.., Please complete the lower portion of this form, ALL property owners and/or tenants affected by the street closure MUST be cont4et`0 and must sign below with an indication cd being in favor or in opposition to the street closure. Name of Property Owner/ Address Authorised ravor/ Tenant of Property S1 nature 1. S Z 3 Ll 4. s. 6. 7. 8. 10. AlM000FC t agernla No ~„n r~~IrIiri~lcAgendaltem - RRQVEST P'OR 9TR!$!CT CLOSUR~~Q Organization Requesting Street Closures Countv Seat Saturday (i),,nton Central Business District Association) Contact Persona Doug Leach Guaranty Federal Bank r.ddreess 300 N. Elm, Denton, Texas 76201 Phone Numbers- 817.387-3505 Street To Be Closedi W, Oak (100 block), N. Elm (100 block), N Locust (100 block), Date and Time To Be Closed Oct. 21993; 5 am - 9 pm 11. Hickory (100 block) Intersecting Streets i_ 1 ~V._Oak 6 N. Elm; (2) N. Elm $ W, Hickory; (3) N. Locust E W, Hickory: (4) W Oak F, N Locust Reason For Closure i_Sth Annual County Seat Saturday Festival for booths, -parades, refreshments prizes, fun run. Please complete the lower portion of this form. ALL property owners and/or tenants atfected 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 Authorised T ant 42 of Property Sianature 41 se 1. 4. 3. 4. S. 6. 7, 8. 9. 30. AMHOOOFC F Jake Craveo oeedaNo. 4pendaltam REOVEBT FOR 8TRlC>~T CL08VR1r@_,..~~ Organization Requesting Street Closure:_ County Seat Saturday (Denton Central Business District Association) Contact Person: Doug Leach Guaranty Federal Bank Address: 300 N. Elm, Denton, Texas 76201 Phone Number: 317-387-3505 Street To Be Closed: W Oak (100 block), N. Elm (100 block), N. Locust (100 block), Date and Time To Be Closed: Oct, 2. 1993; 5 am - 9 pm 11, Hickory (100 block) Intersecting Streets: _(1) 1+1, Oak & N. Elm; (2) N, Elm & W, Hickory; (3) N. Locust 6 V!. Hickory; (4) W. Oak 6 N. Locust Reason For Closurer 8th Annual County Seat Saturday Festival for booths, parades, refreshments, prizes, fun run, Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contac-Ga and must sign below with an indication of being in favor or in opposition to the street closure. Name of roo rty Owner Address Authorized avor/ /r Teeny Of Property Signature pa ve- 1._1hHC /_%Y~~JPG9 /251 ~ria{(~lU rfl~.~ 7s1~rDY 2. 3. 4. 5. 6. 7. 8. 9. 10. ANNOOOFC I Margaret Ilutchinson AQ9ndaNo 4gendalle rl REQUEST FOR STREET Organization Requesting Street Closures County Seat Saturday (Denton Central Business District Association) Contact Person: Doug Leach Guaranty Federal Bank Address: 300 N. Elm, Denton, Texas 76201 Phone Number. 817-387-3505 Street To Be Closed: W. Oak (100 block) N Elm (100 block), N, Locust (100 block), Date and Time To Be Closed: Oct. 2, 1993; 5 am - 9 pm W. Hickory (100 block) Intersecting Streets: Q4" 6 N. Elm; (2) N. Elm W Hickory; (3) N locust f W HickotY: (4) W Oak 8 N Locust Reason For Closure: 8th Annual County Seat Saturday Festival for booths, parades, refreshments, prizes, fun run I Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacts and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property Owner/ Address Authorized Tenan! o Property 91nature taror/ M1~R4AS~'TC I-JLITL'Nf u 1 • lox tn/ Lim ~ G~ ~ ! tia.~ ~YorZ 3 i i 4. S. 6. 7. 8. 4. 10. AMM000FC Diversified Concepts QenaaNo VW 47 apendal; ' 7tEQUEST FOR STREET CL0Stj"0at8 Organization Requesting Street Closure:- County Seat Saturday (Denton Central Business District Association) Contact Person: Doug Leach Guaranty Federal Bank- Address,-300 N. Elm, Denton, Texas 76201 Phone Number: 817-387-3505 Street To Be Closed: W. Oak (100 block), N. Elm (100 block), N. Locust (100 block), Date and Time To Be Closed: Oct. 2, 2993; 5 am - 9 pm W. Hickory (100 block) Intersecting Streets r (1) W. Oak S N. Elm; (2) N. Elm $ W. Hickory; (3) N. Locust 8 W, Hickory; (4) W. Oak F, N. Locust Reason For Closures 8th Annual County Seat Saturday Festival for booths, parades, refreshments, prizes, fun run. Please complete the lower portion of this form. ALL Property owners and/or tenants affected by the street closure MUST be contact- 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 n^ of Property ~l signature ODDpse Q(V EQS s r-1 e D ~e N CePrs Tile l I4 W { 14:~kY QI i , ✓I- 2. V 3. 4. 5. 6. 7. / 8' 9. 10. - AMM000FC y 1W W Ruth hliecler #gendaNO. Agenda=50 R~QV~gT P'OR writzlerr CLOSVR~1e organization Requesting Street Closures County Seat Saturday (Denton Central Business District Association) Contact Persons Doug Leach Guaranty Federal Bank Addreess 300 N. Elm, Denton, Texas 76201 Phone Numbers 817-387--1505 Street To Be Closedt W Oak (100 block), N Elm (100 block), N. Locust (000blO(:k)) Date and Time To Be Closeds Oct.2T1Q93' 5 am - 9 Pm Hickory; (3) N. Intersecting Streacrs (1) W Oak 6 N Elm, (2) N Elm F, 14, l,J Hicko ' 4 W. Oak 4 N. Locust Reason for Closures 8th Annual County Seat Saturday Festival for booths, grades refreshments prizes, 'fun run- Pleaes complete the lower portion o9 this loan- AU property owners and/or annants affected by the o being in r favor l or uia op itionttottthheasstreet cloy below with Authorised favor/ Hams of Property Owner/ Address eionature ~ ~nastt of of pro Propert 7 7. - 4. 5. b. 7. e. 9. 10. AWOOOFC genoa No J 69 6 +aendalls 5' L Ya t` ~r i ~ r6 e r7 RESOLUTION NA, A RESOLUTION TENPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, THE 100 BLOCK OF WEST OAK STREET, THE 100 BLACK OF NORTH LOCUST STREET, AND THE 100 BLOCK OF WEST HICKORY STREET ON OCTOBER 2, 19931 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Central Business District was once the social and commercial center of Denton Countyl and the poopRlli of hDenton hfrom within this historic district wto serve ish to commemorate the spirit and tradition of its past, and WHEREAS, since 1896, the "Court square" area was transformed each Saturday from the seat of co,:nty government into the social gathering place for its citizenal and WHEREAS, all abutting merchants and professionals surrounding the area have given their permission to the temporary closing olt said strestsl and WHEREAS, County Seat Saturday is open to the general public of the City and County of Dentoni and WHEREAS, in order to provide adequate space for County Seat citizens who att nd t the~ciand in order to ty Council of tthiprotect City tof the Denton diems it necessary to temporarily close the 100 block of North Elm Street, the 100 block of West Oak Street, the 100 block of North then"C urth use quare"t from the hours iOfo6100taem, , ncom til16:00 p.m. on October 2, 19931 NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES! S.ECTIgN i. That the 100 block of North Elm Street, the 100 block of West Oak Street, the 100 block of North Locust Street and the 100 block of West Hickory Ptreet, comprising the "Courthouse Square", shall be temporarily closed as public streets or thorough- fares of any kind or character whatever on October 2, 1993 from 6100 a.me until 6:00 p.m. for the purpose of holding "County Seat Saturday." 8ECTION Ii. That the City Manager shall direct the appropriate City Department to erect barricades at the 100 block of North Elm Street, the 100 block of West Oak Street, the 100 block of North Locust Street, and the 100 block of West Hickory Street, at 6,00 a.m. and to have the same removed at 6:00 p.m. on October 2, 1993. 6 Ke:r:a vendaNo A apen , to late M6 I SECTION III, That the portion of the above described streets shall revert back to the City for normal traffic activity immedi- ately from and after 6:00 p.m. on October 2, 1993. SECTION IV. That this resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCM, CITY ATTORNEY BY: " r PAGE 2 1 1 M 1 ' Apen~al CITY COUNCIL REPORT ~ ' l a f5 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Ordinance Providing for Temporary No Parking on Various Streets Around the North Texas State Fairgrounds from August 20-29, 1993 DATEi July 20, 1993 BACKGROUNDi The North Denton Center Neighborhood Association has requested that a temporary no parking zone be provided on various streets surrounding the North Texas State Fairgrounds during the North Texas State Fair and Rodeo, August 20-30, 1993. The following streets have been requested for temporary no parking: Both sides of Carroll, from Fain to Headlee= West side of Denison, from University to Sherman; East side of Denison, from Sherman to Headlos) West side of Bolivar, from Sherman to Fain; South side of Ross, from Carroll to Bolivar) North side of Fain, from Carroll to Bolivar. North side of Strata, from Carroll to Mesquite; This has been requested to allow better traffic flow and reduce congestion on Carroll Boulevard during the North Texas State Fair and Rodeo. It was also requested to alleviate some on street parking during the Fair and Rodeo that causes problems in the neighborhood. This information was presented to the Citizens Traffic Safety and Support Commission by Gene Truss, President of the North Denton Center Neighborhood Association, on July 12. The Commission voted unanimously in favor of this temporary request. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Neighborhood residents, visitors attending the North Texas State Fair and Rodeo FISCAL IMPACTI None, i AgendaNa. Agend Its ' Please adviae if I need to provide additional informmat on. as RESPECTFULLY SUBMITTED, D4 a , j Llop3 V. Harrell City Manager Prepared bys i d L,/ Catherine E. Tuck Administrative Assistant i i I i i endaNo S andalle W Mom 7 z LA t®r 2! 0 ,AID LN. . i .00- LNUAl hood nN M FAM0lOlM RCS ' ~ HWY uj ~VERS T SAM j- T n ~ wayw Y . JE U CM = LJ 1 ESC N? o J m J J O LINDEN ❑ Y MWWA~Y v UWANOLS 3 Et\HP0M$\0AD\CAAA0LL.0 'gendaNo +genda~em r late _ r C ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEAJI-EE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH PHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSEC- TION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TG ITS INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS CTATE FAIR AND RODEO TO BE HELD FROM AUGUST 20, 1993 THROUGH AUGUST 291 19931 PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR PUBLICATION THEREOF: PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENION HEREBY ORDAINS: SEJ7ION . That when signs are erected giving notice thereof, parking shall temporarily be prohibited upon the following streets or portions thereof, in the City of Denton to-wit: Both sides of Carroll Boulevard from its intersection with rain Street to its intersection with Headlee Street, the west side of Denison Street form its intersection with University Drive to its intersection with Sherman Drive, the east side of Denison Street from its intersection with Sherman Drive to its intersection with Headlee street, the west side of Bolivar Street from its intersection with Sherman Drive to its intersection with Fain Street, the south side of Ross Street from its intersection witt. Carroll Boulevard to its intersection with Bolivar Street, the north side of Strata Drive from its intersection with Carroll Boulevard to its intersection with Mesquite Street, and the north side of Fain Street from its intersection with Carroll Boulevard to its intersection with Bolivar Street from August 20, 1993 through August 29, 1993. SECTION II. That the portion of the above-described street designated as temporary no parking shall revert back to the parking regulations immediately from and after the closing of the North Texas State Fair and Rodeo on August 30, 1993. SECTION Ill. That if any section, subsection. paragraph, s?n- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court 3 g i°;, 5 of competent jurisdiction, such holding shall not affect the val- idity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the re- quirements thereof, or of a permit or certificate issued there- under, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00), Each such person shall be i deemed guilty of a separate offense for each and every day or por- tion thereof during which any violation of this ordinance is com- mitted, or continued, and upon conviction of any such violations such person shall be punished within the limits above, SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-Chronicle, the official newspaper of the 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: JENNIFER WALTERS, CITY SECRETARY BY1 APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCH, CITY ATTORNEY BYtf~~Ctf~ PAGE 2 No i sar r ~s :r . H4 ♦.1 i 1s-4 t 1 Ap~ndaKa. ~v AQeedaN CITY COUNCIL REPORT D3te_r_e? T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTI Request from Believer's Fellowship Church for an Exemption to the Noise Ordinance on Friday, July 23, 1993 DATE: July 20, 1993 SUMMARY: The 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. James Mann, representing Believer's Fellowship Church, has requested an exemption to the noise ordinance an Friday, July 23, until 11100 p.m. for loudspeakers, amplifiers, and musical instruments. The event will include a band playing in the First State Bank parking area at Denton Center, 836 University Drive, PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Believer's Fellowship church, businesses and neighborhood, event participants FISCAL IMPACT: None i Please let me know it I can provide additional Information. RESPECTFULLY SUBMITTED L.o3 V. arrel City Manager Prepared by: Cache TUC Administrative As stant E Agenda No. °13-4 Agenda [)ate ffq James A. Mann aelievers' Fellowship Church P.O. Box 589 Denton, TX 76202 (817) 382-1166 Catherine E. Tuck Administrative Assistant. City Manager's Office Ms. Tuck, I am writing to you per our conversation on 07-12-93 concerning an open-air concert at the First State Bank location on University Drive in Denton. The proposed evening is July 23, 1993. As you are well aware, University Drive is a favorite gathering place of young people in our community. We would like to give a free concert. to the youth in our city as a way of meeting more of them and making lasting relationships. We would like to have the concert from 10:00 -11=00 p.m. Therefore we would like to request exernPtion from the city's noise ordinance. Please put this on the agenda to be discussed in the upcoming city council meeting. I do not feel that this would create a disturbance as it is not a residential area. I also feel that this would benefit the businesses in this locale. Thank you for your consideration. S fice"' / sues A. Mann uth Pastor +98ndaNo q 3 ` C9 4gend Item S ')ale Chapter 20 NUISANCES' Art. 1. In General, as 20.1-2030 Art. 11. Abandoned Property, ff 20.31-20.70 Div, 1. Generally, 1120-31-20-40 Div, 2. Motor Vehicles, 1120.41-20.70 Art, III. Grew and Weeds, 11 2071-2073 ARTICLE I. IN GENERAL Sec. 201. Noise. (a) It shall be unlawful for any person to make or cause any unreasonably loud, dis• turbing, unnecessary noise which co,ises or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the imam ? ate vicinity thereof, (b) it shall be unlawful for any person to make or ceuse 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 acts, 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 dweWng, hotel or other type or residence; (2) The use of any stationary loudspeaker, ampWier or musical Instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilities In the 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 time on Sunday; provided, however, that the city council may make exceptions upon application whom the public interest will be served thereby; (3) The blowing of any steam whistle attached to any stationary boller or the blowing of any other loud or far-reaching steam whistle within the city Hn%ita, except to give notice of the time to begin or stop work or as a warning of danger, (4) The erection, excavation, demolition, alteration or repair work on anybuilding at any time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through 'Crow references-Protected migratory bird roosts declared nuisance, 10-87; inspection and abatement warrants, 119-88 et seq.; insect and rodent control in mobile home and rec. reational vehicle parks, 132.91, 8upp. No. 1 1389 w 4geoda %o a Agenda Item Dale `1 -;I 120-1 DENTON CODE rfl Saturday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience; 15) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con- talners; (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 picture 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, if 14.20, 1421) Cross reference-Animal noise, 1 6.26. Soc. 20.2, Odors, (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities In the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration 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 exclusives (1) Offensive 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 persona of ordinary sensibilities, (2) Offensive odors from privies and other similar placer, (3) Offensive odors from the use or possession of chemicals 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 gasbags, refuse, offal or dead animals on any premises. (Code 1966, if 14.44, 14.231 Seo, 20.3. Garballs, trails and rubbish nuisances-Generally, (a) Storing or keeping garbage, troop and rubbish. The storing or keeping of any and all stacks, heaps or piles of old lumber, refuse, junk, old care 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 z w.. ~H _ ~t !y VndaNo. Q~- C1TY COUNCIL REPORT FORMAT Agendalte r'5 F7~e /~,ojU ,c TO: Mayor and Members of the City Council 101 7 FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Gretchen Hebner/ Comnonwealth Land Title RECOMMENDATION: The Tax Department has mailed an overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends, SUMvARY: Chapter 31,11 of the Texas Property Tax Code renuires the approval of the governing body of the taxing unit for refunds In excess of S 500.00. Commonwealth Land Title has requested a refund in the amount of A 60R.35 because they overpaid Gretchen Hebner's account #G?3402, BACKGROUND: Commonwealth Land Title paid A 805.35 on Dec, 31, 1992 and I#s. Ilehner's mortgage companv also paid 4 60R,35 on nec, 91, lt)P2 resulting, in an overpayment of this account. A trx refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Gretchen Hebner, FISCAL IMPACT: 0 008,35 P ULLY S E ; arre City Manager Prepared by: aA-mer Vic Schneider - Title Tax Technician Approved: y Name 'Har on Title Tre r 2633C/3 f i 40endaNa curs propwty tax Board APPLICATION FOR TAX REFUND Agendalt RoWdAppic4lo' 1.11(1181) Date " Collectfng Office Name. Colle Ming Tax For: ax ng n1b~- Address City, State, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following Information must be provided by the taxpayer. IDENTIFICATI" OgR~ERTY,0 R: Name: k i!Ac~41s !Yt' tlek^ 76'7DS 75~/ Address Telephone Number (if additlonal Information Is needed): i9ENTIFICATION OF PROPERTY: Description of Property: ~~~/~oww~~cr~ Gt/Ps7~ , rr•.E D, Lip 7 Address nr location of Property~~ - Account Number of Property; c2 or Tax Receipt 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 7 n 19 04 1. ~ ,c f r 3S"" 2. '719 .f3 / 1g = .r $ 3. 19 / 19 S _ S - Taxpayer's reason for refund (attach supporting documen~tatlon►: inP n'^~!~ ar7C' C'tl~'r1il✓0 i1 12 7"WE gn 6nt~ fJcZdP. /c~~P~^~,~,nwwv3~j~i1 '01cpi1 le-P T~7 ,s e ~s n d ~ ~der~Yti'I <v ereby ly for the r4tbhl described t axend certlfy the the niormatlon I h e iv non thin form a true and orrect" 14~ Ilk Signature X0,6Cerro nj7 Date of Appllcatl for Tax Refund r r rrrr rrrrr rrr rr rr...rr rrr DETERMINATION FOR TAX REFUND: Approval 0160PProval Signature of Authorized Officer Date Signature r f Preslding Off leer(*) of Toxin Date Unit(s) fu, refund applications over So Any psrsen who mekN a false erlhy open the Ioteyeln0 neofd ehaO d• subject to one d the faMswHq penalYee: 1. knpAser►ment of net more than 10 years net feel then a years and/or a One of not more than 11,000 of both wch One and Implionmerlk eenanenNM in (eM fOf • twm up 101 yNr of a One not to exceed 07,000 at both such One and inowarnenl "60 forth In Sectlon 77,10, Panel Code. ~truro f~ n ' 1 ti I a Agenda No -05~ Agendaltem 111 iiiiiiiijillIlIllIlljIIIIIIIIIIIIIIIIII C r rr «opw O~~ " ' 01700 1 rRM ~IJ tiA 4.-+. ~IJ n , IiY~ rr ' ' . ~r5 1 y J` t'; f r at PAY [_q+y .R~{A. ~A.tl.) M I 1 1 \ y it ~r1I • ~'~~.~Y~il'~ Y CITY 1~ M ' WW~• `.M' 1 h~?~~rjN ~`~r~~"a nt l~~R~I~yy Myr. e^. I Onadl ~ h ~ S y ~w a e , r Xj ~ `'~T . a'v7 ' LESOICORIOW ACCOUNT i 1 ♦E 1 kifir ~ 1 , ~ ~ 1 r I ~'9 r ' P 1 5.,~ a. too 4 M h. 1 Rt~"~;1( 'y♦~♦~y^^~I,, r' M ^F`':rt'~.l { cil~~l l)~ ` 1 1..;'a, G ,4 1` + 7~~~ y'~'. 1.111 II k, 111) I ~t~ { Y 7 REPORT FIOR05OW 01/12/93 AT 2003 O V E R P A Y M E N T S PAGE ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYM, 90279200000 91/09/23.0010 THE VILLAGE LAUNDRY W UNIVERSITY 0 28.00 OVERPAY 91031900000 91/09123.0012 MUFFLER RACK W UNIVERSITY 0 13.72 OVERPAY 02510300000 91109120.0001 MCCORMICK, JERRY W DARBY LN 4.03 OVERPAY 02041800000 91/09129.0007 STOVALL, DORIS MINOR CA 27,98 OVERPAY 02577600000 91/08/29.0015 BROWN K DALE W PRAIRIE OR 6.59 nVERFAY 02996100000 91/09/30.0010 REAVEi, ORAN 0 MULKEY LN 53.06 OVERPAY 03321600000 91/10/01-0001 SWEATMAN, C J JR NEWTON ST 3.80 OVERPAY 02755300000 91/10101-0002 YOUNG, CARL GENE SR MILL ST 4.82 OVERPAY 02417900000 91/10/09.0007 WILLIS, LOU14f CHAMBERS S7 47.41 OVERPAY 02873600000 91/tO/20-0004 WADDELL, ALICE RAMSEY N LOCUST ST 3.if OVERPAY 02417900000 91/10/St-0037 WILLIS, LOUISE CHAMBERS ST 181,39 OVERPAY 90112600000 91/11/11-0001 CAR WASH W PRAIRIE DR 3.00 OVERPAY 022&3200000 91/11/18.0006 DUTTON. ALMA LEE MRS SHERMAN OR 80,76 OVERPAY 50178000000 91/11/24-0003 HODGES, DON 12.42 OVERPAY 09944000000 91/11/24-0004 DON'S OVERHEAD DOORS SHADY OAKS DR 19.50 OVERPAY 03712500000 91/12/01-0001 BELCHER, E W 6.16 OVERPAY 02723200000 01/12102-0001 GIBRALTAR TRUST ETAL S ELM ST 43.19 OVERPAY .03333100000 91/12/02-0024 HAYfl, JAMES F S BRADSHAW ST 1.915 OVERPAY 024t7000000 91/!2/08.0006 WILLIS, LOUISE CHAMBERS ST 28,00 OVERPAY 03845300000 91/11120.0004 PORTER, CURTIS & IANOIE SPURRIER 31.67 OVERPAY 90279200000 92/01/16.0007 THE VILLAGE LAUNDRY W UNIVERSITY 0 28.00 OVERPAY 61073100000 92/02/tO.0029 MOLLENKOPF, JAY TEASLEY 0 72 L 41.36 OVERPAY 02911300000 91/02/16.0094 SL PROP MONTCLAIR PL 25.84 OVERPAY 15377700000 91/02130-0069 LISSBERGER ALBERT E 111 BERNARD ST 15.00 OVERPAY 02786300000 92103102.0192 SOCIETY MA4Y PROVINCE ST HOLLYHILL LN 18.00 OVERPAY 03932500000 92103122.0243 BROWN, CHARLES V 49 31 OVERPAY 02140800000 92/03/28-1244 WITHERS JOHN N FEMOROOKE PL 956.62 OVERPAY 90136000000 92/03120.0486 PERRY HAROLO T PSVCHOLOOIST N LOCUST ST 11,29 OVERPAY 10288700000 91/03/30.0496 BOYD DAVID K PEAR TREE PL 494.91 OVERPAY 02962600000 91/03130.0534 HEROO, HERMAN A JEWELL E OAK ST 1.00 OVERPAY 03291000000 92/03/30.0821 FRANKLIN, BENJAMIN S BRADSHAW ST 68.24 OVERPAY 02039600000 92/03/31.0034 MARSHALL, SAMUEL MINOR CA 35.22 OVERPAY 02524700000 92/03/31.0064 FREEMAN, HAROLD N LOCUST ST 233.51 OVERPAY 02774200000 92103/31.0076 ROSSER, JOHNNIE HILL ST 160.41 OVERPAY 10727700000 91/03/30-0101 HOOVER, RICHARD 4 W MULBERRY ST 24.60 OVERPAY 02161700000 92/04/08.0101 EAMES. ROBERT N SION90ATE DR 11091.95 OVERPAY 02174200000 92/04/06-0472 ROSSER, JOHNNIE HILL ST 178.13 OVERPAY 02039600000 02/04/06.0475 MARSHALL, SAMUEL MINOR CA 43.63 OVERPAY 02781600000 02/04/06-0560 MEAK1, DONALD J A MARK J N BELL AV 266.12 OVERPAY 10199400000 92/04/07.0305 DESTENA, ANDREW V W HICKORY ST 169.77 OVERPAY 02304600000 92/04107.0375 LANDRY, BARRY J BERNARD ST 306.99 OVERPAY O1 47760000 02/04107.0376 LINDSEY, DAVID A DENTON 81 132.01 OVERPAY Be 34100000 92104109.0186 SACHEM E 0 MO A ASSOO 1.35 E 13 67.44 OVIAPAY A+ ■IlAnnnn l+/nl/nl,n+17.. ulll l /141•■1 ER 1t~ MnuAutu ■Y + AA nVU■lV 02940200000 92/04 09.0577 HEBN R OR TCHEN WISTERIA ST 600,35 OVERPAY 02416400000 92/04/13.0109 KEVVANSHOKOOHI, HOSSEIN N BRADSHAW ST 1.00 OVERPAY 90279200000 92/04120.0010 THE VILLAGE LAUNDRY W UNIVERSITY 0 199,80 OVERPAY 03340000000 92/04125.0008 ALDRICH, ROBERT L BERNARD ST 3.00 OVERPAY 03341800000 02/04126.0313 SHIFLIT FINANCIAL CORP ETAt S ELM ST 09.41 OVERPAY 10433400000 92104129.0363 POFF DENNIS A PENNSYLVANIA 0 957,28 OVERPAY 02226800000 02/06101.0400 SLAF~ORO, CHARLES R 10.00 OVERPAY tl y r~ iLl CITY COUNCIL ~r 0~ 0 1 0 ~ a ~fo o d OWN 1~,~~ /!nom a 1 Y t ApAA9au9. (O Agsrda~t G fete 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 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: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" ottached hereto, are hereby accepted and approved as being the best responsible bid, for such items: BID ITEM NUMBER NO. VENDOR AMOUNT 1507 1,3 TE14PLE $29,586.00 1507 2 TECHLINE INC. $20,348.00 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. 'QandaNo. _ 40ma to 2 Aye SECTION Iii. That should the City and persons submitting ap- proved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of , 1993. ~I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY$ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: gBenda No +aendal~- S 4I F DATE: JULY 13, 1993 a CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1507 - PADMOUNTED TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidder for the following items, 1 and 3 to Temple in the total amount of $29,586.00 and item 2 to Techline Inc. In the amount of $20l348.00. SUMMARY: This bid Is for 3phase Padmounted Transformers to be utilized in the City of Denton Electric Distribution System for new Installations, replacements and for back-up. Items 4,5, and 6 of this bid are not being awarded these items are not required at this time. Eight bid proposals were received in response to twenty bid invitations mailed. BACKGROUND: Tabulation Sheet, Memorandum from Don McLaughlin, PUB Meeting Backup dated July 12, 1993. FISCAL IMPACT: Budgeted funds for Electric Distribution Line Transformers Account #610-080-0252-9222 with a balance of $343,936.75. Respec fully submitte .~G. l j Lloyd V. Harrell City Manager Prepared by: Name: Denise Harpool Title: Senior Buyer Approved: Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent agsndm.)91 I I I II r , f! BID I 1507 I I I ! BID NAME Padmoanted Transformers I WESCO I NIX 1 ~OL~L1~lE TEMPLE I TECHLINE I ELECTRIC CO. I ELECTRIC I INC 1 OPEN DATE May 18, 1993 I I SUPPLY INC I 1 ! 1 I i I I 11QUANTITYI DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 -1-1 ! I I 1 I I 1 1 2 12500 KVAI 277/480 V I $19,709.00 1 $21,026.00 ; $21,248.00 :18,982.00 ; $200053.00 1 2 1 1 11500 KVAI 277/480 V I $120990.00 1 $14,426.00 1 $13,639.00 $12,803.00 ; $14p46S.00 1 ; I I I I I I l 3 1 2 11000 NVA; 277/460 V I $110200.00 1 $110401.00 1 $10,998.00 1 $9,756.00 1 100111.00 I I I I I i 4 1 1 1 750 KVAI 277/480 V 1 $9,200.00 1 ;10,796.00 1 $9,449.00 { $8,921.00 1 $9,030.00 1 I I I I I [ 5 1 1 1 500 KVAI 277/480 V 1 $60600.00 1 $8,376.00 1 $6,832.00 I $6,743.00 1 $6,590.00 I I I I I I 6 1 2 1 300 KVAI 120/208 V 1 $5,100.00 } $7,111.00 1 $5,524.00 1 $5,302.00 1 $5,191.00 1 I I 1 I I I I I I I 1 I I I I I DELIVERY9 1 8-9 WKS I 98 DAYS 1 11-20 WKS 1 80 DAYS 1 84 DAYS BID / 1507 JCONT'D► I I 1 I I I k I I I 1 VANTRAN 1 SESCO { PRIESTER 1 NO BID 1 1 INDUSTRIES 1 1 CO. INC. 1 I I _I I I I 11QUANTITYI DESCRIPTION 1 VENDOR 1 VENDOR 1 VENDOR I 1 -1-1 1_ 1 PREFERRED SALES 1 1 1 2 12500 KVAI 277/480 V k $25,512.00 1 $200199.00 1 $19,165.00 SALES AGENCY I I I I 1 2 1 1 11500 KVAI 271/480 V 1 $15,655.00 1 $14,125.00 1 $14,608.00 KBS ELECTRICAL 1 1 I I { I DISTRIBUTORS INCI 3 1 2 11000 KVAI 2771480 V 1 $1-7,671.00 1 ;12,318.00 ; $11,511.00 ; _I I I ; 4 1 1 1 750 KVAI 277/480 V ` $9,798.00 i $100470.00 I $9,727.00 i , I I 5 1 1 1 500 KVAI 277/460 V I $7,729.00 1 $8,442.00 160343.00 i 0 I 1 I i 6 1 2 1 300 KVAI 120/208 V { $6,298.00 1 $6,487.00 i5,302.00 I t I I 1 { ~ DELIVERY! I 70 DAYS 1 120 DAYS 1 14 WKS 1 I I JOUN0 3- ~gflAQdl~Bnfl! Alf t `C Tot Denise Harpool ✓ From: Donald L. McLaughlin Subject: Purchase of Padmounted Transformers Bid #1507 The Public Utilities Board approved the purchase of padmounted transformers on July 12, 1993. Enclosed is the Public Utilities Board agenda item that was approved. If you have any other questions please call. Sincerely, Donald L. McLaughlin ri ~pendaNo, Agerzdaf(em okte DATE: July 2, 1993 PUBLIC UTILITIES BOARD AGENDA TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R. E. Nelson, Executive Director of Utilities SUBJECT: CONSIDER APPROVAL OF PURCHASE OF PADMOUNTED TRANSFORMERS- BID #1507 RECOMMENDATION: The Utility Staff recommends the acceptance of the purchase of padmounted transformers from Techline and wesco, for the total cost of $49,934. SUMMARY/BACKGROUND: On May 18, 1993, the City of Denton received bid proposals for purchase of padmounted transformers. The transformers are stock items and will be used for new installations, replacements, and back-ups. The bidders and their price quotes are listed in Columns 1 and 5 respectively, of Exhibit I. After thorough evaluation, the staff recommends that it is more economical to select the bidders as tabulated below: TRANSFORMER TOTAL PRICE BIDDER SIZE, VOLTAGE, PHASE QUANTITY M 1. TEMPLE 2500 KVA 277/480V, 30 1 $180982.00 2. TECHLINE 1000 KVA 277/480V, 30 2 20,348.00 3. TEMPLE 300 KVA 120/208V, 30 2 10,604.00 TOTAL SUM = $49,934.00 Locations for transformers are as follows: 1. Transformer is for EPIC (new hospital). 2. One transformer is for the Moore Building on Oak (future municipal building), and one transformer will be a spare. 3. One transformer is for Texas Human Services on E. McKinney, and one to increase warehouse stock of this size transformer to four. The evaluation was based on the calculated costs (Initial and Operating). Transformers with lower bid unit cost, but higher losses, resulted in higher calculated costs. (See Column 6 of Exhibit I) I p 4pandaNo 3 -096 Apeadaite we - Transformer Bid Item July 12, 1993 Page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED= Rate payers, Electric Department for maintenance and operation. FISCAL IMPACTS The expense ($49,934) is included in the 1992/93 fiscal year budget. Respectfully submitted, i R. E. Nelson, Executive Director of Utilities Prepared by: ~e {,,:Donald McLaughlin _ Senior Engineer Approved by: Ji Harder, Director of Electric Utilities 06293025.PUB Exhibit 1. Transformer Evaluation Sheet ri t Agenda No ~ 6 Agend tte [ale 2o- EXHIBIT I ITEM 1; LOSS/COST EVALUA ION OF A 2500 KVA 277/480 PAD OUNTED TRANSF MER B4) 1507 02-,U-93 _ 12A5 PM MADE NL TL BID CALCULATED DELIVERY BIDDER BY LOSSES LOSSES COST COST DAYS NIX ELECTRIC NIX 3204 22747 $21,026 $159 640 96 POLELINE PAUWELS 2279 18107 1248 140921 140 PRIESTER COOPER 2494 19885 19165 $140620 91 SESCO SESCO 4050 22530 199 $160,528 120 TECHLINE -j- WARD 2169 18669 053 5438093 84 TEMPLE (3E }701 } 6 982 - f 881 80 VANTRAN VANTRAN 3120 18620 $25,612 154 970 70 WESCO ABB 2772 17085 $19,7091 $135,0m 63 LOW BID $132,881 ITEM 3: LOSS/COST EVALUATION OF A 1000 KVA 277/480 PAD MOUNTED TRANSFORMER MADE NL TL BID CALCULATED DELIVERY BIDDER BY LOSSES LOSSES COST COST DAYS NM ELECTRIC NIX 1766 10616 $11,401 $91,2701 98 POLELINE PA LS 651 8026 10998.00 36 961 77 PRIESTER COOPER 1275 7473 $11517.00 _39175 77 SESCO SESCO 2205 11000 $12318,00 87853 120 TECHLINE - HOWARD 1224 1 7914 f 74,00 863 Bt TEMPLE GE 1234 8895 Se 758.00 $06 880 80 VANTRAN VANTRAN 1410 7410 $12,671.00 $7 573 70 WESCO A80 1193 7475 $11200.00 $87,686 63 LOW BID $65.w ITEM 6: LOSS/COST EVALUATION OF A 300 KVA 1201208 PADMOUNTED TRANSFORMER MADE NL TL BID CALCULATED DELIVERY BIDDER BY LOSSES LOSSES COST COST DAYS NMELECTRIC NIX 774 3859 7111 252 98 POLELINE PAUWELS 548 2901 $5,524 $30677 77 PRIESTER COOPER 555 2859 $5302 $29840 S8 SESCO SESCO 1050 4470 487 1503 120 TECHLINE HOWARD 538 2545 $5191 8383 84 TEMPLE OE US 2206 304 7980 80 VANTRAN VANTRAN 640 2650 298 617 70 WESCO ABB 518 2925 $5100 165 63 LOW BID 27 960 A:1Ti AWB1507A WK3 i ±trt tit CITY COUNCIL Lill i di :zmm ~~or a~0lb 0 0 9 0 ~~OQ 6 a Y AGINU Ne, AQ8A42~t Date "L 1041- ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE or 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction 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 PurchasinU Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONTRACTOR MOUNT 1516 NATIONAL ABATEMENT SERVICES $43,100.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City 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. SECTION III. 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- mom r ~~enoa Ne ~oe~daliem utc ad tions, plans and specifications, standards, quantities and speci- fied sums contained therein. ' SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public 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 BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., !~l G~ c -C p a ;rnoa No ,ivaaIt Q~ DATE: JULY 20, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1516 ASBESTOS REMOVAL FROM DENTON MUNICIPAL CENTER (DMC) RECOMMENDATION: We r!comtrand this bid be awarded to the lowest bidder, National 417acement Servic:s in the amount of $43,100.00 Including base bid and alternate 2. Completion is to be accomplished in 16 - 10 hour day.-. SUMMARY: This bid is to provide all materials and labor necessary to remove the asbestos in the area of the DMC building that will be effected by the planned renovations iu Phase 1. The removal is primarily pipe insulation and duct work. Alternate 02 is the addition of an area that may or may not have been included depending upon bid results. The bid price of $43,100.00 is well under the $81,000.00 estimates. Triad Onsite Systems Inc. our contracted En,-ironmentai Specialist recommend approval. BACKGROUND: Bid Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Complex and the Citizens of Denton. f FISCAL IMPACT: Funds for this Asbestos Abatement Service will come from bond funds for DMC Renovation Account #449-070-PULL-9307-9101. Respe Ily submit ed: Lloyd V. Harrell City Manager Approved: c Name: Tom D. Shaw,C.P.M. Title: Purchasing Afrent ~q~nJ~.393 BID 5 1516 BID NAME ASBESTOS ABATEMENT NATIONAL TRI-PRO PROJECT TOTAL ABATEMENT SERVICES DEVELOPMENT ABATEVX.,?T OPEN DATE JUNE 24, 1993 SERVICES GROUP QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR BASE BID $41,900.00 ¢46,124.00 ;47,435.00 $53,500.00 WORK DAYS 10 HR/DY 10 HR/DY 12 HR/DY 12 HR/DY 14 DAYS 14 DAYS 14 DAYS 14 DAYS ALTERNATE NO 1 $0.00 * - $3,500 $0.00 $0.00 WORK DAYS *21-8HR DAYS ALTERNATE NO 2 $1,200.00 $1,000.00 $2,000.00 $10500.00 WORK DAYS +2 DAYS -0- +2 DAYS -0- BOND YES YES YES YES ADDENDA YES YES YES YES s t { CITY COUNCIL 0 ` *N3 No ORDINANCE NO. AQA04d~tE111~L1~-~'°~-.- oete AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORD- ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE SIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount ex- ceeding $10,000 be by competitive bids, except in the case of pub- lic calamity where it becomes necessary to act at once to appro- priate money to relieve the necessity of the citizens, or to pre- serve the property of the city, or it is necessary to protect the public health or safety of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the fol- lowing emergency conditions outlined in the memorandum attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to ap- propriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 35731 LAYNE-TEXAS $11,890.00 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the mater- iat31 equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts there- in stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. i ~ent4awo q 'AgWalt Dale PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY# MAYOR ATTEST: JENNIFER WALT£RSt CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHo CITY ATTORNEY BY: I II VoidaNo G 3'~~(a 4geeda Ifem~ ~a1e . Z 3c+ DATE: JULY 20, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: EMERGENCY PURCHASE ORDER # 35731 - LAYNE-TEXAS $11,890.00 RECOMMENDATION: We recommend this emergency purchase order to Layne-Texas in the amount of-VI -1, 890, 00, be approved for payment. SUMMARY: Thla expenditure is for the repair of #1 raw water pump located at the Lake Lewisville Pump Station. This pump is vital in transmission of raw water to the Water Treatment Plant. Layne-Texas is a proven reliable vendor, and is the factory representative for the pump manufacturer. BACKGROUND: Purchase Order #35731, Memorandum from Tim Fisher dated July 9, 1993. FISCAL IMPACT: Budgeted funds for Water Production Maintenance of Machinery Account #620-081-0460-8339 with a balance of $31,791.65. Respectf y submitted • loy V. Harrell City Manager Prepared by: k~d Name: Denlsa Harpoo11 Title: Senior Buyer Approved: Name: Tom O. Shaw,C.P.M. Title: Purchasing Agent aQ~ad~.391 THIS IS A EXX CITY of DENTON. TEXAS CONFIRMING ORDER PURCHASE ORDER NO, PC 35731 (IF MARKED) This number must appear on all invoices, DO NOT DUPLICATE clips, o delivery slips, cases, ns boxes. packing slips and bills. Req Na. Bid No' D Date: 07 U 9 93 Page Na O 1 VENDOR PURCHASING DIVISION 19018 TEXAS STREET /OBN rON, TEXAS wow NAME/ LAYNE-TEXAS 81713837f00 DIFWMEFROS1712670042 FAX817f382-0691 ADDRESS 5734 AMERICAN LEGION kDe DEUVERY CONFJR14ATIUN ONLY C06 Ili PRODUCTION PLANT TYLER TX 76703-9147 ADDRESS 1701-8 SPENCER ROAD STEVE UGOLLEY DENTON* TX 76201 VE,NDORNO. LAY49000 DEUVERY QUOTED 07 15 93 FOB DESTINATION TERMS JJ1 1.000 LT VENDOR CAT* Y N / A MFG NAME 1.9704000 1.97040 CITY M 93662 FURNISH OOMAN CREW TO PULL PUMP AND HAUL TO SHOP 1D2 IeDOO LT VENDOR CAT• A N / A MFG NAME 1*690*V00 1959000 CITY R 93662 SHOP LABOR TO TEAR DOWNO CLEAN G INSPECT ALL PUMP PARTS* EASSEM3LL BOWLS AND TOUCH UP COATING v03 1.000 LT VCINDTYR/CA93 T O N / A MFG NAME 2.055.000 20055*G LABOR TO TRANSPORT PUMP. INSTALL L START J04 1.000 LT VE CITY NDORitC93962 N / A MFG NAME 20775.000 2.775.1, Ra-EIUILD BOWL ASSEMBLY INCLUDING SEAL S01MPFLLER SHAFTe tARINGS 6 WEAR RINGS X05 3500+000 EA VENDOR CAT* 0 N / A MFG NAME 10000 3050061 CITY / 93662 CSTIMATED MISCELLANEOUS REPAIR PARTS PER PROPOSED PRICE CHcDULI: ON 7-1-93 k7l PAGE TOTAL 1 °Q RAND TOTAL : S~0*It dl 620 081 0460 0339 110890.00 VENDOR INSTRUCTIONS, 3 Terms - Net 301u *u onwwre weaned I t. Send originat knelce with duplicate copy 4. Shipping Inslructions: FOB D estinalion prepaid luhaee{ omaebe speceiedl 2 Bill to - Accounts Payable 6, No federal or state sates tax r.hall be Incl ded 2ISE, McKinney $I in prices billed - - n,...,.. . n: AN Oq CITY of DENTON MUNICIPAL UTILITIES/9ol-A Texas street/Denton,TX 76201 I i MEMORANDUM TO: Tom Shaw, Purchasing Agent FROM: Tim Fisher, Water Production Manager DATE: July 9, 1993 SUBJECT: EEMERGEENNC OF TYLER OF RAW WATER PUMP #1 BY LAYNE TEXAS The purpose of this memorandum is to document events and to provide justification for the course action ed to satisfy date, The City's water supply system is typically actin the increased water demands during the summer months of June, July, August and sometimes September. Peak water demands are generally during late July and the month of August. The water treatment plant depends upon the operation of the four raw water pumps which are located at the Lake Lewisville Pump station near the I-35E bridge. As the treatment plant was expanded during the 1980's from 16 to 30 MGD, the smaller pumps at the lake station were replaced with larger units to increase raw water transmission capacity. The present configuration does not have "firm" pumping of paciti available (ore, rated capacity with the largest pump pumps at the lake station the are of maintenance the highest priority for our system. On Monday, June 28, 1993, our maintenance personnel observed an oil and water mixture coming up out of the shaft area of the #1 raw water pump. Subsequent City staffiand efforts were conducted on sonnel from Layne Tuesday and Wednesday Texas. olates the investigations shaft bearingsl from that then oil Company tube 1e which isolates pressurized water column of the pump, had developed a leak. This defect was impossible to predict and prevent prior to the peak summer demand period but makes the pump unoperatable until the unit is pulled and repaired. Layne Texas was originally contacted because they are factory representatives of Layne Bowler bumps (which is the pump manufacturer which supplied the #1 unit) and they are an authorized repair and service firm which we have thad he successful multi-stage vertical turbine pump work performed past (water well 42 and #12). Based upon the complexity of the +gR~da No , .Q Agenda 11110 rte Page 2 60'8 Emergency Pump Rerair work to be performed, the availability of Layne Texas to commit adequate resources to provide a timely turn around time, the fair and competitive price quotation which we received (attached), the fact that they are factory service representatives for Layne Bower Pumps, and our critical need to return the pump back into service as soon as possible, we proceeded ahead with a purchase order with Layne Texas in the amount of $11, 809 to repair the pump. This purchase order includes $8,390 for labor to pull, dismantle, repair, reassemble and install the unit with an estimated amount of $3,500 for repair parts in accordance with the price quotation we received from Layne Texas. The present schedule is outlined as follows: Wednesday, July 7 Layne Texas began to pull pump unit. Thursday, July 8 The pump was conpletely removed from the station and hauled back to Layne Texas Company Shop. Week of, July 12.19 Pump will be repaired and ready for transport back to Denton. WEEK OF JULY 19-23 Pump will be shipped, installed and returned back into service. This schedule may be delayed if more extensive work or parts availability becomes a problem. Pleaee schedule the necessary City Council Agenda Items required to advise them of the status of this project and to support the necessary course of action taken to date. Thank you for the cooperation and assistance that you and your staff have extended to me to help fast track this emergency repair. Tim Fisher, Water Plant Manager Attachments ~gendaNo _ ~ ~ C, - I, FROM LAVHE-TEKAS 7. 2.1993 10+00 AoenCaT1IPm. QUOTATION 11ie ` l~ (fir ne ?of (yne-7bxas A 0"M0 Wm.. W". CuiWq. AM - PROFESSIONAL SERVICES FOR WATER SYSTEMS pt. »t, a" loll? . 111e, Two rime . 114Aa4177 To: Kr. Tim Fisher Data -,-_siY7X i. 1993 City of Denton 1701 B spencer Road Wlation No. Denton, TX 76205 Reference: Row Water Pump 11 Repairs DEScRWnON PWOE Furnish 3-man crew to pull pump i haul to shop $1,970.0( Shop labor to tear down, clean, i inspect All pump 10590.0c parts, reassemble howls, i touch up coating Labor to transport pump, install, i start up 2.055.0( Repair costs: Rebuild bowl assembly, including impeller shaft, 2,775.Ot bearings, wear rings, and seals 2-3/16" K 50 carbon stool lineshaft, each 120.21 3-1/2" X 2-3/16" lineshaft bsaringe, each 63471 3-1/20 x 5t oil tubasr each 65401 16" Y sF flanged column pipe 993.01 2-3/16" shaft couplings, steel 30.3; Parts prices do not inalude freight. parts other than those listed above may be required. SHIPMENT. 1aYN2•TfbXAB PROPOSED SHIPSTART DETAILS: GATE: AOvioroftayns.wwaoMcamp",krc. The foropeg prbae are subject to Federal, State and Local 9alse tractor) end Use Texas. This Quota llon wul eNomalleally oxpiro d Purchaer By 44 does not deliver a w hian aooepbrles 1e Contractor by - ACCEPTANCE: The underolgned accepts the above proposal at the prices shown, SAW to any neasaary:ovislon In the lost of ell sled quantnta, end hereby authorizes and Instructs Contractor to proceed with the dawbod work. The undenlpned undsrstands and epraas that the Terms am Condilions shown on the :averse are hereby Incorporated as part of this contract. PurchaVs pumps, motors, parts and/or eeeasseAos may be stored by Contractor for thirty (30) days from date of Involea u other wrlpan notba from Cordreetor. Aftwthirty (30) days, dtspoul of squlpmsnt may be made by Conlraelor without Incurring any Ilabily. F rahaser Addroa aI Date lW 7M 1bN ~nni1;IN0 _ 13- Z-1 - FROM LAYNE-TEXAS y. 2.1753 legal [a 00 TERMS AND CONDITIONS LIASILITy Op CONTRACTOR: Gnues!arahan natba made too" bodily Injury, doadl,a,4*,y b ordterrue Gen el w,prblO FMOP04Y eawpe u 06 SdO"11yy Iw•eYatn aaw.d by OV NagligeNce el Cank:tvle, M ra tisane aMp Cenlrlater 66 dablf la any 61'1r1a spacial, {ndin d, ncIOM W ar mnaequentll damages Purdhasar a71eY 1RL' NO blsl lilt of ConlndaL IlfWllry (wladnw W lad pre rq plpencf. wwrenry, and lie dlib, Of ohfne Ni "under. Ihltl nor atoso f da 100regwa wco, rl due COntacar W Ira 311 ,ands red under hie eon I race At c alma, Indud•ng clsl me lot naplipanca OF ary olhfr vom whatsoever, shall be doomed wa'sad sale so made in wry One and revived by Cc,vada 01"M eel (I) Yw dn60 CMnocarY awnpleVati al work hsreundr. , INSURANCE: Canlrocla shed provlde waken' compensation ina'rence, public Ilabilly And Pimento dam loo h3uranw cowing is employfdt wd ¢por+uon. Pundihat00, of it4 *ODM. cosy manlrn such Insurance, as wit Protoet It agaral dime adling sal of ¢w work. R EIMSURUBU COST: to Add M510 to hagrrly &mrpe Provided on that face of hk earghacL pgndifl66'suds nimbunf Centac+a hr pvel end k 4v expense neassvi y In0.x/N L Y h1 Cant{eta In 1M p0A0rmAnG Of hs Wok, rlirhr inddrrud VnWI tev1 audit u ovemlefil MWI. alppnMa And sty cull rgngSlWa1 rUtetl o,y ncurnd, coal Pl rOm¢ W 0110 dfbr4 71 sa di real d try Pgn(f'•A66r, IAfW, mnwmu, W s and simlar togas required Oy tow and ten ccw ar perm la and all Ik;enlCS momarv la he em ocudM W t- s work. The hyngdng costs "N be Allied ef octua•' colt yul Milan Perc Ml (15%) unloas odarwlas agrppd upon. PRICE ADJUSTMENT: Amy oust vakmutos or vna Irames Maud hrah are Mod b fqulubll Sdtuetman •n she event of I "INN or Unions 1es ablf cohd litre, thandes in appliceDll is*$ Ihr he date 01 this Compaq, unbre66eabid dolly{ of di}IcV1094 caused by eca of Odd, Puroaw or any third partial. ndcel d pa061 aquNd by Gnhsc~or Irom Olye,l 1yeh Alt odjusld b reead Cfnlntah prlU h eked M trta d ah'pnaN. Tl,e pries of Canuaciore loads wl1 ad;Na:od l0 des Bice in adhd N tlma Dr shipment in accordanm wish Cono WIVI Ours it OWAlll one PON of r ell W N W lly be vdrfd In tNO contact. TLRMS:Ten(1vldaysnNtpmdataelYhvaiCS falglanddp,geLao,CMVAdaNAMIUDmNnvoioftMfmanhy0.ldlbranYandNwErkcomp'ol/dandmaursleor equipment proAead durtng this prWto W momh, Pard ue inva. tad Shatl to 1 ubusdlo a dermquarwe Iha/pf Vero and one-nirpernnl (1.1Q%f per month (ey hgesn p4rcent(11%) W wiumJ unless a lower sharp IS roqulrod under applicable taw, in which colas he lower rats, Mae Apply, I'lirchow 10,161 b NY arty and of 41or110y{' WA find QDWI 'Nis INOWd altomeys be IdiN:M Of court W 70114ngl InOS'ad to gored pastdua Amounts aAllnp out at this contract CM now f Mlll have th I NON so UnaesQealybrmlMa This contld wilhow throes Nat I.ty A Pulc cedar We b mare Ornsor palmate or od+wwtN msls;dly brlad,aA his eorbact. MATERIAL SHORTAGES AND COST 1NCRLASES: r Cry porSongl naurlala or equ Pawn wench Conhoaa If roWtrod to Mnish booonies arovallabl/, airump aritY a pprminenlNdY000h nAUa4s boyMl via mine Ind witkwtdM IA,Dr etCenL+da, hen log Ile I:aaY d Wmponry unewnablUty +nY aomp111ian Uma Yentas N6N of exlwldd fa such pond at tuna ore Conlraow Mat Do ddoyod by such obew dNOnOed uretwil 11 ry, ardor into cats of pemanonl unave•tebliq Contradict, Mall Ala a+wafd hog of ffquiranan of "INN Such malsnall 0rsquip'no Nt. Purchaser sgre66 b pdyC¢ nUseror Ary nHflo66 n cost henwen the mss of charts semi e a equiprront wnleh haw bsoorta permaMndy uxevsgi and the ecel d th a against WbaIINN wNCh 11 tan rldlwaby awilolNa. OELAYS:0 Cantogor,I eNayOd al Any Iona n ors, pr¢0ms of work by labor disputes, first. unusual "its A Iransportehen, Mlvaidible clavalwti weaftw. a any uU66 beyMd CarltulerY rraMabie control, than any COmpidliM ems Ir+mfs shall be IsIMdOd by a reasonable laded of drip, d bast all us[ to the period or delay. WIANOLO QONOFTIONL; The dl swvwy of any hkCwoou1 wes a, Substantial, Poluants, contamfmdn~s, urd"round ob4bueltaa a uRlUft on or IN ter Job rtowNU1 well not for"M to he aDendw of Cmvaala prior to ha data of this ConYset will cons Ibmn a mAlenary or d60or it else wrid'don dnpRng Cat oatlor, n its sale dx66ndM, b I Nl,'ndi4b'y brmlyels dill mmvW 114010611 AertW liability. "CA LATION. Tnls oentoct is rt Ws, with he understanding dial Contractor *11 be a0 o to No n and conanu ouey proceed wldl its WA ON or before the OMPOI did 6191 data M Of reverse sods Moor M t'a event Contractor is wads b com magicf he ugh on or before seid date Waves W proidd a nN randy for Conesews wok, ConbNla U14 Chwoo fl ra'aw IM amount of any hOfw in Conhaclm's deal+luibutabil ls audit dot", plus CMUada'A normal owMfod Poreenra". OUMIANTLC AND LIA SILrT'I: Comecon warrants till la aaMom ON] be pa fa ayd spar yrm 0 wsth to Standard ordare IN 1deCtln No Willry at the von of 00,40 maf%f crouch serYxaos. Contractor Adran lodhf sift M h 1406ani¢d. bpu tan r if wsa■nlel poAlsdby dip manulactursry admacONaM lorldrar fqupmamfuNwned under his W nYaar. Comropta Males orovlded rr vnnanfy, Non M, Imwl6d Or Nhonrud, M any wdi n,.trld f a equlpmerd. Contactor will not be regl oMlbb lot: work dome, moan of of pdPm1N fUrn!shod or retain of alererive made by or". Per arty OnAgh hsreurder.ContAclor eyes to Nabla enb to to value of the InoaltaOM wok of, dlwnong" Hesse W MI, den to IW:IIIty It Iftled b the ddlranof tobw4on No conVad once herein, and he value of poor IimiuL 'ma Van work, N Contractor's bod011 damaged Any msnmsif of squlpmfnr fumbyed yenundfr, Centltbr SKIM troy belab4 fa hf rakes of such nlaarials or aqulpmpm. Under no elfcumlaNeea we Contractor be Ilsble for wAsequentsl, 2WW a Irdr¢d damap e. Including witiou) Md2fign. my pot IOao or donv go, domes NO other aquQmsrlt, anuat"a a pre". nor ter any Door sind4r or dsalnlpw dialogues of louse wMthe, due a delay, WV# b furnish or YtN1N,delay ion inslAratM, delocd W mA W i1 or slu"etiL dahct'gN wrkmYrlhip,ddfeadYS y111ata td'., delay in nPUOVhg, nor be any eW Ma breach whArWVer. In My/ o Wnt Coltradar's beat lislallsr ***Me Pwtlllosi for alleged loos, POnbrfilnts or nOnpdrbrmanef urdpr to l COntYtfyellbo lni td bho" Wo0Nrlcl Police. No maradals egVhemem OF aoMoos mnNdd herein ar+is try gwr►nNe h0imensMd in ths cont-aul THE A0016 WARAAM 11 N ON O►ALLOTNLA WAAAAtdTIE S, EXPRE b5 4H UnrLIED. WHICH ARE MEAEOY DILCAAIMED, aqu pmeNfum4yed fwf rt TRLL AND OWNCALNP: In bra of ddW t on Ivurcuser'f POL CMtloabl NAII new M rot to floor h a praenleN upon ~ any MAIPWI Of haw been Inglled and nakf loch goods nor den prid la lord Puro ul Any further remedy provided Dylaw, Induct rq ramvlryal llanifys' WOW any de0deneT a dire maximum oktaM sad In he mY1rMr provided by taw, LuClmolerlda lid scriomen syen resin their chwAder AN Pereonai 0,00 illy OfCO11,4W arms pAymeN Intull M I*Wvod by Conosaw, ra93fdlols of hat mods or 06&%Mwtt Un late prior 1PWI4 wnnon InAYua1M1 we root Nad b M,v sonuary, wrtlUO and room d m4wWs Mid aqufpmlont re W eeng from repair OF iaelsdpCan woo shall boooma M fer"atly d Contractor, OCUVCAYg ShipmNd arhdvl66 sad de'el, IPVPVNed OF Imptd, are oMOtdo nt an formal Ordrpans. Contractor art not be n e"iti''d for any edgy{ in anlpnlom Or OW "for, Cautad by bcbn bfroNd its oentrd such N, but reel Imad te, du pmt of Aeunl Accidents. work OloOns e, of owaron ofa chomps In oat law. &upments w:I00 mlods, AS Pram Pry All CanmagVe sb,lq b oWain iii iarl ands egdpinenl end lchodu ing art Permit NN; delay in shipments er vrlammo Will Nipping Nn Adult Ih ll 00 Milo of cance00ton a ar7 CWT br 00104 Any clarppl in I ft0ut of ditlgn fall UNIk dial amepu ds Of No contall all Of mods al Purdhaw's eddlUonlol cost.Aey such charm{ AAIrorMme akfnusupPly angirg,►60ing left OrbApprew drawinylwll erturrrluesll eelwdalvpplnpaMdubs.[qubrghs,ntrMl loo sMppd'knoandd Oawn'bladelsnlN:anYloClOr mn1id604 rteceslwy,onh lees pare hipped vomeW ipme nand aM00 Ql end Aflifr dauwry b tti catty Ay YI/sOaftlbA ben Purdawl Yls, Purdgaser Nal ye reepMfodp fa pat 1660 a dsmloge b real wl11e w fq uipmdM de b aye NYSS, Gidud'vlg oat note Imlad n losea damage cat ullhg Goon ftwd Y. INDCMNIFICATIONx Pureness, p sae lo vhdeampr and nail (gnudelpr, Ill dreaorl, OMMS. IIOCUalden, amploy66l, agents and duod0+tagen, nwa,bat Wom dnd Antly an41111O lea,demendl.MUBOIdaelM(1ndLdlnOdudpwryesail,d/mainNwu+waofad'Mbreon!nbutbnakldemNNeadMI.1101Vsoldcoslllnlased,ng IttmArl' INI aye etyer eeaa of eeM/n{d) AlaMad {n6'a fled by Pwdirr a wryo,Gd ParfY(a.), hd uding wltlpyt UmnI11M PUT'WerY empoy~N, end NArg OUI91 or II IubcentrAaWe, a Iw}wry M1egllgsN ad or arhalrpn 0' I r►s'uh N:Ii) h{ MNn66 All CMYOda a i%1~INecarl U 1•f ieb ails, lnl he wok wtormd Alt Convada er its Purdhseer, is imp"". agents, CMSUnanLL, olhN conlracwl a arty perlaM1Al Nees Ixldlrpundfdrya mntrol, ntept a 0M 1gMN dhAt eudf cleiml, demands, ewe A401acUen, 4aDildfl60 COIU Are dvNd ly M neglipan66 al DMtada 60 ha wbaOnU+uabn. PCgPIPRITATION: ThSeOntaq lhal bega vrned by" oM{bud In loooad{nawihlhelawr of the sale of Of A Igebralan, Many ann, provlaon a rind tbrl contained Wolin 1ha0, b arty IvtenL bI fnYfAd Or uNMlaooabb, purlulnl b Ica lsvr a oofnsise One r6malnd60 of the bmu, aovjiQ a and e;endldMl herein (or hs, apprtav'M of suer term, prouiliam, er rrgo lye to W1101,16 Sir Woumet+neN SOW tan 01666 In relPed N Wllichit'•invdtid6 wdnfv,un,0elelxd rest be SNOOD Visitor. andfads Nags. Profaw old mnddon of t1i1 dlnNd and fo Ysld and MbrCWlf b M lxAfw nlMl p1NUltud DY low. A$MONMENT S SUSLLTTI NO i PunchaoN INM not have PN right b reneger a slltpn of All ha w+aror obhpananl under h II mnYOd b Any hlpd pwly, i0ft a unte4lod, WIhaIRMlklrfMwrAanaatNNelCenlreew,CeM1Yacw Map maw dvrtsMaYwlr,fvdip,t ter eubletona arty pafMOfrAdphnaa0lgafbM yerOvnder, MrlaranYensM, . ubgnmAm r euels Imp and not rflievel Ce i'adw Gem n11J oblpalens b Putdnlw urdr66 wen usater, aaatgnnMl a auMetMp N Aunuam b M I:b et Oowa¢w, er ten dlwbM1 01 OOmYACIa relponiwe WINS. ar,Y•ut, W A hod Yar11'. O CLLt.ANCOUS: the arms and tonditbno Sol brox Now convolute da sm*4 urd60landrg of ten OWN redoing b he work b of WWT d, load maa•Ws and IewernMt to be pre Ades, by Contactor for ho kwaa►, Al prerovl p,uwNlw offers. red other coillmuNt"ore relative so ht p'DV4io16 Of M subject woe, bell a ealnM, we hereby luwldad, Haept to PI oxfonl hsl dolly h Ave tae m n prell'y inoo,powed lw all0, Ax ry MV4111aalbnl a nvlabno of arty PIOAAIMe hoe" Gelorry a laws[ prava aye contained in any PUN04AN 00060, 60JNewidgmenl. or 01114, torn of Iiie, Purl ggist am hreor non ssly objected t6 by Centscl r Ind Vial not operese w mums Pis contras This OMlnot shoe lake aced UPON eecapalef Ind 40t4tiol by both oNles. I I CITY COUNCIL t, ~Q40t~ i I E: \W'OOCS\ONO \E11GON.0 monde N. o. Q~ ~ do 46 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND EMCON BAKER-SHIFLETT, INC. RELATING TO THE PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH TESTING AND OBSERVATION AND PREPARATION OF SOIL AND LINER EVALUATION REPORTS: AUTHORIZING THE EXPENDITURZ OF FUNDS THEREFORE: AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE-CITY OF DENTON HEREBY ('.RAINS: SECTION 1. That the City Manager is authorized to execute an agreement Letween the City of Denton and Emcon Baker-Shiflett, Ino. relating to engineering services associated with testing and observation and preparation of soil and liner evaluation reports under the terms and conditions contained with said Agreement, a copy of which is attached hereto and made a part hereof. SECTION Ii. That the City Council hereby authorizes the expenditure of funds not to exceed Forty Eight Thousand Dollars ($48,000.00) for the services required pursuant to the Agreement. SECTION Iii. 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 A. DRAYOVITCH, CITY ATTORNEY i ~pende No , Agenda1 ~!e ~ d O DATE: July 20, 1993 CITY COUNCIL REPORT T01 Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER M 35039 - EMCONIBAKER SHIFLETT RECOMMENDATION: We recomme:Ld this purchase order to EmconlBaker Shiflett be approved in the amount of ;48,000.00. SUMMARY: This purchase order is for the prolessionai services to perform the Soil and Liner Evaluations for excavations and liner at the Landfill. These services are required by the Texas Water Commission Professional services of this type are exempt from the bid process. BACKGROUND: Memorandum from R.E. Nelson, Proposal from EmoonlBaker- Sh ett, Purchase Order M 35039. PMOGRAM9 UEPARTMENTS~OR GROUPS AFFECTED: Solid Waste Landfill Operations. FISCAL IMPACT: Funds for this service will come from 1992-93 budget account number 1630-M-0903-8502 for Special Services. Respec lly sub ed: . ' arre City Manager Approved: Namo: Tom D. S1:aw,C.P.M. Title: Purchasing Agent ~q~nd~.7l9 4Qenda Date: July,,j0 199 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R. E. NELSON, P.E., EXECUTIVE DIRECTOR OF UTILITIES SUBJECT: CONSIDER ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH EMCON BAKER-SHIFLETT FOR GEOTECHNICAL TESTING AND SOIL LINER EVALUATION REPORTS (SLER) FOR A THREE ACRE SECTION OF THE DENTON LAND" I LL RECOMMENDATION: The Utility staff recommends award of a contract to EMCON Baker-Shiflett, Inc. in the not-to-exceed amount of $48,000 for preparation of the required SLER's at the Denton Landfill. The Public Utilities Board recommends approval by an unanimous vote. SUtMSARY : EMCON Baker-Sh, lett has submitted a proposal to prepare SLER's for th,: remaining unopened area of Denton's landfill (Area "W"). .ompensation is based upon salary cost times a multiplier, .temized prices for specific tests, and direct cost in an amount not to exceed $48,000. The Site Development Plan indicates that Area "W" is scheduled for develop.nent now. This is the last phase of liner con- struction. The liner construction must be completed and approved by the Texas Water Commission (TWC) before October 9, 1993. Otherwise, Denton will be required to construct a double liner and leachate collection system to conform to Subtitle "D" requirements. These are estimated to cost $125,000 for construction plus additional operating cost for the leachate collection system. BACKdROUND: The Community Services staff has been working toward comple- tion of the final liner sections since last October. In accordance with the Site Development Plan, the liner has been constructed in relatively small pieces or sections. Staff recognized in April that substantial time and money savings could be realized if the remaining section, Area "W", could be developed as one section instead of four or five. A5393C/1 +pan~aNo. CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD 4A911Qa~Re July 20, 1993 hte _ One key condition is the ability to enter into one agreement for SLER preparation instead of issuing a purchase order for each section. The original estimate of SLER preparation was $86,000 based upon five wall sections and four floor sections. Staff opted to negotiate with one firm who has satisfactorily prepared SLER's for Denton's landfill, and by reducing the continuous effort to two wall sections and one floor section, staff has been able to negotiate an agreement not to exceed $48,000. EMCON Baker-Shiflett has prepared several SLER's at overall cost equal to or below that of any other firm; they are well known by the TWC; we have received very few questions from the TWC about their submittals) they were one of two finalist for the Denton Solid Waste Master Plan Proposal; they prepared one of the Preliminary Summary Master Plans; and they are very familiar with 03nton's current conditions and future planning efforts. The agreement also acknowledges that staff will make every effort to construct the wall in one section and possibly save as much as $14,000. Tricky construction and safety conditions must first be prevailed over in order to realize any savings. The Subtitle "D" regulations impose a critical deadline of October 9, 19930 for development of Area "W,,. After that date, new landfills and portions of existing landfills must include additional requirements. A double liner and a leachate collection system are two requirements which can be avoided if the liner is completed, a substantial amount of waste is deposited and a six inch cover in place before October 9, 1993. Denton has recently entered into an agree- ment with HDR Engineering to address Subtitle "D" requirements which must be implemented for continuous landfill operation after October 9, 1993. The double liner is estimated to cost an additional $64,500 and the leachate collection system, $64,500, for a total additional capital cost savings of $125,000. Denton should expect to incur the additional cost associated with Subti- tle "D" if another site were used in lieu of the existing. However, the optional site might not be in position or have the foresight to week such savings. Denton would be subject to the cost of Subtitle "D", plus owner's markup, plus additional haul cost if an optional landfill were utilized AGENCIES AFFECTEDs The citizens of Denton; Denton Municipal Utilities; EMCON Baker-Shiflett, Inc.; Texas Water Commission A5393C/2 r' ~endeNo. FISCAL IMPACT: ondalt+e~ The cost will not exceed $48,000. 1911 ..L" so Respect ully subm tted, A 1, L1 d V. Harrell city Manager Prepared by: ) Bi Angelo Director of Community services Appr b i R E. Nelson Executive Director of Utilities Attachments: Ordinance Proposal Contract Financial/Budget Analysis A5393C/3 i I 3 QendA Mn `Q toenda Ito DETALED BUDGET WACT Geotachnical Engineering Services are budgeted In the Spacial Services account. $05,500 was budgeted and $22,000 was recently transferred Into the account. Expenditures thus far total $51,0.57 and $13,500 Is encumbered Waving $42,043 In the account. Approval of the contract with Baker/Shiflatt will overspend the account by approxlmMMy $6,000 which can be funded from undsraxpenditures In residential motor pool payments. i vendaNo agendailen ~13te _ O'P n` STATE OF TEXAS ICJ COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS! THIS AGREEMENT is made and entered by and between the City of Denton, Texas, a municipal corporation situated in Denton County, Texas, hereinafter called the "City," acting herein by and through Lloyd Harrell, its duly authorized City Manager, and EMCON Baker- Shiflett, Inc., an independent contractor, acting herein by and through Thomas D. Baker, its duly authorized Chairman of the Board, hereinafter called the "Engineer." N I T N E S S E T H That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as followsi SECTION I - SERVICES OF THE ENGINEER The City hereby contracts with Engineer as an independent contractor, and the Engineer hereby agrees to perform, within the professional standards normally accepted in the State of Texas, professional services associated with testing and observation and preparation of soil and Liner Evaluation Reports (SLER) as agreed in writing and included herein as Attachment "A". - 1 - I A2792C/1 AgendaNc AQen l oate~' O• SECTION II CHARACTER AND EXTENT OF ENGINEER'S SERVICES g(~j The areas requiring SLER's are identified in Attachment "A". They include approximately 115,000 square feet of floor liner and 860 and 200 feet of wall liner. The floor will be completed first and then the wall. Only two SLER's are anticipated to cover the total wall/floor area of Arra W. The tests, testing freTiency and observation shall be per all Texas Water Commission regulations and Liner Quality Control Plan (SLQCP), It is understood that this Agreement contemplates the full and complete engineering services for providing testing documentation and preparing SLERIS including any and all changes necessary to complete the project as detailed in Attachment "A". Nothing contained herein shall be construed as authorizing additional fees for services. The Engineer acknowledges by the execution of this Agreement that all contingencies known to the Engineer and City at the date of this Agreement as may be deemed necessary and proper to complete the project have been included in the maximum fee estimate. Engineer agrees that engineering services will be managed and performed in their Fort Worth Office. 2 - A2792C/2 qpdaNo- 0q, o4endalt X313) SECTION III • SPECIAL SERVICES OF ENGINEER r Aa n 3.1 Services Requiring Authorization in Advance. yi 740 If authorized in writing by City, Engineer shall furnish or obtain from others Special Services necessary to complete the assignments. These services are not included as part of Basic Services as outlined in SECTION II CHARACTER AND EXTENT OF ENGINEER'S SERVICES, These Special Services will be paid for by City as indicated in section V. SECTION IV • CITY RESPONSIBILITIES Provide all criteria and full information as to City's requirements and designate a person with authority to act on City's behalf and all matters concerning the project. Assist Engineer in obtaining existing studies, reports and other available data and services of others pertinent to the project and in obtaining additional reports and data as required. Upon reasonable notice arrange for access to and make all provisions for Engineer to enter upon public and private property as may be required for Engineer to perform services hereunder. Designate in writing qualified person who will act as City's representative with respect to the project for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to Engineer's services. • 3 A2792C/3 ~QAf1dOIJ0 "L ~gend~lte Ole Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. Examine all studies, reports, sketches, drawings, specifica- tions, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance counselor and other consultants as it deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. Provide such legal, accounting, insurance and other counseling services to City as may be required for the project. Bear all costs incident to compliance with this Section. SECTION V • COMPENSATION TO ENGINEER The total compensation for all of the project to be performed by Engineer as described in SECTION II • CHARACTER AND EXTENT OF ENGINEER'S SERVICES hereof shall not exceed $49,000. Engineer shall be compensated on the basis of Attachment "A" which is made a part of this Agreement, The City and the Engineer shall agree on the Scope and Compensation for the performance of Special services prior to the commencement of such Special Services. For Special Services performed under Section III, the Engineer will be compensated at the same rates and methods as outlined in this Section V. • 4 A2792C/4 i r i oenda No 6 oenda Ilem SECTION VI METHOD OF PAYMENT The Engineer shall be paid monthly on the basis of statements prepared from the books and records of account of the Engineer, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Engineer. Payment according to statements will be subject to certification by the Executive Director of Utilities or his duly authorized representa- tives that such work has been performed. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the project until completion, if City fails to make any agreed-to payment duo to Engineer for services within sixty (60) days after approval of Engineers statement thereof, the amount due Engineer shall include a charge at the rate of 1.0 percent per month from said sixtieth day, and, in addition, Engineer may, after giving seven (7) days written notice to City, suspend services under this Agreement until Engineer has been paid in full all amounts due for services actually performed. Mail monthly invoices to: The City of Denton Attention: Charles S. Watkins Superintendent of Solid Waste 901-A Texas street Denton, Texas 76201 Telephone Number 817 566.8420 • 5 - A2792C/5 ~I aertaaNo ~oenoa h11 SECTION VII TIME SCHEDULE OF ENGINEERING SERVICES I WO b The Engineer shall initiate work prescribed hereunder immediately upon the execution of this Agreement and upon issuance by City of a Notice to Proceed. The time period for this Agreement is ninety (90) calendar days. SECTION VIII - TER14INATION The City may terminate this Agreement at any time and for any cause by notice in writing to the Engineer. Upon receipt of such notice, the Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into Contracts for supplies, assistance, facilities and ►nateria is in connection with the performance of the Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Engineer for services performed in accordance herewith prior to such termination, less such payments having been previously made. such payments shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation prescribed in Sections V and VI hereof. Engineer shall also be compensated for all termination - related expen.mes such as meeting attendance, document reproduction, transfer of records, etc. . 6 ' A2792C/6 i Apen~ia Flo. AQendalte ate '1 3 Upon termination of this Agreement, the Engineer shall provide the City reproducible copies of all completed or partially completed engineering documents prepared under rris Agreement. SECTION IX - INSURANCE Engineer shall maintain statutory workers comj;-.nsation insurance coverage, employer's liability, commercial general liability, automobile liability, and professional liability insurance coverage during the period of performance of services hereunder in the following minimum amountsr LIMITS OF LIABILITY A. Workers'a Compensation Statutory Employers Liability $1,000,000 B. Commercial General Liability (including contractual Liability)i Bodily Injury ) $1,000,000 combined single limits for each Property Damage ) occurrence or aggregate C. Comprehens've, Automobile Liability (owned, hired, and non owned vehicles)t Bodily Injury } $1,000,000 combined sii,gle limits for each Property Damage ) occurrence or aggregate D. Professional Liability $1400,000 annual aggregate At City's request, insurance certificates will be provided by Engineer to evidence such coverages. Certificate shall contain a I • 7 - A2792C/7 Venda No 4genda [tem Data provision that such insurance cannot be cancelled, without thirty Q (30) days prior written notice to City. SECTION X - LIMITATION OF LIABILITY Engineer currently maintains and shall endeavor to maintain professional liability (errors and omissions) insurance in an amount not less that $1,000,000 aggregate limits during the term of the Agreement. To the fullest extent permitted by law, City agrees to limit the liability of Engineer, its officers, shareholders and employees, for any acts, errors or omissions or breaches of contract to the proceeds available from applicable insurance, or, where no insurance is applicable, the lesser of the actual damages incurred by City or the total sum of $100,000. Failure of City to give written notice to Engineer of any claim a^t negligent act, error or omission within one (1) year of performance shall constitute a waiver of such claim by City. SECTION XI - INDEMNIFICATION Subject to the limitation of liability above and the second sentence hcreof, each party shall indemnify the other from loss, cost, damage or expense (..ncluding attorneys' fees), arising out of the negligence of the indemnifying party to the extent that such loss, cost, damage or expense is caused by the negligence of the indemnitor. In addition, City agrees to indemnify and hold 8 . A2792C/8 H I e ~Geeda No r ~ ~oendalt eta ~ Eagincer harmless from any loss, coat, damage, expense (including/T64 attorneys, fees) or liability, arising out of or in connection with Engineer's performance for any existing enviror-nental pollution or contamination except to the extent such pollution or contamination is newly caused or created by the active negligence or willful misconduct of Engineer. SECTION XII • NO THIRD PARTY BENEFICIARIES There are no third party beneficiaries of this Agreement between city and Engineer and no third party shall be entitled to rely upon any work performed or reports prepared by Engineer hereunder for the purpose whatsoever. City shall indemnify and hold Engineer harmless against any liability to any third party for any loss, expenses, or damages arising out of or in connection with reliance by any such third party on any work performed or report issued by Engineer hereunder. SECTION XIII • SAMPLING Most test samples or specimens are consumed or substantially altered during the conducting of tests by the Engineer, and, at Engineer's sole discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of tests: 1. Engineer will maintain preservable test samples and specimens or the residue therefrom for 30 days after 9 . A2792C/9 c 4gend I± Benda NV.a '}ate submission of Engineers report free of storage After the initial thirty (30) days and upon written request, Engineer will retain test specimens or samples for a mutually acceptable storage charge and stated period of time. City agrees that it will not hold Engineer responsible or liable for any loss of test specimens or samples retained in storage. 2. In the event that samples contain substances or constitu- ents hazardous or detrimental to health, safety, or the environment as defined by federal, state or local statutes, regulations or ordinances, Engineer will, after completion of testing and at City's expense. (i) return such samples to City, or (ii) using a manifest signed by City as generator, will have such samples transported to a location selected by City as generator, will have such samples transported to a location selected by city for final disposal. City agrees to pay all costs associated with the storage, transport, and disposal of hazardous samples. City recognizes and agrees that Engineer is acting as a bailee and at no time does Engineer assume title to said waste. All laboratory and field equipment contaminated in performing these engineering services which cannot be reasonably decontaminat- ed, in the sole opinion of the City, shall become the property and • 10 A2792C/30 ~gendeNa 4gendalte dale I responsibility of city. All such equipment shall be delivered to city or disposed of in a manner similar to that indicated in the previous paragraph. City agrees to pay fair market value of any such equipment which, in the City's sole opinion, cannot be reasonably decontaminated. SECTION XIV - INDEMNITY PERTAINING TO HAZARDOUS MATERIALS City acknowledges Engineer will perform part of the work at City's facilities that may contain hazardous materials, including &stroleum products, or conditions, and the Engineer had no prior role in the generation, treatment, storage, or disposition of such materials, In consideration of the associated risks that may give rise to claims by third parties or employees of City, agrees insofar as permitted by law, to indemnify Engineer from any and all losses, damages, claims, or actions brought by third party or employees of City against Engineer or Engineer's employees, agents, officers, or directors, in any way arising out of the presence of hazardous materials or conditions at City's facilities, except for claims shown by final judgment to arise out of the sole negligence of Engineer. The City shall defend at its own expense any suits or other proceedings brought against the Engineer and its officers, agents, servants, and employees or any of them on account thereof. In connection with hazardous waste, including petroleum products, City agrees to the maximum extent permitted by law to - 11 A2792C/11 +gendaNo. Apidaltem /Q3 y defend, hold harmless and indemnify Engineer from and against any and all claims and liabilities resulting from: (a) City's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of hazardous substances or constituents; (b) City's undertaking of arrangement for the handling, removal, treatment, storage, transportation or disposal of hazardous substances or constituents found or identi- fied at the site; (c) Changed conditions or hazardous substances or constit- uents introduced at the City by City or third persons before or after the completion of services herein. (d) Allegations that Engineer is a handler, generator, operator, treater or Storer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976, as amended, or any other similar federal, state or local regulation or law, SECTION XV - RIGHT To AUDIT Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Engineer involving transac- tions relating to this Agreement. Engineer agrees that the City 12 - A2792C/12 I Vnea Na 3 f 46endaltem bite ~y shall have access during normal working hours to all necessary lq~y Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Engineer reason- able advance notice of intended audits. SECTION XVI - SUCCESSORS AND ASSIGNS The City and the Engineer each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. SECTION XVII • ASSIGNMENT Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XVIII • INDEPENDENT CONTRACTOR Engineer shall perform all work and servi-es hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Engineer shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder, and all p,rsons performing same, and shall be 13 A2792C/13 ~gendaNo. Q solely responsible for the acts and omissions of its off~$~ 9 i !r. y agents, and employees. Nothing herein shall be construed as O creating a partnership or joint venture between the City and the Engineer, its officers, agents and employees, and doctrine of respondent superior has no application as between the City and the i Engineer. SECTION XIX . VENUE venue of any suit or cause of action under this Agreement shall lie in Denton County, Texas. IN TESTIMONY HEREOF, the parties have executed the Agreement, this day of 199_. CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS Lloyd Harrell Bill Angelo City Manager Director, Community Services EMCON Baker-Shiflett Thomas D. Baker, P.E. Chairman of the Board 14 A2792C/14 v QenoaNo. Q3'{~ agentlaftem ATTACHMENT A Cole ?Cr 910 1. BASIC SERVICES Field and Laboratory Testing Floor Liner The floor liner covers approximately 115,000 square feet. Based on conversations with City of Denton personnel, the floor liner will be constructed monolithically, with 8-inch lifts. Each lift will be completed prior to starting the next lift. This construction sequence will require six site visits by the field technician and four visits by the Geotechnical Quality Control Professional (GQCP). We have estimated eight hours per visit for the field technician and four to five hours per visit for the GQCP. Laboratory testing is estimated to consist of three permeability tests, ten Atterberg Limit tests, ten minus 200 sieve tests and one standard Proctor. Wall Liners One of the wall liners will be approximately 860 feet in length with an average height of 21.5 feet. During discussions regarding the construction sequence, the City of Denton stated that every effort will be made to construct the wall liner as a monolithic unit, i.e„ each 2-foot test interval will be constructed and tested for the entire 860 feet of length prior to starting the next lift. However, due to physical constraints at the site, the wall may have to be constructed as two monolithic units. For estimating purposes it is assumed that the liner will be constructed as two units. If it is constructed as one unit, a cost savings will be realized by the client. We have estimated 24 site visits by the field technician at 9 hours per visit. For the GQCP, we estimate 14 site visits at four to five hours per visit, The laboratory testing is estimated at 22 permeability tests, 44 Atterberg limits, and 44 minus 200 sieve tests. The other wall liner is approximately 200 feet long with an average height of 22 feet, This wall required ten site visits by the field technician and three visits by the GQCP. Laboratory testing includes I I permeability tests, I1 Atterberg Limits, i 1 minus 200 sieve tests and I standard Proctor with remolded permeability. This section of wall liner will be reported with one of the two sections of wall liner discussed in the previous paragraphs. The number of field technician and GQCP hours, and the number of laboratory tests were estimated based on information provided by the City of Denton. The FWAUISLFRCON.630-931dd.3 Rev. 0, 07/07193 P•9303-031 1 ~;erdaNo Q 4grr', a tem oale x-20' actual number of hours aPd tests may need to be greater, depending on actual conditions encountered in the field, soil variability, construction sequence, and other factors beyond the control of EMCON Baker-Shiflett, Inc. (EBS). Rgprt Preps sign Three Soil and Liner Evaluation Reports (SLERs) are proposed, one for the floor and two for the walls. The three reports will summarize test results and data required in accordance with the SLQCP for the site. Five copies of each SLER will be submitted as soon as practical after completion of construction to Mr. Charles Watkins, for his signature and distribution. A minimum of throe copies of the SLER are required for the Texas Water Commission (TWC). Schedule The SLER is anticipated to be ready for transmittal to the City of Denton within two to three weeks of completing liner construction. Site survey data, furnished by the City of Denton, Is needed within one week following completion of the liner. 2. SPECIAL SERVICES The following services are not included in Basic Services and will be considered as Special Services if required or requested: • Additional meetings or trips to the site other than those described in Salle Services These may include site visits due to unacceptable liner test results, changed regulations, unanticipated soil conditions, or coordination with regulatory agencies. • Revisions to the report as a result of changes made by the City, TWC, or changed regulations. • The services of specialty subconsultants or other special outside services other than those described in Baste Services. • Additional or increased Insurance coverage (if available) other than that described in the AGREEMENT. • Any costs, Including cquipra:nt replacement, where applicable, associated with decontamination of personnel or equipment as a result of encountering hazardous or toxic materials at this site. FWAUISLFRCON.630-93160 Rw. o. WWI) P 9343431 2 Agenda No 7 J -Gi Agenda Item tk~le • Sales or use taxed imposed and due on the professional services described in the Scope of Services after the date of this proposal. • Any other services not specifically included in Basic Services. 3. PROJECT TEAM EBS will provide an experienced project team to conduct the quality assurance, testing, and reporting. Field technicians will have a minimum of two years experience and a degree in geology or a NICET Level 11 Certification (National Institute for Certification in Engineering Technologies). The Geotechnical Quality Control Professional will be a registered professional engineer In the state of Texas. The proposed project team is presented below • Site Field Representatives Ron Rounsaville Mauro Canizalez David Nicholson Glenn Heath Tommy Thompson Roger Moseley • Laboratory Testing and Analysis Mark Lankford, Laboratory Supervisor e Professional Staff David R, Frieis, P.E., Project Manager Wm. Ray Campbell, Jr., P.E., Project Engineer Donald D. James, C.P.G., Project Geologist Thomas D. Baker, P.E., Senior Engineer Roy Grant, S.E.T., Quality Review of Field/Laboratory Testing 4. PAYMENTS TO ENGINEER Payment Terms Defined Direct Labor Cost Direct Labor Cost shall mean salary and wages at the time services are performed of all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects, scientists, surveyors, designers, draftsmen, specification F W/176/9LERCON.670-9N dI 7 Air. 0.07/0711 P 97-0sm1 3 q3 -Ora ~gooda b!o Agvda!tem rd q&.S~xc writers, estimators, steno, clerical, accounting, and other technical and business personnel but does not include indirect payroll-related costs or fringe benefits. Payroll Cost Payroll Cost shall mean the salary and wages at the time services are performed of all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects, scientists, surveyors, designers, draftsmen, specification writers, estimators, steno, clerical, accounting and other technical and business personnel, plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation, holiday pay and other group employee benefits. For the purposes of this Agreement, the Payroll Cost is equal to Direct Labor Costs, multiplied by a factor of 1,35. Per Diem Per Diem shall mean an hourly rate equal to Direct Labor Cost times an Overhead Multiplier of one and seven tenths (1.7) plus Payroll Cost to be paid to ENGINEER as total compensation for each hour an employee of ENGINEER works on the PROJECT. Reimbursable Expenses will be paid in addition to ENGINEER'S Per Diem compensation. Overhead Multiplier Overhead Multiplier shall mean a factor by which the Direct Labor Cost is multiplied to compensate for general and administrative overhead. When the basis of compensation is Per Diem, the Overhead Multiplier includes profit. Reimbursable Expense; Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in connection with the PROJECT, Including, but not limited to Subconsultant or Subcontractor costs times a multiplier of one and one tenth (1,1), transportation and subsistence incidental thereto, toll telephone calls, express mail and telegrams, courier services, reproduction of reports, drawings, specifications,bidding documents, and similar PROJECT-related items in addition to those required under SECTION I, and, if authorized in advance by the OWNER, overtime work requiring higher than regular rates. In addition, Reimbursable Expenses will also include expenses incurred for computer time and other highly specialized equipment, including an appropriate. charge for previously established programs and expenses of photographic production techniques. F1w1761SLEACON.6NMIdd:J Rgv, 0, 07107197 P•9945491 4 t tit, Lam bests Laboratory tests will be charged at the unit rates provided on the unit cost estimate sheets provided herein. 5. OTHER PROVISIONS CONCERNINO PAYMENTS If OWNER fails to make any payment due ENGINEER for services and expenses within 45 days after receipt of ENGINEER's statement, the amounts due ENGINEER will be increased at the rate of I percent per month from data of invoice, and in addition, ENGINEER may, after giving seven days' written no'.=,x to OWNER, suspend services under this Agreement until ENGINEER has tit m paid in full all amounts due for services, expenses and charges. If the PROJECT is suspended or abandoned in whole or in part for more than 30 days, ENGINEER shall be compensated for all services performed prior to receipt of written notice from the OWNER of such suspension or abandonment, together with Reimbursable Expenses then due. If the PROJECT resumed after i being suspended for more than 30 days, ENGINEER's compensation shall be equitably adjusted. Services performed by ENGINEER at request of OWNER during periods when the PROJECT Is suspended shall be considered Additional Services. The OWNER's approval, acceptance, use of or payment for all of any part of the ENGINEER's services hereunder or of the PROJECT itself shall in ne way alter the ENGINEER's obligation or the OWNER's rights hereunder. OWNER may temporarily delete any disputed items contained in Engineer's invoice, including items disputed due to lack of supporting documentation, and pay the remaining amount of the invoice. OWNER shall promptly notify ENGINEER of the dispute and request clarification and/or remedial action. After any dispute has been settled, ENGINEER shall include the disputed item on a subsequent regularly scheduled invoice it on a special invoice for the disputed item only. In the event of termination of this Agreement by either OWNER or ENGINEER, as provided in SECTION Vill, ENGINEER shall be entitle to payment for Services up to the time of termination, plus termination expenses. Termination expenses shall include labor, reimbursable expenses olrectly attributed to termination, and direct expenses associated with mobilization and demobilization of ENGINEER's personnel and facilities and any othercosts Incurred by Engineer not otherwise reimbursed. M 1763LERCON UM/ d.rd Rw. 0, 070M P-93-03-021 5 t - ovdatto 352 Agcr;ailam, The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER's compensation as reimbursable expenses. ENGINEER will keep, and will cause each subcontract design professional and consultant engaged under this contract to keep, accurate books of record and account, in accordance with sound accounting principles, of all expenditures made and all costs, liabilities and obligations incurred under this contract in relation to the engagement and payment of all subcontract design professionals and consultants, and in relation to any services performed for which additional compensation will be claimed. Those mentioned accounts shall b4 available, upon reasonable and authorized request, to the comptroller of the OWNER or their representatives for examination and audit. Records of ENGINEER's Payroll Costs and Reimbursable Expenses pertinent to ENGINEER's compensation for Additional St-;ices under this agreement will be kept in accordance with generally accepted accounting principles, Upon request, copies will be made available to OWNER prior to final payment for ENGINEER's services, Whenever a factor is applied to Direct Labor Costs for determining compensation payable to ENGINEER, that factor will be adjusted periodically and equitably to reflect changes in the various elements that comprise such factor. All such adjustments will be In accordance with generally acceptable accounting principles as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures, FW117613LERCON,610.OV6 0 Am 0, 0110719 P•91-0!411 6 CITY COUNCIL FFFFFFFF a F 5 .r f A ' r., 1oMF 'S~y i ' d 1 p ~-~2 0-43 N E N O R A N D U N TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: July 14, 1993 SUBJECTt BRIERCLIFF PARK AGREEMENT aaaa==aaaaaaaxaa aaaaeasaa=aacaxaaaaaaaaaaaaa=aaaaasaaaaaaaaaonaas RECOMMINDATIONt That City Council approve an ordinance authorizing the City Manager to execute an Interlocal Agreement with the Texas Department of Mental Health and Mental Retardation and the Denton State School to continue the use of property belonging to the Department and controlled by the School for a public park known as Briarcliff Park. BUNNARYI The City will execute an agreement with the Texas Department of Mental Health and Mental Retardation and the Denton State School to extend the use of property known as Briarcliff Park through April 30, 1994. BAQRQROUNDt The City entered an agreement with the Texas Department of Mental Health and Mental Retardation and the Denton State School on May 1, 1983, and terminating April 30, 1993, that permitted the city to develop and maintain a City Park (Briarcliff Park), on land controlled by the School. The Department of Mental Health and Mental Retardation is currently reviewing all of its agreements regarding the use of state property by other entities. The review is to insure consistency and conformity with pertinent state law and department policy. it is their intent to complete the review prior to the expiration date of the now agreement. Until the review is complete they have elected not to enter another long term agreement with the City. PROGRANS. DEPARTHENTS OR GROUPS AFFECTEDI Parks and Recreation has the responsibility to operate the park in accordance with all City regulations. The Parks and Recreation Department provides mowing of the park, trash pick-up, and maintenance of the playground equipment located in the park. The park is used by the surrounding neighborhood and various athletic teams for practice. AJJ0076C.WP5 f CITY COUNCIL REPORT/PARD/BRIERCLIFF PARK Page 2 o►v FISCAL IMPACTI This park is maintained as a neighborhood park on our Class B level (mowed once every 10 days). Since ve have been maintaining it for the past ten years no new fiscal impact to the Parks budget exists. Current budgeted estimate for maintenance of this 11 acres is $16,500. RESPECTFULLY SUBMITTEDi Lloyd V. Harrell City Manager PREPARED BY1 ILAC4% !~lu~ Rich Dlugas Director of Parks and Recreation Betty McKean Executive Director, Municipal Services and Economic Development AJJ0076C.WP5 t k 4pandaNa Texas Department of A0end2It ;Mental Health and Mental Retardation n,-~d r Denni, It. Donn, St.S.W , 1t. B_S. Date corRmi,il„nn 3 July 7, 1993 Tanya A. Cooper Assistant City Attorney City of Denton centril ottl~e 215 East McKinney St. r,o• B"s tanhs Denton, TX 76201- 4229 Axnin, 7X r?11 .1668 f111 4S4 -1'e1 Re: Extension of a contractual agreement pertaining to the use of property at Denton State School as a park Dear Ms. Cooper: Enclosed is the Agmment allowing the City of Denton to continue to use a parcel of property at the Denton State School, The agreement has been signed by Pat Jesse, Superintendent of the Denton State School, and Sally Anderson, Deputy Commissioner for Management and Support (on behalf of the Commissioner). It Is my understanding that the Agreement will be executed by the Denton City Manager following approval by the Denton City Council. I would appreciate it if you would return the fully executed document to me. As I mentioned to you in our previous conversations, the Department is reviewing all of Its similar agreements regarding the use of state property by other entities, This review is to insure consistency and conformity with pemnent state law and departrnent policy, It is our intent to complete this review prior to the expiration date of this Agreement. Thank you for our cooperation in this matter. If you have any questions, please call me at (512465-4579. Sincerely, / Steve Craddock , , T Asset Manager D 11 ~yr Lei ~1. J 9 ED, 930707:SC:maru Enclosure , U L 12 199 cct Pat Jesse, Superintendent, Denton Stale Sd ioot CITY OF r c NT0N1 Chris Lopez, Attorney, Legd Services LEGAL DEPT. a Q .:\rpdon\ord\bH&r.o Venda No Agen 11em 4 We ORDINANCE NO. - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION AND THE DENTON STATE SCHOOL TO CONTINUE THE USE OF PROPERTY PARK TO THE DEPARTMENT AND KNOWN AS BRIERCLIFF CONTROLLED AND DECLARING PARKGL S FOR A PUBLIC AN EFFECTIVE DATE. WHEREAS, the city of Denton, the Texas Department of Mental Health and Mental Retardation, and the Denton State School had p blip park known as Brie cliff Park; and he use of property las entered nto WHEREAS, the term of this agreement has expired and it is now Denton Department State School n to l renew Health and desire the i tand t the Texas Mental Retardsion, this agreements NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: MTION I. That the City Manager is hereby authorized to exe- cute an agreement with the Texas Department of Mental Health and Mental Retardation and the Denton State school to extend the use of property known as Briarcliff Park, a copy of which is attached hereto and incorporated by reference herein. 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 ATTEST: JENNIFER WALT£RS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: g ti 4 ~e1W-10CI\k\brfar. k ~Anf1a NO -~~t t(~ +aenda lam lfp~~ tarp ~1p~3c 2 567 ~ STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT Whereas, on May 1, 1483, pursuant to TEX. REV. CIV. STAT. ANN. art. 4413(32c), and as amended to TEX. GOVT. CODE ANN, ch. 791, ' the Texas Department of Mental Health and Mental Retardation (hereinafter referred to as Department), the Denton State School (hereinafter referred to as School), and the City of Denton, Texas (hereinafter referred to as city) entered into an agreement to provide for the operation of a public park, known as Briarcliff Park, by the City of Denton; and Whereas, the parties to that agreement now desire to extend their agreement for the continued operation of a public park and mutually agree to the following provisions: PROPERTY Department will permit the City to continue to develop and maintain a public park on Department's premises located in the City of Denton, Denton County, Texas, said land which is controlled by School, a facility operated under the jurisdiction of Department. This property is located in the City of Denton and is more particu- larly described by metes and bounds in the attached Exhibit A which is incorporated herein. CITY'S RESPONSIBILITIES The City agrees, in exchange .'or the usage to the above- described property, to perform the following activities; 1. To continue to operate the park in accordance with all City regulations and the terms of this Agreement 2. To maintain the park by removing all trash weeklyi 3. To prohibit the consumption of alcoholic beverages in the park; 4. To maintain a fence surrounding the park property con- taining a gate to allow access from Denton State School; 5. To permit Denton State School to utilize all park facilities at all reasonable hours when the park is open to the public; 6. To indemnify and hold harmless, the Department, School, the State of Texas, and any employee or agent of these entities, from any damage or injury which may occur as a result of the City's negligence in the operation of the park on the property and endatvo agandaitem 7. To remove all city equipment from the property upon the termination of this Agreement. TERM OF AGREEMENT The Agreement period will begin on May 1, 1993, and terminate on April 300 1994, unless said Agreement is extended through a new or renegotiated agreement made among the parties involved. TERMINATION OF AGREEMENT This Agreement may be terminated only in the event of one or more of the following conditions occurring: 1. If the City fails to comply with the provisions of the Agreement; 2. If the need for the park ceases; or 3. If the Texas Legislature requires the use of the property for State purposes. Any party may terminate the Agreement for conditions 1 or 2 listed above by giving thirty (30) days written notice to the other parties. Any party may terminate the Agreement for condition 3 listed above by giving 360 days written notice to the other parties. NOTICES Any notice given by one party to the other parties in connec- tion with this Agreement shall be in writing end shall be sent by certified mail, return receipt requested, with postage foes prepaid as follows: CITY EPARTMEN city Manager npnj1*y commiseioner,for Management 215 F. McKinney Street and Support-, Denton, Texas 76201 n. Box 12668 n.,arin. Tx 78711-2668 gCHpp~ Superintendent P.O. Box 368 Denton, Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. PAGE 2 r gor,0a ho _ la3r,~} 1lOm_r~K~ Ade O ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by all parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 1993. CITY OF DENTON, TEXAS TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION BYi Sys .-04-" a-?.00.e" ~ • e/ City Manager i"on® ss ner APPROVED AS TO LEGAL FORMt DENTON STATE. SCHOOL DEBRA A. DRAYOVITCH, CITY ATTORNEY BY By l Supe nt nt PAGE 3 r i a Garda ate _ ~ _ Agrr;~~ltem EXHIBIT A ~3le " DENTON STATE SCHOOL PARK All situated inatheeCitynandt County tract of rDeparcel of nton, State n of lying and and ebeing part of the M.E.P. 6 P.R.R. Co. survey, Abst. No. 950 and also being part of a tract of land as conveyed from G.A. Godfrey, at al to The State of Texas by deed recorded in Volume 435, Page 12 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at a point in the north boundary line Df said State tract, said point also being the southwest corner of lot 6 and the southeast corner of lot 7, Block 4, Briarcliff Estates; Thence east, along the north boundary line of said State tract, same being the south boundary line of block 4, Briarcliff Estates, a distance of 785.16 feet to a point for a corner, said point being the intersection of west right-of-way line of State School Road with the south right-of-way line of Brighton Drive; Thence south 10 54.' west, a distance of 2022.30 feet to a point for a corner; Thence north 880 06' west a distance of 47.0 feet-to a point for a corner; Thence north 350 24' 30" west a distance of 654 feet to a point for a corner! Thence north 74° 53' 30" west, a distance of 279.58 feet to a point for a cornert Thence north 70 37' 24" west, a distance of 417.96 feet to the place of beginning and containing 11.11 acres of land more or less. i ~j CITY C.O-UNCII u G k r ApandaNo. Apendalfer2 ~ oete.JLLlyf..2Q,..14235 CITY COUNCIL AGENDA ITEM c' TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM; Lloyd V. Harrell, City Manager RE: CONSIDER APPROVAL OF THE MUNICIPAL WATER POLLUTION PROGRAM (MWPP) 1993 ENVIRONMENTAL AUDIT AND ASSOCIATED FUNDING RESOLUTION RECOMMENDATION: The Public Utilities Board, at their meeting of July 12, 1993, recommi . approval of the information provided In the Municipal Water Polluuon Prevention program environmental audit and the associated funding resclut on to comply with the Environmental Protection Agency's Order for Information Docket No. VI-91-2841. SUMMARY: The City of Denton is required to submit environmental audit Information and a funding resolution in July of each year. The environmental audit information must address compliance activities for the previous twelve month period from April 1 through March 31. In summary, the MWPP document Indicates two areas that the Wastewater Utility Department must address to maintain regulatory compliance. 1) It Is important for the department to continue funding improvements in the wastewater system that prevent Infiltration lInflow and wastewater system overflows. 2) The practice of land application or the beneficial reuse of aerobic sludge Is not permissible under the new 503 sludge regulatit ns without further treatment for pathogen control and volatile reduction. BACKGROUND: The Environmental Protection Agency (EPA) initiated the Municipal Water Pollution Prevention (MWPP) program to encourage municipal wastewater facilities to provide sufficient resources for compliance maintenance prior to becoming non-compliant. The Order io, ,irmation requires an annual environmental audit of Denton's wastewater facie-.. a. Information in the audit will be reviewed by EPA to determine areas of like,., •neomplience. EPA's goals for the MWPP include "prevention of wastewater permit violations; maximizing the useful lire of Publicly Owned Treatment Works (POTW) through effective operation, msinte: ance, and financial management; reduced wastewater flows and loadings; and ensuring timely planning and financing for future needs and growth prior to the occarrence of wastewater permit violations. " G' Benda No G agendalt ate -q3 Page 2 EPA requires the submission of a resolution from the Denton City Council concerning the acknowledgement of the information provided in the environmental audit and actions that the council has taken to ensure permit compliance. Section 309 of the Act, as amended by the Water Quality Act of 1987, provides civil and criminal penalties for failure to submit information required under Section 308 and criminal penalties for knowingly making a false statement under Section 308. FISCAL IMPACT: No direct fiscal impact as a result of these actions. The potential exist for future indirect costs from accelerated compliance schedules, administrative orders, etc. AGENCIES AFFECTED: Citizens of Denton, Denton Municipal Utilities Wastewater Department, Denton City Council Respectfully submitted, t~G ~t/ ~ 1o d V. Harrell, City Manager Prepared Approved by: R. E. Nelson, Executive Director Department of Utilities EXHIBITS: I. Environmental Audit (Under Separate Cover) II. Funding Resolution Ili. PUB Excerpt Minutes of 7/12193 ~ -T Q yYy R E : \WDDCS\RE 6 WPM S -genCaPJa argenea llem rate r) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, COM- PLYING WITH THE ORDER FOR INFORMATION BY REGION 6 OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AS CONTAINED IN DOCKET NO. VI-91-2641; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton discharges effluent under the au- thority of NPDES Permit No. TX 0047180 issued by Region 6 of the Environmental Protection Agency (EPA); and WHEREAS, under the authority of the Clean Water Act, the EPA has initiated a Municipal Water Pollution Prevention (MWPP) pro- gram; and WHEREAS, to further the purposes of the MWPP, Region 6 of the EPA has issued an order (Docket No. VI-91-2641), requesting that the City issue this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That, in compliance with the Municipal Water Pol- lution Prevention Order for Information (Docket No. VI-91-2641)0 dated September 5, 1991, from the Environmental Protection Agency (EPA), requiring the completion and submission of an Environmental Audit for the Denton Wastewater Treatment Plant on a yearly basis, the City Council informs EPA Region 6 that the following actions will be or have been taken to maintain compliance with NPDES Permit No. TX 0047180: 1. That it has reviewed the Municipal water Pollution Pre- vention Environmental Audit Report (attached to this resolution as Exhibit A). 2. That it has taken the following actions necessary to main- tain permit requirements contained in NPDES Permit No. TX0047180, effective November 25, 1991: a. Began construction in August, 1992 of the wastewater treatment facilities necessary to expand form 12 MGD to 15 MGD and provide the process improvements needed to comply with the Texas Water Commission and Environ- mental Protection Agency permit requirements; b. Provided funding in the 1994-98 Wastewater Capital Improvement Plan to minimize infiltration and inflow and prevent overflow from the wastewater collection system; and c. Provided funding in the 1994-98 Wastewater Capital Improvement Plan to construct a composting facility to f... "I sgandaNo Agendalt91r V NIB 4675 promote a beneficial reuse program for wastewater sludge. 3. That it will consider approval of a 1993-98 Capital Im- provement Plan and FY 1994 Annual operating Budget that will adequately fund the operation and capital expense necessary for permit compliance. X&TION II. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. 808 CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, - APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:~~' PAGE 2 ~gendafJo 3-~°~ 4geadaHem elate ~ Q .S EXCERPT FROM PUBLIC UTILITIES BOARD MINUTES July 12, 1993 The following item was considered: 8. CONSIDER APPROVAL OF THE MUNICIPAL WATER POLLUTION PROGRAM (MWPP) 1993 ENVIRONMENTAL AUDIT AND ASSOCIATED FUNDING RESOLUTION. Martin presented this item. After extensive discussion, Giese made a motion to approve Item #8 as presented. Second by Laney. All ayes, no nays, motion carried. CITY COUNCIL lift, HIM c c s c . a 4* O ~ ~OQOGC,~~O t ~s j v.) 140Ar+d1Ne.~.3 Apentialt Late -do 1_ CITY COUNCIL REPORT FORMAT /0 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: F.A.A. Grans Offer, Project 0 3-48-0067-07-93 RECOMMENDATION: It is the recommendation of the Airport Advisory Board and Airport Staff to accept this Grant Offer in the amount of $150,000.00, to assist in the purchase of Land Tracts 2 and 4. SUMMARY: There will be a 108 cost of the total Project to the City of Denton in the amount of $17,725.42. These expenditures have already been made by in-kind contributions. BACKGROUND: By purchasing these Tracts of Land, the City of Denton Municipal Airport will he in position to make application for the runway extension grant from the Federal Aviation Administration. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: This Agreement will be administered by the Denton Municipal Airport Staff and the City Attorney's Office. FISCAL IMPACT: This will place the Denton Municipal Airport in a more positive position to receive Federal Grants for the actual construction of the runway extension. pp fully s litteds Ll d V. Harrell Prepared b City Manager Joe Thompson Airport Manager Appr ed: Rick Sve la Deputy City Manager ATTACHFNT agenda 0 t4e~da I lem 1ett+ ? _ GRANT AGREEMENT a0 FOR DEVELOPMENT PROJECT PART 1-OFFER Date of Offer: JUL s 1993 Project No. 348.0067-07-93 Airport: Denton Municipal Contract No. DOT FA 93 SW-8136 TO: C1TY OF DENTON, TEXAS (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for Federal Assistance) dated June 30,1993, for a grant of Federal funds for a project for development of the Denton Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made a part hereof, and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following-described airport development: Acquire Land for North and South Runway Protection Zones • Parcels 2 and 4 as Shown on Property Map, Exhibit 'A". • I all as more particularly described in the property map and plans and specifications Incorporated in the said Application for Federal Assistance. FAA Form 51037 (1o,4s) pevelopneal of Note hoom age of 6 ages r a ATD4Qi< Vo "lam c~ agendatt~~m_tw NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Sxpaasion Act of 1987, and the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992, herein called the "Act,' and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (e) the Sponsor's adoption and ratification of the represeatatioas and assurances contained in acid Project Application and its acceptance of this Offer as hereinafter provided, end (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FORAND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $150,000. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall pres'be. Final determination of the United States share will be based upon the final audit of ri. the total amount of allowable project costs and settlement will be made for any upward or 1 downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in taccordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor, 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before August 16, 1993 or such subsequent date as may be prescribed in writing by the FAA. PM Form $100-31 pons] Development or NoLm hopam age of 6 ages a ~ . A7TAI~tt~NP "1 ICJ ~b ayendaNa Agenda11e,71 ~ - Date 7. The sponsor shall take ~ steps, fraudulently, wastefully, a11 or inviolation mof litiation if Federal antiwststs~tutes, oremIsused tnf uaay other " manner to any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds; however, used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, all domments and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, In court or otherwise, involving the recovery 01 of such Federal share shall be approved in advance by the Secretary. a Q 8. The United States sball not be responsible or liable for damage to property or injury to persons yi which may arise from, or be incident to, compliance with this grant agreement. at 9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or 1 subcontractor to acquire any steel or manufactured products produced outside the United States f to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 10. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", dated June 30, 1993, attached to the Application for Federal Assistance attached hereto. 11. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA advising of the budget change, Conversely, if there is an overrun in the eligible project costs, the FAA may increase the grant to cover the amount of merrun not to exceed the statutory fifteen (15%) percent limitation OR 25 PERCENT OF THE TOTAL INCREASE IN ALLOWABLE PROJECT COSTS ATTRIBUTABLE TO THE ACQUISITION OF LAND OR INTERESTS IN LAND, WHICHEVER IS GREATER., and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. FM Poem $10 37 (IM rkwbpmant a Note Feopam age of 6 ages ra~rt+as!axr "t" ~erCa~~o _ 7 - tcz 'nsor's acceptance of this Offer and ratificationand adoption of the'Yrojeeticatttsa" ated herein shall be evidenced by execution of this instrument by thn Snsor, as hereinafter , and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, ing the contractual obligations and rights of the United States and the Sponsor with respect complishment of the Project and compliance with the assurances and conditions as provided Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION r, U I/~ a 7- v Assistant Manager. A] _ rt Division i s i Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of -19-. OF DENTON, TEXAS (4cm Of SPOOMM) i By: P (SEAL) Tide: Attest: Title: PM Pam SIM37 (1W Dove4a mt a NoW Plot age of 6 ages t. AT AIMME @11@0 Agenda No. _ Ag:r.dalte 13 ITL CERTIFICATE OF SPONSORS ATTORNEY N'~te -,?-?n-4a73 'fooo a I, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor Is empowered to enter into the foregoing Grant Agreement under o the laws of the State of Tens. ]lather, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof Is in all t respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants Involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent fail performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 119. UJUNIC PM Pam $I" (IM Dankpout or WW Prwsm age of 6 ages - APPLICATION FOR A FNT 2 n 12 FEDERAL ASSISTANCE 1 06 E3 a TMlaMM.Mf0~t ~ r 11 cc) "110"w I O ~7 GMwwwi a Mrt f rh. W Yak+f ft" "vow ~ MraOs+ra~ioA . alr a ;awr now Mom tr1rl .'M4wi 1t+R CITY or mks D PA X~ OF ~ oft &VAP "Opt +urw w rwwr WAVAW 41 N t.~, r r w+ww w I.In...rv«w AMPM X 5000 Airport rd Joe 6rt Manager Denton, Texas 76207 (817) 383-7702 1r11Ml~Nw iN I. M@alaM►ilOMlr~YaM'M~al1e~YAaW 7 5 f.. 0 0 i~ 1 I IYY COMM N Il M M WO LWAV Q TAN" k "lav a m(tw Orwwr+ Q IYdrion t anralis .L 604" ! Ilr.nr a «r, al.r.rr rnroa bNOO O a kmw M" k c : PPopwrft, WA A o0arl l.ad a t MIM A*W C. On"m Du to a o.raw Anrn Owr lrwyt a wr a Iaata~caee~er. Feieral Aviation Administration Fort worth, Texas 76193-0610 a° MT+aune 2 0. 1 0 6 r` Me~+nv1 Tnu a ►.++,c.>rr ras:en torn Airport Improvement program Land Acquisition IL Md WNW h matt to go^m lrrra NC Denton, -Decatur, Gainesville, Fort Werth, Da11as,.140 nney. Counties: Denton, Tarrant Wise cbllirna and f Cooke ~wm 4~rr Orel wn! D.Ir a o 81ll S`elinra, a t?rrd ; 06/28/93 07130/93 Congressman Ralph Hall >4Kw►+fal~OnWW1ltNMNMhl4IIaMaRMIMmIfMeettef , a Ialr/ 1 159,528.79 Al a IT TI ROAM A m siOOM"N~1 ,KAW one 114 MaTar! 1171725.42 A! Oatt aw, 1 AI o ra p ollooolrl ~ e~or oorwlop t4 am ~w• / an . p em po wr1 k" kr11rr 1*JI mIf m.,TI lol ftyaw . ewr 1 AO 1 plfar+lw 1 M 1611utMKOwlsa/gYrrtMOMNtw1Nt~ .p Mir a /'Taa'HM M a~Irlram ❑ !a 1 TBTK ,77,254.21 m ti . It If M BW 0A" 810111M1lar MAP. AM ML lI lrll AX IM #A *%W%I1111kVW MY WM Mar pln~aw M rt1111riM1 MhM M atRM4R a1i/ M MKf WR rat ~Ore►M Me1M M aTt/0tl YMA1M10 of YMtaMp ~ N Wtt a M!! Irw! M A ,aw ► to a. T*0" paver Rick bvehla De t City Manager wow M a am l9w AnulM ~ Ow! tow fill Aulhorltld for Lout RlProduetion nTrnracoxr " 2" I'M, - i DENTON MUNICIPAL AIRPORT CITY OF DENTON i June 28, 1993 I I Mr. Mike Nicely, Airports Division Federal Aviation Administration Fort Worth, Texas 76193-0611 Dear Mike3 Per our conversation in a meeting on April 9, 1993, the following breakdown will give you the cost estimates to acquire the clear zone land for the Denton Municipal Airport from Cole Trust on the south end of the Airport, for a sum of 31 acres) and Wolski/Fryman on the north end of the Airport, for the sum of 16.174 acres (see attachments) CONCEPTUAL COST ESTIMATE 1. LAND ACQUISITION FOR CLEAR ZONE (SEE EXHIBIT 1. COLE TRUST ACQUISITION as 31 Acres - Cole Trust Damages $92,271.00 b. Appraisal Cost 1. Project Formulation Cost $ 333.00 2. Appraisal f 10000.00 3. Review Appraisal f 750.00 4. Title Policy $ 900.00 co Court Cost i 3,306.00 d, (100 hrs.) Right-of-Way/Survey Crew $ 1,997.00 e, 158.35 hrs.) Legal Hours/Overhead $ 2,011.41 f, Legal Copy Expenses $ 39.25 TOTALt 2102,607.66 TELEPNONEr 8171383.7735 - 8171383.7702 - DIFW METRO 434.2529 ROUTE 1, BOX 100 • DENTON, TEXAS 76205 e I ATTAL3P<F2ff " ~ ' c q+a No _ agendalt~ page 2 O~/ II. NOLSICI/PRymm ACQUISITION a. 16.174 Acres - Wolski/Fryman $630767.00 b. Appraisal Cost 1. Project Formulation Cost $ 333.00 2. Appraisal $ 1,000.00 3. Review Appraisal $ 750.00 4. Title Policy $ 400.00 c. Court Costs $ 4,546.00 d. (93 hrs.) Right-of-Way/Survey Crew $ 1,857.47 e. (54.95 hre.)Legal Hours/Overhead $ 1,957.83 f. Legal Copy Expenses $ 35.25 TOTAL* $74,646.55 TOTAL CONCEPTUAL ESTIMATE OF LAND ACQUISITION! $1770254.21 LESS 101t $ 17.725.42 GRAND TOTAL! $1590528.79 Sincerely, Joe Thompson, Ai oft Managerr City of Denton n fldLibit "1" PARCEL I. E%IS73% AIRP04T PROPERTY PARCEL 2. K T. COLE ESTATE - 31107 AC. PARCEL 3. JOHN V, PORTER AND VIrE NARCARET 0. PORTER - 4674 AC, PARCEL t. ED VOLSK3 AND VIRGINIA PRYMAN - 36J14 AC, O 3 2 - ON - 0 500 1000 t DENTON MUNICIPAL AIRP PRODUCED BY CITY OF DEN O ENGINEERING/TRANSPORTATION DESICN/RAY I(c a F:\WDOCS\AESUYIATION.AES ~bfldl~lD Agendalls We . Anr__~~; RESOLUTION NO. _ A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $150,000 FOR THE ACQUISITION OF PROPERTY NECESSARY FOR EXPANSION OF THE RUNWAY AT THE DENTON MUNI- CIPAL AIRPORTI AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has submitted to the Federal Avia- tion Administration an application for a grant of federal funds for a development project at the Denton Municipal Airporti and WHEREAS, the Federal Aviation Administration has approved a project for development of the Airport consisting of the acquisi- tion of property necessary for the expansion of the existing run- ways and WHEREAS, the Federal Aviation Administration has submitted to the City of Denton a Grant offer in the amount of One Hundred Fifty Thousand ($150,000) Dollars for the acquisition of land for runway protection zones, together with a Grant Agreements NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton hereby accepts the Grant Offer and agrees to comply with all of the assurances and condi- tions contained in the Grant Agreement, and the City Manager of the City of Denton or his designee is hereby authorized to execute such Agreement. SECTION 11, That this resolution shall become effective imme- diately upon its passage and approval. PASSED ANT) 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., `~~LI e L< r .CITY COUNCIL r a ~~OQGGO~ y j gif w AcendsIW ~ '*ater1uly-U,19P3/ CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PROPOSED ANNEXATION OF 23.25 ACRES LOCATED NORTH OC AND ABUTTING RYAN ROAD ON FORRESTRIDGE DRIVE. RECOMMENDATION: Staff recommends approval of the proposed annexation schedule setting the date, time and place for public hearings. UMMARY, The petition for annexation of 23.25 acres located north of and abutting Ryan Road on Forrestridge Drive has been initiated by the Lodge Construction Company (Owners) in order to facilitate the zoning of the tract to single family SF-16 classification. The location of the site is shown on map, attachment #1. The development of single family homes on the site is anticipated. The Annexation process requires two public hearings and the first and second reading of the Annexation Ordinance. (See schedule, attachment #2). The Second reading and adoption of the annexation ordinance requires a four. fifths vote (six members) of the City Council, scheduled for October 19, 1993. RACK_ G_ R_ pUNns The 23.25 acres located north of and abutting Ryan Road is cart of Sections IV, V and VI of the Forrestridge Addition. The zoning and annexation of this tract will run concurrently. I 1 r QendaNo _j " agendalle PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: e r 3 a" Staff will prepare a Service Plan scheduling basic city services to be provided to the site, The Service plan will be avail-ible for the first public heating, FISCAL IMPACT: N/A *Udd ully sub ted: Prepared by: Harrell lw ry Manager Harry N, Persaud, AICP Senior Planner Appr ved: F ank H. Ro ms, A[ P Executive Director Planning and Development Attachment #1. Location Map Attachment #2. Annexation Schedule Attachment #3. Annexation Petition nda No +ga A e~daliem id ATTACHMENT 1 Wk ) - - A•62 Forrest Ridge Annexation 3o'E~ NORTH ~ rb ♦ ou o• 0 Pin g i ~ ~ ,n x G p S oourla YT e I`1 YO eeITO t RRO•T RIO . f SITE ~ k ~ CSR waaa k~lrA r0. t ' w M04 Alk RI~N 0.Tl~[I Location Map Dale: 7112193 Scale: None x ATTACHMENT 2 e'mda NO ~QE~ddT~(gfq ANNEXATION SCKFntir o r ~F' _ L_"II/L T~ July 200 1993 City Council sets date, time and place public hearings, for July 23, 1993 Notice Published in Denton Record Chronicle for first public hearing. Service plan is prepared. August 3, 1993 City Council holds first public hearing. August 6, 1993 Notice published in Denton Record Chronicle for second public hearing. August 17, 1993 City Council holds second public hearing. August 25, 1993 Planning and Zoning Commission makes recommendation. September 7, 1993 City Council institutes annexation. First Reading of Annexation Ordinance. Requires affirmative vote of at least six council members. September 10, 1993 Publication of Annexation Ordinance in Denton Record Chronicle, October 19, 1:9; Final Action by City council. Second reading and adoption of the Annexation Ordinance. Requires affirmative vote of at least six council members, "ATTACHMENT 3 PETITION Apr, I3NG FOR ANNEXATION AJ :c'ca1101R TO THE PLANNING AND ZONING COKKISSION (Ue - _ r7l AND CITY COUNCIL OP TER CITY OF DINTON, TEXAS The unders fined coeds hereby petition for annexation of y _ acres located lor Denton, Texas, T e in the extraterritorial jurisdiction of ens City- the attached survey description and shown on the more Particularly The described in undersigned 8150 certifies that the following required information concerning the land and its inhabitants is reasonably accurate and assumes responsibility for completion of said information prior to scheduled action on the request by the City of Denton. 1. Is petition being initiated by owner(e) or majority of registered voters in area of request? Yes No It no, what is the status of the applicant? d w,yr 2. How many dwelling units are located within the area requested for annexation? 3. Now many businesses or nonresidential land uses are located within the area of the request? Please provide a general description of these land uses including the name(s) of businesses, it known 4. Does area of request include any territory within the city li territorial jurisdiction of another city? Yee mite or xtra- S. Estimated population of the area of request. 6H¢ Adults Children Number of registered voters? _ 6. At the time of this petition, have any other annexation procedures been initiated for all or any ~yert of the area requested in this petition? Yes No It yes, please explain the procedures begun and their statue. i I Does a water supply district lie within t boundaries of the area proposed for annexation? Yes No 8. Mist zoning, if any, other than agricultural (A), is being requested under separate petition? How much of territory proposed for annexation is inoludedd to zoning petition? I i Petition for MheKation Page Two `3Q9 d3Pd0 ~~~~l-~~ rU (j aQc~,da fterrL!w~_ 9. What is the purpose of annexation? 104 Planned land use (if coning to being requested): Category b Total Proposed unit Proposed Acreaxe Per Acre And/Or Sguar_~ta a. Single family detached SF_ NO `3.2Sr b. Single family attached (townhouses, 2'~ t cluster, etc.) c. Attached patio/garden/zero lot line d. Duplex e. Multi-family f. Office g. Neighborhood service h. General Retail I. Commercial J. light industrial k. Heavy Industrial - Proposed use(s) it specific use requested. Permit or planned development (PD) being 11. Have petitioner(s) familiarized themselves with the official annexation policy, land use policies, and the standard municipal service plan of the City of Denton? Yes Maws of Owner(s) Signature(s) -Telephone Address(es) Date MT y,~i14~i3tcJ 0 It petitioner to not the owner of the propertys status Petitioner Name(s) Signature(s) Telephone L_ 1 Address(es) Date - Pield Notes and Location Map for area proposed for annexation must be submitted along wtth completed petition before process begins. 0852 9, p C ITY COUNCIL z } a o:wpdoc,w•1•tr e4$ 0a 3 r Agenda It Oete RESOLUTION NO. A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF M.1NAG£RS OF THE DENCO AREA 9-1-1 DISTRICT) AND DECLARING AN EFFECTIVE DATE. WEREAS, the terra of office of olive Stephens, a member of the Board of Managers of the Denco 9-1-1 District having expiredi and WHEREAS, Article 143201 Section 5, V.A.C.S. provides that two voting members of the Board of Managers of an Emergency Communica- tion District shall be appointed jointly by all cities and towns lying wholly or partly with the district) and WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON* TEXAS, HERESY RESOLVES1 SECTION i. That the City of Denton, Texas hereby nominates Olive Stephens as a member to the Board of Managers of the Em4r- gency Communication District of Denton County. SECTION II. That this resolution 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 BY1 APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY I /~1 c 1 CITY COUNCIL r "Lill 0 to% s e ~~d000G0~~~ E N'1Y M~ ~neaNo•~ - 6 coo .._.~-e LAO ---3 1D . 1674l CITY of DENTON, TEXAS MUNICIPAL BUILDING I DENTON. TEXAS 76201 / TELEPHONE (817) 566'8909 Office 01 The City Secretary MEMORANDUM DATE: July 15, 1993 T0: Mayor and Members of the City Council FROM1 Jennifer Walters, City Secretary SUBJECT: Vacancies on City Boards/Commissions i The following vacancies still remain after the Council's appointment process of July 13, 1993: I i Animal Shelter Advisory Bow j This position is currently vacant and is Council Member Cott's nomination. I Plumbina and Mechanical Code Board This position is currently held by George Becker and is Council Member Perry's nomination. If you need any further information, please let me know. n fe Walters ity S rotary ACCO0133 CITY COUNCIL 1111. Ll Q06L ApMid~No. 2_ CITY of DENTON, TEXAS MUNICIPAL 8UILDING/ DENTON, TEXAS 70201 /TELEPHONE (8:7) ba8.8907 Office of the Clty Manager MEMORANDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: July 15, 1993 9UBJECTs City Contribution for the Visioning Project Per an earlier City Council resolution, $50,000 was tentatively allocated as the city contribution for the "A Vision for Denton - The 21st Century" ProjecL. The Public Utility Board has programmed $25,000 as its contribution in its 1993-94 city budget. This budgeted amount will fulfill 1/2 of the city's obligation and will be available after October 1, 1993, subject to Council appro-ial of the budget, It would be my intention, unless there is objection from the Council, to allocate the remaining ;25,000 from the 1992-93 contingency fund. Currently, this fund has a remaining balance of $56,568. This amount would be transferred from the contingency account to a special city fund established for the visioning project. All expenditures would be made by our Finance Department after receiving approvals as described in procedures which are attached for your information. I look orward to reviewing this with you on Tuesday evening. iGGG Ll yd V. Harrell City Manager LVH:bw AMM0030C Attachment Venda No 4gandalfe We ' a _s A VISION FOR DENTON - THE 21ST CENTURY Hudgot subcommittee meeting mir utai 7/9/9' 7WAM Derrell Eulli,Lloyd Harrall,0san Kahnsy 1) ever Aar®aments - All funds received Nill fin caminglid and sc==Qntw1 for' in total - Each functional area will be rraquirad to iobmit A detailed budget for approval - All expenditures will require a formal rav:mw and approval - Formal auditing wtll We rGquir°ed Qr Lh= entire momentary process - inkind ra Nall as mQrQknry gxpenditurea will La tracked - Enpendit rea caverad by inikiai budget process a,ra for, the developmen! of thn plan and not to fiend capital addition; such as statues - Reporting will bw prepared for thz Project Cabinet Members (sponsoring Agencies) and the F•'rojuct Manager 2) H e ,Prepatlan ~nd_Aocroval Process Each functional area will be given a general budget guideline Each area gill be required to summit a detailed line item budget Hudget Committee will review and ammend budget, and submit total budget to Project Cabirat for approval Any expenditure will require approval of Project Manager or Project Chairman and Eudgat CommUtne Member bafora Wing spent All awpenditures will be submitted on a request form dotailing cost, amount budgeted and justification for expense - Supporting documentation for enpendit_rre - zpproved request form and supporting receipts and invoices must be submitted agendaNO 'AgendAOM EI.111INA$Y PROJECT BUNET °9,00(i City of Denton $ United Way Chamber, of Commerce 2u,(00 015 D 1 CI Total Frn1~c±~ed E~tp~~nd S.ty~s a Nick-Off,Midter•m,Wrap 5eae it n5 12 0()() limp, ct GroupS(SOV;,50p) ^.H V15:Jn Rcc'n Fruject Cauinet 4,'--"-"! yGtt,committa~7: Vcic,intepra b 0 Outreach !'r! Publicity rota l Craneral ?o. Adnin Final F'rodu,c:ticn Cos to 19.(11:10 Lcnc7 rerm Maintenance Cori tingencyl I0 9,o(.110 Unallocated =u Total 890 000 Ji\WPDocs\REsO\S'TRHWAT.RES 1 Ion jgendal~a ( ~10`D Agenda!l m Vote _ . RESOLUTION NO.S 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. WHEREAS, at its 1992 Annual Planning Session, the City Council identified the need to undertake a community-wide visioning pro- ject; and WHEREAS, COUncilmembers Smith and Miller were assigned the task of planning such a project and returning to the Council with a recommendation as to how such an effort could be implemented; and WHEREAS, other Denton organizations also have identified the need to undertake a community-wide visioning project) and WHEREAS, a committee was assembled by Councilmambers Smith and Miller to design a community-wide visioning project and such a design has been prepared; and WHEREAS, this design has been reviewed with the City Council and other organizations and an overview of the such is attw:hed hereto as Exhibit Al NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I That the City of Denton agrees to become a sponsoring agency for the project. SECTION II That by becoming a sponsoring agency, the City of Denton agrees to the following corunitments: A. The City Council will appoint two of its members to serve on the Project Cabinet, to function during and after the project in accordance with the project design which has been shared with the City Council; B. The City Council authorizes the Mayor to serve as chairman of the project and the City Manager to serve as Project Manager) C. The City Council pledges to utilize its best ability to financially support this project at a level of $500000 over the two-year life of the project. $25,000 will be allocated from the City's General Fund and $25,000 from the City's Util- ity Fund; provided that this financial commitment is contin- gent upon additional financial support being generated from other sponsoring agencies and upon approval of the budget of the city) Venda No Aaenda~jg ca;P - oe~ D. The City Council instructs staff to investigate City space which may be made available for the "Visioning Room" and to return to the City Council with the various alternative spaces which might be available for this purpose; and E. The City Council agrees to join the other sponsoring organizations in providing support services necessary to im- plement this project such as secretarial, copying and planning services. SECTION IjI,, That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the jli~ day of 1993. BOXBERRY, MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: L 61 PAGE 2 4 { i,t! 1 •$qI~+ i~ I f ii j i op, ! ~ E 1 i I -tin 3 i< 6 LANDSCAPING REQUIREMENTS AND ~~IIV ~L11• _ ~ ~7 1 I11 n.T • ~ _ ~ ti. J 1 l v 1 4. 'STREETYARD - LOOP 288 AREA ` J 17,474 SF ! a~$ ! 1 27 Q4' ,1 20 E RrOUiLANDSCAPING 20% 3,495 SF ~ . r S [to b 1B LANDSCAPING` ; 7 540 SF 1/~ t N PROVIDED ' ~17 54'-0" r r A - 6 E0. SP. r• STREETYARD - COLORADO 2/`2 z AREA 7,076 SF r o ~ANDSCAPM 20% ,,4'S SF 3:C2 b REOJIRED p t NDSCApiNG i PROVIDED~~.1 3,357 SF TYP r` N 24, 45, -0" 0" ' 1 5 EO Sp, ' PARKWAY 5,763 Sr' 3/C2 ?2~ N oo, ?1~ 1 ~ f FT_ PROVISIONS FtOCR AREA - / 3896 G S.F. fir? 10 F.F.E, - 6363' _ / O.DG HEIGHT - 4 6o- yy g 1 E f I t i 1 , 32~ 8. f 88,8- a f 1+ ` ' ^ 1211 r I n 10 ] k f L?~ f 3 -lip E f 124'-4" 11 s0~ 1:~ E zs,_o~1 ~W Y / R54 I r. ~ I J; 8~ f f 3 a l 3 ° E`0 h ' 0 ~ M Q r V i CONSTRUCTION NOTES Halbach • Dietz UTILITY EASEMENT Architects 2 FIRE LANE EX STING ROAD S,GNS AND LIGHTS TO Architecture RENA.N Spsce Planr*v EX,STING ELECTRICAL TRANSFORMER TO interior Design # RE NAI N ~5 EX ST,NG GRATE INLET TO RENA N 4389 West Vickery Blvd 6 EXISTING ELECTRICAL BOX TO REMAIN Suite 2w--- `EXISTING SIGNAL CONTROLLER TO REMA,N Fort Worth, Texas 76107 S EXISTING TELEPHONE VAULT TO RENAN (917) 737725. _ (817) 737-6261 Fax 9 EXISTING CURB INLET TO REVA'N 10 REMOVE EXISTING CURB AND GUTTER (02110) L1 1 REMOVE EXIST NG PAVING (02110) 12 25'-d' SETBACK LINE i 13 DIMENSION DATUM LINE 14 CHORD Or PROPERTY LINE - SH0VhN 10 i-- ESTABLISH DIMENSION DATUV! L %E S 015 HANDICAP RAMP - RE E/C2 (01577) Ll HANDICAP PARKING SIGN - RE 7/C2 (02840) t j F7 EDGE Or EXISTING ASPHALT PAV N'G, { BEG %%'%G OF NEW CONCRETE PAVING OR CURB - RE DETAILS 1 AND 2/C2 (02510) " C18l N---A CONCRETE PAV NG - 5" Tr, CK WITH #Ji AT 18" O.C.E.W', CONS7RUC1i0N JOINTS TO DETAIL 101C2 (02510) 19 FAINTED STR•P,NG, T"PICAL (02577) k r;, 20 :IAtiTLNG AREA - R: IA`'DSCAPE PLANS ~21 CONCRETE WHEEL STOP (02510) a 22 CONCRETE A'ALK - 4" TH CK WITH 6X6 A1.4 X W1.4 MY F. BROOM FINISH (02510) m C2 J RASED CONCREIE ISLAND RE rLOOR x PLAN, SI-EFT Al 1241 STU.L :'PE POL.ARD - RE DETAIL 9/C2 0 (05500) _ 0 rr 125 CONCR:IE PAJ FOR FIEC?RICA_ 0 ' pf 'RANS'ORNER - RE UTILITY S'TF ORAWA NGS. P CONSTRUCT ACCCRD,NG TO PDW':7 COMPANY'S REOUIRENENTS 26 HAND Ce.P PARKING SIGN WITH "VAN O ACCESSIBLE" SIGN - RE DETAILS 7 AND O Z F s i is i i ~i t N~ 2q i 27 8 1 n f~ 10~ tit- Joll, 17 f I 4y1 11 S Y vt 1 t 1 V 11 1 - ! ! o' 0 27'_ 0• E2 W) I 1Z E2 0 75,-0. I L p BLDG. DAM. 9 17 (r, n M o L~ 26 C5,6'f 6• P. 10 / 61'-2 67'-4 1 4" o 19- 23- Rls. 2.7 11 1 g 10 P i A 4 10 28 `O 29 N O F2 0] _~l 25 10 Z~ hZ ' tr~ 4 31 \ C14 "'f~ 3680A A g R = 206.14 14 n al r9-3-0,0. 5 65 '8. f';r I AY LOOP 288 NI~,HW STATE C1 J~/"o Z SITE ACi ~P'~ aiz i n I Y I 0, C2 _ /C2 J. P~ f I' h or ~V I ~ I h i h ` 3% j I I I 11 I ' s p 1 f i 11 ~ U I I I ~I I _3J ~ ,ow 20 I o, 77 a L°6 t~ I 17 D -TAIL SITE PLAN i SCALE: IN EAGE - 0.8132 ACRES i I I fi .0 1{ NEW CURB WITH EX157'NG I llLi L" n N l G 6 f2B CT CAN D ME ER ON CONCRETE FILLED J P,,`ES - RE UTILITY SITE P A04 ~~~Jll L O O O °0LE QOuNTED LIGHT F XTURE - RE Z 68 UTILITY SITE PLAN Q _J W _ a W 301 WATER METERS - RE UTILITY SITE PLAN Q - - 31~~ MONUMENT SIGN - 12'-0" LONG X 16'-0" 0 m TALL,-. U 32 MONUMENT SIGN - 10'-0" LONG X 6'-0" Q TALL. SET PARALLEL TO CURB 1'l _ W Z W ~ Q co i SITE DEVELOPMENT DATA Revisions PERMITTED USE: FINANCIAL INSTITUTION 7 JUNE 1993 TRANSFORMER FL00? AREA: 3896 G.S.F. l!1 RELOCATED FLOOR AREA RATIO: 9.8% BUILDING HEIGHT: 22'-0" t I _ t { e Dat 44 MAY _ 3 ° i - - -1- - - PRELIMINARY fit. NOT 013E USED FOR CONSTRUCTION t No Habach o Dietz Architects ,BY: Dote: I COPYRIGHT @ 1993, HALBACH • DIETZ ARCHITECIS of 2 to c ~ p { i s pF,KR+~arf ~NI)1 tort ~ 5 5 _ 3t 9T& L I ve!, dc.K, X17 Oct. CL•L Y&u y- I T15,61 l-~rir~scg-p-Q0 mt 2cai,.. 8•10' E f ;t. 30 ot-~17o ~{f2~"S~ f y f~.• G v IL"b.6 ft"16 ,0 i oil 4L-•.- ~ZQ ~~55t0 P~EMII`14 MIX 1~1t,y, 0e - - _`T 41 1 r ~ ~ 1.7~•~ ~ ~n ^t ~ its, '~1-I ,v / 1 . 1 ~ • . I ~ r , E I • r ~l~ p b~ ~~~7 ! 1 Tom ~ ! l ~ TO 17 o • i F .-S a~~- LvS S IS Zoo, 51-kno row dF Ey-Mr ` 'N~~ 1c31;-~'sS~l•1h..Ji.,~r~~. ~:x,'~c, (o Lt,,ik qGK.- .t> r r 7'- Ili ~F, L-c%: INT r_ r~ Kill ! O f , l r f ~ i ~ A5 ,~1~lDr~ r ril~~~ ~5~' Sa►. , ~ , ~i nraIc YkO?o-l HOL-L I ' is l ~ Vim k ti i e .F .r O 1 ' f I a i F Halbach • Dietz Architects Architecture Space Planning Interior Design 4388 West Vickery Blvd Suite 200 Fort Worth, Texas 78107 (817) 737-0725 (817) 737-8281 Fax .i i 1 r)e ~IC) ~jG1~C.i-~iriC~ ~'J'~.IEfc~ PR~SEI~✓,s~tcx^~~ 31• t7 255E ~ "ev Ir-M uir 1 lm Alzcr fWior ,o - y, o O Y nk- n 7 Z"cam o,~• C~f=Fa F.- j M o CoLO~rt~o l' -~r~ j J Q 0 Ca~~. 7,076;' rv%creM 4H15~ Q aO C trL'O 14 f"4111rxio- Pvt., sP wn Z.2 ~ i S + vl'~ l0 . l5c~~ 1~r3 Ackrf'I' To h~l / r r i I Kw CAV. G '111Vote- 4- . I a ~ '1 J ~ ?5 I G n o- I 1 I f ' / ~ ~ ~ 1Cr ri;~i rum _ r , Ic• , 7 f 1 f 5T 41 ri PE i 4 Y. 1' 1, l f ~~1 S LOOP 288 ST AT E HIGHW AY LAN i i M W9lM4 h , 44 FED ~1~. ~ ~ t ~at _ rJ i ~ h .i J P { f i , ♦ 1 IDSCAPE PLAN 1" 2 T 1)" s. .9 cl: x: U O n j 1 ~F = z 00 Lu W LL /yam E!p tl"fi i Q } I-- re Q P 8.' r UJ A api' } t0 L-1 0 HANDOUT TO COUNCIL 7-20-93 A P A R T M E N T S Mr, Frank Robbins, AICP Executive Director of Planning 6 Development City of Denton, 215 E. McKinney Denton, Texas 76201 Ro: PD Minor lUmsndmsnt ordinance Dear Mr. Robbins, Regarding the above proposal, I think it would be an asset to the planned development proceding if any flexibility could be permitted. As you know, i have been involved in building several office buildings on Carroll Blvd, during the last two years. All were planned developments and at best this was a difficult procedure. As you know I had several P&z and council meetings changing square footage, parking lot additional landscape changes, etc. They were successful appeals but time consuming for everybody. I don't believe any were major. The development process has been legislated through the years to attempt to establish controls. Most are good but unfortunately all situations cannot be covered by legislation, Also, the old common sense needs sense elementoandaa breaths of a flsmall part. exibility can Hopefully f covered the by common amendment. by his It is my opinion that any flexibility that can be provided will do nothing but help a difficult rocedure, your staff, and in particular Karon, for all Again I tn you and years. Please present this information to the council in the past Sincerely, D (1 Irwin 701 South Carroll Blvd WINe AGENCY, INC. Benton, Texas 76201 a 566-0033 A Shiflett Finmicial COI. ~U E 8 T FOR H THE E T C LOS URA` Organization Requesting Street Closure r County Seat Saturday (Denton Central Business District Association) Contact Personr Doug Leach Cuaranty Federal Bank Z Addressr 300 N. Elm, Denton, Texas 76201 O Phone Number r_ 817-387-3505 C Street To Be Closedr_W,_Oak (100 block), N Elm (100 block), N Locust (100 bl, Date and Time To Be Closed r Oct, 2 1,093, 5 am - 9 pm 11. Hickory (100 b Intersecting Streets r_(1) W. Oak S N. Elm; (2) N Elm t, W. Hickory; (3) N. Q Oak N. Locust Z Reason For Closurer 8th Annual County Seat Saturday Festival for booths, r parades, refreshments, prizes, fun run V Please complete the lower iV portion of this form. ALL property owners and/or ~ tenants affected by the street closure MUST be contac W and must sign below with an indication of Doing in favor or in opposition to the street Closure. Name at Property owner/ Address W Authorised favor/ Tenant of Property i nature se z.Ps.ri. P4C~c ~fzs IGG D O. 3. 4. 6. 8. 10. AMMOOOFC Blanton Ray t REQUEST 13'OR B'.CREET CLOBURE Organization Requesting Street Closures County Seat Saturday (Denton Central Fusiness District Association) Contact Persons Doug Leach Guaranty Federal Bank Addreast 300 N. Elm, Denton, Texas 76201 Phone Numbers 811-387-3505 Street To Be Closeds_W. Oak (100 block N. Elm "00 block), N. Locust (100 block), Date and Time To Be Cioseds Oct. 2. 1993; S am - 9 pm W. Hickory (100 block) Intersecting Streets: (1) W. Oah E N. EL-n-, (2) N. Elm & W. Hickory; (3) N. Locust d W. Hickory; (4) W. Oak $ N. Locust _ Reason For Closures Sth Annual County Seat Saturday Festival for booths, _ parades, refreshments, prizes, fun xun. Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contact43 and must sign below with an indication of being in favor or in opposltLoo to the street closure. Name of Property Owner/ Addrese Authorised (JU"D Tenant of Property s nature se 1. 3.. 4. I S. 6. 7. 4._ 1Q. - AMM000lC r t t e Stephany Compton RE VE87.• FOIZ l3T1UffiFIIT CLC3fLxjRM Organization Requesting Street Closure: County Seat Saturday (Denton Central Business District Association) Contact Person: Doug Leach Guaranty Federal Bank Address: 300 N. Elm, Denton, Texas 76201 Phone Numbers 817-39'•3505 _ Street To Be Closed: W, Oak (100 block)-,- N. Elm (100 block), N. Locust (100 block), Date and Time To Be Closed: Oct. 2.1993; 5 am - 9 nm 14. Hickory (100 block) Intersecting Streets:_(1) W. Oak 6 N. Eb1n;2) N. Elm 6 W. Hickory; (3) N. r QLj {'1. Hickory: (4) W. Oak 6 N. Locust Reason For Closure: 8th Annual County Seat Saturday Festival for booths, -parades, refreshments, prizes, ftut run. ?lease complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacts and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property Owner/ Address Authorised Favor/ span: rl\ of Pto r S Unature 3. 1. S._ _ 6. _ 7. 8. 10. AXM000FC