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Home My WebLink About03-05-1996 i 9 F CITY COUNCIL AGENDA PACKET March 5, 1996 0 ti Apndo No. ql9 ' V l o AGENDA ApMa Ile, CITY OF DENTON CITY COUNCIL Dads^^r- -=--1.... March 5, 1996 Closed Meeting of the City of Denton City Council on Tuesday, March 5, 1996 at 5:45 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. ' 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate - Under TEX. GOVT CODE Sec. 551.072 1. Discuss the acquisition of property for expansion of th.! City's landfill. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Tuesday, March 5, 1996 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: 1. Pledge of Allegiance 2. Consider approval of the minutes of October 10, 17, and 24, 1995. 3. Citizen Reports A. Receive a citizen report from Willie Hudspeth regarding meeting times for City Boards and Commissions. B. Receive a citizen report from Michael Birlin regarding shifting political power to Denton. C. Receive a citizen report from Dorris Ebrahimi regarding opening a driveway at 406 N. Bell. 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance amending Sections 35-76 and 35-77 of the Code of Ordinances to allow temporary uses on a permit basis. (The Planning and zoning commission recommends approval, 5-0.) 1 1V t City of Denton City Council Agenda rq,°?s 1J° March 5, 1996 P,mVf3Vin_ Page 2 B. Hold a public hearing and consider adoption of an ordinance rezoning 5.4912 acres from the Single Family 7 (SF-7) and Multi-Family 1 (MF-1) zoning districts and use classifications to the Light industrial Conditioned (LI(c)) zoning district and use classification. The subject property is located on the south side of McKinney Street, approximately 10000 feet west of Woodrow Lane. (The Planning and Zoning Commission recommends approval, 5-0.) 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to 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 purchase 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, 6.81 6.C1 6.D, 7.A, 7.B). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdrr..i 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 Orders: 1. Bid 11863 - Hydraulic Excavator 2. Bid 11865 - Refuse containers 3. Bid 11874 - Fire Fighting Equipment 4. Bid 11849 - Scripture Street 20" and 8" water lines 5. Bid 11857 - Underground Electrical Construction 6. Bid 11859 - Denton Municipal Airport Runway 35 Approach Clearing 7. Change Order - RFSP 11738 - MIS System to IBM 8. Check Request - F & A Officer, USAED, Ft. Worth B. Interlocal Agreements 1. City of Hickory Creek - Ambulance services 2. Town of Shady Shores - Ambulance Services 6. Consent Agenda 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 11863, 5.A.2. - Bid 11865, 5.A.3. - Bid 11874) City of Denton City Council Agenda March 5, 1996 Page 3 Orta _ . ~ S B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.4. - Bid 01849, 5.A.5. - Bid 01857, 5.A.6. - Bid 11859) i C. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and IBM Corporation; and providing for an increase in the contract price. (5.A.7. - RFSP #1738) ! D. Consider adoption of an ordinance authorizing the expenditure of funds for the annual payment by the City of Denton for water supply at Ray Roberts to F & A Officer, USAED, Ft. Worth Department of the Army Corps of Engineers. (5,1;,8,) 7. Consent Agenda Resolutions A. Consider approval of a resolution approving an interlocal agreement between the City of Denton and the City of Hickory Creek for ambulance services. B. Consider approval of a resolution approving an interlocal agreement between the City of Denton and the Town of Shady Shores. 8. Ordinances A. Consider adoption of an ordinance granting, pursuant to Section 20-1 (c) (2) of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system. (Denton Festival Foundation) B. Consider adoption of an ordinance establishing fees to be charged by the Denton Municipal Laboratory for coliform bacteriological analyses. C. Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 4, 1996, for, runoff if a election the purpose ofelecting JCouncil eMembers uto Places 65 and 6 and election a Mayor to Place 7 of the City Council of the City of Denton, Texas; designating voting places; naptpoicinting election of the a ection; and ordering that the punchncard electronic voting system be used. D. Consider adoption of an ordinance authorizing the City Manager to execute a contract between the City and Christine Ussery for the purchase of real property for landfill purposes; and authorizing the expenditure of funds. City of Denton City Council Agenda ^penaa no.~~ ~ March 5, 1996 Page 4 E. Consider adoption of an ordinance amending ordinance No. 94-183 relating to the Rules of Procedure of the City Council of the City of Denton, Texas, by providing that the Pledge of Allegiance will include both a recital of the Pledge to the United States Flag and to the Irexas Flag. 9. Resolutions A. Consider approval of a resolution relating to the issuance of obligations by North Texas Higher Education Authority, Inc.; approving the issuance of such obligations and the use of the proceeds of such obligations; and making certain findings in connection therewith. B. Consider approval of a resolution adopting a personnel policy relating to Family and Medical Leave. C. Consider approval of a resolution adopting Policy No. 408-05 Debt Service Management". 10. Consider a nomination to the Traffic Safety Commission and the Development Policy committee. 11. Vision Update 12. Miscellaneous matters from the City Manager. 13. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel 0. Board Appointments 14. New Business This item provides a section for Council Members to suggest items for future agendas. 15. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 t i City of Denton City Council Agenda Agenda No. March 5, 1996 Agenda ftem Page 5 Data 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 (p.m.) 1496 at _o'clock (a.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO02EF r CITY OF DENTON CITY COUNCIL MINUT Agenda NO, 10 October 10, 1995 Agenda Item - Data The Council convened into a Closed Meeting on Tues , 1995 at 5:15 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Council Members Brock, Cott, and Miller. ABSENT: Mayor Pro Tem Biles; Council Members Krueger and Young 1. The Council discussed the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed settlement and defense of contemplated litigation concerning the denial to rezone 3.753 acres from SF-7 to 0 zoning on the south side of 135-E and Lindsey Street. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVOT CODE Sec. 551.074 1. Discussed, considered, deliberated, and took action on the recruitment, employment, and appointment of an interim or temporary municipal judge, an associate judge and a new municipal judge. Mayor Pro Tem Biles and Council Members Krueger and Young arrived during the Closed Meeting. The Council convened into a Work Session on Tuesday, October lo, 1995 at 6:00 p.m. in the city council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None j 1. The Council received a report from the Sesquicentennial Committee. Margaret Smith, Chair-Sesquicentennial Committee, stated the:t last spring and summer the Council appointed a committee totaling 41 individuals to work on the project and help manage the City's celebration for the County's Sesquicentennial and Court House's Centennial. A parade and picnic were planned for the event to be held April 15, 1996. Invitations would be sent to high school bands and universities and anyone in the County who wanted to participate in the parade. Carol Ann Ganzer was managing the parade. The Governor, Senators and Representatives from the area would be invited to participate. The picnic at the civic Center Park would be a bring-your-own lunch or visit food booths available from 501(c)3 groups only. Entertainment would be planned for the entire afternoon. The Committee was requesting funding for the event. As there were many mailings ini,olved along with a brochure for mailing and the Committee would like to have souvenirs to f 1 City Denton City Council Minutes October er 20, 1995 Agenda Page 2 Agenda Item Oita commemorate the event, the Committee was requesting council consider allocating $10,000 for this event. The Committee might not need that much money but would like to be able to budget for that amount. Council Member Young asked if the Committee considered a social for the evening in the Civic Center Park. Smith stated that they had a discussion regarding a childrenos event to get children and families involved before the event. Council Member Young stated that socials were a part of the history of the country. Smith stated that the Committee would consider the request. The Committee also needed money for a series of short commercials advertising the event. The events of the day would be filmed for the Historical Museum and for the Library. Krueger motioned, Young seconded to direct to staff to take the funds from the City Manager's contingency fund for this event. Council Member Cott felt that private investment should contribute to the event. Council Member Young suggested a time capsule for the event. Smith felt that was an excellent idea and that the Committee would consider that suggestion. Council Member Brock felt that some private money would be havingrtheeCo rtho see f atured onta/morning.tel vi sion oprogram. Smith felt that there would be In-kind service sector and possibly some monetary ont ibutions9 from the private Br rkll"a vote, Miller "aye"", Young 'laye", Cott "aye's, Krueger. 'Faye", carried unanimously, aye and Mayor Castleberry Playe~~, Motion received 2. The Council staff dir ction regardingthe request from Teri iWoodsic nceninava private access easement, g Rick Svehla, Deputy City Manager, stated that at a Ms. Woods had addressed Council regardin prior meeting easement. Staff had researched the number of private access easements in the City. For a these types of development was to go away from rear nes, focus on uentryoalleysrand t ego in this direction if rear access was desired. In several cases, access was not already there, even in the alleys, and the City chose not to open those but to have them remain closed. Ms. Woods asked the city to accept the responsibility of the easement. The easement was in good shape as it was concrete City of Denton City Council Minutes October 10, 1995 Apcnda fJo. ~e Page 3 A^°n?3 11t and continued to be in fairly good shape. At some point in time the City would have to replace the paving which would cost approximately $18-20,000. This was built as driveway access to certain residences. Other residents had similar costs. There were other privately platted and privately formed access arrangements in the City with approximately s-lo subdivisions in the City with such arrangements. Additional requests might be received from homeowners if Council assumed responsibility for this easement. Staff felt that since the original thought was for private access and there was to have been a homeowners' association formed, staff could help the residents but the City should not assume the responsibility of the easement. Council Member Miller asked if alleyways were easements owned by the City. Svehla replied that an alleyway was a dedicated access rear entry which was maintained by the city. Council Member Cott felt that providing services which were private responsibilities kept taxes up. Teri Woods stated that the homeowner's property line ended at their garage with a 16' easement in the deed. Research for the Cooper Glen project found that 4' of the property encroached on that 161. The easement was built as a homeowner's association to assume the responsibility for the easement which never developed. This was an impossible situation for the present homeowners. Property taxes were paid by the homeowners which would offset the cost of the easement in the future. She asked the City to accept this as a unique situation. Mayor Pro Tem Biles asked who owned the land under the alley. When the developer platted and created the lots, he either did not convey that property to anyone or conveyed it to each of the homeowners. Woods replied that the developer dedicated to the homeowners this easement with the idea that there would be a homeowner's association but nothing was ever established. Council Member Young felt that the City should honor this request for fire, police and emergency services, He felt that the City should take the responsibility and honor Ms. Woods' request and all others which wanted to be dedicated to the city. Young motioned to honor Ms. Woods' request and all others with alleys which wanted to have City responsibility, Woods stated that the City would not be setting a precedent as this was the only type of property like this in the city without a homeowners' association. Motion died for lack of a second. City of Denton City Council Minutes ApenLfte Octob-_:• 10, 1995 Page 4 DAge ale Council Member Krueger felt that Ms. Woods' request was one of a kind and that there was not another subdivision in the City like this condition. Krueger motioned, Young seconded to have the City take over this easement. Council Member Cott felt that even if this was the only easement of this type in the City, it was not the kind of activity a city government should get involved with. council member Miller stated that when this was approved by the Planning and Zoning Commission and council the intent was for a homeowners' association to take the responsibility of the easement which did not develop. He felt that the residents would find a way to maintain the area. Mayor Pro Tem Biles asked for more information regarding the situation and other similar situations. Mayor Castleberry felt that this was not a unique situation and that there were probably other similar types in the City. Council Member Krueger stated that this was a neighborhood which worked with a developer rather than against a developer. Upon working with the developer, this situation was discovered. He felt that this was what a city should do and should grant the request. Council Member Young stated that this was a responsibility of the City. All other City alleyways were regulated by the City. The city needed to accept this responsibility and should honor the request. On roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye", Brock "nay", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 2-5 vote. Mayor Pro Tem Biles motion to direct staff to bring back further information on this and similar areas to determine what the City might be able to do for the residents. Mayor Castleberry stated that a motion was not needed for such a request. 3. The Council viewed a Denton 195 public information video. Mayor Castleberry presented a proclamation for Quality Month. Council viewed the Quality Denton 195 public information video. Council Member Krueger left the meeting. 4. The Council received a report, held a discussion and gave staff direction regarding an assessment of the After School Action site program. City of Denton City Council Minutes =110~~ October 10, 1995 P age 5 City Manager Harrell stated that this item was raised during the budget discussions and Council decided to consider this item after the conclusion of the budget. Council had asked for a comprehensive review of the current After School Action site program and an evaluation of the continued usefulness of the City effort. Council Member Krueger returned to meeting. Ed Hodney, Director of Parks and Recreation, stated that staff was asking for more direction regarding the issue. He provided a brief summary of the project including its objectives. The program started in 1981 at one site and expanded, not at the initiative of the City, but at the request of various parents and the Denton School District. At that time there was a void not being filled. The question probably was that the void existed in 1981 but did it still exist today. The program was licensed by the State of Texas to operate at 10 sites with up to 450 children. That would be 450 children in grades K-6 in a School District which had 60000 students in those grades. That was less than 7% of the total market. Staff was asking council to consider the question of the City's appropriateness of this role and believed that it was a Council policy decision to make regarding the issue. Mayor Pro Tem Biles stated that at the present time the school District allowed the use of the buildings at no charge and the fee generated as paid by the participants covered the operating costs, staff, supplies, etc. Hodney replied correct. Mayor Pro Tem Biles asked if the DISD would be willing to enter into the same arrangement with private sector providers with the same terms. Janet Simpson, Superintendent of Leisure Services, stated that the City had not asked the DISD that question as it was felt that it might be premature considering the direction to be given from Council. Mayor Pro Tem Biles stated that if the program was discontinued, the City would lose $12,290 which was the return the Parks Department made to the General Fund. Simpson replied correct. Mayor Pro Tem Biles stated if the premise were proposed that the same service could be provided at the same or lower cost by the private sector coupled with the concern for the need to form another City committee, etc., would it not be wise to place the ball in the court of the private sector and let them do the legwork with the DISD. Hodney replied that could be an option to consider. One concern in that type of process was to pay attention to the customers _r) City of Denton City Council Minutes a7en~aI'W October 10, 1995 a;:r 7I!r 30 Page 6 currently enrolled in the program. Mayor Pro Tem Biles stated that if the private sector pr?viders did the initial work with the DISD and DISD opened the process for bid, that would be the point in time for staff to move forward with the issue. City staff would not do anything until then. Hodney felt that the door was always open for any private provider to discuss this option with the DISD. When the point was reached in the process when possible options were considered, then he would want to make sure the customers were made aware of that process. Mayor Pro Tem Biles felt that the entity *which had the greatest involvement in this issue was the DISD as it was providing the assets. Before the City became involved in this issue it should know how the DISD felt about the process. The private sector should take the initial step on the issue. The DISD might want to go to competitive bid and before a final decision was made, the parents would be asked what they wanted to do. Council Member Cott felt that the issue hr.d almost relatively little to do with the students and parents who used it. The situation dealt with whether or not the taxpayers wanted to continue to pay for this service. Whether in the schcu s or not, the private provider had to have an option to bid on !;.s. This was never intended to be a day care. Council Member Young stated that discontinuing the program would have no impact on the General Fund. Hodney stated that there would be a small impact if the program was discontinued as the General Fund received $12,000 from the program. Simpson replied that the Recreation Fund budget was developed to cover the cost of programs. The City was impacted with finance, accounting and other fees so that 5% was returned to the General Fund which was approximately $12,000. Council Member Young stated that this program had been going on for thirteen years, was a great success and was not something brand new in the community. Many children in his district benefited from the program. Even if the program was not intended to be a day care it was a win-win situation and he could not see destroying this program. He was in support of the program as it had been for the last 13 years. This was a service the City helped provide to its citizens :nd did not cost the City any money. Young motioned, Miller seconded to continue the current program. Council Member Brock stated that this program was not subsidized by the taxpayers. The program was not to make money but to provide a service which was needed by the community. The program involved children and parents and she would not want to go any further until people who might be affected by a change had input into the process. She was concerned with the implication that this would be City of Denton City Council Minutes d Agenda po October lo, 1995 Page 7 t :?n taken ovar privately as one reason the program was started was that there were children who were not being adequately cared for after school as parents could not afford private day care. Many parents wanted to have a say on this matter. This was a pro-family program and a benefit to many families. Council Member Krueger stated that he was a user of the service and had used the service due to the fact that it was convenient and cheaper than private day care. It was a good program but the fact was that it was provided cheaper than private day care. It was cheaper as it was rent free, utility free and minimum wage was paid to college students to babysit children in a DISD facility. There were good enrichment programs for the students in the program but there was not a day care private provider who could not reproduce the program for the exact fee or less given the same circumstances. This was the philosophical approach which the Council needed to debate. Did the City want to be in direct competition with private enterprise. He had asked for this report as it was his feeling that the City should not be in direct competition with private enterprise. He felt some sort of agreement could be reached with day care providers to provide the same service and pay taxes to do that. The City was cutting into private day care profits and their ability to pay taxes. He was not in favor of the program as it was in direct competition with private enterprise. Council Member Miller felt that the philosophical question could go to two extremes. There was a role for government to be involved and concerned with the lives of children, over a period of time the City developed a partnership with the school system. Over the 13 years this was a program with excellent marks with the parents wash donelatethenlo ation where he child went o to supportive. The program then spend time with sore of the teachers after school. A survey was done several y=_ars ago in which parents requested more enrichment programs. The City had a number of programs in the Parks and Recreation Department which philosophically could be in competition with the private sector such as soccer, arts and crafts, baseball anal basketball programs. The programs were offered on a city-wide basis to be able to help the citizens provide development for their children. This program was not being done with taxpayer dollars but rather with funds provided by parents. He did not feel this was in direct competition with the day care providers and that the City belonged in this type of program. Council Mcmber Young felt that perhaps the DISD was also competing with private industry. Anyone against this program was against motherhood. Mayor Pro Tem Biles felt that the program was not being paid for by taxpayers' dollars and was contributing $12,000 to the General Fund. If someone wanted to find out about the private sector providinq -the service, let them do legwork. Do not form another committee if there are others who wanted to pursue this activity. City of Denton City Council Minutes 40ende 140 October io, 1995 ^b Page 8 ~Oen~3 j, Oagy~°Cj. Council Member Brock stated that the motion was to I~. program. The program Could continue and still gatherinformati on c concerning the private sector. If that information was gathered, she wanted it gathered by the people most involved which was parents and children. Council Member Krueger stated that the sports programs were done by private organizations in relationship with the City. The programs were handled by parent groups and parent organizations. The City's relationship with the DISH was not about day care centers. It was about building playgrounds and easing building restrictions on new schools and easing landscaping ordinances for new schools. Any private day care provider could do the same service as the City was doing. This was about allowing any private organization to do the same program. Castlebe that withra proposal before the City the devoted private any sector should ore staff tima e forth issue. The private sector might not be able to handle a olarge the influx of children. The private sector needed to indicate how they would handle these children and how they would handle scholarship children. Mayor Castleberry indicated that the motion was to continue tha After SchoolAction }Site program ~for~ another year. on roll vote, Miller "aye", "aye", Cott l;ay , Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleber_y "aye". Motion carried with a 5- 2 vote. Mayor Pro Tem Biles motioned to direct staff to seek the input from the private sector on this issue. Council Member Brock suggested to include a public hearing so that parents involved in the program and any other interested citizens could address the issue. Mayor Pro Tem Biles stated that before any change would be made, it would have to be adopted by council with a public hearing. He was asking staff to have private day care providers connect with the DISD if interested. He indicated that he would include Council Member Brockfs suggestion in his motion. Council Member Young seconded the motion. Council Member Cott suggested adding that private providers be involved in the process and have the process completed by a certain date. Mayor Pro Tem Piles indicated a date of April 1, 1996. Mayor Castleberry stated that the motion was to ask the private sector to come forth with a proposal and to hold a public hearing to be completed around April 1, 1996. 2 City of Denton City Council Minutes October 10, 1995 Agenda Ho. Page 9 Agenda 1110 Oete On roll vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye,,, Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 5. The council received information and gave staff direction regarding extraterritorial jurisdiction annexations. Rick Svehla, Deputy City Manager, stated that this item was an attempt to complete discussions held at the council briefing session in July. Staff wanted to confirm that Council did not want to move forward with annexations to the north. Also, the City recently received many requests for variances in the Cityts ETJ. Staff would continue with performance regulations if Council did not want to annex any further. Council Member Cott stated that two years ago the concept was started to annex to the north and eventually to encompass Lake Ray Roberts. He felt that was a good plan. Council Member Young stated that since the Council's planning session, the residents in the area indicated that they did not want to be annexed. Mayor Castleberry felt it was very important to have all of Lake Ray Roberts in the City's ETJ. In order to do that, the City had to annex property north. It was important for control over development in the area. Lake Ray Roberts was a vital part of the City of Denton with Denton having a large investment in it. He was not interested in looking at the annexations unless the council was willing to proceed. Mayor Pro Tem Biles stated that he was also concerned about controlling the City's future. He felt this might be an issue to take up at a later date. Council Member Miller stated that the City's ETJ already had a large portion of the lower portion of the Lake. There was a need to take into account that the City would have to provide services in the annexed areas. He could not give a blanket approval to such a proposal. Council Member Cott suggested developing a plan and determine a cost for that plan. Council Member Brock expressed concerned about possible obligations the City might have for emergency services in the area of the Lake. In the future the City might have similar problems such as were at Lake Lewisville. Before any further annexations were done in that area, the City needed to be clear about requirements in the ETJ. Council Member Young felt that to annex that area now would be taxation without representation. City services were spread too thin at this time. City of Denton City Council Minutes Agenda f;o. "U October i0, 1995 Page 10 AO!Q3;te Dal, ^ Council Member Krueger felt that area cities did not want Denton in the Lake area. There were committees which would protect the Lake. Mayor Castleberry stated that he was interested in only annexing enough property to have the Lake in Denton's ETJ. Following the completion of the Work Session, the council convened into a Special Called Meeting in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council discussed, considered, deliberated, and took action on the recruitment, employment, and appointment of an interim or temporary municipal judge, an associate judge and a new municipal judge. Herb Prouty, City Attorney stated that the law which authorized the Denton Municipal Court indicated hcw vacancies were to be filled. The Open Meetings Act allowed the Council to convene into a Closed Meeting to discuss specific candidates for Municipal Judge or Temporary Assistant Municipal Judge and those individual's qualifications. But the Council could not discuss procedures or I reports with regard to how the Municipal Court operated. The Council convened into a closed Meeting. 2. Following the completion of the Closed Meeting, the Council convened into open session and took the following action: Biles motioned, Young seconded to nominate Robin Ramsay as Acting Municipal Judge. toHeact In the interim perform the duties of would serve in that a capacity according to the statutory requirement that Council fill the vacancy created by the resignation of Judge White. On roll vote, Miller "aye", Young "aye's, Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council returned to Special Session Item 01. 1. The Council discussed, considered, deliberated, and took action on the recruitment, employment, and appointment of an interim or temporary municipal judge, an associate judge and a new municipal judge. City Attorney Prouty suggested drafting a new contract for the interim period for Acting Judge Ramsay. Tom Klinck, Director of Human Resources, provided the Council with a job opportunity announcement for Council's review. In order to advertise in several publications for November and December, an October 15th deadline had to be met. The job would be closed on December 29th and the Human Resources e.taff would do the same City of Denton city council minutes Apan:, ^ October 30, 1995 - Oiv__._ Page 11 AGOnOa lien Dab screening process as it had done with other similar vacancies. The job announcement provided for a hiring range between $46-57,000. His staff would coordinate with the City Attorney's office for job duties and minimum qualifications. Council Member Miller asked if a lower range could be used for the posting notJ'ce such as setting the maximum salary at $55,000 at this point in time. Mayor Castleberry asked for the salary range of the job. Klinck stated that the range was $46,384-57,990 which was the typical range but could be lower if Council felt it was appropriate. Council Member Miller felt that perhaps the upper limit should be lowered at this time as the City would be well within the market of other area cities if the amount were lowered. Council Member Young disagreed as the City needed to start with market value. C ott motioned, Biles seconded to have $46,384 be the low point of the On roll votea ge an '$57,990 would be the high point of the salary. Brack "na " „ y~', Young nay , Cott "aye", Krueger "nay", nay , Biles aye , and Mayor Castleberry "aye". Motion failed with a 3-4 vote. Brock motioned, Krueger seconded to have the top salary range be $55,000 and the low salary range be $46,384. On roll vote, Miller „a ,l Young y", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. Biles motioned, Krueger seconded to proced with the ication notice as presented. On roll vote, Millere"aye" Yung p"nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. with no further business, the meeting was adjourned at 9:25 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC002C3 V CITY OF DENTON CITY COUNCIL MINUTES Agenda ?.-a_ October 17, 1995 ApertCa Ifen-~ The Council convened into a Closed Meeting on Tues 1995 at 5:45 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The council considered the following in closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed settlement and defense of contemplated litigation concerning the denial to rezone 3.853 acres from SF-7 to Office zoning on the south side of I35-E and Lindsey Street. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discussed the appointment and employment of a part- time Assistant Municipal Judge to fill in during vacancies of the Acting Municipal Judge.(open meeting discussion and took action) The Council convened into a Regular Meeting on Tuesday, October 17, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Brock, Cott, and Miller. ABSENT: Mayor Pro Tem Biles; Council Members Krueger and Young 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented the following proclamation: Pharmacy Week Mayor Pro Tem Biles and Council Members Krueger and Young joined the meeting. Mayor Castleberry presented the following proclamations: Domestic Violence Awareness Month Keep Denton Beautiful Adopt-A-Spot Month 2. The Council considered approval of the minutes of July 21-22, 1995 and July 25, 1995. J City of Denton City Council Minutes October 17, 1995 Page 2 ajcn!3 tto. I]Yll w Cott motioned, Brock seconded to approve the minutes as presented. On roll ~a vote, Brock ; Biller ~~"ayenf' Young "aye", Cott "aye", Krueger "aye" carried unanimously, "aye' and Mayor Castleberry flaye'O. Motion 3. Citizen Reports A. The Council received a citizen report from Carl Williams regarding a Racial Diversity Task Force and a Citizens Police Review Board. Mr. Williams stated that the Denton Record Chronicle chose to negatively report about African-American men a3 a group regarding an incident which occurred at 12:30 a.m. on Sunday. Monday's paper, with an article about a person who was really shot, was on the front page. He felt there was a need for a Racial Diversity Advisory Committee and the Denton County branch of the National Association for the Advancement of Colored People was requesting that the Council reconsider such a committee. A comparison of the salary for the Director of Fiscal Operations with his peers indicated that his salary was not on par, the City Manager, to commit an The City Council allowed criteria was used which was np avert racist act in which one set of set of criteria was used for another one group and then another ood business and progress come to cities with racial harmogroup. ny. GA Racial Di Committee could deal with Klan rallies, a c. or the Cit versity y. The citizens of Denton were tired of the Coucil settling civil rights lawsuits in secret. B. The Council received a citizen report from Herman Wesley regarding a Racial Diversity Task Force. Mr. Wesley asked the Council to reconsider the implementation of a Racial Diversity Task Force. A DISD Task Force found areas to correct with positive results. He was asking to be able to discuss the policies and practices of the City to make sure that they were fair. The Task Force would look at the issues to see if there was room for improvement. He did not want to wait until something dramatic happened in order to review the issues and wanted an opportunity to explore the issues together. It took honesty and courage to look at this issue. Joe Dodd stated that the ugliest vestige of racism was how many people thought was in places which it was not. been enough talk and he felt that there had been Sometimeere had enough sinhDenton. If this Task Force was put together it indicated that there was a problem and that the Task Force would be looking for problems. He did not like cultural diversity being handled oy the government. If things were going wrong in the Police Department, and he did not feel so, there needed to be specific charges against the Department. Racism was not here institutionally. If the Task Force was established, the Committee would be adding to the r City of Denton October 17, City Council Minutes 1995 Page 3 c~ Agenda No. / problems. C~ ~S--9-c-.. Council Member Cott stated that the City had much in place to deal with this issue. The Cityis policies and ` promotions, pay and other aspects of the em practices on hiring, f were in full compliance with all applicable oFedeYalrelationship local laws and regulations. Some Of the State and applicants and employees included race, coloreC creed, national roted origin, gender, age over 40 Yearsf status. There were regular reports ionbalfull range of protected classes, in addition, the City protected and activities to ensure the lioes and practices additiwere carrying out the spirit of the laws and regulations. Examples programs included diversity training for all employees; targeted recruitment efforts at predominately protected-class schools; a diversity community luncheon vJob P earttn colleges and programs; and affirmative action mailin b pership training organizations. He felt that the quality of life sin Denton was due to the City staff, fire and police force and he was proud of the work which they did. Council Member Young stated that the Fire Department had no Afro- Americans; there were two Afro-Americans in the Electric Department; there was one Afro-American in the Police Department; there were two Afro-Americans in the Parks Department who were at the Martin Luther King, Jr. Center. When the City was hiring firemen, there were some Afro-Americans with degrees who had applied but then the system was changed. Once it was seen that there were Afro-Americans high on the eligibility list, the system was changed to keep them off. That closed the door on Afro- Americans for that department. That was one act of racism. The legislative body changed the rules when Afro-Americans made high enough scores which was an act of racism. All through the City Afro-Americans were the lowest paid employees. They were skipped over for promotions and were discriminated against. This proposed committee would be made up PPed look at this issue in an educatedrmannerito determine the ocity's weaknesses and strengths. There were racial problems in Denton and the Council chose to ignore those problems. There was a need put this committee together and satisfy the needs of the community. Council Member Brock stated that the Council voted to postpone the consideration of the committee but that did not mean that it was a dead issue. Some of the things which Council Member Young had been saying pointed out the value of committee, not to just consider hiringandg an objective study a promotion City but perhaps to deal with community-wide policies of Council Member Krueger left the meeting, racial issues. Council Member Brock continued that firefighters was ch nged temporarily asethere hiring s solcy oi uchpOres p ssure re City of Denton City Council Minutes October 17, 1995 n fcr!Ii to. Page 4 Dar. to increase the fire fighting force right away and to open Central Fire Station. Accepting only certified firefighters meant that the extra firefighters would be hired earlier. The City Council never saw the lists of those eligible foi Civil Service. This was a very complex system because of Civil Service. one of the issues to ask a candidate for City Manager would be his/her attitudes and practices regarding such an issue. After the arrival of a new City Manager, a report could be generated. The City Manager could work with a committee to take a broad view of this inter-racial and inter-cultural issue. Council Member Young stated that the rush to change the system was to not allow Afro-Americans into the Denton Fire Department. This was a smoke screen to keep Afro-Americans off the Fire Department. This decision was made before he came on the council. Council Member Krueger returned to the meeting. Council Member Miller stated that the decision to require certified fire fighters came after this Council was seated and after they had decided to reopen Central Station. There was no valid eligibility list out at that point in time. Many of the issues relative to fire fighters and police officers dealt with the Civil Service laws of the State of Texas. There were court cases where cities had hired incorrectly from the an eligibility list and were found to be in violation of the Civil service laws. Mayor Pro Tem Biles stated that staff had provided council with very interesting statistics. The employable work force of Denton County was comprised of 4.66% African-Americans. The City of Denton employed over 6.5$ African-Americans. out of the Denton County employable work force, almost 6.51 were Hispanic. The City of Denton work force was almost 8.5$ Hispanic, These numbers indicated that the City of Denton work force exceeded what the D enton County employable work force was. With the exception of the Fire HispanDcepsartme percentages of and thecan-City exceeded in its various departments. He agreed that there was no harm when people spoke with calm voices to exchange opinions rather than yelling across the room at people. It helped when people spoke calmly and listened to what others had to say. The committee was going to take place but the timing needed to be done correctly. The Human Resources Department would be very taxed in the next few months and there were not enough hours to undertake this task force at this point in time. There was a specific date when the committee would be started and it had a specific criteria and assignment. Council Member Young stated it was fine if it was understood that t he committee would be done and he could wait until January. From what he had heard at need to prove th at thish committee meeting, was t neededappeared that there was a City of Denton City Council Minutes 0 October 17, 1995 Agenda 14 Page 5 Agenda tre Dot„ City Manager Harrell stated that Council Member Miller had stated the correct sequence of events that led the staff to come to the Council with a recommendation for a change in the selection process for certified fire fighters. The eligibility list was going to expire and it would have been necessary to create another. If the old procedure would have been kept in place, a new test would have had to been given and then the fire recruits would have had to been sent to fire fighter and paramedic school which would have delayed their active duty for nine months. The Council was very clear that they wanted to increase the fire fighting force as quickly as possible. The only way to do that was to change the selection process. That procedure was fully discussed with the City Council and the Council did not object to that change in criteria. It was not done to keep any group off the fire force. Three weeks ago the council received reports from two department heads which were in different formats. Council Member Krueger expressed confusion on the cost data presented. There was no effort to deceive the Council or present misleading information. An editorial in the newspaper stated that the cost factor for doing racial diversity was $100,000. The report presented to Council indicated that the total cost was $53,000 including $34,000 of exempt salary time for which no cost would be required. A second statement in the editorial indicated that there was a recommendation from staff to postpone the consideration of this item. That also was not correct. Staff had indicated that it was near capacity in regards to taking on another project. At no time did City staff recommend to postpone the item. Council decided it would be prudent to postpone after reviewing staff workload. 4. Citizen Requests A. The council considered a request from Julia LoSoya for an exception to the noise ordinance for a band concert at the North Texas Fairgrounds on Saturday, November 4, 1995 until 1:00 a.m. Veronica Rolen, Administrative Assistant, stated that this was a request to grant an exception to the noise ordinance for a band concert at the North Texas Fairgrounds. Council Member Young left the meeting. Biles motioned, Brock seconded to approve the request. On roll vote, Miller "aye", Cott 'layell, Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance to rezone 1.233 acres from Specific Use Permit 5- 140 (with underlying Agricultural (A) zoning) to the General Retail Conditioned (GR[c]) zoning district on property located on the northwest corner of Ryan Road and Teasley Lane. (The Planning and City of Denton City Council Minutes ctober 17, 1995 4Cee~7 flo. `0 O Pace A;A nda lL~m Zoning commission recommended approval, 7-0.) Frank Robbins, Director of Planning and Development, stated that policy issues were associated with this proposed zoning. Those issues dealt with the half-mile rule in a low intensity area and the strip commercial issue. This was a low intensity area and the was rule. Giveninconsistent iss es, ittheh Planning Intensity ando Zoning dcohalf-mile mmission recommended approval with conditions. Those conditions included that the maximum size of the building would be 4,000 square feet, a one-story height limit, a long list of prohibited uses and no metal buildings could be built. The Mayor opened the public hearing. R. J. Button stated that he was the owner of the Denton West Mobile Home Park and the indicated parcel of land. In 1982 when he built Lakewood Estates he extended an 811 water line along Ryan Road to the project. He would be extending the sanitary sewer from the Ryan Road lift station so it would be accessible for future development. He had been to the Development Review Committee and was agreeable with all of the conditions. Council Member Young returned to the meeting. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-198 AN ORDINANCE OF THE CIT Y OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH SPECIFIC USE PERMIT 140 (5-140) TO THE GENERAL RETAIL CONDITIONED (GF(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.233 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF RYAN ROAD AND TEASLEY LANE (F.M. 2181); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",ousles "aye", and Mayor Castleberry "aye". Motion carried B. The Council held a public hearing and considered adoption of an ordinance to rezone 2.0015 acres from the Single Family 7 (SF-7) zoning district to the Light Industrial Conditioned (LI(c)) zoning district on property located on the southwest corner of Morse and Woodrow. (The Planning and Zoning Commission recommended approval, 6-0.) r City of Denton City Council Minutes October 17, 1995 Page 7 r^? f Frank Robbins, Director of Planning and Development, stated that the same policy issues applied to this case as to the previous case. The Planning and zoning commission recommended approval of the light industrial zoning with a series of conditions. The property was surrounded on three sides with other light industrial uses with fewer conditions. There was a single family house on single family zoned property to the west. One of the conditions was that the existing vegetative buffer would be maintained with the neighborhood property. The only access to the property would be on Woodrow Lane. The Mayor opened the public hearing. Cliff Reding stated that the property would be divided into individual lots and sold to individuals with their own businesses. These buildings would not be a typical metal building warehouse facility. There was no City requirement to have the building fronts as he wanted but it was something he wanted to do. He agreed with the restrictions recommended by staff. Council Member Brock asked if the property would be divided into seven lots and then sold to individual owners. If so, would the buildings be built first and then sold. Reding replied both. He planned to sell individual lots and sell lots with buildings on them. There would be a maximum of seven lots - six smaller and one large lot. There was the possibility that one individual would purchase two lots and build one building on them. Any outside storage would have to be covered with a solid fence or some other type of materials and maintained at all times. There would be no storage of supplies to be seen from the road. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-199 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI[CJ) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.0015 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF MORSE ROAD AND WOODROW LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2, 000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Biles seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. City of Denton City Council Minutes October 17, 1995 Page 8 Agenda Flo. Oct." C. The council held a public hearing for citizen comments on the status of projects<^.nd activities for the Community Development Block Grant and the HOME Partnership Investment Program and on the City of Denton's 1994 Grantee Performance Report. Louisa Rodriguez-Garcia, Program Assistant, presented an update on the CDBG and HOME federal grants. Mayor Pro Tem Biles left the meeting. Garcia continued that in the 1994-95 fiscal ear t $957,013 in CDBG and HOME funds on a variety ,of herCojects.penThe majority of those funds were used to benefit low and moderate income families in Denton. Some of the major accomplishments this past year included the acquisition of the Owsley Park in the Owsley Addition; the purchase and installation of plat Owsley, Denia, Mack and MLK Parks he cod equipment at sidewalks on Gardenview and Morse Streets; construction of Chambers, Boardwalk, Park Lane, and Simonshe repaving of Stres; the construction of two homes on Windsor under the Affo dable Housing Programs; the continuation of the Housing Rehabilitation, the Optional Reconstruction and the Homebuyerfs Assistance Program; the funding of the renovation of Fred Moore Childcare Center, Fairhaven Retirement Center, and the City-County Day Nursery; and funding for public service agencies. The Mayor opened the public hearing. No one spoke in the public hearing. The Mayor closed the public hearing. 6• Variances A. The Council considered a variance to Section 34-124 (9) (1) of the Code of ordinances concerning drainage easement dedication for the Muenks Addition pl. The subject erty consisted of 2.171 acres located on then southwest corner ofrHinkle Drive and Haggard Lane. (The Planning and Zoning Commission recommended denial, 5-2.) Council Member Miller left the meeting and Mayor Pro Tem Biles returned to the meeting. Mayor Castleberry stated that this item had been on the last Council agenda and resulted in a tie 3-3 vote. Cuncil rule indicated that it had to be considered at the next Co nc it meetings Frank Robbins, Director of Planning and Development, stated that the proposed variance dealt with the Subdivision Regulation dealing with property when platted or developed. The standard indicated was that before the property could be developed, an easement had to be s City of Denton City Council Minutes _ October 17, 1995 r„-,,•, , Page 9 oat, dedicated in the 100 year f loodway. It did constructs n oncost to the subdivider. The only n associated cost was the surveying to indicate the metes and bounds of the floodway. Lots 1-4 were indicated for duplex development and Lot 5 was a very large single family lot. The entire area was recently rezoned from agricultural. The development of all lots and in particular the private alley would increase the amount of runoff coining from the property before it was developed. Council Member Miller returned to the meeting. Robbins continued that since there was no requirement to build in the floodway and since there could be no building or filling of the floodway under other reculations, it seemed appropriate that only the floodway would be dedicated by plat. That was why the Planning and Zoning Commission recommended denial of the variance. The property could be use6 for a variety of other uses but could not be build on. The dedication gave the City the opportunity to improve the channel at a later date. Rick Muenks, olivner of objection was to the equihement ofraydrainage easement. He primary to retain the channel to its natural state. Most of the trees were on the south side of the property which was in a floodway area. He felt that it was important to one lot which would be a single family lot. He was not convinced that the existing ordinance r correct equired it to be dedicated as a drainage easement. The staff was development. that was not significantly increased enough somewhat to demand a drainage improvement. There seemed to be some inconsistency in the area. The property immediately to the east of his property was the Good Samaritan property. He researched the plat records and the northern portion of that area was platted along with an eastern portion and a part of the southern portion. That portion which was subject to the new plat ran entirely to Hinkle Drive and part of Hinkle Drive was dedicated for an eventual roadway use. None of the drainage of the floodway area, which was the same floodway area which went through his property, was required to be dedicated as a drainage easement. The Planning and Zoning commission expressed a concern that the easement was needed for maintenance purposes to maintain the channel. He was concerned that the City might cut down the trees, ch>rnelize the easement, put fences on the property, etc. which would ruin the property. If he dedicated the drainage easement he would lose control over the area. if maintenance was a concern in the future, a drainage easement right could be acquired. Right now there was no need for such an easement. Council Member Krueger asked if Mr. Muenks was willing to give the city access to the property. i City of Denton city council minutes October 17, 1995 Agenda No. Page 10 Agenda Item _ Oato Muenks replied yes and that the City already had access to the property and had been spraying the weeds in the channel. He had indicated to staff that he had no problem with maintenance of the area. Council member Krueger asked if he was willing to sign an access agreement. Muenks replied not in the current form. If the ordinance did not allow for it to be offered, he could not do so. Mayor Pro Tem Biles stated that east of Hinkle there was no easement granted on this same floodway. Muenks replied correct. Council Member Miller stated that the backup materials for the Planning and Zoning Commission pointed out that there was no easement at Good Samaritan because the area was never developed or platted. There was standing water in the area and no means to correct it. Robbins replied that the situation with the platting at Good Samaritan was that part of the property was preliminary platted and final platted and part of the property without the floodway in it was not final platted. Rick Svehla, Deputy City Manager, stated that the improvement previously mentioned was on the east side of Hinkle and would not extend into this property. The improvement would be a channel. If the improvement was made and approved, the City would want to get an easement across Good Samaritan which would include all of the floodway. If Council denied the variance and the City was granted an easement for the floodway, it would be left in a natural state. The City wanted to ensure that if there was debris in the area, the City would not have to try and find the owner in the future to correct the problem. Muenks stated that his point was not about what was going to be done in the future. The point was a right was being taken and a requirement being made when there was no need for it. The easement did not benefit his property but was for those downstream. There was community benefit and potential harm to his property. Mayor Pro Tem Biles stated that Muenks could not build in the floodway. Muenks stated that his point was that what was in the floodway had a significant contribution to what was not in the floodway. Mayor Pro Tem Biles asked if Muenks had been informed that there was a policy against removing the trees and against destroying the City of Denton City Council Minutes •,,,o.3 October 17, 1995 ti2.,iG31%r) Page 11 Caro i 1 vegetation. Before any of that could occur, a public hearing had to be held before the Planning and Zoning Commission. Muenks stated that he was not aware of that. Mayor Pro Tem Biles asked if that would address his concerns. Muenks replied no. Mayor Pro Tem Biles stated that Muenks had indicated that he was concerned with protecting the trees and the appearance of that property which was in the floodway. If the City was protecting the trees and the only thing the City was asking for was access to the property when there were flooding conditions, where was there a loss suffered to the private property interest. Muenks stated that if that was the case, he would dedicate a maintenance and access easement. His concern in 5-10 years was that this might change and once the property right was given up he had no recourse for those rights. Mayor Pro Tem Biles stated that Muenks was proposing a maintenance easement as opposed to drainage easement. Muenks stated that was not allowed because the ordinance did not allow for that to happen. The ordinance required a drainage easement. Council Member Krueger stated that if the variance was granted could a maintenance easement be done instead. Robbins replied no that the main point was platting before the property was developed. If the Council granted a full variance to this, understanding that the Planning and Zoning Commission had aapproved the final t conditioned upon f the variance was not approved, then the final plat would not be approved. If the Council approved the variance, the City lost platting and any regulatory way to have this property have a benefit for the additional drainage which it would create. He felt there was no difference between a maintenance easement and a drainage easement. City Manager Harrell stated that the Council needed to consiaer what might happen, as the applicant had, in the future. In a planning process there was a need to make sure that all improvements were made consistent with the development of the property so that the general populace did not have to come in and spend general tax dollars to improve a situation which was created by a landowner who had developed property. In this case, the finding was that the development of the property was not so intense that it was reasonable to require the developer to make improvements in the channel. The finding was that the development V City of Denton City Council Minutes I C) October 17, 1995 Page 12 Ce.. was sufficient to require a drainage easement so that in the future if the easement was required, the general tax payer would not have to pay the property owner for thst property easement. Brock motioned, Biles seconded to follow the recomr,endation of the Planning and Zoning Commission to deny the variance request. Council Member Krueger felt that the diffFrence between a drainage easement and a maintenance easement had been defined. 'che City would not have to pay for either one. But if the City decided to channel the easement and eliminate the trees and foliage, it would have to be paid for. If there was a maintenance agreement, the City would have to pay for it but not witt, a drainage easement. This dealt with compensation for an easement the property owner did not want to give. This area was not the problem for drainage. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. Council Members Cott and Young were not present after a short break. 7. Consent Agenda Brock motioned, Krueger seconded to approve the Consent Agenda. On roll vote, Miller "aye", Krueger "ayetO, Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid 01715 - Mowing and Trash Removal 2. Bid 160198 - Advanced Control Systems B. Contracts 1. Denton City-County Nursery 2. Denton County Friends of the Family 3. Fred Moore Day Nursery 4. HOPE, Inc. 5. North Texas Community clinics 6. SPAN 7. TWU CARES Health Center 8. Consent Agenda Ordinances The Council considered the Consent Agenda ordinances 8.A. - B.D. Brock motioned, Biles seconded to approve the Consent Agenda ordinances. On roll vote, Miller "aye", Krueger "aye", Brock aye", B lys "aye". and Mayor Castleberry "aye". Motion carried " unanimous. City of Denton City Council Minutes October 17, 1995 Page 13 NEE h A. NO. 95-200 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; r AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.1. - Bid 01715) B. N0. 95-201 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (6.A.2. - Bid 160198 C. ) NO. 95-202 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER, DENTON CITY-COUNTY DAY NURSERY, AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.B. #°1-3) D. NO. 95-203 AN ORDINANCE APPROVING AGREEMENTS BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY, HOPE INC., NORTH TEXAS COMMUNITY CLINICS, AND SPAN; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.8. 14-7) 9. Ordinances A. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No. to the nt between the City of Denton and Texas Womantsl University agreemedated February 7, 1995 to allow for additional time for expenditure of funds. Derrick Collins, Human Services Coordinator, stated that the ordinance would authorize an amendment with TWU to allow for additional time for the expenditure of finds. Council Member Young returned to the meeting. Collins continued that due to various factors including the delayed execution of the current contract, TWU had not spent all of 1994 funding. The ordinance would amend the 1994 contract to extend it until March 31, 1996. The 1995 contract term would begin on April 1, 1996. No additional fiscal impact was anticipated. it City of Denton City Council Minutes October 17, 1995 Page 14 Apend3 No. Apenib Item The following ordinance was considered: 03re_ NO. 95-204 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN1S UNIVERSITY, DATED FEBRUARY 7, 19995 TO ALLOW FOR ADDITIONAL TIME FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll vaotee~~ Miller "aye", Young "aye", Krueger "aye,,, Brock "aye", Biles and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance approving the 1995 tax rolls. Jon Fortune, Chief Finance officer, stated that this ordinance would approve the 1995 tax rolls. The actual tax levy on the 1995 tax roll was $10,774,354. The following ordinance was considered: NO. 95-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1995 TAX ROLLS; AND PROVIDING FOR AN EFFLcrzVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Krueger "aye", "aye", Biles "aye". and Mayor Castleberry "aye". Motion carried unanimusly. C. The Council considered adoption of an ordinance approving guidelines for operation of the City of Denton Homeowner Rehabilitation Program and eligibility criteria and authorizing expenditures In excess of $15,000 for projects meeting Program guidelines and criteria. Nancy Baker, Housing Rehabilitation Specialist, stated this ordinance and the next would approve the Homeowner Rehabilitation Program Guidelines and the Optional Reconstruction Guidelines. These guidelines set forth the eligibility criteria and the procedures to administer the programs. Approval of the ordinance would allow payments in excess of $15,000 to be made to contractors for the rehabilitation of the property. Council Member Cott returned to the meeting. The following ordinance was considered: City of Denton City Council Minutes October 17, 1995 Page 15 ;cn:] Cn, ^1j NO. 95-206 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEOWNER REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "Faye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance approving guidelines for operation of the City of Denton Optional Reconstruction Program and eligibility criteria and authorizing expenditures in excess of $15,000 for projects meeting Program guidelines and criteria. The following ordinance was considered: NO. 95-207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $150000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. Vote, Miller "aye", Young "aye"? " „ On roll "a e" "aye", Cott aye Krueger "aye", Brock y , Biles and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving a contract between the City of Denton and the Barworth Corporation; authorizing the Mayor and the City Manager to execute any and all documents necessary to consummate the purchase of real property in accordance with said contract; and authorizing the expenditure of funds. (The Planning and Zoning Commission recommended approval, 4- 0.) Barbara Ross, Community Development Administrator, stated that this ordinance would approve the acquisition of two lots at 2533 and 2535 Charlotte street to be used as a neighborhood community center. Mayor Pro Tem Biles asked if this was unimproved land. Ross replied correct. r 'v City of Denton city council minutes LZ_L_11o October 17, 1995 Alen?~ t:a. Page 16 A^.enda 1:-n - Pro Tem Biles asked how the efforts were going to build on the land. ' Officer Greg Hedges stated that he had discussions with private businesses regarding the property. Tri-Steel had .indicated that they would like to help build approximately an 8160 square foot building which would accommodate the social programs as well as the COPS program. There would be no City dollars used for the construction of the building. They were looking to the private sector and other fund raisers for the funding for the building. The following ordinance was considered: NO. 95-208 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND BARWORTH CORPORATION; AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye". Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the purchase of 29.612 acres of land from Harold C. Coe. (The Planning and Zoning Commission recommended approval 6- 0.) Bob Nelson, Executive Director for Utilities, stated that this property was located next to the Wastewater Treatment Plant and to the expansion of the new landfill. The property would add to the area around the Wastewater Treatment Plant for future uses. The following ordinance was considered: NO. 995-209 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND HAROLD C. COE FOR THE PURCHASE OF REAL PROPERTY; AUTHORIZING THE EXPENDITURES OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. City of Denton City Council Minutes npend3tla. October 17, 1995 Page 17 Ap:na Nn G. The council considered adoption of an ordinance authorizing certification and educational pay for sworn off icerp of the Police Department who hold a Master Peace Officer Certification from the Texas Commission on Law Enforcement Officers Standards and Education (TCLEOSE) or a Master's Degree. City Manager Harrell stated that currently the City paid an incentive pay to officers based on their level of training and/or achievement of an advanced college degree. Currently a police officer who had completed 30 hours of college was eligible for an additional pay of $30 per month. That pay escalated to $60/month for those officers who held an intermediate certificate from the TCLEOSE organization or an associated degree. It further escalated to $120 per month for those holding an advanced certification or a bachelor's degree. The last session of the Legislature created another advanced degree from TCLEOSE of a Master Peace Officer Certification. This ordinance would authorize a cumulative pay incentive of $180 per month for those officers who had achieved such a master's certification or a master's degree from a certified college. Based on the current force, it was estimated that this would cost approximately $18,000 per year. These funds were included in the adopted 1995-96 budget. The following ordinance was considered: NO. 95-210 AN ORDINANCE AUTHORIZING CERTIFICATION AND EDUCATIONAL PAY FOR SWORN OFFICERS OF THE POLICE DEPARTMENT WHO HOLD A MASTER PEACE OFFICER CERTIFICATION FROM THE TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION (TCLEOSE) OR A MASTER'S DEGREE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye-' Motion carried unanimously. 10. Resolutions A. The council considered approval of a resolution authorizing the City Manager to execute a public transportation contract and subsequent amendments with the Texas Department of Transportation. Joseph Portugal, Assistant to the City Manager, stated that approval of the resolution would authorize the City Manager to execute the fiscal year 1995-96 public transportation contract with the Texas Department of Transportation. The City had requested approximately $141,390 to fund public transportation in the city of Denton. City of Denton City Council Minutes October 17, 1995 Page 18 Agenda H0, A..; ?R.7 R:n Council Member Cott asked who paid for the part of the public transportation outside the city limits. lied Dentonaunder a Section 9 which oonent~$ shad a public separate c nt at transportation under section 18 done under that basis. The following resolution was considered: NO. R95-068 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION CONTRACT AND SUBSEQUENT TEXAS AME DEP NDM ARTMENT OF TRANSPORTATION FOR ENTS WITH THE FUN TRANSPORTATION; AND PROVIDING AN EFFECTIVE DAT E.DINC PUBLIC Biles motioned, Young seconded to approve the resolution. On roll votMiller "aye"' Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The and authorizing nci exeon l consideT of approval of a resolution approving participation in a public funds investment cooperative rdesignating t the Board of Directors of the cooperative as an agency and instrumentality to supervise the Cooperative; approving investment an esig ating oinvestment appfiointing authorized representatives; recommended approval.) (The Investment Committee Harlan Jefferson, Director of Fiscal Operations, stated that the local government investment cooperative would allow the City to improve its diversification and yield in its portfolio. Currently the City only used one investment pool and this would give the City an opportunity to use a second investment pool as it had a good rate of return. This agency met all of the requirements of the Public Funds Investment Act. The following resolution was considered: NO. R95-069 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INT£RLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT COOPERATIVE ("THE COOPERATIVE"), DESIGNATING THE BOARD OF DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE; APPROVING INVESTMENT POLICIES OF THE COOPERATIVE; APPOINTING AUTHORIZED REPRESENTATIVES, DESIGNATING INVESTMENT OFFICERS; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes October 17, 1995 D Page 19 Aov4a Polo. AO'nCa lien Dace Biles motioned, Young seconded to approve the resulution. On roll vote, Miller ~~ayef", Young "ayes', Cott 'laye", Krueger "aye", Brock unanimouslys aye and Mayor Castleberry "ayes'. Motion carried considered C. The Council approval of a interlocal ambulance agreement between they City of Denton approviand Denton County for ambulance services. City Manager Harrell stated that this was a continuation of an annual contract with Denton county for ambulance services in the unincorp,-.xated area of Denton County. The following resolution was considered: NO. R95-070 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Krueger seconded to approve the resolution. On roll vote, Miller "aye". Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. The Council regarding nomination(s) i to the Denton Central v District A Review Board. pprairaisal al 1 Jon Fortune, Chief Finance Officer, stated that the Appraisal District was seeking nominations to the Appraisal Review Board. This was not the same as the nominations the Council recentl made to the Board of Directors. The Rev y hearing iew Boa rd was all of the appeals of property owners s responsible for Council Member Miller stated that there was a Denton citizen on the Board whose term would riot expire until 1996. There were two individuals who had served their time limits and would be going off the Board and three whose terms would expire but would be eligible to continue to serve. He asked if it was tradition that there were geographic dispersion of the people on this Board. Fortune replied that this was a different process from the Board of Directors. Each taxing jurisdiction would make a nomination and the Appraisal Board would make a nomination and the Board of Directors would select who was to serve on the Review Board. Mayor Castleberry stated that the Council did not have to make a nomination. City of Denton City Council Minutes October 17, 1995 Apnaa It;m _ Page 20 Dats_ Miller motioned, Brock seconued to not have a nomination. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. The Council considered a program for the update of the Denton Development Plan. (The Planning and Zoning Commission recommended approval, 6-0.) Mayor Castleberry indicated that this item received a 3-3 tie vote at the Councilts last meeting and had to be considered at this meeting. Frank Robbins, Director for Planning and Development, stated that staff had presented in detail at the last meeting what the program would be. This meeting provided a more detailed layout of the fiscal impact. The projected cost of the Plan development was approximately $95,371 and the fiscal impact was $82,610 - the difference being exempt overtime employees. The Denton Development Plan Policy provided the timing for this update. The Plan stated that the Planning and Zoning Commission would consider an update annually in July and they would make a recommendation to Council and Council would consider that recommendation in October. fhe Planning and Zoning Commission asked that Council move as quic:::y as possible. Council Member Brock stated that in the Vision process, in discussions in the Economic Development Advisory Board and in the Fantus Study, there was a great deal of concern by developers that the Denton Development Plan be looked at as a whole. It was felt that there were some areas of the Plan which were outdated or which needed to be looked at again. She asked if this had been factored into the work load of his employees. Council Member Young asked how much it would cost to implement this plan and how much staff time to do this study. If the staff and time was not available to do racial diversity, there was not enough staff and time to do this. Council Member Young motioned to postpone this until January. Council Member Krueger stated that the Racial Diversity Task Force would be handled by the Human Resources Department. This project would be handled by the Planning Department. Robbins replied that it would include some hours worked by the Engineering department and the utility Department but did not include any Human Resources staff. Council Member Krueger asked if this would overtax those other departments. f City of Denton city council minutes A4" N0. October 17, 1995 ApMifthm Page 21 OW Robbins replied no that they had been anticipating at the beginning of the budget process that this would be the year to start this process. He had programmed funds into the budget process and time to do this update. Staff was ready to begin. Council Member Krueger asked if the City Manager felt uncomfortable starting another committee with this process. City Manager Harrell stated that his prior statement regarding the Racial Diversity Task Force and this proposal assumed both committees were going forward. This study was discussed during the budget deliberations with major amounts of hours budgeted in the budget. Council Member Young's motion died for lack of a second. Council Member Brock asked how many citizens were needed for the update. Robbins replied 7-15 per the Planning and Zoning commission's recommendation. Biles motioned, Miller seconded to proceed. Council Member Young stated that this was another good example of "mumbo-jumbo" from the City. People could see through this "mumbo- jumbo". Mayor Castleberry stated that this project was from the Planning Department and was budgeted for. The Racial Diversity project was from another department. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 13. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Brock nominated Perry McNeil to the Electrical Code Board. 14. The Council discussed and took action regarding the appointment and employment of a part-time Assistant Municipal Judge to fill in during vacancies of the Acting Municipal Judge. This item was not considered at this tima. 15. Vision Update Council Member Brock stated that Vision presentations would be made at the end of October and early November. it City of Denton city Council Minutes October 17, 1995 ..Q~~ Page 22 Aper.Ca t,o. A~enca I Data 16. Miscellaneous matters from the City Manager. City Manager Harrell did not have any items for the Council. 17. Official Action on Closed Meeting Items. This item was not considered at this time. 18. New Business The following items of New Business were suggested by Council Members for future agendas. A. Council Member Young stated that the members of the Juneteenth Committee had indicated that they would like to have a Fred Moore Adult Activity stage and asked that this item be placed on an agenda for Council consideration. B. Council Member Brock stated that Senate Bill 1504 allowed cities to contract with the Department of Public Safety to deny the renewal of a driver's license of a person who had failed to appear in Municipal Court. She asked staff to investigate whether the City would want to enter into such a contract. C. Mayor Castleberry asked for an agenda item regarding the selection of a new City Manager. D. Council Member Brock asked if Council wanted to renew their Adopt-A-Spot. 19. The Council discussed the following in a continued Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discussed the appointment and employment of a part- time Assistant Municipal Judge to fill in during vacancies of the Acting Municipal Judge.(Open meeting discussion and took action) Following the Closed Session, Council reconvened into Open Session and took the following action: Biles motioned, Young seconded to appoint Nancy Jesse as interim port-time Municipal Judge until a full-time Municipal Judge was appointed. Ms. Jesse's duties would be performed as needed and directed by the present Acting Municipal Judge at the compensation rate of $25 per hour. staff would prepare a contract to that , 0 City of Denton City Council Minutes October 17, 1995 ' Page 23 a^n Da!c effect. On roll vote, Miller "aye" "aye,,, Krueger Faye", Brock "aye" Biles "a eYoung Cott "aye", "aye". Motion carried unanimously, y and Mayor Castleberry With no further business, the meeting was adjourned at 10:30 pm. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO02CA i S CITY OF DELTON CITY COUNCIL MIN TES,_~ po ^ d October 24, 1995 A:,nla item The Council convened into a Closed Meeting on T 1995 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, and Miller and Young. ABSENT: None 1• The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed settlement ?nd defense of contemplated litigation concerning the denial to rezone 3.853 acres from SF-7 to Office zoning on the south side of I35-E and Lindsey Street. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Considered a resolution of the Cit Texas Y of Denton, appointing Robin Ramsay as the Acting Chief Judge for the City of Denton Municipal Court of Record; authorizing the Mayor to execute an amendment to the contract for his term of employment. 2. Considered a resolution of the City of Denton, Texas appointing Nancy Jesse as Assistant Municipal Judge for the City of Denton Municipal Court of Record; authorizing the Mayor to execute a contract for her term of office. The Council convened into a Special Called Session on Tuesday, October 24, 1995 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, and Miller. ABSENT: Council Member Young 1. The Council considered an ordinance of the City of Denton, Texas approving the release of various paving liens assessed against homesteads by ordinance nos. 61-16, 62-130 64-26, 65-310 and 66-30; authorizing the Mayor to execute said releases; and providing for an effective date. City Attorney Prouty stated that this ordinance would release certain paving liens assessed by the above five ordinances adopted in the 19601s. The ordinance would authorize the release of certain paving liens and authorize the Mayor to execute the lease documents which were attached to the ordinance. These liens were assessed by Article 1105B of the Texas Civil Statues. The Article City of Denton City Council Minutes 0.pea9a10.19 " d October 24, 1995 ApenJ3Item Page 2 Date provided a procedure whereby a city could assess liens for and other street improvements to the adjacent paving proerty and in effect share costs for the costs of those imp rovementswwith the property owners. This was usually done under the statute called the "special benefits rule" which meant that the city would assess no more than the amount of enhancement to the property caused by the paving improvements. The city had to go through a certain number of procedures to assess the liens. Those procedures included preparing an estimate of the cost of improvements; providing notice to the public at least three times in a newspaper of the fact that there would be a public hearing at which the assessments would be considered; holding a public hearing at which any owner who was protesting the assessment had the right to speak; and finding at the public hearing that every individual assessment of each of the liens did not exceed the special benefits or enhancements to the property caused by the paving. This was usually done by people knowledgeable in real estate who testified at those hearing that the property ownerfs enhancement to each individual property would be equal to or exceed the amount of the assessment. In almost all of the vases, the City did not initiate the assessment process. It was done by a petition of the property owners who recognized the fact that the benefits of the paving would exceed the cost of the improvements. The assessments were only made after notice of hearing at which the property owner had a right to speak. The assessments were, in most cases, initiated by the property owners through petition and not by the City. All of the property owners benefited in enhanced value to their property in excess of the assessment. There was a misconception that the City made these assessments and then did nothing to try and collect the liens until several months ago. Records showed that in most cases multiple notices during the years were made to the property owners advising them of the amount of the lien. some of the property owners made payments while others did not. Council Member Young joined the meeting. Prouty continued that there were efforts to collect these liens during the years. There were many obstacles to legally release these liens. There were problems due to the r.onstitutional provisions which prevented a city from granting a gift or thing of value to a private person because each property owner benefited as a result of the improvements made to the property. There were also problems in regards to statutes of limitations regarding the property owners. The statute provided a provision whereby each property owner, if not satisfied with the assessment, could appeal that assessment within 15 days from the date of the hearing at which the ordinance was passed. None of the property owners presented an appeal. With the exception of notice, that ended the rights of the property owners to protest the assessments. There was also a four year statute of limitations which was applicable and meant that if the property owners did not file suit within four years to set aside the liens, their legal rights to protest in most cases were cut off. The only way to release the liens was to find (1) that the property was a homestead at the time the assessment City of Denton City Council Minutes A.VdaIto, e October 24, 1995 A7!rtda fleet Page 3 Date_ -C` was made and (2) no mechanics lien contracts had been entered into by the property owners who had the homestr..d and recorded prior to the construction of the improvements. Even though the law indicated that the liens could be released, the personal debt could not be released. Staff had to make sure that the current property owners were not the original owners when the lien was assessed. There were approximately 300 of these liens in existence. The above ordinances covered 107 liens with 41 being recommended to be released as they fell within the category of a homestead and did not have a mechanics lien contract before the improvements were built. A procedure had been established whereby the property owners who might not be on the list would be given instructions on how to make an affidavit and prove up the fact that the property was a homestead at the time the lien was assessment with no mechanics lien contract in existence at that time. If Council approved the ordinance, letters would be sent with a copy of the releases to all of the 41 property owners notifying them that their liens had been released. Letters with the affidavit and instructions on how to file such would be mailed to the other property owners. The remaining liens would be researched and Council would consider another ordinance to release liens established during the early-mid 1970's. The same procedure would be used with those liens. Council Member Cott felt this was a unique way of paying for improvements. He questioned if this was done anywhere else in the City at this time. Prouty stated that back in 1960's, this procedure was only available for certain types of street improvements. It was a way to assess the costs of particular improvements, rather than spreading them on all the taxpayers, ;:o the taxpayers who really benefited from the improvement. Many cities were doing this at that point in time. Council Member Cott asked if this was an attempt to get the lowest cost into the improvements in that area. Prouty stated that this was a cost sharing agreement between the adjacent property owners and the City and used City funds. The property owners did not pay the full cost of the benefit of the improvements to their property. City Manager Harrell stated that the difference from then to now was the fact that development standards had increased greatly. Today, as new developments happened, the developer was required to put in the paving, curb and guttering. The property owner, when he purchased the property, was actually paying for those improvements through the purchase of the home. In the 1960's and 1970's the City was dealing with developments which were done prior to those more extensive development standards. This was a way many cities, during that time, felt was the equitable way to get those people who would truly benefit from the improvement, to share in the cost of making that improvement. I J City of Denton City Council Minutes October 24, 1995 Page 4 tr: Ya 7 _d b The following ordinance was considered: 2 qr NO. 95-211 -1~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE RELEASE OF VARIOUS PAVING LIENS ASSESSED AGAINST HOMESTEADS BY ORDINANCE NOS. 61-16, 62-13, 64-26, 65-31, AND 66-30; AUTHORIZING THE MAYOR TO EXECUTE SAID RELEASES; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Krueger seconded to adopt the ordinance. Council Member Krueger urged the City Attorney's office to continue to research and explore ways to legally release all of these obligations. Council Member Young asked if he had to leave before the vote on this issue as he had paid such a lien. City Attorney Prouty stated that it was not necessary for council Member Young to leave for the vote as the names of all of the individuals were on an exhibit attached to the ordinance. Council Member Miller stated that the liens were released but that the money was still due. He asked what the expectation was for the collection of the rest of the money. City Attorney Prouty stated that the law indicated that when the lien was released because of the homestead, the personal debt was still in effect. The personal debt was the debt of the original owner and not of the current owner. It was felt that not many of these amounts would be collected. Council Member Miller asked what would happen to the other 60% of the liens on the list. Prouty stated that that was where the affidavit came into play. Next week they would be sending out letters with affidavits and instructions on how to complete them. The property owners would have to provide proof which showed that the property was a homestead at the time of the assessment. Council Member Miller stated that some properties, which could not meet the homestead qualifications, would continue with the liens. Tho:,e would remain in force. City Attorney Prouty replied correct. Not all of the liens would be released. Three or four homesteads had signed mechanics lien contracts prior to the assessment and in those cases the liens would be valid. Council Member Miller asked if there was a way to forgive the interest. City of Denton City Council Minutes o October 24, 1995 Page 5 AQind3It: Oale City Attorney Prouty stated at this point in , be done as the City could not give a gift to a private citizen. Council Member Brock pointed out that the liens which would be ' released by this ordinance were in various areas of the city. Council Member Young stated that 90% of the liens were in his district and felt that where the property was located was not important. It was important to get the letters out to those individuals with the liens explaining the process. Mayor Castleberry stated that many of these streets were dirt streets in the beginning and it was a different matter now. It should be understood that the debt was still due by someone and that the City would be pursuing that those debts be paid. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. There was no official action taken on the Closed Meeting Items at this time. The Council convened into a Work Session on Tuesday, October 24, 1995 in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Miller and Young. ABSENT: Council Member Krueger 1. The Council received a report and held a discussion regarding an ordinance of the City of Denton, Texas authorizing the City Manager to execute an Interlocal Agreement between the City of Denton and the Texas Department of Transportation for the design and construction of the Denton Branch Rail Trail project. Bob Tickner, Superintendent of Parks, stated that in 1991 the Union Pacific Railroad informed the City that they were in the process of abandoning the branch which ran from Dallas to Denton and wanted to proceed with filing with the ICC to abandon the line. In 1988 Congress passed a law which allowed these abandonments to be converted to trails as a process for preserving the rail corridors for future transportation uses. This was called rail banking. The Railroad contacted all of the communities on the line and the city of Denton indicated that it wanted to participate in such a rail bank. In 1993 the City applied to the Inte-state Commerce Commission to use the trail. Council Member Krueger joined the meeting. Tickner continued that in June of 1993 negotiations were completed and a formal exchange of funds and the quit claim deed was City of Denton City Council Minutes October 24, 1995 / Page 6 1;0. l~,±n"~ I!tn completed. About the same time, the Int o Transportation Efficiency Act was adopted which ^ provided funding for the development of the trail. The City submitted a ce application through the Texas Department of Transportation rain October 1993 to fund surfacing the trail, repairing the bridges, ' etc. In April of 1994 the City learned that it had been selected for funding of this project. As part of the ISTEA project, the City had to enter into an interlocal agreement with the Texas Department of Transportation for an 80-20 funding match. At the signing of the agreement the city had to send a check for its share of the design and administration of the project. Part of the project was to quickly relocate the old railroad depot. City Manager Harrell stated that the City did a good ob in negotiating the purchase of the right-of-way from the Rail oad. The thought was that in the future there might be a need for high speed transportation between Dallas and Denton. If the City had not pursued the right-of-way at that point in time, all of that right-of-way would have reverted to the abutting and would not have been available for later publicpuse. ThewCity purchased the right-of-way for $10,000 when it had an appraised value of over $2 million. The purchase was done under favorable terms and was done with an 80% match. Mayor Pro Bil stated actually inside the corporate that lithe mits a of other the Cit had purchased was Tickner replied correct that about half of the right-of-way went through the City of Corinth. Bile asked inyanypway to help wl h t of q aCornth nt match, participating financially Tickner replied no not at this time but might possibly help with maintenance in the future. r Pro theoCity asmin other that if half of roperty other cities shuld helped by City Manager Harrell stated that when they were in the negotiating stage with the Railroad, there were a number of conversations with Corinth. There were a number of citizens within that community who had major reservations regarding the detailed discussions with Corinth, was able. to Dset naside othe property owners fears about using the trails close to their property. Three years ago city officials of Corinth were not enthusiastic regarding the project. Mayor Pro Tem Biles stated that if the City was going to own the property, have the liability as the tax dollars of the citizens of Denton to maintain andaconstruct the property, the City needed to be in charge Of the project. He asked to what degree the Historic Landmark Commission and the Main Street Program been incorporated into dealing with the issue. I City of Denton City Council Minutes A5vdaNo. October 240 1995 A;2n12 V n Q Page 7 0:1..Gr r 94 Tickner stated that they had been discussing the issue with var ois members of the Committee. When the timing was right they would be working more with the members. Biles motioned, Young seconded to direct staff to proceed with the development of an ordinance for the project. Council Member Krueger asked what was the City's financial obligation and whose jurisdiction was it to control. Tickner stated that State law allowed a city to maintain recreation properties in other jurisdictions. Council Member Krueger asked how this fit into the parks plan. He questioned if there was too much to maintain and fund at this point in time. Ed Hodney, Director of Parks and Recreation, stated that this project was in the Parks Master Plan and that maintenance costs had been budgeted for the past two years. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The Council received a report from the Downtown Development Advisory Board concerning parking recommendations for Downtown and gave staff direction. Jane Jenkins, Main Street Manager, stated that at the request of the Council the Downtown Development Advisory Board had made two separate recommendations concerning specific parking issues in the Downtown area. One recommendation was to look into the possibility of modifying the existing signs or adding signs notifying customers of the parking fines. In April Council received a memorandum from the Deputy City Manager concerning the cost of either modifying the existing signs or adding new signs to reflect this information. At that time the Parking Committee of the Main Street Program addressed this issue and adopted the policy that Downtown signage should be kept to a minimum and that a message should be in the form of a positive message directing customers to long term lots as opposed to publicizing what the parking fines were. Council Member Young left the meeting. Jenkins continued that right now there were twelve signs on the Square with two-three signs on either side of the Square. It was felt that it might be difficult seeing the signs particularly if a car was parked on the merchant side of the Square. Adding fine information would not help with those signs. The Downtown Advisory Board felt that this could be better communicated through the individual merchants either through tasteful signage provided by Main Street brochures or signs located in the businesses. In response to the Council graduate students from the University of City of Denton city council minutes A~cn9a uo~-~! b _ October 24, 1995 A~endallen Page 8 - Dalo North Texas were used to research and make recommendations concerning the two issues regarding time parking limits on and around the Square and parking fines on the Square. In addition to reviewing all of the relevant information on the issues, the students held public meetings regarding the issue. They also surveyed other cities with Main Street programs which were similar in size and which had parking fines on their Squares. The consulting team recommended that the present two hour parking limit was adequate and felt that if an increase were made, there would be continued abuse of the parking spaces. They also recommended that the current $15 fine be lowered to $10 which would have a fiscal impact on the budget. Long term recommendations included creating maps and parking brochures with a public relations campaign through the businesses rather than a negative sign issue; adapting the signs to reflect the motif of the area; designating all public parking lots in the area; and evaluating extenuating circumstances and communicating with shop owners where to go with these needs. Council Member Young returned to the meeting. Jenkins continued with Recommendation A which was to establish a public improvements district to facilitate parking management. This would be a first for a city of Denton"s size. Parking management of the public parking in the Downtown area would be turned over to a private facility. Dan Martin, Downtown Development Advisory Board, stated that the attempt was to create a friendly users parking environment. The parking enforcement still needed to be retained but done in a manner which was much more plausible to the users. Council Member Krueger left the meeting. Martin continued that private services could include parking enforcement on a consistent basis and the use of a boot system for those over the time limit for parking. The parking attendant would be working in public relations between individuals parking on the Square and the store owners. With this system there would be some selective enforcement to deal with those individuals who all day parked on the Square and who used spaces needed for the shoppers. This type of parking system was more detailed, personalized and consistent. It would have to be paid for through some sort of district such as an improvement district or a taxing district. Council Member Young asked how much it would cost to remove the boot. Martin replied that that had not been determined but might be in the area of $20-25 to have the boot removed. Council Member Young asked if there would still be parking tickets. Martin replied yes that there would still be parking tickets. The boot provided a less risk for damage to cars than a tow truck, was F City of Denton City Council Minutes October 24, 1995 Apen.alie Page 9 Oats easily removed and also showed others that the b in orce. Council Member Young asked how the boot system would work after hours. Martin replied that the extend of enforcement would have to be determined. After hours enforcement could be done if the funds were budgeted for that procedure. A determination would have to be made for the amount of fee for the taxing district and then determine how much enforcement would be needed. Jenkins statel that the hours from 8:00 a.m. - 5:00 p.m. were the biggest problems. After hours would be another issue the district would look at. They had not gone door to door to the businesses at this point because they were going to Council first. There had been public meetings on the issue and most of merchants received notices of the Parking Committee meetings. Council Member Young felt that the process was backwards. The business owners should to talked to first and then work with the Council. Council Member Krueger returned to the meeting. Jenkins stated that if a taxing district was done, it would require the support of the business owners and property owners in the area. This was not something the Council could do. The Council could direct staff to proceed but not to implement the taxing district. Council Member Young stated that the property owners should have already been involved. Jenkins replied that that had already been done but they did not do a door to door survey. Mayor Castleberry felt that the discussion should center on the parking ticket charge and signage at this meeting and consider other issues at a later meeting. Council Member Cott suggested that any discretionary ticket work needed to be discussed with the police department. This should be a plain cash flow with no government subsidy. Council Member Krueger asked who Jenkins felt would be opposed to easing the current parking restrictions and who would not be opposed. Jenkins replied that parking Downtown was a problem of perception rather than reality. There were concerns about downtown parking but the situation had improved. The merchants had a problem with downtown employees in non-profit businesses taking up spaces all day. M 1 City of Denton City Council Minutes October 24, 1995 ~peiQano, Page 10 nC°n~a it. _ Council Member Krueger felt that there was oat. discriminatory in regards to the employees who worked in the area He felt there was room for more discussion of the issue and that the hours of parking restrictions might be changed. Jenkins stated that almost every issue dealing with downtown parking had been discussed with each of the business owners on the Square including hours, time limits, fines, etc. Council Member Brock asked about similar special districts in other cities. Martin stated that an assessment district would determine what service would be performed, service hours and how much to pay for those services. The District made the rules for the Council to approve. Brock motioned, Miller seconded to maintain the two hour parking limit but to add signs to indicate where long term parking was and to have a $10 base parking fine all over the City. Council Member Miller stated that the Council did not set the parking fee but rather it was set by the Municipal Judge. The motion should be to recommend to the Judge to change the fee. Council Member Brock stated that she would change her motion to reflect such. Council took a short recess. After the recess, Council Members Brock and Young were not present. Council Member Cott suggested including an amendment to the motion to include the next procedure step in order to keep the issue moving. Mayor Castleberry suggested that that item could return as a separate discussion item. Mayor Pro Tem Biles stated that the motion was to maintain the two hour parking limit, to request of the Municipal Judge to consider a reduction of the base fine from $15 to $10, and to enhance the signage pointing to available parking. Council Members Brock and Young returned to the meeting. Mayor Pro Tem Biles continued that the signs should conform to a certain aesthetic appeal. He stated that there was not a parking problem on the Square - it was a perception problem. Jenkins asked if the motion was to amend the existing signs or add to the existing signs. Were other options needed for Council to consider. City of Denton City Council Minutes October 24, 1995 ApenQa ISm ' Page 11 Data Mayor Castleberry stated that the motion was to have a sign directing ir.3ividuals to extended parking and nothing with the amount of the fine. On roll vote, Miller "aye", Young'laye", Cott "aye", Krueger "aye'O, Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The Council received a report, held a discussion and gave staff direction regarding the City of Denton flag policy Joseph Portugal, Assistant to the City Manager, stated that this item was on the agenda at the request of the Council. Last year Council asked staff to research whether an official logo for the City had ever been adopted. Research indicated that there was no official logo. Staff prepared several renderings for Council approval and Ordinance 94-074 established a City logo but also applied to the City flag. The flag had been copyrighted and the Ordinance developed safeguards for improper use of the Cityfs logo. Section 3 of the ordinance, while not meaning to preclude citizens from displaying the city flag, did have a safeguard that that could be done only upon written application to and approval by the City Council. If Council chose to amend that ordinance, there might be some future uses of the City flag which would be objectional to the council. Mayor Pro Tem Biles stated that he did not like the w ordinance was ay this presently written. He suggested ha vin staff to differences 9 ok at in what was being addressed by the ordinance. He suggested that a distinction could be made to continue to prohibit the use of the City's logo as a stand-a-lone symbol but if that logo were incorporated into a flag, the flag would be flown in the same manner as the State of Texas or national flag. Biles motioned to direct staff to develop a distinction using the State statute as a guide for parameters and the use of the State flag plus the United States Flag Code. The approach should be one of being able to freely fly the City of Denton flag versus a misappropriation of the corporate symbol. Council Member Young stated that he wanted an amendment to the motion to give each Council Member a flag. Mayor Castleberry stated that that was not legal. Council Member Miller seconded the original motion made by Mayor Pro Tem Biles. City Attorney Prouty stated that the gifts statute depended on the circumstances. If it served some type of City purpose to give a Council Member a flag, it might be acceptable. The City could not just automatically give a flag without a pubic service. Any Council Member could display the flag but the City could not give the Council Member a flag. I City of Denton City Council Minutes ~w October 24, 1995 Wead Page 12 Council Member Young reworded his amendment to would make a flag availabl e to the Council Members. Mayor Castleberry stated that they were available and could be purchased for approximately $30 per person. Portugal stated that the flag could be purchased for approximately $65 and with fringe, for $85. Council Member Young asked if it was legal for the City to make a flag available for certain circumstances such as the Juneteenth parade. City Attorney Prouty stated that that would be allowed under the law to make a flag available for certain groups provided it did n violate either the display of the flag with regard to the statutes governing the State of Texas and the statute governing the Uni States flag. United Council Member Young withdrew his amendment. Council Member Krueger asked about the specifics of the motion. He asked for the distinction in the motion as to whether this would constitute a wind device. Mayor Pro Tem Biles stated that his motion did not address the sign ordinance in any respect. His motion was designed to segregate the misappropriation of a trademark under State law or co under Federal law, logo or design as distinguished from therusetof the logo on a flag. A person should not have to receive permission to fly a City of Denton flag. This had nothing to do with the sign ordinance. Council Member Krueger wanted to make sure that this was not considered a wind device before he voted on the motion. Portugal stated that up to three flags could be flown from a flag pole or standard without the possibility of violating the sign ordinance or the wind device provision. If flown in this capacity, it would be In compliance. Mayor Pro Tem. Biles stated that these were two different issues. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay" Brock "aye". Biles "aye , and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 4. The Council held a discussion and gave staff direction regarding the selection process to hire a new City Manager. Mayer Pro Tem Biles and Council Member Yovng left the meeting. Tom Klinck, Directo_ of Human Resources, suggested the use of an executive search firm to deal with a position profile which would City of Denton City Council Minutes October 24, 1995 4.crs~ po Page 13 Isa include a job description; ideal characteristi D` 6 community profile; key resources, assets, and streng s; significate issues in the next 5-10 years; and a recruitment profile. The staff would solicit and evaluate proposals from the search firms; recommend 2-3 firms to the City Council for evaluation; Council would interview and select the firm best suited and authorize a contract to begin the search. Advertising sources would included the Texas City Management Association, the International City Management Association, and the Texas Municipal League. Advertising would be in the December and January issues and the application process would close January 15, 1996. The hiring range would be between $95,992 - $109,990. Major selection issues included selection and evaluation of candidates with an initial paper screen for minimum qualifications, experience, and presentation. The candidates would be then narrowed to 20-30 with a secondary face-to-face interview with the search firm to develop a semi-finalist pool of 10-15 candidates. The final screen follow- up would include telephone discussions and discussions with references. Mayor Pro Tem Biles returned to the meeting. Klinck stated that the search firm would present ten candidates for consideration with five-six finalists for Council interviews and a tour of the community with City panel interviews with Council. Council Member Young returned to the meeting. Krueger motioned to proceed with the selection of a search firm to begin the process and to proceed with the advertising as necessary. Council Member Young motioned to amend the motion to include an extensive in-house search. Mayor Castleberry stated that the original motion would apply to anyone who would like to apply. Council Member Krueger stated that his motion dealt with the selection of a search firm, not the selection of a City Manager. Council Member Young stated that his amendment dealt with finding a search firm but also for an in-house search. Mayor Castleberry asked if Council Member Krueger wanted to add that amendment to his motion. Council Member Krueger stated that his motion dealt with the search firm. The issue of an in-house search could be discussed later with the selected firm. It was important to contract the firm first. Council Member Miller suggested ending the motion with the selection of a search firm as a firm might want to change the manner of adverting once it was hired. City of Denton city council minutes October 24, 1995 Page 14 Ape. da Ape da Ixn1 Council Member Krueger agreed to that change. oai Counci] Member Miller seconded the motion. Council Member Cott stated that he would like to amend the motion. In his opinion the current City council did not satisfactorily fulfill its expected leadership role of developing a cohesive policy position on many subjects. Before hiring a new City Manager the Council needed to be prepared to give him/her leadership and the council was not ready to do this now. For these reasons, he felt one of the fine existing executives should be assigned as Acting City Manager for a minimum period until December 1995. Council should use this period to examine the Council with a minimum of two in-house retreats. There should be an analysis of all open positions for senior personnel and add to it the City Manger, the needs for a city manager to replace Mr. Harrell should be discussed and get the right person after that examination. The final search should be started after the first of the year with an approximate two month search. He motioned the above process. Mayor Castleberry stated that there was already a motion and a second on the floor. This would have to be an amendment in order to be considered. Council Member Young seconded the amendment to the motion. On roll vote of Council Member Cottfs amendment, Miller "nay", Young "aye", Cott "aye", Krueger "nay", Brock "nay", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 2-5 vote. On roll vote of the original motion, Miller "aye", Young "aye", Cott I'nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 5. The Council held a discussion regarding City Council activities for Make a Difference Day, October 28, 1995. Council Member Brock asked if Council was interested in cleaning their adopt-a-spot up on Saturday morning at 10:30 a.m. After discussion, it was decided that 2:30 p.m. would be a better time. Council Member Brock suggested Council join the Noon Rotary Club in a project dealing with the collection books for young readers to be given at Christmas time to needy children. 6. The Council received a report, held a discussion and gave staff direction regarding the Community Development Funding Application for a stage at Fred Moore Park. Council Member Young stated that the „uneteenth Committee was trying to get a stage in Fred Moore Park. He was asking for Council to find a way to fund this project. 4 City of Denton City Council Minutes A2:n]d,,.'eorl October 24, 1995 Page 15 A7an_ Qafa ^ C ity Manager Harrell stated that this request for $25,000 for a permanent stage at th-: Fred Moore Park was submitted by the Parks Department after input from residents in the area as part of the Community Developmen•: Block Grant proposals. There was an appointed citizen grcup to review all requests for block grant funds and formulate recommendations for the funds. That citizen committee evaluated this request along with many others and did not recommend, during 1y94, the funding of this request. The request was not part of the 1995 deliberations of the Community Development Block Grant Committee and was not recommendation to Council. The Committee was considered in their almost ready to start another round of requests for the next fiscal year with the first public hearing to be held in December. The request had never been considered as part of the normal City budget but had always beer part of the Block Grant program. Council Member Cott asked if Council could send the request through the process for consideration. Mayor Castleberry stated that Council Member Young could make a presentation in December to the Committee. Council Member Brock stated that during the regular budget process Council could consider the issue as funding did not have to come ti from Block Grant funds. Part of the stage in the civic Center came from a grant from the Benefit League. There might be restrictions for funding categories but it would be worth trying for at least part of the funding for the project from that source. Mayor Pro Tem Biles felt that a stage would be an asset to that park. There were many financing opportunities for such a stage through the CIP process, the CDBG process, the budget by Council, and privats funds. 4 The Council convened into a Closed Meeting to discuss the following: A. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Considered a resolution of the City of Denton, Texas appointing Robin Ramsay as the Acting Chief Judge for the City of Denton Municipal Court of Record; authorizing the Mayor to execute an amendment to the contract for his term of employment. 2. Considered a resolution of the City of Denton, Texas appointing Nancy Jesse as Assistant Municipal Judge for the City of Denton Muni.^ipal Court of Record; authorizing the Mayor to execute a contract for her term of office. Following the completion of the Closed Meeting the Council reconvened in open Session and took the following action: The following resolution was considered: r i City of Denton City Council Minutes October 24, 1995 Page 16 =i 1 NO. R95-071 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING ROBIN RAMSAY AS THE ACTING CHIEF JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CONTRACT FOR HIS TERM OF EMPLOYMENT; ESTABLISHING A TERM OF OFFICE FOR THE ACTING CHIEF JUDGE; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Young seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. The following resolution was considered: NO. R95-072 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING NANCY JESSEE AS ASSISTANT MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERM OF OFFICE; ESTABLISHING FEES FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Cott seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 10:17 p.m. M BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC002C9 s,. r ~w~a, Na ~ O 1 Aprdl tai, DA Doh 3 - - MI COITNC( REPORT FORMAT TO: Mayor and Members of City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Hold a public hea ;ng and consider adoption of an ordinance amending sections 35- 76 and 35- 77 of the code of ordinances to allow temporary useb on a permit basis. RECONNIENDATION- Planning and Zoning Commission recommends approval. (5 - 0) SUMMARY: The proposed ordinance (see attachment #1) provides for the temporary use of land for Christmas tree sales, events of public interest and temporary concrete or asphalt batching plants in specified zoning districts. In preparing the regulations staff researched the current regulations for temporary uses in other cities. (see attachment # 2) The proposed ordinance include specified standards and requirements for permitting temporary asphalt or concrete batching plants in all of the zoning districts. The current zoning ordinance require a Specific Use Permit (SUP) to locate a temporary asphalt or concrete batching plant in all the zoning districts except in the heavy industrial and planned development zoning districts. The proposed regulations will allow temporary asphalt and concrete batching plants which meet the Texas Natural Resources Conservation Commission (TNRCC) application exemption requirements, to locate in any zoning district for a period of up to 180 days. I RACKGROU D• Planning and Zoning Commission received a report on the proposed regulations from staff on January 10, 1998 and considered the draft ordinance at its regular meeting on February 28, 1996. The minutes of those meetings are included in attachment #3. PROGRAMS DEPARTMENTc QR ORQUES FF CTED Police, Fire, Planning, Building Inspections and Code Enforcement. ELKAI" None I Page I r Resp ctfu y submitted: Y 97- =~s Rick Svehla Prepared by: Acting City Manager CL u N • P~toa"xt Harry N. ersaud, MRTP1, AICP Senior Planner App oved: / ran i!>%U k HOobbins ,A[CP Director, Planning and Development Attachments: 1. Ordinance 2. Research of temporary uses allowed by other cities 3. Minutes of P & Z meetings January 10, and February 29, 1996 Page 2 i y , It". puse6.ard ATTACHMENT 1 "J027--- ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 35-76 AND 35-77 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AND CREATING DIVISION SIX OF ARTICLE III OF CHAPTER 35 TO ALLOW TEMPORARY USES ON A PERMIT BASIS; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That section 35-76 of the Code of Ordinances of the City of Denton, Texas is hereby amended to add the following to the existing list of definitions; all provisions of section 35-76 not specifically charged herein shall remain intact and in full force and affect: Temporary use means a use granted a temporary use permit by the building official in accordance with division 6 of Article III of the chapter. SECTION II. That section 35-77 of the Code of Ordinances of the City of Denton, Texas is hereby amended to add the following to the existing table of permitted uses; all provisions of section 35-77 not specifically changed herein shall remain intact and in full force and effect: Sec. 35-77. Use regulation districts? use of land and buildings. [text of general provisions unchanged) TABLE OF PERMITTED USES 717E OF USE A SF•16 SF-13 SF•10 SF•7 2F SIF•R 11 MF-1 SIF-2 P OAR O NS GR C CB LI HI PD N TEMPORARY USES, 87TH PER?AT (SEE DEFINITION) TENPORARY US- X X X X X 1XI-XII X. ES, EXCLUI CONCRETE OR ASPHALT BATCHMO (SEE DEFINMON) TEMPORARY US- X X X X X X X X X X X X X X X X X X Y. ES, CONCRETE OR ASPHALT BATCH- [NO (SEE DEFINI- TION) Only for ion-residential PD. a , A7rndt Na Almdz Ittm SECTION III. That the Code of Ordinances, Denton, Texas, is hereby amended by adding division six to Article III of Chapter 35 of the code, which said division reads as follows: DIVISION 6. TEM'-ORARY USES Sec. 35-131. Purpose. The purpose o article is building official to permit certain specified ruses the certain specified zoning districts and use classifica- tions for limited periods of time, upon application for permit and satisfaction of predetermined criteria. The decision of the building official may be appealed to the board of adjustment, pursuant to §35-42 (a) of the code. Sec. 35.132. General provisions. (a) Applicant. The applicant for a temporary use permit, if a natural person, shall be at least eighteen (18) years of age. If the applicant applies for a permit on land belonging to another, the applicant must provide the building official with a notarized copy of the owner's written con- sent. The applicant must be domiciled in Texas or provide a registered agent for service of process within Texas. (b) Location. No temporary use shall be allowed in the visibility triangle, as defined in §18-196 of the code. (c) RegMired information. The applia!aat shall provide the building official with the following information. (1) Boundaries and dimensions of site. (2) Distance to nearest buildings. (3) Distance to adjacent streets and curbs. (4) Details of on-site traffic circulation and parking. (5) Locations and detailed specifications of neci ssary electrical sources. (6) Locations of available permanent or portable sanitary facilities. PAGE 2 1 E =AM~ Ldal (7) Locations, :Ypes and sizes of temporary structures. (S) Estimates of daily attendance. (9) Such other information as requested by the building official, reasonably related to the protection of public health, welfare and safety. (d) Revocation of temporary use ermit. The building official may revoke a temporary use permit if he or she determines that: (1) The applicant has misrepresented any material fact on his or her application, or supporting materials. (2) The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. (3) The operation of the temporary use vio- lates any atute, law, ordinance or regula- tion. (4) The jperation of the temporary use con- stitutes a nuisance or poses a real or poten- tial th,_iat to the health, safety or welfare of the ublic. (e) The bv.lding official may proscribe reasonable conditions upon a temporary use permit to protect the publi. health, safety, morals, and general welfare of the community, with particular attention to areas proxin;ately located to the permitted temporary use. Such conditions may include, spe- cific performance standards, noise mitigation mea- sures, lighting restrictions, restrictions on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, and other standards designed to minimize adverse im- pacts upon surrounding areas. (f) The official's decision regardingF,porlrevocation h lof, a temporary use permit to the board of adjustment within ten (10) days of the decision, by making written application to the city secretary. Alter- natively, either the applicant or the building official may apply directly to the board of adjust- ment for a special exception, pursuant to §35-52 of PAGE 3 r I Aq~n9a Nv, the code, and consistent with the standards estab- lished within this division. ' (g) Upon expiration or revocation of a temporary use permit, the applicant shall clean the site of all debris, whether generated by the temporary use or not. (h) The owner's or applicant's violation of any requirement of this division may be prosecuted or enjoined as a zoning violation. Such remedies are cumulative of, and in addition to, other remedies which may exist at law or equity. (i) Neither the grant of a temporary use permit, nor the permittee's compliance with its terms, shall constitute a defense to prosecution under any law or ordinance, other than as stated in this subsection. A temporary use permit serves only to conditionally permit the temporary use of property in a manner which might otherwise constitute a violation of 535-2 of thia code, provided that the permittee strictly complies with all permit re- quirements and restrictions. Despite the fact that a temporary use permit may prescribe standards which are either more restrictive or less restric- tive than those imposed by other laws or ordinanc- es, it is the permittee's responsibility to fully comply with all such laws and regulations, whether addressed by the permit or not. The city does not warrant that compliance with a temporary use permit will ensure compliance with any other law or ordi- nance. Sec. 35-133. Events of public interest. (a) Description,. Events of public interest in- clude outdoor concerts, carnivals, circuses, and similar temporary events, intended to appeal to the public at large, rather than any specific, targeted group. Permitting decisions shall be made without regard to the content of protected speech. (b) Eligible zoning classifications. Events of public interest are limited to the A, OAR, GR, C, CB, LI, and HI zoning districts, as well as PD zoning districts which are not residential in character or function. (c) Maximum duration of Permit. A permit for an event of public interest may not exceed 21 days in PAGE 4 y Agenda lip ~o duration and may not be renewed. only one permit may be issued per event. (d) Permit criteria. The building official may grant a temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regula- tions. Sec. 35-134. Christmas tree sales. (a) Description. Christmas tree sales encompass the sale of healthy, non hazardous, cut or live evergreen trees, wreaths, and tree stands. (b) Eligible zoning classifications. Permits for temporary Christmas tree sales are limited to the A, OAR, GR, C, CB, LI, and HI zoning districts, as well as PD zoning districts which are not residen- tial in character or function. (c) Maximum duration of permit. Permits for Christmas tree sales may be effective for any time period between Thanksgiving Day and December 31 of any calendar year. (d) Permit criteria. The building official may grant a temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regula- tions. Sec. 35-135. Temporary concrete or asphalt batching plants. (a) General Requirements (1) Applicants for a permit to operate a temporary concrete or asphalt batching plant must submit a letter from the Texas Natural Resources Conservation Commission (TNRCC) indicating that the proposed facility is exempt from the permitting procedures under the standard exemption, as adopted and amended from time to time. (2) All stockpiles shall be sprinkled with water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. PAGE 5 J 4 7 ^C3 (3) The facility shall be operated in a man- ner which eliminates unnecessary dust, noise and odor (including, without limi, and covering unloadtirucks tation , hoppers and chutes loading unloading devices and mixing operations; and maintaining driveways and parking areas free of dust). a{4)sphal Tthefor fac the ity spemucistfic subdiproducevision concrete or or rete pro- ject site upon which it is located, and may not produce concrete or asphalt for any other unrelated subdivision or project. batch 5) Spille shall cement ( cleaned fly ash used in the immiately and contained or dampened to mini ize dust emis- sions due to wind erosion and vehicle traffic. (6) All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a final layer of wet sand, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions. (7) Temporary concrete batching plants (in- stockpiil s) associated e be located at least 300 feet from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the bound- aries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project. (8) Temporary asphalt batching plants shall be located at least one half mile from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located. (9) Applicant shall clear the site of all equipment, material and debris upon completion of the project. (b) Maximum dur tion of ermit. A permit shall be valid for a period not to exceed 60 days. No more than three permits may be issued for the same site PAGE 6 r Y f, 3I.Q *Y g~, 61a AC:ili Item Date or project within the twelve month period following the original date of issuance. (c) Hours of operation. The facility may operate only between the hours of: 6:00 a.m. and 8:30 p.m., Monday through Friday, from June 1 to Sep- tember 30; 7:00 a.m. and 8:30 p.m., Monday through Friday from October 1 to May 31; 8:00 a.m. and 8:30 p.m. on Saturdays; 1:00 p.m. and 8:30 p.m. on Sundays. (d) EZivible zoning classifications. Temporary batch plants are eligible for permitting in all zoning districts. (e) Revocation of permit. In addition to the reasons enumerated in 535-132 (c), the Building Official may terminate or revoke a permit for any of the following reasons. (1) The facility fails to comply with any of the requirements as listed in this Section. (2) The facility violates any of the stan- dards as listed on the standard exemption list adopted by the Texas Natural Resources Conser- vation Commission and amended from time to time. SECTION IV That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity 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 V. That this ordinance shall hecome effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1996. BOB CASTLEBERRY, MAYOR PAGE 7 c t ;:nAr d;;rData ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 8 r 'v ATTACHMENT 2 RESEARCH DE CITIES IT R P F Allen: Construction office in an approved residential subdivision directly relating to the construction. Sales office in an approved residential subdivision for display purposes. Temporary uses of a religious or philanthropic nature. Temporary sales of seasonal products such as firc%Nood, cut trees, plants, fruits, etc. Carnival, circus, fairgrounds, parking lot sales, spoiling events, political rallies and the like are allowed for a period not to exceed thirty (30) days. Arlington: Construction office Real Estate Sales Office Carnival or Amusement Rides - for 8 days, 2 times per year; indefinite permit as long as Building Official is given 10 days advance notice; permitted under special exception provisions. Telecommunication Tower/Antenna - 40' maximum height, or 15' above roof if house is over I story; 30 day maximum. Carrollton: Agriculture uses on unplatted land. Real estate sales office - limited to period of sale of 90% of lots On-site construction office - limited to construction period These temporary uses permitted in all zoning districts, except real estate sales office in multifamily and nonresidential zoning districts. Denton: No temporary use regulations. Uses which are temporary in nature, as shown in the existing Table ofPeimitted Uses, include: Temporary Asphalt or Concrete Batching Plant Occasional Sales Field or Construction Office Grand Prairie: r A~in,a t:o. Manufactured structures (portable buildings, mobile homes. etc.) for nNAW or until repairs, renovation or remodeling is complete. Dale Grapevine: Carnivals not permitted within two hundred fifty (250) feet of a residential district. Circuses not permitted within two hundred fifty (250) feet of a residential district. Fairgrounds not permitted within two hundred fifty (250) feet of a residential district. Religious assemblies not permitted within two hundred fifty (250) feet of a residential district. Sports events not permitted within two hundred fifty (250) feet of a residential district. Political rallies not permitted within two hundred fifty (250) feet of a residential district. Concrete mixing or batching plant not permitted within two hundred fifty (250) feet of a residential district. Lake County, Illinois: Animal show or animal exhibition. Batch plant for road construction at least 1,000 feet from residential uses for a maximum of fourteen (14) days. Carnival or circus for a maximum of fifteen (15) days and with a setback of 300 feet from a residential structure. Christmas tree sales for a maximum of forty-five (45) days. Contractor's office and construction equipment sheds for a maximum permit of one (1) year which may be renewed. Only stipulates office removal after completion t f construction project. Real estate sales office in any district with maximum permit of one (1) year that may be renewed throughout the sales period of the project. Seasonal sale of farm produce permitted on parcels with minimum area of eighty-thousand (80,000) square feet and minimum road frontage of ninety (90) feet. Permits are for a maximum of six (6) months per calendar year. If the site is used for growing a minimum of fifty (50) percent of the produce sold, the owner or operator of the site may import farm produce not grown on the site for seasonal sale. Plano: No provisions for temporary uses. ZONING C1 i1~n A SF-16 SF.IJ SF,10 SF 7 7.F %9 A MF 1 MT 7 P OAR 0 %5 GR C f8 L7 HI PD n t t~ 2 Y Y i1FE LSE ~ If :3 z ~~vs ~r r zh ?i ~h s am a~ a xat •~m ~c 2S z= ° Y'~ Is ~,s tY iZ Y Z31 z z 3 i3 z3 3 z3afi1 -3 =3 kZ zs r ;Z ZO BE CO CG :°Cl Iqz In a Cx< C zs~ Cm VG GC JO ~C S HEAVY MACHLNERY SALES AND STORAGE % JOB PRLNTLN'G OA.VrM" . PER PR%"rDi0 X X X x X LAUNDRY ALA.NT rCOILMER. CIALI X x x x x MILx DEPOT, DAIRY OR ICE C REAM PLR.\T X x X % x PANT SHOP PETROLEUM PAODL•CTS X X X X X STORAGE-WHOLESALE % X % PLLMBING SHOP _ SAM). GRAVEL OA EARTH X x X x I SALES OR <-TOWE 5 SCIENTIFIC OR RESEARCH S x x 5 LABORATORIES S x x X x x STORAGE AND SALES Or FL•R.NI•I'Lw ORAPPL L4,XCFS OUTSIDE A BLTLDLNO % X x x STORAGE OR SALES WARE. HOCSE X x x z x TRNUR RxN'TAL OR SALES TAANSIER tTORAGE AND X X A X A B~'wx ~~'u' x x x x x WHOLESALE OFFICE AND SAACPLE AoOM Y ? X % X X X L N OtTAAL RESO LW I STORAGx A\D LXTR,k^T!O Y EXTRACTION AND STORAGE OF SAND, CALICHE, STOVE, 5 CLAYORGRAVEL 5 5 X X PETROLEUM OR GAS WELL S PETROLEUM COLLECTING S x x OR STORAGE FACILMES 5 S x x MINING OR MRACE OF MINLNG WASTES s % x M SPECIAL LNDLMIAL PROCMt.S ASPHALT CA CONf 0.ETE BATCH ISO PLANT TEMPORARY BATCHING PLANT NTTH SPECIFIC USE PERMIT x % BRICK KILN OR TILE PLANT 5 CEMENT OA HSSRAT ED S x •X { LIME MANUFACTURE S X DLSIP OR 5A\'1TAAY FILL ARE.I S 1![`f", , ^ °Ai.E OF CC S X X CRETE 5 .X X r ('FEN SALVAGE YANG FAA RAi,S CA MACHINERY ETC ` 5 R 1 SMELTER OR REPLN'ERY ~ S t GENERA!, MAYITACT: RING AND IYSI'STRLAL CSEa f Sapp No 5 2,521 t CITY OF DALLAS ,t, t;~ O 1 Temporary concrete or asphalt batching plant. a r~ ' a. D - - efinition: At temporary facility for nixing cement or asphalt. b. District permitted: Special authorization by the building official is required in accordance with the additional provisions for this use. c. Off=street parking: (1) Required off-street parking: Two spaces. Off=street parking requirements for the use may be satisfied by providing temporary parking spaces that do not strictly comply with the construction and maintenance provisions for off=street parking in this chapter. The operator of this use has the burden of demonstrating to the satisfaction of the building official that the temporary parking spaces: aa. are adequately designed to accommodate the parking needs of the use; and bb. Will not adversely affect surrounding uses, (2) No handicapped parking is required, d. Required off-street loakding: None. e. Additional prevision: (1) A temporary certificate of occupcncy is required for this use. The building official may issue a temporary certificate of occupancy in any zoning district for a temporary batching plant to mix, compound, and batch concrete, asphalt, or both, for a public or private project, The certificate is valid for six months. The building ^fficial shall deny the certificate if he determines that on-site fencing, screening, or buffering elements do no provide adequate protection for adjacent property. If the project is rpt co;npleted within six months, the building official may extend the certificate to complete the project. (2) A person to whom a temporary certificate of occupancy is issued shall: aa. Comply with city, state, and federal laws at the batching plant site; bb. Clear the site of equipment, material and debris upon completion of the project; cc. repair or replace any public improvement that is damaged during the operation of the temporary batching plant; and dd. Locate and operate the temporary plan in a manner which elimiates unnecessary dust, noise, and odor (as illustrated by, but not limited to covering trucks, hoppers, chutes, loading and unloading devices and mixing operations, and maintaining driveways and parking areas free of dust.) J (3) A person shall only furnish concrete, asphalt, or both, t the speh which the temporary certificate of occupancy is issued. (4) The placement of a temporary batching plant for a priv r to the site of the project. The board may grant a special exception to this requirement when, in the opinion of the board, the special exception will not adversely affect neighboring properties. (Ord. Nos. 19455; 19786; 20411; 20478; 20493;21002;21456;32026) CITY OF FLOWER MOUND 1. Asphalt or concrete batching plant (temporary). A temporary asphalt or concrete batching plant permit may be approved by the Director of Community Development, subject to the following conditions. Any exceptions to the following conditions shall require approval of the Town Council. a. The batching plant site shall comply with all applicable provisions of the town, state and federal laws. b. The batch plant shall not be located within six hundred feet (600 of an inhabited residence, c. Hours of operation will be limited to Monday through Friday, 7:00 a.m. to 7:00 p.m., and Saturday, 9:00 a.m. to 5:00 p.m. Aggregate trucks shall be prohibited from hauling to or from the site on Saturday, d. The batch plant permit will be valid for a three (3) month period. e. No portion of the batch plant or its operation shall be located c a public or private street, or on land dedicated to the Town for parks and open space. f. The batch plant shall only furnish concrete, asphalt, or both, to the specific project for which the tempo, ary permit is issued. The placement of a temporary batching plant for a private project is restricted to the site of the project, S. The temporary plant shall be operated in a manner that eliminates unnecessary dust, noise, and odor ( as illustrated by, but not limited to, covering trucks, hoppers, chutes, loading and unloading devices and mixing operations, and maintaining driveways and parking areas free of dust.) h. The site must be clear of all equipment, material and debris upon completion of the project. 1. All public improvements th„ t are damaged during the operation of the temporary batching plant must be repaired or replaced within thirty (30) days of the completion or the project, j. Upon expiration of the temporary permit and cessation of activities, the Director of Community Development and permittee shall walk the site to verify compliance with these special conditions. Il I L ATTACHMENT 3 P&Z Minutes 1>G ndr:o. - January 10, 1996 ~}1ra t em Page 30 Mfr, !ones: It seems to me that the better side for the sidewalk would be on the south side and I am just wondering how we ended up on the north side? I understand that the street is going to be widened as well. Mr. Salmon: No actually the street is not going to be widened. In our capital improvements program we are going to be rebuilding the street. I think that we have gotten an alignment on the north side where we will remove as little landscaping and fencing as possible. In this location is it better on the south side but as you get farther to the west you go throug' a section where the houses are fairly clor.; to the road and there is a lot of real dense landscaping on the south side. Many of ttiose residents really didn't want the sidewalk on that side and there are some drainage concerns too on the south side. Mr. Jones: The users of that sidewalk are going to come from the south side and you are going to have them crossing a very bury street t) get to the sidewalk and : a,n wondering if they are even going to cross the street. Mr. Salmon: Our initial alignment was on the south side of the street but through all of the neighborhood input that we had it ended up on the north side. Mr. Powell: I move that we approve the removal of the tree. Ms. Flemming: Second. Sfs. Russell: Any discussion? All in favor please raise your right hand. opposed same sign. Approved. (5-0) X. Receive a report, hold a discussion and give staff direction Hith regard to temporar) use regulations, including temporary batch plant. Ms. Schertz left at 9:35 p.m. Mr. Persaud: Staff has prepared some draft regulations for allowing Christmas tree sales, events of public interest and religious events in certain zoning districts. Also there are some regulations in here for temporary asphalt and concrete batching plants. What we are looking for is some directions from you before we draft these regulations to take them before the City Council for adoption. (Went over the general requirements found in backup starting on page 144 and the regulations for each temporary use category.) Mr. Jones: When they apply for this permit is there a deposit that they have to pay? Mr. Persaud: There will be a fee associated with it. Mr. Jones: Under the Christmas tree sales inhere }al say that the site has to be cleaned up afterward, if they don't clean the site do we collect enough money so that cleaning can be P&Z Minutes January 10, 1996 Page 31 done? _42~~ ' Mr. Persaud: The property owner would be responsible for the cleanup. Air. Jones: Does the landowner understand his that tells him that he responsibilities? Is there some kind of notice will ultimately be responsible for the cleanup? Mr. Persaud: It is not explicitly stated anywhere, but he is given written permission for the temporary use, the landowner and he has Mr. Jones: I pink that it would be good if the landowner H'as somehow fact that he is responsible for making sure that the cleanup is done on he land. of the Mr. Drake: How did the category of religious events come illto being and what is the Purpose of it? Mr. Persaud: When the church organizations hold their revivals and that kind of thing. Mr. Drake: We could have some first amendment issues there that later. Is there some reason that it has to categorized as rel Ae may need to discuss kind of temporary use? That could be a problem. i "-""us as opposed to some other Mr. Jones: And there could be a problem when you put a limit on the hours of operation for them and not for anybody else. Mr. Drake: Yes. and also if its available to a religious organization and not to anAlso, what is a religious organization? There are a number of camas on this where it is a proble,n. Y~dy else, Mr. Persaud: We can look into th;s some more, but if there is a problem with religious events then what if we just do Christmas tree sales and events of public interest. We can just eliminate religious events and they will fall under the category of events of public interest, (Consensus to eliminate religious events.) Mr. Jones: In the public interest. number 2, when you are talking about a ninety day ~-;,sration at the location are you talking about the same applicant? Mr. Persaud: When it was written up we didn't t1ink that it was the same be different applicants. If the site was used in the past ninen da s applicant, it could out events so that it doesn't home a nuisance at y the idea here is to space it is allowed by right then they wouldn't have toco Ow locor. mein for Those o temporary use permituhere Mr. Jones: If you had people that wanted to promote a concert once every forty-five days r L i P&Z Minutes Ap 1a 1,13 January 10, 1996 a.;nda e; Page 32 then you couldn't do that, that would be a heck of an economic thrust into the city. Or the Civic Center could only be used four times a year. Mr. Persaud: Those zoning districts where temporary uses are allowed by right don't require a permit. A good example of what this applies to is if you wanted to hold a circus in the Walmart parking lot. They don't have to provide additional parking and that is using up parking spaces, it is in a public area, and it is their temporary use. We don't want to convey that it is going to be a permanent thing and that it goes on every forty-five days, because it does cause some inconvenience with traffic flows, utilizing parking spares, and other factors. That is what it was intended for. Mr. Powell: So what you are saying is that at the fairgrounds they don't have to apply for this at all. They are not under this and neither would any city building that holds events. Mr. Persaud: Right, they don't have to apply for it because those uses are allowed by right in those buildings, or those zoning districts. Where it is not allowed by right, temporary uses of this sort, they will be permitted based on these conditions. Ms. Russell: You are not going to allow a Fry Street fair to occur every twenty-one days, that is what you are saying, as an example. Mr. Robbins: That is a t:mporary use and it is an event of public interest. Mr. Jones: What about on the square? You can't do but one thing every ninety days on the square? Is that what you are saying to me? Mr. Robbins: Yes. Mr. Jones: What about in the summertime when they hold the concerts on the square? Mr. Persaud: In the summ°rtime they don't get any permits. They have been doing those all along. ;fir. Drake: There is the issue of the square being county property. Mr. Persaud: We drafted these regulations two years ago with the Zoning Task Force and we didn't do anything about it. We are looking at this from the standpoint of public safety and welfare. We don't have any regulations goveming this right now and we are trying to put together some regulations which take care of public health and safety. We looked at the public health and safety issues that surround these temporary uses and if we can address them and provide for them then we clear ourselves, and the developers know what they can do as well. That is the background of doing these, hfr. Powell: What about prov'~ ing sanitary facilities? Will that be a reason to deny the 1 S w P&Z Minutes January 10, 1996 ? T Page 33 ow cV) temporary permit? The way that this reads is that there need to be sanitary facilities for Christmas tree sales. Mr. Persaud: The idea is that the applicants for temporary use permits ought to make some arrangements with nearby uses to use their sanitary facilities. It ought to be provided for because it will be attracting members of the public. Sometimes you are paying to go to that event and some sanitary facilities should be provided. We are not requiring sanitary facilities for Christmas tree sales. Mr. Powell: If they don't meet all of these requirements will they be denied a temporary permit? Mr. Drake: Any type of permit is going to have some set of stringent standards so that nobody can accuse the staff of making any kind of a bad judgement. That is why Harry is bringing it before you so that you can review the standards and any that aren't appropriate can be eliminated at this stage. Mr. Persaud: When we organized this thing there were a number of other temporary uses that were added to this and were taken out subsequently. The general requirements remain the same, but it was not intended that you had to have sanitary facilities for Christmas tree sales, and it was not intended that you had to have security arrangements for Christmas tree sales. What I think I need to do is to pull these apart and list the conditions for the uses according to the uses. Mr. Jones: Did we come to a conclusion on this ninety day thing? Sir. Powell: You could put in the ordinance that the downtown square is excluded from this. Mr. Robbins: There is a specific zoning district in that area and we might do it that way, Dr. Drake: Isn't that CBD (Central Business District), CBD is not included within the eligible uses and temporary uses anyway is it? The square wouldn't even be an issue under this. Mr. Jones: That is fine if it isn't. 1 am just tr)ing to think of situations where things go on more often than four times a year that would fall tinder this, and that they wouldn't be able to do that under this, Mr. Powell: I don't think the ninety days is a problem as long as we don't mess up things for the courthouse on the square. Mr. Persaud: I will move on to temporary batch plants now. The proposal is to allow temporary batch plants as a temporary use. (Covered the general requirements.) I 4 ` i P&Z Minutes tro 0- January 10, 1996 ^aa ren Page 34 are Mr. Jones: This portion is to prevent us from having to deal with the situation that we dealt ' with last month? Mr. Persaud: Yes. We researched Flower Mound and Dallas. They have similar regulations allowing for temporary use of concrete batch pla,.is and that is included in your backup. Mr. Powell: I don't see any problem w:th those. Mr. Jones: Me too. Ms. Russell: 1 suppose we need a motion on that to recommend to Council. Mr. Persaud: We would like to move on and do a draft ordinance and take it to Council for adoption. Mr. Powell: I move that staff prepare a draft ordinance based on the backup material that we received tonight and the comments brat they received from us. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (4.0) XL Receive a report, hold a discussion and give staff direction with regard to draft regula:ions for recycling facilities, location of accessory buildings in the single family, residential districts, certificate of occupancy requirements and the zoning ordinance review schedule. Mr. Persaud: When we had the work session with you on the zoning ordinance there were some items that you were concerned about and asked that we bring them back before you. One of the items was design guidelines and this may not be the time to review those because we have sent those out to the consulting attorney and he is currently reviewing that. We-will have time to go over those issues later with the consulting attorney. We wanted to brief you on how recycling facilities will be dealt with in the proposed ordinance. There are five categories of recycling collection centers: there are public recycling centers, then there is recycling centers for household recycling materials. The third category is recycling collection center for household metals, indoor recycling collection centers for industrial metals, and the final category is outdoor salvage yard or recycling collection center for industrial metals. When we did this draft ordinance we researched existing recycling facilities in Dallas, Carrollton, and some other cities. ( Went over the definitions and examples for each of the categories which were in the backup. Also covered the recycling collection center conditions found on page 181 in the backup.) Ninety cubic yards is the largest dumpster that we have in the city. We used industry type standards on this. P&Z Minutes P'9c'd3 tro. February 28, 1996 ' Page 10 VII. Hold a public hearing and consider making a recommendation to the City Council with regard to an ordinance amending section 35-76 and 35-77 of the Code of Ordinances of the City of Denton to allow temporary uses on a permit basis. Ms. Russell opened the public hearing. Mr. Persaud: Staff visited with you on January 10th regarding some proposed temporary use regulations. We had done some research of other cities and presented that to you and you directed staff to prepare a draft ordinance. The draft ordinance authorizes the building official to permit specified temporary uses in specified zoning districts for limited periods of time. (Covered temporary use requirements for events of public interest, Christmas trees sales, and temporary concrete or asphalt batch p!arits.) Mr. Cochran: As I understand the concrete batch plants can be permitted in all zoning districts and will be valid for six months? Mr. Persaud: Yes, one permit is good for sixty days and they can have three permits. We spoke to people in this industry and what we we,~e told is that the plant is an expensive piece of equipment and they don't want to have them out there for six months. If they have paving to be done, they get the plant set up on site, they get the paving done and then leave. We did it this way for the subdivisions that work in phases, and to work around weather conditions. Mr. Cochran: I am concerned that there is now separation of time between the permits. It means that someone could keep something there for a hundred and eighty days. Mr. Persaud: With the temporary use permit the building official may revoke a permit if the use doesn't meet the requiremer!s, or he can refuse to issue another permit. Also if there are complaints from the neighborhood then TNRCC will send someone out to investigate it. We are only going to be issuing a permit based on a letter of exemption from TNRCC. We will not even issue a permit without that letter. Mr. Powell: On page 5, Section 35-134, Christmas tree sales, the way that this reads they couldn't sell Christmas tree stands, live Christmas trees, or plastic Christmas trees. I think we have gone overboard on defining Christmas tree sales. Christmas tree sale lots typically sell stands. Mr. Drake: We do want to be as specific as possible and there is no reason that Christmas tree stands could not be included. If you get too broad there is always the potential for abuse. We can include whatever you feel is appropriate in there. I feel that from a legal perspective that we do need to define it to whatever degree it is. Mr. Powell: I would like to say that I recognize what you are doing and 1 even agree with what you are doing. To read it just scares me. 1 would like to say Christmas tree sales J t P&Z Minutes 7cr•a t o February 28, 1996 Page 11 o: - encompass but are not limited to the sale of healthy trees. If we could count on the building official looking at it reasonably then who cares, but who knows ten years from now. Mr. Drake: There is the other side where the building official says that something is not related and denies the permit. Part of the purpose here is to give some guidance to the building official because the building official can't operate as an ad hoc legislator. I think that we do need to be specific here, to the extent that you can identify stands, wreaths, or anything else that you feel is appropriate for inclusion in this. I don't think that there would be any problem with listing those things. Mr. Persaud: Could we open it up some to say associated Christmas items? Mr. Powell: If we take out "cut" and 1 would like to add stands and wreaths. Ms. Schertz: What about yard decorations? Mr. Drake: In order for this to be most defensible it needs to be kind of a cook book formula that the building official can follow. If there is something that is more specific, if there is an unusual circumstance there is always the avenue of special exceptions, or something of that nature. There are probably a hundred things that we are leaving out. We could put "cut or live" and describe decorations in such a way to make it fairly definite that wouldn't be a problem. Mr. Powell: That sounds good. Ms. Russell: There is no one here in the audience except for two staff members so we will close the public hearing. Mr. Cochran: What bothers me is that we have limited where public events can take place and for how long and on temporary batch plants they can take place anywhere and for as long as six months. This concerns me. If there was some kind of separation between these permits then I would feel better about it. Mr. Powell: Most of this ordinance is based around events and the batch plants aren't. They are a construction devise. They have to depend on the weather and it takes time to come before the Commission and the Council. Timing is a big factor. If I am reading this ordinance correctly it says that they can't run these plants if it causes a problem because of TNRCC. Mr. Cochran: You make a good point for every zoning district except of residential. It is when it concerns a residential area that 1 am more concerned. I think that we might want to limit it somehow. Mr. Powell: It is possible to have a residential area and not have a h,)use within five v I P&Z Minutes February 28, 1996 Page 12 A?, Date y hundred yards. Ms. Russell: This came up with the Villas of Piney Creek and it was more desirable to have the batch plant as opposed to having concrete trucks driving in and out of the site. It is safer and cleaner to have it on site, Mr. Cochran: That's a good point and one I hadn't thought of. If there is any sort of a distance regulation for the batch plant that would be helpful. Mr. Drake: One of the key things that Mr. Morgan did bring up in his review of this was to suggest the possibiltty that the building official could impose conditions upon the permit. One condition might be that if the person is planning on locating the batch plant right up against the boundary of a residential subdivision, then it might be a valid condition to have it moved up closer to the street. When looking at duration the builder is going to have a vested interest in getting in and out as quickly as possible. Ms. Russell: There is some distance requirements in the ordinance, on page 6. "Temporary batching plants shall be located at least one half mile from any recreation area, school, residence, or other structure not occupied or used solely by the owner of the property upon which the facility is located." So that gives you a half a mile separation. Mr. Cochran: Okay, that is protection enough it would seem to me. 1 am sorry I hadn't read that before. So it couldn't back up to a subdivision and pave all of the roads for the next one over. Mr. Robbins: For clarification there is a three hundred foot separation for concrete plants and half mile for asphalt plants. That is just the state's law. Mr. Cochran: That three hundred feet is reasonable I think. Mr. Powell: I move to recommend approval of this draft ordinance to the City Council with changes in we made in the Christmas tree sales. Those changes were to add sales of Christmas tree stands, wreaths, and to include live trees. Ms. Schertz: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5_0) VII17, Receive a report, hold a discussion, and give staff direction concerning Planning and Zoning rules of procedure. Mr. Robbins: This is an item that Commissioner Schertz asked us about and we researched Flower Mound. t ) Apend~ rlo. C I~t Apends hem one _ ~ - to DATE: March 5, 1996 CRY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Hold a public hearing and consider an ordinance rezoning 5.4912 arses from the Single Family 7 (SF-7) and Multi-Family 1 (MF-1) zoning districts and use classifications to the Light Industrial Conditioned (LI(c)) zoning district and use classification. The subject property is located on the south side of McKinney, approximately 1,000 feet west of Woodrow. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request, five in favor, none opposed, and one abstention (5-0-1). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Respectfully submitted: Ric Svehla Acting City Manager b s, a Agen6a no, b A_m r~rca rr r, _ Prepared by; o. Walter E. Reeves, Urban Planner Approved: rank Robbins, ICP Director Planning and Development Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment #3: Draft minutes of the February 14, 1996, P & Z meeting. F eft ~b 6 PLANNING AND ZONING COMMISSION R To: Denton City Council From: Denton Planning and Zoning Commission Date: March 5, 1996 Subject: Z-96-001 GENERAL INFORMATION Applicant: Denton County Public Facilities 306 N. Loop 288, Suite 115 Denton, Texas 76201 Owner: Same as above. Action: Rezone 5.4912 acres from the Single Family 7 (SF-7) and Multi- Family 1 (MF-1) zoning districts to the Light Industrial Conditioned (LI(c)) zoning district. Location: The subject property is located on the south side of McKinney, approximately 1,000 feet west of Woodrow (See Attachment 1) Surrounding Zoning and Land Use: Nor*,i,: Single family residential land use, SF-7 zoning. South: Vacant, County owned proper, LI(c) zoning. East: County owned, LI(c) zoning, jail and juvenile detention facility, GR zoning on southwest corner of McKinney and Woodrow. West: Residential uses, MF-1 and SF-7 zoning. Denton Development Plan: Low lntensity Area #52 (129% allocated). SPECIAL INFORMATION The subject property will also need to be plaited. Major issues involving road improvements, drainage, access, and utilities will be addressed during the platting process. BACKGROUND 1969 Entire area of the County Jail Complex zoned Single Family 7 and Agricultural by the adoption of the Comprehensive Zoning Ordinance and Map. Part of the subject property fronting on McKinney is rezoned by Ordinance 69-18. Page 1 Aosods No. [o Dih May 11, 1971 City Council approves rezoning to Multi-Family 1 and General Retail by Ordinance 71- 15. December 5, 1989. Ordinance 89-171 is passed by the City Council approving a rezoning to the Light Industrial zoning district for 7.7536 acres along Woodrow for construction of a radio tower. Shortly after this, the City Council amends the zoning ordinance to require a Specific Use Permit for Correctional Facilities. March 3, 1992 City Council approves Ordinance 92-033 rezoning 19.67 acres from the Multi-Family 1 zoning district to the Light Industrial Conditioned zoning district. April 7, 1992 City Council approves Specific Use Permit for jail expansion. August 4, 1992 City Council approves Ordinance 92-125, amending the Specific Use Permit approved in April. July 19, 1994 City Council approves Ordinance 94-126, rezoning 17.9335 acres of land from the Single Family 7 zoning district to the Light Industrial Conditioned (LI(c)) zoning district. This proposal involves rezoning 5.4912 acres from the Single Family 7 and Multi- Family 1 zoning districts, to the Light Industrial Conditioned zoning district for construction of a new courts facility. There is one item regarding the public notice (200' notice required for the Planning and Zoning Commission) of which the Council should be aware. The notice identified the area being rezoned as being within the Multi-Family 1 zoning district. The Single Family 7 zoning district was not mentioned in the public notice, although it was included on the map accompanying the notice. Neither State Law, nor City Ordinance, prescribe the contents of the notice other than indicating something is happening, and the date, place, and time of the meeting. The notice is consistent on those points. Staff believed this notice met the requirements of State Law and City Ordinance, but could not state absolutely because there is no case law speaking directly to the point. Thus, there is always a chance the notice could be found defective should a court challenge result from this request. Staff felt the case could proceed, and the Planning and Zoning Commission has acted, however, all parties should be aware that the notice could be found defective should the results be challenged. Page 2 NOTICE 7 th"_. Thirty-five notices were mailed on February 2, 1995. Four replies were received, two replies in favor, one reply opposed, and one reply expressing no opinion. ANALYSIS While the "normal" analysis follows, property owned and used by governmental entities must be analyzed differently than properties owned by private entitles. According to the City Legal Department "the power of the City to regulate the usa of County- owned property through its zoning power is limited." This opinion by Joe Morris, former Assistant City Attorney, (February 28, 1992) is based on a Texas Attorney General ruling that political subdivisions are immune from the Municipal zoning power subject to "a rule of reasonableness." The table below will provide a summary of the Plan related analysis for this project. Denton Development Plan Policy Analysis Summary Low Intensity Area Z-96-001 Development Rating vs Policy POLICY COMMENTS e+pnMnmry 6dneWia conu.tenr v"s"'K1"r i1C0" To be consistent with the Plan, a "'r'~ develo Allocated intensity .330 intensity trips, ' pment should not exceed its Proposed Intensity . 1,923 intensity idps, allocated Intensify, x Strict site plan control within 1,600 No site ptan proposed, feet of existing low density residential, X Traffic design to ensure that Mu IL- After plating, the project Wit! have direct family or non-residential uses have access to McKinney, however, as currently access to collector or larger arterials proposed, there Witt also be access to Hickory with no drect access through which as through a residential x residential streets, neighborhood. Suffic,'ent green space, recreational There is no proposal to provide parks, facilities and diversily of parks are recreational facilities, or greenspaea. provided, X Input into planning by neighborhood No neighborhood meeting had been held at associations and councils Is the time of preparation of this staff report, encouraged. X Neighborhood service center Wall within 112 We of this Is the Jail, Juvenile concentration detention facility, Food Lion, and several apartment complexes. Direct access to a x Primary arterial exceeds 3 acres maxis wm size, Multifamily concentration Not applicable x Page 3 V Agend i No. A,oenda 112fn_ Any form of continuous stnp OatC_ ` commercial development is strongly No! appiic~6le. discouraged in or near low intensity areas x Wher a proposal is inconsistent with the Proportionate share Policy of the Plan (intensity) the Commission, and the City Council, typically took four other factors. 1• The location of the proposed development in relation to existing or proposed public facilities, such as streets, water or sewer lines, and drainage facilities. There are public facilities available, and others will be constructed to ser this site, vice 2. The topography of the land, and its effect on possible development. The subject property has been used residentially for along period of time. There will be drainage issues addressed during the platting process, but in this case, while they may be expensive, they probably will not stop the project. 3• Land use in the planning area and surrounding areas. To the west and north is residential use. To the south and east is County owned and use property. 4. Other policies. See summary table. The question to ask at this point is what constitutes "reasonableness." Th and Zoning Commission (5-0-1) found the use to be "reasonable" and is recommending approval of the request. This area should be evaluated for moderate area intensity status during the DDP update process now underway. RECOMMENDATION The Planning and Zoning Commission recommends the condition that the property may only be used for public buildings and administrative offices for local, state, or federal governmnts approval of this request subject to ALTERNATIVES 1. Recommend approval without conditions. 2. Recommend approval with additional/other conditions. 3. Recommend aenial. 4. Postpone consideration. Page 4 ti F F I Agenda g Avat. _ F2e NTS exhibit. opinion from Joe Morris dated February 28, 1992. Page 5 r 'r 415 410 ` - ATTACHMENT 1 10 407 Agendi No, 2&- 6) _ 40 406 406 405 Almr4a Item DAVIS 0a;: 324 323 324 325 321 340 310 320 317 317 1 313 316--t I_315 310 _ 315-- 10 ~1G yl 300 9 1 314 311 305 6 2 921 4 5 1405 1131 1201 1207 1 1311 1417 1317 1403 1413 210 215 1p - - S~ 13% _ 1314 212 211 211 1 - 214 20 20 13141 0 200 - 21 20 i 2fV ms .f 006 1 0 126 o 112 11 11~ 106 11 f IV 104 W 10 71 102 10 33 1A HICKORY 101 314; i 107 116 119 123 J - --W d D 203 301 Lai OFFI ATTACHb1ENT 2 TTd" h~!nda Item TO: Honorable Mayor and Members of the City Council .RCM: Joe D. ,Morris, Assistant City Attorney SUBJECT: Z-92-006, Canton County's Request for Rezoninq CAPE: February 2A, 1992 Canton county has filed a petition With the City of Denton askinq for a change of zoninq on property located near the intersection of McKinney and Woodrow Lane. Although the County has been coopera- tive in submitting zoning matters to the City for its review and approval, the power of the City to regulate the use of county-owned property through its zoning power i,} limited. The Texas Attorney General has ruled that political subdivisions are immune from the municipal zoninq power, subject to "a rule of reasonableness." Op. Tex. Att'y Gen. No. JX-340 (1244) (at- tached). ~We mention this, because at the Planning and zoninq Commisslon s hearing on this matter, there was some discussion about e eCounty that intended the mite and what affect relocation ■iqt the havCounty's court e an the downtown square. We believe that the City probably could not prevent the County from making the relocation or -lsinq the property for any other County purpose unless the City .,ovld show that use of the property would be unreasonable. Respeetfilly submitted, .'p~ D. Kassis JDMrlah lJ par Llo {i. HarrellI Cityy Manager Zxecutive Director of Planning ity Developeant e arty ~X J r, L The Atto rney General of ten -r- / "V VA"OK Jrt:r-@ at" :u1y S. 1384 S.o1iT• C.;,re 911. ' 0'.9 ' 3 101 -tlae voeartble Fred k, 9arker a..un '1741 *.y ?arker Cauaty Aeto ' tk OPiatoa No. ;W.190 1'2.r171ar :aunt 1100474.134? V/achartocd, ho u e T •.coo'« %!1090264 6086 Sit V1ether an auxtuary .ty todlaaa to subleet to ::tY 1•e.sen 4y to vpo 04ar Mr. i ordiaaeeu :au••. r: ~1704•SM derkerr tvr.114,,. ausilYOU ask vhather Parka? Couaty'a U40 of Ntc a eut• a.e 3,,,,a 1b 1ub2ect37cecoi bovee vutbie the clef !fella 4 trait, of laed for 413 t+aue.rx ?"man, <oaeuude that ebec~ty s ~soaing ocdintaees t Of the eouaty seaaa t i!ss •ryi`ei •ub)ect to the oaaty s 14" of lead for aeN building <odee, we that such ord aueteupdo n a soalag ordiumced iaot37 eoo araetohoiter! laaacaeovechouaer v eQt the covaty from naaoatbic 1`01148. Life roe l as its auxiliary -048100 rx. r7003,31ti county 144c. Additloaalll, ve concludeeChthaa A asap figuo !!mutt of eve ytS um vith the aalaictp411ty's building sad fire codes. t01°ty aunt ceeyly 14re•e.•r, s„ re l,t Tea courts bare yet to data 1~e~;jr rlaor.3are ~~entgl pot'1d "of a eaea4 apaeey loeotNtvit$C~pe of a aealcipality'a federal at s4tohee b~lltagto 4cruetuces a eipe !Lies. federal deaetas are ~t tram and load eo atrelied by ~~o4rv rM,n a„r•s Opimie11 J1hIl1 fllq), m mhafelpel 84e11g. Attorney ye.r•n. rx. 71i4t.,~ Property Is sat state grtrerros' 4 Political pr suidu1ialed, s 1ltatia4ar 1+itb searcher palitieal s~~rty for Peal of resel+in Dias+t v~ CA of diriotoel. Astbvr =N s eorafit<cs tx v•,,, a. Ceaaral aPlaiam lM.1p rotoa~ 116 l,tt.2d 33 ai. adsae Sebool I&A atilur•We (1! 2). 1944)1 Attorsar 1 iii4rtl . rx. Jfj%jW A l11ureeiat411! +rieti state lo lalalft cesflleea vitk oe to . 62? !.Y id 1 la+alid. Clt1' of irookalda an tQVtl Oowyoglfw ~a 1!g (Pei. 19406 ,rrr Aulre.cr,a,r t+*wr• lZaL fTmw 44 s Mstievlar !told dam eat amt low sail scam ssl"eipl recolatteel local ra eoottcally Megc that pspH of this olata 1 "Uttem 4114112437 to eed In l t 4 etplit gislsttom to aaesptalo, ld. y say a:aretto 4emiag Poa+er eves 4 ceuatrri coll&ttft less 16441164 , vtebis chit aruletp4tty daPade upon Created of tr11 diflsrrsit, 1at.eti.lly PeMer1, eemfltettmg 1461414tively ~ The coWssioeare cevst of a Canty bsa the 4mchertty to provide au~illaq► eeusibeuaea is the CMC7 wt. I.l.C.g. 4rt. 160la•S, P. 1!4 9 Q9 i A^ene7 Ho MOM; 9.T,C,t, sec. 277Gb, Il. Sube•et 1g'd3V'M 1633&-S mP•ciflcally 4uthorlres the cc I(a)(I) of auasllary ccurehoumes astut a znOF a- 'mmileated as Cho County seat, Ia a, Cho city. C'nm. ►,m runicipoltty added to the I + Part of It became the Count) lade, but ootipali after part of the suaiCipelicy that le outsido the coumtY. (Fsphsals added). Yovaver. the Idlialativ• history dada got indicate that %n an 'yes tat4nded to address a conflict vith city rosini rather, it vas Intended to indicate th ordlnar.eee; at the couae F Pert" the "town centmr." 7 is ant limited co Addltloaally, cc"tlsa have the rllht of amladat domals forhth of uevpaesa of coadaamrlal mad Acquiring land. I 7 of eadaexse Sa lead, Public . . . where mold lead, rl/ht ofvval oe fames•at to necessary in the coaltrygtiont Of . . , e . courcheuses ' n.l.C.S. arc. 32644. Article 6102-10 section 1.3031 spats counties the right of •elosnt dosals for road construction mad sasatanaate purposes vtthla the bousdarisa o! smatctpallcisa and • requires the prior consent of the aftleLpaltty, me sly gar statutory reanicsseae for l9rualy Cor<dpo4etoaa 4 rsstcipality's conaeme apiece co Coast purouaa: to article 12644, CC, Cie of county 246 l.Y.3d 601 (Tat. 1952)1 tl laae"Z"oty V. lee Ssleb 3» s•v.2d 113 (Tax. Cit. App, - tl a,q a see, eoalliee over coudamv tins b ' 04 n1t (raselnelea o9 belon !a to as e u1I y nee political sabdtrtatos of l+rosof Psrssovne use as or" sulidi•tstos altiastely resale :et interests o c te). vhielszol sres44ttea to a reeolatied tool of tomsnslty plantains reatrtet ells sa4 O8IMS41441117, IS It$ lestalaelve dlaersttose to refs pr M rep for tae pretaattom of the neural hesltb, tys ad wlfsrs of this polls. C! of Ireokatde rtl Cased ~!lut?!ef of t.T.C.1. area. 101 a e ) e e - T nnstt! uas Wmeb authertsas bnildty mad toss re Nliti4s)s amm latpal s La e vmck eosfll4to nttli of to taess~steat rrith eats 1 "IsLa °~Uaae tmWO Cl of Iraohaide t! C etslaetam emnset stay. tb• ipls attire satMrLat- t~-en-t~tias qt ayhltakeea•stbeaaa is invalid, P. 145 9c Agenda No..~~~ A;, P Te=as courts dealing with eoatlic school districts M10 6 y to be this raasonia to hold that .e chair zoning pa i xii a etpe~a :annoc usvece cacslil to a:duds the reatanable :do;gndnd of seooF fsetttttee vttta 'de ene school District V. Ctt Of 9ueaae 7 bouadaries~~ A'u~se~ i9 )1; Pxe Arthur :add endene S-100 ~ }o2 S. W.24 6670 ' C.4.41,1 DUtrtet v, tn :ndaeaodent School2DtsetetTe 1960; tit Cte of 632 S.V.2d 7 I of Addison Dallae x962, .sic rat d e.r.eAll App, . school district' s Dalian ovtag such an oxclusioa would dafoot the Dtsteiet V, Cte Paver uas at Vaill~ t~ dsou ee.i Cisein fade eadene Sebael :Idepeadeat SetooF Dhtt, let, _0, Y-~eaa- 11 Of ddtsoe municipalities overrtd4 the 4aiaeat d g ordinaaeaa Of eglSlaturt to otbsr typed of entitled, SSo Cull~Cre6 6raated by the 261 S.W.2d 441 (Tear. CIT. A 311: R a.r.e.); Fort Worth a D,C, pp' oa d l9 C r, Civ. App, . Aaartllo 19466 Writ. rat •d n, r 213 3 W-24 407 r wet d (?Is. At a practical mutter, a political subdivislos's "issualty" from suai49tpal :calno is limited by a rule of raae despite lan" $ to the Suatec Walls• 04abieASSd. For a:aspld• . absolutely tome from a - t- ease that school diserlces stmt esphaalsed that Its boldiat vas? toaias power, this saprese court a that the School District can act vltb lapvaity . • • • 'ibis tamtwlty Is abde aalsda the city n a iir'4s instate can char that that its erereide to d uaraadotubld or erlltrdey,' S02 S.Y,2d at 614 (auotiai with approval from CS of -venck "niverel fl, ddt Of Wasters, 344 A.24 347 a! '►e+o of Aisos I. Da a fad 3Ai (~1• Cb. ) ; sa 0 ,1 7l 3, cosset !49h 1 D Utrtct, 63t l.W, d ie Stailarly, is Tarter To 1440 d@te n S,W,2d 361 (?a, Civ. Aaeri o lublte Service Co., 46! court bel/ ebat, Jdmst a ON eainal tile,, , wit ed a.e,d. . the the esitaemt 400"a /owr o a p" a utillj City did eat usurp Certais ou"ards uadsr ei ti y ~r~ of to we ore* coaeluN that p , to subifte is the alry s t lead ter as 4=111417 de the eo tic t 1114h o~s do sat ordiaty Ing to t? to tins that 17 ourth"" vtt s ghe the eats wo lea f sntieipal ILles et the tbs c teasits h war. 3~41', the coust7 was comply with 491h ftstutioss rdprdiy the coastractiem of its au:,Mary ceurtbft Tams courts diaciapidh bet"" mWeipal contra, o.er the la49ati et bmtllllya of anotber political rnNlHsies sad caserol twe t eesderaeelem at Such bnildia;s, Its $ S de_ t st 67 . P. 796 n~ i :Dort in Port Arthur :ado endaat School DS 12,r -A hal AOaeda No. nuill3np r, lhr, + school di,er3ct siatrtce to fi+oacaaa. rho I441slature31use w cafe a ecboo f withla `u rerylt eb• ciPY I police p v,r raleoloee• +tviat3oaa, port a +untefe'lit :raves, ,u ra Arthur Inds •adent aeteea+r7 health r. did Dot :a~i," olfie~ata6deel thtela ettora+ School Jiatrtct +nci~`t+er cauaty buildin r+tioealerrC`naral v of t• vlthtn CPtan ,4y.)0e (i9t2), codas. Sfe also Atto n+eteiP+lttieeo eouottaa and d,ta rne7 Caoaea! p are rubp+et eo rained chat Plotoo W.til (1957),31+01cip41. fire Althouth p4rticul4r " prevent the loCatio19 of Do23ce pover" be invalid +notAet polit ra 3eel ,~dlvl~=onwhleh, to of fac e, Dta-tr ~ +u ra- -e-'-~ Cie of Addis*% . Dallar I ~e laeilfetee~aar auate3pelit~~~ the v a , author 11 public health does not abto~ate l to loeat111116, eada endent Sehool NorwoM11 = 8ef4ty, and velfare~3etpal authoel buildtejo is + ovei , 236 N,W,2d 64+ cCar+reeaet the , 2S7abN,Y,2d asl see 19 of ►ar a Count t r, lorou h of Ch,s. o,11197j)t Wilk,or/ur Lpncole Pa 'Mar Cm+at r, (?Ia, Dig +tac !1a°a +Mcc Diatrl ct • 17 Jot Water t. CC. APD• 19 44r,a 2 CotmtA. ' 717 10.24 732 Parker County', u tourtbou4e v3thLo th 141W for an coun Se o twa3CiiellSal +us11Lary co191a rue subject to of the a ordina19eea ge t0 tbo 19em14tpe11ty'o ordloaneea do not 7 to the 41=94199 that ft Its aus1114Prere19e eb• eoaaty it. locating The courp ft eoorthooae refaed cwt Comely ei thi awstpoll s the a+ale3yality, courtboaae, cocatruetio* of tor+latiaea` its +us111ary vary truly 7 e J=~ Aeeo It A ! = C ; rat C11w n47 Ga4r43 of Tda" I'M Aaatataat 4ttorW ,eaerel DATM 1Z Cs4ea91re A48 148,48t Ittoney Gooral p. 197 4 ti~ V t P&Z Minutes February 14, 1996 Apen Page 27 HpeM done their homework and we then are looking at rezoning it. I think that we need to honor that. They know what could go in there and they still choose to buy there. I recommend denial of the zoning change for Z-95-041. Mr. Powell: Seconded. Ms. Russell: (6-0) VII. Hold a public hearing and consider a request to rezone 5.4912 acres from the Single Family 7 (SF-7) and Multi-Family 1 (MF-1) zoning districts to the Light Industrial Conditioned (LI[c]) zoning district. The subject property is located on the south side of McKinney Street, approximately 1,000 feet west of Wcodrow. (96-001) Ms. Russell opened the public hearing. Mr. Powell: 1 have a possible conflict of interest. I have talked to our attorney and he has said that we could suspend the rules so that 1 may stay and participate, but I will abstain from voting because I work for the county. I think that I might be able to give some insights and that is why 1 would like to stay and participate. For that reason I am asking that we suspend the rules as proposed by the attorney. Mr. Cochran: The fact that you are a public employee, you don't have a financial interest in that and I don't see that there is a conflict there, unless our attorney sees it. Mr. Bucek: The problem is that under that state regulation where it talks about if more than twenty percent of your salary comes from the entity that is bringing the case then that is what is the conflict. Your advise in this item is advisory to the Commission, so this is a rule you couldn't suspend if you were acting in a governmental capacity, but acting in an advisory capacity you could suspend the rules and that is why I suggested that you suspend your rules so he could give some input. Ms. Russell: Your motion is that we suspend the rules. Mr. Cochran: I'll second. Ms. Russell: All in favor please raise your right hand. Opposed same sign. Approved. (6-0) The rules have been suspended. Mr. Reeves: This is a rezoning case brought to us by the Denton County Public Facilities to rezone 5.4912 acres from Single Family - 7 and Multi-Family I zoning districts to the Light Industrial Conditioned zoning district. There is a lot of background information in the staff report about what has happened over the years in this area. The County has been working to establish a governmental complex on the site. This is a little bit different than our normal rezoning request in that you have a legal opinion from 1992 that basically says that the power of the city to regulate the use of county owned property through its zoning power is limited. This opinion was rendered by Joe Morris, a former assistant city attomey. y I P&Z Minutes February 14, 1996 Page 28 i It is based on a Texas Attorney General decision by I believe Mr. Maddox, that ruled that political subdivisions are immune from the municipal zoning powers subject to a rule of reasonableness. It doesn't necessarily explain what that reasonableness is, it is kind of left open to interpretation. Staff is recommending approval of the rezoning subject to the condition that the property may only be used for public buildings for local, state, or federal governments, and for professional administrative offices. My interpretation of that is that you couldn't do a jail there. We did our notice and we have received four replies. Two of the responses were in favor, one with no opinion, and one in opposition. Mr. Cochran: We have limited jurisdiction here and that if we denied this the county could still do whatever they wanted to do? Mr. Bucek: The approach where you have seen it effectively done by the city, is that the city zones it what it thinks is appropriate and if the county's use is considered by the city to be unreasonable then we would rely on our zoning to enjoin what they were doing. If they go about and the use is reasonably close to what you zoned it then we would not seek to enjoin them. We would have to take something affirmative to stop them from proceeding with their project. Mr. John Scott: My name is John Scott and I am the Director of Facilities Management for Denton County. I am here representing Denton County. We are aware of the opinion as rendered by the Attorney General. We are trying to be a good neighbor. We want a cooperative working relationship with the staff and with the city. We want to develop the property on behalf of our citizens in a constructive way that is not only going to be a benefit to the county but a benefit to the city. We are asking because we want to have good relationships. The County now owns all but the corner of Woodrow and McKinney and the other comer not highlighted. We are petitioning that this be zoned bight Industrial so that we can bring back a preliminary plat for the development of this site for our new courts facility. We have a specific uae permit for the area where the current jail is located and any expansion will take place in that area. There is a small piece of property that houses our vehicle maintenance facility and clearly we are not going to put a jail there. Most of this property will end up being parking for the courthouse. In order to plat the property and go through the platting process we have to have it all zoned the same. Mr. Powell: You are saying that there will not a new jail on the property that is being rezoned? Mr. Scott: That is correct. Ms. Flemming: Is there an entrance or exit from this particular piece of property on Ruddell and Hickory Streets? Mr. Scott: Not at this time. Mr. Moreno: Is there going to be? c P&Z Minutes A February 14, 1996 A v_ Page 29 - Mr. Scott: Honestly 1 don't know at this time. We have talked about it a little bit with the city. It is going to be part of what we discuss during the platting process. We would like to possibly have some type of limited access just because it would make travel to the downtown area easier. Ms. Flemming: Will there be a left turn lane on McKinney and will there be a light? Mr. Scott: We haven't decided where that will be yet. There will be one more access point on McKinney and we will comply with left turn requirements and anything else. I don't believe that there will be a light. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? Mr. Billie Brasfield: My name is Billie Brasfield and I live at 100 N. Ruddell, where Ruddell & Hickory come together. What are they going to do to fix that curve? And what kind of access are you talking about? Mr. Scott: We really haven't decide that yet but we would like for it to be some kind of limited one way access. It definitely would not be a road that would go all the way to Woodrow. We don't want people driving through our property trying to get to Woodrow. What we want is a way to get to the downtown area easier and to give us a little more flexibility in how we develop the site. Mr. Brasfield: What are you proposing to put back there? Mr. Scott: It would face McKinney and it would probably be a three story building with a hundred and fifty thousand square feet. Ms. Russell: Is there anyone to speak in opposition? The petitioner has five minutes to speak in rebuttal. We will close the public hearing. Any final remarks? Mr. Cochran: I move that we recommend approval of Z-96-001 of 5.4912 acres from Single Family - 7 and Multi-Family 1 to Light Industrial Conditioned, subject to the conditions as staff pointed that it could only be used for public buildings, local, state, and federal government, professional administrative offices. Mr. !ones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) Mr. Powell abstained. VIII. Hold a public hearing and consider an alternate sidewalk/pedestrian plan for the Meadows of Windy Hill. The subject property is located on the north side of Kings Row, west of Loop 288. Z-96.701 Q/ `,q ^n ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) AND MULTI-FAMILY 1 (MF-1) ZONIP'G DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.4912 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY, APPROXIMATELY 1,000 FEET WEST OF WOODROW; PROVIDING FOR A PENALTY ?N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton County Public Facilities initiated a change in zoning for 5.4912 acres of land from the Single Family 7 (SF-7) and Multi-Family 1 (MF-1) zoning district classifications and use designations to the Light Industrial Conditioned (LI(c)) zoning district classification and use designation; and WHEREAS, on February 14, 1996, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 5.4912 acres of land described in Exhibit 1 is changed from the single Family 7 (SF-7) and Multi-Family 1 (MF-1) zoning district classifications and use designations to the Light Industrial Conditioned (LI(c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the condition that the property may only be used for public buildings and professional and administrative offices for local, state, or federal governments. SECTION 11. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. 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 IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper o published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND IPPROVED this the day of 1996. BOB CASCLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE; 2 nlrr 1 _ Uf1~0 r w Iwr +n o ra I ur Ip. w w.a ruro r M V.. pr.a r mr! r~P\. ~ O I.A'Iri .rr. Y n a M .1 n V• n a+ u.o u rrY rrs w ra . rr.rw w ~M M r F I V r.l .l®. ar.r •r M if m qa. rt-1-~~ LLiaa I aY OIr. W i i. Pl Y.w.r 1 .J~ r p•. . ~-1-.-~ r10r I q.a i I~ y~jur ~•.f.rljrlQ i r OwY.r~~~V~ rn iY i Y.rl o , MJ . 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YpVn O p w w •I a 444 i°.wwa.Y®Iwrrlu an~ w+ NOV i~ 1 r M w rV +rprr V. I N. m o W.rf ..or.rr. r... wsm w.Y+. Mre.r.ui r f r I A .velq ~arP . YIrnR 11. Y y. %owM 1 • u arnT fu. IrOC PY... Ym. wrn Nrn i Lir r fUM M.Yr .r. Y{ I rOY waa Wll aaa gwxl a.nl r.i •r..aTOr•rr M .w.I rYe.\.. ~rw.Y..f A I wr„am a ero_ "Ir }{AMMETT ae NASH. MO.: SURrTORS R{AS V Agenda tto. ON-010 Agenda Item Qati ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive 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 therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF TI IE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1863 ALL DARR EQUIPMENT COMPANY $ 70,491.00 I E65 ALL ROLL-OFFS OF AMERICA EXHIBIT A 1874 SEC 1 (1-9) TIRE STORM INC. $ 21,389.30 1874 SEC 1 (12) FIRE, STORM INC. $ 328.10 1874 SEC 1 (1,2&5) FIRE, STORM INC. $ 2,182.80 1874 SEC 2 (1-7,9& 1 3)CASCO IND. $ 5,693.00 1874 SEC 3 (1 & 2' CASCO IND. $ 1,526.00 1874 SEC 4 (1-8) CASCO IND. $ 1,849.00 1874 SEC 5 (4,7-18) CASCO IND. $ 4,192.00 1874 SFC 2 (10,11,14-19)F1REi SUPPLY $ 1,270.76 1874 SLC 5 (6,19) FIRE SUPPLY $ 14,041.52 SECTION I1. 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 Proposal:, and related documents. r Y I CITY COUNCIL REPORT Agenda No. MARCH 5, 1996 Agenda Item PAGE 2 OF 2 Date SECTION M. That should the City and persons submitting approved 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, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted, SECTIONAV. That by the acceptance and wpproval 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. SECT0N V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this - day of 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY,ORD a BID 1665 :BID NAME REFUSE CONTAINERS ROLL Agenda No. f OFFS Apends Item ,OPEN DATE FEBRUARY 13, 1996 Date - - I QTY DESCRIPTION - VENDOR EXHIBIT A FRONT LOAD CONTAINERS A. 3 CUBIC YARD 5309.00 j B. 4 CUBIC YARD I S356.00 f C. 6 CUBIC YARD SLANT TOP 5457.00 D. ! G CUBIC YARD LOW PROFILE 5191.00 E• 6 CUBIC YARD HIGH PROFILE 1 149100, F. 8 CUBIC YARD SLANT TOP i $559.00 G• 8 CUBIC YARD LOW PROFILE $559.00 H. j 8 CUBIC YARD HIGH PROFILE S559.00{I 2• SIDE LOAD CONTAINERS A• 1 CUBIC YARD $249.00 B• 3 CUBIC YARD $278.00 C• _ 4 CUBIC YARD 5325.00 3. ROLL OFF CONTAINERS A• 30 CUBIC YD OPEN TOP CONT $2,598.00 B..~_ _ 20 CUBIC YD OPEN TOP CONT. ~ $2,365.001 1f { I 1 4. OPTIONAL EQUIPMENT A. ADD FOR CASTER ON ITEM 1&2 B. ADD FOR SLIDING PLASTIC DOORS ON ITEMS,IC-1H j C. ADD FOR EXTRA LIDS FRON T LOAD 3 $21.50 FROM T LOAD 4 S21.50 FROM T LOAD 6 524.56 ,l FRON T LOAD 8 $24.501 SIDE LOAD 3 $21.0 SIDE LOAD 4 $21.00 I S 3 J DATE: MARCH 5, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council - va I::ri 'ROM: Rick Svehla, Acting City Manager iUBIECT: BID 9 1863 - HYDRAULIC EXCAVATOR RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder meeting specifications, Darr Equipment Company, in the total amount of $70,491.00. SUMIIIARY: This bid was pulled from the Council Agenda of February 20, 1996 for further evaluation after a misinterpretation of the bid response was discovered. Our re-evaluation of the bid reflects a change in recommended vendor. This bid is for the purchase of a 50 horsepower hydraulic excavator with offset boom and bucket. The offset boom allows the unit to dig next to a wall or curb by digging outside the track width of the tractor. The lower price offered by Zimmerer Kubota and Bobcat of McKinney do not offer the required offset boom and also fail to meet other specification requirements. This unit will be assigned to the Water and Sewer Field Service Division and will replace loader/backhoe placed in the Motor Pool rental fleet. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water and Sewer Field Services Division and Motor Pool Operations. FISCAL IMPACT: This unit will be funded from Motor Pool Lease Program funds as authorized in the 1995/96 budget pr ~Pcess. Resp submitted: Rick Svehla Acting City Manager Approved: Name: Tom D. Shaw, CPM Title: Purchasing Agent 706.AGENDA x 0 F BID # 1863 BI NA HYDRAULIC EXCAVATOR DARR MEGA ZIMMERER BOBCAT CLEMONS OF TRACTOR BOTA EQUIP I EQUIP KU E TE FEBRUARY 8, 1996 MCKINNEY ` T - - VENDOR VENDOR TIN DESCRIPTION VENDOR VENDOR VENDOR I 1 HYDRAULIC EXCAVATOR WITH 24" BUCKET $69,225.00: 574,854.20 S53,445.00 $60,400.00 S72,039.00 51,875.00 $1.333.07 Y. 1 - - 5949.00 5800.00 y - -M ~T ? ADDITIONAL 30 BUCKET 31 W/IEETH C : O & CUTTER j ~ JOHN DEERE KUBOTA TAKEUCHI T KOHELCO _MAKE CATERPILLAR MODEL 307 190 E KH191LBU2B TV070SK(O/IV I NO I7D RESPONDENTS ` I FUTURE EQUIPMENT i a s J DATE: MARCH 5, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID #1865 - REFUSE CONTAINERS RECOMMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Roll-Offs of America, for each item as listed: FRONT LOAD 3 CU YD $309.00 EACH 4 CU YD $356.00 EACH 6 CU YD ST $457.00 EACH 6 CU YD LP $491.00 EACH 6 CU YD HP $491.00 EACH 8 CU YD ST $559.00 EACH 8 CU YD LP $559.00 EACH 8 CU YD HP $559.00 EACH SIDE LOAD 2 CU YD $249.00 EACH 3 CU YD $278.00 EACH 4 CU YD $325.00 EACH ROLL OFF 30 CU YD $2,598,00 EACH 20 CU YD $2,365.00 EACH Total estimated annual expenditure is $75,000.00. SUMMARY: This bid is for the annual contract to supply refuse containers for the City, of Denton. The containers will be purchased as needed for the warehouse working capital inventory stock and charged to the Solid Waste department as needed. The different sizes and styles are for the convenience of the customers to meet their specific needs. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Warehouse Operations, Solid Waste Commercial Division. FISCALEUPACT: These containers will be purchased using working capital inventory funds #710- 043.0582-8709 and recharged to the department as needed using available budget funds. Respectfully submitted: 1 - Acting City Manager Approved: Name, Tom D. Shaw, CPM Title: Purchasing Agent 707.AGENDA BID # 1865 i Onds o. O BID NAME REFUSE CONTAINERS o ml p'0 ROLL F „e+n i XFAB ;OPEN DATE OFFS T,- - FEBRUARY 13, 1996 f- Qn' DESCRIPTION VENDOR VENDOR ~ VENDOR FRONT LOAD CONTAINERS f 1. f _3CUBICYARD S309.00 S377.0 B' 4 CUBIC YARD - 5356.00 543740' S330.00~ C. S376.00 ~ 6 CUBIC YARD SLANT TOP _ 5457.00 _ $567.00 SJ7L00~ D E. 16L2 . 1 6 CUBIC YARD LOW PROFILE _ 5491 00 5567 001 00' PROFILE 6_CIJBIC YARD HIGH F. 8 8 CUBIC YARD SLANT TOP i 5559 OOL _ _ S397.00 NA$595.00 CUBIC YARD LOW PROFILE 5559.001 S597.001 5610.00 F F1•- _ 8 CUBIC YARD HIGH PROFILE f _j I 2. ` A. SIDE 2 O CUBIC ONYARD TAINERS $249.001 - 5597.00 5608.00 3 CUBIC YARD S278.00 - S277.00 $295.001 1___ 5322.00 C 4 CUBIC YARD t 5325.OOf $347.04! J360.00' - ROLL OFF CONTAINERS t - , B. 30 CUBIC YD OPEN TOP CONT. S2,599,00 $4,200.00, 53,222 001 _ } CUBIC VD OPEN TOP C C ONT. 1 52,365 00~ _ 53,700.001 - 1`L 20 _ } 52,978.00 S a r. \ DATE: MARCH 5, 1996 CITY COUNCIL REPORT -1 TO: Mayor and Members of the City council [0 ;anla L',rz FROM: Rick Svehla, Acting City Manager °to1--~ SUBJECT: BID # 1874 - FIRE FIGHTING EQUIPMENT RECOMMENDATION- We recommend this bid be awarded to the lowest bidder meeting specification for each item as listed: FIRE STORM INC. Section 1. Hose and Appliances Item 1-9 $21,389.30 Section 2. Nozzles & Adaptors Item 12 $ 328.10 Section 5. Rescue Equipment Item 1,2 & 5 $ 2,182.80 TOTAL $23,900.20 CASCO LNC. Section. 2. Nozzles & Adaptors Item 1-7, 9 & 13 $ 5,693.00 Section 3. Salvage Equipment Item I & 2 $ 1,526.00 Section 4. Assorted Tools Item 1-8 $ 1,849.00 Section 5. Rescue Equipment Item 4, 7-18 $_4,I92.00 TOTAL $ 13,260.00 FIRE SUPPLY Section 2. Nozzles & Adaptors Item 10, 11, 14-19 $ 1,270.76 Section 5. Rescue Equipment Item 6 and 19 $14,041.52 TOTAL $15,312.28 Total bid award $52,472.48 SUMMARY: This bid is for the purchase of miscellaneous firefighting equipment intended to outfit the new ladder truck. BACKGROUND: Tabulation Sheet S 4 y Fr F CITY COUNCIL REPORT MARCH 5, 1996 Agenda No. PAGE 2 OF 2 t,;:rta I' Da[. PROGRAMS,DEPARTMENTS. ORGROUPS _AFFECTED: Fire Department, Motor Pool ' Operations and Citizens of Denton. FISCAL IMPACT: The purchase of this equipment will be funded from Motor Pool Lease Funds approved during the budget process in the amount of $500,000.00. $397,514.00 Less Truck Purchase $52,472.48 Less Equipment Purchase $50,013.52 Balance Remaining Respectfully submitted: Rick Svehla Acting City Manager Approved\: Name: Tom D. Shaw, CPM Title: Purchasing Agent 70B.AGENDA `BID 0 4874 / O BID NAME FIRE FIGHTING EQUIP. MILE HI CASCO FIRESTORM AOe8A1~lo, T AHD C. OPEN DATE FEB. 22,1996 Date V'N DESCRIPTION VENDOR VENDOR 1 VENDOR St CTIONONf: ` 1. I 2,000 FT_ 51N St'PPI 1 1.1NF, S 10111 QI tCK _ 3658.96, 351 D,D0 _ S494.91) EA L_ 5491,69 EA h0 BID ~7, 01.9('00_ SIN SC PPII LINE, QI I( A(O,\\ECI I 5.515,00 3375.00 EA ! $219.00 FA i, SF E BID SSS[ J. 2000 FT 1]4 NAf 41 R5 PAK NO 01D S368009 EA $8979 EA NO BID 4, 2000 F7 2 Ill N%1 of RAPA IS NO B111 517) ,00 EA 1 511830 EA _i. NO DID ~ - 1 $590 00 S{1 5 . - 1 $75.00 567.00 EA 1 Sl6296FA SJR.00 EA ` 5, + 1 SNAP 11 11, FSRC50FI60\\1050 NFSPI1 00 FA _ 557 i9 EA _ 554,63 EA f t SPANNER N RENCH SF_7 II _ i 6 7. 2 \588 AKRON VOCE (I ASIP 5375,00 5756.00 EA _ $762 71 EA h0 BID 1 a - 4 F5B.0A SlORl BIANID CAPS 565.00' 552 00 EA SAS80 WAS EA -'9. 2 SNAP I IFf FSk 50 FIT $160.1)0$126-00 EA I _ S14990 1 5114.90 EA_ 111 _ SECTION .8.33, S41I.OO F.A S478.75 FA 5461.90 EA _ lI~ IIG 1. AKRONSATI ISM ..-A 5.l i._ _ ~ 7 I 7 - AhRONLATIC11 .5224111" $900.00 57.0.00 EA 5698511 LA NO BID _ I t 7 _ _ J 3. 1 AKROVAI]C II 51106 $1451F11 558000 5497.00 EA I S56550 LA NO BIO- 1 4 AKRON0371 510151[LNG BRACKETS 55500 S40.00 EA 55180 EA 1 SJ990 EA . f - 5. I - 4 AAKRO.N0A83OIIf1SE401101455 1 S45180,00: $1'12 . 00 EA I 53900EA 52795 EA., I e ` $140 00 EA NO RID 1 .$SSt t7 EA. 1. 2 ELKHARI'Y4711SPAN\FRAIIDRAN7 1 3119.00 580.00 EA } - l ~ - NO BID NO BID 6 EI.KII.ARf 058 0 11.E 11OOhS h0 BID NO BID NO AKRON #1829, 7 11 P1 4405.1E $410.00 5753.90 EA _ S386.90 EA. _ S369,36 EA I { o-4 1 5115.00 SRO. DO EA S.JI05 EA 321378 EA .AFRO\w1.623.11A$ CLAPPER 1 - + I1 3 AKRON 01581 2 11"XI 11'\ 111"\$7 _ S56O.00 S275.DO EA S16190 EA j 511556 EA 1 p I NOBID _J AKRON 029.55 95 G PNt I I1" $85000 563000 EA S37810EA 5600.00 5481.00 EA 557990 EA 352880 I I KIIAPT 0241 2511250 GYM 1 113 0 1 EK i AKRON 0336 1 In" MAl E S55.W $23400 EA R11B $4490 EA St631 EA 151 / AKRON0336111 N(1LE 540.00 $19.00 EA RI _531.00 EA_ _1- $1394 EA AKRON 03367 If2 FENIAS.E $75.00 376.00 EA RIIB 5350 EA }r $28.13 EA_ ! - - 17.1 4 AKRON 03351 12 FENI (LE S65,00SIAM EA RRB S24.00 EA l 51913 EA / AKRON \1377 11' \ l I^"NST $4000521.00 EA RRB 31915 EA t 51/63 EA -J 5%.00$13.00 EA RIM S 19.90 FA 516.88 EA 19. , / AKRON N3l7 1 11 X E , SECTION 4114 - II .X111 N5T _ _ 1 " NO BID 5138.00 EA 5190a NO BID 1 F 11040.\ NO BID 57,250.00 EA_ S156990 51,3M13 1S 1 $FC 1 TION TO[ R - - 1. 2 EA_ PIKE. POLES A1.L 6 57 21395 A'SSOEA E46 6176 133110.904 _ \O BID 7 7 -LLR1,\G RANDI.fir 1.01.41 BOOK4 NO BID II\SDL FIBLRGI-ASS I $65.00 EA Sio SO EA _ i._ 3 { C[P CLE aIM PORTS BLE FI OOD I.IGIIT 350BSD07J 5300 ,00 F' 123500 EA NO BID ' S39.WF 57800EA __178.31 EA 2 ZIASfATIC NAC-1 MHEM(IIOCKS i0 211 G5 FIRE E% IINGI ISIIF.R } YO BID $94.00 IIA SO RID I. NO BID S 1 1 - ' 6 ~ 1 SO 1,13 ABC F\TINGISIIER Dr:1 _ I NO BID 396.00 EA NO BID NO BID JI 1 15 LB ('02 EXI IN(;( ISIIFR t} NO BID $15400 EA NO BID NO RID TRA, IOOXS \0 B DA _..5111 W~~; 5111, 1 _ .00 - ..-1'.9511 ISL I ION F1 15.9µ11C . k NO BISD103.70* S73 ASA Il NO B1D NO BID S491.90" 10 810 13 3 ST 21&15 G %I. S EBO FS El, CANS SI01.15 NO BID NO BID NO BID 1 4 - - 3 ~1 36' ISAI.IGAN TOOL I SIS5,00. $1 ADM EA 5185.00, NO BID S 1 N711R1 A3AX:VR RANINLFR i \0610 NO BID 5685,00 NO BID ! 6. 2 KJOOS. If AI PRIN'4K?-190 NO BID S10.04; EA S1119.00 191.40 EA 7 600 F7 KIC YK001G6 NIIIItJIILI FIIl"ROPE , 5525,00 5400.00 NIJ BID NO DID 8• 1 ( Ali' PRI711ARNF.SS I $180.00 S225 W F.;$ NO DID 'SO BID ~ 41 S0 $!,(,INI E SO BID No BID 9 { CSICN}IN)52n NEST lF', 1'111.5:1• S41.50' ! NO B1D NO BID 10. 7 01<AJOOJ11 RFSIE 1'11.111 S65,00 SStW EA ' C SIC \241\1708111 A1RG PRI:SIK 511100 594,00 SO BID NO DID 1 1 . 300 FT 12 _ 5144.00 570.00 EA NO III D NU B'U 1 CMC, Rl SS ANUERSOA, I:I9GL HOLLER ' NO HID i J ` HC S IT:F. I. t. L C'ARABINI:RS 3211,86 515.511 EA NO BID I3 10 A { 11{, { CRIC'NS4Ufg4 GIDRS ASCF:N DENS 155.35 $49 110 E %0 HID NOBIU 0511' Y3008O FICt'RE FS S55.00 S43W EA NO 011) NO BID , NO BID IS. CNK 8724301 NT0KES RSSKF.F 1.. , 5515,00 5460.1111 E:5 No hIU 16. I 11 l CN1(' 0721151 $70KLS II IR\FN.S S135.W 51211 ,1\1 F. A NI DIU "DID 18 1 _ CTS('073101011FRC1':LFS'f RIPOD 3970.00 542\1.00 FA No BID NO BID _ 19,1 1 I 1'EIM I. F. V, I R AT ION TOOL $00!.70, $16,374.0 313,85721 _ - , 70. 1 POR I ABLE G SN.111 U.14M I. R I'NI r j NOBID 55,535,00 St5.00 55009.00, 1l. 1 SPRFSUt.R 51154\ I11 I. 311'1:\ 32" 1 NO BIU 34,515.00 $6,130.0 $4,000 .19 22 1 I ( 1 I IfR S11N 4" NO BID 51,919,00 $1,840400 %2,246.011 23. 1 RSN7511\I I.N 311" NO ell) 51.950.00 52,240,00 S1,433.114 24 1 III UN I'M KSGF. SCI SID 3705.00 S59900 $19).62• 2A. 1 II \NU I'1 Nfl' SO RID 1730.W $940.00 $714.98 • Agenda Flo. AQW3 Itam U 13 ORDINANCE NO. oar 3" S-cl AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR TILE EXTENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and Cih, ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements 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 construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1849 DICKERSON CONSTRUCTION $1,056,897.50 1857 R:-AVES ENTERPRISE EXHIBIT A 1859 NORTHERN TREE SERVICE INC./ $ 30,800.00 ALLEN TREE, CO. SECTION.II. That the acceptance and approval of the above competitive bids shall not constitute a contract bwveen 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 perfonnance and payment bonds, and insurance certificate aftir 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 Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums l ~ Agenda 110. ld Agenda rem f t:"TION_IV_. That upon acceptance and approval of the above c Data execution of contracts for the public works and improvements as authorized herein, the City Council hereby 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 immediately upon its psssage and approval. PASSED AND APPROVED this the day of _ ,1 S96. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL. FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CON RACT.DOC I J S J t . 1 l, BID # 1867 BID NAME UNDERGROUND ELECTRIC REAVES Apand: No. Q CONSTRUCTION ENTERPRISES AOar4j llem OPEN DATE JANUARY 23 1996 WWI _ . ^ PAGE I SCRIPTION # :'-QUANTITY DE EXHIBIT A DIRT WORK 32,000 FT 1 2• TRE,\'l'll UNIT 6"X42" 51.20 ~ 2. I 8- FT "IRENC11UNI16'X ,000 S1.281 500 FT _ ROCK ADDER 1 3 53.00 ' 500 FF BORE, t" SDR 13.5 DUCT, DIRT y1100 . S. 500 FT 110111s, 2"SDR 13.5 Dl 'CT, DIRT - 6 500 FT BORE, 2.5"SDR 13.5 DUCT DIRT - 512.00 - 512.001 $ 1,000 Hit _ I11\'DDIG l IciAICPI\G 1 112000 FT MECIti\ 81(tiliOF; j__ S1.00 A F - ~ S4000f 9 500 FIR r 5001IR L,\BORER 10. ('ONDIIC 400 FT }r- CO\DUI!' I' P1( ME 40 fll S05091 2. 70,000FT { CONDI'1'I'2' PICSCII 40 3 _ 30,003 FT CONDE. ff 2.5 Pv(: SC1140 SOS5 4. 1,001 FT 1 CO\DVI1 4' PVC SC'II 40 Som 5. 125 EA I" PI'C Comm I r 90 DEG SN EEP $5.001 6. 300 EA 2' PVC CO\M I I` 90 DF,C. SW EEP - 55,00 j 7. 250 FA S'PVC CONDUIT 90 DEC. Stl EEP 55.00' 8. 25 EA 4 ' PVC CONDUi'1' 90 DEG. SWEEP _ $6.00 9 40 EA 2"P1'C CONDI IT 45 DEG. SN EEP - SS.00 l0. j 40 EA 2.5"P1'C CONDUIT 45 DEG. SWEEP i_ 55.00 IL 40 F..A J"PI'C CO\'DCi f 45 DEG. S11'F,EP j - _ 12. 10 EA 4"PVC CONDE] F 22.5 DEC. SII'F,EP 1_- S6.00 i. _ CABLE L 12,000 FT CAB 1. F„ Cu ('F SoI 12 211'!G SOJO 2. 20,000 FT CABLE,2/02!0NISEx,600VOL'C i_ 50.5,^. 3. 20,000 FT I C1B1.F, 410 410 210 SEC. 600 VOLT 50.60 4. 20,000 FT CABLE, 002 CON. 22J Ail„ 15 KI' 50.65 Ek1[1N;10, 10NS L 100 EA ELB011 LOADBRF'1Ka1-22011 S40.00 I _ O71tER 2 t_. 250 800 F.,1 LA PEDES'IALSEC'WSIAKE . TRA,\SFORIIER PAD48"X48" FIBF.RCRF,TF, 5 50 EA INSTALL "IRANSIORMERON PAD 125.00' _ - - 4. JO % iYST,ALI, 35't IRERGLASSPOL 5125.00 E _ i & STREET LIGll f $150.00 R.1 \ 1) 10111' 55011905.00 nil) BOND 1'us i. S i- DATE: MARCH 5, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council 43clea t1o - d~~ FROM: Rick Svehla, Acting City Manager ~zto SUBJECT: BID # 1849 - SCRIPTURE STREET 20" AND 8" WATERLINE RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Dickerson Construction, in the amount of $1,056,897.50. SLr1V1D'IARY: This bid is for the construction of a waterline project consisting of 8,340 feet of 20" waterline beginning at the intersection of Welch and Sycamore and ending at McKenna Park, as well as approximately 5,000 ft. of 8" waterline on Scripture from Ponder Street to Bonnie Brae. The 20" waterline is the second of three projects designed to increase Denton transmission capacity i from the east to west side of tow,i. The Sycamore Street line was completed last year. In addition to the 20 inch line, we are replacing an old 4" line: on Scripture with an 8" line. ne 20" line is for transmission while the 8" line is for local distribution. Public Utility Board recommend approval. BACKGROUNV.- Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities and Citizens of Denton. FISCAL IMPACT: This project will be funded from budgeted bond funds for fiscal year 1996 CIP Construction. $1,168,000.00 was set aside for the Scripture Waterline. Respectfully submitted: Rick Svehla Acting City Manager Approved: Name: Tom D. Shaw,- CCPPm Title: Purchasing Agent 709.AGENDA r t Z F ;BID # 1849 { I NA E SCRIPTURE - FULTON ST JAGOE CIRCLE C PATCO ATKINS MID-STATE UPGRADE WATERLINES PUBLIC CONST. UTILITIES BROS UTILITIES Q P N TE JANUARY 11, 1996 EQUIP. NTITY DESCRIPTION VENDOR _ VENDOR VENDOR VENDOR VENDOR ell% TOTAL BID $1,297,478.00 $1,507,230.00 $1,241,555.15 $1,274,425.70 $1,612,272.00 a BID BOND YES YES YES YES YES BID NAME SCRIPTURE - FULTON ST GARR RIVER J.C. MOSS DICKERSON UPGRADE WATERLINES CONST. VALLEY EVAN3 CONST. CONST. OPEN DATE JANUARY 11, 1996 ENT. # . QUANTITY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR i'JTAL BID $1,098,228.30 $1,137,925.40; $1,182,177.00 $1,239,833.90' $1,056,897.50 BID BOND YES YES YES YES YES a 1 1 DATE MARCH 5 ' CITX.COUN,C!LREPORT ApW p~o lat TO: Mayor and Members of th,; City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID # 1857 - UNDERGROUND ELECTRIC CONSTRUCTION i RECOMMENDATION: We recommend this bid be awarded to thr only bidder, Reaves Enterprise at the unit prices listed below: ' DIRT WORK ITEM DESCRIPTION PRICE I' TRENCH UNIT 6" X 30" 2. TRENCH UNIT 6" X 42" $ 1.20 FT 3. ROCK ADDER $ 3.28 FT 4. BORE, 1 " SDR 13.5 DUCT, DIRT $ 3.00 FT 5. BORE, 2" SDR 13.5 DUCT, DIRT $12.00 FT 6. BORE, 2.5" SDR 13.5 DUCT, DIRT $12.00 FT 7' HANDDIGGING $12.00 FT $2 1. 8. MECHANICAL, DITCH TAMPING S 1.00 HR 9. BACKHOE $40. $ I . 0 FT I t' LABORER 00 HR $15.00 HR CONDUIT 1. CONDUIT I" PVC SCI 140 2. CONDUIT 2" PVC SCH 40 $ 0.45 FT 3. CONDUIT 2.5" PVC SCH 40 $ 0.50 FT 4. CONDUIT 4" PVC SCH 40 $ 0.55 FT 5. 1 " PVC CONDUIT 90 DEG. SWEEP $ 0.60 FT 6. 2" PVC CONDUIT 90 DEG. SWEEP $ 5,00 EA 7' 2.5" PVC CONDUIT 90 DEG. SWEEP $ 5.00 EA 8. 4" PVC CONDUIT 90 DEG. SWEEP $ 5,00 EA 9' 2" PVC CONDUIT 45 DEG. SWEEP $ 5 $ 5.00 EA 10. 2.5" PVC CONDUIT 45 DEC. SWEEP .00 EA 11. 4" PVC CONDUIT 45 DEG. SWEEP $ 5.00 EA 12. 4" PVC CONDUIT 22.5 DEG. SWEEP $ 6,00 EA $ 6.00 EA CABLE I' CABLE, CU OF SOL 12 2 W/G 2. CABLE 2/0 2/0 #1 SEC, 600 VOLT $ 0.30 FT 3. CABLE 4/0 410 2/0 SEC, 600 VOLT $ 0,50 FT 4. CABLE, 42 CON. 220 ML, 15KV $ 0.60 FT $ 0.65 FT TERMINATIONS I' LLBOW, LOADBREAK #3-220 ML $ 40.00 EA f r~ r r f Y CITY COUNCIL REPORT MARCH 5, 1996 =em PAGE 2 OF 2 OTHER ITEM DESCRIPTION PRICE I. PEDESTAL SEC/W/STAKE 2' TRANSFORMER PAD 48"X48" FIBER CRETE $ 50.00 EA 4 . INSTALL TRANSFORMER ON PAD $125.00 EA 4' INSTALL 35' FIBERGLASS POLE & $125.00 EA STREETLIGHT $150.00 EA The estimated annual expenditure for this contract is $260,000.00. SUMMARY: This bid is for equipment and labor necessary for installation of underground electrical distribution systems, to supplement .he work of existing City of Denton field crews. The City of Denton t+i11 famish all materials {io assure uniformity of the system). This will be an annual contract and may be extended for additional one year periods with all pricing terms and conditions remaining the same as per the bid docume,its. This contract will be reviewed at the end of 96' fiscal year. The pricing of the only bidder has been compared to other area co-op and municipal utilities and is in line. This vendor has done many jobs for the City in the past, is very knowledgeable in the high voltage electric field and has managed projects with no incidents. Notices were sent the 44 prospective vendors, plans were picked up by only 3 utility contractors, and one bid proposal was received. Requirements for high voltage installation maybe the cause for potential bidders to not respond to this bid request. BACKGROUND: Tabulation Sheet, Memorandum from Don McLaughlin. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Electric Distribution Division, Electric Utilities, Electric Customers of the City of Denton. FISCAL IMPACT: Budgeted funds for Electric Distribution Underground Construction for 1996. Respe ully ubmitted: Rick Svehla Prepared by: Acting Cit} Manager Name: Denise l1arpool I Title: Senior Buyer Approved: C! Name: Tom D. Shaw, CPM Title: Purchasing Agent 710. AGENDA 0 f Apenda Agenda fleet Date CITY OF DENTON MUNICIPAL UTILITIES 901-A TEXAS STREET nEnrronr. rExas ~szor M E M O R A N D U M TO: Denise Harpool, Senior Buyer FROM: Don McLaughlin, Electric Engineering 1 ;2P7,1) Senior Engineer DATE: February 28,`1996 SUBJECT: EVALUATION OF QUOTATION ON BID #1857 FOR CONTRACT UNDERGROUND ELECTRIC CONSTRUCTION The Utility staff recommends awarding the bid to the low bidder. The low bidder was Reaves Enterprises with a low bid of unit prices. The contract guarantees a minimum of $150,000. Maximum money that can be spent without going back to bid is $250,000. The contract is needed due to the current development activity in the City of Denton. The contractor will be installing electric facilities in new single-family developments and large apartment complexes. This will allow City crews to concentrate on maintenance, services and commercial customers. The use of a contractor will allow the City to maintain current service levels to the development community. DL:lw 02286006 "Dedicated 0 Quality Service" v BID # 1857 BID NAME UNDERGROUND ELECTRIC REAVES r,pcnda No. D CONSTRUCTION ENTERPRISES Apilda II^em + OPEN DATE JANUARY 23, 1995 PAGE 1 OF 2 Date _ QUANTITY DESCRIPTION VENDOR VENDOR - DIRT WORK 1 - - - - - 1. 32,000 FT TRENCHUNIT 6"X30" 5120 TRENCH UNIT 6"X42" 3. 8500 Fl { - - - S1.28 ROCK ADDER J 4. 500 FT _ 53.001 _ fJ BORE, 1"SDR 13.5 DUCT, DIRT 5 - $12_.00 00 FT BORE, 2"SDR 13.5 DUCT, DIRT - 6. 500 FT -BORE, 2.5"SDR 13.5 DUCT, DIRT 512.00 -1,000 HR _ S12.00t HANDDIGGING $21.001 8. 112,000 FT MECHANICAL DITCH TAMPING sLoo } { - - _ _ 9 500 HR BACKHOE S40.00 10. 500 HR - LABORER CC DUI CONDUIT SCH 4U - 1. 400 FT " PVC S$0.45 2. f -70000 FT CONDUIT 2" PVC SCH 40 SO 50 - -3 30 ,,000 FT ONDUIT 2.5" PVC SCH 40 -C SO 55 0_ 1 1,000 FT CONDUIT 4" PVC SCH 40 _ - - - 50.60 5. 125 EA 1" PVC CONDUIT 90 DEC SWEEP 6 300 EA __2"PVC CONDUIT 90 DEG. SWEEP 250 EA 2.5"PVC CONDUIT 90 DEG. SWEEP SS 001 SS 00 8. i. _25 EA_ 4"PVCCONDIJIT90DEG.SWEEP } 1 9• 40 EA 2"PVC CONDUIT 45 DEG. SWEEP $6.00 SS.00 10. I 40 EA 2.5"PVC CONDUIT 45 DEC:. SWEEP $5.00 ! 1. 1 40 EA 4"PVC CONDUIT 45 DEG. SWEEP $6.00_ 12. - 10 EA 4".PC CO,NLILlT 22.5 DEG. SWEEP - _ $6.00 CABLE - - 1 -12,O J CABLE, Cu UFSOL122W/(; J $O30 I 2 20,~0 FT FT CABLE 2/0 2/0 41 SEC,600 VOLT 3, 20000 FT CABLE 4i0 4/0 210 SEC, 600 VOLT - SO60 15 KV 4. f 20,000 FT CABLE, HI CON. 220 NIL, 1 _ SO 65 _ . TERMINATIONS 1. 100 EA ELBOW,LOADBREAK42.220NIL S40.001 OTIIER 1. 800 EA PEDESTAL SEC/ 11'/STAKE 2, 250 EA TRANSFORMER PAD 48"X48 _ _.$50.00 ` ' FIBFRCRETE 5125,00 3. 4, 50 EA -INSTALL TRANSFORMER ON PAD $125.00. 30 EA INSTALL 35' FIBERGLASS POLE & STREET LIGHT S150.00 I GRAM) TOTAL 5501,905.00 j ~ BID BOND YES r t, t J159 9 CITY COUNCIL (REPORT Dale a Date TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: BID 91859 - DENTON MUNICIPAL AIRPORT RUNWAY 35 APPROACH CLEARING RECOMMENDATION: We recommend this bid be awarded to the low bidder, Northern Tree Service Inc./Allen Tree Co. in the total amount of $30,800.00. SUW,1ARY: This bid is for all labor and equipment necessary in clearing and topping of designated trees in the Runway 35 approach of the Denton Municipal Airport. Three bid proposals w?:e r,ceived in response to five notices mailed to prospective vendors. BACKGROUND: Tabulation Sheet, Memorandum from Gerald Musick with Freese and Nichols, Inc. Consulting En£inrers. PROGRAMS, DEPARTMENTS.OR_GROUPS. AFFECTED: Denton Municipal Airport, Federal Aviation Administration, Air Traffic. FISCAL IAVACT: Funding for this project will be split 90% FFA Grant and 10% City of Denton funds. Respectfully submitted: Rick Svehla Prepared by: } - Acting City Manager Name: Denise Ilarpool t Title: Senior Buyer Approved: Name: Tom D. Shaw, CPM Title: Purchasing Agent 712.AGENDA 5 k .c1 F r 1859 ID N - E DENTON MUNICIPAL NORTHERN i+ KAY RIMROCK AIRPCRT. RUNWAY TREE RENEE ENTERPRISES F ATE JANUARY 30, 1996 SERVICE INC. - - _ - - - NTITY ~ DESCRIPTION i VENDOR ! VENDOR VENDOR VENDOR VENDOR ! j I TOTAL DiD AWARD $30,800.00 $93,197,00 574,159.00! BID BONDICASHIER CHECK YES YES YES n I I I h 1 I I Ili I I I { I ft ~ i i 1 f - 4 A C E N T U R Y O F S E R V I 'Pot As r:o R~enda Item 9.15 a~ VVIIeeOff.trof4o~s Pebnrary 27, 1946 r Mr. Tom Shaw ftwuslas Agent City of Denton 901 B Texas Stmt Denton, Texas 76201 RE: Denton Municipal Airport DTM226 Dear Mr. Shaw., 7he M~ s received on January 30, 1996, for the Runway 35 Approach Clearing at Denton i?al Ahport, have been reviewed. It is recornntended that the contract be awarded to Northern Tree Serv°ce, is the amount of the low bid of 5300800.00, It you have any quesdons, Please cell me at (817) 735-7360. Yours truly, B AND NICHOLS, INC. Gerald Musick, P.B. Senior Aviation Engineer zc: lot Thompson Airport Manger I ~d74tir:~r~'rlvarr~vvtn,>;~aq ' Freem end Nlchota, InL. Engineers EnWonmenial Scientists Archhem 40'M Intarnattonai plats sure zoo Fort Wonh, Taxas 70+09.4893 847.735.7300 Metro 817.429.1900 Fax 817.735-7491 6 Pkr7. 0 200 Of t kW 108 BIDTABUUIT70N I Noahorn Tr" Banks mmmck Einrwpfwn Kay Par". ha kp wA Topp4 Tram. 200 Park 0L P.O. Box 158 1001 Btadtum 0&1 CL -IS pau"?. r<A.01064 . Taxas 76247-0158 Adnpwti Taxaa 76011 du U Unk Cost Tcw Coat Unit Cod Total Cod LtJt Cod TOW Cod c i. v 7~ 164.00 4n•~ - -6.500 P-1 Al Caar andT Tram 1 lS ~ ~ ii TOTAL A BID 660 800A0 474 t59 00 88~ 197.00 r u 5 Apends No. ~ Q U Agenda lien Due - S _ ORDINANCE NO. _ AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE, CITY OF DENTON AND; IBM CORPORATION PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. ! WHEREAS, on 12-19-95, the City awarded a contract for RFSP# 173&,- MANAGEMENT INFORI4LkTION SYSTEM(MIS) in the amount of $1,377,688.00 for Phase I for Fiscal_Year 1995- 96;,,.-.d WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the change order increasing the amount of the contract between the City and IBM CORPORATION copy of which is attached hereto, in the amount of EIGHTY. FIVE THOUSAND SIX HUNDRED THIRTEEN and no/100--- Dollars ($85,613.00), is hereby approved and the expenditure of fuids therefor is hereby authorized. The contract amount is amended to read $1,463,301.00 for Phase I / 1995-96 Fiscal Ycar Funding. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HEBERT L. PROUTY, CITY ATTORNEY BY: t A4end~ IJp..~ b/C~ DAT ;:>A 5 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: CHANGE ORDER #t - IBM CORPORATION RFSP # 1738 - MANAGEMENT INFORMATION SYSTEM (MIS) RECOMMENDATION: We recommend this change order to IBM Corporation be approved in the amount of $85,613.00.00 amending the contract amount to read $1,463,301.00. SUMMARY; Change Order 41 in the amount of $85,613.00 to the above referenced contract is for the purchase of radio transmission hardware including a base station controller, duplexer, antenna, uninterruptible power source (UPS), mobil radio with antenna, installation and training. During previous discussions with Council it was our intention to purchase radio related hardware from a third party supplier as provided for in the contract agreement. However, due to critical time restraints placed upon our frequency license by the F.C.C. and software development cost from ICS if other than GE/Erickson Radio equipment is used we are recommending this change order be approved. Utilization of the GE/Erickson Radio equipment originally proposed by IBM will protect the $1.5 million performance bond currently covering this MIS project. BACKGROUND: IBM Change Authorization for Project Support Service data sheet, IBM Project Change Request #2 reference, Purchase Order #62515. PROGRA M DEPARTMENTS OR GROUPS AFFECTED: Public Safety Fire and Police, Communications Division, Information Services Division and Citizens of Denton. I FISCAL IMPACT: Funds for this change order are available in budget funds for radio acquisition relating to the MIS project account Number #451-070-SYST-9611-9107. Respectfully submitted: Ild Rick Svehla Acting City Manager _Approved: Name: Tom D. Shaw, CPM Title: Purchasing Agent 711.AGENDA tipendt tY0 . ~Q Q r~enCa Ii:m IBM Change Authorization for Project Support Each of us agrees to modify the referenced Statement of Work and any applicable terms as follows • The Deliverables will be changed by PCR1. The City of Denton will arquire their own copy of the ArcView Users Guide outside the contract. Page 8, Task 7, Deliverables, changed to 'None'. Page 12, Appendix A: Deliverable Guidelines, changed to remove referentxs to the ArcView Users Guide. • The Scope of Services and the Hardware supplied by IBM will be changed by PCR2. IBM will ac- quire the radio hardware and bring the management of same under control of the contract vs the City of Denton. The City of Denton is still responsible for providing an acceptable transmission frequency within the time frames specified in the Statement of Work. Page 5, Assumption number 8, will be removed. Page 7, Task 6, Completion Criteria, replace the second sentence as follows: 'If the City of Denton has not provided an acceptable transmission frequency as defined in the City of Denton Responsi- bilities within 5 working days of the MDC installation, this task and the portion of Task 8 which involves the MDC will be considered complete.' Page 10, Prior to Task 6, change the first sentence of the first paragraph as follows: 'Provide a transmission frequency acceptable to IBM.' Page 14, Appendix C: Phase 1 Non-IBM Hardware and Software, add the worksheet for the Radio hardware as per PCR2. The total charges to the City of Denton will be S85 613.00 a able on '"e~~ a A' athoriQeeiorr.- P Y aceept:woe oh s Chac o Each of us agrees that the complete agreement between us about these Servlces consists of 1) this Chang Authorization, 2) the referenced Statement of Work, and 3) the 18M Customer Agreement or 113M Agreement for Services, as applicable (or any equivalent agreement signed by both of us). Agreed to: Customer name: City of Denton Agrees to: rm international Business hhcNms CaPOratbn Armonk New cork 10601 By rune 69n 4,0 6y-- hrtlannl rq•RVr ^ Name (type of print) Rick Svehla Name (type or print) Date: 3/8/96 Date: Customer number: 1802610 Reference Agreement number: Customer address: 901 B T"aa Street Denton, TX 76201 Reference Statement of work number: X9Q68 Change Project name or identifier; Managrment information Sys- AAhorrrabon number: CDC111Gl tern 8tA Othce number: 121 Project Change Request number)s): PCR1 PCR2 it3M oncce aooress 1605 LBJ Fray Daltaa, TX 75234 7105. RS9A_n7 1n rOS lIIYM91 ne Alen9a flo, A ainda Mo. j}~en a R0 I S S C _ =3: PROJECT CHANGE REQUEST Subiect Add Radio Hardware To The Contract Submitted by: David Tillman Descri lion of Date. 01/31/96 P Pro Posed change: (add attachments if necessary) The city of Denton decided to order the radio hardware needed for the project under to IBM Contract as opposed to separately, as was originally Intended. ICS has quoted a price of approximately W,300 for the hardware, maintenance, and associated costs. The City of Denton has issued a P0. The change still requires Investigation re Product Safety and total price to bring it under control or the contract. InveaGgatlon Fixed price to inresff ate: Soo Change authorla 0 required? ( )No (X) Yes ( ) Change authorization attached (X) will be Included In subsequent change authorization (X) Accept for Invostigation Customer project manag r. 7 r Date: ( ) Reject for Investigation Gary Collins 02/07/96 (X) Accept for Investigation IBM project man r. Date: ( ) Reject for Investigation David Tillman 1 02/07/96 Reason for rejection: (add attachments if necessary) The above estimate will be withdrawn if not accepted by: 02/29196 I Implementation Description and impact of change to be Implemented: (add attachments if necessary) Fixed price to Implement.- $00 ( ) Accept for Implementation Customer project m ager: { ) Reject for Implen•entation Gary Collins Date: ~ Ro f~ Aceepl for implementation IBM protect mart er. ~n Date: { ) Reject for Implementation David Tillman -2 19 f % The above estimate will be withdrawn if not accepted by: rokWA ari 11-1111 Or Nrr h1M1(Y IMQ 1MI ►r nIM rr}. T a i RUREHASE ORDER NO: 62515 THIS IS A xXX his mber must appear on all CONFIRMING ORDER vo, -is delivery slips, cases. {IF MARKED) ns. ones, packing slips and tc lls. DO NOT DUPLICATE Bd No: 1738 Date. 01 12 96 Page No. 01 1 CITY OF DENTON TEXAS PURCHASING DIVISION / 901-8 TEXAS STREET / DENTON, TEXAS 76201-4354 { 8171383-7100 DYFW METRO 8171267-0042 FAX 8171383-7302 tR M CORPORATION :01 TH/B/MFG/INS DELIVERY CONFIRMATION ONLY C11 41 05 L13J FREEWAY ADDRESS INFORMATION SERVICES LLAS TX 75234 601 E HICKORY DENTON, TX 76205 ATTENTION: DEAN BELVIS VENDOR NO, I I I49000 DELIVERY QUOTED 03 15 96 FOB DESTINATION BUYER TS TERMS LINE DUANTITV UNIT _ DESCRIPTION UNIT PRICE AMOUNT 001 1.00 EA VENDOR CAT. # N / A MFG NAME 24,925.000 24,925.00 CITY # 91574 GE/ERICKSON BASE STATION CONTROLLER OPERATING AT 9600 SAUD HIC-10 002 1.00 EA VENDOR CAT. 0 N / A MFG NAME 1,500.000 1,500.00 CITY # 96246 INSTALLATION 003 1.00 EA VENDOR CAT. # N / A MFG NAME 51,395.000 5,395.00 CITY # 57551 WACOM DUPLEXER 004 1.00 EA VENDOR CAT. # N / A MFG NAME 3,495.000 3,495.00 CITY # 72512 I 900 GAIN BASE ANTENNA P GE TOTAL It 35,315.00 ENDOR INSTRUCTIONS: 3. Terms - Net 30 a^ 1 .R. - a Send original invoice with dupe Kate copy. 4 Shipping instruc4ona. F.09 Destination prepad luau, .m, .a. ,1,.c I1,e1 Bill Is - Accounts Payable 5, No federal or state sales ten shalt be included 21S E, McKinney SL In prices billed Purchasing Division Denton, Tx 76201-4299 PURCHASING a 5 RASE ORDER NO: 62515 THIS IS A xxx n umber must appear on all CONFIRMING ORDER nv s, delivery stops, cases, (IF MARKED) to , boxes, packing slips and bills. DO NOT DUPLICATE e N Bid Nor 1738 Date. 01 12 96 Page No. 02 CITY OF DENTON TEXAS PURCHASING DIVISION 1901-8 TEXAS STREET I DENTON, TEXAS 76201-4354 8171383-7100 D/FW METRO 8 1 71267-004 2 FAX 8171383-7302 rfA"/49 BM CORPORATION LTH/B/MFG/INS DELIVERY CONFIRMATION ONLY C11 605 LBJ FREEWAY ADDRESS INFORMATION SERVICES 6 ALLAS TX 75234 601 E HICKORY DENTON, TX 76205 VENDOR NO. III49000 DELIVERY QUOTED 03 15 96 FOB DESTINATION BUYER TS TERMS tltE QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT 005 5000.00 EA VENDOR CAT. # N / A MFG NAME 1.000 5,000.00 CITY # 72512 ANTENNA TRANSMISSION LINE (300) 006 1.00 EA VENDOR CAT. # N / A MFG NAME 650.000 850.00 CITY # 28772 CONNECTORS 007 1.00 EA VENDOR CAT. # N / A MFG NAME 4,545.000 4,545.00 CITY # 57551 2.5 KVA UPS 008 1.00 EA VENDOR CAT. # N / A MFG NAME 2,453.000 2,453.00 CITY # 98569 EGE MDX MOBILE RADIO AND ANTENNA 4 P GE TOTAL 1 12,848.00 ENOOH INSTRUCTIONS 3, Terms -Net 30 scam..,.m.,.11 .r.ruIdi Send original invoice with duplicate copy A. Shipping instructions: FOB, Orstunalion prepaid w•.n w poo od i Bin to - Accounts Payable 5. No lederai or state sales tax shell be included 115 E. McKinney St in paces billed Purchasing Division Demon, TX 76101.4299 PURCHASING f 4 fSE ORDER NO: 62515 THIS IS A %X% CONFIRMING ORDER hi nu er must appear on all (IF MARKED? v ce ehvery slips. cases. to s, packing slips and bills. DO NOT DUPLICATE \ Date: 01 12 96 Page No. 03 ~ qe Bid No: 1738 I CITY OF DENTON TEXAS PURCHASING DIVISION / 901-8 TEXAS STREET / DENTON. TEXAS 76201-4354 8171383-7100 O1FVV METRO 817/267-0042 FAX 817/383-7302 f EN ORS BE I CORPORATION A EA H H/B/MFG/INS DELIVERY CONFIRMATION ONLY C11 ADDRESS INFORMATION SERVICES 00E 3j 5 LBJ FREEWAY 601 E HICKORY LAS TX 75234 DENTON, T% 76205 VENDOR NO. 11149000 DELIVERY QUOTED 03 15 96 FOB DESTINATION BUYER TS TERMS ~lNF QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT 009 1.00 EA VENDOR CAT. II N / A MFG NAME 33,950.000 33,950.00 CITY N 96246 SYSTEM INSTALLATION AND INTEGRATION 010 1.00 EA VENDOR CAT. N N / A MFG NAME 3,500.000 3,500.00 CITY 8 57551 DISTRIBUTION CHARGES P ii TOTAL t 37,450.00 GR ND TOTAL s 85,613,00 01 451 070 SYST 9611 9107 85,613.00 ENDOR INSTRUCTIONS: 3. Terms - Net 30 luaru• orno.,• .aad. Send original invoice with duplicate copy. Shipping instructions: F.OB. Cestrnstmn prepaid Iwi•, •r •-r. ,p. .dl Bill to - Accounts Payable 5. No feders, or state sales tax shall be included Purchasing Division 215 E. McKinney St in paces billed. Denton. Tit 16201-4294 PURCHASING EN o. 3 - 5 - 910 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ANNUAL PAYMENT BY THE CITY OF DENTON FOR WATER SUPPLY AT RAY ROBERTS TO F & A OFFICER, USAED, FT. WORTH DEPARTMENT OF THE ARMY CORP. OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contract commitment to Department of Army Corp of Engineers, F & A Officer, USAED, Ft. Worth, the City of Denton is required to the pay 7.759% of the Annual Operation and Maintenance Cost for Water Supply at Ray Roberts; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such fee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC'T'ION 1. That the expenditure of funds in the amount of $40,793.86 to be paid to F & A Officer, USAED, Ft. Worth, is hereby authorized. SECTION II. That this ordinance sha!' occome effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. BOB CASTLEBERRY, ,'MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTI', CITY ATTORNEY BY: PAYM UT.ORD r f~ f DAT nR1~R>A} A1 3, 1996 pznda Item CITY COUNCIL REPORT Date TO. Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: CHECK REQUEST - F & A OFFICER, USAED, FT. WORTH RECOMMENDATION: We recommend this check request to F & A Officer, USEDA, Ft. Worth be approved in the amount of $40,793.96. SUMMARY: The City of Denton's current contract with the U.S. Army Corp of Engineers Engineers for water supply in Lake Ray Roberts requires that we pay for a fixed percentage (7.759%) of the annual 0&M costs of the joint use (ie water supply) facilities. This check request amount covers the time period from October 1, 1994 - September 30, 1995. Repairs to the outlet channel and low flow control gates represented a signi licant portion of the 0&M costs for this year. Normal 0&M expenditures are expected to be in the $16,000 to $18,000 range. BACKGROUND. Check Request dated 2-1-96, Corp of Engineers Invoice 41304960014. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Water Production, Corp of Engineers. FISCAL IMPACT: Funds for this check request will come from 1995/96 budget funds #620-081- 0460-8502 for special services. Respectfully submitted r Rick Svehla Acting City Manager Approved: t~ -w Name: Tom D. Shaw, CPM Title: Purchasing Agent 705,AGENDA t A9endatNe. CIL CHECK REQUISITION -VOUCHER oaro _~~5-9(.~ PAY TO: CHECK NUMBER F&A OFFICER, I_ISAED , FT . WORTH 40. 79 3 . ar, AMOUNT - ~OfoA TMA ENT' ~~a INVOICE DATE, NUMBER ANDfOR EXPLANATION ACCT. NO. NET INV. AMT. OPERATION & MAINTENANCE COST PAYMEN FOR PRESENT WATER SUPPLi t,r RAY ROBERTS LAKE, REF COr~1fa-1'r ?f DACW63-80-r_-0104. FOR REPI!?D 1 OCT 95-30 SEP 96. BILL Is P? )zl a6 )014- 1/19/96 620-OB1-0460--9502 g40 Ja3.86 NOTE: PLEASE INCLUDE A COPY OF ATTACHED INVOICE WITH PAYMEN THANKS TOTAL X40, .86 THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE UNDERSI N ACCOUNTING APPPOYAI SIGNM OE CiTV MANAGER AgOq OVAL OIRECIOR OR FINANCE APPROVAL r i i i Agenda NO. 5C- Agenda It m Na STATEMENT OF ACCOUNT BILL NO 804960014 Amounts Due the DATE 19 JAN 1996 Department of the Army Corps of Engineers ATTN; CESWF-RM-FC P.0 Box 17300 FORT WORTH,TX. 76102-0300 FORT WORTH DISTRICT PAYER: CITY OF DENTON 1701-B- SPENCER RR ATTN: TIM FISHER DENTON, TEXAS 76205 OPERATION AND MAINTENANCE COST PAMENT FOR PRESENT WATER SUPPLY AT RAY ROBERTS LAKE, REFERENC? -.-INTkACT NO. DACW63-80- C-0104, FOR THE PERIOD 1 OCT. 95-00 f-ED 96. DUE 2 FEB 1996 PAY TO THE ORDER OF: F&A OFFICER, USAED, FORT War'Tll AMOUNT DUE THIS PLEASE REMIT C0FFY )P BILL WITH CHECK ACCOUNTING USE. ONLY DD CB1528015COA000 $ 40,79:.86 GB CB1529400032200 $ 40,793.86 FOR USE IN LIEU OF FORA SWF-1011-J Aamb No. , O E U acne, Ihm -'78 CITY COUNCIL REPORT FORMAT TO: Mayor Castleberry and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: APPROVAL OF INTERLOCAL AMBULANCE AGREEMENT RESOLUTIONS RWCOMMENDATION: It is our recommendation that City Council approve the two attached resolutions for interlocal ambulance service to the cities of Hickory Creek and Shady Shores. continuation medical services agreement to the providing sma for within our service area. BACKGROUND: The resolutions for interlocal ambulance service to the cities of Argyle, Corinth, Lake Dallas, Ponder, Sanger, Hickory Creek, Krum and Shady Shores began in 1980. The revisions that are being made are changes in the per capita assessment which is changing from $4.50 per capita to $ti.75 effective October 1995. PROGRAMS. DEPARTMENTS OR CROUPS AFFECTED: No other programs or departments are affected, however, without this agreement we would have to stop service to the small cities. FISCAL IMPACT: This will comprise approximately 10% of ou)• total EMS Revenue for this fiscal year. RESPECTFULLY SUBMITTED: Rick Svehla Acting City Manager Prepared by: ss ~c~--tom-. -J mes R. Thomason D4puty Fire Chief r r ti r, i ~y [APMa C~10 ttim RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Hickory Creek for ambulance services, a copy of which is atteched hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 199 BOB CASTLEBERRY, D;AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:~ /G' - Y 1 ApIld1 N0, ApWa item 091 ~ : \hf ~kory. k AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK Recitals The City of Denton currently provides emergency medical ser- v ices to the citizens of Denton. The City of Hickory Creek would like to contract l the City medic 1 services for its citizens, of Pursuant to Chapter 774e fethe TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. 5791.001, et seo , 1994), a city may contract to provide emergency medical servi(Ve cesnto the county or another city. Aareement This Agreement is made on the day of 199, between the City of Denton, Texas ("Denton"), and The City of Hickory Creek ("Hickory Creek"). The parties agree as follows: 1. Definitions. Emeraencv Medical Se+'~ices or M S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Hickory Creek. Denton shall provide emergency medical services to Hickory Creek in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Hickory Creek shall be com- municated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Hickory Creek understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Hickory Creek, to determine: FAgenEs No/ A-nEa 1'E^ (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request :'or emergen- cy medical service; and (d) The time in which to respond to a request fir emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Hickory Creek, Hickory Creek agrees to pay to Denton an annual sum during each year of this Agreement determined by mu'tiplying the population in Hickory Creek by Five Dollars and Seventy-five Cents (population x used shall be that contained in the latest The tion lof lthe (North Central Texas Council of Government's Regional Direr~o~rv, The annual payment shall be paid to Denton in equal on or before October 1, January 1, April 1 quarterly payments , an July 1, of each annual term. Denton may, after giving prior notice, suspend service to Hickory Creek during any period of time Hickory Creek is delinquent in the payment of any undisputed service fee, 5. Patient Charges. In addition to the service fee paid by Ccyrmedieek, ices cha and collect the patient fees f established by provided of Denton. 6. Governntal Creek waives, nor shall be deemed hereby to waive De any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term, The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other , party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Hickory Creek shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: p G f Agtnda No. r~ Agenda 1VM D3'E_ - To Denton: To Hickory Creek: City Manager Mayor City of Denton City of Hickory Creek 215 E. McKinney P. 0. Box 453 Denton, Texas 76201 Hickory Creek, Texas 75065 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of , 149_. CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF HICKORY CREEK r B . YOR ATTEST: r BY. S£ RETARY Aand1 ft Ap* %m RESOLUTION N0. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I_ That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Shady Shores for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 299 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Alf BY: _ f ✓R' I ~ ~:\SNhDYSN.K JtQen~t MO..L A~elld~l?~rr - AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Shady Shores would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. NEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, e s (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the day of ,,i 199~.~., between the City of Denton, Texas ("Denton"), ~,~~and`The City of Shady Shores ("Shady Shores"). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S, means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Shady Shores. Denton shall provide emergency medical services to Shady Shores in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Shady Shores shall be com- municated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Shady Shores understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Shady Shores, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and ~ C~ cite - (d) The time in which to respond to a request fo.- emergency medical service. 4. Service Feo. In consideration for providing emergency medi- cal services to Shady Shores, Shady Shores agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Shady Shores by Five Dollars and Seventy-five Cents (population x $5.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Reai annual payment shall be paid to Denton ine aia it dory. The on or before October 1, January 1, April 11,, and quarterly Jul 1 Payments annual term. Denton may, after of each service to Shady Shores during any giving prior notice' suspend delinquent in the payment of ny ndisputedfsetime rvicehfee Shores is . addition Patient Chargem. In the service Shady Shores, Denton may charge and collect from persons e p opai by vided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Shady Shores waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. S. Terminations Default. Either party may terminate this Agree- noticetin any i ing cause specify ng ninet0) as he date of termination. If either party breaches a provision of this Agreement, the other fault.shShouldvthehdefaultingnpartytfailwritten correct notice the default within thirty days of the date notice of default is sent, Che other party may declare the Agreement terminated. Shady Shores shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notieee. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Shady Shores: City Manager Mayor City of Denton City of Shady Shores 215 E. McKinney P. O. Box 362 Denton, Texas 76201 Shady Shores, Texas 75065 PAGE 2 a n~:ads rJO . Aoenda lion 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of 199 CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF SHADY SHORES BY: MAYOR ATTEST: BY: _ SECRETARY _ FACE 3 G . [ = CITY OF DENTON, TEXAS MUNICIPAL BUILDING o DENTON, TEXAS 76201 • TELEPHONE (817) 566-9307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: March 5, 1996 SUBJECT: Ordinance Granting a Three Year Exception to the Noise Ordinance to the Denton Festival Foundation for the Denton Arts & Jazz Festival. BACKGROUND: At the June 6, 1995 meeting, the City Council approved resolution R95-030 that adopted a policy to allow three year exceptions to the noise ordinance for qualifying organizations (Attachment 1.) Carol Short, Denton Festival Foundation Festival Coordinator, has requested that the City Council grant such an exception for the Denton Arts & Jazz Festival (Attachment 2.) The Festival is held the last full weekend of April each year in the Civic Center Park. The Festival Foundation is requesting that the exception be granted from Noon - 8:00 p.m. on Sunday of that weekend. I In order to qualify for consideration of the three year exception, the annual event shall have demonstrated three consecutive years of responsible activity in connection with Section 20-1 (c) (2) of the Code of Ordinances. In that regard, the City Council has previously granted exceptions to the noise ordinance for the Denton Arts & Jazz Festival from 1992 - 1995 on the following occasions: April 26, 1992 Noon - 10:00 p.m. April 25, 1993 Noon - 10:00 p.m. April 24, 1994 Noon - 10:00 p.m. April 30, 1995 Noon - 8:30 p.m. Police Department records indicate that no noise complaints were received during these time periods, Approval of the attached ordinance would grant a three year exception for the Denton Arts & Jazz Festival from noon - 8:00 p.m. on Sunday of the last weekend in April (Attachment 3.) Please "Dedicated to Quality Service" u f AplnQI, No. Denton Arts & Jazz Festival Agenda hem March 5, 1995 Doh P age 2 advise if Council would like to impose additional restrictions or otherwise revise the ordinance. PROGRAMS. DEPARTMENTS AFFECTED: Area Residents. FISCAL IMPACT: None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, Rick Svehla Acting City Manager Prepared By: Veronica S. Rolen Administrative Assistant II Approved By: A Portu9"al Assistant to the Cit Manager ATTACHMENT: 1. Resolution (R95-030) 2. Request from the Denton Festival Foundation 3. Ordinance I Y 1 amueven.res 17:!1 CJ li O. LCI. RESOLUTION NO, A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING AN ORDINANCE FORMAT TO BE USED IN GRANTING TO PERSONS RESPONSIBLE FOR ANNUAL EVENTS WHICH HAVE DEMONSTRATED A HISTORY OF PAST RESPONSIBLE COMPLIANCE WITH THE CITY'S NOISE ORDINANCE, EXCEPTIONS TO THE LIMITATIONS IMPOSED BY SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, PURSUANT THE PROVISIONS OF THAT SECTION. WHEREAS, a number of annual events taking place in the City of Denton utilize amplified loudspeaker systems in connection with their festivities; and WHEREAS, many of these events contribute to an increased quality of life for many of Denton's citizens, and help to tourism and commerce; and P promote WHEREAS, many of these events seek authorization from the City Council to utilize such loudspeaker systems after the hours normally approved by the Code of Ordinances; and WHEREAS, the City Council wishes to recognize and reward those organizations sponsoring annual events which have demonstrated a past history of responsible operation of such amplified loudspeaker Systems by eliminating the need to seek authorization for the same event each year; and WHEREAS, the City Council hopes that such a program will provide an incentive for other annual events to operate amplified loudspeaker systems in a responsible fashion; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: 24ECTION I. That the ordinance format attached hereto as Exhibit A is hereby approved for granting ongoing exceptions to Section 20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, with respect to hours of operation of amplified loudspeaker systems, pursuant the provisions of that section. SECTION II. That, in order to qualify for consideration of an ordinance of the type attached hereto, the City Council intends that such annual events shall have demonstrated a minimum of three consecutive years of responsible activity in connection with the use of such amplified loudspeakers pursuant to prior ordinances granting exceptions to Section 20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas. SECTION III. That the duration of ordinances of the format attached hereto should not ordinarily exceed three years. t Apendi No. AgaWs bm 000 - SECTION IV. That this resolution shall become effective imme- diately upon its passage and approval. 1995PASSED AND APPROVED this the eYal day of . , BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY: L~fJ~ APP ED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY B~~-- - PAGE 2 amweven, ord n9BhC3 I!D ~u ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DEVro,',, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c)(2) OF THE CODE OF %7?DINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to §20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, name of person or entity resoonsi Le has made application to the City Council for an exception to the provision of that same section restricting the operation of ampli- fied loudspeakers after 10:00 p.m., in connection with the name of annual event)- annual event held at -(location-Tf event , and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location (state time of event e q on the third weekend sf each October) and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, (name of person or entity responsible) has consistently demonstrated over the past ((1 of ears years an ability to responsibly operz~- amplified loud- speakers in connection with the (name of annual event) annual event held at location of event) , at times past the hours defined in §20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, within the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof; and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis, subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That, pursuant to §20-1(c) (2) of the Code of Ordinances, _ (name of person or entity responsible) is hereby granted an exception said section ,s 10:00 p.m. limitation upon the operation of amplified loudspeakers, subject to the conditions listed below: (list conditions here, which could include, among other things, the following:) 1. This exception is granted only in connection with the operation of the -(name of annual event) annual event at (location of event) , on state time of event e.q.j on the third weekend of each October) . r J AWd8 We 2. (name of person or entity ree nsible agrees to take full responsibility for ensuring that the conditions of this ' exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensib,'li- ties in the immediate vicinity of the event. 3. (name of verson or entity responsible) agrees to cease using amplified loudspeakers at _(11130 p.m.) 4. Under no circumstances shall the annual event employ the use of amplified loudspeakers between the hours of 12:00 mid- night and 7:00 a.m. 5. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compen- sation, for any reason at all, or for no reason. 6. This ordinance shall be strictly construed as an excep- tion granted pursuant to §20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person. [add other provisions as desired, e.g., not within 3001 of a church, school or hospital) not within 100' of residentially zoned property, etc.] SECTION II. That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded. PASSED AND APPROVED this the day of , 19 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 2 a f 1 Agenda ft Agenda M,.,, Dam APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: i PAGE 3 S F F. D E N T O N ~ ~D~s AW"41 wa AWAN N%1 r~ w ~ t AZ F E S T I V A L February 5, 1996 Veronica Rolen Administrative Assistant City of Denton 215 E. McKinney Denton, Texas 76201 Dear Veronica and City Council, Please grant the Denton Festival Foundation a noise exception for the annual Denton Arts & Jazz Festival in the Civic Center Park for Friday, April 26 from 7-10 pm, Saturday, April 27 from 10 am - 10 pm and Sunday, April 28 from Noon-8pm. We would appreciate a 3 year noise exception approval. The Denton Arts & Jazz Festival is held annually the last full weekend of April. On behalf of the Denton Festival Foundation, Inc., we thank you for your support. Sincerely, Carol Short Festival Coordinator Denton Festival Foundation n O. Box 2109 - Denton, Texas 76202 I (817) 565-1,431 r e:\wpdeca\ord\erte.crd Agendapenda l l~ Agenda Ilam Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED LY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to §20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, the Denton Festival Foundation has made application to the City Council for an exception to the provision of that same section restricting the operation of amplified loud- speakers after 10:00 p.m., in connection with the Denton Arts & Jazz Festival annual event held at the Civic Center Park, and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location the last Sunday in April from noon until 8:00 p.m.; and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Te-.,as, the Denton Festival Founda- tion has consistently demon:5trated over the past four years an ability to responsibly operate amplified loudspeakers in connection with the Denton Arts & Jazz Festival annual event held at Civic Center Park, at times past the hours defined in §20-1(c)(2) of the Code of Ordinances of the Ci-y of Denton, Texas, within the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof; and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis, subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That, pursuant to §20-1(c) (2) of the Code of Ordinances, the Denton Festival Foundation is hereby granted an exception said section's 10:00 p.m. limitation upon the operation of amplified loudspeakers, subject to the conditions listed below: 1. This exception is granted only in connection with the operation of the Denton Arts & Jazz Festival annual event at the Civic Center Park, on the last Sunday in April from noon until 8:00 p.m. 2. The J)enton Festival Foundation agrees to take full responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibili- ties in the immediate vicinity of the event. a . I ApanEa No. ~6 tiOenEa Item aazc 3. The Denton Festival Foundation agrees to cease using amplified loudspeakers at 8:00 P.M. 4. Under no circumstances shall the annual event employ the use of amplified loudspeakers before noon or past B:oo p.m. on Sunday. 5. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compen- sation, for any reason at all, or for no reason. 6. This ordinance shall be strictly construed as an excep- tion granted pursuant to §20-1(c)(2) of the Code of ordinances of the City of Denton, Texas. The City of Denton, Texas expressly reserves unto itself and all other persons an and all le al rem y 9 edies civil or criminal, noise in connection with this annual eventrelating a therebvsdis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person. SECTION II. That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded. PASSED AND APPROVED this the day of 1996. i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 r. 4 O No. to AWs+ nua...., Do. r 5 9(? March 5, 1996 CITY COUNCII. AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBJECT: FEE CHANGE FOR BACTERIOLOGICAL TESTING AND ADMINISTRATIVE SERVICES RECOMMENDATION: The Public Utilitites Board at their meeting of February 19, 1996, recommended approval of the proposed fee change for bacteriological testing and the associated administrative service activities. SUMMARY: The City of Denton owns and operates a state "certified" bacteriological laboratory as a function of regulatory compliance for the Denton water system. In addition to performing our own bacteriological sampling and testing, the Denton Municipal Laboratory performs bacteriological testing for over 100 water systems across the north central Texas area. For fiscal year 1995, the laboratory tested over 2,000 bacteriological samples for neighboring water systems. The fee charged for this work has been sufficient to cover the full cost of this service since December, 1990 when the existing rate was established. Because of regulatory changes in testing methodology, and the cost of administrative services, staff has identified several areas of service that the fees need to be increased to cover the full cost of service. The specific fee changes recommended include; 1) Increasing the charge for Colilert Coliform analysis from $12.00 to $15.00. 2) Increasing the charge for Fecal Coliform (membrane filter) procedure from $12.00 to $25.00. 3) Increasing the charge for Total Coliform (most probable number) procedure from $12.00 to $35.00. 4) Establishing a charge for record searches. The fee will be based on a hourly rate of the searcher (with benefits) x time for search plus an overhead fee (approximately $20.00 per hour). S i 1."CAB Exhibit I reflects t! osed changes and provide a comparison w' hc6ther l ~ofa~Dr In the last two years, the state has initiated a certification process for prN5(e- Ia1Wia1ories u few private laboratories have gone through the process of certification. The City does not currently carry Professional Liability insurance against errors and/or omissions in laboratory testing. This type of insurance would cost the City approximately $18,000 to $20,000 per year for $1 million of coverage. TALEM laboratory does carry this kind of insurance from Roach Howard out of Dallas and pays $24,000 per year for $2 million in coverage. Because of the wide variety of testing, the dollars involved and the associated risk, this type of coverage is necessary for a private laboratory such as TALEM. Staff has discussed this issue with Max Blackburn, Risk Manager, and the consensus of everyone involved is that the risk involved with the type of testing performed by the City does not justify the expense of the policy. If the policy costs were included in the testing fee, the cost per analysis would increase by approximately $8.50. If insurance against errors and/or omissions is required, the staffs recommendation would be to discontinue the bacteriological testing as a public service, PROGRANUDEPARTMENT OR GROUPS AFFECTED: Denton Municipal Laboratory, Neighboring Public and Private Water Systems. FISCAL IMPACT: Fiscal Year 1995 revenues for bacteriological testing amounted to $26,240. Based on the same number of tests, the proposed fees are projected to produce $33,705 in revenue. m Respec submitted, Rick Svehla, Acting City Manager Prepared by, I cL&Aj Howard Martin, Director Environmental Operations Approved by, R.E, Nels , Executive Director of Utilities Exhibit I Lab Fee Schedule I : Ordinance n i Agenda No. l~ ` w DENTON MUNICIPAL LAB FEE SCHED Aida It m DESCRIPTION EXISTING PROPOSED Colilert (P/A) $12.00 $15.00 Total Coliform Analysis (MPN) $12.00 $35.00 Fecal Coliform Analysis (MF) $12.00 $25.00 Records Search No Charge Hourly Rate of Searcher (with Benefits) x Time for Search + Overhead (approx. $201hr.) DENTON TARRENT DESCRIPTION PROPOSED LEWISVILLE COUNTY TALEM INCHSCAPE Colilert (P/A) $15.00 $8.00 $10.00 Coliform Analysis (MPN) $35.00 $60.00 Fecal Coliform $25.00 $8.00 $20.00 $30.00 Analysis Record Search Hourly Rate No Charge $25.00 of Searcher (with Benefits) x Time for Search + Overhead (approx. $ 20/hr. ) Receives subsidy from wastewater budget. Lost State subsidy in FY95, considering price increase in FY96. Private Laboratories, not State Certified. EXHIBIT 1 S t r' C:\WPppCS\CRD\NS.FEC.ORD Agcnda Ilo Agenda Item Oate_ ORDINANCE NO. AN ORDINANCE ESTABLISHING FEES TO BE CHARGED BY THE DENTON MUNICIPAL LABORATORY FOR COLIFORM BACTERIOL6GIC ANALYSES; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EF^ECTI VE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Denton Municipal Laboratory shall charge the following fees for coliform bacteriological testing of individual, private and public water systems: For water system compliance tesLing (Presence/Absence) .......................$15 For total coliform (most probable number) $35 For fecal coliform (membrane filter)........ ..$25 SECTION II That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 199b. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: y J E:\WPDXS%CPD\ELECT.96 EACHdA A.,..,, em _ -;z9- ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 4, 1996, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 1, 1996, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION T, That a municipal election is ordered to be held in the City of Denton, Texas, on Saturday, May 4, 1996, for the pur- pose of electing Councilmembers for Places 5 and 6 and electing a Mayor to Place 7. In the event a runoff is required, the runoff election shall be held on Saturday, June 1, 1996. SECTION ?I. That the polling places, which shall be open from 7:00 a.m. to 7:00 p.m, shall be as follows: 1. Voters residing in District No. 1 shall vote at: MARTIN LUTHER KING, JR. RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS 2. Voters residing in District No. 2 shall vote at: FIRE STATION NO. 4 2110 SHERMAN DRIVE DENTON, TEXAS 3. Voters residing in District No. 3 shall vote at: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4. Voters residing in District No. 4 shall vote at: DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS -15 f ngenC~ ittnrC._. SECTION III. That the election officials for the election and ~ the runoff, if any, shall b_- as foll~.ws: 1. For the Central Counting Station: George Spuller, Presiding Judge; Tim Hodges, Manager; and Randi Smith, Tabulation Su- pervisor. 2. For District No. 1: Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge. 3. For District No. 2: Doris Chibvnan, Presiding Judge, and Mary Mecay, Alternate Judge. 4. For District No. 3: Bill Williamson, Presiding Judge and Eunice Curry, Alternate Judge. 5. For District No. 4: R.B. Escue, Presiding Judge and Rachel Mays, Alternate Judge. 6. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Ccie. 7. George Spuller shall bn Presiding Judge for the Early Ballot Board. The presiding judge of the Central Counting Station and of t:.3ch district are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual as- sistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided for by State .law. BCTION IV. That early voting shall bf- conducted for the election, and the runoff election if necessary, by the Office of the City Secretary in the Municipal Building at 215 East McKinney Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday, commencing April 15, 1996, and ending on April 30, 1996. In addition, early voting shall be held on Saturday, April 20, 1996, or Saturday, April 27, 1996, between the hours of 10:00 a.m. and 3:00 p.m., at the same location as weekday early voting. Specific date to be determined by thc, Farly Voting Clerk. SECTION V. That the Mayor is ;,ereby directed to provide notice of the election, and the runoff election if necessary, in accor- dance with Sections 4.002 and 4.003 of Texas Election Code, the notice to be printed in the Spanish language and the English language. TLION VI. That City Secretary is authorized to prepare the thelCharterland laws toe eh~ t^,tate ofpT Texas for holdact ingrelections. f a -o a F,enaa no L ~arCa vi SECTION VII. That an electronic voting system, meeting the requirements of Chapter 124 of the Texas Election Code shall be used for said election. SECTION VIII That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. BOB CASTLEBERRY, MAYOR AT:.'EST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i s AVnda hb.. -QTY Cntrntrar Al EN-QA 1TFM1t APIAda Aim L OW - TO: Mayor and Members of the City Council Fl%OM: Rick Svehla, Acting City Manager SUBJECT: ADOPTION OF AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MS. CHRISTINE USSERY FOR THE PURCHASE OF REAL PROPERTY ON FOSTER ROAD R O~~nA Cf~ifl \TIA\c hI~L IV The Planning and Zoning Commission recommends approval. 1~ARY/BACURO ran The City was able to reach an agreement with Ms. Christine Ussery for the purchase of four (4} acres of real property on Foster Road for the expansion of the Denton Munipal Landl. purchase price for the property, which contains a mobile horn', car ic fil The port outbuildings, is $72,000. , and miscellaneous Under the provisions of the agreement, the City will take possession of the property on September 30, 1996. In the event that Ms. Ussery has not found alternate housing by September 30, 1996, she may rent from the City on a month to month basis for as long as 12 months for $400 per month. FISCAL impACT. $72,000 Respectfull submitted, Rick Svehla Acting City Manager Prepared by: Charles S. Watkins Superintendent, Solid Waste Department Approved by: Approved by: R. E. Nelson Executive Director of Utilities Ilowar - Martin Director of Environmental Operations 1 'CMTY DAr WA.N'67%n r 5 J:\WD0CS\ORD\USSERYXRD ern i? Apendi No. Apendp Rem O~y ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AU'T'HORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND CHRISTINE USSERY FOR THE PURCHASE OF REAL PROPERTY FOR LANDFILL PURPOSES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION . That it approves the attached agreement between the city of Denton and Christine Ussery for the purchase of real property for landfill purposes and authorizes the City Manager to execute the agreement on behalf of the City. BECT- ON__U • That it authorizes the expenditure of funds in accordance with the terms of the agreement. SECTION- r_II• That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. BOS CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY G BY: J Oa;e REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON (hereinafter referred THIS CONTRACT OF SALE is made by and between Christine Ussery home rule municipality, t of De t on, DentondCoCITY unt OF DENTON, TEXAS, a ter referred to as "PUrchaseritY. Texas, herein fori.n herein. upon the terms and conditions set set PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing ap- proximately 4 acres of land situated in Denton County, Texas, being more particularly described in Exhibit A attached hereto and incorporated herein by reference for all purposes together with all and singular the rights and appurtenances pertaining to the prop- erty, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred t> as the "Property"), together with any improvements, fixtures, and per- sonal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and understood that the conditions hereinafter set forth. However, it is expressly sel following items f om thelproperty at her own expense, remove the 1• window curtains and rods; 2. Refrigerator; 3. Kitchen stove; 4• Television antenna and mast post; 5• Clothes lines and post. Any of the above listed items not removed prior to vacating property shall be forfeiter) to Purchaser. PURCHASE PRICE 1• ount_ of Purchase Price. The purchase price for the I km Lu-n Property shall be the sum of $72,000. 2. Payment of purchase Pr ce. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the trans- actions contemplated hereby are subject to the satisfaction each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. Z7 Preliminary Title Report. within twenty (20) days after ,te hereof, Seller, at Seller's sole cost and expense, shall :aused the Title Company (hereinafter defined) to issue a pre- Lnary title report (the "Title Report") accompanied by copies of ai_ recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser re- ceives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Pur- chaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith ditioneshall be deemed to be a acceptable a and any objection this shall be deemed to have been waived for all purposes. 2. urve . Upon written request by Purchaser delivered to Seller contemporaneously with Purchaser's delivery of an executed original of this Agreement, Seller shall within twenty (20) days from the date hereof, at Purchaser's sole cost and expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (30) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. PAGE 2 Agenda Na. Apenda Item Date REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- sment affecting the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied it regulations, statutes, rules and restrictions laws, ordinances, cthe Property, or any part thereof. 4. (a) There are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmen- tal Response Compensation and Liability Act (CERCLA), as amended. (b) The City of Denton assumes the risk of and agrees to indemnify and hold Seller harmless, and to defend Seller against and from all claims, costs, liabilities, expenses (including without limitation court costs and attorney's fees), or demands of whatsoever nature or source for any defects or Environmental Problems, latent or obvious, discovered or undiscovered, in the real and chattel property to be conveyed hereunder, causing per- sonal injury to or death of persons whomsoever (including without limitation employees, agents or contractors of the City of Denton, Seller or any third party), or causing property damage or destruc- tion of whatsoever nature or contamination to the environment (including without limitation property of the City of Denton or Seller, or property in its or their care, custody, or control, and third party property), arising out of acts, omissions or events occurring after Closing. (c) Seller assumes the risk of and agrees to indemnify and hold the City of Denton harmless, and to defend the City of Denton against and from all claims, costs, liabilities, expenses (includ- ing without limitation court costs and attorney fees), or demands of whatsoever nature or source for any defects or Environmental Problems, latent or obvious, discovered or undiscovered, in the real and chattel property to be conveyed hereunder, causing per- sonal injury to or death of persons whomsoever (including without limitation employees, agents or contractors of Seller, the City of Denton or any third party), or causing property damage or destruc- PAGE 3 Agenda No. Agenda fleet "ion of whatsoever (including without nature or contamination Denton limitation Propert to the environment third ' or property in its or their care of Seller or the city third Party Property), arisin t custody, Or controlof g before Closing, g out of acts, omissions ' and or events "Environmental Problems' federal Comprehensive Envir nmentalny cause o Liability Act of or action under the from similar feder980 (as amended Response Compensation state or localnlegislation or action arising law, and private causes of action of whatever from environmental damage, Other rules se toxic wastes or nature which arise other similar causes. MISCELL,~EOUS 30 OBLIGATIONS OF PARTIES Seller shall be allowed to , 1996, thereafter occupy the Property a month-"O-month basisSeor shall pay rent at until September Seller shall not have the YiPeriod not t $400 per month, on premises or ght to to exceed twelve months. any part thereof, sublet or assign an ~ Y of the CLOSING The closing shall be company, Denton, Texas held at the office title company, time on or before Of Dentex Title mutual! date, and la March 31, 1996 or at such "closing datee~,upon (which date herein Seller and Purcha, ser may referred to as the CLOSING REQUIREMENTS i. ~~er's Rear irem n • At the closing Seller shall: A. Deliver to Purchaser General Warrant a duly executed and G fee sim y Deed conveying good and acknowledged and all liens to all of the Property marketable title meats # encumbrances , free and clear of any and restrictions ' conditions, easements except for the following:assess_ 1• General real estate taxes for the Of closing and subsequent years not yet due and payable, Year 2' Any exceptions approved by Purchaser pursuant to of; and ser t o here- 3' Any exceptions approved by Purchaser in writing, B. Deliver to Purchaser a Texas Owner's Purchaser's sole expense, issued b Title Policy at Y Dentex Title Company, PAGE 4 v Agenda No. Agenda Item Dze Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purch- aser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Closing Requirements, hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Seller; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed $'Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Reauirements. Purchaser shall pay the full cash purchase price to Seller at Closing in immediately available funds. 3. Closing Costs. Through the date of Closing, Seller shall pay all taxes assessed by any tax jurisdiction through the date of Closing. Any taxes imposed, assessed or arising because of a change of use of the Property after closing shall be paid by Seller. All other costs and expenses of closing in consummating the ;ale and purchase of the Property not specifically allocated herein shall be equally shared by Purchaser and Seller. REAL ESTATE COMMISSION Any real estate commissions occasioned by the cot:summation of this Agreement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. PAGE 5 L 10 da Ifem t:j BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser"s obligations sat forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement. MISCELLANEOUS 1. Assianment o€ Aareemen This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2• Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. of ce. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. T?, saw to ~ly- This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. LAgal Cons_truction, In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. PAGE 6 r V J ACenda No _ U A~er)Ca Item _ Oats 7. o reeme s Su erse ed. the sole and only agreement of the and arties This and su te erseds oany prix s understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of essence. Time is of the essence in this Agreement. 9. Ge er. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. both parties Xe Qrandum of Con:trac . Upon request of either party, parties shall promptly execute a memorandum of this Agreement suitable for filing of record, 11. 9- is ce. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it policy of title insurance or Purchaser shouldhhaveltheoabstract covering the Property examined by an attorney of Purchaser's own selection. 12. Timmit. In the event a fully executed copy of this Agreement has not been returned to Seller within thirty (30) days after Seller executes this Agreement and delivers same to Purchaser, Seller shall have the right to terminate this Agreement upon written notice to Purchaser. DATED this day of 2996. SELLER PURCHASER THE CITY OF DENTON, TEXAS By: i Ahr st nee Usser`" BY: 4215 Foster Road R ck Svhela Denton, Texas 76208 Acting City Manager 215 E. McKin.aey Denton, Texas 76201 APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 7 a ^apRaa rro ~ eRC7 r'P!'~ STATE OF TEXAS COUNTY OF DENTON This instrument was ~ _ of acknowledged before me on this 'jq 1996 by Christine Ussery. day xx oooooo00oo,x oaoco.,Oooooooc,x ROGER N. WILKINSON Nolary Pubfe, Sy;e of Texas ~ '~n $ My commission Eaphes 04-10.1998~ Notary ublic ~OOCcoroooooooo in and fcr Texas STATE OF TEXASxxxon:: COUNTY OF DENTou of This instrument is acknowledged before me, on this of the City of Denton 1996 by RICK SVHELA, Actin day a municipal corporat, known i to meManager, the Person and Officer whose name ion o b is subscribed to the foregoing instrument and acknowledged to me that the same was the said City of Denton, Texas, a municipal corporation duly authorized to act of the perform the same b p that he was riate city Council of the City of Denton and that he executednthe sametas the act of the said City for P"rposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for Texas J'%6" CS\XNUSSERY.K PAGE 8 EXIIIBIT "A" ALL THAT CERTAIN lot, tt'ut:l us- Irnr•ccl of land nitunled In Denton County, 7'exatt, a Irp+l (if tilt. U[Jeon Walker Survey, AbAlrar.l No, 1332, and being n patt of p 1G5, 1p) acre trar.t described In Deed of '1'1.uul executed by W. II, Ldwar+ln, et at, 14) A. .1, ffeavert, ''runlee, recorded In Vol. p9, rngu 245 of lire Decd of 'I'runt tlcrurrl% of Vinton r!nunty, 'Texan, end bcing more particularly described art fullm-11: I%UGINNINL1 at the Inlerneclion of llro Lagt line of a North-South public r•crad and the North line of an Enst-Went public road near the Southern Mont .Southwest corner of said 165.011 acre tract, said point being the Southern mont Southwest corner of maid tract excluding any porlion thereof lying within (fro confincn of It publle road: rllfs'NCL North 1/2 deg, Eanl will, the Last Ilse of a North-South pubLlt. laud, a 10111 distance of 417.410 feet, a cornet; THENCE East parallel with the North line of un East-',Veyl nublltr road rerming lire South line of lhi" tract, a total distance of 417.416 feel, a (;orner TIMMCD South 417.416 feet, a corner; 'rNENCE South parallel will) the Weal line of thin tract 417, 416 feet, a vortort- it, a fence line otr the North Ilno of an Beast-Went public rond; 'I'llf"sC' VU West with the fewrce line on the NOI'lh line of said pubilr road 417.410 feet to the place or begintthrl; and containing 4 acres of land, exclunive of road. ways. It is expressly understood and agreed this Is a correction Deed execuletl, nck- nvwlrged, delivered and accepted in Ilett of Deed from Qiice WIIltersott to Perry A. Udsary aril wife, Chrieting Ussery, dated February 17, 1065, recot•ded in voiurnd 5200 Page 202 of the Deed Itecords of Denton County, Texas, and Lo retroactive and effectlve as of February 17, :965. + 1 I • N 11 ~ r Agenda No. d d / 1 1 Agenda Item- M l 1 ~ N •s /=jj " 230 Q `D z n v o I 6a 5.o 3. w1.Le u•e6'r\z'sow. Q. a,m 5.80°~Z'Sa'F. 740.93• \ ✓ Is et \ c- 1 169.17- f r u, o 'N.80'03'20"w• 417.43'-~ Y N 1J ~ v 4~ pC) r /f 1 "7 ~ .O ~ N f .l7 v%. q m V .r 17 4.ooa4 v. f .y/a. ~a~iJ ri; 0 0 ~ tq' { r I/v 711 z-- ' C' 3. A-tI< R -5 JU R,.. V YA tJ C /0,9 1.OUl1 i % ~,ra?s f L t E:\M'?: ✓CS \CHC\.P LF.LNSE J Agenda No. ^ Q Agenda Ihm Gah,~, _ t29 -(OORDINANCE N0. AN ORDINANCE AMENDING ORDINANC N0. 94-183 RELATING TO THE RULES OF PROCEDURE. OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING THAT THE PLEDGE OF ALLEGIANCE WILL INCLUDE BOTH A RECITAL OF THE PLEDGE TO THE UNITED STATES FLAG AND TO THE TEXAS FLAG; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has determined that it would be in the public interest to begin each meeting with a pledge of allegiance to both the United States flag and to the state flag of Texas; NOW, THEREFORE, TiIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 94-183 is hereby amended by amending Section 6.2 "Pledge of Allegiance" to read as follows: Section 6.2. Pledge of Allegiance. Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled Council meetings. This item shall begin with the recital of tY.e pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139(b) of Verrons AnnotF.ted Texas Civil Statutes. SECTION II. That save atiJ except as amended hereby, all the sections, clauses, and phrases of Ordinance No. 94-163 shall remain in full force and effect. SECTION III That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. BOB CAf;TLEBERRY, MAYOR 1i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LE,3AL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:Lb'" i S F i PLEDGE TO THE TEXAS FLAG I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE AND INDIVISIBLE. 1 r, i ~ptM 7 'V AW4 No. -010 * * North Texas Higher Education A 201 E. A'jram, Suite 800 Arlington, Texas 76010-11 TIOWL N1EMORANDUN1 TO. Mayor and Council Cityof Denton FROST: North Texas Higher Education Authority, Inc DATE. February 26, 1996 SUBJ: Request for Approval for Issuance of Tar-F_> cr Ipt Str .lent Loan Revenue Bonds As you know, the North Texas Higher Education Authority, Inc. (NTHEA) is required by law to obtain approval from its sponsoring cities for issuances of debt to finance its student loan secondary market program activities. The Authority last came to you for approv_; of its S 140 million issuance of tax-exempt bonds in March of 1993. Those funds, together with repayments from the Authority's misting loan { portfolios, have been used to acquire additional student loans from participating lenders In January 1996, NTHEA applied for and received an allocation under the state volume cap for $35 miiliort, the maximum request now allowed for student loan authorities. As you are probably aware, the Bond Review Board cut the maximum amount of allocation that issuers in certain categories can request. The Authority proposes to issue $43 million in bonds made up of $35 million in new money bonds combined with a current refunding of $8 million in bonds maiuring April 1, 1996 from its Series 1991 B and E The Authority needs these additional funds to continue its program over the next year, and possibly, the next two yea, s J As background for the newer council members, the Authori i h e net-foF pF F~Pm organization founded in 1978 for the purpose of proNiding student loan access to students in Demo Tarrant, Dallas and Wichita counties. State law requires that higher education authorities be sponsored by home rule cities, and the cities of Denton and Arlington agreed to sponsor the North Texas Authority, There are sir other higher education authorities currently operating in Texas sponsored by the cities of San Marcos, Canyon, Bryan/College Station, Abilene, AVaw, and McAllen. The Authority purchase student loans from its participating lenders in order to provide liquidity once the borrowers graduate i•om school and begin repayment, as the federal student loan program's servicing requiremer is do not fit well within the lenders' commercial loan servicing systems. First State Bank Denton is the largest Denton county participating ! -ider in the Authority's program, and is currently holding approximately $30 million in loans which were mad, ;lrimarily to UNT and TAVU students. The attached summary will provide you %kith details of N P LEA's financing actitiities. Also, you may be interested to know that to date, NTHEA has acquired appf ,imately 206,000 loans aggregating $617 million, of which approximately 157,000 loans aggregating $316 million is currently outstanding The Authority's default ra'e of 6.8% is low compared to the national average of 11.6%. The City's support is gratefully acknowledged. NTHEA is proud to be in the sponsorship of a council who believes strongly in students access to financial assistance for higher education Should you have any questions or require further information, please contact Kathryn Bryan, Assistant Secretary North Texas Higher Education Authority, Inc. 201 East Abram, Suite 800 .Arlington, TX 76010-1196 (817) 265-9158 Enclosure r 4 t . r NORTH TEXAS HIGHER EDUCATION AUTHORITY, IN FINANCING ACTIVITIES [Apeadl nda No. 1979-1995 Item Tax•Fxernnt Fi__nancinQc; s 9r lZ~le TyAS Current 3II411n3 EURQ n Outstanding Credit 1979 Series A S I0.000,OCO Provider New Loan Purchases 1980 Series B 51,000,000" None 6,000.000 New Loan Purchases 1982 Series A -0- None 11.815,000 Refund Series A,@B 1982 Series 8 -0- AMBAC 26.000.000 New Loan Purchases '0- AMBAC 1983 Series A&8 50.000,00 New Loan purchases 1985 Series A '0- \1BAC A, 23,100,000 Refund 19828 1987 Series 1987 "0- AMBAC 98,000,000 Refinance Loans Held Under Line of Credit 87,750,000 Fuji 1990 Series 1990 50,000,000 Bank Refinance Loans Held 50.000,000 Under Line of Credit 5a11ie Jfae 1941 Series 1991A_F 153,500,000 Refinance 1Vest Texas Debt 140,500,000 and Provide for New Loan A.NIBAC/ Purchases Salle 11ae 1991 Series 1991G 90,000,000 Refinance Rest Texas Debt -0- Mitsubishl 1993 Series 1993 A•D 140,000,000 Refinance 1991G Provide 140,000,000 Total Tax-Exempt ~ for New Loan Purchases Sallie Nlae ~ Financings 7 ~ 5419.2 Taxable Find,W. " Dali Current IkFC Amour Outstanding Credit 1486 Line of Credit S 90,000,U00~ A,l.itnce Provider New Loan Purchases and to S .0. Refinance Loans Held Full Bank Under Series 1983A and 1983 B 1989 Line of Credit 100,000,000 New Loan Purchases 25,000,000 Sallie J1ae 1990 Line of Credit Sd,000,o04 Interim Financing of Loans for 1990 Bonds 0- Bank One 1995 Four-year 25,000,000 Adsance New Loan Purchases 24,700,000 _ Sallie lfae Total Taxable Financings U5c,000_ 5 42'"00, go Funds from 1992A are Wro%ed for pa) meet of these bonds, rrwwss ur y Cpen?a I!o ° 6%~ RESOLUTION NO. _ ~lpenG~ uem A RESOLUTION BY THE CITY COUNCIL OF T o~u OF DENTON RELATING TO THE ISSUANCE OF OBLIGATIONS BY NORTH TEXAS HIGHER } EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH OBLIGATIONS ANL THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation, pursuant to the'rexas Non-Profit Corporation Act, for the purpose of furthering educational ,pportunities of students by providing funds for the acquisition of student loans; and WHEREAS, the Authority has proceeded in the development of a plan of doing business and has issued student loan revenue bonds for the aforesaid purposes, and additional funds are needed to continue the program, and it is now appropriate for this governing body to approve the issuance of additional bonds for such purpose; and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code"), a public hearing was conducted on February 5, 1996, at 10:00 o'clock a.m,, following reasonable public notice, with respect to the issuance of student loan revenue bonds by the Authority for which the Authority received a private activity allocation from the State (the "New Tax-Exempt Bonds"); and WHEREAS, certified minutes of the proceedings from said hearing have been submitted to the City of Denton ("City"); -:,d WHEREAS, in order to satisfy requirements of the Code, it is necessary for City, following the holding of public hearings, to approve the issuance of the New Tax-Exempt Bonds; and WHEREAS, in order to satisfy requirements of the Texas Education Code, it is necessary for City to approve the issuance of all bonds or other obligations of the Authority whether or not they require approval under the Code; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 4275171'960324 V agenda Na 9 ^O Ava ,aa Ram I. Cato. That the City Council of the City of Denton, Texas, hereby grants its approval to the North Texas Higher Education Authority, Inc. to issue and deliver student loan revenue bonds, notes or other obligations, in one or more series in an aggregate principal amount not to exceed $43,000,000, for the purposes of obtaining funds to purchase student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended; refunding outstanding obligations of the Authority; and setting aside the amou,;t the Authority determines is necessary for a reserve and for operating costs and paying the cost of issuing such obligations in accordance with the laws of the State of Texas, including Chapter 53 V , Texas Education Code, art. 717k, ernon's Civ, Stat. Ann., and if applicable, Section 144 of the Code. it. Fug -her, the Mayor and City Secretary of the City of Denton, Texas are hereby authorized and directed to execute the Approval Certificate, a copy of which is attached hereto and incorporated herein as Exh;bit "A", and to deliver certified copies of this resolution and the Approval Certificate to the Authority, III. The City of Denton, Texas requests that the Authority exercise the powers enumerated and provided for in Section 53.47, Texas Education Code, as amended, and that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City of Denton, Texas and the State of Texas, as contemplated by Section 53.47(e), Texaa Education Code, as amended. IV. The City of Denton, Texas does not agree to assume any responsibility in connection with the administration of the Authority's student loan program. Sole responsibility for the administration of the Authority's student loan program is assumed by the Authority. j V. Further, it is recognized by the City of Denton, Texas that the instruments which authorize the issuance of bonds, notes, or obligations by the Authority will specifically state that the City of Denton, Texas is not obligated to pay the principal of or interest on the bonds, notes, or obligations proposed to be issued by the Authority. Nothing in this resolution shall he construed as an indication by the Cfty of Denton, Texas that it will pay or provide for the payment of any obligations of the said Authority whether theretofore or hereafter incurred; and in this connection, attention is called to the Constitution of the State of Texas, wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and the City Council of the City of Denton, Texas hereby specifically refuses to set aside any present 427517/960324 Y+ r, ".~cr.9~ 1!0 ~~vf v .,^9n t iN?n or future funds, assets or money for the payment of a the Authority. ny indebted tgs orbrg~ea VI. ` It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public, as required by law, and that public notice of the time, place and purpose of said meeting was posted, as required by law. VII. This resolution shall become effective from and after its passage as provided by law. PRESENTED AND PASSED on this the day of 1996, by a vote of aves and nays at a regular meeting of the City Council of the City of Denton, Tee as, Texas. Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney -3- 427517/960324 v E r Ap°n?a IECm Dale APPROVAL CERTIFICATE am the duly elected Mayor of the City of Denton, Texas, Texas (the "City"), and as such am the applicable elected representative of the City pursuant to §147(f)(2)(B) of the Internal Revenue Code of 1986, as amended. On February 5, 1996, a public hearing was conducted regarding the issuance of bonds (the "Bonds") by the North Texas Higher Education Authority, Inc. (the "Authority") and the utilization of substantially all the proceeds of such Bonds for the purposes of (1) purchasing student loan notes, (2) refunding outstanding obligations of the Authority, (3) setting aside certain funds for the payment and security of the Bonds, and (4) paying certain expenses in connection with issuance of the Bonds, as provided and limited by the Internal Revenue Code of 1986, as amended, and the Texas Education Code, as amended. Student Loan notes are notes executed by students (or parents of students) who are residents of the State of Texas or who have been admitted to an "accredited institution" in the State of Texas (as defined in the Texas Education Code). A copy of the report of such hearing is attached hereto as Schedule I. As the applicable elected representative of the City, I hereby specifically approve the Bonds described above and the use of the proceeds of such Bonds for the purposes stated above. SIGNED AND SEALED this day of 1996. Mayor, City of Denton, Texas, Texas (SEAL) ATTEST: City Secretary, City of Denton, Texas, Tex is 427517/960324 r u 4prnla IJO _~~/T- - Apr~l. oatc E•I___ CERTIFICATE 1, the undersigned, am an) authorized representative of the North Texas Higher Education Authority , Inc. (the "Issuer" duly appointed by such Issuer to conduct a public hearing (the "Hearing') at 10:00 o'clock a.m. on February 5, 1996, and do certify as follows: 1. On behalf of the issuer, I conducted the Hearing in the offices of the Higher Education Servicing Corporation located at 201 E. Abram, Suite 800, Arlie, .on, Texas. The Herring concerned the issuance of student loan revenue bonds ^f the Issuer. 2• A true, full and correc, copy of the minutes of the hearing is attached hereto. 3. On January 21, 1996, public notice of the Hearing was published in a newspaper of general circulation in, and published in, the City of Arlington, Texas. On January 21, 1996, public notice of the hearing was published in a newspaper of general circulation in, and published in, the City of Denton, Texas. Attached hereto following the minutes of the Hearing are affidavits of publication relating to said public notices. SIGNED this day offgbayly 1996. Name• f Title:_ hccicran~ e Y r G N MIND TIES OF THE HEARING OF [Avnda o FEBRUARYS, 1996 ila~5~ The public hearing for the purpose of hearing from interested members of the public cor.ceming the proposed issuance of obligations by North Texas Higher Education Authority, Inc. (the "Bonds") and the utilization of substantially all the proceeds of the Bonds by the North Texas Higher Education Authority, Inc. for the purposes of (1) student loan notes, (2) refunding outstanding obligations of the Authority, purchasing certain funds for the payment and security of the Bonds, and (4) paying certain expenses in connection with issuance of the Bonds, as provided and limited by the Internal Revenue Code of 1986, as amended, and the Texas Education Code, as amended, was opened at 10:00 o'clock a.m. The undersigned requested all persons who desired to speak either for or against the issuance of the obligations to so indicate by raising their hands. The following persons present at the hearing so indicated: None Following such comments, the undersigned then announced that the hearing was closed. Narrte. Title: Auj nt 4Pr~ S 4 yy...,~na44+ - O as 3-r-q~„ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: March 5, 1996 SUBJECT: Resolution Approving the Implementation of a Revised Policy, Family and Medical Leave (0107.04), effective April 1, 1996 EC ENDATIO : It is the stafffs recommendation that the City Council adopt a resolution implementing a revised policy, Family and Medical Leave (0107.04), in compliance with the final regulations of the Family and Medical Leave Act. &V&I RYA • The Family and Medical Leave Act (FMLA) was enacted on February 5, 1993. With implementation of the final regulations, minor changes to the City's existing policy are requested. The purpose of the Family and Medical Leave Act (FMLA) of 1993 is to foster "stability in the family and productivity in the workplace". The city implemented a policy in response to this regulation August 5, 1993, (Attachment I). The proposed revisions to the FMLA policy are consistent with the current practices of the City and support the changes to this finalized federal regulation. AP. 00AA9 02,A9/96 L S A7aria fro Family and Medical Leave Policy (1307.04) LO p~ndalrem March 5, 1996 Page 2 to 4 BACKGROUND: The Family and Medical Leave Act entitles qualified employees up to twelve weeks of unpaid leave per year for: birth or adoption of child • the care of a child, spouse or parent with a serious health condition or the employee's own serious health condition. Employers are covered under this law if 50 or more employees are employed at least twenty weeks in the current or preceding calendar year. In response to the implementation of the final regulations, the following proposed changes to the FMLA policy are recommended: 1) The method used for determining the twelve month period in which an employee's twelve weeks of leave may occur will be the "rolling 12 month method". The 12 month entitlement will be calculated from the date a qualifying leave begins rather than a calendar year. 2) For more consistent administration and coordination of FMLA with other leave policies, an employee's leave entitlement will be charged when the employee is absent five or more consecutive days and the absence qualifies under FMLA. This change ensures the City is providing employees with a reasonable notification period and the City reasonable protection against the potential liability of lengthy leaves. 3) To consistently administer FMLA with other leave policies, employees who qualify for the birth or adoption of a child must first use accumulated sick leave. when sick leave is exhausted, the employee would use any accumulated vacation time. 4) A new form, provided by the Department of Labor, has been incorporated with the revision to this policy. This new form is required for certifying a qualified medical leave by the employee's health care provider. APPOOAA9 02/19/96 i ~rrCa f;~ E6 Family and Medical Leave Policy (1107.04) r''°"~af,em st March 5, 1996 Page 3 To administer FMLA concurrently with other leave policies, minor revisions will be made to the administrative procedures of the following policies: 1) Sick Leave (1111.01) 2) Vacation/Bonus Time (1107.03) 3) Death in the Family Leave (1111.06) 4) Longevity Pay (1107.07) 5) Holidays (1107.02) 6) Personal Leave Without Pay (1111.08) 7) Off-Duty Injury or Illness (1107.05) 8) Occupational Injury Benefit (1409.1) The final regulations reflect policies and practices already adopted by the City. The implementation of this revised policy, (1107.04 Attachment II), completes compliance with the Department of Labor final regulations. OGRAMS. DEPARTMENTS OR GROUPS AFFECTED: The Family and Medical Leave Policy affects il) employees who meet the requirements of the federal entitlement. FISCAL IMPACT: No direct fiscal impact is associated with approval and implementation of the revised policy. Respectfully submitted, Rick Svehla Acting City Manager Prepared by: Thomas W. Klinck Director of Human Resources APPOOAA9 92/19/96 V r' Family and Medical Leave Policy (1107.04) March 5, 1996 a:a ktn Page 4 Approved by: 9QW l M Oervices cutive Director Municipaand Economic Development APPOOAA9 02/19/96 S f s' A,cnda Ila Apnda Iten Dirt q( Attachment I FAMILY AND MEDICAL LEAVE (1107.04) Effective August 5, 1993 APPOOAA9 02/19/96 r i CITY OF DENTON PM;E_j_O? I POLICY/ ADMINISTRATIVS PROCEDURE/ADMINISTRATIVE D ~ sECrior: Data Ee: Susan Resources 107.04 SLNECt: EtfECTl4t OATS: m to ee Benefits and Services 08/05/93 TITIEt EEOLACES: Family and Medical Leave 1. POLICY SYATLIOT. i it is the policy of the City of Denton to provide authorized unpaid leave fcr family and medical reasons to ellglble employees in accordance with the provisions of the "Family and Medical Leave Act" of 1997, 29 USC $2611 et seq., as amended, the "Act." The purpose of this policy is to enable eligible employees to take reasonable absences from work for up to twelve (12) workweeks of unpaid leave during any 12-month period for one or more of the following, in accordance with the ter-1 of the Actt A. Upon the birth of the employee's child. 8. Upon the placement of a child with the employee for adoption or foster care. C. In order to care for the employee's spouse, child, or parent who hAs a serious health condition. D. when the employee is unable to perform the functions of his or her positic•. because of a serious medical condition. The leave may be taken on a reduced leave schedule. In the event of a conflict between this Policy and Policy Numbers 110.01 acs 111.01, the provisions of this Policy shall be controlling. It. ADMINISTRATIVE PROCEDVRLSt DETINITIONS As used in this Policy and Procedure, the following terms have the mean.in;A ascribed to them. A. "Child" is a biological, adopted, foster, or step son or daughter who ii under 18 years; or 18 years of age or older and incapable of self taro tecause of mental or physical disability. 9. "Eligible Employee' is a regular full-time or part-tire employee who has teen employed for at least 12 months by the City of Denton and has worked for at least 1,250 hours of service during the 12-month period irarediately preced;n; the effective date of the leave. AAA0191S i Agenda Ito - ~df5~. POLICY/ADMINISTRATIVE PROCLDORE/ADMINISTRATIVE DIR Coe 1 YOU: Date_ laaily and Medical Leave 10"-- C. 'Reduced Leave Schedvle' means a leave schedule that reduces the usual number of hours per work week, or hours per work day of an employee' Only the amount of leave actually taken may be counted toward the 12 weeks of leave. Where an employee normally works a part-time schedule or variable hours, the amount of leave is determined on a pro-rata basis. D. "Parent' normally means the biological parent of an employee. It can mean an individual who had the day-to-day responsibilities to care for and financially support the employee when he or she was a child A biological or legal relationship is not necessary. The term does not include parents "in-law.' E. 'Spouse' is a husband or wife as recogn;ted under State law for the purpose of marriage, including common law marriage. F. "Serious Health Condition" means an illness, injury, impairment or physical or mental condition that involves: (I) inpatient care in a hospital, hospice, or residential medical care facility) or (ii) continuing treatment for a chronic or long-term health condition that is incurable or so serious, that, if not treated, would likely result In a period of incapacity of more than three (3) calendar days, or (iii) absence from work, or school, or incapacity in performing otter dail•, activities in the care of a family member, for a period of -ore than. three (3) days, and would require continuing treatment of a healt` care provider. 0. "Health Care Provider" means any individual authorized to provide medics: service by the State of Texas and performing within the Scope of h:s cr he. practice as defined under State law. AUTHORIZATION OF LEAVE Any leave exceeding two (2) workweeks, which qualifies as a family and medics: leave must be documented on the "Family and Medical Leave Ford." A written certification of physician or practitioner, or adoption notification :otter wit: be required. Any leave exceeding eight (8) workweeks will require the approve: of the Department Director. Written notifications must to sent to the Human Resources Department in a:: Instances where a leave has been approved for an e--plofee, i.e., a rap:etet Family and Medical Leave 7equest form and Certification of Phrslciar% c: Practitioner. IIr. CONDITIONS OF LEAVE To receive authorized medical leave under this Policy, an employee must have been employed by the City of Denton for at least 12 months and must have worker for at least 1,250 hours during the 12-month period preceding the effective date of leave. The employee must be employed in a regular full-time o: part-ti-e position to qualify for leave. AAA01915 PAGL~,Ot Agenda I!o- POLICY/ADMINISTRATIVE PROCLDCRE/1►DMINISTRI►TIVE DIRE 'ftft ilnf: 107.0{ ruiiy and Medical Leave he or if the emploee aid hleavectiritcauntil It iis xhausted. Thecbalance of thes12 must take ke p workweeks allowed under th+ Pamily and Medical Leave Act and this Policy will be provided without pay. It the necessity of leave is foreseeable based on planned medical treatment tc care for the spouse, child, or parent of the employee due to such relative's serious health ondition or because of a serious health condition of the employee, the employee shalli 1) make a reasonable fortthe emchedule he treatment so as not to disrupt unduly the operations 30 take rleavehfortsuchstreatme t b tore thecdate the not Z) employs intentions tper employ leave is to begInt in the event the date of the treatment requires leave tc begin in less than 30 days, the employee shall provide such notice as ►s practicable. rCreotNO TWO f2► WO s: IV. NpTI/ICATION AND AEPORTiNO ALQUTA13O:NT4 FOR I.LJAVL t' All family medical leave must be docurented using the 'Family and Y.e-!Lcal tea'_f Form." The employee's supervisor shall require medical certification, In a form as child, own Exhibit condition, or topcare for la 1 erfiouslya ifor the attached of ths employes's as spouse, or parent. The certification must include an estimate of the period o` time care is needed. The supervisor shell give t coved royellup o15 to Cs the provide medical certification from a health care p perform thet functions of `is cord her is unable the statements thown medical at condition, position. r*n If the need for leave is foreseeable the employenmust,e Ito practlca5 e, oprovide on an expected birth or placement, the supervisor with at least 30 days written notice before the dare the leave is to begin. If the need is for Intermittent leave or leave on a reduced leave W.edule, the treatment, or,wthehedical giver. and certification the duration shall include leave schedule. In kwee of illness ir musttperiodic allytonotify the esupervisoraabout the workweek ks, the employee noticeeshould be presentedntohthe supervisor eatsintervals of not more than ufour (C) workweeks. The supervisor may, where he or she has reason to doubt the prov,ider the at- opinion of a provided alreire Oat second employee, validity obtain h the certification ployea ployee by the leave. TThe°cost ofnthessecond opinionishall beipaidmbyithecCitylSed for such. AAA0191S PAGES qF nJa No, (to POLICY/ADKIXISTRATIV= FROCEDURE/ADI(INISTRATIV4 D Tltlio wily and lfedical Leave 101.01 The employee may be required to transfer temporarily to a position that better accommodates recurring periods of absence if the employee is on reduced leave schedule. to work conditionrnthe supervisor mthe ay requireethe employsocto due e a serious Nation of fitness-for-duty. The certification of fitness mustent a certificaton employee's attending health care provider. If the smployee's leaveeexceeds four workweeks due to the employee's own illness the employee must submit a employee israble-ytofperformothe dutieshof his or her which shows that the the health condition that caused the need for his or hot leave with respect to positio V. SO'1•s SPOUSES WORK FOR TBA CITY Spouses who are both employed by the City are entitled to a 19"a of /I workweeks of leave combined for the birth or adoption of a child. VI. STATUS OF S MEFITS AND D(PLOMENT DURING LEAVX During the leave authorized by this Policy, the City will continue to make its portion of the health insurance contribution. The erployee must continue to pa; his or her portion of the health insurance premiu-t, including premiuns f-; dependent coverage. Sick leave, vacation time, and holiday benefits shall not accrue during t!e period of unpaid leave. The accrual of sick, vacation time, and holida: benefits will resume upon the employee's return to work. Longevity benefits will be paid less the period of unpaid leave. Upon returning to work, the employee must be fit to perform the same job he she held befor:J going on leave, or an equivalent position (not necesssri•y a comparable or ilar position. The equivalent position must have saae pat corresponding duties, terms, conditions, and privileges of the previc;i position, and must entail equivalent skills, efforts, responsibilities a-: authority. VII. LEAVE REQUEST AND APPROVAL REQUIREatFNTS The employee must provide his or her supervisor with a completed C'ertifica•.•- of Physician or Pract, itionor form Exhibit ^A") as regvired by Section IV - these Procedures. The employee must complete a amil~Xedicsl Leave Form to qualify for leave. Rees If leave is due to adoption, the employee must provide his or her super-.,;s:: with the appropriate adoption notification letter. if the leave request meets the requiresents of this Policy and Procedure, tit supervisor designated on the leave form shall approve the leave and forward i copy to the Director of Human Resources for the employee's personnel file. if an employee (mils to give timely advance notice when the need for medica. leave is foreseeable, the City may deny the taking of such medical leave unti; AAAG1915 { 4 I PAG«'GF_)_ 7~Q p~~ 1 POLICY/ AC MINISTRATIVE PROCEDURE/ADMINISTRATIVE DIREC IVE (toat~lau~) 9~ Iltlt: etltef+Kt KMItf: laaily and Medical Leave soi.o~ thirty (30) days after the date the employee provides notice of the need for medical leave. If an employee fails to provide in A timely manner a requested medical certification to substantiate the need for leave due to a serious health condition, the supervisor may deny leave until the employee submits the certificate. If an employee fails to provide in a timely manner a requested fitness-for-duty certification to return to work, the supervisor may deny restoration until the employee submits the certificate. The Department of Labor Regulations governing the administration of the Family and Medical Leave Act and the Act are available at the Human Resources Department for employees' review. AAh01915 i Qer, a ,o >'amy AND KRDIC7IL L>JY7 AZQ NAME DATE DEPARTMENT DIVISION SICK LEAVE HOURS ACCUMULATED VACATION HOURS ACCUMULATED BEGINNING OF LEAVE DATE OF RETURN NUMBER OF WORKWEEKS OR WORK DAYS ABSENT HAVE YOU USED APPROVED FAMILY AND MEDICnI. LEAVE WITHIN THE PAST 12 MONTHS? _ YES ` NO EXPLANATION: I understand that if my leave exceeds four workweeks, I must submit a 'fitness for dutf• report from a health care provider which shows that I as able to perform the duties of ■y position with respect to the health condition that caused the need for aT issue. EMPLOYEE SIGNATURE DATE _ APPROVED BY :ATE APPROVED BY • IMMEDIATE SUPERVISOR CATE (Up to 1 Wor;c~e--'u) • 2nd LEVEL SUPERVISOR DATE (a to a Work..ee'o; • DEPARTMENT DIRECTOR CATE (Exceeding 8 vorkveeksl * Employee cist provide certiflcaticn of physician or practitioner, or adoption notificatica letter for leave exceeding 2 workweeks. IW 01916 r Agenda No Agenda Item Date EXHIBIT A CERTITICATION or PHYSICIAN OR PRACTITIONZR (family and Medical Leave) 1. Employee's Name: 2. Patient's Name (If other than employees 3. Diagnosies 4. Date condition commenced: 5. Probable duration of conditions 6. Regimen of treatment to be prescribed (Indicate number of visits, general nature and duration of treatment, including referral to other provider of health services. Include schedule of visits or treatment it it is medically necessary for the employee to be off work on an intermittent basis or to work less than the employee's normal schedule of hours per day or days per week.): a. By Physician or Practitioner: b. By another provider of health services, if referred by Physician or Practitioners IF TIIS CERTIPICATION RELATES To CARE FOR T8E EMPLOYEE'! SERIOUSLY ILL PAMILY MEMaER, SKIP ITOIS 7, 1 AND 9 AND PROCEED TO ITEMS 10 TBRU 14 ON PACE 2. O:EERNISI, COMT M EIADW. Check Yes or go in the boxes below, as appropriate. Yes No 7. 0 0 ?s inpatient hospitalization of the employee required? 0. 0 0 Is employee able to perform work of any kind? (If 'vo,• skip Item 9.) 9. 0 0 Is employee able to perform the functions of employee's position? (Answer after reviewing statement from employer of essential functions of employee's position, or, if none provided, after discussing with e.rployee.I 15. Signature of Physician or Practitioner: _ 16. Dates r 10 f Agenda No. b Agenda Item f 13 Date 17. Type of Practice (Field of Specialization, if any): FOR CERTIFICATION RELATING TO CARE FOR THE EMPLOYEE'S SERIOUSLY ILL FAMILY KEmBE$, COMPLETE ITEMS 10 THRU 14 BELOW AS THEY APPLY TO THE FAMILY MEMBER AND PROCEED TO ITEM 15 ON PAGE 1. Yee No 10. 0 0 Is inpatient hospitalization of the family member (patient) required? 11. 0 0 Does (or will) the patient require assistance for basic medical, hygiene, nutritional neede, safety or transportation? 12. 0 0 After review of the employees signed statement (See Item 14 below), is the employeo's presence necessary or would it be beneficial for the case of the patient? (This may include psychological comfort.) 13. Estimate period of time care is needed or the employee's pretence would be beneficial: ITEX 14 IS TO BE COMPLETED BY TIC VO LOYEE NEEDING FAMILY LEAVE. 14. When Family Ler,ve is needed to care for a seriously ill family member, the employee riall state the care he or she will provide and an estimate of the time Fariod during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced leave schedule: Employee signature: SSNi Cepartment/Division: _ i Date: ck..o. n A c 6 r Rpe.~da t;em oats Attachment II FAMILY AND MEDICAL LEAVE (1107.04) Effective April 1, 1996 tr• APPOOAA9 02/19/96 V CITY OF DENTON r X "00I P0LICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIREFir'YA1 ~Iran m. AWj~`Or _d__ SECTION: Da!° HUMAN RESOURCES SUBJECT: 107.04 FFFECT TVE DATE; EMPLOYEE BENEFITS AND SERVICES TTTLE: Ot O1 96 REPLACES: FAMILY AND MEDICAL LEAVE 08 OS 93 I. POLICY NTATZNZVTa The City of Denton shall provide authorized leave for family and medical reasons to eligible employees in accordance with the provisions of the "Family and Medical Leave Act" (FMLA) of 1993 and its amendments. The purpose of this policy is to enable eligible employees to take absences from work for up to twelve (12) weeks during a 12-month period for new child leave and/or medically-related reasons due to a serious health condition regarding self, spouse, child or parent. II. DEFINITIONS: A. Child is a biological, adopted, foster, legal ward, child of a person ace yearsioidl orhwholis overaISayears oldaandeinc pAbledaughter self care is a mental and/or physical disability. because of B. Spouse is a husband or wife as defined by State law, including common law marriage. C. Parent is the biological parent of an employee or an individual who had day- to-day responsibilities to care for and financially support the employee when e/he was a child. The term does not include parents-in-law. 0. Serious health condition is mental con an illness, injury, impairment, condition that inv ves Y. pairment or physical or connection with inpatient care and/or inpatient conti uing treatmentubytathealthncare subsereat in provider as describcd in the FMLA regulations. E. Health care provider is an authorized individual who provides health care services. F. New child leave is approved leave for the birth of a child or placement of a child for adoption or foster care. G. Intermittent leave is taken in separate blocks of time rather than one continuous period. N. anReduemplced mal workfschedule. Fao per employees hours er work partatime thin or variable hours, the leave is determined on a pro-rata basis. APP0092B z DIR en~ Y10 POLICY/AD)1INI8TR)►TIVE PROCEDIIRE/ADMINISTRATIVE E VE (Coat inued) Ci F-- ~r~r~ro~as - Family and Medical Leave lo7,oe III- AWINIETRATIVE IROCiDURRtt A- Employees covered by this policy include all Ctty employees who have been employed for At least 12 months and who have worked at least 1,250 hours during the 12-month period preceding the effective date of leave, B- All FMLA leave exceeding five (5) Consecutive days must be documented on the "Family and Medical Leave Request" form and will be charged against the employee's entitlement. Any leave exceeding eight (8) weeks will require the notifiestion of the Department Director. C. In addition to a completed "Family and Medical Leave Request, form, employees requesting leave for medically-related reasons must also provide medical certification by submitting a completed 'Certification of Health Care Provider" form. D. All necessary paperwork must be completed and returned to the Human Resources faile tto provide medical certification in ha timely manners the City mayldeny the leave request until certification is submitted. E. The City will use a "rolling" 12-month period measured backward from the date an employee uses any leave under the FMLA. F. If an employee has accumulated sick or vacation time, s/he must take paid leave first until paid leave is exhausted. If s/he chooses, non-exempt employees may also use any accumulated compensatory time. The balance of the employee's FMLA entitlement will be provided without pay, G. If the need is foreseeable, employees must give a 30-day written) of their desire to take family and medical leave. The Citylmay delay the requested leave if an employee fails to give adequate notice. I H. Upon the approval of new child leave, employees must first use accumulated sick leave. When sick leave is exhausted, employees would use any accumulated vacation time. 1. Spouses who are both employed by the City are entitled to 12 combined weeks for new child leave. J. Upon City approval, employees requesting intermittent or reduced schedule leave may be required to provide medical certification. K. If the City has reason to douFt the validity of a medical certification provided by an employee's health care provider, the City may require employees to obtain a second opinion at the City's expense. If the first and second opinions differ, a third opinion from a health care provider chosen jointly by the City and the employee may be requested at the City's expense. The third opinion is final and binding, L. During approved FMLA leave, the City may require an employee to periodically report to hie/her supervisor about the employee's status and intent to return to work. APP00928 i - POLICY/ADMINIOTRATIVE PROCEDURE/ADmiNrSTRATIVE DIRE4TM1 ZVE (Coe tauedj~ TRLE: 0a:e , 7ami1 and Medical Leave 307.0{ M. The City may request tification ( not more often than every 30 days) during an employee's approved IMrA leave and/or medical certification upon anirceums mployeeances t 's Ireturane[ nmp to duty, depending on the employees individual c, loyee fails to provide return-to-duty certification, the City may deny job restoration until the certification is submitted, N. During approved 7NLA leave, the City will continue to cover the employee's portion of the health insurance premium. The employee is required to pay health insurance premiums for any dependent coverage through payroll deduction or personal finances. 0. Vacation/bonus time, sick leave, and longevity benefits will not accrue during an employee's unpaid FMLA leave status. Employees will not receive death in the family leave pay, holiday pay, or any other paid benefit during an unpaid FMLA leave status. These benefits will resume upon the employee's return to work. P. The FMLA policy is administered concurrently with all other relevant City policies. For questions regarding sick leave, holiday pay, death in the family leave, vacation/bonus time, longevity pay, personal leave without pay, off duty injury or illness end/cr occupational injury benefits, please see the specific policy for details. Q. When an employee returns to work in accordance with FMLA regulations, the employee will return to an equivalent position with oquivalent benefits, pay and other terms and conditions of employment. R. Department of Labor regulations governing the FMLA are available for review at the Human Resources Department. Employees who fraudulently misrepresent themselves and/or circumstances regarding this policy will be subject to disciplinary action. APP00923 . r. L FAMILY AND MEDICAL LEAVE RE~U NAM DATE DEPARTMENT DIVISION SICK LEAVE HOURS ACCUMULATED VACATION HOURS ACCUMULATED SEfiIKMINO or LEAVE DATE OF RETURN MUMSER OF WORKWEEKS OR WORE DAYS ABSENT HAVE YOU USED APPROVED FAMILY AND MEDICAL LEAVE WITHIN THE PAST 12 MONTHS? ` YES NO EXPLANATION: I understand that for any qualified FM A event, I must submit a "fitness for duty" report from a health care provider which show that I as able to perform the duties of ay position with respect to the health condition that caused the used for my leave. EMPLOYEE SIGNATURE DATE _ APPROVED BY HUMAN RESOURCES DATE • IMMEDIATE SUPERVISOR DATE _ (Up to 3 Workweeks) • 2rd LEVEL SUPERVISOR DATE (4 to 8 Work:eeks) • DEPARTMENT DIRECTOR DATE (Exceeding 8 Workweeks( • Employee must provide certification of health care provider, or adoption notification letter for any qualified FMLA leave. I AAA01911 rye tot! I . ,„.,9 odd ~ - CERTIFICATION OF HEALTH CARE PRO ~~l t n VIDER (Family and Medial Leave Act of 1999) I. Employee's Name: 2. Patient's Name Of different from employee): 3. The following describes what is meant by a 'serious bWth condition' under the Family and Medical Leave Att. Does the patient's condition qualify under any of the categories described below? If so, please check the applicable category. A 'Serious Health Condition' means an illness, injury, impairment, or physical or mental condition that involves one of the following: (1) Hospital Care • Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care. (2) Absence Plus Treatment - A period of incapacity of more than three consecutive calendar days (including any subsequtnl treatment or period of incapacity relating to the same condition), that also involves: (a) Treatment two or mot eLc l by a health care provider, by a nurse or physician's assistant under direct supervisiooof a bealth care provider, or by a provider of health care services (e,g., physical therapist) under orders of, or on referral by, a health care provider; or (b) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. (3) Pregnancy • Any period of incapacity due to pregnancy, or for prenatal care, _ (4) Chronic Conditions Requiring Treatments • A chronic condition which: (a) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a healthcare provider; (b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). _ IS) Permanent/Long•lerm Conditions Requiring Supervision • A period of incapacity which is permanent or long-term due to a condition for which treatment may riot be effective. The employee or family member must be under the continuing supers ision of. but nerd riot be receiving a;ti%e treatment by, a health care provider. Examples inJude Alzheimer's, a severe stroke, or the terminal stages of a disease. _ (6) Multiple Treatments (Non-Chronic Conditions) • Any period of absence to receive multiple treatments (including any period of (no~ery therefrom) by a health cart provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe anhritis (physical therapy), kidney disease (d;,,Js _ (7) None of the above. r 0 i } Page 2 of 3 F--- - - - 4. Describe the medical face which support your certification, includin i btieVimt 0-how_ the medical facts meet the criteria of one of these categories: n.;r-~~~~ 5. a. State the approximate date the condition commenced, and the probable duration of the condition (and also the probable duration of the patient's present incapacity if different): b. Will it be necessary for the employee to take work only irtermittendy or to work on a less than full schedule as a result of the condition (including for treatment described in Item 6 below)? ❑ Yes ❑ No If yes, give the probable duration: c. If the condition is a chronic condition (:ondition A'4) or pregnancy, state whether the patient is presently incapacitated and the likely duration and frequency of episodes of incapacity. 6. a. If additional treatments will be required for the condition, provide an estimate of the probable number of such treatments: If the patient will be absent from work or other daily activities because of treatment on an intermittent or pin-time basis, also provide an estimate of the probable number and interval between such treatments, actual or estimated dates of treatment if known, and period required for recovery if any: b. If any of these treatments will be prosided by another provider of health services (e g., physical therapist), please state the nature of the treatments It a regimen of continuing treatment by the patient is requir,J under sour supervision, provide a general descripilon of such regimen to 8., pres;ription drugs. physical therapy requiring special equipment): 7, a. If medical leave is required for the employee's absence from work because of the employee's own condition (including absence due to pregnancy or a chronic condition), is the employee unable to perform work of any kind? S f P4e3of3 b, If able to perform some work, is the employee unable to perfot any, p` e or ~ b essential functions of the employee's job (the employee or the eZoyser u with information about the essential job functions). ❑ Yes _N e list the essential functions the employee is unable to perform; c. If neither 'a' nor 'b' applies, is it necessary for the employee to be absent from work for treatment? 8. a. If leave is required to care for a family member of the employee with & serious hWth condition, does the patient require assistance for basic medical or personal Deeds or safety, or for transportation? 0 Yes 0 No b. If no, would the employee's presence to provide psychological comfort be benefcia) to the patient or assist in the patient's recovery? c. If the patient will need care only intermittently or on a part-time basis, please indicate the probable duration of this need: (Signature of Health Care Provider) (Type of Practice) (Address) (Telephone ,,Number) To be completed b} the emplu.sev needing famih lea%e to care for family member: State the care you will prn.,ti,Je a:.J an estimate of the period d,;rirg 'Ahich care µi11 be prosided, including a schedule if leave is to be taken irtermai,ndy or if it will be necessary for you to µork less than a Pull schedule: (Employee Signature) (Date) MMiM V E;%WP000WES\r0.M,NED I "rca I'er~ _ _ RESOLUTION NO. A RESOLUTION ADOPTING A PERSONNEL POLICY RELATING TO FAMILY AND MEDICAL LEAVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a revised policy regarding certain employee rules and regulations for the council's consideration; and WHEREAS, the City Council desires to adopt this policy to respond to final rules of a federal regulation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: Family and Medical Leave (Reference No. 107.04) SECTION tr. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records of the City of Denton with the City Secretary. SECTION III The previous policy relating to Family and Medical Leave (Reference No. 107.04), adopted by resolution of this Council on August 5, 1993 is hereby rescinded. SECTION IV That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity 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. April 1 T ON 9V. That this resolution shall become effective , PASSED AND APPROVED this the day of , 1996. BOB CASTLE-BERRY,--RUYOR ATTES.: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Apenty Na -D l MI-OnG ADn Item . 10f- CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: DEBT SERVICE MANAGEMENT POLICY ECOMMENDATION: Staff recommends that the City Council approve the attached Debt Service Management Policy. During your February 27, 1996 meeting we discussed the policy and you directed us to place the policy and appropriate resolution on the March 5, 1996 agenda. The document represents our current practices and was designed to be a comprehensive capital financing policy. BACKGROUND: State and focal governments in the United States finance capital improvements in many different ways. Current revenues from taxation, property assessments, user fees, fines and forfeitures are used as a sort of "pay-as-you-go" method of improving infrastructure. Grants are another important source of revenue, although this source has declined in importance over the last few decades. Most important, however, is the use of borrowed funds and these are largely obtained from the sales of securities. As citizens of the United States became more mobile, moving their place of residence on an average of once every five years, the use of bonds to finance infrastructure has taken on a new importance. By using bonds to finance capital improvements, new residents pay a proportionate share of debt service through taxation for improvements that ware made to accommodate their arrival. The use of bonds also is appropriate when the necessary improvements are too expensive to be affordable on the basis of a single appropriation. Because of the scrutiny of focal government's financial management due to the default of i Orange County, California and other events occurring around the country, it is now important to reduce our current capital financing practices to writing. This policy will improve communication among staff members, individuals in our community, bond rating agencies and those individuals who purchase our securities. We are also hopeful that this document will assist in persuading national rating agencies to improve our bond rating. SUMMARY: Although the policy is comprehensive, it is not unnecessarily restrictive. The issues in the policy range from identifying the individuals who will be responsible for the debt management program of the city to identification of the type of debt instruments that will be utilized. The policy also discusses the bidding parameters for accepting competitive bids and debt enhancement alternatives. Finally, the policy discusses ways in which we can limit our arbitrage liability. r Council Report Format Dart - March 5, 1996 Q r. Page 2 i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED, FECTED, All of the d3partments, divisions agencies of the City of Denton that utilize debt funds will be affected by the policy. a jr, taddition, our bond rating agencies, financial advisor, bond counsel and the individuals who purchase our securities will be affected. HSCAPACT: None Respectfully submitted: Rick Svvehla~-~/-&v Rick Prepared by: Acting City Manager Aarlan Jefferson r of Fiscal Operations Approved by: 4hu 6 so,Executive Director of Finance AFF010DE FncMeuro; Debt SnNice Menepenent Policy 'v CITY OF DENTON I of 7 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Datc SF.CTIO' N: FINANCE REFERENCE NUMBER: SUBJECT: DEBT MANAGEMENT POLICY EFFECTIVE DATE: TITLE: DEBT SERVICE MANAGEMENT REPLACES: I I PURPOSE The Debt Management Policies set forth comprehensive guidelines for the financing of capital expenditures. It is the objective of the policy that (1) the City obtain financing only when necessary, (2) the process for identifying the timing and amount of debt or other financing be as efficient as possible and (3) the most favorable interest and other costs be obtained. RESPONSIBILITY The primary individual who shall be involved in development of financing recommendations will be the Director of Fiscal Operations. The Executive Director of Finance shall be responsible for all debt financing activities, and shall establish a system of control to regulate the activities of the Director of Fiscal Operations. To assist with the development of recommendations, there is hereby created a debt management committee consisting of the City Manager, Executive Director of Utilities, Executive Director of Finance, Director of Fiscal Operations, Controller, Chief Finance Officer, and Internal Auditor; and Financial Advisor and Bond Counsel as ex-officio members. The responsibilities of the committee shall be to: • meet as necessary to consider the need for financing and assess progress on the Capital Improvement Program, • meet as necessary in preparation for a financing, • review changes in state and federal legislation, and to, • review annually the provisions of ordinances and/or resolutions authorizing issuance of obligations, and to • annually review services provided by the Financial Advisor, Bond Counsel and Paying Agent to evaluate the extent and effectiveness of services being provided. Prior to the debt management committee meetings, a written report shall be prepared on the status of Capital Improvement Program financing. The report shall be based in part on information collected from the primary capital improvement project managers in the city and shall include a projection of near term financing needs compared to available resources, an analysis of the impact of contemplated financings on the property tax rate, utility rates, user charges, and a financing recommendation. in developing financing recommendations, the Debt Management Committee shall consider: • the time proceeds of obligation are expected to remain on hand and the related carrying cost; • the options for interim financing including short-term and interfund borrowing, taking into consideration federal and state reimbursement regulations; • the effect of proposed action on the tax rate and user charges; AAAW F 19 Revised 02,19 96 i. u POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE ((Conti ved) =ED :SE; VICE MANAGEMENT e trends in interest rates; e other factors as appropriate. Bond Counsel Involvement shal Council in advi ordinane( )1 a d/or sesolutionthe City ctionashallabertakentwith nre respect t to bond new obligations until a written instrument has been prepared by the bond attorneys certifying the legality of the proposal. The bond attorneys shall prepare all ordinances and other legal inctruments required in the execution and sale of any bonds issued, which shall be reviewed by the City Attorney and Director of Fiscal Operations. The City will also seek the advice of bond counsel on all other types of financings and on any other questions involving federal tax or arbitrage law. Financial Advisor Involvement The City will seek the advice of the financial advisor on an ongoing basis. The financial advisor will advise on the structuring of obligations to be issued, inform the City of various options, advise the City as to how choices will impact the marketability of City obligations and will provide other services as defined by the agreement approved by the City Council. SHORT-TERM DEBT General Short-term obligations may be issued to finance projects or portions of projects for which the City ultimately intends to issue long-term debt; i.e., it will be used, when appropriate, to provide interim financing which will eventually be refunded with the proceeds of long-term obligations. Short-term obligations may be backed with a tax and/or revenue pledge, or a pledge of other available resources. interim financing may be appropriate when long-term interest rates are expected to decline in the future. In addition, some forms of short-term obligations can be obtained quicker than long-term obligations and thus can be used until long-term financing can be obtained. Commercial Paper Due to exorbitant issuance costs associated with the marketing and placement of commercial paper in amount3 of less than approximately $30 million, it is not considered feasible for the City of Denton to issue this type of debt. in addition, cities may legally only issue commercial paper for revenue supported projects, and only certain cities are permitted by state law to do so. However, should the opportunity to in a disadvantages shallcobemmercial by the issuance Director l of Freent itself iscal Operationse advantages and LONG-TERM DEBT General Proceeds from the sale of long-term obligations will not be used for operating purposes, and the life of the obligations will not exceed the estimated useful life of the projects financed. AAA03F19 ~ Ro ked029;96 pACf p _ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Conlin edJ'^C'~p,r, Cf3 TITLE DEBT SERVICE MANAGEMENT P;CL'P Ntib185R:... Debt service structure will approximate level debt service unless operational matters and marketing considerations dictate otherwise. Unless circumstances dictate the issuance of larger amounts for a major project or the wil stri annual ssuance tooeither $5 m Il on orl$10 million to take adv ntagelof small oissuer exemptions in t federal arbitrage laws. Should subsequent g-term obligations the City's policies will be ad accordingly. in the law raise these limits, then justed accordingly. ! The cost of issuance of P P u cos bonds. Conse entlvate activity bonds is usually higher than for governmental economically benefit the City Private activity bonds will be issued only when they will The cost of taxable debt is higher than for tax-exempt debt. However, the issuance of taxable debt may be more appropriate in some circumstances, and may allow valuable flexibility in subsequent contracts with users or managers of the improvement constructed with the bond proceeds. Therefore, the City will usually issue tax-exempt obligations, may occasionally issue taxable obligation. Bonds Long-term general obligation or revenue bonds shall be issued to finance significant and desirable capital improvements. The general obligation bonds will be used for Purposes set forth by voters in bond elections. General obligations bonds will have an average life of approximately 15 years or less, revenue bonds will have an average life of approximately twent A resolution of intent to issue bonds authorizing staff to y (2 p) Years or less. shall be presented for the consideration of the City Council when the capital budget is presented or as soon thereafter as reasonab2 Proceed with preparations All bonds issued for the purpose of su 1•in y possible. public improvements shall be sold at a p Y q new monies as needed for current, ongoing pursuant to terms and conditions specifiedpublic, the Ciptetitive sale based upon sealed bids the publication of a proper notice of sale in y a Home Rule Charter which requires ~ includes municipal bond sale notices, statin 9 a national publication which regularly sale including, but not limited to, the time herd to a-id the place (which shall be in the City of Denton) that all sealed bids will relating be ublicly to the proposed before the City Council. The date advertised for Opening of the bids opened, bids shreadall and be tabulated than 30 days from the date of publication. o not less when cost-beneficial and when permitted under applicable ordinances, the City may consider the use of surety bonds, lines of credit or similar instruments to satisfy mandated debt service fund requirements on outstanding and/or proposed revenue bonds. Certificates of obligation Certificates of obligation may be issued to finance acquisition, the need for which arose between bond elections. In addit+. be used to finance cost overruns or to ac permanent improvements and land quire equipment. on, they may also In accordance with state law, a resolution authorizin to issue certificates of obligation shall be presented for the Council. The notice of intent shall be g publication of notice of intent least fifteen (15) days newspaper general circulation in the City once a week for two consecutiveiweeksiwith the f rst publicationfto begat prior to the sale date. AAA03F19 Rey iced 02/29,'96 r V " C"3 ESA 61 _'01n POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Cont nu j311n TITLE: DEBT SERVICE MANAGEMENT ~yI REFERENCE NUMBER: Certificates of obligation can be backed by revenues eligible to be pledged under state law Some revenues are restricted as to the uses for which they may be pledged. Electric, Water, Wastewater and Solid Waste revenues may be pledged without limit for Electric, Water, Wastewater and Solid Waste purposes, but may only be pledged up to $10,000 for non-water and wastewater purposes. Certificates of obligation may also be backed by a tax pledge under certain circumstances as defined by law. They may also be backed by a combination tax and revenue pledge. Public Property Finance Contractual Obligation Public property finance contractual obligations may be issued to finance the acquisition of personal property. Anticipation Notes Anticipation notes empower municipalities to issue debt without giving notice of intent. Anticipation notes may be secured and repaid by a singular pledge, but not a plural pledge, of revenue, taxes, or the proceeds of a future debt issue. Anticipation notes might be authorized by an ordinance adopted by the City Council. Anticipation notes may be used to finance projects or acquisitions that could also be financed with certificates of obligation. Anticipation notes have several restrictions which include: 1) Anticipation notes issued for general purposes must mature before the seventh anniversary of the date the attorney general approves the issue, 2) Anticipation notes may not be used to repay interfund borrowing or a borrowing that occurred up to/or more than 24-months prior to the date of issuance, 3) A governing body may not issue anticipation notes that are payable from bond proceeds unless the proposition authorizing the issuance of the bonds has already been approved by the voters. Negotiated Sale and Private Placement Bonds issued for the purpose of refunding and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace, and other complications peculiar to the issuance of refuniing debt. Whenever the option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to aid in the decision-making process. I (RFP) or n a negotiated sale, the underwriter may be selected through a request for proposals use of a relationship criteria usedato select an underwriters nta negotiated sale lshou d i ncludestheifollowing: i e Overall experience e Marketing philosophy e Capability e Previous experience as managing or co-managing partner e Financial statement AAA03F 19 Revised 01/29'96 v r T - I 'A t-:a:a ucm " POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRBCTIVS (Con ilj~ed) - y TITLE: DEBT SERVICE MANAGEMENT REFERENCE NUMBER: • P•iblic finance team and resources • Breakdown of underwriter's discount when cost-beneficial, the City may privately place its debt. Since no underwriter participates in a private placement, it may result in lower cost of issuance. Private placement is sometimes an option for small issues. The opportunity may be identified by the financial advisor. Bidding Parameters The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined include: • Limits between lowest and highest coupons • Coupon requirements relative to the yield curve • Method of underwriter compensation, discount or premium coupons • Use of true interest cost (TIC) versus net interest cost (NIC) • Use of bond insurance • Deep discount bonds • Variable rate bonds • Call provisions The City shall consider refunding debt whenever an analysis indicates the potential for present value savings of approximately 3.5% of the debt service being refunded. The City will not refund less than St of its outstanding debt at one time except in unusual circumstances such as when it intends to change bond covenants, or in the event the City's beat interests would be served by the restructuring of all or portions of outstanding debt. CAPITAL LEASING Capital leasing is an option for the acquisition of a piece or package of equipment. Leasing shall not be considered when funds are on hand for the acquisition unless the interest expense associated with the lease is less than the interest that can be earned by investing the funds on hand or when other factors such as budget constraints, need for reserves or vendor responsiveness override the economic consideration. whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be sought. The lease agreement shall permit the City to refinance the lease at no more than reasonable cost should the City decide to do so. A lease which can be called at will is preferable to one which can merely be accelerated. Since the market for lease financings is relatively inefficient, the interest rates available at any one time may vary wideJy. Therefore, the City shall consider obtaining at least three competitive proposals for any major lease financing. The net present value of competitive bids shall be compared, taking into account whether payments are made in advance or in arrears, and how frequently payments are made. The purchase price of equipment shall be competitively bid as well as the financing cost. AA S07F 19 Revised ON29,96 8 ~,~pAc1i~ aF~ ~ dR1;er?a Ile POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continu TITLE: DEBT SERVICE MANAGEMENT D rFERENCE NUMBER: The advice of the City's bond counsel and financial advisor shall be sought in any leasing arrangement and when federal tax forms 8038 are prepared to ensure that all federal tax laws are considered and complied with. The City may consider issuing certificates of participation to finance a very large project. Care should be taken because financing costs may be greater than for other types of financing. When possible, the lease agreement will be backed with a tax pledge. If the City is obligated to make payments more than a year in the future then the agreement will probably be considered debt by the state. However, if the payments are subject to annual appropriation by the City Council, then they may not. From time to time other types of financing may become available. Examples of these options are debt pools with other entities and low-interest loans from state agencies such as the Texas Water Development Board. At the direction of the Director of Fiscal Operations, the Treasury staff member(s) will prepare a written analysis of options. The analysis will include consideration of the advice of the City's bona counsel and financial advisor and be presented to debt management committee. RATIOS The Electric, Water, Wastewater and Solid Waste Funds total long-term debt outstanding shall not exceed the amount of combined fund equity. The City has both revenue bonds and other indebtedness of the Electric, Water, Wastewater and Solid Waste Funds. The City will endeavor to maintain two coverage ratios: 1.25 for revenue bonds; "technical coverage" and 1.25 for all indebtedness; "practical coverage." OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Director of Fiscal Operations under the supervision of the Executive Director of Finance. Information for the Official Statement is gathered from departments/divisions throughout the City. The City will take all appropriate steps to comply with the federal disclosure rules (i.e., Securities and Exchange Commission Rule 1502-12)• The City will provide annual and event disclosure to information repositories throughout the term of securities for the benefit of the primary and secondary municipal markets. Full disclosure of the operations will be made to the bond rating agencies. The City staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies. The City shall maintain a line of communication with the rating agencies (Moody's and Standr.rd and Poor, a), informing them of major financial events in the city as they occur, i The Comprehensive Annual Financial Report, Budget and Capital Improvement Plan shall be distributed to the rating agencies after they have been accepted/adopted by the City Council. The rating agencies will also be notified either by telephone or through written correspondence when the City begins preparation for a debt issuance. After the initial contact, a formal ratings application will be prepared and sent along with the draft of the official Statement relating to the bond sale to the rating agencies. This application and related documentation should be sent several weeks prior to the bend sale to give the rating agencies sufficient time to perform their review. AAA03 F 19 RnisM 02)29;96 D Agen~W. 9tQ Agenda Item POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continu% 'j r i TITLE: DEBT SERVICE MANAGEMENT REFERENCE NUMBER: A personal meeting with representatives of the rating agencies will be scheduled when a major capital improvement program is initiated, or to discuss material economical and/or financial developments which might impact credit ratings. CREDIT ENHANCEMENTS Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit enhancement will be evaluated for each debt issue. ARBITRAGE LIABILITY MANAGEMENT It is the City's policy to minimize the cost of arbitrage rebate and yield restriction compliance while strictly complying with the federal arbitrage laws. General Federal arbitrage legislation is intended to discourage entities from issuing tax-exempt obligations unnecessarily. In compliance with the spirit of this legislation, the City will not issue obligations except for identifiable projects with very good prospects of timely initiation. Obligations will be issued as closely in time as feasible to the time contracts are expected to be awarded so that they will be spent quickly. Responsibility Because of the complexity of the arbitrage regulations and the severity of the penalties for noncompliance, the advice of bond counsel and other qualified experts will be sought whenever questions about arbitrage rebate regulations arise. The Director of Fiscal Operations will maintain a system for tracking the arbitrage rebate liability and ensuring that required calculations are performed on a timely basis. They will either perform internal calculations or engage an expert to perform arbitrage rebate calculations at least annually. Funds should be set aside for any potential liability so that sufficient amounts will be available to pay any required rebate amount. The expenditures of obligation proceeds will be tracked in the financial accounting system by issue. Investments may be pooled for financial accounting and investment purposes. When bond proceeds are commingled with other investments, the City shall adhere. to the Internal Revenue Service regulations regarding the accounting and allocation of the commingled funds. Exceptions to the Rebate Requirement The arbitrage regulations provide several exceptions that will exempt interest earnings on a bond issue from the rebate requirement. These exceptions currently include: (1) small issuer exception, (2) six month spending exception, (3) 18-month spending exception, (4) 24-month construction spending exception, (5) investment in certain tax- exempt bonds, and (6) reimbursement of expenses paid prior to delivery of an issue. The City will coordinate with their arbitrage consultant, bond counsel and financial advisor to rake advantage of these exceptions whenever they are in the best interest of the City. AAA03F 19 Revitied 02/29/96 r a F E:\NPDOCS\PES\UEBT. PES RESOLUTION NO. A RESOLUTION ADOPTING POLICY NO, 408.05 "DEBT SERVICE MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Director of Pascal Operations for the City of Denton has presented a proposed policy regarding Debt Service Management for the Council's consideration; and WHEREAS, the Acting City Manager recommends adoption of the policy and the City Council desires to adopt such policy as an official policy regarding Debt Service Management; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: 408.05 Debt Service Management SECTION II_ That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. G-^TION III. That this resoltition shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~,j ~L_ f~.r~ k 1 to vl f Ago* No. Q~... AWoU e4m 00. CITY OFDENTM TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TFLF?HONE817.566-8309 Office of the City Secretary MEMORANDUM DATE: February 29, 1996 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies: Downtown Advisory Board - Anita Creach has resigned. This is a nomination for Council Member Cott. Traffic Safety Commission - Keith Martin is no longer a member of the Commission. This is a nomination for Council Member Brock. If you require any further information, please let me know. i Jen er Wa ters Cit ecret ry ACCOOOF4 'Dedicated to Quality Service' S 1 F i'. fill P t,J ~ Y J CITY of DENTON, TEXAS MUNICIPAL BUILD/N44**4O 9ZON, TEXAS 76201 (817) 566.8200 v DFW METRO 434-2529 February 21, 1996 Keith Martin 2119 Stonegate Denton, TX 76201 Dear Mr. Martin: Re: Traffic Safety Commission Our records indicate that you have not attended a TSC meeting since April 1995. It's extremely important that commissioners be present. We assume your schedule has become such that you can no longer serve on the commission. The City Secretary has been notified to find you a replacement. Thank you for your past service! We sincerely appreciate your participation. Sincerely, ` C-Q. JeYfy C1a<rk, P. E. Director of Engineering & Transportation AEE00681 "Dedicated to Quality Senice" r RgtnQa ►;o ~ ~o A9tnQa item Date r~'~ CITY OF DENTON, TEXAS OTYMLLWEST • 221N. ELM DENTON, TEMS76201 (617)566$350 DPW METRO 434.2529 Punning and Development Department MEMORANDUM DATE: February 28, 1996 TO: Mayor and Council Members irROM: Frank Robbins, Director of Planning and Development SUBJECT: Neighborhood and Chair Nominations to the Development Policy Committee The Council would nominate seven (7) neighborhood representatives and a chair to the Development Policy Committee. Those nominated by Council on March 5th and others nominated by other groups and accepted by Council on February 27th would be appointed and charged with advising the Council about a major update of the Denton Development Plan by resolution at your March 19th meeting. inc Srely, rank H. Robbins, AICP axxwAts 'Adicalod fo Quality $err;eo"