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HomeMy WebLinkAbout04-16-1996 { r CITY COUNCIL AGENDA PACKET April 16, 1996 Agenda ACFNDA Agenda Item - CITY OF DENTON CITY COUNCIL Data- Al _ April 16, 1996 Closed Meeting of the City of Denton City Council on Tuesday, April 16, 19?6 at 5:35 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider and discuss defense of and the settlement of RPS Ventures. Inc.. et al v. City of Denton and Webber and Barnes v. City of Denton pending in the 362nd District Court under Section 551.071 of the Open Meetings Act. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discuss the acquisition of property for expansion of the city's landfill and wastewater treatment plant. 2. Consider acceptance of a possible assignment on behalf of a 4B non-profit economic development corporation to be formed by the City from Bill Methenitis, Trustee relative to the vacant Texas Instruments facility. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Tuesday, April 16, 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 A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. Consider approval of the minutes of January 2, 9, 16, 23, and 30, 1996. 3. Citizen Report A. Receive a citizen report from Dessie Goodson regarding SPAN issues and City streets. 4. Citizen Request A. Consider a request for an exception to the noise ordinance for the wedding reception on Saturday, June 1, 1996 until 1:00 a.m. City of Denton City Council Agenda ~/~`7'f~~ep .~!1}~J April 16, 1996 AgeHap Nv Page 2 Agenda l em Date 5. Public Hearings A. Hold a public hearing and consider adoption of an ordinance granting a Specific Use Permit for 5.319 acres authorizing a retirement home. The property is located on the east side of Lillian Miller Parkway, approximately 500 feet north of Southridge Drive. (The Planning and Zoning Commission recommends approval 6-0.) 6. Variances A. Consider a request to grant a variance to Section 34- 124(e) [drainage design standards] of the Code of ordinances, for Milam Creek Ranch, Phase II, located in Denton's northern extraterritorial jurisdiction. (The Planning and Zoning commission recommends approval 7-0.) B. Consider a request to grant variances to Sections 34-124 (e) [drainage design standards), 34-125 (b) [street access), 34-114 (3) [road specifications) and 34-114 (17) [sidewalks] of the Code of Ordinances, for Hickory Crossing Addition, located in Denton's southern extraterritorial jurisdiction. (The Planning and Zoning commission recommends approval of the four requests, 7- 0.) C. Consider a request to grant variances to Sections 34-125 (b) [street access] and 34-114 (3) (paving standards) of the Code of Ordinances, for the Stateson-Miller Addition. The site is located in Denton's northern extraterritorial jurisdiction. (The Planning and Zoning Commission recommends approval of the requests, 7-0.) D. Consider a request to grant variances to Sections 34-114 (5) [perimeter streets] and 34-114 (17) [sidewalks] of the code of Ordinances, for the BFE Systems Addition, located along Blagg Road in the extraterritorial jurisdiction. (The Planning and Zoning commission recommends approval 7-0.) 7. 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 ite!.s 8.A, 8.B, 8.C). This listing is provided on the Consent Agenda to allow City of Denton City Council Agenda Agenda No.~ - April 1996 Page 3 Agenda It m Date ~~--~-V Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. A citizen may not speak or fill out a "request to speak" form on an item on the Consent Agenda unless the item is removed from the Consent Agenda. The speaker shall be allowed to speak and the item shall then be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: 1. Bid 11882 - 16' Diesel Riding Mower 2. Bid 01868 - Heavy Equipment Mechanical services 3. P.O. 160838 - Siemens Power Corporation 4. RFSP 11810 - Occupational Health Nurse Services B. Tax Refunds 1. Consider approval of a tax refund to Donald J. 6 Linda Jo Carter for $611.01. 8. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (7.A.1. - Bid 11882, 7.A.2. - Bid 01868) B. Consider adoption of an ordinance, amending Ordinance No. 95-217 relating to the approval of an Emergency Purchase order 160838 to Siemens Power Corporation to provide for repairs to Turbine Unit 05, to provide for additional emergency repairs for Turbine Unit 05. (7.A.3. - P.O. 0`60838) C. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Denton Community Hospital; and providing for an increase in the contract price. (7.A.4. - RFSP #1810) 9. Ordinances A. Consider adoption of an ordinance prescribing the number of positions in each classification of police officer; and repealing all prior inconsistent ordinances and resolutions to the extent of any such conflict. B. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Texas Department of Transportation for the furnishing and installing of traffic signals by a municipality. City of Denton City Council Agenda April 16, 1996 Agenda I Page 4 Date C. Consider adoption of an ordinance providing for the renaming of Underwood Road to Westcourt Road. (The Planning and Zoning Commission and the Historic Landmark Commission recommend approval.) D. Consider adcition of an ordinance partially vacating certain public utility and drainage easements recorded in the real property records of Denton County, Texas at Volume 1686, Pages 0852 and 0858. E. Consider adoption of an ordinance approving authorizing the City Manager to execute an agreement between the City of Denton and ADS Environmental Services, Inc. for professional services associated with the Pecan Creek Sewer Basin. F. consider adoption of an ordinance authorizing the Mayor to approve a water main cost participation agreement between the City of Denton and Douglas and Associates, LLC. 10. Resolutions A. Consider a resolution approving an amendment to the bylaws of the National League of Cities providing for the filling of certain vacancies in office. B. Consider adoption of a resolution appointing Teodoro Benavides as City Manager for the City of Denton, and authorizing the Mayor to execute an agreement for his terms of employment. 11. Consider nominations/ appointments to the City's Boards and commissions. 12. Vision Update 13. Miscellaneous matters from the City Manager. 14. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 15. New Business This item provides a section for Council Members to suggest items for future agendas. J City of Denton City Council Agenda Agenda No. April 16, 1996 AgendaI em Page 5 Date 16. 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 ~ 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 , 1996 at o'clock (a.m.) (P.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 SECRETA?..Y'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. ACCO02FD I li CITY OF DENTON CITY COUNCIL MINUTES Agenda 1 `0~ 7 -V-- January 2, 1996 Agenda )tam Date The Council convened into a Closed Meeting on Tuesday, January 2, 1996 at 5:45 p.m. in the Civil Defense Room. PRESENT: Mayor Castle berry, 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 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments - Sec. 551.074 - Under TEX. GOVT CODE The Council convened into a Regular Meeting on Tuesday, January 2, 1996 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented the Yard of the Month awards to: Clint Ballard, Jr. and Dan Martin for the Balmar Building G. T. & Mary Lilliard Mrs. Mildred Hodges Troy & Sarah LaGrone Robert & Ann Richardson Denton Medical Plaza 2. Citizen Reports A. The Council received a citizen report from Willie Hudspeth regarding the meeting times for the Cityts Boards and Commissions. I1r. Hudspeth was not present at the meeting, 3. Public Hearings A. The council held a public hearing on the proposed CIP recommendations presented by the Blue Ribbon CIP Committee. Joe Mulroy, Chair-Blue Ribbon Committee, stated that he was here to answer any questions which might arise during the public hearing. City of Denton City Council Minutes Agenda No._L ~O J anuary 2, 1996 Agenda Item Page 2 1~_iLr (p The Mayor opened the public hearing. Johnny Taylor stated that he represented Denton Boys Baseball in the City of Denton. He urged the Council to approve the CIP Blue Ribbon Committee's recommendations for more ball fields. Fred Gossett stated that a great effort had produced a document which addressed the needs of the entire community. As a business resident of the community, he felt that he was a part of the process and that there was a strong consensus on the recommendations of the committee. He was willing to work in any way possible to help pass the bond election. Richard Hayes stated that the CIP was a significant document for the citizens of Denton. The recommendations addressed many areas in safety, fire, etc. It also addressed areas of the business community which he supported. Chuck Carpenter stated that he was speaking on behalf of the Denton Chamber Board of Directors. Several high priorities were included in the CIP which they supported including transportation into and out of the Denton Municipal Airport. He felt comfortable that all sides had been listened to and all areas of the City were recognized. The Mayor closed the public hearing. B. The Council held a public hearing and considered an ordinance providing for an amendment to the Detailed Plan for PD- 108 zoning district classification and use designation for a 0.371 acre tract located on the north side of highland Street approximately 62 feet east from Carroll Boulevard. (The Planning and Zoning Commission recommended approval 7-0). Frank Robbins, Director of Planning and Development, stated that this was a simple amendment to a planned development which would change the footprint of the building that had already been approved. There was a new and corrected detailed plan for the Council to consider. It allowed a larger building footprint than the adopted planned development. The ordinance also allowed for personal services uses to be added to the buildings. The only amendment was a different footprint with the same size but to allow personal services uses in the building. The Mayor opened the public hearing. Dale Irwin stated that he would answer any questions of Council. Council Member Young asked about opposition from the neighbors. Irwin stated that one resident at the Planning and Zoning Commission meeting asked about drainage but had no problem with the City of Denton City Council Minutes D January 2, 1996 Agenda 10. Page 3 Agenda it n Date. _ _~j proposal. The Mayor closed the public hearing. I The following ordinance was considered: i NO. 96-001 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN FOR PLANNED DEVELOPMENT 108 (PD108) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.371 ACRE TRACT LOCATED ON THE NORTH SIDE OF HIGHLAND STREET APPROXIMATELY 62 FEET EAST FROM CARROLL BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR 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. C. The Council held a public hearing and considered an ordinance providing for a change from General Retail (GR) zoning district classification and use designation to the Commercial Conditioned (C(c)) zoning district classification and use designation for 1.031 acres of land located on the north side of US Highway 380, approximately 240 feet west of Cooper Creek Road. (The Planning and Zoning Commission recommended approval 7-0). Frank Robbins, Director of Planning and Development, stated that this was a change in zoning from general retail to commercial with conditions. The only condition associated with the district was the change in some of the uses. There was no increase in intensity with the proposal. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Dan Pettus stated that as the petitioner he was requesting approval of the proposal. He would answer any Council questions. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-002 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL CONDITIONED (C(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.031 ACRES OF LAND LOCATED ON THE NORTH SIDE City of Denton City Council Minutes ~I l January 2, 1996 Apenda No. Page 4 Agenda Ilem Dale ' OF US HIGHWAY 3800 APPROXIMATELY 240 FEET WEST OF COOPER CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye's, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye t, and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing and considered an ordinance providing for a change from the Agricultural (A) (with SUP 180) zoning district and use designation to the Office Conditioned (O[c]) zoning district classification and use designation for 8.3271 acres of land described a of the YMCA Ad s Lot 1 Block dition, located on the northwest corner of Riney Road and Windsor Drive. (The Planning and Zoning Commission recommended approval 7-0). Frank Robbins, Director of Planning and Development, stated that the office conditions for this proposal included a maximum size of the office at 3,500 square feet and only office professional administrative uses would be allowed. The existing YMCA specific use permit would be incorporated into the ordinance. The DISD intended to use the building as offices. If the YMCA returned to the site, their specific use permit would be preserved. The Mayor opened the pubic hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-003 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) (WITH SUP 180) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (0[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 8.3271 ACRES OF LAND DESCRIBED AS LOT 10 BLOCK It OF THE YMCA ADDITION; LOCATED ON THE NORTHWEST CORNER OF RINEY ROAD AND WINDSOR DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Krueger 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 Agenda No. January 2, 1996 Agenda t m Page 5 w Date j,~ E. The Council held a public hearing and considered an ordinance providing for an amendment to the Detailed Plan of Lots 44R - 51R of the Woodlands of Township II, a portion of Planned Development District Six PD-6 located on the east side of Timberidge street, south of Wilderness Street. (The Planning and Zoning Commission recommended approval 7-0). Frank Robbins, Director of Planning and Development, stated that the only change in this existing planned development would be with I the setbacks which were now associated with Lots 44R-51R. The existing side setbacks were 51 and 231 to be changed to 6' side setbacks for all the lots. The Mayor opened the public hearing. Hellany Fleedman stated that she was representing the owner of the property who was wanting to amend the side yards for the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-004 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN OF LOTS 44R-51F OF THE WOODLANDS OF TOWNSHIP II, A PORTION OF PLANNED DEVELOPMENT DISTRICT SIX (PD-6) LOCATED ON THE EAST SIDE OF TIMBERIDGE STREET, SOUTH OF WILDERNESS STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Biles 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 held a public hearing and considered an ordinance amending ordinances 83-140 and 87-054 by approving a Detailed Plan for a 1.199 acre tract of land within the Planned Development 65 (PD 65) zoning district classification and use designation, located on the west side of FM2181 at its intersection with Bent Oaks Drive. (The Planning and Zoning Commission recommended approval 5- 1). Council Member Cott left the meeting with a potential conflict of interest. Frank Robbins, Director for Planning and Development, stated that this proposal was to adopt a detailed plan in a planned development which indicated one story offices. The original planned development was adopted in 1984. The property was significantly City of Denton City Council Minutes Agenda No. January 2, 1996 Page 6 Agenda 16M Date landscaped in excess of the current standards and the area between the parking lot and the building at Teasley Lane had a tti green area in which many trees would be planted. The arrchchiteecctur re of the building was being adopted as part of the planned development. Initially there was significant neighborhood opposition to the proposal as a number of individuals did not know the area was zoned office. i The Mayor opened the public hearing. Marvin Morgan stated that if the proposal was a buildings would be built on the site. He requestedraved two office proposal. pproval of the Ed Bright stated that he was owner of one of the lots. He was excited about the opportunity to have two buildings mirrored in architecture on the sites. He requestrd support for the proposal. He had met with a number of the neighbors in the area and felt that they were in agreement with the proposal. The Mayor closed the public hearing. Council Member Brock stated that no zoning change was being asked for with this proposal. The zoning had been in place sin-- 1984 and this was only one step in the planned development proct:_-:.. Mayor Castleberry asked about a brick wall behind the properties. Bright stated that there would be a wall along the entire length of the two lots. The usage would be only administrative offices. The following ordinance was considered: NO. 96-005 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 83-140 AND 87-0 i4 BY APPROVING A DETAILED PLAN FOR A 1. 199 ACRE TRACT OF LAND WITHIN THE PLANNED DEVELOPMENT 65 (PD65) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, LOCATED ON THE WEST' SIDE 01' FM2181 AT ITS INTERSECTION WITH BENT OAKS DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott returned to the meeting. G. The Council held easreard to the proposed annex tion of a11.34 acre tract rlocated with t of Mayhill Road and north of Blagg Road (A-69). (The Planning and Zoning City of Denton City Council Minutes Q 6 January 2, 1996 Agenda No. f ~7 0 Page 7 Agenda Item bate • A- Commission recommended approval 6-0). Harry Persuad, Senior Planner, stated that this was the first of a series of public hearings for this proposed annexation. This annexation was proposed by the City and a service plan on how the City proposed to provide municipal services to the tract had been prepared. Staff had contacted the residents in the area through letters informing them of the public hearings and invited them to the discussions. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Young asked about opposition from citizens in the area. Persuad stated that one property owner wrote a letter months before the proposal went to the Planning and Zoning Commission indicating her disagreement with the annexation on the grounds that it would cost her a large sum of money to provide her own water and wastewater services. At the same time he also received a letter from a property owner expressing no objection to the process. He had also spoken to other property owners in the area who did not indicate any opposition. Council Member Young asked if water and sewer services would be provided when the property was annexed. Persuad stated that at this point in time, the residents had exiting water wells and septic tanks. Council Member Young asked if this area would be included on the Public Utilities Board list for infill. Persuad stated that the list was being complied of areas which were now in the City limits and which were in critical need of water and wastewater services. This area was not on that list. Council Member Krueger left meeting. Council Member Young requested that this area be included on the list. Persuad stated that as part of the CIP program, all areas which were annexed into the City limits and which needed water and wastewater services would be considered as part of the CIP. Council Member Krueger returned to the meeting. City of Denton city council Minutes Agenda No, I January 2, 1996 Page 8 Agenda A. m Data • • Council Member loung asked about sidewalks and when the street would be fixed. Persuad stated that those would be considered as part of the CIP program. Mayor Pro Tem Biles left the meeting. Council Member Krueger asked who initiated the annexation. Persuad stated that the annexation was initiated by the City. Council Member Krueger asked why this property was needed in the city. Persuad stated that the policies in the Cit's code uired that the staff conduct an annexation study when significantrdevelopments were proposed or had occurred in the extraterritorial jurisdiction. Recently a 230200 square foot office/warehouse development had occurred in the area. An annexation study had recently been completed and it was proposed to Council to proceed with the annexation. Council Member Krueger stated that these eleven acres included the Sally's building. Persuad replied correct. rry BeautyCSupplyebut wastrathertlethe asedr bye Sallyas not owned by Sally Miller motioned, Brock proceed with the annexation as scheduled, on ~ roll vote, Miller "aye", Young "aye", Cott "aye", Krueger 'aye"' unanimouBrock and Mayor Castleberry '+aye". Motion carried H. The Council held a public hearing proposed annexation of a 21.62 acre tract described as the Estates of Forrestridge Section IZ (A-70). Harry Persuad, Senior Planner, stated that the proposed annexation was petitioner by the land owners for annexation and zoning. The Mayor opened the public hearing. No one spoke during the public hearing, The Mayor closed the public hearing, Persaud stated that the receive comments f om member s purpose thetpublic band aevote wass to necessary by the Council. not I r Y City of Denton City council minutes January 2, 1996 Agenda N 1 Page 9 Agenda Item Date 1. The Council held a public hearing with regard to the proposed annexation of a 34.78 acre tract located in a clear zone south of the existing runway in the vicinity of the Denton Municipal Airport (A-71). Harry Persuad, Senior Planner, stated that this property was owned entirely by the City and was used as a clear zone around the Airport. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 4. Variances A. The Council considered three variances to Sec. 34-124 of the Code of Ordinances. The requests would vary Paragraphs (e 5 channel lining, (g) (easements), and (e) 11 (lot to lot) drainage for the Rolling Meadows Estates Addition. The 187.877 acre site was located at the southwest corner of Shepard Road and Green Valley Circle. (The Planning and Zoning Commission recommended approval 5-2). Mayor Pro Tem Biles returned to the meeting, Frank Robbins, Director for Planning and Development, stated that there were three variances associated with this subdivision. one dealt with the underground drainage requirement which, according to regulations, would have to be built in a drainage way. Underground drainage in this area would be excessive. The second variance dealt with lot to lot drainage which indicated that if drainage from more than two lots went across a third lot, drainage improvements would have to be made. As these were large lots with single family homes, staff and the Planning and Zoning Commission felt that that requirement was excessive. The third variance dealt with drainage easement in an area where most of the water flowed naturally. Staff did not recommend approval of ,is variance but the Planning and Zoning Commission did recommend it. There was some concern regarding how much water would actually flow through the subdivision. There was a concern expressed at the Planning and Zoning Commission regarding the width of the drainage easement which might be excessive. Council Member Cott asked what could be done later during development to ease drainage concerns. Robbins replied that most of the drainage issues were in single family residential development areas in which the density was significantly greater than with this proposal. These were large lots in which the required drainage requirements would be an City of Denton City Council Minutes Agenda No.1 ` January 2, 1996 AQend I em Page 10 qft Date excessive cost in order to comply with the requirements. Miller motioned, Biles seconded to grant all three variances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Consent Agenda Council Member Young left the meeting. Brock motioned, Biles seconded to approve the consent Agenda as presented. On roll vote, Miller "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders: 1. Bid 11841 - Fire Station Uniforms 2. Bid 11838 - City/County Day Nursery Drainage/ Play Ground Improvements 6. Consent Agenda Ordinances council considered the consent Agenda Ordinances 6.A. - 6.B. Brock motioned, Biles seconded to approve the Consent Agenda Ordinances. On roll vote, Miller "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 96-006 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid 11841) B. NO. 96-007 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.2. - Bid 11838) 7. Ordinances A. The Council considered adoption of an ordinance which prohibited the parking of vehicles on certain portions of oak Street. (The Traffic Safety Commission recommended approval 7-0). Jerry Clark, Director of Engineering and Transportation, stated that the area under consideration was located at the corner of Oak and Jagoe. The request was initiated by the Police Department due City of Denton city council Minutes Agenda Na. January 2, 1996 Agenda It IM Page 11 Date interfered with a driveway coming out of .an apThe current ing artment complexkand with the left turn lane in the area. He had spoken with the apartment owner who indicated that the complex had adequate on-site parking. Council Member Young returned to the meeting. The following ordinance was considered: NO. 96-008 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF OAK STREET; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Hiles motioned, Brock "aye" , ock seconded to adopt the ordi vote, Miller " „ Hance. On roll , Young aye , Cott "aye", Krueger "aye", Brock aye",o Bslys "aye", and Mayor Castleberry "aye". Motion carried " unanim. B. The Council considered adoption of an ordinance providing for one-way traffic on certain portions of Highland Street and Maple Street. (The Traffic Safety Commission recommended approval 7-0). Council Member Miller left the meeting. Jerry Clark, Director of Engineering and Transportation, stated that this was a request of the University of North Texas. Highland Street currently ran westbound and Maple ran eastbound. The University was interested in changing its entranceways in the area and the change would facilitate traffic movement. There was a small cost associated with signage changes which the University would pay for. Council Member Miller retuii,ed to the meeting. The following ordinance was considered: NO. 96-009 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE- WAY TRAFFIC ON CERTAIN PORTIONS OF HIGHLAND STREET AND MAPLE STREET; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); AND DECLARING AN EFFECTIVE DATE. Brock motioned, Hiles seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock City of Denton City Council Minutes Agenda own January 2, 1996 Page 12 AgenDate "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered a motion to adjust the compensation of the City Attorney. Young motioned, Biles seconded to establish a performance rating for the City Attorney of "Exceeding the requirements and standards of the job", and that effective April 15, 1996, in accordance with the Council adopted pay increase program that the City Attorney's salary increase by 7%. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council held a discussion and gave staff direction concerning the Development Policy committee. Frank Robbins, Director for Planning and Development, stated that staff was requesting direction regarding membership on the Development Policy Committee which would be reviewing and making recommendations on amendments to the Denton Development Plan. At a meeting with the neighborhood groups, a recommendation was brought forth by the groups to increase the number of neighborhood representatives from 1 to 2 per Council district for a total of 8 representatives. Another issue was the method of nominating those representatives. Council's direction was that the neighborhood associations would make the nominations. Those groups were not well represented at the earlier meeting. If Council desired, the method of nomination might be changed to nominations from neighborhoods rather than from neighborhood groups. Council Member Cott felt that another meeting was needed in order to get a feel for the number of representatives. He felt it was premature to do the nominations at this meeting. Mayor Pro Tem Biles stated that the prior suggestion generated by staff was that there be four representatives of the City's geographic areas, one from each Council district, chosen by neighborhood associations. He felt that the neighborhood associations were not well defined and as a result, a group might not be well defined but still have a formal means of communication with all neighbors in the area. The mechanism of representation of four representatives by associations was restricted to single member districts. He felt this should an open process and each Council Member should make an appointment from the neighborhoods. This would increase the representation from four to seven and would not be an artificial representation. Council Member Brock felt that there was a need for ordinary citizens to be represented on the Committee. There was a need to continue to encourage neighborhood involvement and felt that the associations needed to be included in the process. She felt that City of Denton City Council Minutes Agenda No. January 2, 1996 Agenda telot01 Page 13 Dale the neighborhood associations should make the recommendations for suggested appointees. Mayor Pro Tem Hiles rAnted out that there was a number of geographical areas w%are there were no formal neighborhood organizations. He suggested that the single member Council Members appointment someone in their district and the at-large Council Members chose from the entire city which would allow for formal and informal organizations to have representation. Miller motioned, Biles seconded to change the representation from four citizens to seven. The appointment would be made in early February which would give the Council an opportunity to visit with the upcoming neighborhood meeting in late January. The Council would receive input from the neighborhood associations as to citizens who might like to serve on this committee. Each Council Member would nominate one person from citizens in the community with the understanding of trying to have representation of citizens throughout the community who would be identified with neighborhood issues. Council Member Cott stated that the sole reason for this organization to get together was to do the Denton Development Plan and it had nothing to do with anything other than the Development Plan. He suggested postponing the issue for several months in order to better inform individuals of the proposal. Mayor Castleberry stated that there were only 23 people present at the meeting for all the neighborhood associations throughout the City. Robbins stated that 408 of those present were not there because of the formal invitation but were there from word-of-mouth or through the newspaper. Council Member Miller felt that the neighborhood meeting could still be held and inform the citizens that the discussion would be on the Development Guide. That would start the process of letting the neighborhoods know that they would be involved in the process. Mayor Pro Tem Biles stated that the majority of the people at that meeting were there for the wrong reasons. They were not there knowing the reason was for the process of updating the Denton Development Guide. Staff needed to make clear, for the next meeting, that the meeting would be to work on the Denton Development Guide. Mayor Castleberry felt that the Council might not be ready to make appointments in February. Miller changed his motion to delete the February date. The process would be that each Council Member would nominate a person who represented neighborhoods. The makeup of the committee would be r R City of Denton City Council Minutes Agenda No. - January 2, 1996 agenda Item Page 14 Date am ~ co changed to reflect seven representatives, one from each Council Member. Biles accepted the change to his second. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and mayor Castleberry "aye". Motion carried unanimously. 10. The Council held a discussion and gave staff direction regarding extending hours for the sale of alcohol on premises from 12:00 midnight until 2:00 a.m. Council Member Cott felt that this was a business strategy for the City of Denton. He felt that the City needed to provide this activity for a growing city or be left behind by people with the dollars. The hours should be extended until 2:00 a.m. for anything which was permitted by State law. Mayor Castleberry stated that Council Member Cott had requested that this item be placed on the agenda to extend on-premise alcohol consumption from midnight until 2:00 a.m. Council Member Young felt that this was a business issue and a safety issue. People left the City of Denton to go to other places where there were extended hours. He was in favor of extending the hours and requested an ordinance for Council consideration at the next meeting. This would also provide extra revenue to the City. The merchants would set up a system to provide rides for those who were unable to drive. Mayor Castleberry asked if on-premise referred to private clubs and restaurants. Council Member Young replied correct. He also felt this would help the entertainment business in Denton. Fie motioned to extend the hours for on-premise consumption to 2:00 a.m. Council Member Cott seccnded Council. Member Young's request. He stated that the ordinance would be for beer, wine and mixed drinks at any internal location such as a bar, a restaurant, etc. Council Member Brock stated that based on information given to her by the City Attorney, she would like to have an ordinance dealing with off-premise sales also. As shs understood it, the State law might not allow the City to restrict those hours to places of on- premise consumption. City Attorney Prouty stated that it was not known yet as to how the law was interpreted. In the instance of beer or wine for extended hours on-premises, there was a relationship between one section of the Alcoholic Beverage Code which also seemed to indicate that when i City of Denton City Council Minutes ° df January 2, 1996 Agenda No, 1 Page 15 Aflends 3t m Date_ ° beer and wine sales was extended to 2:00 a.m., the off-premise hours may also be extended. His office was doing more research on the issue. Council Member Miller asked if a late hour permit would be required in order to have an establishment remain open. City Attorney Prouty stated that there was a second requirement. Denton was currently a standard hour city in which those premises which were permitted to serve alcoholic beverages could do so six days until midnight and on Sunday until 1 a.m. The proposed ordinance would extend the hours in which seven days a seek any late hours perm£ttee would be able to sell alcoholic beverages until 2:00 a.m. The establishment would have to have, in addition to an extended hours ordinance, a late hours permit. The late hours permit would be required in the ordinance and the ordinance would extend the hours and the extended hours would be available to anyone with a late hours permit. Council Member Miller stated that if a Council Member voted for the motion, there would still be an ordinance for Council consideration with public input. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry rlaye". Motion carried unanimously. Council Member Brock suggested that the Legal Department research the various issues and return with alternative ordinances for Council to consider. 11. Vision Update Council Member Brock stated that a formal vote from Council was needed soon regarding the City's commitment to the Vision process. 12. Miscellaneous matters from the City Manager. Rick Svehla, Acting City Manager, did not have any items for council. 13. There was no official action taken on Closed Meeting Items discussed earlier. 14. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young asked for background information on a volunteer fire department. i City of Denton City Council Minutes January 2, 1996 Agenda No. Page 16 Agenda I m Date- ` • 15. There was no continuation of the Closed Meeting during the Regular Session. With no further business, the meeting was adjourned at 9:40 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO02DF CITY OF DENTON CITY COUNCIL MINUTES Agenda No, w6 January 9, 1996 Agtndp item The Council convened into a Closed Meeting on Tuesdi'e aw , 1996 at 5:15 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. Considered a settlement of potential litigation with Worldcom, Inc./Wil Tel. 2. Considered and discussed defer.;e of and the settlement of RPS Ventures. Inc.. et al v City of Denton and Webber and Barnes v. City of Dente pending in the 362nd District Court under Section 551.071 of the Open Meetings Act. B. Real Estate Under TEX. GOVT CODE Sec. 51.072 1. Discussed the acquisition of property for expansion of the city's landfill and wastewater treatment plant. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Work Session on Tuesday, January 9, 1996 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 Agenda Item 02 was considered. 2. The Council received a report and discussed the various issues related to the Municipal Court of Record. Tom Josey, Municipal Court Administrator, stated that the City had been a Court of Record since 1994. Council established this as a priority in 1991 as there was a loophole in the Class C Misdemeanor law which allow an individual to have an automatic appeal which reduced the City's enforcement power. In the 1993 Legislative session, local legislation was passed to establish Courts of Record and Denton's court was approved in 1994. The budget figures for the first year were over what was projected. Some operational adjustments were made to allow for smoother court sessions. Those adjustments included an earlier night court which saved approximately $1,800 in clerical overtime; a change in the affidavit session which allowed a police officer to sign an affidavit for another police officer; a change in the parking fine rate from $15 to $10; and a warning on traffic tickets which City of Denton City Council Minutes AgendaNo _ January 9, 1996 l+,pend Page 2 Dale indicated that failure to appear in Court would eV ect renewal of a driver's license. He had completed a survey of area Muni?pal Courts of Record which showed that Denton was very similar in operations with other Courts of Record. He suggested a change, in the night arraignments to an earlier time during the day whicis would allow for a reduction in the amount of prosecutors from 1.5 to 1 and would allow that individual to perform more duties in the City Attorney's office. J been udge Robin Ramsay stated that the prior concerns by council had taken such as the reduction of the traffic tickets. Improvements had a so fines and been made the the issuance of warrants. Council returned to the regular agenda order. 1. The Council received a report, held a discussion and gave staff direction regarding day laborers. Mike Jez, Director of Emergency Services, stated that in September 1995 he had asked Officer Cabrales to look at the day laborer situation in the 900 block of South Locust Street. The Department's interest in looking at the situation was one of a police nature. Between January 1993 and September 1995 the Department had responded to 289 incidents at that location. Most of those incidents were minor in nature and included standing in the roadway, soliciting from the roadway, disorderly conduct, public intoxication, etc. At that same time the Department received three new police officers under the Federal grant to serve as area coordinators and a part of the COPS program was to look at police incidents which were repetitive in nature to try to alleviate the problem and reduce the number of calls at a location. Officer Cabrales identified the persons involved in the situation, met and talked with the day laborers and determined if there were any alternatives which might be done to reduce or eliminate the calls to that location. Based on that report, and with a declining call load at the location, it was determined that to do anything at an alternate site would cost a minimum of $32,000, not including annual maintenance costs. It was his recommendation, at this point in time, to not take any action at this point in time. The Police Department would continue to monitor the location and if the call load increased in the future, the position could be reassessed. Council Member Young stated that Jez's recommendation was to do nothing and have the situation remain the same. He felt that the numbers were down due to the weather conditions. He asked Jez what he should say to the area businesses which were being effected by the day laborers in the area. Jez replied that those businesses in the area should continue to call in complaints. He felt that the Department had done an educational job in communicating with the day laborers to let them know what kind of activity was legal and illegal in the area and what was acceptable behavior. They also encouraged the individuals City of Denton City Council Minutes Agenda No. 9& in January 9, 1996 Agenda to Page 3 Date X-Z-VI-0- hiring the day laborers to be more responsible in terms of their behavior there. Part of the problem was the traffic congestion when the vehicles stopped in traffic to hire the day laborers. The Department would continue to police the area as needed. Council Member Young felt that there was a need to do something and perhaps create a labor exchange sometime in the future. It was not feasible to provide an alternate location at this point in time and there was no guarantee that the men would use the new site. The businesses in the area were effected by the men standing in the area for day jobs and he did not feel it was appropriate to tell them to just continue to call the Police Department. Jez replied that the Department would continue to work with any kind of private group on alternatives and strategies. The Department would not abandon the problem. Council Member Young stated that the Hispanic Chamber of Commerce had received a petition from the day laborers indicating that they would participate on whatever site the City would acquire. He would like the Department to work with the Hispanic Chamber of Commerce to develop ideas regarding the day laborers. Mayor Pro Tem Biles felt that the expenditure of City funds to develop a site created an additional set of problems such as liability for the structure or activities on the site. If the City established a Labor Exchange by obtaining and developing property, it indicated to the laborers that the City was in the business of running an employment agency. He felt that this was not the proper function of the City. He felt that those who had a vested interested in the laborers needed to take a lead. The Hispanic Chamber of Commerce had a petition signed by the day laborers that they would cooperate in whatever lead the City took. The City did not need to be in the business of operating a Labor Exchange. This was one of those functions where leaders in the community should take charge of the issue. Council Member Cott stated that private industry should take care of itself except for normal policing operations. This was a private initiative. Council Member Brock asked if officer Cabrales worked this area as part of his regular assignment. Jez replied that Officer Cabrales was the East Side Coordinator and was assigned that project due to his bilingual ability. The remaining Work Session items were considered later in the meeting. The Council convened into a special called Meeting on Tuesday, January 9, 1996 at 7:00 p.m. in the Council Chambers. City of Denton City Council Minutes Agenda No. ~ January 9, 1996 Agenda It Page 4 Date • PRESENT: Mayor Castleberry; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: Mayor Pro Tem Biles 1. The Council consider adoption of an ordinance calling for a CIP bond election on February 24, 1996. Rick Svehla, Acting City Manager, stated that Council had had several meetings regarding the proposal for the CIP. This ordinance mirrored what the Blue Ribbon Committee had presented to council. Margaret Smith, Co-Chair of the Blue Ribbon committee, recommended adoption of the ordinance. The Committee had voted unanimously in favor of the ordinance and was ready to start gathering support in the community. The following ordinance was considered: NO. 96-010 AN ORDINANCE CALLING A BOND ELECTION FOR FEBRUARY 24, 1996; DESIGNATING POLLING PLACES, APPOINTING ELECTION OFFICIALS; SETTING FORTH THE PROPOSITIONS TO BE SUBMITTED IN THE FORM TO BE SUBMITTED ON THE OFFICIAL BALLOT; DETERMINING THE BONDS WILL BE WITHIN ALL LEGAL DEBT LIMITATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Mayor Castleberry "aye". Motion carried unanimously. 2. The Council considered adoption of an ordinance amending the City's flag ordinance. Rick Svehla, Acting City Manager, stated that this ordinance was discussed by Council and changes had been made as indicated by Ccuncil. The following ordinance was considered: NO. 96-011 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NUMBER 94-074 TO ALLOW THE CITY OF DENTON FLAG TO BE DISPLAYED WITHOUT WRITTEN APPLICATION TO AND APPROVAL OF THE CITY COUNCIL; ACCEPTING THE REQUIREMENTS OF THE TEXAS FLAG CODE AS THE APPROPRIATE STANDARDS FOR THE DISPLAY AND TREATMENT OF THE CITY OF DENTON FLAG; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Miller seconded to adopt the ordinance. Mayor Pro Tem Biles joined the meeting. City of Denton City Council Minutes Agenda No. January 9, 1996 4genda,(tem Page 5 Date_ ~ 44 On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Miscellaneous matters from the City Manager. Council returned to the Work Session items. 3. The Council received a report and held a discussion regarding the status of the UNT "Gopher" project and the City of Denton "Web" page. Gary Collins, Director of Information Services, stated that a year ago the City entered into an agreement with the University of North Texas to place minutes and agendas of the Planning and Zoning Commission, the Public Utilities Board and City Council on the internet system. Both of the individuals the City work with on this project had since changed jobs. During the pilot project, the input of information to the internet system was taking from 30-60 minutes for agendas and longer for minutes. There was also difficulty gaining access to the system as only one modem was available for inquiries and to update items. During the last year some items were not put on the system in a timely manner. In August, the City was approached by Internet Global. The City contracted with them for a six month period to put up a home page on their world-wide web. This program had more graphics rather than straight text. Council Member Brock asked if an unlimited amount of information could be put on the home page for the price of the service. Collins replied that there was a $100 one time charge to establish a page and a $15 monthly charge for storage of the page on the system. Council Member Brock asked what the procedure would be if a department wanted to expand current information on the page. Collins stated that departments would have to individually budget for the cost of the service. He wanted to make sure that the pages were consistent for all information about Denton. Council Member Brock asked about the problems with putting the agendas on the gopher system. Was it possible to have the agendas placed automatically on the system as they were typed. Collins stated that the agendas had to be taken out of the Word Perfect system and converted to a special file and then loaded to the gopher system. At times there were problems getting on the system due to limited access. Council Member Brock felt it would be helpful to the citizens to find agendas and minutes of the City's Boards and Commissions as well as the City Council on the Internet or web. City of Denton City Council Minutes January 9, 1996 Agenda No, 4 Page 6 Agenda It m Date e Mayor Castleberry asked what kind of direction staff needeul. C ollins stated that the current contract with Internet Global went through continued February. If his department would continue that f nd program should on a six month basis, His main concern was to coordinate all information concerning Denton. Acting City Manager Svehla stated that staff would look at all the issues and return to Council with costs for agendas, etc. 4. Council held a discussion regarding City Council conferences and seminars and gave staff direction. Mayor Castleberry stated that he had asked that this item be placed on the agenda. He had expressed concern to other Council Members about the cost of conferences, etc. He asked Council if there was any interest in proposing an ordinance whereby the conferences that Council Members and staff normally attended such as the National League of Cities, Texas Municipal League plus the TML district meetings, would be open to Council Members. Council Member Young motioned to prepare an ordinance on this issue. Mayor Castleberry stated that he would like to include in the ordinance that any additional seminars would be approved by the City Council. Motion died for lack of a second. Mayor Castleberry stated that the purpose of his proposal was to allow for the Council to approve trips outside the normal seminars which would help control costs. 5. The Council received a report, held a discussion and gave staff direction regarding the Vision Project. Joseph Portugal, Assistant to the city Manager, stated that information had been provided to Council pertaining to the Vision Project. The Strategy Boards, which were sent to Council, represented what the Vision Project Cabinet approved at their December 12th meeting. Each of the seven sponsors represented on the Cabinet were asked to present this information to their respective organizations for endorsement. Council would be asked to approve the projects with an upcoming resolution. Those projects which involved the City with associated staff time and costs had been identified. Council Member Cott felt that the project was wonderful. He felt that it might be possible to stretch the financing on any given project so that the overall project interest cost would be much less. He recommended, where possible, to work out of cash generated by the project and try to finance the pieces that way. L City of Denton City Council Minutes Agenda No January 9, 1996 'genda 1 Page 7 Oates Portugal stated that he did not know if the vision Project would generate any revenue. By the CIP action, the CIP would have certain allocations for infrastructure, economic development, etc. and those dollars were a project of the CIP. If there were opportunities to shift dollars on given projects, so long as it was in line with what the voters were told, it would not be a problem. Acting City Manager Svehla stated that there were projects, particularly in the CIP, where there were matching dollars and the CIP Committee would promote those projects using that mechanism. Miller motioned, Young seconded to prepare a resolution indicating Council support and endorsement of the project on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. The Council received a report, held a discussion, and gave staff direction concerning a tentative time schedule for the City Manager selection. Tom Klinck, Director of Human Resources, stated that a tentative time schedule had been developed for the recruitment of a new City Manager. The interviews with City Council and other key staff members had been completed and the consulting firm was in the process of gathering data to use to sell Denton to prospective candidates. on January 9th a marketing letter and draft brochure was created for Council consideration. The job would close on February 16th which would provide for a 30 day time period to respond. The list of semi-finalist candidates would be presented to Council on February 27th and would then be narrowed to 15-20 individuals. Council would select the finalists on March 19th and finalize a final interview process and schedule. on March 20th a letter inviting an interview would be mailed with a comprehensive packet of information. The final interview process would be held from March 27-29. There were two options to consider for final candidate interviews. one option was to have an all day session with the final candidates meeting with a full council panel interview. That evening the Council would hold deliberations to select the top 1-2 individuals. The second option would have morning individual candidate interviews with each council Member and a panel interview with the entire Council in the afternoon. Staff was requesting direction on the schedule dates and time lines and feedback on the draft brochure. Council Member Krueger stated that he preferred the interview process as a group as opposed to individual interviews. Council Member Young expressed a concern about the dates being so close to the council election and wanted to make sure the process was completed before the Mayor's term ended. Council Member Miller stated that he preferred the option with a one-on-one interview with the candidates. City of Denton City Council Minutes Agenda Na.A January 9, 1996 Agend I em Page 8 03 te a. Mayor Pro Tem Biles stated that he preferred the one-on-one option with the candidates plus the panel interview. Mayor Castleberry asked Council if it would like to follow the proposed schedule with a change in the March 28th dinner with council. Young motioned, Brock seconded to follow the schedule as presented by staff, noting the one change on March 28th. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. There was no official action taken on Closed Meeting Items. With no further business, the meeting was adjourned at 8:00 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS A00002E1 I low CITY OF DENTON CITY COUNCIL MINUTES Agenda No. Ll- January 16, 1996 Agenda lien Date The Council convened into a Closed Meeting on Tuesday, January 16, 1996 at 5:45 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Krueger, Miller and Young. 1 ABSENT: Council Member Cott 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered settlement offer in the litigation styled GTE v. City of Denton et al. 2. Considered and discussed defense of and the settlement of RPS Ventures. Inc et al v City of Denton and Webber and Barnes v City of Denton pending in the 362nd District Court under Section 551.071 of the Open Meetings Act. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discussed the acquisition of property for expansion of the City's landfill. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Received a report from the Municipal Court Advisory Committee regarding applicants for Municipal Judge and considered making an appointment of the Municipal Judge. Council Member Cott arrived during the Closed Meeting. The council convened into a Regular Meeting on Tuesday, January 16, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented a proclamation for Camp Fire Candy Week. 2. The Council considered approval of the minutes of September 5, 1995, September 12, 1995 and September 13, 1995. f Agenda No. ~ + d ~ _ City of Denton City Council Minutes Agenda No. January 16, 1996 en a Page 2 Oate Mayor Pro Tem Biles motioned to approve the minutes. Council Member Miller stated that in the September 5th minutes, the spelling should be corrected for Harry Hall's name. Council Member Brock seconded with motion noting the correction. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The Council received a citizen report from Willie Hudspeth regarding meetiri times for the City's Boards and Commissions. Mr. Hudspeth stated that the original purpose of his report was to talk about the times the City's boards and commissions met. He suggested that different times be considered so that others could be a part of the boards and commissions. He had two items which he wished to address on the agenda and was told that he had to do both presentations in a five minute time limit. He questioned if he was the only one with such a restriction or if other citizens also had such a restriction. He was told that the Council Agenda Committee made the decision on the agenda and he felt that this was a group of individuals who used their power to determine who would speak and what they would speak on. He questioned if others, who had something to say which the Agenda Committee might not like, would also have such a restriction. He would be attending each Council meeting until he completed what it was he wanted to say. He felt it was not right for him not to be able to speak. Originally he wanted to ask the Council to look at meeting times of the City's boards and commissions so that others could participate. Of the City's 22 board and commissions, six met at an unknown time; eight met from 9:00 a.m. - 4:00 p.m.; seven met from 5:00 - 5:30 and one after 6:00 p.m. Mayor Castleberry stated that the five minute limit was a Council policy and was not a policy of the Agenda Committee. The Council was charged with the responsibility to follow policy and was in no way a manner to prevent anyone from speaking. Hudspeth asked if it was the rule that an individual received five minutes per item. Mayor Castleberry stated that an individual could speak on any number of items within that five minute time frame. Hudspeth asked if the rule was that an individual received five minutes per item on the agenda or did the rule indicate that an individual had five minutes to talk about anything. 3 L City of Denton City Council Minutes Agenda No January 16, 1996 Agenda l~em JiFEWL Page 3 Date °i V C4 Mayor Castleberry stated that an individual had five minutes to talk about the items requested on the agenda. Hudspeth stated that there was no rule indicating that an individual had five minutes for the agenda item requested. Herb Prouty, City Attorney, stated that the rule was from an ordinance establishing the Councilfs rules and procedures. Section 6.5 of those rules and procedures indicated that speakers before the Council were requested to limit their remarks to five minutes or less except for citizens speaking to a non-public hearing agenda item for which presentations would be three minutes or less. Council Member Cott requested a review of the procedure for citizen reports. Council Member Brock stated that there were several people who appeared regularly during Citizen Reports. one citizen had many requests and items which were presented within the time limit. The Council was not trying to limit citizen participation and had even changed procedures to allow for more citizen participation. B. The Council received a citizen report from Bill Mosley regarding the day laborer situation at the 900 block of South Locust. Mr. Mosley was not present at the meeting. 4. Public Hearings A. The Council held a public hearing with regard to the proposed annexation of a 34.78 acre tract located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airport. (A-71) (The Planning aad Zoning Commission was scheduled to consider this item and make a recommendation on January 24, 1996.) Harry Persuad, Senior Planner, stated that this was a second of a series of public hearings scheduled for the annexation of this property. The property was owned entirely by the City of Denton and the purpose of the annexation was to bring the area within the city limits. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. B. The Council held a public hearing with regard to the proposed annexation of a 11.34 acre tract located east of Mayhill i City of Denton City Council Minutes Agenda No. January 16, 1996 Agenda Item Page 4 Date. i Road and north of Blagg Road. (A-69) (The Planning and zoning commission recommended approval, 6-0.) Harry Persuad, Senior Planner, stated that this was the second of a series of public hearings. During the first public hearing, staff pointed out that the City would not be providing water and wastewater services to this site. The service plan provided for water and wastewater services in compliance with the existing policy of city. That policy indicated that the land owner or developer would provide those lines to those sites. If water and wastewater were included in the services provided by the City, $110,000 worth of costs would have to be added. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Council Member Krueger stated that there was no opposition by the landowners in this area for this annexation. Persuad replied correct. There were five single family homes which were leased properties. The owner wrote a letter to the Planning Department early in the process indicating that she would be in opposition as the annexation as it would cost her large sums of money to receive water and wastewater services. He had spoken to the other property owners who indicated that they did not have a problem with the annexation. Many of the residents were putting their garbage on the City side of the street and were receiving services. The residents also called the Police Department and received services. one land owner, indicated opposition, but did not appear at any of the public hearings. Council Member Young asked where the residents received water. Persuad replied that they had water wells. Council Member Young asked if these residents could be added to the infill policy list. He questioned if State law indicated that the City had to provide water and wastewater within four years of annexation. Persuad replied that the State law indicated that a City had to provide services comparable to other areas in the city limits with similar population density and land use. If there were other city areas where there were houses just like these on a tract of land and they were not being provided with water and wastewater services, that was a comparable level of service. Council Member Young indicated that he would like to have a study done on the impact the landfill might have on those wells. He did City of Denton City Council Minutes Agenda No 91,0 January 16, 1996 Agend I em Page 5 Date & not like the current annexation policy. Acting City Manager Svehla stated that staff was working on a joint meeting with the Public Utilities Board to have a discussion on the infill and extension policy. This property was approximately three miles from the city landfill with two creek basins between them and felt there would be no impact from the landfill. C. The Council held a public hearing with regard to the proposed annexation of a 21.62 acre tract described as the Estates of Forrestridge Section II. (A-70) (The Planning and Zoning commission was scheduled to consider this item and make a recommendation on January 24, 1996.) Harry Persuad, Senior Planner, stated that the petitioners, Lodge Construction Company, had requested annexation and zoning on the property. This was the second public hearing on this property. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. 5. Consent Agenda Mayor Castleberry indicated that Bid 01819 had been pulled from consideration. Biles motioned, Brock seconded to approve the Consent Agenda as presented. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders: 2. Bid 01842 - Wind Fence 3. Bid 01845 - Water Treatment Consulting and Chemical Supply 4. Bid 01847 - Distribution Transformer: 5. P.O. 061267 - Culvert Paving 6. Consent Agenda ordinances The Council considered Consent Agenda Ordinances 6A. - 6B. Biles motioned, Brock seconded to adopt the ordinances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 1 i , City of Denton City Council Minutes Agenda No January 16, 1996 Agenda It Page 6 Date` A. NO. 96-012 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. (5.A.2. - Bid 11842, 5.A.3. Bid 1845, 5.A.4. - Bid 11847) B. NO. 96-013 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.5 - #61267) 7. ordinances A. The Council considered adoption of an ordinance extending the hours for sale and consumption of mixed drinks, beer and wine, pursuant to Sections 105.03, 105.04, 105.05, and 105.06 of the Texas Alcoholic Beverage Code. City Attorney Prouty stated that this ordinance would move the City from a standard hours area which meant that those entities holding a late hour permit could serve mixed drinks, beer, and wine six days a week until 2:00 a.m. every day. Council wanted to make sure that this ordinance would only extend hours for on-premise consumption and would not be approving the extended hours for off- premise sale and consumption. The ordinance extended the hours until 2:00 a.m. of any day for the sale of alcoholic beverages to those entities holding a late hours permit. Bob Ingram stated that he was in favor of the 2:00 a.m. closing for the sake of children. tie had two sons who went to North Texas and he observed that their social activities tended to gravitate to Dallas/Ft. Worth because of a late start. They did not want to go to a place which closed at midnight. He always worried when his sons drove to Dallas/Ft. Worth and felt that the extended hours would provide a safer situation. Rick Reid stated that he owned two establishments in Denton. He detailed the process for receiving a beer/wine permit. This industry was different from any other type of permit for business. Mayor Pro Tem Biles asked if the establishments on Avenue A and Fry Street had taken any steps towards addressing this issue in anticipation of backlash if extended hours took place. Reid replied that the area had changed over the years. In his establishments all bartenders and personnel were TABC certified. City of Denton City Council Minutes January 16, 1996 1,penda No. Page 7 Apend to He had always had a good rapport with the Police Department. Steven Boedeker stated that he was in support for the extended hours in Denton. Many of his concerns were for safety because of the trends developed by the students. The students were driving to Dallas/Ft. Worth because they had a couple of extra hours to enjoy themselves. He was in favor of keeping his friends and their money in Denton. Sandra Lewis indicated that she was President of the Denton County Mothers Against Drunk Driving. MADD did not take a position on the specific hours which bars should close in any city. She did not want the Council to think this was an endorsement because MADD had not expressed opposition to the closing hours. MADD suppcrted uniform closing hours to prevent bar hopping. This was a safety issue with MADD. The bar owners had a financial stake in the council's decision but money was not the only issue. Sherard Quina stated that he had been in the entertainment business for 14 years. He asked the Council to support the change for a chance for economic growth for the entertainment industry in Denton. The new race track would bring tourists to Denton. Tourists who would be seeking entertainment and lodging in Denton. There were over 1000 people who worked second shifts in factories who wanted to go somewhere for entertainment. He was asking for equal footing with surrounding cities in the North Texas area. Frenchy Rheault stated that tie was opposed to changing the hours. In the ten years he had been in Denton he had never read of an accident involving an individual coming back from Dallas involving alcohol. Charles Brown stated that he supported the extension of hours as late shift citizens in Denton were being penalized. He urged the Council to make a decision this evening and not put a decision off to another meeting. The extension could be tried for one year to see what would happen. Mark Hannah stated that the City of Denton should not restrict any business for what hours they would be in business. Gary Francis stated that he was opposed to the extension of hours. The Country was decaying because of a cancer called drug and alcohol abuse. The community had a responsibility to its young people and to make a decision to allow for more hours of exposure to abuse alcohol was an irresponsible act. This was a decision based on economics, this was not a decision based on character and conviction. Thirty-five percent of all students surveyed indicated that they had driven under the influence of alcohol. City of Denton City Council Minutes January 16, 1996 Page 8 Agenda No. Agenda Item Date_ Dan Leander stated that he liked a free market but felt that certain restrictions had to be imposed. He was involved in a head- on collision with a drunk driver on I-35 in which the driver never drank before. He did not like the restriction of free trade and appreciated the financial situation the extension would afford. But he asked the Council to remember the body count - 45,000 per year. Steven Condall stated that how the Council thought and acted set the tone and atmosphere in the City. He was opposed to the adoption of the ordinance as the Council had set the tone that monetary gain for some businesses and themselves in the City was more important than the safety and well-being of its citizens. There was not a sense from the Council that each had studied what negative impact this might have on the city in the future. Chief Jez had outlined a few of the negative situations. He urged Council to rethink its position and to proceed cautiously. Theresa Grant stated no one had spoken about underage drinking. She was the school nurse at Ryan High School and saw the effects of underage drinking on a daily basis. Extending the hours would not help the problem of underage drinking. Chris Bryan stated that he owned a new business on Fry Street. He did not see any harm to this ordinance. The business owners in the area would be supporting "call a cab". He felt it would be detrimental to allow Denton citizens to drive to Dallas and come home intoxicated. Most of these people were within walking distance of the establishments. Pat Reynolds stated that he worked for Ben E. Keith Beers and was in favor of extending hours. He felt that it would be good for Denton, good for business people and good for business growth. It would put Denton on an equal footing with other cities in the North Central Texas area. Extended hours would allow clubs to book higher quality acts for the entertainment business. This was also a safety issue. Ben E. Keith was committed to be good corporate citizen and do everything to ensure responsible sales of alcohol in Denton. He asked the Council to vote to extend hours to provide an even playing field in the North Texas area. Troy LaGrone stated that his children went to Dallas for entertainment. When he moved to Denton it was a small city and had since grown to a diverse city with many improvements. He felt there was a need to have the opportunity to have entertainment at home and keep those dollars in Denton. This was also a safety factor. Denton competed for business and every surrounding city competed for what Denton had. Roy Culverson wanted to keep the student body here in Denton and not traveling on the highway. City of Denton City Council Minutes January 16, 1996 Agenda No, o Page 9 Agenda Item Date-4~~-~ 9Co Mayor Castleberry stated that Richard Hayes had completed a Speaker Card expressing support of extended hours as it was an important economic development issue. Council Member Cott read a list of cities with colleges and universities which had extended hours. He felt this was a major principle of business. The City competed with others for college students and needed to have what everyone else had. This could help build on the entertainment industry. This was not introducing alcohol to the City of Denton. This was an attempt to make this a better part of the base of Denton for the future. Council Member Brock felt that the issue was very difficult as there were pluses and minuses on both sides of the question. She felt that cities should not regulate legal businesses unless there were serious repercussions for the community. The Council had received much information from Chief Jez about alcohol related activities. There were no figures to show that that would be related to late opening. She was interested in keeping drinkers off the highways. She wanted to keep business in Denton if it would not damage the community or result in increased costs. She felt the Council would be justified in trying extended hours for a period of time such as a year and then look at the results. Mayor Pro Tem. Biles stated that this ordinance had a great potential to polarize a number of individuals. Chief Jez, gave reliable numbers. However, Chief Jez could not indicate the impact of consuming alcohol and operating a motor vehicle with a higher speed limit on the interstate. The City did not receive a tax revenue for this extension. There would be economic development with the extension of hours and was an issue of personal responsibility. Businesses who held the permits could lose their licenses and go to jail for allowing underage drinking. Safety was the number one issue and the higher speed limit on I-35 was a great problem. He would like to see dollars spent within the City limits. The ordinance could be changed if it turned out to be a mistake. The following ordinance was considered: NO. 96-014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS EXTENDING THE HOURS FOR SALE OF MIXED DRINKS, BEER AND WINE, PURSUANT TO SECTIONS 103.03, 105.04 AND 105.05 OF THE TEXAS ALCOHOLIC BEVERAGE CODE; AND ESTABLISHING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance adding a section that staff be directed to present to Council one year from date of adoption, data and information for Council to review this decision. Agenda No. City of Denton City Council Minutes January 16, 1996 Agenda Item Page to Date` Council Member Young stated that he would vote for the ordinance as it was a safety issue and a business issue. Council Member Miller stated that one issue was the problem of drinking. The issue was not whether to have drinking, the issue was what might happen when the hours were extended. Another concern was individuals being drunk in a bar. Comments had been made regarding the responsibility of the bar owners and operators in the City to not allow individuals to drink and drive. If approved, this would have some effect on economic development but would not be a net gain. He was concerned about individuals driving to area cities for entertainment. He felt it would be responsible to give the extended hours a try and hoped it would not be a negative factor. The Council could look at the issue after one year to see the effects of the passage. Council Member Cott felt that the one year time limit would be difficult for certain types of financing for businesses. He recommended to extend the ordinance for more than a year. Licenses were already paid for this year and the businesses would not get full use of them. He recommended an unlimited contract. Council Member Brock stated that Mayor Pro Tem Biles made it very clear that his motion would not be a sunset clause. His addition would require a review in looking at the evidence which accumulated over that one year time. Council Member Krueger asked if the intention was to have an annual review year after year. Mayor Pro Tem Biles stated no that it would be only a one year review. The wording of his motion was that an additional section would be added directing staff to present to Council, one year from the effective date of the ordinance, the information to consider this ordinance. This would be one review twelve months from the effective date of the ordinance. Council Member Krueger felt it would be necessary to study the reports and figures so that they were not skewed in any manner. Council was safety conscious and if officers were needed it would not be a major problem. There were some assumptions in the projections which may or not come to pass. Council Member Young felt that there was a need to establish an effective date with the motion. Council Member Cott stated that it would be easier for a bank to look at a balance sheet if it knew this would be automatically renewed. He suggested a review of the ordinance and cancel it a certain number of days before the year was over. r Agenda No.. City of Denton City Council Minutes Agenda Item 0%LW -J January 16, 1996 Date' Page 11 Council Member Brock stated that at any time the Council could chose to rescind or amend an ordinance. There was no guarantee with this ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council recessed into a short break. Mayor Pro Tem Biles was not present after the break. B. The Council considered adoption of an ordinance authorizing the Acting City Manager to execute an addendum to the agreement between the City of Denton and Denton Affordable Housing Corporation relating to increasing the supply of affordable housing in the City of Denton. Barbara Ross, Community Development Coordinator, stated that approval of the addendum would increase the existing contract with the Denton Affordable Housing Corporation. The existing contract provided them with $75,000 in 1994 CDBG funds. The addendum added an additional $75,000 which was the 1995 allocation. The funding was provided for operations and housing projects. The following ordinance was considered: NO. 96-015 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AN ADDENDUM TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION RELATING TO INCREASING THE SUPPLY OF AFFORDABLE HOUSING IN THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Miller seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Biles returned to the meeting. C. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Fairhaven, Inc. to provide for rental assistance. Barbara Ross, Community Development Coordinator, stated that approval of this contract would provide $12,280 to Fairhaven to use for rental subsidies for low income residents. Council Member Miller left the meeting. City of Denton City Council Minutes Agenda N0." V o l January 16, 1996 A;enla Item,. Page 12 Date The following ordinance was considered: NO. 96-016 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND FAIRHAVEN, INC. TO PROVIDE FOR RENTAL ASSISTANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the City Manager to enter into an agreement between the City of Denton and the Texas Water Development Board for flood protection planning. Jerry Clark, Director of Engineering and Transportation, stated that this was a request to participate in a grant from the Texas Water Development Board. Half of the funds would be used to study Cooper Creek and branch 4 of Pecan Creek. Some of the improvements would be considered in the bond election in February. Council Member Miller returned to the meeting. The following ordinance was considered: NO. 96-017 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS WATER DEVELOPMENT BOARD FOR FLOOD PROTECTION PLANNING; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye'r. Motion carried unanimously. E. The Council consider adoption of an ordinance authorizing the Mayor to execute an agreement with the Texas State Department of Highway and Public Transportation for contribution of funds for the acquisition of right-of-way for a highway project on US Highway 380 between Interstate Highway 35 and US Highway 77; and authorizing the expenditure of funds equal to ten percent of the cost of the right-of-way. Jerry Clark, Director of Engineering and Transportation, stated that this was a critical project for City of Denton. The project City of Denton City Council Minutes Agenda No. c January 16, 1996 Page 13 Agenda Ile 0alea was a 90/10 split on funding. The City would not have to provide any money for the actual construction. The money for the right-of- way was available from the 380 bonds sold in 1983. The following ordinance was considered: NO. 96-018 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR CONTRIBUTION OF FUNDS FOR THE ACQUISITION OF RIGHT OF WAY FOR A HIGHWAY PROJECT ON US HIGHWAY 380 BETWEEN INTERSTATE HIGHWAY 35 AND US HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS EQUAL TO TEN PERCENT OF THE COST OF THE RIGHT OF WAY; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Krueger 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. 8. Resolutions A. The Council considered approval of a resolution authorizing the Mayor to solicit from the public, sealed bids on a certain tract or parcel of property located on or about the 500 block of Rose Street and to consent to the :gale of said property to the highest bidder even if the bid tendered is less than the market value of the property specified in the judgement of foreclosure or the total amount of the judgement against the property, and to execute any quitclaim deeds necessary to convey the property upon sale. Jon Fortune, Chief Finance Officer, stated that in September of 1995 the City's delinquent tax collection firm sought a judgement for delinquent taxes dating back to 1986 on this piece of property. Judgement was granted and the property was offered for sale by the Sheriff for the amount of delinquent taxes, accrued penalty and interest and any legal fees assessed. There was no sufficient bid and the property was stricken to the City of Denton. This resolution allowed the City to solicit sealed bids to offer the property for sale for less than the taxes due in order to get the property back on the tax rolls. The following resolution was considered: NO. R96-001 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO SOLICIT FROM THE PUBLIC, SEALED BIDS ON A CERTAIN TRACT OR PARCEL OF PROPERTY LOCATED ON OR ABOUT THE 500 BLOCK AWN City of D enton City Council Minutes AgenJanuary 16, 1996 Agen_ Page 14 Date "_f OF ROSE STREET AND TO CONSENT TO THE SALE OF SAID PROPERTY THE HIGHEST BIDDER EVEN IF THE BID TENDERED IS LESS THAN THE MARKET VALUE OF THE PROPERTY SPECIFIED IN THE JUDGEMENT OF FORECLOSURE OR THE TOTAL AMOUNT OF THE JUDGEMENT AGAINST THE PROPERTY, AND TO EXECUTE ANY QUITCLAIM DEEDS NECESSARY TO CONVEY THE PROPERTY UPON SALE; AND PROVIDING AN EFFECTIVE DATE. Biles 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. B. The Council considered approval of a resolution authorizing the community Development Office to submit an application to the Texas Department of Housing and Community Affairs seeking emergency shelter funding and authorizing the City Attorney to negotiate a contract with the Texas Department of Housing and Community Affairs. Derrick Collins, Human Services Coordinator, stated that this resolution would allow the Community Development Office to submit a proposal to the Texas Department of Housing and Community Affairs for emergency shelter grants program funding. If funded and after contract approval, the Community Development office would act as a fund manager, distributing the funding to HOPE, Inc. and Denton County Friends of the Family to provide homeless prevention activities. There would be no impact on the General Fund. j The following resolution was considered: NO. R96-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE COMMUNITY DEVELOPMENT OFFICE TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF ROUSING AND COMMUNITY AFFAIRS SEEKING FUNDING AND AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. C. The Council considered approval of a resolution of the Council of the City of Denton, Texas declaring its support as a sponsoring agency for "A Vision For Denton - The 21st Century". The following resolution was considered: City of Denton City Council Minutes Agenda I0, January 16, 1996 Agenda Item Page 15 Date NO. R95-003 A RESOLUTION OF THE COUNCIL OF THE CITY OF DENTON, TEXAS DECLARING ITS SUPPORT AS A SPONSORING AGENCY FOR A "VISION FOR DENTON - THE 21ST CENTURY't; AND PROVIDIN AN EFFECTIVE DATE. Miller motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "ayes", Brock "aye", Biles "ayes", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution establishing a Diversity Task Force; and authorizing the expenditure of funds to secure the professional services of a facilitator. Tom Klinck, Director of Human Resources, stated that council had determined the following major diversity issues: workforce issues, hiring and promotion issues, diversity hiring issues, relationships between police and community, language issues, race relations in the community and city, university student issues, pay and pay increase issues, and contracts and bidding policies. The task force would consist of 18 members, 14 Council appointees and 4 city employees. The objectives of the task force would be to study selected diversity issues and provide solutions and recommendations; provide suitable recommendations that could be addressed through the organizational structure; coordinate the task force with the Cityfs Workforce Diversity Committee; and complete Phase I within 6-9 months. It was anticipated that there would be an outside facilitator who would provide diversity awareness training; assist with strategic planning; and assist with monthly meetings to study specific issues and develop solutions and recommendations to provide periodic reports to the City Council. The estimated cost for the outside facilitator would be less than $10,0000. The following resolution was considered: NO. R96-004 A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DIVERSITY TASK FORCE; AUTHORIZING THE EXPENDITURE OF FUNDS TO SECURE THE PROFESSIONAL SERVICES OF A FACILITATOR; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to approve the resolution. Frenchy Rheault stated he was representing wife who was Ms. Wheelchair of Texas. He asked the Council to remember that diversity included people with disabilities and was not just a racial diversity issue. Agenda No. v d City of Denton City Council Minutes Agenda Ite January 16, 1996 " Page 16 Date_ On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council considered and appointed a Municipal Judge. This item was not considered at this time. 10. Miscellaneous matters from the City Manager. A. Wall of Honor Honorees - Acting City Manager Svehla pointed out the new additions to the Wall of Honor. B. Reminder of the Service Awards Banquet on Friday. C. Reminder of the NLC meeting in Washington, D. C. il. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments This item was not considered at this time. 12. New Business The following items of New Business were suggested by Council Members for future agendas. A. Council Member Cott suggested adding the Pledge to the Texas flag at the beginning of the Council meetings. He also suggested having a school project to have students write a pledge to the Denton flag. B. Council Member Miller requested Council consider amending the Rules and Procedures to allow each Council Member an opportunity to speak on an item before the question was called. C. Council Member Krueger asked for information regarding the turn lane configuration on Teasley Lane by the Shell Station. D. Council Member Cott asked for information regarding the gravel trucks turning in front of Sam Houston School. E. Council Member Young asked for a feasibility study on how much it would cost to run water to the silver Dome Mobile Home Park in an emergency situation. Agenda No. ' City of Denton City Council Minutes Agend tem _ January 16, 1996 Page 17 Date ' ' 13. The Council continued in a closed Meeting to discuss the following: 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 After the completion of the Closed Meeting, the Council reconvened in open Session and took the following action: Mayor Castleberry stated that Willie Hudspeth had requested to speak on this item but was not present at the meeting. Biles motioned, Young seconded to have Council direct staff to prepare a contract for execution by the mayor appointing Robin Ramsay as the Municipal Judge for the City of Denton for a two year contractual term at a salary of $57,000 per year with the City's executive employee benefits including 4% deferred compensation. The appointment would become effective upon Mr. Ramsay's acceptance in writing. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Siles "aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 10:20 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC002E3 Agenda No._ CITY OF DENTON CITY COUNCIL MINUTES Agend !em _ January 23, 1996 Date The Council convened into a Closed Meeting on Tuesday, January 23, 1996 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, and Miller. ABSENT: Council Member Young 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered and discussed defense of and the settlement of RPS Ventures Inc.. et al v. City of Denton and Webber and Barnes v City of Denton pending in the 362nd District court under Section 551.071 of the Open Meetings Act. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Council Member Young arrived during the Closed Meeting. The Council convened into a Work Session on Tuesday, January 23, 1996 at 5:30 p.m. 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 received a report, held a discussion, and provided direction regarding the Economic Development Transition Committee recommendations. Harry Hall, Chair-Economic Development Transition Committee, stated that the Committee had presented an initial set of recommendations to the Council and would be presenting them to the Chamber of Commerce Board of Directors in the near future. As suggested, they had employed the services of a professional consulting firm specializing in economic development practices, trends and issues. The set of recommendations included (1) the City Council consider the adoption of a charter to create an economic development corporation funded by a local sales tax collection as authorized in Section 4A, Article 5190.6 of the Revised Civil Statutes of Texas. That recommendation would be consistent with the findings of the Fantus and the Vision for Denton Work Action Group. The focus needed to be to create and maintain jobs and job opportunities es well as expand and diversify the local tax base. Their research over the past few months indicated that a 4A sales tax was the best option to consider because of its proven flexibility over and above City of Denton city council minutes Agenda No. January 23, 1996 a9end I em Page 2 Date typical marketing programs. If approved as recommended, the 4A corporation could assist private developers; purchase and sell property and buildings; assist with employee relocation; provide training; offer financial incentives; and extend infrastructure such as water and sewer lines and road access to appropriate commercial/industrial areas. The Committee specifically recommended the 4A corporation versus 4B because it was very focused on actual helping expand the tax base and on creating jobs. General community projects could be adequately funded through the Capital Improvement Programs. Denton could not compete with other communities with unlimited resources to offer through their sales tax. Denton was losing out and falling further behind on economic development. (2) The Council should appoint a five person Board of Directors to expedite adoption of by-laws, proposed budgets, marketing and general policies. (3) Call an election for the purpose of increasing the local sales tax rate by h of 1%. These funds would be dedicated to the administration of a 4A Economic Development Corporation. The Committee knew that there were many other corresponding issues which needed to be addressed and they would help the Council if so desired. Cott motioned, Young seconded to create an ordinance to create an economic development corporation and to authorize a sales tax election to fund the activi'~ies of the economic development corporation. Council Member Miller stated that this item was listed as a discussion item. Mayor Pro Tem Biles felt that Council Member Cott's motion was an improper motion as the Council was in a work session. Council could not take action on a motion to establish or create those entities but could direct staff to prepare information. Council Member Krueger stated that the agenda indicated "provide direction" regarding economic development and that direction would be whatever the council decided to provide. He did not have a problem with creating the corpora ion and did not have a problem with proceeding. He felt the Council might be moving too fast towards calling an election and might need to slow down regarding an election for a ~ cent sales tax. It would take more than 8 months to prepare for that matter. Council Member Young stated that Council Member Cott gave staff direction to recommend the economic development corporation and the City call and conduct an election on August 30, 1996 which was a uniform election date. The Council had been working on this for two years. Denton was behind other communities which had already passed such an issue. Agenda No. Citv of Denton City Council Minucus Agenda le Ja;iuary 23, 1996 Date_ Page 3 Mayor Castleberry suggested placing this item on the agenda for the second week in February for further discussion. He felt Council was moving too fast on the issue. Council Member Brock stated that she was concerned about the stages for development and at what point there would be public hearings on the matter. Anything of this magnitude deserved public input as it was asking citizens to vote for a new tax. Mayor Pro Tem Biles felt that it was critical to move forward to be competitive. Before there was an election, the Council needed to carefully consider the issue. If Council Member Cott's motion was to direct staff to immediately prepare an ordinance to form the corporation and to establish a date for an election, then he would have to vote against the motion. His alternative motion would be to direct the city Attorney, the Acting City Manager and the Executive Director for Finance to return in two weeks at 3 work session to fully explore the issue. He felt there ::ould be a greater chance to succeed if the public participated in the process. Mayor Castleberry asked if Council Member Cott would like to change his motion. Council Member Cott stated no. Council Member Miller asked if the Transition Committee was recommending that the corporation board be formed at this time or wait until after the proposed election. Hall stated that it was the recommendation to form the 4A corporation at this time. Council Member Miller asked how the Transition Committee felt about the corporation going into the ownership and buying of land for an industrial park versus leveraging the private sector to work in partnership with the corporation. Hall felt that it was the intent to have the private investors art. However, if the private sector did not act, the economic development sales tax should come into play. Council Member Miller asked how work force issues would be considered with the use of the economic development funds. Bill Shelton stated that the emphasis of the committee was more on organization rather than programming at this point in time. Council Member Krueger asked that the motion be repeated. i Agenda No. • City of Denton City Council Minutes January 23, 1996 Agenda I m Page 4 Oale Council Member Cott stated that his motion was to immediately prepare an ordinance creating a charter for an economic development corporation and the work necessary for a sales tax election to fund the activities of the economic development corporation. Council Member Krueger stated that when Council directed staff to prepare an ordinance, that did not create an avenue for public hearings. He did not believe two weeks would make a difference. He was ready to begin the process. Council Member Young stated that Denton citizens were tired of having to drive to Dallas/Ft. Worth for a decent job. Mayor Pro Tem Biles stated that he had not heard any discussion about the reason why or why not to discuss a 4B corporation. He had not heard any discussion, in work session format, as to what was the validity for particular uses and had not heard any justification as to why Council needed to start so soon. He could not support the motion as he was not sure what the Council was directing staff to do. He felt Council needed to have a work session to discuss the issues. Mayor Castleberry stated that he was against the motion but was not against economic development. He felt the Council would be moving ahead too fast on the issue. Council Member Brock stated that she had a list of questions regarding the issue and wanted time to review the issue carefully. Anything of this magnitude deserved a thorough examination. it would bad public relations if done in haste. Council Member Miller stated that he was opposed to the motion on the basis of the target date of August 10, 1996. He felt there was a need for a better discussion and understanding of the issue. This was to not delay the issue but felt that a work session on the issue was needed for more discussion. Council Member Cott asked what was the first possible election date. Shelton replied May 6th. Council Member Cott asked for the time frame for the election. Shelton replied the recommendation was for a ten week campaign. Mayor Castleberry stated that if this were done in a work session the Committee would be available for questions. Council Member Krueger expressed a concern regarding the process. The Committee was here and the meeting was posted as a work l AgenCity of Denton city council Minutes January 23, 1996 ApnPage 5 Date _4 session. Why wait two weeks to ask questions as the Committee was here now and prepared to answer any questions the Council had. Citizen input would happen with the consideration of an ordinance. Council Member Miller stated that the item was opened with a motion and not with discussion. There was a motion on the floor and the prior discussion was about the motion. The entire discussion had been regarding the motion and not about the issues. Council Member Krueger stated that as he understood parliamentary procedure, an item was not discussed until a motion was made and then seconded. He felt that the motion and second was in order but also felt that a work session was a time to discuss an item. Council Member Young stated that this was an issue during his election and the Council needed to proceed with the issue. The Council was following the voters instructions which were to create the industrial parks so that Denton would be on equal footing with other cities. Council Member Cott withdrew his mr~cion. Biles motioned, Brock seconded to direct the Acting City Manager, the City Attorney, and the E%ecutive Director for Finance to prepare for council for consideration at a work session two weeks from this evening, information on the 4A recommendations of the Economic Development Transition Committee. Likewise information regarding the contrast and comparison with the 4B sales tax and a 4B corporation and the uses to which each could be put to. These three individuals would also prepare for Council a proposed agenda for public hearings to be conducted with a review of a time line in preparation for the August 10th date but also apprise Council of the other available election dates, both before and after August 10th. A comparison would be made between the recommendation of the Economic Development Transition Committee and the Vision Work Group recommendations that the City had been sponsor of along with the chamber and other entities in the City so that council would have an understanding of the full scope of the issue of economic development in the context of the recommendations received this evening and of the 4A and of the 4B and also hotr Council could proceed towards an orderly approach of the election date. Council Member Cott stated that such a motion was why industry in this community did not trust City government. At motion like that excluded them completely and indicated that there was no understanding of what was going on. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. City of Dentc.i City Council Minutes Agenda Mxfs__~ January 23, 1996 Agenda ItPage 6 Council Member Brock asked if Council could continue to ask questions at this point in time. City Attorney Prouty stated that there would be no problem to continue to ask questions. Carl Anderson stated that the Transition Committee was given a charge and they did what they thought was the best of their ability. The Committee was not trying to push the issue but they did feel it was critical to move as surrounding communities were already passing this issue and Denton not able to compete with economic development. Mayor Pro Tem Biles left meeting. Council Member Brock stated that she had many questions and wanted to understand all of the issues before proceeding. She felt that the public would be concerned about accountability. This proposal would take money from the public and turn it over to an economic development corporation. she questioned who would be accountable to the public on the way the money would be spent. There were safeguards in place such as the Council appointed the Board, the public could petition for an election to disband the Corporation if it not like what the Board was doing. The Board served at the will of the Council and the public could indirectly control the Board. The Council could itself call an election to disband the Board. She asked what were other accountability issues and how did an 4 economic development corporation gain the trust of the public. Ed Smith stated that it was a great concern of the Committee to have a system which would be best for the taxpayers. The City Manager, City Attorney and Finance Director were in charge of all funds collected by the economic development sales tax. Those funds could not be spent without direction and an annual budget. The charge for the Committee was to recommend whether to have an economic development corporation. The Committee also recommended that the Council appoint the members of the Corporation for the purpose of by-laws and structure. At this point in time, the Committee did not have any authority to implement anything. Council Member Brock asked if the economic development corporation wanted to buy property and do buildings, would that have to go to Council for approval. Smith replied yes as the Corporation would not want to compete with the private sector. Mayor Pro Tem Biles returned to the meeting. Smith continued that the economic development corporation wanted to make recommendations as to what was good for the City. The ,I f City of Denton city council Minutes Agenda No.-39 January 23, 1996 Age Id i e Page 7 Dale ` Committee was only asking for additional direction to go on to the next step to create the by-laws and structure of the corporation. Council Member Brock wanted to be sure the economic development corporation had a level playing field and would not get into the development business. Smith replied that that would not be as the Council would have to approve the projects. The committee wanted a structure which would always handle the funds appropriately. The Committee needed direction and could not go any further without direction. If there was not going to be an economic development corporation, then the Committee needed to stop wasting time looking at other cities, The Committee's recommendation was to form an economic corporation and to fund the corporation with a : cent development The Committee had not made any other recommendations than those two, Council Member Brock asked if this would be part of what would be presented to the voters. Smith replied correct. With a 4A corporation, the money could not be used for anything else than for jobs and economic development for the citizens of Denton. The 4B corporation had areas of discretion where the money could go. Council Member Krueger understood that the Committee spent many hours deliberating on whether to recommend a 4A or 4B corporation. The Committee's recommendation, was to only consider a 4A corporation. Hall replied correct. Council Member Krueger questioned why the Council would waste time directing staff to consider looking at a 4B corporation when the Council appointed a Committee to make recommendations to the Council. Why would the Council waste time looking into an issue the Committee had already considered. Council Member Brock felt it was necessary for the Council to examine the issue just as it did with other boards or task forces. She did not know of any other group the Council automatically accepted what they did without even asking any questions. Council Member Krueger stated that the Council basically rubber stamped what the CIP Committee presented. They called the date of the election and council agreed. This field of professionals were presenting their recommendations and the Council was not agreeing with them. City of Denton City Council Minutes Agenda January 23, 1996 Agenda l em Page 8 1~. Dale --~=1 Council Member Miller agreed with Council Member Krueger on this aspect. He did not feel it was a good idea to do another study on 4A and 4B. If the Council wanted to consider the 4A/4B issue, the Council needed to hear what the Committee felt rather than have another independent study. Council Member Young stated that this was a business issue and could have taken care of at this meeting. It was his opinion that everything had already been discussed because of the voter's instructions. Richard Hayes stated a question had been asked about the dates of an electicr. There were only three dates which were allowed during this presidential election year - January 20th, May 4th, and August 10th. In regards to the question on checks and balances, the Council made the appointments to the Board of Directors, the budget had to be approved by the Council and the expenditures cleared through the City Council and all City Council members would be ex- officio members to the Board of Directors. A 4A corporation was strictly economic development. A 4B corporation was economic development plus other areas such as sports facilities, parks, and other types of public amenities. With the very excellent CIP process of the City, it was not necessary to address public improvement needs. Council Member Brock stated that some cities had recently passed a special sales tax to be applied to police force. She asked if that came under 4B or was that something else. Hayes replied that it was under a separate piece of legislation. Council Member Young left the meeting. Council Member Miller stated that favorable consideration of the proposal by the Council would set in motion, the process for an economic development corporation, a five member board to the corporation. He assumed Council would think about a sales tax election on August 10th. At every step of way, the Board of Directors would return to Council with by-laws which would be done in open session and public input at that time and accept or reject the by-laws and recommendations at that point in time. Hall replied correct. That was the reason for the formation of the corporation. The corporation at this point in time was unfunded and the corporation would then develop the by-laws which would develop checks and balances. Council Member Krueger left the meeting. Council Member Miller stated that one of the critical issues was the issue of whether to have a 4A or 48 corporation. Council would Agenda No. City of Denton City Council Minutes Agenda Item January 23, 1996 Page 9 Date r' `~Q need the input so as to decide at the next meeting which corporation to recommend. Hall stated that if Council had specific questions of this committee to let him know in advance so that the committee could respond to those questions. Council Member Young returned to the meeting. 2. The council considered and gave staff direction on continuing the waiver policy for the Parks and Recreation programs. Council Member Cott left the meeting. City Attorney Prouty stated that staff had surveyed other cities in the area as to the question of continuing the waiver policy. Most of the area cities required a waiver or release for any injuries which were caused by or incurred by the children who were participating in the programs. The staff revised the release form based on the information received from the survey. The first paragraph indemnified and held the City harmless for any injuries caused to third persons or property by the minor participating in the program. The release would be signed by the parent or guardian. The second paragraph was a release for any injuries or damages which might occur to the child participate in the program including any claims or damages aris-4ng from the negligence of the City or any of its employees. A new provision in the release was that when a minor reached an adult age, the minor had the ability to repudiate the release. The parent would be required to indemnify the City against the minor's repudiation of the release. A provision was continued which authorized the City to photograph, televise or sound record any athletic events a child might participate in. It also allowed the City to provide medical services and care to an injured child. In order to do this, the release form had to be notarized as the medical facilities would not render medical care unless the release form was notarized. Staff was recommending that the City continue the current policy of requiring such a release to participate in Parks and Recreation programs and would recommend that the Council adopt a new release form similar to the one proposed. Council Member Cott returned to the meeting. Council Member Miller asked about the difference between the current and proposed release form. City Attorney Prouty stated that the present release form did not have some of the language regarding no indemnification by the parent in the event a minor repudiated the release. The language with regard to indemnification and hold harmless was not as complete as what was proposed. 1 City of Denton City Council Minutes AQendaNo I January 23, 1996 Agenda it m Page 10 Date' Council Member Krueger returned to the meeting. City Attorney Prouty stated that the current forms were not notarized. Council Member Miller asked if the Parks staff would handle the notarization of the forms. Ed Hodney, Director of Parks and Recreation, stated that he had expressed a question about whether it would be logistically possible to have each form notarized. If the City required notarization on all waivers, it might reduce the number of participants in the program and might be perceived as an inconvenience. He had to rely on the City Attorney to decide whether or not a notary signature was critical as far as the waiver of liability was concerned. Council Member Miller asked if other cities required notarization of their waivers and had there been a problem in not notarizing these in terms of receiving medical care. Hodney stated that most of the cities in the survey did not require the forms to be notarized. He did not know the response from the hospitals. City Attorney Prouty stated that most other cities did not require notarization. Courts were very skeptical and were quick to set aside release forms, especially when trying to release the rights of a minor, and the notarization would show that the form was signed by the parent and gives a seriousness to the form. There were certain medical facilities which would not render medical attention to a minor without some sort of release from the parent without being notarized. There might be some reduction in participants if notarization was required. Council Member Miller felt that if the majority of other cities did not require the notarization and if the programs were working well without, he did not want to add a stricter requirement to the process. Council Member Cott stated that he understoe,d that no adult could give away the rights of a minor under any circumstances. City Attorney Prouty stated that that was one of the problems with the former release. The minor had the right to repudiate when he reached majority. That was why the third clause was included in the form and put the parent on the line. Mayor Pro Tem Biles stated that a child0s biological parent was the child's natural guardian of person of the child and not of the estate of the child. There was a different set of issues than a 1 City of Denton City Council Minutes Agenda No. January 23, 1996 Agenda It M _ Page 11 Date_ % _ q complete waiver of child's property rights, a child's right to inherit and a child's right to proceed against action. The Texas F Health and Safety Code required that any power of attorney for designation of an agent for health care decisions must be sworn. If the notary was removed, the City would not have the right to transport a child to a hospital. The solution might be to include language on the form that it was valid and accepted only when fully executed and notarized. The form could be notarized for no charge at City Hall, City Hall West, the Municipal Complex as well as at the recreation centers. Mayor Castleberry asked if it would be possible for the Parks employees to become notarized. Hodney stated yes that it could be done. It might be difficult to have a notary at every facility for all the hours that the facility was open. Mayor Castleberry stated that most of the registration was done in a day or two. Acting City Manager Svehla stated that notaries could be present at given hours at the facilities. Council Member Krueger stated that the registration was not done just at the recreation centers. There were several days when registration was done at the Mall. The City employees could not be at all places at all tines. The DISD did not have a form such as this to address children in school. When a sentence was included against the negligence of the City, it was not protecting the rights of the citizens. The context of the form did not protect citizens. He felt the responsibility of the City was to provide good care for its citizens and their children and not disclaiming responsibility if the City made a mistake. Council Member Young stated that this waiver would not stand up in court. He liked the notary provision and the ability to have a child taken care of when medically needed. The waiver was more restrictive but felt that it would not stop individuals from participating in programs. Council Member Miller asked if the City was not treating children who were injured. Max Blackburn, Risk Manager, stated that in every case where there was an injury, the City had either called for an ambulance or taken care of the child. Council Member Miller asked if this had causel a problem for the City up to this point. ~ yr City of Denton City Council Minutes Agenda Na.% January 23, 1996 Agenda lte _ Page 12 Date Q~ Blackburn stated it had not caused a problem up to this point but up until now a wavier was required even though the waiver was insufficient. Council Member Miller questioned the need for notarization of the I` form. Mayor Pro Tem Biles stated that other cities might not do this procedure and Denton might not have required it up to this point in time, but that did not make the prior release forms legitimate or binding. He felt it was an insufficient document if it was not notarized. City Attorney Prouty stated that releases like this were challenged and felt that notarization added legal sufficiency to the release form. Council Member Miller stated that the release form would have to be notarized or the individual could not participate in the program. Would current participants in the programs have to notarize a statement. He asked if there was a wavier for pre-adults and was it currently required to be notarized. Hodney stated that it was not currently notarized. City Attorney Prouty stated that the Council's first consideration was if it wanted the release at all. The second point was did the Council want a legally sufficient document. The proposed release would cover the legal issues. The current form would not stand up in a court proceeding. Council Member Krueger stated that the City better be prepared to sign up everyone who walked in the doors of the recreation centers if the forms had to be notarized. If a light fixture was loose and looked dangerous and an individual informed the building attendant that it was dangerous and then the light fixture fell on someone who had signed a release form, would the City still could be sued so what good was the form. City Attorney Prouty stated that in the release form, the parent for the child was releasing any injuries caused by the City's negligence. one possibility was to separate the medical authorization and the photographic authorization on the back of the form. The remainder of the release would be signed without notarization. There would be two forms. The release form without the notarization would not give it the same legal standing and would subject it to more of a risk to be set aside. Mayor Castleberry stated that that could complicate it and one form would be less confusing. i City of Denton City Council Minutes Agenda NoAtfiv_ T January 23, 1996 Agenda Ile Page 13 Dale Youn g motioned, Brock seconded to accept the release as it was proposed. On roll vote, Miller "nay", Young "aye", Cott "aye", Krueger "nay", Brock "aye", Biles "aye", and mayor Castleberry "aye". Motion carried with a 5-2 vote. Mayor Castleberry stated that the consensus of the Council was to add a set of instructions to the back of the form. 3. The Council received a report from the Parks and Recreation Department on the I.M.A.G.I.N.E. program and viewed a video. Ed Hodney, Director of Parks and Recreation, stated that the Denton Parks and Recreation program had recently re-examined its mission and in doing so, realized that the purpose of the program was changing and was more in community services. The Parks Department worked with other agencies such as the School District, social services agencies and the I.M.A.G.I.N.E. program reflected the gradual shift to a broader, more useful mission for the City. Brenda Burton, Children Program Supervisor, stated that the City had received a donation from the Ruth Anderson estate with the only stipulation to use the funding for youth at-risk programming. The program was des;gned for teens from 14-17 years of age which would help broaden their horizons. The teens selected were recommended by community leaders, people within the School District, and churches. The teens participated in community service projects, fund raisers, and cultural activities. Throughout the year they worked on a point system to earn points toward a trip to Washington, D. C. Eight teens completed the program and those eight went to Washington, D.C. All the teens maintained or improved their grades in school, expanded their social circle and became more outgoing. A video was shown detailing the program. 4. The Council received a report and held a discussion regarding the 1996-97 City Council budget priority questionnaire. Jon Fortune, Chief Finance Officer, stated that the questionnaire was used to provide staff input from Council regarding budget development for the upcoming fiscal year. Ile asked if Council had any new service areas to include or to delete any servic., areas on the list. Council Member Cott asked when Vision put in their priorities. Acting City Manager Svehla stated that the majority of the Vision projects that involved any kind of capital would be in the CIP and Council already had recommendations on those. The rest of the vision projects involved staff time. - - J City of Denton City Council Minutes Agenda No. January 23, 1996 Apend 1 em Page 14 Date ~ • Council Member Krueger stated that Denton County was the only law enforcement agency which covered auto theft. He understood that there was grant money available for cooperative ventures with other entities. He would like that put on the survey plus children oriented safety programs. Mayor Pro Tem Biles suggested including infill policy development, university relations and policy coordination development with other entities in the City. Council Member Brock questioned the priority response ratings of 1- 7. She felt that there was a misunderstanding about what should be in that column. There was a need to sort out the understanding of that column. Initially it was interpreted on how important was the City effort in that area. Before the Council completed the questionnaire, there wa;; a need to understand how to complete that column. Mayor Castleberry felt that that column indicated that if a Council Member was satisfied with the current situation, it would be given a "four". If there was not enough effort, "increase effort" would be marked. Council held a discussion on the interpretation of how to complete the last column on the questionnaire. Mayor Castleberry stated that staff would change the wording on how to interpret that column. Following the completion of the Work Session, the council convened into a Special Called Session. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council considered approval of a resolution authorizing the City Manager to execute an agreement with the Department of UrbanpMasstTransportation t Act of f 1964, as America, amfor ended grant under the Joseph Portugal, Assistant to the city Manager, stated that this resolution would authorize the City 1.anager to execute the agreement with the Department of Transportation for a grant. The following resolution was considered: City of Denton City Council Minutes January 23, 1996 Agenda No, Page 15 Agenda I e Date_ . ' NO. R96-005 AGREEM NT WITH THE DEPAR MENT OF TRAM MANAGER TO EXECUTE At' OF AMERICA, FOR A GRANT UNDER THE ANSPO ATION, UNITED STATES ACT OF 1964, AS AMENDED• AND URBAN MASS TRANSPORTATION h , PROVIDING AN EFFECTIVE DATE. Miller motioned, Young seconded to approve vote, Miller "aye", Young Itaye„ Cott " tt11ay ethe resolution. On roll Krueger ''aye", Brock "aye", B unanimously. "aye", and Mayor Castleberry I y Motion carried 2. The Council considered adoption of an ordinance permitting and telecommunications trction,b aintenance and use of a long across, over and under certain highwaysoand Network Services, the City of Denton. Inc. public rights of-waynof Herb Prouty, City Attorney, stated that this ordinance settled a dispute with Worldcom Network Services, Inc. for use of the Cityes right-of-way for long distance telecommunication services. The use was limited to ',ong distance telecommunication services. agreement had a 25 year term with the option to renew for another The 25 years. The compensation was a one-time $10,000 pay $1.15 per linear foot fee based on 9,882 linear feet. ment and a would be escalated each year by a price formula. The fee The following ordinance was considered: NO. 96-019 AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION, D USE OF A SMAINTENANCE ANDCOM NETWORK LONG DISTANCE TELECOMMUNICATIONS UNDER CERTAIN HIGHWAYS AND PUBLIC RIGHTS-OF-WAY OFSTHE CITYAOF DENTON; PROVIDING FOR A SEVERABILITY CLAUSE- MAKING ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND IREPEALING TALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye'r, Young "aye" Cott "aye", Krueger 'laye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. Acting City Manager Svehla stated that both Items 3 and 4 were on the last agenda. They were pulled from that meeting as they were w City of Denton City Council Minutes Agenda No January 23, 1996 DAgend ate l Page 16 Date " w on the wrong ordinances. Both items were for purchases for the fleet. They were the low bid on the State contract. The following ordinance was considered: NO. 96-020 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. Miller motioned, Brock seconded to adopt the ordinance. 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 considered adoption of an ordinance awarding a contract for the purchase of materials, equipment, supplies or services by the State Purchasing General Service Commission. The following ordinance was considered: NO. 96-021 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BID BY THE STATE PURCHASING GENERAL SERVICE COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. 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. With no further business, the meeting was adjourned at 9:00 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DEYTON, TEXAS ACCO02E6 Agenda No a A.pernda item - Da le CITY OF DENTON CITY COUNCIL MINUTES JANUARY 30, 1996 The council convened into a joint session with the Denton Independent School District on January 30, 1996 at 5:30 p.m. in the Assembly Room DISD Central Services, 1307 N. Locust Street, Denton, Texas, at which the following was considered: PRESENT: Mayor Castleberry; Council Members Brock, Cott, Krueger, and Young. ABSENT: Mayor Pro Tem Biles and Council Member Miller 1. The C,-)uncil received a report and held a discussion regarding tax abatement. Betty McKean, Executive Director for municipal services/Economic Development, provided an overview of the current policy on tax abatement and the PHH Fantus study. 2. The Council received a report and held a discussion regarding the economic development environment. Rick Svehla, Acting City Manager, discussed the "tool box" and other related economic development tools. 3. The Council re-eived a report and hold a discussion regarding tax increment financing. Herb Prouty, City Attorney, discussed the application of tax increment financing (TIF) and the formula for stimulating economic development and public infrastructures. 4. The Council received a report and held a discussion regarding future meetings. Mayor Castleberry stated that the next joint meeting would be hosted by the City on April 10th at noon. With no further business, the meeting was adjourned at 8:15 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JOSE H PORTUGAL DEPUTY CITY SECRETA Y CITY OF DENTON, TEXAS A00002F7 1 Agenda ND.^L~_~I Agenda tte`m_'/Date ! d -96 RD 7 CITY OF DENTON, TEXAS MUNICIPAL 80LDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: April 16, 1996 SUBJECT: Request For Exception to the Noise Ordinance for the Wedding Reception of John Patterson and Daphane Myers on Saturday, June 1, 1996, until 1:00 a.m. BACKGROUND John Patterson has requested that the City Council grant an exception to the noise ordinance for the use of amplified sound for a wedding reception until 1:00 a.m. on Saturday, June 1, 1996, at the Fair Hall on the the North Texas Fairgrounds (Attachment 1). As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTrD: Area Businesses and Residents. Fiscal Impacts None. "Dedicated w Quafiq Service" Agenda NA ~ Agenda I m Date Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: I i Rick Svehla Acting City Manager Prepared By: Veronica S. Rolen Administrative Assistant II Approved By: C,Jbseph'Portugal Assistant to the City Manager Attachments: 1. Request from John Patterson 2. Noise Ordinance 19 .b Agenda No. Nend I m • bate John D. Patterson NT Box 10022 Denton, TX 76203 (817) 565-2375 Ms. Veronica Rolen Administrative Administrative 215 E. McKinney Denton, TX 76201 April 3, 1996 Dear Ms. Rolm; My fiancie and I will be married on June 1, 1996. We are planning to have our wedding reception at the Fair Hall on the North Texas Fairgrounds. Upon filling out the contracts with the officials of the Fairground, it came to our attention that we need to apply for an extension of the city's noise ordinance. We would He to request the extension of the city's noise extension for the following night: Saturday, June 1, 1996. The reception %i l run from 7:00 p.m. until about 1:00 a.m at the latest. However, any chance of loud music will not be until about 8:00 p.m. Most of our guest will be between the ages of 25 to 40 and are a "tame" group. We fully understand and agree to abide to any policy that is in place and reduce the volume should any complain6s arise from the neighboring community. If any questions should arise or if further information is necessary, you may contact my fiancee or myself at the addresses or phone numbers listed below. Thank you in advance for your att ention and action to this issue. tOD. Patterson Daphne D. My NT Box 10022 NT Box 10011 Denton, TX 76203 Denton, TX 76203 565.2875 (home) 565-2862 (home) 5654588 (work) 565-2033 (work) Agenda fio Of Agenda I Date Chapter 29 NUISANCES' Art. 1. In General, 49 20.1-20.30 Art. It. Abandoned Property, ft4 20.31-20.70 , Div. 1. Generally, H 20.31-20-40 Div. 2. Motor Vehicles, It 20.41-20.70 Art. III. Grave and Weeds, if 2671-2673 ARTICLE 1, IN GENERAL Sec. 20.1. Poise. gal It shall be unlawful for any person to make or cause any unreasonably loud, dis- turbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. lb) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (cl The following acts, among others, are declareu to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: III The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the hours of 10:00 p.m. and 7 00 a m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen- sibil.ties in any dwelling, hotel or other type or residence; i2) The use of any stationary loudspeaker, amplifleror musical instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilitie3 in the immediate vicinity thereof, particularly batween the hours of 10:00 p.m. and 7 00 a.m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday,, provided, however, that the city coum it may make exceptions upon application when the public interest will-be served thereby; 13l The blowing of any steam whir ele 3ttacbed to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city Walla, except to give notice of the time to begin or stop work or as a warning of danger, (4) The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 M.M. and 8:30 p.m., Monday through •Croa refortnees-Protected migratory bird roosts declared nuisance, 4 8.87; inspection and abatement warrants, 119-86 st seq.; insect and rodent control in mobile home and rec- reational vehicle parkx, 132-91. Supp, No. 1 1389 Agenda No 7 120-1 DENTON CODE Agenda I r . ' Date % Saturday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience; (5) The creation of any 1-Dud and excessive noise in connection with the loading or un- loading of any vehi.le or the openini or destruction of bales, boxes, crates or con• tainers; , (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1966,1114-20, 14.21) Croaa reference-Animal noise, 16-26. See. 20.9. Odors. (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable t enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive. (1) Offensive odors from cow lots, ho; pens, fowl coops and other similar places where animals are kept or fell which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other simila: plause; (3) Offensive odors dram tho cue or poesataion of chemicals or from industri l processes or activities which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from smoU dram the burning of trash, rubbish, rubber, chemicals or other things or substances; '5) Offenafve odors dom stagnant pools allowed to remain on any premises or from rottias garbor, refuse, offal or dead animals on any promises. (Code 190, ff 14-22. 14-23) See. 20.3. Garbage, trsab and mbblsh nufsanose-Generally. (a) Storing or beeping rar'boge, t nsh and rubbish. The atoring or keeping of any and all stacks, heaps or piles of old lumber, refuse, junk. old can or machinm or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished strut reset buildings, piles of stun", bricks or broken rocks on any premises bordering any pis Supv No 1 1390 CITY COUNCIL REPORT Agenda No. &-D '7 Agenda item 579 r0 (o TO: Mayor and Members of the City Council Date - FROM: Rick SvehIa, Acting City Manager DATE: April 16, 1996 SUBJECT: Request to grant a Specific Use Permit for a Retirement Home. The 5.319 acre site is located on the east side of Lillian Miller Pkwy. RECOMAIENDATION: The Planning and Zoning Commission recommends approval. SUMMARY: See attached report. BACKGROUND: See attached report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Property owner and user, surrounding owners of property. users of Lillian Miller Pkwy. i°fSCAL IMPACT: None. RESPECTFULLY SUBMITTED: Prepared by: Rick Svehla, Acting Ci:) Manager G. Owen Yost, ASLA Urban Planner Approved: i Frank H. Robbins, AICP Director of Planning & Development Agenda Na~ AgenPLANNING & ZONING COMMISSION REPORTDate d To: Mayor and members of the City Council Case No.: Z-196-005 Meeting Date: April 16, 1996 GENERAL INFORMATION Applicant: Eric Schmitz 6400 Crosstimbers Flower Mound TX 75080 Current Owner: Teri Taylor IT.A.T. Company) Requested Action: Grant a Specific Use Permit authorizing a retirement home per the site plan. Location and Size: 5.319 acres, located on the east side of Lillian Miller Pkwy., approximately 500 ft. north of Southridge Drive. Surrounding Land Use and Zoning: North - Southridge Village Shopping Center (commercial and retail uses) in GR zoning South - Single-family residential use (Southridge Estates) in Planned Development zoning East - Undeveloped. GR and 2F zoning West The right-of-way of Lillian Miller Pkwy., across from which is undeveloped land (proposed for single family residential use) in Planned Development zoning. Denton Development Plan: Low intensity area No. 77. 155% allocated. Agendi No. O~ Aganda m SPECIAL INFORMATION Date • Engineering & Transportation: The site will need to be final platted prior to development. No median cut is proposed at this time. If, in the future, a median cut is proposed, it would be located where a cut is currently approved to serve the proposed development to the west of Lillian Miller. • Drainage: The applicant proposes an underground culvert, as shown, diagonally across the lower part of the site. Engineering plans for this (and related surface drainage) will be reviewed with the final plat. • Landscaping: A large, wooded area at the north end of the site will be preserved, and a minimum of large trees will have to be removed. Along the shared property line with Southridge Estates (to the south), the Commission notes that the S.U.P. plan proposes a "bufferyard". The proposal is for a landscaped strip 20 ft. wide, containing at least twenty-one live oak trees (four per 100 ft.) of 2" caliper, minimum. • Utilities: The existing public utility infrastructure is adequate to support the proposal. Taps will be made and service lines will be laid as required. HISTORY The majority of the site was zoned A by the 1969 zoning map of the City. Most of this site was zoned 2F along a proposed route of what is now Lillian Miller and a small piece bordering the current alignment of Lillian Miller was zoned SF-16 in 1980 by ordinance 80-21. The SF-16 portion is currently in the process of being rezoned from SF-16 to 2F, and will be reviewed by you at a later meeting. NOTIFICATION: The ten property owners within 200 ft. of the site were notified of the Commission hearing on March 1, 1996. At this writing, no written replies have been received from these owners. In addition, the applicant coordinated a meeting of the neighborhood on March 5, 1996. Owners within a range of 500 t ft. were invited. There were no Agenda No. J Alend Item objections to the proposed land use. Dne ANALYSIS Pertinent policies of the Denton Development Plan were used in the Commission's analysis of this request, and in making the recommendation: RATING DENTON DEV'T PLAN COMMENTS SIGNFI SOME- CONSIS- POLICY WHAT TENT CANT INCOW LY SISTEN INCON T I ' SISTE NT tttttttt~f• To be consistent with the At 80 intensity trips per acre (according to the X Plan, a development zoning) this proposal requires 425.5 trips, should not exceed its 34% more than its proportionate allocation (in allocated Intensity a low intensity area) of 318 intensity trips. Strict site plan control Single-family homes abut the site on the X within 1,600 ft. of south. The S.U.P. process mandates a site existing low-density plan, and its review. residential use The proposal should be The proposal will provide a logical, low X the 'least intense, motif intensity transition between retail land use to logical' land use for the the north and the residential use to the south site Any form of strip The existing zoning does not permit X commercial development commercial development, nor does the is strongly discouraged proposed use. However, most potential zoning changes would. Multi-family developments The site is not within half a mile of another X should be at least half a muft0amify use. At 9+ uni+,/acre it is not mile apart even defined as "multi-family` by the DDP. Housing diversity should This sort of land use adds to Denton's X be encouraged In Denton housing diversity. as a whole Apartment complexes of This proposal is for 52 units, and the nppticant X 45+ units should provide proposes appropriate amenities. (see Att. 4) recreational facilities law-density rhs Commission notes a planned landscaped X neighborhoods should be buffer "hare the site abuts residential use, protected by landscaping/ buffers Agenda No. N-- Agend Dale !t/ RECOMMENDATION i The proposed use complies with most applicable policies of the Denton Development Plan. The Commission also sees it as an excellent transitional land use between existing uses to the north and south. i The Planning and Zoning Commission approved, that along the southern property line, a 20 ft. wide landscaped buffer be maintained instead of a fence. This area will contain at least 21 trees, per the S.U.P. plan. ALTERNATIVES 1. Approve application as proposed. 2. Approve application with additional conditions. 3. Deny application. 4. Postpone. 5. Table. ATTACHMENTS 1. Location map. 2. S.U.P. site plan. 3. Data; intensity area No. 77. 4. Proposed amenities. (Please note that this information is not part of the SUP, so it does not commit the developer to build accordingly, but is presented for your information only.) 5. Draft ordinance. 6. Minutes of March 13, 1996 meeting. A&Enda No win A~end~0% ATTACHMENT j Dale r' I ! ! L tt~~~N ZONED PD-87 rTy MAP I{ ~lcl+a wa°'y,~ *1 144 I _.~wa... wa. • swan.. l,n 1. .w M. n..~ W ~ NER 1 y .raM wn.vo.. rw.fM., CURRENT- T. III N V ES THEN T5 k ..'•a ..•r•....n. m. CYPRESS Two PROPERTIES li E T'T PROPOSED -OAKMONT VILLAGE I,C \ ` I• :r.law'o. ASr w... «..Y' LAND: 1719 AC I Z Nh : 2F y y ZONED PD h N H aANT MATR1x 1 ` i•r'- r. ..ww ~,,,.1 ONE STORY ouw. litl Awcw ,1 •,f f~1 A.. w. •.au ~ ~ ','1\ ME IGNT• 29'LAR. / , r r l-'4•...r..Lw~n~ y,! ~ ROGF- METAL GA CONVOSI IC' - //t S i I y r o % o.~l~ • S SWAR£ FEET, 29.000MAX ` ~ 1 r r 1 l o. i...•" .a g PARKING: WTUR£ 5t0'NK Z z 1'i' ' V r • % _ , / ~i I ¢y..ur w. v.a REM J."AN y , , Fs. TTTTTT 24 ' o~~a'•, F ' ZONED GR EXITS PER U6: 'I AND uft N i ~/t:~' ~ ~ e•y •A •.•'^'I a,e o-.• 1F[[++111 DESCRIPTPON~ rw,.rin~ 'nul '.~f o~ I ` '~`-a.•,: rT.of-•1., 1;. / i r • ~,!t:'o /0 4L``X. 00 ET. 5E CLf E. OA ELLNG , ETIPEO PLP.0NO f1 = UMIS FOR fin ~C.wl. d.. t 110. DF uNlFS 6 MAX. L&NUCAFE nr ~'u.nm ...7 ~ STREET YARD 6d075 SF ZONED 2F ` ZONED GR w e p SPRINKLER SYSTEM WIIaI LANDSCAPING ROD I3,615SF ~y~ (W~IY.... YCM\1L uA .,.n+. e..n+,n w~..~•° OAKMON LANDSCAPING PROVIDED 27.000 SF T VILLAGE SPf~/!!C USE Pf_~7L-~q~✓- N ~VD3[AtPE PLAN ~FtfrvfO PRELIMINARY PLAT OF LOT I , BLOCK • ILLIAN • MILLER N COUNT Of TEXAS DENTO LAJaI OAKAIONT VILLAGE IlAfaaaf u ` :.ti ern ► s.•i Aflenda No._ Agend Pm W Gate KIM i ATTACHMENT 3 Agenda No' 96 ,6+ Agenda I em Date.A%57- LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area N: 77 " " " " Traffic survey zones: 6600B 613A Intensity trips/ac 60 Bouadary Description: North: A line separating 2P and OR zoning South: Robinson, State School Rd, city limit to I-35 Date: 08/15/95 East: I-35E -----------West--.- Lillian Miller Pkwy, and FM 2181 LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY -----------------0---------- SP-16 < 17 15.79 170 136 2720 p SF-10>16 0 0 0 0 0 0 0 SF-7>10 125 42.66 1250 5.69 238.98 711232 0 LESS SF-7 0 0 0 536 5360 MOB.HOMES 270 71.64 2700 0 0 63.83 766 7660 DUPLEX 0 0 0 0 0 0 0 0 7.42 593.6 18.03 M!-R 256 NF-1&2 n 0 00 0 0 4.7 332 3 CON/& 0 0 0 31.07 260 2080 15.7 10205 4.53 2944.5 75.14 OFFICE 0 0 0 4.706 1647.1 12.834 0 48841 r `WSTRY 0 3.73 391.65 8.54 896.7 0 4491.9 'STI'NAL 0 145 12325 0 0 0 PARKS 0 43.09 0 0 0 0 0 R/O/SPACE 0 13.15 1292 0 0 0 0 0 0 0 TRANSPORT 0 68.16 0 36.63 0 0 AGRIC. 0 10.26 0 0 0 0 0 0 0 218.33 0 0 VACANT 0 896.16 0 0 0 0 0 0 0 TOTAL. 412 1315.08 28334 395.476 9041 314.486 -1836 71709 INTENSITY CALCULATIONS (1) Intensity area total trips 1315.08 times 60 78905 (2) Trips allocated to existing land use (3) Trips allocated to current zoning incl. P Ds (not built} 28334 80750 (4) Trips allocated to vacant lands not zoned plus Agric. zoning 1 3100 (5) Estimated unallocated intensity trips 1)minus (2)+(3)+(4) -43279 -----(6) Percentage of intensity trips allocated -155 lD~ . ATTACHMENT 4 WIL TO OWau Y04T t-asp-act-rlo7 ' Agenda No, AgendArt18t1Wes Date -40w For oakmont village denton , 'Spacious One Bedroom Apertrnerb (Axn4metety 3W sq R) 'Each with Microwave & Refrigerator 'Carpet, Mi0btinde, EMorior Wtrndow 'Walk-in Cow 'Easy access shower with waQ mounted retractable shower seat 'individual Heating b Air Conditioning unite Ihikting with Rock & Brick Exterior (Appmodmately 28,004 sq, ti) 'Large Dining areO that doubles as Auditorium with stage '12 teat indoor Thester 'barber R Beauty shop on promises 'Activity Room 'Privet Party Rm and Conferance Area 'Library and Reeding Room 'Games Area 'Leundromet facilfts (Free) 'Exercisenherapy Room 'Outdoor Courtyard 'Several living areas throughout the building -Safety features '2 ; Hour attendent on premises 'Emergency Call deNee,n each room 'Smoke detectors 'Fire Sprinklers throuphout 'Services Anitebie 'Mona,y maintenance service alecks 43 meats per day planned by Registered Dietitian 'Laundry Services proAfed twke per week 'HOUSSkesping Services twice perweek 'Weeklyvisib from Registered Nurse 'Home Health Care available 'Daiy Pl mmed Atbvites 'Scheduled Transportaftn in Donlon area 'Monthly held trips i J eakmcnt r.cri ATTACHMENT 5 Agenda No e► Agenda t m _ Data.s ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT (S-208) FOR A RETIREMENT HOME, LOCATED ON 5.319 ACRES OF PROPERTY ON THE EAST SIDE OF LILLIAN MILLER ROAD, APPROXI- MATELY FIVE HUNDRED FEET (500') NORTH OF SOUTHRIDGE DRIVE, AND CURRENTLY ZONED UNDER THE TWO FAMILY (2F) AND SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Eric Schmitz initiated a request for a Specific Use Permit for a retirement home on 5.319 acres of property, located on the east side of Lillian Miller Road, approximately five hundred feet (500') north of Southridge Drive, and which is currently zoned under the Two Family (2F) and Single Family 16 (SF-16) zoning district classifications and use designations; and WHEREAS, on March 13, 1996, the Planning and Zoning Commis- sion recommended approval of the requested Specific Use Permit; and WHEREAS, the City Council finds that this permit will be in compliance with the Denton Development Plan; and WHEREAS, in accordance with Article III, Division 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following condi- tions exist: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Agfnda No. Apenda It m y_ Date, 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That specific use permit S-208 is hereby granted for a retirement home on 5.319 acres of land, legally described in Exhibit 1, attached hereto and incorporated by reference herein, as per the site plan attached hereto, approved and incor- porated herein as Exhibit 2. SECTION II. 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 III. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 2 E Agenda N0. / p Agenda t m Date • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: = it i i iPAGE 3 Agenda No. `~r W) Agenda it m Date ALL THAT IAJOUPARCEL LAND 4QN TE NTHE ,OHNMCGOWENSURVEY ABIRACT797. CITYANDCOUNTYOF DENTON, TEXAS, AND BEING PART OF THE SECOND TRACT AS DESCRIBED IN A DEED FROM 9RPAN D. PERKINS. SUBSTITUTE TRUSTEE TO SOUTHWEST SAVINGS ASSOCIATION, ON THE 7TH DAY OF NOW.WSER 1969, RECORDED IN VOLUME 2678. PAGE 820. REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID SECOND TRACT; THENCE NORTH 02 DECREES 27 MINUTES 10 SECONDS WEST NEAR A FENCE ON THE EAST LINE Of THE MCCOWEN SURVEY A DISTANCE 0' 1026.57 FEET TO A FOUND IRON PIN FOR CORNER; THENCE SOUTH 88 DEGREES 39 MINUTES 19 SECONDS WEST A DISTANCE OF 1053.20 FEET TO AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF A TRACT DEEDED TO F.C. MCNEIL, RECORDED IN VOLUME 177, PAGE ,01. OEED RECORDS OF DENTON COUNTY, TEXAS, SAID IRON PIN BEING THE POINT OF BECINNwG OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH E8 DEGREES 30 MINUTES 49 SECONDS WEST A DISTANCE OF $01.56 FEET TO AN IRON PIN FOUND ON THE EAST RIGHT OF WAY OF LILLIAN MILLER PARKWAY; THENCE NORTH 26 DEGREES 19 MINUTES 03 SECONDS EAST MTH THE EAST RIGHT-OF-WAY OF LILLtAN MILLER PARKWAY. A DISTANCE OF 302 56 TO AN IRON PIN FOUND FOR CORNER; THENCE WITH A CURVE TO THE LEFT ON THE EAST RIGHT-OF-WAY OF LN.LIAN MILLER PARKWAY. HAV1N0 A CENTRAL ANGLE OF 30 DEGREES 13 MINUTES 39 SECONDS, A RADIUS OF 837.71 FEET, A CHORD OF NORTH 13 DECREES 42 MINUTES 13 SECONDS EAST 136.56 FEET. AN ARC LENGHT OF I 111.97 FEET TO AN IRON PIN FOUND Al A SOUTHWEST CORNER OF LOT 2R. SOUTHRIOCE VILLAGE SHOPPING CENTER, RECORDED IN' CABINET E. PACE 392, PLAT RECORDS OF DENTON COUNTY. TEXAS. THENCE NORTH 89 DEGREES 23 MINUTES 23 SECONDS EAST MTH THE SOUTH LINE OF LOT 2R, SOuTHRIOGE VILLAGE SHOPPING CENTER ADD+T,ON. A DISTANCE OF 165 59 FEET TO AN IRON PIN; THENCE SOUTH 01 DEGREES 57 MINUTES 56 SECONDS EAST WITH A Wt $t LINE OF SAID LOT 2R AND THE WEST LINE OF SAID McNEjL TRACT, A DISTANCE OF 759.02 TO THE POINT OF BECTNNING CONTAINING IN ALL 5.3190 ACRES OF LAND. P&Z Minutes ATTACHMENT 6 Agenda No. March 13, 1996 Agenda I e Page S Date i ` V Mr. Cochran: What is on this lot now? ~I Mr. Reeves: It is vacant. It is actually four lots and they are all vacant. Ms. Flemming: It is my understanding that with a Specific Use Permit there is a time frame that this use is permitted for. Is that going to be the case with the parking lot? Mr. Reeves: The way the ordinance reads there is a time frame in which you have to do whatever construction it is that you are doing, otherwise the Specific Use Permit expires. Since the school district plans on going out there probably as soon as they can to start construction of their parking lot that won't come into effect. Ms. Russell: Would the petitioner care to speak? Mr. Russell Bates: May name is Russell Bates and my office is at 1300 N. Locust. We are going to do this in two phases. Primarily what we are going to do is to get the cars off of the streets. Right now if you were to go down through Davis and Wood Streets in the morning it is pretty congested. This will be parking for the teachers. There is approximately twenty-seven parking spaces. The total when it is all completed will be about fifty-seven spaces. We created a bus lane on Wood Street when we did the learning center. The intent in the future is on Wood Street in front of the school to create an area for parents to drop off their children. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? Any rebuttal? We will close the public hearing. Any final remarks? Mr. Powell: I go paa that school two or three times a day and I can tell you a parking lot is needed. This is a disaster waiting to happen. This is a great idea. Mr. Cochran: I move we recommend approval of this Specific Use Permit for the Sullivan-Keller Early Development Center, Lots 1 through 4, Block 4 of the College View Addition. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) VI. Oakmont Village Retirement Center. The 5.319 acre site is located on the east side of Lillian Miller Pkwy. approximately 500 feet north of Southridge Drive. a. Hold a public hearing and consider the Specific Use Permit application and site plan for a retirement facility. (Z-96-005) Ms. Russell opened the public hearing. Mr. Yost: With your pemlission I would like to cover all three items at once but a separate vote for each will be required. What is on your desk is the correct instrument, there have been some changes Apenda No9`v r a/ P&Z Minutes Agtnd em March 13, 1996 Date Page 6 made. The drawing that you have before you serves as the SUP site plan, the alternative landscape plan, and the preliminary plat. All of the required information is there for all three items. This site is a little over five acres and is located on Lillian Miller Parkway, directly south of Southridge Village. Currently the land is vacant. It is currently zoned 2F and a small portion is zoned Single Family near Lillian Miller. The Specific Use Permit that we art' recommending would apply to either 2F or Single Family zoning. We are recommending this without conditions. (Presented slides showing a project in Flower Mound that the applicant has built that is similar to what they are proposing here.) This site of course will need to be platted before they can build and tonight we are looking at the preliminary plat. One thing that will be reviewed on the final plat is the adequacy of the drainage plans, sidewalk plans, and that sort of thing. Under landscaping we were going to propose a bufferyard between this development and Southridge Estates. The applicant has drawn a bufferyard on their plan. What the developer is proposing is an alternative landscape plan. They are proposing a twenty foot wide buffer with at least four two inch caliper Live Oak trees per hundred feet. The applicant is showing twenty-one trees in that area. Those trees will need to be maintained and irrigated. If the SUP is approved then the building will have to go where it is shown on the plan. There is a thirty-six inch culvert underground proposed that will be associated with the final plat. Mr. Salmon: Trendmaker built a large inlet structure at the back of the lots to catch water from the adjacent property before it got to their property. This applicant will be required to connect the system from Lillian Miller to this inlet system. Mr. Yost: This proposal is inconsistent with the plan in the area of allocated intensity. It is consistent with the plan in all of the other areas. They are requesting 54 units. The overall density will be 9.5. There were ten notices mailed out and we have received two replies, both in favor. M.-. Powell: Why are we looking at this as a Specific Use Permit instead of changing the zoning? Mr. Yost: The applicant chose to go with the SUP which in some respects protects the neighborhood. Mr. Moreno: As I understand it the property owners will have to maintain the landscaping in the bufferyard? Mr. Yost: That is correct. They will plant the required trees and then maintain them. Ms. Russell: 1 have a card from a Mr. Richard Bragg. Mr. Richard Bragg: My name is Richard Bragg and I live at 2537 Natchez Trace. I am in favor of the use with two exceptions. They are proposing to use Austin stone and stucco and that is not consistent with what is in the area. 1 also have a problem with the access in the back area for delivery trucks. They are proposing to have it on the south side and I think it would be better if they had it on the north side of the building. Ms. Russell: Would the petitioner care to speak? Mr. Eric Schmitz: My name is Eric Schmitz and I am representing the petitioner. I office at 6400 Cross Timbers, Flower Mound. We had our neighborhood meeting and the owner has agreed to build i i~ ?egda No. P&Z Minutes Apenc~a t n March 13, 1996 Date- f r Page 7 4P with brick and composition roof to blend into the area. This is going to be a place for senior citizens who have sold their homes. This is going to be similar to Sterling House on Hinkle Drive. We will have fifty-four units. We are going to save as many trees as possible. There will be a fence line along Souduidge Estates which is a requirement of that subdivision. As far as drainage, we are not substantially changing any topography and we went out of our way to work with the property in a way that we could save the oak trees to the north. We put a lot of thought into it. Ms. Russell: Is there anyone else that would like to speak in favor of the petition? Is there anyone that would like to speak in opposition? We will close the public hearing. We will be first considering the Specific Use Permit application. Mr. Moreno: Do we need to make the brick construction a condition of the Specific Use Permit? Mr. Robbins: It is not a condition of the Specific Use Permit at this time. There is no construction materials condition as part of the Specific Use Permit so he would not be required to build with brick. It could be added as a condition of the Specific Use Permit. Ms. Russell: 1 would think it would be in the best interest of the neighbors to make that a condition. Mr. Moreno: I move we recommend approval of the Specific Use Permit for Z-96-005 and the associated site plan with the landscape buffer condition as proposed by staff. Ms. Schertz: I'll second. Mr. Yost: There is no condition now. That the report was written when there was a need for a condition. The need for that condition has been eliminated by the plan that you received tonight. Mr. Moreno: 1 withdraw the original motion and I move we recommend approval of the Specific Use Permit for Z-96-005 and the associated site plan. Ms. Schertz: I'll second. Ms. Russell: Any discussion? All in favor of the mtion please raise your right hand. Opposed same sign. Approved. (7-0) b. Consider an alternate landscape plan. Mr. Yost: Concerning the alternate landscEpe plan, the ordinance requires that to meet with your approval it has to be clearly superior to what the regulations require. In our estimation it is. There will be a fence line between this development and Southridge Estates which is a requirement of that subdivision. Mr. ]ones: I move approval of the alternate landscape plan of Lot 1, Block A of the Lillian Miller Addition with the condition that all required trees be a minimum of two inch caliper. Mr. Moreno: I'll second. - r Agenda No. - O 1 CITY COUNCIL REPORT Agenda item_~ TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: April 16, 1996 SUBJECT: Exaction variance regarding drainage design standards for Milam Creek Ranch, Phase 11 h ! RECOMMENDATION: The Planning and Zoning Commission recommended approval of the variance. SUMMARY: See attached report. BACKGROUND; See allached report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Property owner(s), surrounding residents FISCAL IMPACT. None. RESPECTFULLY SUBMITTED: Prepared by: , Rt k Svehla, Acting City Manager G. Owen Yost, ASLA Urban Planner Approved: rank H. Rob ins, AI Director of Planning & Development 3 Agenda No. % Agenda t April 16, 1996 Date. • REPORT T0: Mayor and members of the City Council FROM: Planning and Zoning Commission SUBJECT; Milam Creek Ranch Phase II, ; variance to drainage design standards The owner of Milam Creek Ranch Subdivision has applied for a variance of section 34.124(el of the Code of Ordinances concerning drainage design standards. The cited section requires that channels not associated with a floodplain be lined or replaced with underground pipes. The rosdsiof borrow ditches in this subdivision outfall into an existing drainage Swale at the north side of lot 17 which flows in a southeasterly direction through lot 17 into the proposed Phase III. The owner proposes to leave this drainage Swale in a natural condition and will dedicate a drainage easement wide enough to contain a 100 year storm on the final plat of Phase If. This variance is based on a lack of reasonable connection between the improvement and the type of development. Therefore it is an exaction variance which is recommended to City Council by the Planning and Zoning Commission using the following criteria: Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend aproval of variances to waive such exactions, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. Attachments; 1. Location map. 2. Site plan. 3. P&Z minutes of March 27. 4. Application. Al'TAC {MEN 1 AoeAm AgenDate NORTH / e ~ z ~i ~ F ~ + 1 f; 1 {Y 717 f Y,~{Y 1 SITE Location Map I -u'w 6un4q ltlaace llne 1 + ~I --a' Wb( PAR WIN,, Dransa. [n1 644,01I 111[m.10 lfl ~ n.nr~a' r 1.. I 1.`6•eri'. eYfYw7 of ' 1a VI eye., 1w., wf . t t.l. fb.L as H J. Ayers Survq. A it. #2 > } 1 . 1 n 1 wMi'. ell r.rwt.[a.a f...~ H 4.. 4642 7il 35 6c nu \ N F i f1'NN. 2 90 At ,r At REVISED GENERAL DEVELOPMENT PLAN 7 I for ~~M r , w°•1 Milam Creek Ranch ° U 1> 40 ° t 9 00 6s 4 / ► Being 160 Ac. In the o n rX Denton County, ytexas f a o 7006 awv.m f 1 Y~ and 3296. Photo 11 D2 At PRELIMINARY PLAT of PHASE 2 le At Being 15 Lots in 2 Blocks on 52.89 Acres S f7 [ 0 0,,*1 rnt Dflelfaer: Prepant 91. 1!4./21'2 re"' Pf9 DEVELOPMENT, W. BURKE ENOlE@INO r ar P 0 901 699 qle Auburn Onn ti Q71k'~~' ' f Denial, Tuaf 76202 Deatea, T2Aoe 76201 4 tea 19171762-159 (611) ]62-691! 6swmf 1 It .vY hr'. at MI 94 ATTACHMENT 3 "s~~nda No. P&Z Minutes M March 27, 1996 t Page 7 - VL Milam Creek Ranch. Located on the south side of Milam Road east of Interstate 35. a. Consider a General Development Plan of 160 acres, composed of Phases I, II, and Ill. Mr. Yost: This is an update of an existing general development plan that was submitted and approved about a year ago. At the time the applicant did not know the location or the lotting of Phase B and M. They now know the location and totting of Phase It. This is 160 acres in the ETJ on the south side of Milam Road. Phase i was platted last year and is for residential, large lot use. Staff recommends the General Development Plan. Ms. Russell: Would the petitioner care to make any remarks? Mr. Brian Burke; It is just like Mr. Yost explained, we are ready to proceed with the next phase of lots. Mr. Powell: I move approval of the General Development Plan of a 160 acres composed of Phases 1, 11, and III of Milam Creek Ranch. Mr. Cochran: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) b. Consider a variance to Section 34.124 (e) for drainage design standards for Phase II. Mr. Salmon: Mr. Burke is representing the owner and has applied for this variance. The cited section requires that in a drainage area such as this, that is not associated with a floodplain, that the channel either be lined or piped underground. The developer is proposing lots of three to five acres and he feels that the lots are spacious enough to allow the drainage to remain in a natural condition and proposes to grant drainage easements that are wide enough to contain the water for a hundred year storm. This is an exaction variance because it is based on the need for drainage improvements created by this development. Staff is recommending the variance. The roads all drain to a point where the water would go across the northeast portion of Lot 17. This is the only place that needs to have a drainage easement. We feel that the lots are large enough to grant the drainage easement and still leave plenty of buildable area. With lots of three to five acres the increase in drainage runoff is going to be minimal and the natural system should be able to handle it without any problems. Mr. Moreno: I move that the exaction variance as proposed by the applicant of section 34-124(e) of the Code of Ordinances be recommended to the City Council based on findings of lack of reasonable connection between the exaction and the development. Mr. Jones; Second. Ms. Russell, Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) f ATTACHMENT 4 '4&eNda NO.ti A Agenda Y'r Date. ii. _ CITY OF DENTON 9 APPLICATION FOR VARIANCE OF SUBDIVISION AND LAND DEVELOPMENT REGULATIONS Name of proposed plat MILA14 CREEK RANCH PHASE 2 From what article of the Subdivision and Land Development Regulations are you requesting a variance? Petitioner _ Burke Engineering Telephone 382-4948 Address 1318 Auburn Drive City/State/Zip Denton. Texas 76201 Land Owner PFS DEVELOPMENT INC. Address P. 0. BOX 685 City/State/Zip Denton, Texas 76202 Date March 21, 1996 Fee Paid _ $175.00 Petitioner must provide the rationale for the variance using the following five criteria. (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; - -IzmilNi~ AgenDale Variance Application Continued Page 2 (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan, or Studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. or, if the variance is from an exaction (eg. road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. NOTHs Request must include the following: I. Completed application (one per variance). II. $175.00 fee. III. Copy of proposed plat and location map. L _ 2214 q~ signature of Applicant Date j ~ I w Agenda No. Qt0 -0! 7 CITY COUNCIL REPORT Agenda Item Rate U _G? TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: April 16, 1996 SUBJECT: Exaction variances regarding drainage design standards, street access, road specifications and sidewalk for Hickory Crossing Addition. RECOMMENDATION. The Planning and Zoning Commission recommended approval for all four variances. SUMMARY: See attached report. BACKGROUND: See attached report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Property owner(s), surrounding residents FISCAL IMPACT: None. RESPECTFULLY SUBMITT ED: Prepared by: Rick Svehla, Acting City Manager 0. Owen Yost, ASLA Urban Planner Approved: rank 11. Robbins, AICP Director of Planning & Development Agenda No Agenda It m - April 16, 1996 Date REPORT TO: Mayor and members of the City Council FROM: Planning and Zoning Commission SUBJECT: Hickory Crossing Addition; variances to drainage design standards, private street requirements, paving standards and the interior sidewalk requirement. The owners of the proposed Hickory Crossing Addition, at the northeast corner of F. M. 1830 and Hickory Hill Rd., have applied for variances to the Code of Ordinances, section 34-124(e) [drainage design standards], section 34-125(b) [street access], 34-114(3) [paving standards], and 34-1140 7) [sidewalks]. All four are exaction variances, requiring City Council approval, following recommendation by the Planning & Zoning Commission. The Commission has determined that the following criterion has been met in each instance: (b] Criteria for variance from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. Waiver of development exactions shall be approved by the City Council. Section 34.124(e) requires that channels not associated with a floodplain be lined, or replaced with underground pipes. There are three drainage courses crossing this particular site, one of which is in a floodplain. The owner proposes, and the Commission recommended, leaving the drainage courses in a natural state, and providing drainage easements wide enough to contain a 100-year storm. The two drainage courses total approximately 1,800 ft. and installing channel lining or a pipe system would cost in excess of $100,000. The construction of twelve homes on 30-acres will have a small effect on the drainage. Section 34-125(b) allows private roads to only be in Planned Development zoning districts. Since this property is beyond Denton's city limits, where no zoning exists, there is no mechanism than variances for allowing a private street. In this situation, the proposed private road meets all geometric criteria that are required for privato roads In the City. The Commission saw no reasonable relationship between the exaction and the proposed development. A homeowner's as.~jciation agreement to maintain this private street should be approved by the Planning and Zoning Commission. Section 34-114(3) requires that private roads be at least 24 ft. wide, with a minimum of five inches of concrete or asphalt over a limed subgrade. The developer is proposing a 24 ft.-wide road with six inches of crushed rock, and a two-course penetration asphalt over a limed subgrade. The Commission determined that the proposal is sufficient to serve 12 lots, and the cost of the required paving per lot owner (considering the long frontages) would be excessive. i Agenda No, Agend I em Section 34-114f17) requ res that sidewalks be installed along gate, 1h ft interior streets. f o sidewalks are required on the perimeter of the site.) The developer is proposing no sidewalk or walkway system inside the subdivision, either. The Commission determined that, considering the frontages, the cost of sidewalks would not be warranted when compared with the anticipated use. The Council has the option of voting on these items separately or together. Attachments: 1. Location map. 2. Proposed plat. 3. P&Z minutes of March 27. 4. Application. ,r i r. L ATTACHMENT 1 Agenda No. Vl, , 7 Agenda it m oat PROJECT LOCATION r i • I c L O C I ; ~ R ~ o I r w ATTACHMENT 2 JVognd t r~- 3 ^ N ^ YZ QW ~ ow" UN MCA i cj m ~U 41 em.Ua= Z D W -F: llY3Ol v ~0-oU 0 0Z < 002 0z < k s 30 ; N a • o ao 1G, W S _y-- d ]S iEf L a:S it C 'i'Qt' L e ad a.: ron i [DE 9d LK LA h n ` CU&951J syfvl Ss7 -11 .1 . 114 - P d,. a ti V o a + r p1 ~ r J1~. v ~ ~~Q~ I!; cot \S ' r f q r~.r • n A rll j ~f o~ ~1 iij ~s~.~ r~i a /rw1 I ii tai yy1 s ] C~ ~ ~ ~ t: ~~•55 - r 'r • Eta 1 1 U g R 1 Maci i =.a w i ~ d - .06 {~TiA.11 ' - umw i r.ms Am O f i16. i•9r -01 OGS „/~I' ~~di V, yor ~t~.l Y ~ 17M+pp~,7 ~ rv u ~r~' i n ' n l l Id1~s S x 1,. 1, OP71K r AI M 1:G. it 04 r. s d G rv ~ d i ,y(y_EI l)G`!0 !f' rr~+•^^, Mr p•`ti Rtr• /,r ' 1~ Nti^ 1 P 1 _ .ray • - ~u~ 1 ~kK • Y~O. eF i 34, bG'• lC O M~p1e1 IcYbx ipC S.X i'IYh:mch Su.T~Sitl' ~ ~ eecc^ ~ ■~~^n 7706 GiEC•dCC td 3iT. _ _ 1e.o~w lo~=e• =e Agenda No. P&Z Minutes ATTACHMENT 3 A Y e March 27, 1996 Oa r age 4 L 5 - surveyor engineers for Auto Zone and we do quite a bit of work for them. This is the thirty-third store that we have done for them. The feed store will be Lot 2, Block 1. We will submit the final plat for Lot 1, Block 1 this week with the engineering plans. They are ready to start construction. They have moved the location of the building slightly because there is a thirty-six inch oak tree in the middle of Lot 1. We moved the building to try to save that tree. That is about the only tree out there. Ms. Russell: Is there anyone to speak in favor to the petition? Is there anyone to speak in opposition to the petition? We will close the public hearing. Any final remarks? Mr. Jones: I move we approve the preliminary replat of the Auto Zone Addition. Mr. Powell: Seconded. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) IV. Consider an Alternate Landscape Plan for Denton Distribution Center. The site is located on the north side of Airport Road, directly west of the Kansas City Railroad tracks. Mr. Yost: You have already seen the plat for this development. The development is located on Airport Road just west of the railroad tracks. What normally happens when a landscape plan is submitted is that it is compared to the current regulations. If a developer does not want to comply with the regulations then they can submit an alternate landscape plan. To be approved the plan must be superior to what the regulations require. In this case the warehouse is required to have forty-three trees of two inch caliper in the street yard. The applicant has proposed to put in twenty-nine trees of four inch caliper. Staff believes that this is superior to what is required. The normal requirement calls of eighty-six caliper inches and the applicant is proposing to plant a total of a hundred and sixteen caliper inches. Mr. Cochran: How long does it take a two inch caliper tree to become a four inch caliper tree? Mr. Yost: It depends on the soil and the water but it is roughly five years. Mr. Powell: I move approval of the Alternate Landscape Plan of the Denton Distribution Center. W. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) V. Hickory Crossing Addition. 29.046 acres located on the east side of F.M. 1830, north of Hickory Hill Road. a. Consider a variance to Section 34-125 (b) for private roads, Section 34-114 (17) for the construction of sidewalks, Section 34-114 (3) for street design standards., P&Z Minutes Age March 27, 1996 Page S Agen e Date _ Mr. Salmon: Jerry Yensan who is representing the owner has applied for the variances from the Code of Ordinances. The subdivision is in the City of Denton's ETJ near the intersection of Hickory Hill Road and F.M. 1830, which is down toward Argyle. Section 34-125(b) which is street access, this particular section of the ordinance requires Planned Development zoning in order to have a private street. However, we don't have zoning in the ETJ which means in the city's ordinances there really is no mechanism to have a private street in the ET]. Section 34-114(3) concerning street design standards, the City of Denton requires that even private streets be built to a minimum standard. That standard would be twenty-four feet wide with a minimum thickness of either five inches of asphalt or concrete. Section 34-114(17) concerning sidewalks requires that a sidewalk would be installed along that interior street, The sidewalk variance is included even though we do not require sidewalks on private streets. You will be making a recommendation to the City Council since these are exaction variances. We included the sidewalk variance simply because if for some reason the private street variance isn't granted then the sidewalk variance would be applicable. These variances are based on the need created by the development for these particular pieces of infrastructure therefore they are exaction variances so you will be making a recommendation to the City Council based on findings of reasonable connection between the exaction and the type of development. Staff is recommending all three of these variances be recommended to the City Council. The proposed road does conform to the city's geometric standards for private roads. Basically our standards say that a private road cannot be a through street, it has to serve that development only. The developer is proposing to build a county standard road which is lime prepared subgrade with six inches of gravel and a two course penetration asphalt. There will be twelve lots which would be a hundred and twenty vehicle trips a day and we feel that this type of pavement will be appropriate in this instance and that the standard five inches of asphalt or concrete would not be necessary. Because these lots are all over two acres and they have more street frontage than the normal lot we feel that the expense of sidewalks would be more per lot than a normal subdivision and that they would be a little bit onerous. We are recommending approval of those three variances. Mr. Powell: Will this street be sixty feet wide? Mr. Salmon: The easement is going to be sixty feet wide and it will contain the road as well as the drainage bar ditches on each side. Mr. Powell: I move that the exaction variances, as proposed by the applicant of sections 34-125(b) street access, 34.114(3) street design standards, and 34-114(17) sidewalks be recommended to the City Council based on findings of lack of reasonable relationship between the exactions and the development. Mr. Jones: Second. Mr. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) b. Consider a variance to Section 34-124 (e) for drainage design standards. Mr. Salmon: The forth variance on this property is concerning drainage. On this particular piece P&Z Minutes a - March 27, 1996 Page 6 °G. n Date • of property there are several drainage courses running through the property. Each of them are actually rather significant. There is an existing drainage course in the northwest corner that is also in the hundred year floodplain. The applicant is proposing to dedicate a hundred foot wide drainage easement that will be large enough to contain the floodpWn in that location. Our ordinances require that they leave it in its natural condition and they are more than happy to do just that. The two other drainage courses across the property, one in the southwest portion, and the other in the northeast, are somewhat smaller and are not associated with the floodplain. Because they are not associated with the floodplain the applicable section of the ordinance which is Section 34-124(e) would require those to either have underground pipe, or if the amount of water was large enough, a lined channel. The applicant is proposing to leave those areas in a natural condition and to simply dedicate a drainage easement that is wide enough to contain a hundred year storm to ensure that people don't build their homes near that drainage area, or some other type of blockage such as a solid fence, or they decide to fill it into level their yard. This is an exaction variance and staff is recommending that this variance for the channel lining requirement be recommended to the City Council. These are relatively large lots, over two acres in size. There will be plenty of room between the homes to leave the drainage in a natural condition without inhibiting the building of houses on the lots. With the easements in place we feel that the drainage will be handled appropriately. It would cost in excess of a hundred thousand dollars to build drainage charnels and/or pipes to comply with our ordinance and if you divide that up over twelve lots that is quite a bit per lot for drainage improvements. We have twelve lots on thirty acres so they are really not increasing the drainage runoff by a significant amount. The drainage will be running into the bar ditches along the road and the road generally drains toward the east and will go into the drainage easement. Ms. Schertz: I move thtt exaction variances, as proposed by the applicant of section 34-124(e) of the Code of Ordinances be recommended to the City Council based on findings of lack of reasonable connection between the exaction and the development. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) c. Consider the preliminary plat of Lots 1 through 12, Block A. Mr. Yost: This is a little over twenty-nine acres and is located in the ETJ of Denton and it is for twelve lots. The four variances have been recommended therefore, staff recommends conditional approval based on the final approval of the four variances. Mr. Jones: I move approval of the preliminary plat of Lots I through 12, Block A of the Hickory Crossing Addition conditioned on approval of the four associated variances. Mr. Cochran: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) ATTACHMENT 4 Y +S y~ Agenda No. a 1 Agenda l em f CITY OF DENTON Date APPLICATION FOR VARIANCE OF SVBDIVISION AND LAND DEVELOPMENT REGULATIONS FRe:g~ulatio_nes posed plat i~ I CV-0ey CQ~~S~ NG rticle of the Subdivision and Land Development are yolu.~ reques ting a variance? 41 F ~ ~ C Qo ..q- l~i~ P/~J...( S 7A.NOAr2c]S uS t/aS!-ta r--~ri Fees Telephone 2 3 E, x- 3> j City/State/Zip ~r-(?~c•( 620-) Land Owner 3C^rj JACWv,2S Lf E3V#e T0M , CS7- /L Address R 0. oz)i~ 2L4 b City/State/Zip DE N'ro.J 1 X -7 62o I Date Fee Paid Petitioner must provide the rationale for the variance using the following five criteria. (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; Variance Application Continued Date i • ePage 2 Da t%_9 (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, . Studies Master Plan, or (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. or, If the variance is from an exaction (eg. road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. NOTE: Request must include the following: I. Completed application (one per variance). II. $175.00 fee. III. Copy of proposed plat and location map. na ure f Applicant 3`iB ci Date Agenda No, CITY COUNCIL REPORT Agenda Item t" Date TO: Mayor and Members of the City Council FROM: Rick Svchla, Acting City Manager DATE: April 16, 1996 SUBJECT: Exaction variances regarding street access and paving standards for Stateson-Miller Addition. RECOMMENDATION: The Planning and Zoning Commission recommended approval of both variances. SUMMARY: See attached report, BACKGROUND: See attached report. PROGRAMS, DEPARTAIENTS OR GROUPS AFFECTED: Property owner(s), surrounding residents FISCAL C7% Hone. RESPECTFULLY SUBMITTED: Prepared by: Rick Svchla, Acting City Manager G G. Owen Yost, ASLA Urban Planner Approved: Frank H. Rob ins, AICP Director of Planning & Development Agenda No. 41W Agenda t rn April 16, 1996 Date REPORT TO: Mayor and members of the City Council FROM: Planning and Zoning Commission SUBJECT: Stateson-Miller replat; variances to street paving standards and private street requirement The owner of Lot 1, Block A of the Stateson Miller Addition has applied for variances of sections 34-125(b) concerning street access and 34.114(3) concerning street design standards. Section 34-125(b) allows private streets only in planned development zoning districts and Section 34-174(3) requires that private roads be at least 24 feet wide with five inches of asphalt on a limed subgrade. The Stateson Miller Addition was platted in August of 1995 (Attachment 2) as four large tots in the City of Denton's ETJ. During that process, variances were processed for street access, paving standards and sidewalks. Complete variances were granted for street access standards allowing the lots to front on a private road and for sidewalks. A partial variance was granted for street design standards. The applicants at the time wanted to construct a 6 foot wide crushed rock road on a time stabilized base. The partial variance which was approved allowed a 20 foot wide crushed rock road on a lime stabilized base. The subdivision has been constructed with a 60 ft. private road right-of-way since that time. Mr. Miller, owner of Lot 1 wishes to further subdivide his 34 acre lot into six tots, each over 5 acres. This will give the subdivision a total of 9 lots. Mr. Miller does not propose to install any additional public improvements. The variances are based on the reasonable relationship between the requirements and type of development. Therefore, the commission considered the following criteria in making their recommendation to the City Council. (b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations- uxceeds any reasonable benefit to the property owner or is so excessive a.: to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. Waiver of developm,ntal exactions shall be approved by the City Council. The Commission recommended the variance be approved. This was a recommendation to approve access from a private street, and a recommendation to allow the street as constructed 120 ft. wide lima-stabilized base - crushed rock surface). Construction and dedication of a public road or a standard city private road would cost in excess of $80,000 or nearly $13,500 per lot being developed compared to an average of $4,500 per lot for developments inside the city limits. J Agenda No. 0 Agenda It m ate It should be noted that the sidewalk variance does not need to be reheard as there is an exception in the Subdivision and Land Development ordinance excluding replatted tots in a single family residential subdivision where sidewalks were not required in the original plat. Attachments: 1 • Location map. 2. Current plat. 3• Proposed plat. 4. P&Z minutes. 6. Application. Ile ATTACHMENT 1 Agenda No- Date 011, I si-+EVwn n " "Ab 0 > r 1 ,C/ Q 1 V e w72 `O w { LOT A. 0 N6+4 GAD 1- 'of 0 •I r' S r ' a VICINITY MAP SCALE 1" = 2000' UST 1 1011.01, J. THOMAS 3 RV A'-1 40 rK bl%" AL 650 m, C "VA"bA N toy e r N AW4 Aa" 02 ft now anuui TwrT Agenda No. c r~ to c CT AL 71POW3 & PRA U A10 Agenda It m VOL 2Otrouu °nKS Nrto ~olimi Date MAWT. w e , 000 low t 0 0 o FLOOD Zw c w ~ BLOCK A . MLWW v°~~ u er t n er - 630OSA so°woaeI'°i'' CT ITATI= 'y R /aeq RS~At r11 7~1Y la ! OFw -fort ra I H LK Lm \ u wcw O or Diwi &+or a Oxax cor a TZ Y#ln n R ! C Or VMS I' OLD uD~vtrorc Mc 2 S 1 THOMAS WOAD 7sm x a AfATOMELL GRAPHIC SCALB WWW IF O i ROAD "T° "M/`e PRELIMINARY PLAt rpi LOTS f THRU 4 BLOCK A OF STATESON-MILLER ADDITION 11-4 u SURVEYOR'S CERTIFICATE 76.093 ACRES ,,.rr...r►...r....... r........... r.r.•rr w....tirr~. IN THE 0 .MwN.rrL/. ewM ~.ti MMI.... .+Irr1.....w4. .1. p r.,....., r,.,...~ ~ J. THOMAS SURVEY A-124 DENTON COUNTY, TEXAS ..........r.-M ,....rte.....,. r an W Mane PW OK Tu m l u" .w.y r w wM ...M.rY YIf W AUS 1ITOM INC r t... r.w. r~ri. r .rrr~ ~ w.u . ruu.R .awiuu PAX (Mn W1I/N VICINITY MA! M~.w. rr~r.r. wM►+w~ n.....w.uw...nrra r v~r7rtiy..+r~rrti SCALE f = 2000' eeurw em sxc [.gp¢am _at gym- ix !Q yO; u w ) J. THOMAS SURVEY A--1240 ' usT 7a n- _ I 1 91 u' 1 I,r. : 2ea01' 7~. i ~ a r o n 101 IP -4 n r %,ei A Rt5 a 1-) +'-RCS GW• EASr /1622' 1 CAr,t SSa 9r { uj Y6 ~1 4'~l h r • R,r ~ f a 1AC+^PCS 4, •i, .,r11; Nt5 > ; u i 'i,r o l t-S 111.5! 6 t . II n CAST 726 26' 1 I n o 1 1000 2a[ C I I I $ ~ e MPRO R.Iy s Ono AcP6 / }ooD IPt _ o I l e, n-e y BLOCK .4 E 5 '1n-cRts Ir.r,rn';,p'.@LD4.. or ►Rr ----p So or ~ z 52t M, , r,,l c n 6U' PkIVATE~ ROAV R, .W. i I l z H r r KLV 0[79 ROnR 4A2401- s4WARK su Z Y HARLY 11RKTORS, W. 0 1 , 11-4711 vu [A 1736 1-13 M TCMAS 76201 H 7 r 39 OAR t04R151 Goat Pot 01 NT0N Tl 71705 62-+0K ! {eo) 5d2-9214 GRAPHIC SCALE; v PRELIMINARY PLAT .y BEING A REPLAT OF LOT 1, BLOCK A STATESON-MILLER ADDITION 33.934 ACRES IN THE o II ; J. THOMAS SURVEY A-1240 DENTON COUNTY, TEXAS a 1131 1.39 NORTH DENTON. TEXAS 71201 ANDMARK 11171 562 4018 VICINITY MAP SURVEYORS, INC. CA[ (817) $179724 SCALE 1" = 2000' R-2191/r r stilt f.2Wr('J11 r•,1>..r r, err, fi r> 9216.2 P&Z Minutes ATTACHMENT 4 Agenda No. March 13, 1996 Agenda Item Page 8 Date.!' 411- Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) c. Consider the preliminary plat of Lot 1, Block A of the Lillian Miller Addition. Mr. Powell: I move approval of the preliminary plat of Lot 1, Block A of the Lillian Miller Addition. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) VII. Stateson-Miller Addition. The 33.934 acre site is located northwest of Tom Maxwell and Old Thomas Roads. a. Consider a variance of Section 34-125 (b) for private roads and Section 34-114 (3) for street design standards. Mr. Salmon: Jerry Yensan representing the owner has applied for two variances of our Sul division Regulations. The first is from Section 34-125 (b) concerning street access and the second is from Section 34-114 (3) concerning street design standards. The first allows private streets only in a PD zoning district and the second requires that private roads be at least twenty-four feet wide and five inches thick made of either asphalt or concrete with a lime subgrade. We are only looking at one lot out of the original four. The owner is proposing to subdivide this lot into six lots and each of the new lots will be over five acres. Daring the last platting process the applicant applied for these same two variances plus sidewalks. With that subdivision the Planning and Zoning Commission granted variances of the requirement to have public sweet frontage and the sidewalk requirement, put a partial variance was granted concerning the street construction. The applicants wanted to build a fifteen foot wide gravel road and the Planning and Zoning Commission recommended that the road be at least twenty feet wide for emergency service. The subdivision has been constructed the way that it was approved. These variance regaests are based on reasonable nexus and therefore the criteria we use to determine whether or not the variance is reasonable is on page 76 and basically deals with issues of cost, confiscation of the property, and reasonable connection considering the type of development being proposed. Staff is recommending approval of the variances. Constmction of a public road at this time would cost over thirteen thousand dollars per lot, which of course is much more than an average lot. The subdivision will only have a total of nine lots if this plat is approved and all of the lots will be over five acres. Staff feels that the private road built the way it is, twenty feet wide with six inches of gravel on a lime stabilized base, is going to be sufficient. We don't have to reconsider the sidewalk variance because our ordinance does have a section that states that on replats if it was a single family residential subdivision and the original plat or the previous plat didn't require sidewalks then the replat doesn't either. Ms. Russell: Would the petitioner care to speak? Mr. Yensan: I don't think 1 need to add anything. i I 4 P&Z Minutes Agenda No. • March 13, 1996 Agen It M - Page 9 Date. • Mr. Powell: I don't find what the street width will be or how it is to be constructed? Mr. Salmon: The road has been constructed to the specifications that were determined during the last ' platting process and staff fcels that the road is sufficient. Staffs recommendation is that the variances for Section 34-114 (3), street design standards and Section 34-125 (b), concerning street access be approved as applied for. Mr. Powell: I move that the variances be approved as stated by staff. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) b. Hold a public hearing and consider the preliminary and final replats of Lot 1, Block A of the Stateson-Miller Addition; into Lots 1R-1 through 1R-6. Ms. Russell opened the public hearing. Mr. Yost. The reason for the public hearing is because it is a replat and being a replat there were four notices mailed out. We received one reply in favor. Mr. Salmon went over this in very good detail. There will be no public improvements associated with this replat and we are recommending this with the condition of final approval of the two variances. Ms. Russell: Would the petitioner care to speak? Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close the public hearing. Mr. Powell: I move approval of the preliminary and final replats creating Lot IR-1 through 1R-6, Block A of the Stateson-Miller Addition conditioned on the approval of the associated variances. Mr. Cochran: I'll second that. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) VIII. Hold a public hearing and consider the preliminary and final replats of Lot 1, Block 1 of Lowe's Addition. The 18.549 acre site is located on the north side of Spencer Road, east of Loop 288. Ms. Russell opened the public hearing. Mr. Yost: This is a replat of the Lowe's Addition which is currently under construction at Spencer and Loop 288. The purpose of the replat is to eliminate a proposed curb cut. The appVcant did dedicate to the city 3.814 acres of future right-of-way for Loop 288. Ms. Russell: Would the petitioner care to speak? Is there anyone that would like to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close the public ATTACHMENT 5 ~~pertda No, ~ r Ace0a, I m CITY OF DENTON Date • APPLICATION FOR VARIANCE OF SUBDIVISION AND LAND DEVELOPMENT REGULATIONS Name of proposed plat EA^7 C7y L-o~ ATjsO N From what article of the Subdivision and Land Development R~~~ Regulations are you requesting a variance? ~PfVA7r Petitione c-OtLi ~•~It Lt Telephone 3Q2-92g(, Address 39 Odle ~02~ S C!2 City/state/Zip fbEnrro ry x 7 6? o t and own rose L/i^~!) M~ -S✓2vtyS I,.rC r City/state/Zip 1 Date Fee Paid/"7 j Petitioner must provide the rationale for the variance using the following five criteria, (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious t-+ other pro- perty; (2) The conditions-upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; i Agenda No. A.pend I em _ Variance Application Continued Date Page 2 (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan, or Studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. or, If the variance is from an exaction (eq. road construction, right- of-way dedication, drainage improvement - a ublic improvement and/or dedication to the public), the impositionpof any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. NOTEt Request must include the following: 1. Completed application (one per variance). II. $175.00 fee. III. Copy of proposed plat and location map. e of Applicant Date V S ti f Agenda No, 9 - 0! 7 CITY COUNCII, REPORT Agenda Item-" _ TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager i DATE: April 16, 1996 SUBJECT: Exaction variances regarding perimeter streets and sidewalks for BFE Systems Addition. RECOMMENDATION.- The Planning and Zoning Commission recommended approval of both variances. SUMMARY: See attached report. BACKGROUND: See attached report. PROGRA.VS, DEPARTMENTS OR GROUPS AFFECTED: Property owner(s), surrounding residents FISCAL IMPACT: None. RESPECTFULLY SUBMITTED: Prepared by. r / Rick Svehla, cling City Marsger roopr~ p: V G. Owen Yost, ASLA Urban Planner Approved: Frank H. Ro bins, AICP Director of Planning & Development No. Agenac April 18, 1998 ApenDate PORT TO: Mayor and members of the City Council FROM: Planning & Zoning Commission SUBJECT: B.F.E. Systems Addition; perimeter paving and sidewalk variances The owners of the 8FE Systems Addition located on the north side of Blagg Road approximately 2,800 feet most of Gessling Road have applied for variances of sections 34- 114(5) (Perimeter Streets) and 34.114117) (Sidewalks) of the Code of Ordinances. Since the proposed development is within 8,000 feet of a City of Denton waterline, the cited sections of the ordinance require the developer to reconstruct Blagg Road across the frowage of the property as well as install sidewalks along that frontage. The developer proposes no street or sidewalk improvements, Both variances are based on reasonable nexus and are therefore exaction variances. An exaction variance may be recommended to the City Council by the Planning & Zoning Commission since the following criterion is met; (b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. The Commisel°° rocommendt that both the variances be granted as reasonable due to the lack of relatiomhip between the developmeat rod the required exaction. The small number of lots compared with the amount of street frontage makes the required Improvements extremely expensive on a per lot basis especially as the lots will only contain single family homes. The improvements would cost approximately 911,650 per lot compared to $5,400 par lot for an average lot in the city. In addition, the county has recently reconstructed Blagg Road to County Standards and the road is currently in good repair. The amount of additional traffic created by this development does not warrant funher Improvement to the road or the construction of sidewalks. Attachments: I . Location map. 2. Preliminary plat. 3. P&Z minutes. 4. Application. 4 t 1 ATTACHMENT 1 Agenda No. Agenda t m - Date_ , r , . a 10 1 see r u(r 'iy 3274/ 1 1 2 MOP pE.,rcrj 1 r„ i f ,A ♦ 1. MAF 1 .w~wl,~lffffffffffw , , , I: , r - ' JI rR IK.Ir ' fwwf: a +n Jµ hlwn urn, 1~ ~ niw4 Rt f.r+.x,.1.1 N~ Q ~ rr~arr .d rp rn ,`1. ' t1 1 I ~ ' ~ d D 1 r !1 d / - I ~ ~ tl ~ o MOOREAU FORRLST SURVEY A-417 ' "r-" 'Jr" - 1I •FfI 1Up r. I 0,•00 ,I Nr, WCEN 4i • 'i1i ~,f /w ruw wI .M,I+p1 ~eiWV I 1 • I I• r ,u}R 1 Y ~ L1 w, i„u a p A T~~u r I Mb's. n ~ , , c • lit ~ BLOCK A a, Alm .3 rr ..1:' j: rr ; l 1 s rro~ I 41.18? ACRC$ rr LOTS 1 m~ . us1..r ff3 018/R/DR%LLO VrR v r, .1,579 ACa V1 ! wr vly .,,'•.1 STLW 51111LACC $CAO ".mt ~q.r,~ w w1, w,I, nn „1.•, 1.3 [1 hi0N 111 /Ito[Y • Y • r7i ~i 1'• y (M11 361-7a 1+ • f , i11. I I LOr 6 A •b a1n[1/nrvnlmrR ' a 079 ACRES r COMAS rx[S ,~'uT es YYj , • , f R • 1 L v 15,1 el a,.,. OW rIMrr01. 11 A6: 'm 4m It 'RYLIOR 277 11CR4S p' A,g11A,r SU,c1+rIPS, Mt • LOT 1 I / use I vY Al LOaS ACRES LOT//)),~ s r'~ A N r1N1 %A2 AS ;e7D1 Okn y ••r A,r' A04 , L1 z BU GC ! ofta waar. q.v ROAD O ,e u... . L.. nl.n•, r•-,o•. ~ ~ N n,'rlHl, f, ^ •'~,a r PRELIMINARY PLAN' • LOTS 1-7, BLOCK A R. ru 1; H B.F.E. SYSTEMS ADDITION 1"A n,r,. w 29.115 ACRES IN THE MORREAU FORREST SURVEY } -417 0 DENTON COUNTY, TEXAS a ,Ise 1.4s N011rN DENSON• TEAAS 76201 GRAPHIC SCALE A DMARIC 1811) 882,014 VICINITY MAP SURVEYORS, INC. FAR 14111 set ere, 1 SCALE 1" = 2000' IJAUr,r U "All lf`-, PAli ur, .r.+M ra oa, n, 1 r P&Z Minutes ATTACH14ENT 3 Agenda No, % Ln March 13, 1996 Agenda It 2P74 - Page 10 Date hearing. Are there any final remarks? Mr. Jones: 1 move approval of the preliminary and final replats of the Lowe's Addition. Ms. Schertz: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) IX. B.F.E. Systems. The 29.115 acre site is located on the north side of Blagg Road approximately 2,000 feet east of Geesling Road. a. Consider a variance of Section 34-114(17) for the construction of sidewalks, and Section 34- 114(5) for perimeter street paving requirements. Mr. Salmon: Jerry Yensan representing the owners of the proposed B.F.E. Systems Addition has applied for two variances of the Subdivision Regulations. The first is Section 34-114(5), perimeter street paving and the second is Section 34-114(17) concerning sidewalks. The proposed development is within eight thousand feet of the City of Denton water line therefore the ordinance would require that the proposed subdivision make perimeter street improvements to Blagg Road and also install sidewalks along that frontage. Both variances are based on reasonable nexus and therefore the Planning and Zoning Commission may recommend that these variances be approved to the City Council if the applicable criteria are met. Reasonable nexus variances may be recommended or granted when it is found that the development exaction does not have a reasonable connection to the development. Staff is recommending teat the variances be granted in this case. This is a very large piece of property and only has seven lots with an extremely long street frontage. The subject improvements would cost in excess of eleven thousand five hundred dollars per lot which is considerably more than it would cost to build such improvements for an average residential lot. In addition the county has recently reconstructed Blagg Road and it is in good condition right now. The amount of additional traffic that would be created by these seven lots would not require the construction of any additional sidewalk or street pavement. Ms. Russell: Would the petitioner care to speak? Mr. Cochran: I move approval of the variances. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) b. Consider the preliminarj plat of Lots 1 through 7, Block A of the B. F.E. Systems Addition. Mr. Yost: We are locking at seven lots all proposed for residential use and currently the property is outside of the city limits. There is an annexation study that will take place. There is a note on the plat that says that all lots with a septic system must be at least one acre and those that are not one acre ATTACHMENT 4 Agenda No19Z:l Agend I Date CITY OF DENTON APPLICATION FOR VARIANCE OF SUBDIVISION AND LAND DEVELOPMENT REGULATIONS Name of proposed plat ,Q • ! . L_.sys7 mr A00t 7,v From what article of the Subdivision and Land Development Regulations are you requesting a variance? _/~i'9.r~ ..-C s"7sie~ri.]•Ry1 o..S s'1..e SrOt ,...~~r~ 2C~n~QO.~rK 7 Petitioner _Lf3r1D0y~+t/Z![ S✓.e✓lyut~ /telephone - 2-4oie Address _ A-236 City/State/Zip _ L~FrV7~~N X ']6207 Land Owner 4 ~~Tpry~ Address 533 ~L~66 Q~~~ City/State/Zip Df rr7~~ 7%-f- 7 62b 6 Date 3~~! Fee Paid[ 7 Petitioner must provide the rationale for the variance using the following five criteria. (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; 4 • J M"'' ._J AgenAm AgenDate It Variance Application Continued Page 2 (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan, or Studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. or, If the variance is from an exaction (eg. road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. NOTBs Request must include the following: 1. Completed application (one per variance). II. $175.00 fee. III. Copy of proposed plat and location map. S hat a of Applicant Date V 9 I Agenda No. Q ' O/ 7 . Agenda Hem Date CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. MCKINNEY & DENTON, TEXAS 7620 f (817) 566-8200 a DFW METRO 434.2529 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM; Rick Svehla, Acting City Manager DATE: April 5, 1996 SUBJECT: APPROVAL OF A TAX REFUND TO DONALD J. AND LINDA JO CARTER RECOMMENDATION: The Tax Department has received a supplement from the Appraisal District for 1991 making a correction to the appraised value based on a protest by Donald J. Carter reducing the tax he owed in 1991. Donald J. and Linda Jo Carter are due a refund which the Tax Technician recommends. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Donald J. and Linda Jo Carter are due a refund of $611.01 on City Account #036108 due to a reduced appraised value in 1991. BACKGROUND: Donald 1. and Linda Jo Carter paid their 1991 tax in full on February 5, 1992. A supplement causing a reduction in appraised value reduced the taxes due for 1991. This reduction in taxes warrants a refund of $611.01 due to Donald J. and Linda Jo Carter. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Donald J. and Linda Jo Carter. FISCAL IMPACT: $611.01. "Dedicated to Quality Sendre" City Council Report Agenda No 1 4bVw-;CS Page 2 Agenda Date Please alvise if i can provide additional Information. RESPECTFULLY SUBMITTED: Y//" 2--1J Prepared by: Rick Svehla QQ Acting City Manager Ilene Evans Tax Clerk Approved: A=- Jonrn Chi ce 1cer Attachments: Copy of Appraisal District Supplement Copy of City of Denton Transaction History Record Purge AM042% Denton Cen1f Aaaraisoi-District - A G A Q 5 'f- T E n - -M Y- 03nVA16 \^~i ~rsCk1F 1991 %ppLEMENTAL POLL N47 ~ -c CITY OF DQ4TCN (C05) YA(i THE StIFTUiY+t - ~Cr AND ADDRESS ~PROFETM DESCRIPTIGN MLEIPT V S PRIOR VALUES GAIW (273130) E 13, 851 13, $5E i6AGE L.AKEWOW EST 19W, MH 0 EOX 802006 SERIAL M TEX 288286 C03 f 0 15, -13,851 DALLAS, TX 75380 ENTITIES: RECEIPT Z 0 -13(831 M 2833 AX ANT $ 0.00 -108.60 EXEMPTION' _ DELETE 3-~9 4(v SL" MVEDC T CO 836108 (330420) UV40 NS S 0 I'M CARTER, OONALO J b LIMA JO A1417A H.B. WILLIAM TRACT 1(EN ~ MT s ~ 022 139(417 441 CARTER OR CITY), ACRES 43.60, OLD CLAD TR AG MT $ 10,464 10,344 COPPtZL, TX 75019 SI (TUS:2F11144281. 7C(1 J IrlPR NS $ 0 87, 431 ENTITIES: 601, SOS, C05, E05 COS ASSESSED S 10,464 991638 -89,186 RECEIPT TAXAME S 10,464 990630 -89,186 EXErF'TIONS: # 7176 TAX Atli S 71.69 682.70 -611.01 SLFF CODE: C - CHANGE TFAMF'ER IrFS TO 836062 i i I 0 0 > > v v y f ~ ° FAA11I s„ Woof AATI: 04/03105 city of NOT" T{NU TAI"?SV A---- - T101• 03.22 M TU I"" PAU& S."4 TAUSACTI" DI TM1 199406 PW61 - NAY! / off tiff TAN MOOT AUKr FOOD !<MAti 11 PAID turf AMEMi 91030500130001 03605{00000 CITY IOM to 91 120591 S 9,"9.93 900 I amostow CITY DN TU 90 103090 8 2.47 j 9f02030126m5. e3"s940000 tfiy DDA Tat 91 f14st1 2 1.29 I 99020501290001 43005900000 CITT RU TU 91 110391 S 9,29 90031200240001 CU06000000 CITY ■86 TU 90 1101" S 123.72 1 ~1040"30t0001 MUG62"000 t1ti 11eA Tax 91 121193 S e_AS 90041600370001 036"100000 Cl/y 01" 1U 90 017691 { 36.:2 f 900,11600400001 03610600000 CITY IK9 TU 90 011491 S 5%. i 91050Spas?pQQ1 03440/00000 ctir 11H TAX 91 020s92 D 421_1e i 91054502440001 03610600000 CITY "i Tu 91 020592 S 54.00 - 9064160 5900 i CUM00300 CITY TAN " 01t49 S U." r-pCG41600}}Qp01 _03615•Mm city DY TAX " 011491 D 00 90042101290001 01613100DL: CITY 11M TU 90 012591 S 198,53 91042) ZNiO5 t (MIM00000 CITY P" TAX • 012192 S - 9D03ZQG1S10D0: 03414100000 CITT 11M TU 90 121490 5 34.5{ 1103101!!" 001 03614100000 CITY a" ' UN ' 91 121091 S 36,11 --mi KS-40001- 036145MM CITY U 05 Iasi" K - 9103WQ 13[0001 03614500000 CITY ASb TU ` 01 123091 S 0.95 90034305!10091 C3415200000 CITY IOM TAN 90 114490 { 207,34 - 10"130MIMI G36152 CITY U w- 191.33 91041400Ab 1 _03c152000M CtT1 X" TAN ' 91 011691 S 331.74 - 90041404320001 03415300000 CITY eM ' TU 90 011291 S 408,60 -T ; SIC1250, 4 [ I 1 U.1- 91 11-' 1 = d s 90 =G903000t 0 15 St09040 1179 11{i Taut 94 ID 91 S 154.00 900;0300930392 03415600900 CITY 146 - P S t 90 053191 { 10.02 5~U0177VM 09154COM 111 At 01309a 6 . 363.16 C~E04000_ CITY 114: TAY 90 032991 f 400,92 90:10109110002 03015500000 CITY I1ti P 9 1 90 032491 S 36.08 ` r--_ - FAA►f N1 „i - - Agenda NO_ 34 , 0/7 Agenda Item ORDINANCE NO, Date lv 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 THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, sh,;wn 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 1868 ALL PREMIER EQUIPMENT SERVICES EXHIBIT "A" 1882 ALL WF.FFINDUSTRIES $48,141,00 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreernent 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. { f Agenda No.~ wolf 0) Agtnd~t~m YCO- Ma SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of rands therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this _ day of 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WA, ":;RS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 BY; S UPPLY.ORD BID 1868 1 No, BID NAME HEAVY EQUIP. MECHANIC PREMIER Agenda Jf Agenda II m- t EQUIP . ;OPEN DATE FEB. 8, 1996 SVC. Date_ _ I~ ,_[QUANTITY 1 DESCRIPTION i VENDOR _ EXHIBIT "A" II - - 1 - f 1 I HOURLY RATE BASED UPON 40 HRS PER WEEK i 538.00 2. f HOURLY RATE FOR OVER I 40 HOURS PER WEEK 538.00 1 ~ I 1 1 ~ f ' I 1 1 1 F i f , i DATE: APRIL 16 l 96 h M CITY COUNCIL REPORT Agenda No. TO: Mayor and Members of the City Council Agenda I _ Date FROM: Rick Svehla, Acting City Manager SUBJECT: BID M 1868 - HEAVY EQUIPMENT MECHANICAL SERVICES RECOIUMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Premier Equipment Services, at the hourly rate of: $38.00 per hour regular time $38.00 per hour overtime SU~1LI ARY: This bid is for a qualified technician with all associated equipment to preform preventative maintenance and repairs to the Solid Waste fleet at the landfill on a u needed basis. The bid requires a service truck with hydraulic cranes, tools, jacks, power wrenches, etc. The City of Denton furnishes parts and limited shop supplies only. This is the second year of this ro ra it has proven to be very cost effective and c ' P 8 m and .atisfactory. With current work load and staff the City of Denton Fleet Services Department is unable to dedicate the required time and personnel to the landfill equipment maintenance program. The successful bidder will work under the direction of the Fleet Services Superintendent. The Fleet Services Department and Solid Waste Landfill personnel have made several attempts to meet with the L.E. David bidder to review the equipment and job requirements. Each time the L.E. David bidder has been non responsive. I BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTAIENTS OR GROUPS AFFECTED: Solid Waste Landfill Operations and Fleet Services Division. FISCAL IAIPACT: The funds to pay for the services of Premier Equipment will be taken from Fleet Services Sublet Labor Account 11730-025-0580-8710, Respc y ubmitted: Rick Svehla Acting City Manager AP oved: Name: Tom D. Shaw, C.P.M. I isle: Purchasing Agent 726.AGENDA BID # 1868 BID NAME HEAVY EQUIP. MECHANIC AIS L.E. PREMIER CONT. DAVID EQUIP. OPEN DATE FEB. 8, 1996 CONST. SVC. QUANTITY DESCRIPTION _ VENDOR i VENDOR VENDOR VENDOR VENDOR 1 HOURLY RATE BASED $38. UPON 40 HRS PER WEEK 165.90. $30.00;_ _ - - - 2 OR OVER I $45.00 _ $38.00 40 HOURS PER WEEK _ HOURLY RATE F $97.50 NO BID RESPONSES Q DARR EQUIP. CO f f v i 0 i i I i DATE: APRIL 16, 1996 CITY COUNCIL REPORT Agenda fro. ` TO: Mayor and Members of the City Council Agenda em Date lb FROM: Rick Svehla, Acting City Manager SUBJECT: BID #1882 -16 FT. DIESEL RIDING MOWER RECOi4IMENDATION: We recommend this bid be awarded to the lowest responsible bidder, Weff Industries, in the amount of $48,141,00. SUMMARY: This bid is for the purchase of a 16' diesel powered riding mower. The unit is a motor pool replacement for a similar unit purchased in 1986 which is no longer economical to maintain. The replacement was approved during the 1995-96 budget process. This mower will be utilized by the Parks Department to maintain park areas, medians, right of way. The old unit will be sold at public auction. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS- AFFECTED: Parks Department Grounds Maintenance and Fleet Services Division. FISCAL I MPACT: This unit will be funded from an internal motor pool lease account #720-025- 0584-9104 and repaid by the department over a 60 month time period, Respectfully submitted: yt~ Rick Sveh a Acting City Manager Approved' Name: Tom D. Shaw, C P.M. Title: Purchasing Agent 725.AGENDA 1 BID NAME 16 FT DIESEL RIDING Agenda No.~ GOLDTIM'A1TE'S NF.FF NIOti'ER OF INUCSTRIES Agenj Ip (OPEN DATE - - APRIL 2, 1996 TEXAS Dale N J QTY DESCRIPTION VENDOR VENDOR VEN'DOR..VEN VENDOR VENDOR . I. I 16 F7 DIESEL RIDING C1fON'ER ~ ICI LOO IIP CAB, AC AIR RIDE SEAT 552,380M 318,141.00 1 17 i BIOS ~ f WARRANTY IN FIONTRSOR 24 %IOS. UNLIMITED OPERATIONS FLOURS 1500 HRS IIRS. DELIVERY IN DAY' AFTER I 'I RECEIPT OF ORDER 15.30 DAYS 45_D,\!'S __j. - 3058D_- ! HOWARD - - - MFG TORO PRICE I TURF AIODEL GROUNUSNt%STER HYDRO 180 II I I I I f I, i Agenda No. %-017 Agenda Item ORDINANCE NO. Date_ AN ORDINANCE AMENDING ORDINANCE 495-217 RELATING TO THE APPROVAL OF AN EMERGENCY PURCHASE ORDER 460838 TO SIEMENS POWER CORPORATION 1.0 PROVIDE FOR REPAIRS TO TURBINE UNIT 45 TO PROVIDE FOR ADDITIONAL EMERGENCY REPAIRS FOR TURBINE UNIT #5; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on November 7, 1995 authorized the emergency purchase of repairs to Unit 45 Steam Turbine from Siemens Power Corporation per Ordinance #95-217; and WHEREAS, the City desire to purchase additional emergency repairs to Unit 45 Steam Turbine and Siemens Power Corporation is agreeable to sell additional repairs; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance 495-217 is hereby amended to provide for additional emergency repairs to Unit #5 Steam Turbine. SECTION 11. That Purchase Order #60838 is hereby amended to provide for additional compensation of $65,454.00 payable to Siemens Power Corporation under this ordinance. SECTION III. That the funds for this amendment are to be expended from the Electric Utility funds approved by the City Council in the 1995-96 Budget. ` SECTION IV. That this ordinance shall become effective immediately upon it passage and approval. PASSED AND APPROVED THIS DAY OF 1996. BOB CASTLEBI?RRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AMEND.ORD DATE': APRIL 16, 1996 Y~ CITY COUNCIL REPORT Agenda No. 1 Agenda - l n TO: Mayor and Members of the City Council Date FROM: Rick Svehla, Acting City Manager SUBJECT: PURCHASE, ORDER #60838 - SIEMENS PONN'ER CORPORATION ORDINANCE #95-217 E f c 0201ENDATION: We recomm:nd purchase order #60838 to Siemens Power Corporation and Ordinance 995-217 be revised to indicate an increase of $65,454.00 for a total amount of $135,454.00. SUMMARY: Purchase Order #60838 to Siemans Power Corporation was approved by Council on November 7, 1995, in the amount $70,000.00 for emergency repairs to Unit #5 Steam Turbine. See Ordinance #95-217. The original $70,000.00 funded known problems and some miscellaneous contingency for unknown problems as inspection continued. When the machine was opened and the steam path exposed additional damage was identified. Significant increases involved the turbine control valves, stationary diaph-agms, bushing removal, bolt hole repair and other repairs discovered as work progressed. BACKGROUND: Purchase Order #60838 to Siemens Power, Ordinance 495-217 and Memorandum from Jim Thune, Manager Electric Production Division. PROGRAMS, DEPARTMENTS.OR GROUPS AFFECTED: Electric Production Division, Denton Municipal Utility. FISCAL IMPACT: This increase in finding will come from 1995.96 budget funds for maintenance to generating equipment; account #610.101-1011-5130-8339. Respectfully submitted: tck Svehla Acting City Manager Approved: ~4:-z Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 727.AGENDA i i THIS IS A PURCHASE ORDER N0: 60838 CONFIRMING ORDER This number must appear on all . (IF MARKED) invokes. delivery slips, Cases, DO NOT DUPLICATE ctns„ boxes, packing slips and bills, Date: 04 02 96 Page No. 01 Reg. No: Bid No: CITY OF DENTON TEXAS PURCHASING DIVISION / 901-B TEXAS STREET / DENTON, TEXAS 76201-4354 8171383-7100 DIFW METRO 8171267-0042 FAX 8171383-7302 VENDOR SIEMENS POWER C-jRP NAME/ 1040 SOUTH 70TH STREET DELIVERY CENTRAL RECEIVING SOS ADDRESS ELECTRIC PROD (STEAM PLANT) ADDRESS 1701 A SPENCER RD. MILWAUKEE WI 53214 nli!5 DENTON, TX 76205 OTTO CHRISTIANSON VENDOR NO. SIE48002 DELIVERY QUOTED 04 25 96 FOB DESTINATION BUYER TS TERMS LINE QUANTITY UNIT DESCRIP ION LMT PRICE ' 001 76936.00 EA VENDOR CAT. # N / A MFG NAME 1.000 76,936.00 CITY # 82092 RECONDITIONING / REPAIRS TO HP DIAPHRAGMS 002 58518.00 EA VENDOR CAT. # N / A MFG NAME 1.000 58,518.00 CITY # 62092 MISCELLANEOUS TURBINE REPAIR EMERGENCY REPAIRS TO UNIT FIVE STEAM TURBINE DIAPHRAGMS I ANN& O P .GE TOTAL 135,454.001 Ef~ GR ND TOTAL 135,454.00i ! ° 135,454.00 01 610 101 1011 5130 8339 ~ A v m a° $ o VENDOR INSTRUCTIONS: 3 Terms - Net 30 w^•: n.el 1. Send original invoice with duplicate COPY. 1. Shipping instructions FOB, Oestinanon prepaid Njow .n..,........~•aI I Bill to - Accounts Payable 5. No federal or state sales tai; shall be included Purchasing Division 215 E. McKinney St in prices billed. Oenton, Tx 76201.1299 PURCHASING I Agenda No. AC11da It Date ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health or safety of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CIT1 OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchasES of materials, equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 60838 SIEMENS POWER CORPORATION $70,000.00 60839 GENERAL ELECTRIC COMPANY $40,500.00 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. L Agenda No, 9 ` Agenda e Date SECTIII, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: lt' i Agenda No. I& #4 Agend I em Date- Ift Denton Municipal Utilities - Spenc er Stan i ` G on 1701 A Spencer Road Denton, Texas 7'205 • (817 383 - 7551 • fax; (817) 383 - 7555 March 26, 1996 Tom Shaw Purchasing Agent City of Denton Dear Tom: Summary: This letter is in support of the attached requisition concerning a change order to purchase order 60838. The original order funded emergency repairs performed while the Unit Five turbine generator was disassembled for inspection. The an3ount was estimated based on the progress of the outage and anticipated repairs. This change order hinds the final amounts due Siemens. Background: Unit Five turbine generator was inspected under contract with Siemens Power Corporation. The original contract funded known work and some miscellaneous contingency. When the machine was opened and the steam path was exposed, damage beyond the original work scope was identified. Due to the inherent expense of opening a large steam turbine, damage found at the time of inspection is most efficiently repaired at that time. Since the original order was not sufficiently funded to cover the additional expense, a new order was established to fund contingency repairs that were known at the time. Through the course of the inspection, other damage was identified and additional repairs were executed. A significant increase involved the turbine control valves. Due to excessive clearance, valve stem bushings required re- sizing. Originally we planned to bore the bushings oversize and adjust clearance with ne%v stems. The hardsurface nitriding on the bushing bores did not accommodate oversizing. Rather the bushings had to be removed from the valve bonnets, align bored, nitrided and re installed. This task alone totaled $25,800.00. Other expenses involved on site labor to repair a bolt hole for the 1st stage nozzle securement, weld repair the horizontal joint surface of the 1.P Agenda No. 9 • Tom Shaw Agenda item Page 2 Date- March 26, 1996 i turbine near the 14th stage, considerable repair to the stationary diaphragms including partition section repair, new spill strips and repair of the packing hook fit registers. The outage length also exceeded original plans. Technical service fees supplied by Siemens under the original contract had to be increased $14,000.00 due to the outage duration. All of these factors accumulated costs exceeding the original order. Financial Impact: Original purchase order 60838 totaled $70,000.00 Change order request amount totals $65,454.00 New Purchase order total $135,454.00 Please place this matter on the consent agenda at your earliest convenience and let me know if you have any questions or if I may be of any further assistance in preparation of this matter. Thank you, une Manager, Electric Production Division Approval: Bob Nelson, Executive Director Utilities cc: Sharon Mays, Director Electric Utilities file - P060838 Agenda No._ 96 -017 Agenda Item Date ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND DENTONLCOMMUNITYHOSPITAL PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on 12.19:95, the City awarded a contract for RFSPI 1810 - OCCUPATIONAL HEALTRNURSE in the amount of $23,404.00_ for 20 hours per -week services; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract %vith 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 ORDAMS: SECTION1 That the change order increasing the amount of the contract between the City and DENTON-COMMUNITY_HOSPITAL copy of which is attached hereto, in the amount of TWENTY-ONE THOUSAND FOURHUNDRED EIGHTY and no/100-•• Dollars ($21,480.04), is hereby approved and the expenditure of funds therefor is hereby authorized. The contract amount is amended to read $52,680.00 for 40 hours per week services through December 31, 1996. SECTIONIL That this ordinance shall become 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: HEBERT L. PROUTY, CITY ATTORNEY BY: DATE: APRIL 9L Q' Agenda No, -V^~ CITY _COUNCIL REPORT Agtnd~I em TO: Mayor and Members of the City Council Dale ~ - FROM: Rick Svehla, Acting City Manager SUBJECT: CHANCE ORDER #1 TO R.F.S.P. #1810 - OCCUPATIONAL HEALTH NUI'SE SERVICES REC03OH DATION. We recommend that the contract for Occupational Health Nurse Services be revised to expand the Occupational Health Nurse Services from twenty (20) hours per week to forty (40) hours per week beginning April 17, 1996. SUMMARY: The ordinance authorizing the implementation of an Occupational Health Nurse (OHN) was approved on December 19, 1995 for 20 hours per week for a total expenditure of $23, 400.00 for the first year. This change order would authorize an increase of the hours to forty (40) per week and the amount to $52,680.00. BACKGROUND; Memorandum from Max Blackburn, Risk Manager, Change Order 41. PROGRAMS, -DEPARTMENTS __ORSROIIPS_AFFECTED. Risk Management, Human Resources, and Employees of Denton. FISCALIMPACT. Funds for this revision will come from the Risk Retention Funds. Respectfully submitted: Rick Svehla Acting City Manager App oved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 728.AQENDA I AllenJ(Mn S tnDa IlSt CITY of DENTON; TEXAS MUNICIPAL BUILDING • 215 E McKINNEY • DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: April 10, 1996 SUBJECT: EXPANSION OF THE OCCUPATIONAL HEALTH NURSE SERVICES CONTRACT (RFSP #1810) RECOMMENDATION: We recommend that the contract previously awarded to Denton Community Hospital for OHN Services be expanded from twenty (20) hours per week to forty (40) hours per week beginning on April 17, 1996. DISCUSSION: During the fiscal year 1995-1996 budget deliberations by the City staff, the decision was made to ask the City Council for approval to award a professional services contract for a part-time Occupational Health Nurse (OHN). Funding for the twenty-hour per week contract would be provided from tho Risk Retention Fund. Council approved the contract award to Denton Community Hospital in December, 1995. In the first three months of 1996, the Occupational Health Nurse (OHN) has worked twenty hours per week for the City, primarily on Monday, Wednesday, and one-half day on Thursday. She is now administering the City's Drug and Alcohol Testing program, coordinating Employee Wellness Program activities, and screening new employees for job suitability. She has also been able to devote some hours to Workers' Compensation case management and ergonomics training. Even under the present time constraints, she has: identified a potential new hire who was physically unsuited for a vacant position; evaluated a repetitive stress injury and determined it was not work-related; provided guidance to four other employees in early stages of cumulative trauma; and provided input on medical claims in a lawsuit against the City. Cost avoidance of these few examples far exceed the total yearly cost of the contract. Unfortunately, further use of her abilities has been severely limited because of the lack of available hours. "Dedicated to Quality Sen ice" I Page 2 Agenda No. 0 m - Apend~ly" ~Ve~% Dale It is our goal to establish an Occupational Health Clinic where the OHN can screen work-related injuries, provide first aid treatment, refer employees to appropriate medical providers, and give tetanus, hepatitis, rabies, and flu shots. All of these functions are currently provided at a doctor's office at substantially higher costs than at a City operated clinic. We further anticipate that expanded training, early intervention in back and upper extremity injuries and expanded case management will significantly reduce workers' compensation costs. SUMMARY: It is the City staff's conclusion that an expansion of OHN hours, establishment of an Occupational Health Clinic and an increase in training and injury management will more than offset the cost of the expanded contract. FISCAL IMPACT: The current OHN contract is on a calendar year basis, thereby spanning two fiscal years. If approved, additional expense for budget year 1995.96 would be $13,920. Cost for the last three months of 1996 would be $7,560. Total cost to expand the current contract, as recommended, is $21,480. All costs associated with the contract change order and the establishment of the Occupational Health Clinic will be paid from the Risk Retention Fund. Respectfully submitted: 1ck Svehla Acting City Manager Prepared by: Max Blackburn Risk Manager Approved by: ~4 1 Kat D ose Executive Director of Finance AFF01148 i DENTON COMMUNITY HOSPI ID:817-898-7071 RPR 10'96 9:18 No.001 P.02 Agenda.N CfiANG pRD~R~CONTli4cw Anea m s L:2TX VY' VLN'1'VIY~ 'L'fi;?{AS Datep >~R al~7k~IE3VTEp TO. OWNER CONTRACTOR /XX7 p' 0' tCHANC E ORDER ational Health NursiDATCDr gAr1117lgg6 R; OentooRmunity NCSDital c utvahat.i DATE: December _1945 207 North Bonnie Brae Denton, TX 76201 F THIS CHANCE ORDER/REVISION MAKES THE FOLLOWING CHANG g6 IN THIS CONTRACT. Increases the number of working hours available for the OCCUpational Health Nurse from twenty (20) hours per week to forty (40) hours per weak for the remainder oT the term OT the contract which ends on December 31, 1996. The change order is effective as of April 17, 1996. rTTHHE ORIGINAL (r.nNrRAr•,r SLIM) . , , , , , ET CHANGE BY PREVICUSLY AUTHORIZED CHANGE E (CONTRACT SUM) PRIOR TO THIS CHANGE ORDER,. Hit (CONTRACT SUN) WILL BE (INCREASED) BY THIS CHANGER ORDER,,,,,,,,,,,,,,,, ~ 21,460 TIJL NFW (CONTRACT 3UMl INCLUDING TI1IS C1,iA,NGE THEECONTRACTETIME•WILLOr (INCRLASED)•BY.52 68 THE D:TE OF SUBSTANTIAL COMPLETION AS' OF THE DATE OF Tn:$ CHAVOr ORDER T;,F.R[roRE Ig12-31-96 Demon Coornu'tity Hospital CONTRACTOR (as above) OWNERLIL of ueatoa 207 North $unnlr $rer ADDRESS 901-A Texas St Denton, 7X 76201 ADDRESS _____~tnton, Tx 7b201 SIGNATURE SIGNATURE DAiaTek D*/0 NAME PRINT NAME an TITLE DATE u~~.ooc VATfi - { t Agenda No. CIG- 0 f 7 OEp Agenda Item C E O Date CITY )tb OF DENTON, TEXAS DEPARTMENT OF POLICE ME All0RANDU,N1 TO: Rick Svehla, Acting City Manager FROM: Michael W. Jez, Executive Director of Public Safety DATE: March 28, 1996 SUBJECT: Position Classification Ordinance Amendment As a result of the pending criminal action toward Sergeant L.B. Jameson, I am requesting an amendment to the Police Departments current classification ordinance. Currently and until such time that Jameson's employment status can be finally determined, 1 would request the addition of one (1) position in the classification of Sergeant. The amendment will allow for the appointment/promotion of Officer Scott Fletcher to the rank of Sergeant. Simply stated, this ordinance is required as a matter of technical compliance with Section 143 of the Local Government Code and will not impose any additional funding. The purpose of this memo is just to let you know that the requested ordinance will be placed on the Council Agenda in the very near future. Should you have any questions, please let me know. 1i ae . Jeezz, 601 E. HICKORY STREET SUITE E DENTON,TEXAS 76205 DUTY OFFICER (817) 566.8181 FAX (817) 383.7966 s:`police.or3 Agenda MD. 9410 Agenda it m Date ORDINANCE N0. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE EXTENT OF ' ANY SUCH CONFLICT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I,. That the schedule prescribing the number of positions for each classification of police officer in the City of Denton, attached hereto and incorporated by reference herein as Exhibit "A", is hereby approved. SECTION II. That all prior ordinances or resolutions of the City of Denton, Texas, in conflict herewith are 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 1996. BOB CASTLESERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRcTARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • -4 C 1 F A Qan031e. a.-N EXHIBIT A CITY OF DENTON POLICE DEPARTMENT SCHEDULE OF AUTHORIZED POSITIONS The Police Department is authorized 112 positions as follows: Chief of Police 1 Assistant Chief of Police 1 Captain 2 Lieutenant 7 Sergeant 13 Police officer (and Recruits) 88 Agenda No._ q~ ~0J7 Agenda Item -l, -910 CITY COUNCIL REPORT FORMAT Date DATE: March 28, 1996 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: Agreement with TXDOT for furnishing and installing traffic signals (Eagle Drive and Bernard intersection) RECOMMENDATION: Approve ordinance authorizing the City Manager to execute an agreement betwwen the City of Denton and the Texas Department of Transportation GARY/BACKGROUND: The Texas Department of Transportation through the North Central Texas Council of Governments will reimburse the City for the cost of the equipment and the labor for the installation of traffic signal at the intersection of Eagle Drive and Bernard street. The Engineering/Transportation Department has made application to fund various projects through the Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA"). Sheet 1 and 2 of 9 of the attached agreement gives the specific acts establishing the programs which will provide funds for the listed projects. The City's traffic and electric crews will construct the projects. Once completed, an actual construction cost of materials and labor will be submitted for reimbtirsement as detailed in the agreement. PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED: Congestion Mitigation and Air Quality Improvements program (CNAQ), Engineering/Transportation Department and general public FISCAL IMPACT: Perpetual maintenance and utility (electric power) cost associated with the operation of the traffic signal and interconnect system are existing. These programs should reduce delay and increase efficiency saving thousands of dollars. RE ECT SUB E R c ve a Acting City Manager Prepared/Approved by: Jer y C ar c Di c or of ngineering & Transportation AEE00605 J:\WD0CS\0RD\TRAFF1C.0RD A Aynnoe Na'! + Agenda Date !t_ - G ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Congestion Mitigation and Air Quality Improvements Agreement between the City of Denton and the Texas Department of Transportation for the furnishing and installing of traffic signals by a municipality and the City is authorized to participate in the development and construction of the project as set forth in the Agreement, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Council hereby authorizes the expenditure of funds as provided in the Agreement. SECTION III. That this ordinance 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,,JCCI1TY ATTORNEY ~ BY: Agenda No _ Agend Item Dale ° n Agreement No. STATE OF TEXAS § COUNTY OF TRAVIS § CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT AGREEMENT FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY TIIIS AGREEMENT, is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State" and the North Central Texas Council of Governments, a Metropolitan Planning Organization, chartered under the laws of the State of Texas, acting by and through the city of Denton , Denton County, Texas, hereinafter called the "City", acting by and through its duly authorized officers. WIINESSEIH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101 est seq., establishes the National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134 establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State; and WHEREAS, Title 23 U.S.C. Section 120 establishes the Federal share of funding for CMAQ programs involving the procurement and installation of traffic signals as defined elsewhere in this agreement; and WHEREAS, the State is empowered under existing laws to operate and maintain a system of highways and roadways for public use and benefit; and WHEREAS, The City has requested the State to reimburse the Federal allowable percentage of the cost CMAQ,FED 1-95 CJTY FORCES 100% Sheet 1 of 9 II Adrnda ND.. Agenda t m Date of installing traffic signals and other items directly related to the operation of an intersection at the intersections established herein, hereinafter called the "Project"; and WHEREAS, the Project has been designated as a federal-aid project and thus this agreement shall be made in accordance with Federal Highway Administration (FHWA) procedures and regulations; and WHEREAS, the City has offered to participate in the development and construction of the Project as defined elsewhere in this agreement; and WHEREAS, on this _ day of 19 , the City Council passed Resolution/Ordinance No. attached hereto and identified as Exhibit "E", authorizing the City's participation in the development and construction of the Project; and WHEREAS, the State will secure the federal cost share, and reimburse the City for their appropriate cost associated with the project as defined elsewhere in this agreement, and WHEREAS, on the 29th day of-July 19 23 the Texas Transportation Commission passed Minute Order 102542 authorizing the Project through the State Transportation Improvement Program; and WHEREAS, the State and the City are authorized under Article 6673b, V.T.C.S. to enter into this agreement for the purposes defined herein; AQ9EEMENI i NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: ARTICLE 1. CONTRACT PERIOD This agreement becomes effective on final execution by the State and shall remain in effect as long as said traffic signal(s) is/are in operation at the described location(s) and the signal Project is incomplete, or unless otherwise terminated or modified as hereinafter provided. ARTICLE 2. WARRANTING DATA The City will be responsible for collecting and preparing the required warranting and justification data for each signalized intersection. The data will be furnished to the State in a format approved by the State. Only those CMAQ FED 1-95 CITY FORCES 100% Sheet 2 of 9 7 AQenQa Mo,._ ~ Agenda It M Date_ w intersections that are warranted and approved by the State will be eligible for signalization under this agreement. ARTICLE 3. INTERSECTION LOCATIONS A. All State-approved intersections which are included as part of the "On State Highway System" will be acknowledged in Exhibit "A", attached hereto and made a part of this agreement. B. All State-approved intersections which are "Off State Highway System" will be acknowledged in Exhibit "B", attached hereto and made a pact of this agreement. ARTICLE 4. CONSTRUCTION RESPONSIBILITIES A. The plans associated with the construction of the traffic signals will be developed by the City, unless noted otherwise in paragraph "C" below. The construction plans, which will require final approval by the State, shall be prepared in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). B. The City will construct the project with City forces in accordance with the plans and the TMUTCD. Any variations will be noted in paragraph "C" below. C. Variations: NONE ARTICLE S. INSPECTION OF WORK A. The State will make suitable, frequent, and complete inspection of all materials, and equipment, and the work of installation to determine and permit certification that the Project and its components meet all applicable requirements of the plans and specifications in suitable condition for operation and maintenance by the City after its completion. B. The City shall provide opportunities, facilities and representative samples, as may be required, to enable the State to carry on suitable, frequent, and complete inspection of all materials, and application methods, sufficient to afford determination and certification by the State that all parts of the installation and the component materials comply with the requirements of the approved plans and specifications. The State will promptly notify the City of any failure of materials, equipment or installation methods, and the City shall take such measures as necessary to obtain acceptable systems components and installation procedures without delay. CMAQ,FED 1.95 CITY FORCES 100% Sheet 3 of 9 r AgendAle Agend` Date- ARTI CLE 6. PERSONNEL, EQUIPMENT AND MATERIAL A. The City shall use labor and supervisory personnel employed directly by the City, and use City-owned machinery, equipment, and vehicles necessary for the work. In the event that the City does not have the necessary machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or ]eased as necessary at the low bid price submitted by at least two approved bidders. B. Reimbursement for the use of materials purchased by other than competitive bid procedures will be made only if such procedures are shown to be in the public interest and provided the State shall have given prior approval for the use of said materials. All materials used for the work shall be new and undepreciated. ARTICLE 7. COMPENSATION A. The maximum amount under this agreement without modification is S 47,329.90 A cost estimate of the work authorized for each intersection listed in Exhibits "A" and "B" shall be provided in Exhibit "C", attached hereto and made a part of this agreement. B. The State will reimburse the City the cost of furnishing and installing the traffic signal equipment according to the location and manner of construction as shown and described in the plans and specifications. The State will reimburse the City for up to 100_°.0 of the allowable costs for the locations described in Exhibit "A". The State will reimburse the City for up to _72_%o of the allowable costs for those locations described in Exhibit "B". It is estimated that the cost of construction inspection will be __L_% of the project construction costs. C. The State will reimburse the City for properly supported costs incurred under the terms and conditions of this agreement. Costs incurred prior to the issuance of a written "Work Order" by the State will not be reimbursed except for materials already on hand. Reimbursement will be made by the State to the City for labor, equipment use, materials, supplies, travel expenses, and warehouse or material handling charges provided the City has paid from City funds their obligations covering items of costs previously billed. D. The City shall comply with the cost principles established in O-NIB Circular A-87, "Cost Principles for State and Local Governments". ARTICLE 8. PAYMENTS A. The City shall submit the State's Form 132, Billing Statement, or other type of invoice acceptable to the State upon completion and final inspection of the Project (or on a quarterly basis wherever the work and materials provided for and contemplated under this contract have been found by the State, based upon an inspection made CMAQ.FED 1.95 CITY FORCES 100"/0 Sheet 4 of 9 I p~Enda NO • ~1"l Ageada Item Date _ V ` ito by the State to be satisfactorily completed and installed on any individual signalized intersection and/or section of roadway as approved by the State for partial acceptance by letter) for the work and/or equipment which has been accepted by the State. B. An original and four (4) copies of the Billing Statement should be submitted to the following address: Texas Dgpartmgnt of Trancpo~ Attn : Dir ctor of TrancAortat_ 'on~rat PO Box 3067 Dallas. TX 7522E.~067 C. All billing statements shall be properly documented, summarizing the costs by description of work performed, quantity of materials and devices, unit price, labor costs, and extensions. D. The State will make payment to the City within thirty (30) days from receipt of the City's request for payment, provided that the request is properly prepared, executed, and documented. E. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. If applicable or necessary the State will prepare a final audit upon completion of the work authorized or at any time an audit is deemed to be in the best interest of the State. ARTICLE 9. TERMINATION This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State giving written notice to the City as a consequence of failure by the City to perform the services and obligations set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the City. (3) By either party, upon thirty (30) days written notice to the other. ARTICLE 10. INDEMNIFICATION The City acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own acts and deeds and for those of its agents or employees during the performance of contract work. ARTICLE 11. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the agreement, and any increased cost arising from the City's default, breach of contract, or violation of terms shall be paid by the City. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies CMAQ:FED CITY FORCES 100% I.95 Sheet 5 of 9 Agenda No. A'oood I M Dale existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 12. DISPUTES Should disputes arise as to responsibilities and obligations as set forth in this agreement, the State's decision shall be final and binding. ARTICLE 13. SUBLETTING The City shall not sublet or transfer any portion of its responsibilities and obligations under this agreement unless specifically authorized in writing by the State. In the event subcontracts are entered into by the City, the subcontractors must adhere to the provisions of this agreement. ARTICLE 14. AMENDMENTS Changes in the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both parties. ARTICLE 15. INSURANCE (Mark out the following paragraph that is not applicable) Al 0 B. Self Insured Prior to the City performing any work on this Project, the City shall furnish to the State a completed Certification of Insurance (Form 20.102, latest version) and shall maintain its self-insurance program in full force and effect as long as this Project lasts. The State understands that the City is a self insured entity for public liability purposes. ARTICLE 16. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the State. ARTICLE 17. INSPECTION OF CITY'S BOOKS AND RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed and/or materials furnished by the City CMAQ FED 1-95 CITY FORCES 10016 Sheet 6 of 9 f Aye+lda No. Agend tem _ Date te • at the time of contract termination, The City shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this contract and shall make Such materials available to the State, Federal Ifighway Administration (FHNVA) or its duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of final payment under this contract or until impending litigation is resolved. Additionally, the State, FH1YA and its duly authorized representatives shall have access to all records of the City which are directly applicable to this contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 18. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 19. GOVERNING LAWS AND VENUE This agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties obligations under this agreement must be filed in Travis County, Texas. ARTICLE 20. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. ARTICLE 21. OMB A-128 AUDIT REQUIREMENTS The City shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of O.'N413 Circular No. A. 128. ARTICLE 22. PROCUREMENT STANDARDS The City shall adhere to the procurement standards set forth in Title 49 CFF, Part 18.32. ARTICLE 23. PROPERTY MANAGEMENT STANDARDS The City shall adhere to the property management standards set forth in Title 49 CFR, Part 18.36. ARTICLE 24. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the C% AQ.FED CITY FORCES 100% I -95 Sheet 7 of 9 r H;;cnda Flo / ~ Agenda I Oatt • agreement, including without limitation worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws, permits and regulations, When required, the City shall furnish the State with satisfactory proof of compliance. ARTICLE 25. CIVIL RIGHTS COMPLIANCE The City shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405 (B)); also Executive Order 11246 titled "Equal Employment Opportunity", as amended by Executive Order 11375 and as a supplemented in the Department of Labor regulations (41 CFR 60). ARTICLE 26. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS The City agrees to comply with the requirements set forth in Exhibit "D", "Minority Business Enterprise Program Requirements". ARTICLE 27. DEBARMENT CERTIFICATIONS (APPLICABLE TO AGREEMENTS WHICH EXCEED $100,000) The City is prohibited fror.i making any award Lt any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The City shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. ARTICLE 28. TIME FRAME The construction of the improvements in this contract shall be completed and operational by the 31 s t day of December 19 96 CMAQ.FED CITY i ORrES 100% I.95 Sheet 8 -f 9 t Agenda No. • J Agenda It m Oate_ IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of the agreement. THE STATE OF TEXAS The City of. _ Denton Executed for the Executive Director and approved By: for the Texas Transportation Commission under the (Name) Authority of Minute Order 100002 and Administrative Circular 26-93, for the purpose and effect of activating and/or carrying out the orders, (Title) established policies or work programs by the Texas Transportation Commission. (Date) APPROVED: ATTEST: By: Dallas Distict Engineer City Secretary APPROVED AS TO LEGAL FORM: Date: HERBERT L. PROUTY, CITY ATTORNEY BY: CMAQ FED CITY FORCES 100% 1.95 Sheet 9 of 9 Agenda N Agenda I ern ~shibit nAn flue NONE on system locations ~I t Agenda No, Exhibit *IB" Agenda Date Control: 918-46 MPO 01044 Eagle Drive and Bernard Street off system locations Agenda No. 7 • Exhibit uCu Agend em Gate • TRAFFIC SIGNAL INSTALLATION BERNARD AT EAGLE DRIVE Description Quanity Cost/Quanity Total Coat Signal Equipment SC3000 Controller 3 Cabinet 1 7,000.00 71000.00 Pull Box 6 160.00 760.00 Pole Riser t0 35.00 350.00 Loops 6' x 30' 8 500.00 41000.00 4-Channel Power Supply 1 275.00 276,00 4-Channel Detector Cards 3 800.00 2,400.00 Loop Sealant 3-M 6 190.00 800.00 3-SECTION SIGNAL HEAD 8 200.00 11900.00 6-SECTION SIGNAL HEAD 2 300.00 600.00 Pedestrian Heads 6 150.00 900.00 Pedestdan Statlon1sign 8 60.00 300.00 Saddle Mount Span Wire Assy 10 76.00 750.00 Cable Misc. Electrical Connectors 1 200.00 200.00 If Conductor 12 AWG 2000 1.50 3,000.00 L , p wire 2000 0.25 600.90 Home Run Cable 1000 0.60 600.00 Concrete Work Cabinet Base 1 350.00 350.00 Signs Misc. Concrete Work 1 6,000.00 6,000.00 Street Signs with Hardware 4 76.90 300.00 Pre-emptlon Optical Detector/Brackets 2 350.00 700.00 Card Rack 1 176.00 176.00 4 Channel Optical Card 1 300.00 300.00 Electric Distribution Install Wood Poles 4 2,000.00 81000.00 Install Span for Signal 1 1,500.0 1,500.00 Traffic Personnel (Labor) Traffic Signal Tech. (4) 300 13.00 3,900.00 Traffic Supervisor 20 18,12 38240 Director 10 33.00 330.00 Pavament Markings Paint (6 Gallons) 2 0.00 Markers Yellow Reflector 100 1.00 100.00 Buttons 100 0.50 60.00 Traffic Personnel (Labor) Traffic Maintenance Appr. 37.5 9.00 337.50 - TOTAL 45,329.90 L AgeANo, ' AQenData • Ex hibit "D" SPECIAL PROVISION MINORITY BUSINESS ENTERPRISE REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFF. Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows. The City agrees to ensure that Minority Business Enterprises, as defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to ensure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The City and any of its subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. i Agenda No. CITY COUNCIL REPORT FORMAT Agenda Item Date, - DATE: April 16, 1996 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Proposed Street Name Change - Underwood Road RECOMMENDATION: The Development Review Committee and Planning & Zoning Commission recommends approval. SUMMARY/ BACKGROUND There are two "Underwoods" within the Denton city limits. Avionics International Supply, Inc. are in the process of locating at the Denton Municipal Airport and will require an "Underwood" address. It would be expediant to change the name now in order to mitigate any future locational problems that might occur. At this time we are proposing only to change the name to that section of road that lies within the city limits to Westcourt Road. The other section of Underwood Road that lies within the unincorporated section of Denton County, south of Springside, will remain unchanged. This section of Underwood Road is offset from the northern section and will not pose any major problems to service entities. If and when the City of Denton annexes this southern section of Underwood Road, then the name will be changed in conjunction with the annexatiot.. PROGRAMS. DEPARTMENTS, OR GROUPS AFFECTED: Engineering & Transportation Department, Avionics International Supply Inc. FISCAL IMPACT: None Resp fu ly Subm'tted: Rick Svehla Acting City Manager Prepared by: Paul Williamson Engineering Tech II Approved by: J rr C1ar1 D ctor o Engineering & Transportation cctep2.wpd C:\LPDOCS\ORD\RENAME.UND Agenda No. Agenda i e - Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF UNDERWOOD ROAD TO WESTCOURT ROAD; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-L._ That the street officially designated as Underwood Road, being a public street connecting Airport Road to Springside Road as illustrated in the attached Exhibit "A", which is incorpo- rated and made a part hereof, is renamed to Westcourt Road. SECTION II. That the Director of Planning and Development is directed to amend the official map of the City of Denton to reflect the change in the street name as provided herein. SECTION III. That this ordinance shall become 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. PROUTY, CITY ATTORNEY BY: If /Lfitti EXHIBIT "A" gVA b, 44 end it I i p o I I !!I I ' 1 A I ,41 ORMAl pt0 VA i II 1 1 L- ` D rx We AVOW MAO 1 ft / t DENTON an wti 1 I L Rename this section of rood "Westcourt Road' S O.V NO SCALE LOCATION MAP CITY OF DEMON, TE W 3-4-% i MMTES Ages PLANNING AND ZONING COMMISSION Afle d March 27, 1996 Date_ Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, March 27, 1996, and began at 5:00 p.m. in the City Council Chambers, 215 E, McKinney. Present: Mike Cochran, Katie Flemming, Guy )ones, Rudy Moreno, Bob Powell, Ellen Schertz, and Barbara Russell. Present from Staff. Frank Robbins, Director of Planning and Development; Jerry Drake, Assistant City Attorney; Owen Yost, Urban Planner; Walter Reeves, Urban Planner; David Salmon, Senior Civil Engineer; Kathy DuBose, Executive Director of Finance, Ion Fortune, Chief Finance Officer; Leanne Bunselmeyer, Administrative Assistant; and Chris Rodriguez, Secretary. Meeting called to order at 5:03 p.m. L Consider approval of the minutes of the February 28, 1996 and the March 13, 1996 meetings. Ms. Russell: Are there any corrections to the minutes? Mr. Cochran: On page 16 there is a comment that I made that mentions the word "stupid" and I would like to insert quotation marks around that since I intended it ironically. My intent was to say that a person has a right to say anything they want to up here whether it is smart or "stupid". You had to be here to see the big smile on my face when I said it. Ms. Russell: Any other corrections? Seeing none the minutes will stand approved as corrected. EL Consider the street name change of Underwood Road to Westcourt Road. Mr. Salmon: In 1969 when the city annexed property out by the airport the city had two Underwood Roads. The original one was in the city 'bn ils over by the University by Avenue A, and the second Underwood Road runs along the east side of the Denton Municipal Airport. Normally when this occurs the city tries to make these name changes around the same time as the annexation, but that didn't happen. It has never really caused a problem simply because there is not much out there on Underwood Road right now. About five years ago, when we started assigning street number addresses to all property for the 911 system, this issue did come up but it died for lack of interest. We are looking at it again because we have the Avionics Corporation building a business on Underwood Road next to the airport and they have requested an Underwood Road address. We decided that we need to get the road name changed now and not let it go any further. This went to the Historic Landmark Commission and through those proceedings the name Westcourt was thought to be an appropriate name. It is after a Dr. Fred Westcourt wh,, was a professor at Texas Woman's University from 1925 to 1960 and from what we understand he did live out here on this road. Staff, as well as the Historic Landmark Commission, feels tha, Westcourt is an appropriate name for this road and that we do need to change it. Mr. Moreno: Why wouldn't we go ahead and rename that other section as well? Mr. Salmon: The southern portion is currently outside of the c ry limits so we don't have control P&Z Minutes agenAejj%j March 27, 1996 Page 2 AgenDate over the name of that street, but we would do that when and if we annexed that property. Mr. Powell: I move that we recommend to the City Council the name change of this street to Westcourt Road. Mr. Cochran: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) Ms. Flemming arrived at 5:12 p.m. M. Auto Zone located on the north side of the intersection of Dallas Drive and Cook Street, a. Hold a public hearing and consider a request to rezone 0.9485 acres from the Single Family 7 (SF-7) zoning district to the Commercial (C) zoning district and the Multi- Family I (MI`-1) zoning district. Z-96-009 Ms. Russell read the rules of procedure for the public hearing and opened the public hearing. Mr. Reeves: This is a rezoning of9.382 acres from the Single Family 7 zoning district to the Commercial zoning district and .0103 acres from the Single Family 7 zoning district to the Multi- Family I zoning district. Basically there was an error on our map and it showed this property as being Commercially zoned. When we checked to make sure that the property was zoned Commercial we found that it was zoned Single Family 7. The applicant in this case is Auto Zone and they were somewhat upset to find that it was not Commercially zoned. We mailed out twenty- four notices and we did not receive any replies. We held a neighborhood meeting on the 21st and there were five people there, one of those being Councilman Young The people that did come expressed concern that they thought the property was being rezoned for multi-family use. When it was explained that wasn't the case then there wasn't a problem. Staff is recommending approval of this rezoning request as presented, Mr. Cochran: There is a large open section that goes back a ways, I can't tell from this map where that open section stops. Mr. Reeves: It is vacant all the way back to where this house is and there is a lot that has a fence. Ms. Russell: Would the petitioner care to speak? Mr. Robert Rayner: My name is Robert Rayn,, and my office is at 1108 Dallas Drive, Suite 310. Mr. Belcher is doing the zoning on this property simply to clarify a mistake that was made many years ago. As far as the fence that you are talking about, there is a wood fence that backs up to that house that belongs to Mr. Standbury. We went and visited him because he couldn't make the neighborhood meeting. We are having the property zoned so we can put an auto parts store there. 1 think that it was good to have the Councilman for that area present at the neighborhood meeting It does help the neighbors to we that the city really does care about what is going on. a. Historic Landmark Commission Minutes for March 11, 1996 c,Y Page 2 of 5 Aga N /wagni, JII. Hold a public hearing and consider changing the name of Un~erw.oLOd Road to Westcourt Place. Paul Williamson: We brought this item to you back in January and you instructed us to do a little bit more work on coming up with a more historic name. Thu name Westcourt was mentioned. Bill Coleman indicated that he lived out on Underwood Road south of the airport. We did a lilt a research and obtained his obituary. I believe he was a good candidate for a street name. He had quite a history at TWU and as a civic leader a'.-.o. We suggest that this name be adopted for the street name. Mr. Lowry read the rules of procedure for the public hearing and opened the public hearing. No one was present to speak at the public hearing. Mr. Smart closed the public hearing. Mr. Williamson: The Commission had mentioned using Westcourt Place. Staff would like to call it Westcourt Road because Place is referred to as a dead-end or a smaller road. Mr. Coleman: I move we recommend changing the name from Underwood Road to Weslcourt Road. Ms. Byron: Second. Mr. Lowry: Any discussion? All in favor please say "aye." Opposed say "aye' Approved. (5-0). MINUTES Historic Landmark Commission January 8, 1996 Agend Date The regular meeting of the Historic Landmark Commission of the City of Denton was held at 5:00 p.m. in the City Hall West Conference Room located at 221 N. Elm Street (Old Police Department) on Monday, January 8, 1996. Present: Suzanne Byron, Judy Cole, Bill Co.'aman, Charlye Heggins, Jim Kirkpatrick, Bullitt Lowry, Mark Merki, and Alan Smart Absent: Kenneth Morgan Present from Staff: Frank H. Robbins, Executive Director Planning and Development; Jane Jenkins, Preservation Officer; Paul Williamson, Engineering Tech 11, and Donna Bateman, Planning Technician Vice-Chairman Lowry called the meeting to order at 5:06 p.m. 1. .~o sider approval of the minutes of the meeting of December 18, 1995. It was moved by Ms. Byron, seconded by Ms. Heggins, and unanimously carried (7-0) to approve the minutes of the meeting of December 18, 1995. II. Consider making a recommendation on the street name change of Underwood Road. Mr. Williamson reported that the Engineering Department was proposing to change the name of "Underwood Road', located along the east boundary of the Denton Municipal Airport. The only reason for the proposed changed is the fact that there are two Underwoods within the Denton city limits. This came about in December 1969 when the City of Denton annexed the airport area. About five years ago the City of Denton initiated changing all rural route and box number addresses within the city limits to street addresses in conjunction with the implementation of 911. When the sole existing residence was assigned an address on Underwoood Road a few years ago, the U.S. Post Office immediately requested that something be done to mitigate the problem. Staff recommends that the road name be changed to Avion Road. He added that the name was derived from the name of the company that is going to be located there, Avionics International. The name was chosen from a list that was submitted to staff by Avionics International. Mr. Coleman stated that he agreed that the name should be changed but did not agree with the selected name. He stated that he spoke with one of the We family members (Cindy Cole) and she said that her cousin's pappy (Wes Court) lived down there and it was always referred to as the Was Court place. He felt that staff should talk to the families that originally named the road Underwood. Historic Landmark Commission Minutes of January 8, 1996 AgendR , tft-- Page 2 of 3 AgendDate_ Mr. Lowry agreed. He added that when he was with the County Historical Commission there was a process followed on how a road would be named. Mr. Coleman asked if the county should also give input on the street name since it will impact the street named Underwood further down. If the city limits were to expand and bring in the other street named Underwood, there would still be two Underwoods in the city. Ms. Cole asked if the Historical Commission would have an opinion about the name change. Mr. Lowry replied that he was no longer associated with the Commission and did not know if they would be interested. Ms. Jenkins clarified that the Landmark Commission agreed to changing the name but were not sure of what name. The Commission was also concerned about the other Underwood Road. Mr. Coleman moved to table consideration until further names are provided. Seconded by Heggins and unanimously carried (7-0). Mr. Williamson stated that the business will be moving in In about six months. He added that due to time constraints he would prefer not to do too much research with the families due to the amount of input that may be provided. Alan Smart arrived. Ms. Jenkins stated that Paul will come back to the next meeting with a short list of options. WORKSESSION - 1. Receive a report and hold a discussion concerning Phase II of the Historic Resources Inventory. Lila - Within the most recent book, we have proposed districts. This evening I would like to focus on the districts. Would like to know what the commissioners think. We have proposed four to six districts. Cole - She drove it by herself. Would like for the commission to go as a group. A TRItUTb 1 l0 WAIN! 1, IM paper or THE')MOII RECORDCHROHICCE R ApO D+. E t> P3q PERMISS I CIA DENTOR, TEICAB pF FP-ES> PRTSF_R$Otil, I ENTON RECORD,0kciildlE, r 3.4-R6 ~ TpunrialObt111i7rb. Ir: Ht m'oas N Tone AkN ie 'tW Agenda No. ^(j - a I ~ b l l ,M was New or III? ma tours III ~'.Y :wna 14o our r ry Car, ten A4en der, l~em c'oilrye k aCllar) r' He rt to eei ales r aR32„L Gale World Nit I received r er ;J, r. Mettb of Aliens tepee his k k 1511 ad maelar of .Cara de• r4 i s set b ins li. CaaxA toward the ii L T~ at" !Akio N Coen Volga. Car !k~~ tirp nd IM Evart I CIJ:~~i~ 1 Kew. B alms 1 Mr. WertcuurY mll urS W. ,rte 'eh included gA Word Ni r BE au paduid Dlm IM find 011mm at 4w ce gor gi of d seCamp at 1lt Aul is, 111411 t/ is, , of Al. 9JdQ' is lt, t ,a err. k b0 net to O IAN , A 3ILh W DhIA,'st, FRED N'ESI'CtlU11T Cmp>• tort t R'omh, .here sAce dquarlan In1e11F n He e rue pnmoled to fug Funeral Set em Funeral Set BruttAld to Apl, Ila. AM For Biologist, e u, b ere A`- Dances 0~OgISt, Deachmmk July. Its Hr 111 adjutant. of ON Its , ~ac~ TT/e~~~urt Eeflln NO Ini Ai December. end as in the ail kleue c panne alma.., Oc:. Pied R'dnAm R'rsmurl, W 111, U:a. lonpime 990tun Plui<rsa d He -,I "Ica',I.t alder end ~.1 blolodi n Tear Woman's Grd, AAIn iOnnNnT commander of corky died a: rip, m Sunda) CArtlP,nr D. NO Inanln, In In DAN,. MAY. lilt. •.s Funeral wnlm (or N•. Nest. Demalirnr And III,I6, rest e mu:1 .ill be kId g w pm Ward War 1 1'Mory Modal, a Ti,i at Si. And.,,, Dr^ib.. Ctroperm Senln Metal and Icrir , %,1, r,. J How, I ii Cnla dr C are. 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HV "`Na trstatg Au h Hill, ad owe a IN j llakvltm and bidawpt pen Womruom end llrnatlsf Dl l,`I"{ denW end M led tea ptri viA~ 9-pirrn Thule or Ilame. "Bfa utYdlnd Ih. Hart R Orort 1, 0111 MAY. IIN, 1, Cmudi' A A d °Grderape A member it IM Colts Ida. Cold. In Tats." t iom and Edunelorul 6uD ' d r /.Ace , . Sk `Arrk p( 14 tun pwn obpkAl Appry to ante Rov. 1'. INS. ~I ■,~u' Or 1mericm Sacle•p For Hon He wa seperald Imm Ilia Tlje amp. Ikultunl Scimce, Rh Ice al Gmp &,I, Z,,r. JfT@ He owe a lamer mprii or Aug. 17, Ito. And was is the to Detroit Part Beard, saem aessl nservl a major, Slatt Les Ad Cammem Ci,M &tW.1k nand Adminlgnllm, m'.R Juts Clellon Co:nvii ec And Danhe U. IMt e RaarT Club. Ha arm ass a fa. Mr. Tionmurt Is eurrlvd 6T li dlrcta d the Dente Ma vldrn, Emile I-t der witi tiS4. CMmber or Cemmemr Mn. Jxk L CevI SlpnsI 1Mus let. Mr. Megtourl %As one a Ihr to In. Tenn, ,cod .Nre. H, p, yl: Iwmdtr er the '01 *8 Ca•dm Curley Oil' 11512, Clip, a,d Club In Denton and wMea ,r POUT r'elds'ldldrea s t its presllenl, He Auperrferd row. Sir. R'egmurt wa an alder in I~ Q•']I mt d Its pnJec4, Mrludl-p the Sr Anders Presbyhtlan p7l~(i yyunllnd d redbud row ri,t church. ALianliiiii Mn Prow MemoAg H' 515 At grounds. Desbslerim Cinrclrurch. Mae er, Berare ctmmIq Is •'C he'&yW Bola, Rot dawn, Pan r was Initruda Al it, it '.l bearer; thew Calhoun, J, R, la at I= arlnol ))ur and SInc11w M 1 Cote Jr.. D, Psoramr it 70,1.1 To Sls,e ftF Alan p, Cacterline, Or. Retell r d Ile`t, IvI is Poets, D lama M. H!M\Tm. hr. tnZourt was Lem I a, Dr. Sterna Slaver, lee E ,leye"11101. DeWitt Ctuore, Johnson. Member of dR .A b Car 1. IAA, and gas radon. meow'. Carden Club, Lhe TWU 1 a ed Inn in0 wh* It kinul'AecnlSt gar, IM wain a IM S1. AMreas Ptaby ens. QC. u CTarM, v tfA 1, r Agenda No.-Ig`O 17 Agenda Item 4 D CITY OUNCIL REPORT FORMAT DATE: April 16, 1996 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Easement Abandonment - Southridge Estates - Phase II i RECOMMFN DAT I ON- The Development Review Committee and Planning & Zoning Commission recommends approval. SUMMARY/BACKGROUND: The attached plats illustrate the easement tracts for the proposed abandonment. Don Allen, Trendmaker Homes, has asked that the City abandon the easement tracts shown, in conjunction with the platting of "Southridge Estates, Phase II". The existing sewer line will be abandoned and a new sewer line will be installed within a platted utility easement. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Engineering & Transportation Department, Utility Department, Trendmaker Homes FISCAL IMPACT: None Res f ]y Submitted: Rick Svehla Acting City Manager Prepared by: Paul Williamson Engineering Tech II Approved by: J ?W Cla k Director of Engineering & Transportation cccept.wpd ...E TRNDMU2.ORD O t Agenda No. Agenda Item Date ORDINANCE NO. AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852 AND 0858; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Don Allen for the partial abandonment of certain public utility and drainage easements; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonments and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the public utility and drainage easements being partially vacated are no longer needed for public use; and WHEREAS, the fair market value of the public utility and drainage easements have been determined and received, as required by section 272.001 of the Texas Local Government Code and DENTON, TEX., CODE ch. 2 art. IV. (1991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That those portions of the public utility and drainage easements described in Exhibits "A-1" and "A-2", attached hereto and incorporated herein by reference, and recorded in Volume 1686, Pages 0852 and 0858 of the Real Property Records of Denton County, Texas, are permanently vacated and extinguished as public easements, to the extent described in said exhibits. SECTION II. That by reason of such vacation the city of Denton's property interest in the vacated portions of said ease- ments shall, by operation of law, revert to the owner or owners abutting the easements herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portions of said property as public easements. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR N F r AgenANo AgenDate (o ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 77 PAGE 2 1 Agenda No, Aflenda to P & Z Minutes Date July 26, I PPS Page 2 presentation. Ms. Russell: Is there anyone that would like io speak in favor of the petition? Anyone to speak in favor of the petition? Anyone to speak in opposition of the petition? Any opposition to the petition? Do you (directed to Mr. Coleman) feel a need to make any further comments? We'll close the public hearing. Any final remarks? Mr. Yost: I'd like to mention that as of the end of August, we think this sort of action would be done by the staff and not the Commission, but right now we're looking at how the new laws, through the TML, effect what we do and you do. Ms. Russell: Any discussion Commissioners? Ms. Schertz: No, at this time I'm ready to make a motion, I'd like to move that we approve the preliminary and final replats of Lots 1R and 2R, Block B, into Lot 1R•A of the Montecito del Sur Addition, Phase I. Ms. Russell: Is there a second? Mr. Jones: Second. Ms. Russell: Any further discussion? All in favor of the motion, please raise your right hand. Opposed same sign. Passes unanimously (5-0). Forgive me gentlemen in my attempt to get started very quickly tonight. I should welcome our new commissioners. We're very glad to see you and to be serving with you. 11. Southridge Estates. The sites are located near the east side of Lillian Miller Parkway, approximately 200 feet south of 1-35E service road. a. Consider partial easement abandonments. Mr. Salmon: Madam Chair and members of the Commission, Trendmaker Homes has applied to have a partial easement abandonment on Phase 11 and III of their development. I guess just a simple explanation, there is an existing sanitary sewer on the property and, of course, it doesn't align with the way they want to arrange their lots and streets. In designing their subdivision their going to be rerouting that sanitary sewer so that it follow the street alignment and also some new easement alignments. So, the first step is to do away with the existing easements. The transparency shows the Phase 11 plat. The green areas art the easements that would be abandoned and then I've tried to I V Agenda No. sn Agenda I em Dale ` P & 2 Minutes July 26, 1995 Page 3 illustrate in a light orange where the new sewer lines would be rerouted. Phase III shows the green representing the existing easements and the orange shows where the new sewer line would be run. Staff recommends that these easement abandonments take place and I'll answer any questions that you might have. Ms. Russell: Our recommendation would be to the City Council? Mr. Salmon: That's correct. Ms. Russell: Is there any discussion? Ms. Schertz: I just have one question. In the line that's going from north to south, the projected where the easement will be and then down at the bottom it just shows an arrow. Is that a future subdivision or what is that? Where is that going to? Mr. Salmon: That is currently undeveloped property. Ms. Schertz: That Trendmaker owns? Mr. Salmon: No, I believe Jake Hersman currently owns that property directly to the south. Trendmaker owns to the line at the bottom of the subdivision and then Jake Hersman owns below that. Katie Flemming arrived. Ms. Schertz: That was my question, I just wondered if that person had any problems with we were doing but if it ties back, that answers my question. Mr. Salmon: No, apparently it's been taken care of on the Trendmaker site. Ms. Russel►: Any other questions? Chair will entertain a motion. Mr. Powell: I will move that we accept the recommendation of the staff. Mr. Jones: Second. Ms. Russell: Any further discussion? All in favor please raise your right hand. Opposed same sign. Passes unanimously (5-0). Ms. Flemming abstained, b. Consider a variance concerning grades at intersections. Agenda No. r f ' Agenda Q~ im Date_~_- EXHIBIT 'A•1' FIELD NOTES BEING A PORTION OF THAT CERTAIN 16' DRAINAGE AND UTILITY EASEMENT SITUATED IN THE JOHN MCGOWEN SURVEY, ABSTRACT NO. 797, DENTON COUNTY, TEXAS AND RECORDED IN VOLUME 1686, PAGE 852 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8' IRON ROD CAPPED 'CARTER & BURGESS' SET FOR CORNER, BEING THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNIAL HOMES, INC., DBA TRENDMAKER HOMES, DESCRIBED IN COUNTY CLERKS FILE NO. 94-0003327, OF SAID DEED RECOP.L'S, ALSO BEING THE NORTHEAST CORNER OF THAT CERTAIN 50 ACRE TRACT AS DESCRIBED IN DEED TO HERSMAN DEVELOPEMENT CORPORATION, RECORDED IN VOLUME 3453, PAGE 847, OF SAID DEED RECORDS; THENCE S 88°43'53' W, ALONG THE NORTH LINE OF SAID HERSMAN DEVELOPMENT TRACT AND THE SOUTH LINE OF SAID CENTENNIAL HOMES TRACT, A DISTANCE OF 1011.97 FEET TO A POINT FOR CORNER; THENCE N 04°44'25' E, OVER AND ACROSS SAID CENTENNIAL HOMES TRACT A DISTANCE OF 27.56 FEET TO THE POINT OF BEGINNING; THENCE N 04044'25' E. A DISTANCE OF 25.84 FEET TO A POINT FOR CORNER; THENCE N 43000'57' E, A DISTANCE OF 162.51 FEET TO A POINT FOR CORNER; THENCE N 88°43'39' E, A DISTANCE OF 140.69 FEET TO A POINT FOR CORNER; THENCE S 01°20'11' E. A DISTANCE OF 16.00 FEET TO A POINT FOR CORNER; THENCE S 88°4'3'39' W, A DISTANCE OF 133.96 FEET TO A POINT FOR CORNER; THENCE S 43°00'57' W. A DISTANCE OF 176.06 FEET TO A POINT FOR CORNER, TO THE POINT OF BEGINNING, AND CONTAINING 0.113 ACRES OF LAND, MORE OR LESS. F:\JOB\SLD\93328101\SDATA\2e1 EX4AI.FNS T OF SHEET 1 OF 2 GARY S. VEDRO 4034 0 . ~Q BUFF 7-4'S~ ^~6ntlb Kb. Agenda (It m EXHIBIT 4A-2' Date FIELD NOTES BEING A PORTION OF THAT CERTAIN 16' DRAINAGE AND UTILITY EASEMENT SITUATED IN THE JOHN MCGOWEN SURVEY, ABSTRACT NO. 797, DENTON COUNTY, TEXAS AND RECORDED IN VOLUME 1686, PAGE 858 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD CAPPED 'CARTER & BURGESS' SET FOR CORNER, BEING THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNIAL HOMES INC., DBA TRENDMAKER HOMES, AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS FILE NO. 94.0003327, OF SAID DEED RECORDS, ALSO BEING THE SOUTHEAST CORNER OF THAT CERTAIN RIGHT-OF-WAY EASEMENT DESCRIBED TO DENTON COUNTY, AS RECORDED IN VOLUME 333, PAGE 19, SAID DEED RECORDS; THENCE S 88°39'49" W, ALONG THE NORTH LINE OF SAID CENTENNIAL HOMES, ALSO BEING THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO CHARLES W. McNEILL AND WIFE, AS RECORDED IN VOLUME 477, PAGE 604, OF SAID DEED RECORDS, A DISTANCE OF 978.88 FEET TO A POINT FOR CORNER; THENCE S 01 °20'11' E, LEAVING SAID NORTH LINE, A DISTANCE OF 131.43 FEET TO A POINT FOR CORNER, FOR THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET, A DELTA ANGLE OF 03016'180, A LONG CHORD THAT BEARS N 82°40'40' E A DISTANCE OF 15.70 FEET, AN ARC DISTANCE OF 15.70 FEET TO A POINT FOR CORNER; THENCE S 05°41'11" E. A DISTANCE OF 30.21 FEET TO THE POINT OF BEGINNING; THENCE S 82038'13" E, A DISTANCE OF 17.24 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 299.50 FEET, A DELTA ANGLE OF 41622'06*, A LONG CHORD THAT BEARS S 61 °57'10" E A DISTANCE OF 211.58 FEET, AN ARC DISTANCE OF 216.24 FEET TO A POINT FOR CORNER; THENCE S 41°16'07' E, A DISTANCE OF 89.88 FEET TO A POINT FOR CORNER; THENCE S 01°20'11' E, A DISTANCE OF 24.94 FEET TO A POINT FOR CORNER; THENCE N 41016'07" W, A DISTANCE OF 109.00 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 283.50 FEET, A DELTA ANGLE OF 41022'06', A LONG CHORD THAT BEARS N 61°57'10" W A DISTANCE OF 200.27 FEE1, AN ARC DISTANCE OF 204.69 FEET TO A POINT FOR CORNER; THENCE N 82038'13" W, A DISTANCE OF 13.53 FEET TO A POINT FOR CORNER; 4 Q r ' w Agenda No. Agenda em Dale A THENCE N 05041'11 W, A DISTANCE OF 18.43 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.120 ACRES OF LAND, MORE OR LESS. F;\JOB\SLD\93328101\SDATA\281 EX4A2.FNS SHEET 1 OF 2 r " . .I . H 1 L.1. •l.. H r r' 'c.: n'. ~f CP.O A931 v •Q as. su G, liGr ~I t !IUSL 1 9'tlA IJk' VIE S.j Yn• { enda item 9 P, 7 1° 9 to N P.O.C. A-.? rI - B=2P0 50 17211 N Ov{I'll" f 5 6.3613" f. L=216.21 _-p '7.115.08 V~ V LC=211.58 ---CB=S 8157 10' F. N 278'13' 13.5:1 ` F \ \ 10 D=/1'22'08" R~ 283 50 _ P.O.D. A-2 L2201. 0 I 0704 LC:20D.27 ~~\\op~9 CB=N 61'57'10' IT I ,o~^I2~~"\ I£ S 0120'11' E 7 ♦ 21.9{ SOUTHPID6E ESTATES PHASE 1 va 1696. PG 95F L CENTENNIAL HOMES INC ED PGA REND MAO EP HOLES CC/ 940007327 i BLOCK 3 - - JOHN MP_GOWEN SURVEY ABSIRACT NO. 797 Il f// 1 g{....... . _ . PROPOSED .i (.RMB MAO - 17 SOUTHRIDGE ESTATE 499 PHASE 1 Q "•N 3 r5 Ur V!11. IS" fG e5; BUR (r0 PC .B TPLIA ([l Br AP 1?E IN MSLP 61 _ N nelrer t -~loe9 XP IT) P.O.B. "A-f --Ei / - _S CL2o'11 E Moo P.O.C. A-1 '1 N 25 E R,7 ~F 16' 0PAINAGE At 25.67 UNITY E EA ASE TaE1 /T VOL 1556. PG 952 _ N CA 11]S- r .1 ~ 5 6T1) 57 • - 10+1 9T • 5; 6' iPC 'r~ U+.[ BOPINQ + r- I _ AIICC N[9i4 AH (VEAL'Y'VEN? LAPW.bCH .r 1\ U S Or a 11' C 13t 3+ U VOL CY 1453 .5]. P6 e11 p h l2 SOS'1r11'C 0021 PPS CT CURB DELTA _-_9 A0'US ARC --_IA4rA NT BEA Owe C«IRD 031616 2'5 00 IS 70 2 65 N 82'1041 E 15 tp n N LOT 45/lb"35 b 35 z PARr1AL EASEVErdT nBnrrDU1lMENT 16 ' DRAINAGE ANC UTILITY EASMENT CC cort!/uNoprgei VOL ?6!015 RG 852 AND e58 Cm1A.11 Cry~la~y. a.ndr.1L1. L+IK er wP ik.4 0C *«C PW'N P^P InP tn.vmm.ni- ° JfA I?1 ycCO6EN SI~R'YT T, ae5!PACT '92 c 2 IF l CARTER y BUPGESS, INC cIC.ED e. 0S. on ?950 [I.nrcni W4 9A~E 250 ` W C'EN101 OCN+GN COV4P, 11 US OAUi. b yN>. 1?51 f Agenda flo, . Agenda Vern Date ` 35E i~ 35E Jd Ay i ~ 2B6P 40 P a ABANDONMENT TRACTS V1 y~V rEASLE LN. LOCATION! MAP rs. ~persaa"Item_ CITY COUNCIL Gale_ `E ,I _Q „ AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBJECT: CONSIDER APPROVAL OF A CONTRACT WITH ADS ENVIRONMENTAL SERVICES, INC. FOR SMOKE TESTING AND PROFESSIONAL ENGINEERING SERVICES FOR AN AMOUNT NOT TO EXCEED $171,433. RECOMMENDATION: The Public Utilities Board recommends approval of the above referenced contract. SUMMARY: In 1994 ADS performed smoke testing services in the Cooper Creek basin. The Utilities Department has selected ADS to continue to do this work in the Pecan Creek basin. This contract is to test approximately 338,000 linear feet of line and 650 manholes. This contract covers the western third of this basin. BACKGROUND: The Utility Staff has determined that there is a significant amount of Inflow/Infiltration (I/I) in the Utility wastewater system. This contract will identify sources of I/I, evaluate repairs on an cost effective basis and incorporate this information into our computer programs including GIS for the western third of the Pecan Creek Basin. Our goal is to reduce the need to expand our wastewater plant and/or enlarge our collection system and to eliminate any potential sewer overflows. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Denton Municipal Utilities and ADS Environmental Services, Inc. FISCAL IMPACT: The Capital Improvement Plan includes $225,000 for I/I studies. The cost of this project is $171,433, which is $53,567 under budget. Agenda Item RESP ULLY SU MITTED: Dale Rick Svehla, Prea ed by: Acting City Manager Howard Martin Director of Environ fntal Operations Approved by: - /J Robert E. Nelson, P.E. Executive Director of Utilities Attachments: I. Ordinance II. Contract III. Public Utilities Board Agenda item J:\WPDJCS\C,RD\AGC. CRC A060 Nu. Apind I am C Dale ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ADS ENVIRONMENTAL SERVICES, INC. FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE PECAN CREEK SEWER BASIN; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ECTI N I. That the execute an agreement between MthegCCity of hereby entcnanauthorized ADS Environmental Services, Inc. for professional services, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City Manager is authorized to make the expenditure of funds in accordance with the terms of the agreement. SF,CTION III That this ordinance shall become effective imme('lately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. RICK SVEHLA, ACTING CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: AGcnda Na., agenda ) em AGREEMENT BETWEEN THE CITY OF DENTON, TEE AND ADS ENVIRONMENTAL SERVICES, INC. THIS AGREEMENT is made and entered by and between the City of Denton, Texas, a municipal corporation situated in Denton County, Texas, hereinafter called the "City", acting herein by and through Rick Svehla, its duly authorized Acting City Manager, and ADS Ez,vironmental Services, Inc., a corporation, acting herein by and through its duly authorized president hereinafter called "Engi- neer." W I T N E S E T H That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as follows: SECTION I - SERVICES OF ENGINEERs The City hereby contracts with Engineer as an independent con- tractor, and Engineer hereby agrees to perform, within the profes- sional standards normally accepted in the State of Texas, profes- sional services associated with individual assignments as agreed in writing in connection with: testn services s set forth in AttA" attachedkto thisldocument, and incorporated as it writteneword"for word herein. SECTION II - CHARACTER AND EXTENT OF ENGINEER'S SERVICESs Engineer shall: 1. Provide above ground reconnaissance and map update. 2. Provide manhole inspections of approximately 648 manholes. 3. Provide smoke testing of approximately 337,960 linear feet of sewer line. 4. Provide analysis of defects. 5. Provide cost effective analysis. 6. Provide 5 copies of the draft report and 20 copies of the final report. The services listed above are collectively referred to herein as the "Assignment". Attachment "A" (pages 1 through 5) provide additional detail for each service listed above. Engineer agrees to commit the personnel to each service listed above as necessary in order to complete the Assignment in an ~ Agenda No. Agenda Item expeditious manner. Date 7 ` Engineer shall advise City as to the necessity of City's pro- viding or obtaining from others special services and data required in connection with the Assignment at City's cost and expense and may act as City's representative in connection with any such services of others. It is understood that this Agreement contemplates the full and complete engineering services including any and all changes neces- sary to complete the Assignment as outlined in the Scope of Ser- vices. Nothing contained herein shall be construed as authorizing additional fees for services. Engineer acknowledges by the execution of this Agreement that all contingencies known to Engineer and City at the date of this Agreement as may be deemed necessary and proper to complete the Assignment have been included in the maximum fee estimate. Engineer agrees that engineering services will be managed and performed in their Dallas office. SECTION III - PERIOD OF SERVICE: This Agreement shall become effective upon execution by the City and the Engineer, and shall remain in force for the period as indicated in Section VII - Time Schedule, unless extended by mutual agreement of the parties or terminated in accordance with Section IX - Termination. Time is of the essence in this Agreement. The Engineer shall make all reasonable efforts to complete the services set forth herein as expediently as possible and to meet the schedule established by the City. SECTION IV - SPECIAL SERVICES OF ENGINEER: if authorized in writing by City, Engineer shall furnish or obtain from others Special Services necessary to complete the Assignment. Special Services are those services not included as part of Basic Services c.s outlined in Section II - Character and Extent of Engineer's Services. Special Services will be paid for by City as indicated in Section V but the total compensation for Special Services shall not exceed Fifteen Thousand Dollars ($15,000.00). SECTION V - CITY'S RESPONOIBILITIES: The City shall: 1. Assist Engineer in obtaining existing studies, reports and other available data and services of others pertinent to the Assignment and in obtaining additional reports and data as required. PAGE 2 Agenda No.-1 Agenda Item 2. Upon reasonable notice arrange for access toa1eand make all - ' provisions for Engineer to enter upon public and private property as may be required for Engineer to perform services hereunder. 3. Designate in writing a qualified person who will act as City's representative with respect to the Assignment for the purposes of transmitting instructions, receiving information, inter- preting and defining City's policies and decisions with respect to Engineer's services. 4. Furnish as required by the work and not at the expense of ADS Environmental Services, Inc. the follow!-,g items: a) All maps, drawings, reports, records, audits, annual reports, and other data requested by Engineer that are available in the files of the City and which may be useful in the work involved under this contract. b) Access to public and private property when required in performance of the services to be rendered by ADS. c) The services of at least one of the City's employees or staff, if needed, who has the right of entry to, and who has knowledge of, the existing sanitary sewer system and force mains, wastewater pump stations and wastewater treatment facilities. d) Hall, meeting room, or auditorium space for public hearings and/or presentations, and the audio equipment and projection equipment required for such hearings or presentations. e) Transport and treatment costs for inflow and infiltration for use in the Source Defect Analysis. Consultant will install any clean out cap3 necessary during field inspection. f) Water needed for cleaning lines prior tc internal T.V. inspection, if required. g) Facilities for dumping materials removed from collection system during field inspection activities, if required. h) Assistance in any removal efforts of cameras lodged in pipes during field inspection services, if required. 5. Review all reports, recommendations and other documents and provide written decisions requested by the City within a reasonable time. 6. Examine all studies, reports, sketches, drawings, specifica- PAGE 3 Agenda ND.A/ Agenda Item _ lions, proposals and other documents presenOted VQ obtain advice of an attorney, insurance counselor andlneer, q other consultants as it deems appropriate for such examination and render in writing decisions requested by the City within a reasonable time so as not to delay the services of Engineer. SECTION VI - COMPENSATION TO ENGINEER: The total compensation for all of the assignments to be performed by Engineer as described in Section II - Character and Extent of Engineer's Services hereof shall not exceed one Hundred Seventy One Thousand Four Hundred Thirty-three Dollars ($171,433). Engineer shall be compensated as listed below and as outlined in Attachment "B", which is attached to and made a part of this Agreement as if written word for word herein: 1. Mobilization and Project, Administration is paid as a lump sum of Eight Thousand Forty-one Dollars ($8,041.00). 2. Basic Services - Field Inspections is paid per item. Above ground reconnaissance and map update and smoke testing are paid per linear foot. Manhole inspection is paid per each manhole. 3. Basic Services - Engineering Analysis and Report is paid at cost plus multiplier to a maximum of Twenty-nine Thousand Seven Hundred Forty-four Dollars ($29,744). The hourly rates and applicable multipliers are listed on Attachment "Bi". 4. Additional Special Services shall be charged as outlined in Attachment "B". The City and Engineer shall agree on the Scope and Compensa- tion for the performance of Special Services prior to the commence- ment of such Special Services. For Special Services performed under Section III Engineer will be compensated at the same rates and methods as outlined in this Section VI but the total compensa- tion for Special Services shall not exceed Fifteen Thousand Dollars ($15,000.00). SECTION VIE - METHOD OF PAYMENT: Engineer shall be paid monthly on the basis of statements prepared from the books and records of account of Engineer, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of Engineer. Payment according to statements will be subject to certification by the Executive Director of Utilities or his duly authorized representa- tives that such work has been performed. However, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. The PAGE 4 Agenda No. Agenda Item C _ City may withhold the final five percent {5~) Oof con act amount until completion of the project. Nothing contained in this section or the remainder of this ' Agreement shall require the City to pay for any work which is unsatisfactory as reasonably determined by the Executive Director of Utilities, or which is not submitted in compliance with the terms of this Agreement. The City shall not be required to make any payments to the Engineer when the Engineer is in default under this Agreement. Engineer shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the City for any charge, expense, or reimbursement above the maximum fee without first having obtained written authorization from City to perform special or additional services. The above charges are on the basis of prompt payment of bills rendered and continuous pr^gr-ess of the work on the Assignment until completion. If City fails to make any agreed to payment due to Engineer for services within sixty days after approval of Engineer's statement thereof, the amount due Engineer shall include a charge at the rate of one percent (It) per month from said sixtieth day, and in addition Engineer may, after giving seven days written notice to City, suspend services under this Agreement until Engineer has been paid in full all amounts due for services actually perormed. Provided, however, nothing herein shall require the City to pay the charge of one percent (It) per month set forth herein if the City reasonably determines that the work is unsatisfactory. Mail monthly invoices to: City of Denton Attn: G. Cosgrove, P.E., Engineering Administrator 901-A Texas Street Denton, Texas 76201 Telephone Number (817)383-7189 SECTION VIII - TIME SCHEDULE OF ENGINEER SERVICES: Engineer shall initiate work prescribed hereunder immediately upon the execution of this Agreement and upon issuance by City of a Notice to Proceed. Engineer shall follow the project schedule outlined on Attachment "D" dependent upon weather conditions. Engineer shall perform the services provided herein in 180 calendar days. Any request for special services shall be submitted in sufficient time to allow for completion of services within 270 days. SECTION IX - TERMINATION: The City may terminate this Agreement at any time without PAGE 5 Agenda No. Agenda Item f}} Date Z__/z cause and as a matter of right, by notice in writing to Engineer. Upon receipt of such notice, Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities and materials in connection with the performance of the Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. If the City terminates this Agreement under the foregoing paragraph, the City shall pay Engineer for services properly performed in accordance herewith prior to such termination, less such payments having been previously made. Such payments shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation prescribed in Sections VI and VII hereof. Engineer shall also be compensated for all reimbursable expenses directly attributable to termination. Upon termination of this Agreement, all documents prepared or partially prepared by or furnished by Engineer and its associates and consultants pursuant to this Agreement shall become the property of the City. The Engineer may retain copies of these documents. SECTION X - INSURANCE: Engineer shall maintain statutory worker's compensation insur- ance coverage, employers' liability, commercial general liability, automobile liability, and professional liability insurance coverage with a company rated at least "A" by Best and licensed to do business in Texas during the period of performance of services hereunder in the following minimum amounts: LIMITS OF LIABILITY A. Worker's Compensation Statutory Employer's Liability $1,000,000 B. Commercial General Liability (including Contractual Liability): Bodily Injury ) $1,000,000 combined single limits for each Property Damage) occurrence or aggregate C. Comprehensive, Automobile Liability (Owned, Hired, and Non-owned Vehicles): Bodily injury ) $1,000,000 combined single limits for each Property Damage) occurrence or aggregate D. Professional Liability $1,000,000 annual aggregate Engineer shall furnish City insurance certificates to evidence such coverages. The certificate shall contain a provision that PAGE 6 Agendg AgenItem suc h insurance shall not be cancelled or modifiedaat Q_g prior written notice to City. Engineer shall name City as additional insured on policies described in subsections B and C above. SECTION X - INDEMNIFICATION: Engineer agrees to defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought that may arise out of or be occasioned by Engineer's intentional or negligent breach of any of the terms or provisions of this agreement, or by any other negligent act or omission of Engineer, its officers, agents, associates, employees or subconnultan.a, in the performance of this Agreement; except that the ir:demnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees, or separate contractors, and in the event of joint and concurrent negligence of both the Engineer and the City, responsibility, if any, shall be apportioned comparative- ly in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and riot intended to create or grant any rights, contractual or otherwise, to any other person or entity. SECTION XII - NO THIRD PARTY BENEFICIARIES: There are no third party beneficiaries of this agreement between City and Engineer and no third party shall be entitled to rely upon any work performed or reports prepared by Engineer hereunder for the purpose whatsoever. SECTION XIII - RIGHT TO AUDIT: Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Engineer involving transactions relating to this Agreement. Engineer agrees that the City shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Engineer reasonable advance notice of intended audits. SECTION XIV - SUCCESSORS AND ASSIGNS: The City and Engineer each bind themselves, their successors PAGE 7 L Apenda Nc. C1( n Agond~a ~Ilem c~ and assigns, to the other party to this Agreement and to successors and assigns of each other party in respect covenants of this Agreement. to athe ll SECTION XV - ASSIGNMENT: Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XVI - INDEPENDENT CONTRACTOR: Engineer shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Engineer shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents and employees. Nothing herein shall be construed as creating a partnership or joint venture between the City and Engineer, its officers, agents and employees, and doctrine of respondent superior has no application as between the City and Engineer. SECTION XVII - RESPONSIBILITY FOR CLAIMS AND LIABILITY: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Engineer, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the design or other work prepared by the Engineer, its employees, subcontractors, agents, and consultants. SECTION XVIII - NOTICE: ce or to be delivered underhthewterms n or instrument required or permitted this m Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Engineer or City, as the case may be, at the following addresses: CITY CONTRACTOR City of Denton, Texas ADS Environmental Services Attn: Executive Director of Utilities Attn: Gary Wood U 215 tilities E. McKinney 10715 Plano Rd., Suite 200 Denton, Texas 76201 Dallas, Texas 75238-5332 PAGE 8 "rfnda hJ. Agenda item r Date Either party may change its mailing address by sending notibe of change of address to the other at the above address by certified mail, return receipt requested. SECTION XIX - VENUE: Venue of any suit or cause of action under this Agreement shall lie in Denton County, Texas. SECTION XX - CAPTIONS: The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN TESTIMONY HEREOF, the parties have executed the Agreement, this day of 1996. This Agreement is executed in four (4) counterparts. CITY OF DENTON, TEXAS Bob Castleberry, Mayor ATTEST: Jennifer Walters, City Secretary BY: APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney BY: ADS Environmental Se vices, Inc. /I Title ~l'umcct~-per ATTEST: BY: c: \xvoocs\R\~s. R PAGE 9 I Agenda No_*Q';01 `1 k9enda Item G ATTACHMENT A Oate_ SCOPE OF WORK CITY OF DENTON - PFCAN CREEK SEWER BASIN Mobilization and Project Administration Upon receipt of a Notice to Proceed, the ADS will schedule field personnel, mobilize the project team and arrange for a formal project kick-off meeting with City staff. This meeting will establish the lines of communication between the City and ADS and will provide input regarding historical information as it relates to the current project scope. Preliminary information to be obtained from the City may include, but not be limited to, reports of previous studies, collection system maps, and historical water usage and treatment plant records. Previous reports will be reviewed to provide a better understanding of historical conditions in the wastewater collection system. The field staff will have weekly meetings. A total of two presentations to City staff and the PUB or City Council will be given by ADS. A. BASIC SERVICES - FIELD INSPECTION ($/I.f. or $/each) Above Ground Reconnaissance & Map Update This data will supply background base data to be used during the collection system analysis. All manholes in the collection system will be located for the purposes of map updates. The City will provide reasonable assistance where required. Where discrepancies are encountered between the field and existing maps, the field blueline maps will be updated to reflect the system geometry. Any lines observed in the field, but not shown on the map will be traced and presented on the final map drawings produced. The result of the above ground inspection will be an updated inventory of that portion of the collection system inspected, documentation of observed defects, and blueline map update. Manhole Inspection This data will supply background base data to be used during the collection system analysis. Field crews will perform visual manhole and pipe inspection on each manhole in the study area. The manhole and each pipeline entering the manhole will be inspected with the use of a strong artificial light or reflected sunlight. Thirty-five millimeter time and date stamped color photographs for each manhole will be taken to record the conditions encountered. The following data will be recorded on computer forms for each manhole inspected: February 15, 1996 Agenda No. Agenda Item Date y tO ~e • Manhole identification (maintenance numbers) • Construction materials and conditions of covers, rings, walls, steps, aprons, etc. • Manhole depth and opening size • Number and size of holes in manhole cover • Identification of infiltration sources 0 Evidence of leaks and location • level of high water mark in the manhole • Type and depth of debris • Special problems and conditions, such as sources of inflow, overflows, bypasses, manholes located in natural ponding areas, etc. • Size, type and depth of pipe • Evidence of root intrusion • Condition of pipe connection at manhole (i.e., dropped joints, cracks or other obvious defects. • Dishes (pans) installed • Adjustable metal grade rings During all phases of this project traffic control procedures will be used as required for public safety. Traffic disruption will be kept to a minimum. All defects located during the manhole and visual inspection are input into a software program for analysis. Each defect will be quantified, and a cost-effectiveness analysis undertaken to establish if repair is warranted. A priority listing of defects will be developed along with recommended rehabilitation methods and cost estimates. All manholes within the study will be inspected. OSHA approved Confined Space Entry Procedures will be followed at all times. Violations of these procedures will subject ADS to a first time warning by the City and possible termination of the contract for any violations thereafter. Smoke Testing This portion of the field investigation will identify those sections of the collection system which have structural defects and experience inflow during periods of rainfall. Rainfall simulation tests include, but are not limited to, dye tests, water flooding and smoke testing. Smoke testing includes the simultaneous test, *rig of mains, laterals, and house services. It will be very effective in the detection of most sources of inflow and restrictive conditions existing in the tested lines. Thirty-five rr1limeter time and date stamped color photographs (or equivalent) will be taken of every located ?roblem and referenced in the final computer printout as an aid in rehabilitation. A schematic drawing giving explicit directions for locating each problem will be included. Each located problem will be referenced to at least 2 February 15, 1996 Agenda No. QL_L Agenda /it_9 Date two permanent stationary points. The field form used will be combined such that all field work (i.e., physical survey and smoke testing) will be presented on the same form. All smoke problems will be quantified by giving consideration to the surrounding area contributing to the problem, and the size and density of the smoke encountered. The City will provide reasonable assistance regarding pipe locations if necessary. During the smoke testing phase the location of crews will be communicated to the fire department and City staff each day prior to commencing the tests. Smoke testing "Notice to Residents" will be distributed prior to testing. Any located missing clean-out caps will be replaced during the smoke testing activity. Cleanout caps to be provided by City prior to initiating smoke testing activities. Location of missing clean-out caps will be documented on the field forms. Total linear feet surveyed for pay purposes will be based upon field determined quantities. B. BASIC SERVICES - ENGINEERING ANALYSIS, AND FINAL REPORT (Cost Plus Multiplier) Source Defect Analysis Each defect identified during the field testing will be quantified by taking into consideration the type of defect and tributary area. Once all defects with a sub-basin are quantified, a comparison will be made between the flows as quantified during the physical survey tasks and flows measured by the City during flow monitoring. This comparison will establish the remaining unlocated Ill for each basin. 1. The ADS PIPE° (Physical Inventory Point-Source Evaluation) software will be used to inventory and prioritize each defect. 2. All identified Ili, structural and maintenance defects, and physical data collected during the manhole inspection and smoke testing will be inventoried, analyzed and prioritized. The evaluation model offers rehabilitation recommendations by comparing repair options to transport/treatment. 3. Defects will be ranked by the severity of the problem. 4. The private sector contribution of 1/1 will be quantified. An estimated break down of the percentage attributable to service line defects will be provided, Recommendations for corrective action will be made. 5. Output reports will include a summary of all field activities, results of the cost- effective analysis, and the recommended improvement plan and associated costs. 3 February 15, 1996 Age-Ida No. ~lfl ,rte, Agenda item Date 6. Project tracking form will be provided based upon length of pipe surveyed and potential gallons of f/I removed. Cost Effective Analysis A line segment will ;e termed "cost effective" for subsequent rehabilitation when the cost of rehabilitating an amount of extraneous flow is less than the cost of transportation and treatment of that extraneous flow. The cost analysis involves the following exercises: • Assumption that all overflows must be corrected • Cost of rehabilitation for each problem line se` ment • Cost of transportation and treatment of extraneous flows (based upon marginal costs approved by City staff) • Comparison of the cost of rehabilitation versus the cost of transportation and treatment In order to determine if a line segment should be rehabilitated, it will be necessary to select the rehabilitation method and estimate the cost. For each located problem, ADS will provide a recommendation regarding a method of rehabilitation, estimates for its associated cost based on local construction costs, and the estimated percentage of infiltration/inflow removal. These recommendations will then be entered directly into the computer program. The computer program will rank the leak source by priority number. This number will be obtained by dividing the cost of transportation and treatment by the estimated rehabilitation cost. If the transportation and treatment cost for a particular problem is greater than the estimated rehabilitation cost, the leak source will have a priority number greater than one, and the problem will be cost effective to rehabilitate. If the priority number is less than one, the problem will not be cost effective to repair, Example: Cost of Transport/Treatment Cost of Repair > 1.0 (Cost effective to repair) < 1.0 (Not cost effective to repair) Final Report Following the completion of field activities, a draft report will be presented. This comprehensive report will provide a summary of all field activities. A priority ranking of each system defect will be presented along with the recommended method of rehabilitation and 4 February 15, 1996 Agenda Agenda Item-9 6^ associated cost. Each defect will be quantified and a flow balance undertaken. 7 data will be presented. The final computer output will be the rehabilitation summary sheets describing, by priority, the location and description of each category of rehabilitation work and will be referenced back to the field documentation/photographs. The defects database, updated maps, videotapes, and all field documentation will be presented in the final report. Five copies of the draft report will be delivered for review and comments. The City's review and comments will be incorporated and 20 copies of the Final Report and 3 sets of supporting appendices will be delivered. The benefit to cost summary shall be prepared for the total project and also for each of the major rehabilitation activities. Project deliverables will include: • Collection System Inventory • Updated Field Maps of Collection System • Project Database • Prioritized Infiltration/Inflow Reduction Plan and Estimated Cost • Recommendations for additional special services C. ADDITIONAL SPECIAL SERVICES Recommendations for any additional diagnostic testing of the collection system will be provided. These may include T.V. inspection, now isolation, dye testing, etc. In locations where defects are located on private laterals, a defect notification letter and a map approved by the City will be forwarded to the residents notifying them of the defect and instructing them to remedy the fault. These letters will be mailed certified mail / return receipt requested. One copy of the letter and map will be sent to the City of Denton and one copy retained for ADS files. No letters will be sent without City authorization. 5 February 15, 1996 Agen4a No, 1X9-61 Item- ATTACHMENT B l)ate PRICE SCHEDULE CITY OF DENTON - PECAN CREEK SEWER BASIN Description Quantity Unit Cost Total Mobilization, Project Administration, Presentations (Attachment B.2) L.S. L. S. $8,041 A. BASIC SERVICES - FIELD INSPECTION Above Ground Reconnaissance & Map Update 337,960 1. f. $0.04111 $13,518 Manhole Inspection 648 each $55/each $35,640 Smoke Testing 337,960 I.f. $0.25/1.f. $84,490 B. BASIC SERVICES - ENGINEERING ANALYSIS AND REPORTS Source Defect Analysis (Attachment B.3) 337,960 I.f. L.S. $16,529 Final Report (Attachment 13.3) L.S. L.S. $13,215 Total $171,433 C. ADDITIONAL SPECIAL SERVICES Night Flow Isolation $175/each Dye Water Flooding $2251each Clean/TV $2.35/1.f. Dye Testing with televising $175/each Defect Notification Letter $65/each 6 February 15, 1996 Agenda No. Agenda Item(A Date ATTACHMENT B.1 SCHEDULE FOR HOURLY RATES FOR ENGINEERING FEES' CITY OF DENTON - PECAN CREEK SEWER BASIN Employee Category Hourly Rate Supervising Professional $97.81 per hour Senior Professional $82.76 per hour Project Manager $66.21 per hour Data Analyst/Technician $54.17 per hour Clerical $34.61 per hour 'The individual hourly rates include salary, overhead and profit. NOTE: 1. Other direct charges, including outside services, will be charged at actual cost plus 10%. 2. Hourly ra'.es are based on a multiplier of 3.13 (benefits at .38, operating overhead at 2.75) 7 February 15, 1996 Agenda No. ~b - Agenda Item_ ATTACHMENT B.2 Dd1e_~- PROJECT ADMINISTRATIONIPRESENTATIONS COST BREAKDOWN CITY OF DENTON - PECAN CREEK SEWER BASIN 1. SALARY COSTS EMPLOYEE CATEGORY HOURLY RATE TOTAL HOURS TOTAL COST Supervising Professional $97.811hr 17 $1,662.77 Senior Professional $82.761hr 29 $2,400.04 Project Manager $66.211hr 36 $2,383.56 Technical $54.171hr 13 $704.21 Clerical $34.61mr 13 $449.93 Sub-Total $7,600.51 NOTE: Hourly rates are based on a multiplier of 3.13 (benefits at .38, operating overhead at 2.75) II. OTHER DIRECT CHARGES CATEGORY EXPENSE MARKUP TOTAL COST Printing $225.00 1.1 $247.50 Other Miscellaneous $175.00 1.1 $592.50 Sub-Total $440.00 TOTAL $8,040.51 8 February IS, 1996 I Agenda No Agenda I cm ATTACHMENT B.3 SOURCE DEFECT ANALYSIS COST BREAKDOWN CITY OF DENTON - PECAN CREEK SEWER BASIN 1. SALARY COSTS EMPLOYEE CATEGORY HOURLY RATE TOTAL HOURS TOTAL COST Senior Professional $82.76/hr 38 $3,144.86 Technical $54.171hr 184 $9,967.28 Clerical $34.61/hr 59 $2,041.99 Sub-Total $15,154.15 NOTE: Hourly rates are based on a multiplier of 3.13 (benefits at .38, operating overhead at 2.75) ll. OTHER DIRECT CHARGES CATEGORY EXPENSE MARKUP TOTAL COST Printing $650.00 1.1 $715.00 Other Miscellaneous $600.00 1.1 $660.00 Sub-Total $1,375.00 TOTAL $16,529.15 9 February 45, 1998 i, Agenda Mo. Agenda Item 1C _ ATTACHMENT BA Date FINAL REPORT COST BREAKDOWN CITY OF DENTON - PECAN CREEK SEWER BASIN + SALARY COSTS EMPLOYEE CATEGORY HOURLY RATE TOTAL HOURS TOTAL COST Supervising Professional $97.81/hr 19 Senior Professional $1,858.39 $82.76/hr 30 $2,482.80 Data Analyst $54.17/hr 23 Technician $1,245.91 $54.17/hr 74 $4,008.58 Clerical $34.61/hr 41 Sub-Total $1,419.01 $11,014.69 NOTE: Hourly rates are based on a multiplier of 3.13 (benefits at .38, operating overhead at 2.75) 11• OTHER DIRECT CHARGES CATEGORY EXPENSE MARKUP TOTAL COST Printing $1,400.00 1.1 $i,540A0 Other Miscellaneous $600 00 1. i Sub-Total $660'00 $2.200.00 TOTAL $13,214.69 10 February 15, 1996 III Agenda No. (D ! Agenda Item - - e ATTACHMENT C Date_ OWNER'S RESPONSIBILITIES CITY OF DENTON - PECAN CREEK SEWER BASIN The OWNER w411 furnish, as required by the work and not at the expense of ADS Environmental Services, Inc., the following items: may be useful in the work involved the OWNER and audits, maps, in r the f ~les reports, under this contract. 2. Access to public and private property when required in performance of the services to be rendered by ADS. 3. The services of at least one of the OWNER's employees or staff (if needed) who wastewater sanitary treatment stations, the has the system and right force entry mains, wastewater s pump knowledge facilities. 4. Hall, meeting room, or auditorium space for public hearings and/or presentations, and the audio equipment and projection equipment required for such hearings or presentations. 5. Transport and treatment costs for inflow and infiltration for use in the Source Defect Analysis. 6. Any clean out caps are to be installed by consultant during field Inspection, providing City furnishes cleanout caps at the commencement of the project. 7. Water needed for cleaning lines prior to internal T.V. inspection (if required). 8. Facilities for dumping materials removed from the collection system during field inspection activities (if required). 9. Assistance in any removal efforts of cameras lodged in pipes during field inspection services (if required). 1 February 15, 1998 L ATTAC.HEW D I DENTON,TEXAS # Task Name ; 2nd Quarter 3rd Quarter _ - nth T Sep ct -May- Jun- Jb_F A 1 DENTON, TEXAS 2 Management - - - - 3 MobilizationlDemobilizatio 4 Above Ground Recon 5 Above Ground Inspection 6 Smoke Testing 7 Engineering & Data Analy 8 final Report w o 0 w m Crtlkal Noncrllkal r Complete Summary Edernal e Cd cal Milestone Noncrdkal Milestone ? Complete Milestone a Summary Milestone o E.lernal Mkillone Free Float ] Total Fbal I 1 Total Fbal Baseline Non-Resource Ei•::'s7 f Delay o Elbrt %Complete ADS ENVIRONMENTAL SERVICES, INC. Agenda No. 26- 017 Agenda Item Date APRIL 16, 1996 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager SUBJECT: CONSIDER WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DOUGLAS AND ASSOCIATES., INC. FOR WATER LINE OVERSIZE PARTICIPATION IN THE LOWE'S ADDITION FOR AN AMOUNT NOT TO EXCEED $23,833.00 RECOM ENDATIONt The Public Utilities Board recommends approval of the funding (agenda item attached). SUbIIdARYt When a developer extends water or sewer lines into an area, the developer is required by the City's Code of ordinances to install lines of sufficient size to serve the development. The City may request that the line be oversized to serve the general service area. BACRGROUNDt Lowe's is being constructed at the northeast corner of Loop 288 and Spencer Road. This development requires an 8 inch water line to serve it. The area will require 16 inch and 12 inch waterlines to serve future developments. It is recommended that the City participate in the construction of 310 feet of 16 inch and 1,029 feet of 12 inch waterline in place of 1,339 feet of 8 inch waterlines. Since the Public Utilities Board Meeting the developer has requested $4,800 of additional funding for two sixteen inch valves. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt City of Denton citizens, Water Department, Lowe's and Douglas and Associates Inc. FISCAL IMPACTt The estimated cost is $23,833. With this project the oversize waterline budget is $54,987 under budget. Agenda Nn Agenda Item RESPECTFULLY SUBMITTED: Rick Svehla, Acting City Manager Pr Iar d y I A --m /I F~ward Mari: in Director of Envir nmental Operations Appr/rd byr , Robert E. Nelson,-P.-E. Executive Director of Utilities Attachment Agreement March 18, 1996 Public Utilities Agenda Item 4enda No. 0 1 A0 nda~ 11~eln _ Date THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND HORNE PROPERTIES, UqC. COUNTY OF DENTON § 00-,)I0o -SSMC r'♦<5 Ll^G- WHEREAS, Marne Properties; f~c., hereafter referred to as "Developer," whose business address is 412 Executive Tower Drive Suite 205, Knoxville, Tennessee 37930-1769, wishes to develop and improve certain real property named Lowe's Addition attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate water capacity by designing, constructing and installing a water main of a minimum inside diameter of eight inches (8"), here- after referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas, 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: I 1. Developer shall design, install and construct a sixteen inch (16") water main and a twelve inch (12") water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities", located as shown on Exhibit I, attached hereto and incorporated herein by i reference, 2. As required by Chapter 34 of the Code of Ordinances of City of Denton,Texas, Developer shall enter into a Development Contract prior to beginning construction of the oversized facilities. This Development Contract shall be in substantially the same form as the Development Contract attached hereto as Exhibit II and incorporated herein by reference. This Agreement shall be subject to and governed by the Development Contract and any other applica- ble ordinances of City. 3. Prior to beginning construction of the oversLLed facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the oversized facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the KATER MAIN PARTICIPATION AGREEMENT / HORN'E PROPERTIES, INC. PAGE I Agenda No. Agenda Item Date oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. ' 4. City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City, and the cost of the oversized facilities, as determined by City, shall not be in an amount not to exceed Twenty Three Thousand Eight Hundred Thirty Three Dollars and No Cents ($23,833.00). City may elect one of the following methods to determine the City's share of the cost: a) The Developer shall prepare plans and specifications and furnish them to the City. City shall competitively bid the required line and the oversized facilities in accordance with Chapter 252 of the local government Code. The difference in the bids shall be used to determine the City's shave, subject to the City's maximum participation in cost as specified in this Agreement; or b) The Developer shall prepare plans and specifications and take bids on the required line and the oversized facilities. City shall pay Developer the least amount of the following: (1) The difference in the bids for the required line and the oversized facilities; (2) Thirty percent of the bid on the oversized facility, as provided for in Section 212.072 of the Loral Goverment Code; or (3) $23,833.00, the maximum participation cost al- lowed herein. City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the oversized facWdes; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the con- struction of the oversized facilities. 5. Within thirty (30) days of the acceptance of the facilities by City, Developer shall submit to the City's Director of Utilities the actual cost of the oversized facilities. Should the actual cost of the oversized facilities be less than the cost on which City's share was determined, City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for required facilities. To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors WATER MAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC. PAGE 2 Agenda No. Agenda ffe 03fe:`~ and shall have the right to require Developer to summit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. 6. Within sixty (60) days of the date the Developer submits satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer its share of the cost thereof. 7. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for the City at the address given above. 8. Developer shall indemnify and hold City harmless from any and all claims, damages, loss of liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement, and Developer will, at its own cost and expense, defend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of this Agreement, this Agreement shall terminate. 10. This instrument embodies the whole Agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein. This Agreement shall supersede all previous communications, representations or Agreements, either verbal or written, between the parties hereto. 11, This Agreement shall not be assigned by Developer without the express written consent of City, 12, Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this Agreement, shall be brought and maintained in a court of competent jurisdic- tion in Denton County, Texas. Executed this the day of , 19 Po-5l" n 9- ~fSOc.,kS r L (-L H DEVELOPER BY: S ,L WATER MAIN PARTICIPATION AGREEMENT / NORNE PROPERTIES, INC. PAGE 3 V 1( E I' 1 Agenda No, 6 AV.ija Item Date ATTEST: CITY OF DENTON BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM; HERBERT PROUTY, CITY ATTORNEY BY: CmPD0cm WATER PAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC. PAGE 4 i 1 T E i1~1 8 Agenda No. Agenda it m _ Date March 18, 19% PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R.E. Nelson, Executive Director of Utilities SUBJECT: CONSIDER WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND HORNE PROPERTIES, INC. FOR WATER LINE OVERSIZE PARTICIPATION IN THE LOWE'S ADDITION FOR AN AMOUNT NOT TO EXCEED $19,033.00. RECOMMENDATION: The Utilities Department Staff recommends approval of the request from Horne Properties, inc. ("Developer") that the City participate in the over sizing of a waterline in the Lowe's Addition. The cost for our participation is for an amount not to exceed $19,033.00. SUMMARY: When a developer extends water or sewer lines into an area, the developer is required by the City's Code of Ordinances to install water and sewer lines of sufficient size to serve the new area. The City may request that the subject lines be oversized to serve the general service area. The City may also participate in the cost of oversized water and sewer lines in accordance with Section 34-118(b)(2). Horne Properties, Inc, is developing the Lowe's Addition, a site north of Spencer and east of Loop 288. The development requires an 8" water line, and the City is requesting that a 16" and a 12" water line be installed to serve the general area. The 16" line will be extended approximately 310 feet and the 12" line 1,029 feet. BACKGROUND: In order to serve the area containing this development and future developments in this area, new 16 inch and 12 inch water lines are required. The proposed development requires an 8" water line. Therefore, it is recommended that the City participate in the over sizing from 8" to 16"and 8" to 12". Agenda No. Agenda Item Page 2 Date -o Horne Properties, Inc. The Developer has submitted a request for oversize participation. Their contractor estimated the cost for a 16" waterline to be $48 per linear foot, for a 12" waterline to be $22 per linear foot and $15 per linear foot for an 8" waterline. The maximum participation is based on their estimates. AGENCIES AFFECTED: Citizens of Denton, Denton Municipal Utilities and Horne Properties, Inc. FISCAL A4PACT: The estimated cost for our participation is $19,033. The amount of $100,000 is budgeted each year for over sizing of waterlines. A Financial Analysis is attached as Exhibit 11. The Capital Improvement Plan Detail Sheet is attached as Exhibit 111. Submitted by: & E, Robert E. Nelson Executive Director of Utilities Prepared by: &Wd P LAPF Gerald P. Cosgrove, P.E. Engineering Administrator Approved by: Howard Martin, Director Environmental Operations Exhibit 1. Participation Agreement It. Financial Analysis III. CIP Detail Sheet a~ ~ f t WATERLINE OVERSIZE PARTICIPATION LOWE'S @ LOOP 288 AND SPENCER ROAD / FUND ANALYSIS Agenda NoIQLO'y- Aptnda item~r~ Date WATER DISTRIBUTION (BOND) STATUS Dollars FUND SOURCE 96-0461-01 Budget $100,000 TOTAL FUNDS $100,000 EXPENDITURES Estates of Forrest6dge Section 11 Estimate $17,400 ACI Actual $3,780 lowe's Estimate $19,033 TOTAL EXPENDITURE3 $40,213 AMOUNT OVER!(UNDER) BUDGET ($59,787) 04loweED.WK3 Exhibit 11 r MJ100D97 962- Agenda Agenda No Item ~ Date y- &; PROJECT NO. CONTRACT NO. THE STATE OF TEXAS S DEVELOP RU CO CT COUNTY OF DENTON S Whereas, hereafter referred to as "Owner," whose business address is is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and whereas, as a condition to the beginning of construction of said development, a devalopment contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances; and [select applicable provision as follows] Whereas, the owner elects to construct the improvements without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or Agenda No. Agenda Item Date C Whereas, the owner elects to make such Improvements hereafter set forth by contracting with whose business address is referred to as ^ hereafter Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the improvements subject to this agreament, which will, upon completion and acceptance by the city, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSMW Am to the improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at the Ovner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. CoVenw of cent. Contractor agrees as follows: (a) To construct and install the Improvements in accordance with the procedures, contained in Division Ii and specifications and III of the CitXL Standard w as amended, and all addendums thereto Qr al I ordinances or specifications applicable to such improvements, such PACE 2 A;enda A~erda item Date specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of Ci&y EngiBler• Inspections Tests and Orders. That all work on the improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the city Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered rewved and replaced at Contractor's expense. Upon failure of the contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 Aperda No ~ AQvida Item9 Dateq---LL9= =l-~ (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Etandard specifications for Public Works Construction. North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) deans and H2thods of Qnstruction. That the means and methods of construction shall be such as Contractor say choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. RytuaL Covenants of Owner and Contractor. owner and Contractor mutually agree as follows: (a) Performance Bonds: Escrow haeament. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 i i i Agenda No. 9(n - _Z Agenda Item{-i Date L4 - ) L - CL (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion cf the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond. Assuranco of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (1001) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "ome lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written V fidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claimi for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 I Agenda No. Agenda Item Oate z - ^ material for, the construction of the improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage: Final Payments. (This provision (c) applies only where the owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree that the owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) ZnMMLhXAnM. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall becom,i the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 Agenda No. " b) Agenda Item lien, charge or encumbrance, in favor of the City, to ensure rayment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the city, in the amount of ten percent (101) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) IDAR nification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the city growing out of such injury or damage. (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the owner and Contractor as to the construction of the Improvements. PAGE 7 Agenda ND. 96- - Agenda item 3. Occupancy: one Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by Cityfe Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 r Agenda No.¢=b~__ Agenda Hem Date ~P. 6. Successor and Ass ans_. This contract shall be binding upon and inure to the benefit of the parties herato, their respective successors and assigns. Executed in triplicate this, day of -r 19_. OWNER CONTRACTOR BY: BY: CITY OF DENTON, TEXAS BY: CITY MANAGER ATTEST: JENNIFER HALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORK: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 9 AM019DE Agenda No.- Agenda~a Item 1~_/~_~~ Date ~/L. L~_ PROTECT NO. CONTRACT NO. PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL KEN BY THESE PRESENTS: COUNTY O' DENTON S That of County, Texas, hereinafter called Principal and a Corporation organized under the laws of the state of and authorized to do business in the State of Texas, here na ter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Kunicipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of tS 1 Dollars, lawful money of the United States, for the payment of which sun well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by these presents: THE Condition of this obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated the day of , 19 , in the proper performance of which the C ty of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, I PAGE ONE h IF 'gerida No Agenda Itern and durin the life of an Oate~~' 9 (D g any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain In full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the day of , 19 . PRINCIPAL SURETY BY: BY: ATTORNEY-IN-FACT ATTEST: SECRETARY NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, PAGE TWO AAA019DF Agenda Na Agenda Item i OateL ` PROJECT NO. CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S THAT of county, Texas, hereinafter called principal and a corporation organized under the laws of the State of and authorized to do business in the State of Texas, here nafter caller: "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "city", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of (S ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract Owner, dated the day of , 19 , i,,1 the proper performance of which the City of Denton, Texas, his an interest, a copy of which is hereto attached and made a part hereof, for the construction of: ~I PAGE ONE Agenda No - Agenda i!em 9op= NOW, THEREFORE, if the Principal shall well ,0 faithfully cause to be performed its duties and make or cause Contractor to make prompt payment to all persons, firms, sub- contractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further that if any legal action be tiled upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. ix wITNESB WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the of 29 day PRINCIPAL SURETY BY: BY: ATPORNEY-IN-FACT ATTEST: SECRETARY NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PACE TWO i AAA019DF Agenda NQ. Date Item Date PROJECT NO. CONTRACT NO. CONTRACTORS MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S COUNTY OF DENTON S XNOW ALL MEN By THESE PRESENTS: That of County, Texas, hereinafter called Principal and a Corporation organized under the laws of the State of and authorized to do business in the State of Texas, hereinafter called •Suretym, are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called City in the penal sus of Dollars, lawful money of the United States, the said sum being ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a -ertain contract with Owner, dated the day of 14 i the proper performance o[ which the C ty of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: PAGE ONE Agenda No.~s Agenda Item Date y- I(~.~(~ NOR, THEREFORE, If the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from i±wpropar excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. of fail work maintain, repair or ' reconstructs anyedefective n shall the to herein, it is agreed that the city may do said work and supply such materials as necessary and charge the sun against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any Banner affected from any cause during said time. I PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the day of , 19 PRINCIPAL SURE'L'Y BY: I _ BY: ATTORNEY-IN-FACT PAGE TWO r- 1 ;Agenda No. Agenda Item Date NOTE: POKER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: SECRETARY i PAGE THREE i AAA O'.3 D P Aienda No. (X;',. Agenda Item oate ^ Project No. Contract No. PAYMENT OF/ O LABOR AND MATERIAL POR IMPROVEMENTS (This fora say be used in lieu of a payment bond on contracts o: $50,000 or less as provided for in Chapt. 11, art. 3.07 (A)(4)(9) Of Appendix A of the Code of ordinances.) onp ovisibns of that certain Development Conti Pun uantid to Into the Mtween day of 19 herein as owner , ,isignated there n an referred to designated therein and referred to herein as "Contractor, an the C ity of Denton, Texas; Owner and Contractor hereby submit this affidavit, and state, under oath, the following.- That all contractors, subcontractors and other persons vho provided labor or furnished materials in connection with the construction of the "iaprovement•", as designa- ted in said Development Contract, have bean paid in full and that there are no claims, !lens, or encumbrances existing against said Improvements, er the land to which they are affixed. OWNER CONTRACTOR SUBSCRIBED AND SWORN To BEFORE ME this 19 by as Owner. day of NOTARY PUBLIC, STATE OF TEXAS SUBSCRIBED AND SWORN TO BEFORE ME this 19 by day of ,as Contractor. NOTARY PUBLIC, STATE OF TEXAS i i J:\HPDGCS\0R0\D0UGLA5.0RD Agenda No. - Agenaa Item ORDINANCE NO. Date r AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE THE WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND DOUGLAS AND ASSOCIATES, LLC; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Douglas and Associates, LLC, hereafter referred to as "Developer" wishes to develop and improve certain real property named Lowe's Addition located in the City of Denton, Texas and is designing, constructing and installing a water main of a minimum inside diameter of eight inches, hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as "City", in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute a Water Main cost Participation Agreement Between the City of Denton and Douglas and Associates, LLC under the terms and conditions contained in the Agreement attached hereto. SECTION II. That the expenditure of funds as set forth in the Agreement is hereby authorized. SECTIQIN III. That this ordinance shall become 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.,PROU'TY,-CITY-ATTORNEY [a~ z Agenda Item THE STATE OF TEXAS WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND HORNE PROPERTIES, INC. COUNTY OF DENTON WHEREAS, Home Propetties,-ktc., hereafter refereed to as "Developer," whose business address is 412 Executive Tower Drive Suite 205, Knoxville, Tennessee 37930-1769, wishes to develop and improve certain real property named Lowe's Addition attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate water capacity by designing, constructing and installing a water main of a minimum inside diameter of eight inches (8"), here- after referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East M; Kinney, Denton, Texas, 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: I. Developer shall design, install and construct a sixteen inch (16") water main and a twelve inch (12") water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities", located as shown on Exhibit I, attached hereto and incorporated herein by reference. 2. As required by Chapter 34 of the Code of Ordinances of City of Denton,Texas, Developer shall enter into a Development Contract prior to beginning construction of the oversized facilities. This Development Contract shall be in substantially the same form as the Development Contract attached hereto as Exhibit 11 and incorporated herein by r-ference. This Agreement shall be subject to and governed by the Development Contract and any otMr applica- ble ordinances of City. 3. Prior to beginning construction of the oversized facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the oversized facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the WATER MAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC. PAGE I 4-,iIJa ho~( ~ Agenda Item_ Date ^ oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 4. City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City, and the cost of the oversized facilities, as determined by City, shall not be in an amount not to exceed Twenty Three Thousand Eight Hundred Thirty Three Dollars and No Cents ($23,833.00). City may elect one of the following methods to determine the City's share of the cost: a) The Developer shall prepare plans and specifications and furnish them to the City. City shall competitively bid the required line and the oversized facilities in accordance with Chapter 252 of the Local Government Code. The difference in the bids shall be used to determine the City's share, subject to the City's maximum participation in cost as specified in this Agreement; or b) The Developer shall prepare plans and specifications and take bids on the required line and the oversized facilities. City shall pay Developer the least amount of the following: (1) The difference in the bids for the required line and the oversized facilities; (2) Thirty percent of the bid on the oversized facility, as provided for in Section 212.072 of the Local Government Code; or (3) $23,833.00, the maximum participation cost al- lowed herein. City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of materials, supplies or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; ditfereaces in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the con- struction of the oversized facilities. 5. Within thirty (30) days of the acceptance of the facilities by City, Developer shall submit to the City's Director of Utilities the actual cost of t'.re oversized facilities. Should the actual cost of the oversized facilities be less than the cost on which City's share was determined, City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for required facilities. To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors WATER MAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC. PAGE 2 lioa No !genda Item _q_2t_ 71 Dale---- 7l~ - and shall have the right to require Developer to summit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. 6. Withia sixty (60) days of the date the Developer submits satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer its ,hare of the cost thereof. 7. All Polices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for the City at the address given above. 8. Developer shall indemnify and hold City harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement, and Developer will, at its own cost and expense, defend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of this Agreement, this Agreement shall terminate. 10. This instrument embodies the whole Agreement of the parties hereto and there are no promises, terns, conditions or obligations other than those contained or incorporated herein. This Agreement shall supersede all previous communications, representations or Agreements, either verbal or written, between the parties hereto. 11. This Agreement shall not be assigned by Developer without the express written consent of City. 12. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this Agreement, shall be brought and maintained in a court of competent jurisdic- tion in Denton County, Texas. Executed this the day of 19 00-stp) L L- C_ IiE31i#I~T1~fI~. DEVELOPER WATER MAIN PARTICIPATION AGREEMENT / HORNE PROPERTIES, INC. PAGE 3 Agenda No. Agenda Item__._. ~^llo - 9 Date ATTEST: CITY OF DENTON BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM; HERBERT PROUTY, CITY ATTORNEY 1 BY: C WPDOCM WATER MAIN PARTICIPATION AGREEMENT / BORNE PROPERTIES, INC. PAGE 4 E:\MPDDCS\PES\NLC.R Agenda No. Q (o - 0 I7 Apenda Item D Date- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AMENDMENT TO THE BYLAWS OF THE NATIONAL LEAGUE OF CITIES PRCVIDING FOR THE FILLING OF CERTAIN VACANCIES IN OFFICE; AND PROVIDING AN EFFECTIVa DATE. WHEREAS, .he City of Denton is a member of the National League of Cities ("NLC"); and WHEREAS, the NLC Special Bylaws Committee has recommended an amendment to section 6 of Article III of the NLC Bylaws to modify and clarify the process for filling leadership vacancies; and WHEREAS, the City Council deems it in the public interest to approve this amendment to the Bylaws; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I That the City Council hereby approves the amendment to section 6 of Article III of the NLC Bylaws, as indicated in the attached memorandum from the NLC President, which memorandum is made a part of this resolution for all purposes and incorporated herein, and authorizes the Mayor to cast the City's ballot in favor of the attached amendment to the Bylaws. SECTION II. That the City Secretary is hereby directed to return the ballot in favor of the amendment to the NLC Bylaws on or before April 26, 1996. SECTION III That this resolution shall become 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. PROUTY,J CITY ATTORNEY BY: / I Ald c rllda NO.~~ Hglional 1301 Penns Y'rania A+e~ue N W OMirLrrufn ~I ~f1/8~8 f~~'L1 league Washington, DC PnsJ~da ~~$Ol U of 20004 'r~yo•y~5 use`" Cities (202) 6263000 uayld ~,mpyL Faa. 12021626 3043 rorvu Pnvda^r JAN S Scbwa•L March 14N, 1996 Celli Me"Gri06Anon. I DAianoma Saca.d We Prssdnl EII, ONee Carol k4vtw P1146,10i Pe'romi, w rrrvreA[M Past Aresrderrt Ca Von LOW Saris y~y/~p~~}~{ry CgrtofMOman-ra-i AIMms. QY3 RANM Enou6a Dww Din,l bona To: Mayors of Direct Member Cities Executive Directors of State Municipal Leagues From: Gregory S. Lashutka President Subject: Amendments to the NLC Bylaws At its July 14-15, 1995, meeting in Atlanta, the NLC Board of Directors accepted the report of a special Bylaws Committee which recommended one amendment to the NLC Bylaws. The Bylaws Committee, which was initially appointed in March 1993 by then- NLC President Donald M. Fraser, was asked in January 1995 by then-NLC President Carolyn Long Banks to reconvene to review procedures for election of NLC officers and for filling leadership vacancies. The committee was chaired by Past President Bob Bolen, former mayor of Fort Worth, Texas. This package includes specific language to amend the Bylaws, a ballot which most be XgtMed to 3ILC beadcnarters b7 April 26, 191, and a postage paid reply envelope to return your ballot by the deadline. Ballots may also be returned by fax at (262) 626-3143. However, if you return your ballot by fax, please do not mail the ballot. The proposed Bylaws Amendment is as follows: Amend Section 6 of Article III to modify and clarify the process for filling leadership vacancies. The recommended language is as follows (new language is underlined and deleted language is eressed-el A vacancy in the office of second vice president or other elected member of the Board of Directors shall be continue until a new qualified person is elected udder Article III, Section 5, unless it is filled for the unexpired term by a person sel@ ed by a majority vote )i /maids"Is D/mds E. IfCVd, 10i 0morroo. Fb.Ma • li Janos, Llay,. Newer. New M,i • Cady Parisi Car<ewoman or Largo D[nrr, COKOAd • Onniv a: Kamm Al.dVeu", Mayor, MiNN laMl. Mlmesas • Clavii C AntwonT. Maya. Soul" ear 1londe • KM 11181 Caailman P1 Large. Raa 1a1 Cny, III,~ • Cormli /"Im"i Emii plett,. MnsKAYH1Y M,ommi AseKatpn . Lama Maker, Cancs La.mbr. III Canlonra • 9di L. Hanamsbq, CON, COOri Pmldi eummgnam, Alabama • Lwcllle C. Moyesn. Counca VKL Pna4M, "WAII1r14. Marti Or Jan W. lull, DanC,Mpn. Dbnaoram Vvpr^.a • i T. Clars, Cuua4membeq Fail owing,. New Joey • Larry R, Cui Mara Amars. Iowa • Ani P. Dy", Manor. Tuscaloosa Alabama • Jan Fsmaro. Crtr Caaa Pei Los A,gales Calaom11 • 11181 NO Juama, Cane Mambar, slanlam View C.Irtomn lion FIMaIMNn, Faaabrs Dose,aa Aaaocnlnn " wo"mi Goes • Ps,l "I OrI ran Ylerne. Indana . James C Munl, LovM tlnenoar, Clan Wu•p Wral Y,rpnla Leda LSwmr.ca, Arem~rn, WSUUU W,Nensn • CNtlalopoer K,Mc Kanals,CW.I'la Orseri lugw of RanMl4un<panhes laraAT W'IM,eand, AMrman Plaudanr, LarIni IImrPLwT • pale M, gym, Mayan laaumonl. lna, • KemV M. Morris, Mara. San Mamo[. Tub • William F. Mway. Mara. Wnodrrdga, Ilpn,a • thermal C i Carley Pirelli Dransnd Pan, Kane, • DwM L. Parry, Si Mara i Tam, Plano. Tema, • Milli J. i FnCV9re DrWof iran.u Aa,anl.on d 1 ads Taons • Alto lChISIO el, Mara, lag Dsami Dragon • Larry L. lceOKa. Counolmnn. Iii. edge. li • WInaTOM lsarlae, Mal, Pro Tom, Ras lee South Can,ma • Judy Forlusan IAN, CovaJbroman, lVrsl". Iii • JoupN F, IInLMak, Mara. l Orw POI, IN , • JoMpA A./aasT E[KUnw Ormi TanryMN Mun,:VdlleagW • M"m ■.fixo. Couau.ana^ Pb4adarJa PsnnryTrsma . Ralore C. Thaoeold. Cwni M.m W,. i Jualion. Condo • Will E. TAOnlon, May,. San AMOny, Te.e • Jan R. TIIMM, EmV un.r D.mcror. S.i Dallas Muei l Lem" • Marcia Wranr, cii lramber. Jaci 0041,aYCp • Thomas L. WV Iii li Rangln M,Mgsn • Corps C. Wnlol, Jr. li Tri [ Dveaar Dwaaars Lague or Local Garammenn Ch"I C. Taneay. C,i Sci MASS Vnusenr • Don Elmrnennan, Emi Dnacla AM^ws Munerpa La gw Peryoed Par!• f A enda Na.~_ Agenda Item_/a___/L_.__ oala...~~^/ o ~ 9 Co Mayors of Direct Member cities Executive Directors of State Municipal Leagues March 140 1996 Page Two of the remaining members of the Board of Directors. proY44ed that + 44 A vacancy which occurs for a person serving as a member of the Board of Directors as a past president e s ceases to possess the essential qualifications provided in Section 4 hereof a vaeaney shall continue until a new, qualified retiring president assumes such position on the Board of Directors. The proposed changes in the first sentence are intended to give the Board of Directors more flexibility in dealing with leadership vacancies including the option of leaving a position vacant until the next regularly-scheduled election by the full membership. The changes in the second sentence relating to past president vacancies are proposed for clarification purposes. A copy of the Bylaws (amended as of June 12, 1994) is enclosed for your reference. It is extremely important that you exercise your voting right by casting your ballot. The number of votes you are entitled to cast is indicated on the enclosed ballot. Ballots received at NLC headquarters by April 26 will be tabulated and certified by two members of the Board of Directors and the resul'_s announced by mail early in May. If you have any questions about the proposed amendments, please contact Christine Becker, Deputy Executive Director, at (202) 626-3017. Enclosures r E:\WGDOCS\RES\BENAY:DE.R Agenda No. Agenda Item 1 , to 4 - I V -9(o RESOLUTION NO. I A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING TEODORO BENAVIDES AS CITY MANAGER FOR THE CITY OF DENTON; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR HIS TERMS OF EMPLOYMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 2.08 of the Charter of the City of Denton authorizes the City Council to appoint a City Manager; and WHEREAS, Article VI, Section 6.01 authorizes Council ro set the compensation for the City Manager. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That Teodoro Benavides is hereby appointed as City Manager of the City of Denton, Texas. SECTION II. That the Mayor is authorized to execute an agreement with Teodoro Benavides, providing for substantially the same terms of employment as provided in the attached agreement, a copy of which is attached hereto and incorporated by reference herein. SECTION III. That this resolution shall become 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. PROUTY, CITY ATTORNEY BY: vC, Agenda W. Agenda ! em - Uale EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1996, by and between the City of Denton, Texas, a municipal corporation of the State of Texas, hereinafter referred to as "City" and Teodoro Benavides. WITNESSETH: la. The City Council of the City of Denton hereby engages the employment services of Teodoro Benavides as City Manager of the City of Denton, Texas, to perform the functions and duties specified in the City Charter, the City Code, and the laws of the State of Texas, and to perform such other legally permis- sible and proper duties and functions as the City Manager shall from time to time assign. (Exhibit "A" - Job Descrip- tion.) The April 1, 1996 conditional offer letter is made a part of this Agreement. 2a. The City Council agrees to pay for his services a monthly base salary of $8,751.60 ($50.49 per hour) payable in installments at the same time as other employees of the City are paid. In addition to the above salary, the Council will make an annual payment (currently 4% of annual compensation) to the Internal City Management Association Retirement Corporation (ICMA-RC) on his behalf. For the 1995-96 budget year, the payment will be prorated over the number of months from his employment date. Ths City will also provide the City Manager a car allowance of $4,056 per year. 2b. The City Council agrees to pay for the benefits program of Teodoro Benavides. These benefits include health insurance, life insurance, long-term disability insurance, retirement under the Texas Municipal Retirement System, and other benefits as provided to other Council appointees of the City with the exception of vacation and sick time accrual. Teodoro Benavides will accrue vacation and sick time as if he were a five year employee. 3a. An annual performance review will be conducted by the City Council during the time set aside each year for other execu- tive appointees (currently April 15th). City Council agrees to increase said base salary, fringe, or other benefits in such amounts and to such an extent as the City Council may determine within the approved budget. The City Council may determine that it is desirable to adjust salary on the basis of the annual performance review made at the same time as similar consideration is given to other Council appointees. 3b. The City will provide for Teodoro Benavides' relocation to Denton under the standard relocation policies. He will accomplish the move to Denton, inside the city 1. its as soon as possible given his family's circumstances but no later than six months from beginning employment. Agenda No.~/(~ f - Agenda Item.ljD_6___ 4a. It is recognized that the City Manager has to0adevote a great deal of his time outside normal office hours to business of the City, and to that end, the City Manager will be allowed to take discretionary time off as he shall deem appropriate during said normal office hours; provided, however, the City Manager shall devote his entire time to the performance of the duties and shall not spend more than ten (10) hours per week in teaching, consulting, or other non-City connected business without the prior approval of the City Council. 4b. The City Council hereby agrees to budget and pay the travel and subsistence expenses of the City Manager for professional and official development and to adequately pursue necessary official and other functions for the City. 4c. The City Council also agrees to budget and pay (with the approval of the annual budget) for the travel and subsistence expenses of the City Manager for short courses, institutes, and seminars that are necessary for his professional develop- ment and for the good of the City of Denton. 4d. The City Council agrees to budget and pay (with the approval of the annual budget) the professional dues and subscriptions of the City Manager necessary for his continuation and full participation, including the holding of responsible offices in national, regional, state, and local associations and organi- zations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City of Denton. 5a. Before voluntarily resigning his position, the City Manager agrees to give the City Council at least thirty (30) days notice in writing of his intention to resign, stating the reasons therefor. 5b. The City Manager serves at the will and pleasure of the City Council. In the event of his involuntary separation as City Manager, he shall be entitled to receive a lump sum payment equal to six months aggregated salary; provided, however, that in the event of his termination because of his conviction for any offense involving moral turpitude or an illegal act involving personal gain to him, or as provided in Section 87.013 of the Local Government Code any act of incompetency, official misconduct, or intoxication on or off duty caused by drinking an alcoholic beverage; then, in those events, the City shall have no obligation to pay the aggregate severance sum designated herein. Sc. Involuntary separation as used in this paragraph means: (1) his discharge or dismissal by the City Council; or (2) his resignation following a reduction in salary or other financial benefits of the City Manager in a greater percentage than an Page 2 I Agenda Nn. 96--Q1- 1 - AVnd~a Item Date-CE46 applicable across-the-board reduction for all City employees; or (3) in the event the City refuses, following a written notice, to comply with any other provision benefiting the City Manager herein; or (4) the City Manager resigns, fallowing a suggestion, whether formal or informal, by the City Council that he resign. Then, in the event of one of these occurrenc- es listed above, the City Manager may, at his option, be deemed "terminated" at the date of such reduction in pay or such refusal to comply within the meaning and context of the herein severance pay provision. 6a. All provisions of the City Charter, City Code, and Rules and Regulations of the City adopted by the City Council relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to the City Manager as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of the City Manager, except as provided herein. The City Manager shall be entitled to receive the same vacation and sick leave benefits as are accorded other City Council appointees, including provisions governing accrual and payment therefor on termination of employment. 7a. This Agreement shall be: effective commencing and shall continue until terminate by either party as provided herein. IN WITNESS WHEREOF, the City has caused this Agreement to be signed in its name by the Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Mayor has hereunto set his hand and seal the day and year first above written. CITY MANAGER CITY OF DENTON, TEXAS BY: Teodoro Benavides Bob Castleberry, Mayor ATTEST: Jennifer Walters, City Secretary BY: Page 3 Agenda No LCD Agenda Item ra~--. APPROVED AS TO LEGAL FORM: Daly-=1-~ Herbert L. Prouty, City Attorney BY: lor 1;\MPD0C6\B\BBtUVIDB.R Page 4 Agenda No Agenda Itermn APPROVAL DATE REVISION DATE? PAY GRADE: - DEPARTMENT: Genera' Government DIVISION: General Govt JOB TITLE: City Manager JOB NUMBER: JN10 - TITLE OF IMMEDIATE SUPERVISOR: C t c 1 MAJOR DUTIES: o Enforces nances,nlaws administers governing muniipalities, and City Councilarter, City Ordi o Plans, coordinates, and directs the work of City departments, including City owned utilities, through delegation of autY•._ity and responsibility to executive directors and department directors. o Attends regularly scheduled and special meetings and participates actively recommends nl gislation and policies required in before the h public and discussion of matters coming interest. o Negotiates and recommenle awards of contracts for materials, equipment, and services. o eYeats with stimates, proposes directors an ne nualrbudgethforsthe Cityuwith ebalanced arevenues and expenditures. o Represents the City in a variety of meetings and public functions. o Appoints department heads, subordinate officers, employees and is the final reviewing authority on the termination of classified employees. o Meets with various subordinates randacoordinate departmental work programs. organizational pr o cPreares or onnection with Council coordinates meepreparation of all background matel in tings; attends and represents staffr at all sessions. o Reviews presentations ofe budget with itthe ems to executive Council staff; and conducts recommendations and work sessions. o Meete personally with or receives phone calla from citizens who desire information or have a complaint) investigates and ensures adequate responses. Reviews mail and proposes appropriate responses. o Heads h related to the municipality; facilitates problem reeolutinsl problem-solving and approves policies. Mercer/AAA017E9 Agenda No ~SG2_SJ~ _ Agenda Hern _ EXECUTIVE SECRETARY TO CITY MANAGER Revised: Date { Faa~~ o Ensures that executive directors motivate their subordinate departments and divisions to the highest level of performance; conducts annual reviews executive directors subordinate supervisors' and managers' appraisals. o Makes major changes in the structure, methods, procedures and work flows of city departments to reflect changes in mission, operational demands and relationships among departmental units. o Responsible for coordinating the short-range, long-range and strategic planing of all city departments. o Coordinates the activities of City government with other government agencies and performs other related duties as required. o Performs related duties as assigned by the City Council. HINIMUM OUALIFICATIONSt o Five-eight years of strong experience as a city manager, assistant city manager or deputy city manager. o Master's degree in public administration, business administration or related field. i o Valid Texas class "C" driver's license. Mercer/AAA017E9 i rcco~T Agenda No. ' Agenda item - Dale ''TT ` yv BOB CASTLEBERRY CITY OF DENTON MAYOR 7iS EAST McKNNEY 51MET DENMN, TEXAS 762D1 Mr. Teodoro Benavides Original Via First Class Mail 6157 Berwyn Lane Via Fax #214-670-0747 Dallas, TX 75214 SUBJECT: OFFER OF EMPLOYMENT AS CITY MANAGER Ted, on behalf of the City Council, congratulations on beini selected as our new City Manager. We are looking forward to your arrival here in Denton and beginning the important work of managing our City in a professional and highly effective manner. Your backgrr,jnd and experience are ;ndicative of the high quality in which we are expecting the City to be manageu. This is to confirm the conversations you had with Jerry OIdani concerning the conditional offer of employment as authorized by the City Council: 1. The initial base salary is $8,751.60 per month ($50,49 per hour). The City Council will review your performance annually ;written) and consider a salary adjustment at that time. This has typiizlly been conducted in November or December with an effective date as established for other Council appointees (currently April 15th). 2. In addition to the above salary, the Council will make an annual payment to die International City Management Association Retirement Corporation (ICMA-RC) on your behalf. The current payment is 4% of annual compensation. These are tax deferred and the ICMA-RC offers several investment options. For the 1995/96 budget year, the payment will be prorated over the number of months from employment date. 3. The City will also provide a car allowance of $4,045 per year. However, if you chose, you may have the City lease an American made vehicle. As a City-owned vehicle, this option would include maintenance, gas, etc. 4. The benefit program afforded other executive employees will apply, This was oatlined in the summary of benefits provided to you and as was "W~2 Nu T. Benavides - Offer of Employment Agenda ftem_41_C)~_ _Y Page 2 Late explained during your visit to Denton. These ber:efits include medical insurance, life insurance, long-term disability insurance, participation in April 1, 1996 the Texas Municipal Retirement System (TMRS), etc. The one exception to the executive benefit program is that your vacation and sick leave will accrue as if you were a five year employee. You were provided comprehensive information on the benefits program, please contact Tom Minck, Director of Human Resources, should you have additional questions. All benefits will be more fully explained when you begin employment. 5. The City will provide for your relocation to Denton under the standard relocation policy attached. It is anticipated that you will accomplish the move to Denton as soon as possible given your family's circumstances. 6. Training and continuing Manager's budget and considered by thee City Council l each year wiithCthe approval of the annual budget. 7. You have agreed to begin employment with the City as soon as possible but no later than May 15, 1996. This offer is conditional on: 1. Reviewing driver's license record. 2. Completing a medical physical examination (paid by the City). 3. Providing 1-9 information required by the Immigration Reform and Control Act. 4. Passing a drug screen prior to your start date as required by our City's Drug and Alcohol Free Workplace policy. If you are in agreement with the elements of this conditional offer, please sign below, fax return to 817-566-8348 to Tom YJinck, and return the original by mail. A more detailed employment agreement will be drawn up incorporating all these points and the six month severance clause we've agreed to. That agreement will be adopted by the City Council by resolution at a subsequent meeting. Ted, 1 know the City Council members were extremely impressed with your background and experience in the city management field. It is our belief that your Dallas experience will serve our community very well as we face new challenges over the coming years. The Council members also indicated that your style of communication and your description of your role as City Manager were important considerations in seeing you as the right fit for the City of Denton. agenda No. T. Benavides - Offer of Employment Agenda Item Page 3 Date. Again, we are anticipating the arrival of you, Valarie, and Russell as you now become a part of Denton. Please feel free to contact terry Oldani or Tom Klinck with any question or needed information. Please let me know if I can provide additional information or answer a question. Thank you. Sincerely, Bob Castleberry Mayor 1996 April I T. Benavides - Offer of Employment wa N°' ~o - Page 4 ~ger+da Item Date I agree to the City Council's offer of employment as City Manager for the City of Denton, Texas. Ted Benavides Date Uelet961.wpo 31311% Agenda No. quo -DI '7 Agenda Item e Date 4~-1(0-~?!0 CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE 817-566.8309 Office of the City Secretary MEMORANDUM DATE: April 11, 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: Keep Denton Beautiful Board - Luanne Hicks has resigned. Thin is a nomination for Council Member Brock. If you require any further information, please let me know. J 1A J n •er -Winters C t Secr ary ACCOOOF4 ' I 'Dedicated ro Quality Smice"