HomeMy WebLinkAbout05-21-1996
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CITY COUNCIL AGENDA PACKET
May 21, 1996
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Agenda Ne, 9b - Q2
AGENDA Agenda Item
CITY OF DENTON CITY COUNCIL/
May 21, 1996 Date
Closed Meeting of the City of Denton City Council on Tuesday, May
21, 1996 at 5:45 p.m. in the Civil Defense Room of City Hall, 215
E. McKinney, Denton, Texas, at which the following items will be
considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
1. Closed Meeting:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate Under TEX. GOV'T CODE Sec. 551.072
1. 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, May
210 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 April 2, 91 10, 16, and
23, 1996.
3. Presentation fron Strickland Middle School Class 8-3 (Zan
Austin, t-acher) of their Keep Texas Beautiful Awarding
Winning Project, "An Environmental Guide for Kids: Denton
2000-Our Home, Our Environment."
4. Citizen Reports
A. Receive a citizen report from Rick Gibbons regarding the
Community Development Advisory Committee's $0 allocation
for "Starting Over, Inc.".
B. Receive a citizen report from Nell Lights regarding the
flood plan, debris from the concrete company near her
home, pollution and ditches.
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City of Denton City Council Agenda
May 211 1996 Agenda No. oc\~
Page 2 Agenda Item
Date
5. nitizen Request3
A. Consider a request from J. Mike Riley for an exception to
the noise ordinance from Thursday, July 4 - Saturday,
July 6 until 12:00 midnight at the North Texas State
Fairgrounds for the Pro Youth Rodeo Association.
6. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance rezoning 21.62 acres to the Single Family-16
(SF-16) zoning district. The site, known as Estates of
Forrestridge Sec. II, is located at the western terminus
of E1 Paseo Drive. (The Planning and zoning commission
recommends approval 6-0.)
H. Hold a public hearing and consider adoption of an
ordinance rezoning 1.63 acres to the Two Family (2F)
zoning district from the Single Family-16 (SF-16) zoning
district. The property is located on the east side of
Lillian Miller Parkway, approximately 350 feet north of
Southridge Drive. (The Planning and Zoning commission
recommends approval 6-0.)
C. Hold a public hearing and consider adoption of an
ordinance amending Section 33-47 of the Code of
Ordinances to remove retesting requirements for renewal
of sign licenses. (The Planning and zoning commission
recommends approval 6-0.)
7. Variances
A. Consider a variance to Section 34-114 (13) (c) of the Code
of Ordinances [private street paving standards] for the
Tower Addition. The site is located near the east side
of Mayhill Road, approximately 1,800 feet north of
Treatment Plant Road. (The Planning and Zoning
Commission recommends approval 6-0.)
8. Consent Agenda
Each of these items is recommended by the staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are bids and purchase orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 9.A,
9.131 9.C). This listing is provided on the Consent Agenda to allow
Council Members to Wicuss or withdraw an item prior to approval of
the Consent Agenda. A citizen may not speak or fill out a "request
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City of Denton City Council Agenda Ai4enda No. C t
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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 01887 - Police Motorcycles
2. Bid 11889 - Ambulances
3. Bid 01893 - Drainage channel vegetation Management
4. P.O. 0650D2 - Integrated Computer Systems
5. P.O. 065209 - Physio Control
9. 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 118871
7.A.2. - Bid 01889)
B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (7.A.3. - Bid 01893)
C. Consider adoption of an ordinance providing for the
expenditure of funds for purchases of materials or
equipment which are available from one source in
accordance with the provisions of state law exempting
such purchases from requirements of competitive bids.
(7.A.4. - P.O. 165002, 7.A.5. - P.O. 165209)
10. Ordinances
A. Consider adoption of an ordinance authorizing the Mayor
to execute a contract between the City of Denton and the
Kansas City Southern Railroad Company for wire crossing.
B. Consider adoption of an ordinance amending Ordinance 96-
043 by changing the SR and SRW rates for residential
wastewater service to revise the methodology for
determining residential wastewater rates; and authorizing
credits for residential wastewater customers. (The
Public Utilities Board recommends approval.)
C. Consider adoption of an ordinance authorizing the City
Manager to execute an amendment to the professional
services agreement with Resource Management International
by adding a task order and authorizing additional
compensation.
D. Consider adoption of an ordinance authorizing the City
Manager to execute an amendment to the commercial lease
agreement between the City of Denton and AvionicL
International Supply, Inc. (The Airport Advisory Board
recommends approval.)
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City of Denton City Council Agenda C D .
May 21, 1996 Ai"-wada No.
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Agenda Item /
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11. Resolutions
A. Consider approval of a resolution authorizing the
submission of an application to the Criminal Justice
Division of the Office of the Governor, State of Texas,
requesting funding for one juvenile/domestic violence
investigator and associated training and equipment for a
Family Services Unit.
B. Consider approval of a resolution authorizing the City
Manager to sign and submit to the Department of Housing
and Urban Development, a 1996 Action Plan for Housing and
Community Development with appropriate certifications, as
authorized and required by the Housing and Community
Development Act of 1974, as amended; and the National
Affordable Housing Act of 1990, as amended. (The
Community Development Advisory Committee recommends
approval.)
12. Consider nominations/appointments to the Keep Denton Beautiful
Board, the Development Policy Committee, the Vision Project
Cabinet and the Data Processing Board.
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.
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
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City of Denton City Council Agenda f "114
May 21, 1996 Agenda No. l -
Page 5
Agenda Item
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NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TOD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARYfS OFFICE.
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Agenda N0,
CITY OF DENTON CITY COUNCIL MINUTES Agenda Item
April 2, 1995 Date
The Council convened into a Closed Meeting on Tuesday, April 2,
1996 at 5:45 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council discussed the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered the retention of outside counsel for the
Johnson/McCoy lawsuit.
2. Considered settlement offer in GTE v. City of
Denton. et al.
3. 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. 551.0;2
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
1. Discussed City Manager finalists and considered
offer of employment.
The Council convened into a Regular Meeting on Tuesday, April 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 to the U. S. and Texas flags.
2. The Council considered approval of the minutes of December 5,
12, 13, and 19, 1995.
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City of Denton City Council Minutes AQenda!!o.
April 2, 1996 Agenda '
Page 2 Date
Biles motioned, Krueger seconded to approve the minutes as
presented. On roll vote, Miller "aye", Young ''aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Council considered Item 112.
12. The Council took the following official action on closed
Meeting Items:
Miller motioned. Brock seconded that the City Council enter into an
employment agreement with Ted Benavides as city Manager for the
City of Denton with an initial starting salary of $105,019.20 with
other benefits and conditions of employment as discussed in the
offer letter accepted by Mr. Benavides. On roll vote, Miller "aye",
Young Olaye", Cott 10aye", Krueger "aye", Brock "aye", Biles Ifaye'f,
and Mayor Castleberry "aye". Motion carried unanimously.
3. Resolution of Appreciation
A. The Council considered approval of a resolution of
appreciation for Floyd Halbert.
The following resolution was considered:
RESOLUTION OF APPRECIATION FOR FLOYD HALBERT
Brock motioned, Miller seconded to approve the resolution. On roll
vote, Miller "aye", Young "aye", Cott 10aye", Krueger "aye", Brock
"aye t', Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry presented the following proclamations:
Fair Housing Month
National Community Development YTpek
Keep American Beautiful Month /Glad Bag-A-Thon Spring Clean-up
Day
Mayor Castleberry presented the Yard of the Month Awards:
Meg and Chuck Williams
Jim and Janis Wohlgemuth
Lautette and Ralph Woods
Tetco Mobile 1401
Amy's Place Tow,ihomes
4. Citizen Reports
A. The Council received a citizen report from Dessie Goodson
regarding streets and other related issues.
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City of Denton City Council Minutes Agenda No, ~ V
April 2, 1996 Abend Item
Page 3 Date Ms. Goodson thanked Veronica Rolen for letting her know that the
city checked on the drainage problem on Greg and Amarillo. She
suggested the Council Members ride the trolley and know what the
riders went through. She detailed several problems she experienced
when riding the trolleys. There was no one who would deny her the
right to speak. She asked why the claims adjustor only
her claim forms. He did not know that there were other claims.
She asked why Denton refused to acknowledge that there was a
homeless problem in Denton. Denton could refurbish an old theater
but could not do anything for the homeless in Denton. Denton
needed to take care of its
people stay at her home as there was nogplacetfore them to melees
Denton.
go in
Council Member Young felt that the homeless in Denton was not a big
problem. Most of the homeless were transits moving through Denton
going to other places.
5, Consent Agenda
Council Member Krueger left the meeting,
Mayor Castleberry indicated that Joe Dodd had submitted a Speaker
Card for this item.
Mr. Dodd questioned the land exchange listed on the consent Agenda.
This was part of a larger landfill purchase which he felt had gone
past the limit the Charter allowed. This exchange was about a
microwave tower. He hopAd there was no way in this agreement that
the city y.I'e its righ* to object if the new location of the tower
caused proL2ema with the cable programming in the area.
Biles motio M121er Young eseconded to approve the consent Agenda. On
roll votaye~~, and "aMayor Young "aell
Bales
berr Cott„ "aye0t, Brock "aye,,
unanimously, Y aye Motion carried
A. Bids and Purchase orders:
1. Bid 11880 - Sycamore Street 611 Water Line
2, P.O. 063388 - Mahanay International
3. Bid 01870 - Renovation to the American Legion
Building
4. Bid 11872 - Exchange of Land
6. Consent Agenda ordinances
The Council considered the Consent Agenda Ordinances 6A-6C.
motioned, Biles seconded to adopt the ordinances, on roll vote,
Miller "a Brock,
and Mr ye'$, elver 10ayelf, Cott "aye", Brock "aye", Biles "aye",
y "aye$'. Motion carried unanimously.
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City of Denton City Council Minutes Agenda No. ~O
April 2, 1996 Agenda Item
Page 4 _ c1
Date
A. 96-073
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.1. - Bid 118801 5.A.3. - Bid 11870)
B. NO. 96-074
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
G SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEM2TING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.2. - P.O.
163388)
C. NO. 96-075
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT
PROVIDING FOR THE EXCHANGE OF CERTAIN REAL ESTATE ON THE EAST
SIDE OF MAYHILL ROAD OWNED BY THE CITY OF DENTON; FOR PROPERTY
NEXT TO THE CITY OF DENTON LANDFILL OWNED BY ABNER, INC.; AND
PROVIDING FOR AN EFFECTIVE DATE. (5.A.4. - Bid 11872)
7. ordinances
A. The Council considered adoption of an ordinance
authorizing assignment pay for Fire Department employee in the
classification of Captain who was also assigned to perform the
duties of Information Management Coordinator.
Ross Chadwick, Fire Chief, utated that this ordinance would
authorize R budgeted position for a Fire Captain who was presently
the Communications Supervisor. This assignment pay would be
effective April 1, 1996.
The following ordinance was considered:
NO. 96-076
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEE IN THE CLASSIFICATION OF CAPTAIN WHO IS ALSO ASSIGNED
TO PERFORM THE DUTIES OF INFORMATION MANAGEMENT COORLINATOR;
Atli! PROVIDING AN EFFECTIVE DATE.
Biles motion=ed, Brock seconded to adopt the ordinance. On roll
vote, Miller "ayelt, Young "aye", Cott 'Gaye'', Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance
authorizing the city Manager to execute a contract between the City
and Hazel White Curray for the purchase of real property for
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City of Denton City Council Minutes Agenda Ito
April 2, 1996 z~
Page 5 Date.
landfill purposes.
Bob Nelson, Executive Director for Utilities, s;.ated that this was
a small tract of property next to the landfill.
The following ordinance was considered:
NO. 96-07'7
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND HAZEL
WHITE CURRAY FOR THE PURCHASE OF REAL PROPERTY FOR LANDFILL
PURPOSES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Cott motioned, Brock seconded to adopt the ordinance. On roil vote,
Miller "aye", Young $'aye", Cott "aye", Brock "aye", Biles "ayelt,
and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance
authorizing the filing of an application with the Department of
Transportation, United States of America, for a grant under the
Urban Mass Transportation Act of 1964, as amended.
Joseph Portugal, Assistant to the City Manager, stated that
approval of the ordinance would authorize the City Manager to
submit an application to the U.S. Department of Transportation
Federal Transit Administration for urbanized area formula
programmed funds. The application was for $353,000 which was the
maximum amount of funding. This represented a reduction in
overall funding from last year but it was felt that effective
transportation services could still be provided. Staff would
continue to research for additional funding and would continue to
pursue all opportunities.
Council Member Young asked if there would be money for benches and
covers at the SPAN stops.
Portugal stated that a number of the high boarding count areas on
the five fixed routes had been identified for the need of benches
and shelters.
Council Member Cott stated that this showed an increase in services
with a decrease in money.
Portugal stated that the demand for service was increasing while
the Federal money was decreasing.
Council Member Cott asked how the City would provide larger service
with lower income.
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City of Denton City Council Minutes Agenda Ile
April 2, 1996 Date"
Page 6
Portugal stated that that would probably be a policy issue for
council to consider during budget discussions. There might be the
possibility of increasing the City's contribution through the
General Fund.
Council Member Cott asked how much General Fund dollars were
needed.
Portugal stated that he was not sure at this point in time. The
best idea was to exhaust every opportunity with grants to meet the
threshold and present the information during the budget
discussions.
Council Member Cott asked what would happen if the service remained
the same.
Portugal stated that of tre threshold of last year, the Federal
government allotted $215,000 of this grant for operations.
Currently the City was at $142,000 which was 66% of what was
received in the grant year 1995-96. Ridership was increasing and
in order to meet the threshol3, the City would have to have the
same amount of money as last year but that was not going to happen.
Council Member Cott asked how much money was needed out of the
General Fund.
Acting City Manager Svehla stated that the difference between last
year and this year was $160,000. There might be other ways to
obtain Federal funding, reduce SPAN operations, rr.ise fees or other
funds which were not Federal.
The following ordinance was considered:
NO. 96-078
AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A
GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Biles seconded to adopt the ordinance.
Mayor Castleberry indicated that Joe Dodd had completed a Speaker
card on this item.
Mr. Dodd stated he had been riding the buses in Denton since his
truck quit working. The drivers were very courteous but lonely.
He was lonely on the bus as there were not many riders on the
buses. Usually it was only he and the driver. He suggested the
council reconsider before expanding the system.
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City of Denton City Council Minutes Agenda No.~
April 2, 1996 Agenda 1 e
Page 7 Date
Mayor Castleberry indicated that Dessie Goodson had completed a
Speaker Card.
Ms. Goodson stated that a newspaper article indicated that the City
had received $442,000 in transportation grant money in this fiscal
year and the funding was used to pay for one new vehicle at an
estimated cost of $100,000. She asked what was done with the rest
of the money. She knew that the trolleys were not up-to-date. She
asked how much of the money was going to be used to update the
trollies and the trolley stops. The City was not using the money
for what it should be used for. SPAN had a management problem and
it would not get better until the management was changed.
On roll vote, Miller "aye", Young "aye", Cott "nay", Brock 'taye",
Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-
1 vote.
D. The Council considered adoption of an ordinance
establishing a bicycle lane on the east side of Forrestridge Drive
between Hobson Lane and Ryan Road. (The Traffic Safety Commission
recommended approval.)
Jerry Clark, Director of Transportation and Engineering, stated
that this ordinance was the request of the Forrestridge
Neighborhood to place a bicycle lane between Ryan Road and Hobson
Lane. There was an active walking populatic-ii to Eureka Park and
children walking to Sam Houston School. This lane would replace a
parking lane with a two-way bicycle lane.
The following ordinance was considered:
NO. 96-079
AN ORDINANCE ESTABLISHING A BICYCLE LANE ON THE EAST SIDE OF
FORRESTRIDGE DRIVE BETWEEN HOBSON LANE AND RYAN ROAD;
PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Cott seconded to adopt the ordinance. on roll
vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles
"aye's, and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance which
prohibited the parking of vehicles on certain portions of
Georgetown Street. (The Traffic Safety Commission recommended
approval.)
Jerry Clark, Director of Transportation and Engineering, stated
that this was an area of Georgetown and University with recent
development. This was an active traffic area with residential
traffic. This ordinance would eliminate parking which narrowed the
lanes and would eliminate people crossing in the area. This
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April 2, 1996 Agenda Ite
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proposal was requested by the neighborhood to the north.
The following ordinance as considered:
NO. 96-080
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE
PARKING OF VEHICLES ON CERTAIN PORTIONS OF GEORGETOWN STREET;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00); PROVIDING A SFVERABILITY CLAUSE; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. on roll
vote, Miller "aye", Young "aye", Cott "aye", Brock "aye'v, Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance which
prohibited the parking of vehicles on certain portions of Cornell
Lane. (The Traffic Safety Commission recommended approval.)
Jerry Clark, Director for Transportation and Engineering, stated
that this was a similar situation as the previous ordinance. The
area had developed quickly and this was an attempt to make the
entrance to the intersection as clean as possible for increased
safety.
The following ordinance was considered:
NO. 96-081
AN ORDINA.CE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE
PARKING OF VEHICLES ON CERTAIN PORTIONS OF CORNELL LANE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING
AL ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOA PUBLICATION;
AND DECLARING AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
voto, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles
"ayts", and Mayor Castleberry "aye". Motion carried unanimously.
G. The Council considered adoption of an ordinance which
prohibited the parking of vehicles on certain portions of Oakland
Street. (The Traffic Safety commission recommended approval.)
Jerry Clark, Director of Transportation and Engineering, stated
that this was a request of the neighborhood across from TWU. Staff
and students used the area in front of the homes for parking which
added congestion to the area. All of the residents in the area
recommended approval. This proposal would improve the quality of
life for residents in the area and would not have a negative impact
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April 2, 1996 Agenda No
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Agenda Item' -
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in traffic.
The following ordinance was considered:
NO. 96-082
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE
PARKING OF VEHICLES ON CERTAIN PORTIONS OF OAKLAND 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.
Biles motioned, Young seconded to adopt. On roll vote, Miller
"aye", Young "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
H. The Council considered adoption of an ordinance
authorizing the Acting City Manager to execute a contract with the
Denton Independent School District and all additional documents and
agreements, as required, to obtain funding for the 1996 summer food
service program.
Ed Hodney, Director of Parks and Recreation, stated that this
ordinance would authorize the City's participation for the fifth
straight year in the summer food service program. The Federal
government funded the program 100% and the City would contract with
the DISD to provide the lunches.
The following ordinance was considered:
NO. 96-083
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
ACTING CITY MANAGER TO EXECUTE A CONTRACT WITH THE DENTON
INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AND
AGREEMENTS, AS REQUIRED, TO OBTAIN FUNDING FOR THE 1996 SUMMER
FOOD SERVICE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO
ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
1. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Deloitte and Touche, L.L.P. for an independent
audit. (The Audit committee recommended continuance of Deloitte
and Touche, L.L.P. audit services for the current fiscal year
ending September 30, 1996.)
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City of Denton City Council Minutes Agenda No. C'
April 2, 1996 Agenda Item
Page 10 Date
Susan Croff, Internal Auditor, stated that this was the annual
contract for the City's independent audit. In 1992 the City
accepted a five year prel,-.,sal from Deloitte and Touche. This
contract represented the city's commitment to that proposal for the
current year. The Audit Committee and staff recommended approval
and acceptance of the contract. The services would be provided
without the assistance of the Internal Auditor.
Council Member Cott asked if the contract covered the Utility
Company and the General Fund.
Croff stated that the firm would audit the entire organization
including utilities.
Mayor Pro Tem Biles stated that during the Audit Committee
discussion of this issue, several points were made about the amount
of time the Internal Auditor was expending and its impact on the
fee. The hours spent by the Internal Auditor were going to be
decreased and a fee paid to tho outside firm. He asked if this
contract reflected that.
Croff stated that the agreement was written so as to allow
flexibility with the hours.
Mayor Pro rem Biles stated that the contract indicated that the
contract fee would be $33,700. The fees were dependent upon the
auditor receiving 150 hours of assistance from the Internal
Auditor. However, the last page of the letter to Kathy DuBose
indicated that the fee would be $35,100 and would be dependent on
receiving 250 hours of assistance for the Internal Auditor.
Without that assistance, the fee would be $43,700. That was a
difference of 100 hours of the Internal Auditor's work.
Croff stated that the way the contract was written, she could work
250 hours and if those hours were not worked, the fee would be
$43,000.
Mayor Pro Tem Biles asked if the contract was authorizing 150 or
250 hours of her time.
Croff stated that it would be up to 250 hours and was figured on
dollars per hour depending on the work she did.
City Attorney Prouty stated that the hours should be 250 and the
fee should be $35,100.
Mayor Pro Tem Biles stated that the Audit Committee felt that the
Internal Auditor's time would be better spent on other areas and
not doing the audit.
Croff replied correct and that was why the contact indicated that
if she did not spend the hours, the fee was increased.
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City of Denton city Council Minutes Agenda No,
April 2, 1996 *--Agend Page 11 Date tem _
Date
The following ordinance was considered:
NO. 96-084
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
DENTON AND DELOITTE AND TOUCHE LLP FOR AN INDEPENDENT AUDIT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
voteMiller "aye", Young "aye", Cott "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
J. The Council considered adoption of an ordinance amending
Ordinance No. 94-183, as amended, and Section 2-29 of the Code of
Ordinances of the City of Denton, Texas relating to the Rules of
Procedure of the City Council of the City of Denton, Texas, by
providing certain rules establishing the order of business and
clarifying time limits on presentations by citizens before the City
Council.
Herb Prouty, City Attorney, stated that this ordinance amended the
Council's Rules of Procedure. It formalized the procedure already
in place by creating an Agenda Committee composed of the Mayor, one
other member of the City Council and the City Manager who would
review and approve the Council agendas. The ordinance also created
time limits not to exceed five minutes for citizen reports on all
items at any one meeting, five minutes for all public hearing items
and three minutes on all other items. There would be no right to
speak on Consent Agenda items by citizens unless the item had been
pulled by a Council Member. Citizens would also not be allowed to
speak on other citizen reports at the same meeting. It also
carried over the requirement that during a Work Session a citizen
would not be allowed to speak unless the Mayor allowed such.
The following ordinance was considered:
NO. 96-085
AN ORDINANCE AMENDING ORDINANCE NO. 94-183, AS AMENDED, AND
SECTION 2-29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL
OF THE CITY OF DENTON, TEXAS, BY PROVIDING CERTAIN RULES
ESTABLISHING THE ORDER OF BUSINESS AND CLARIFYING TIME LIMITS
ON PRESENTATIONS BY CITIZENS BEFORE THE CITY COUNCIL; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", C(-tt "aye" Brack "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
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City of Denton City Council Minutes Agenda No.
April 2, 1996 Agenda Ile
Page 12 Date"
Mayor Castleberry indicated that Joe Dodd had presented a Speaker
Card on this item.
Joe Dodd felt that government tended to do wicked things in work
Sessions and as Dentonfs Work Sessions were done in open session,
that did not happen. The other area where wicked things were done
was in the Consent Agenda. With the change in the procedure for
the Consent Agenda, the ability of the citizen to say something
about the Consent Agenda was gone. Two doors for public input were
being closed with the change in the Consent Agenda and the change
in not sp,-,aking on Citizen Reports.
K. The Council considered adoption of an ordinance
authorizing the Mayor to execute the second addendum to the lease
between the City of Denton ind the Denton Chamber of Commerce.
City Attorney Prouty stated that this was an amendment to the lease
of City property for the Chamber of Commerce building. The
existing lease would be extended for an additional 25 years for $1
per year and ensured that the property would be kept properly
insured during the term of the lease.
The following ordinance was considered:
NO. 96-066
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO
EXECUTE THE SECOND ADDENDUM TO THE LEASE BETWEEN THE CITY OF
DENTON AND THE DENTON CHAMBER OF COMMERCE; AND PROVIDING AN
EFFECTIVE DATE.
Biles motioned Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
S. Resolutions
A. The Council considered approval of a resolution approving
an agreement and resolution of the City of Denton Industrial
Development Authority with respect to the issuance of bonds for
Hartzell Manufacturing, Incorporated.
Kathy DuBose, Executive Director for Finance, stated that this
resolution would authorize the issuance of $2 million of industrial
revenue bonds. The Industrial Development Authority held a public
hearing on the proposal with no public input received.
The following resolution was considered:
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City of Denton City Council Minutes Agenda No.
April 2, 1996 Agenda ise
Page 13 Date
NO. R96-016
A RESOLUTION APPROVING AN AGREEMENT AND RESOLUTION OF THE CITY
OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY WITH RESPECT TO THE
ISSUANCE OF BONDS FOR HARTZELL MANUFACTURING, INCORPORATED;
AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Young seconded to approve the resolution. On roll
vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles
"aye", and mayor Castleberry "aye". Motion carried unanimously.
9. The Council considered nominations/appointments to City Boards
and Commissions.
Joanna Deonath was nominated at an aarlier meeting by Council
Member Cott for the Downtown Advisory Board. On roll vote, Miller
"aye", Young "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
L. T. Hensley was nominated at an earlier meeting by Council Member
Young for the Cable T. V. Advisory Board. On roll vote, Miller
"aye", Young "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
There was no nomination for the Keep Denton Beautiful Board.
10. Vision Update
There was no Update at this meeting.
11. Miscellaneous matters from the City Manager.
Acting City Manager Svehla reminded the Council of the delegation
from Mexico which would be at the City on Friday.
13. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Brock reminded the Council of their Adopt-
A-Spot clean-up on April 20th.
B. Council Member Brock stated that an invitation had been
extended to be in the Sesquicentennial Celebration Parade on April
13th.
C. Council Member Young reminded Council of the April 6th
Easter Egg hunt in Fred Moore Park.
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No.
City of Denton City Council Minutes Agenda item No.#,
April 2, 1996 Agenda item _
Page 14 bate 0.
D. Mayor Castleberry requested an update on the voice mail
system for Council Members and an evaluation of activity.
14. The Council convened into a continuation of 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
With no further business, the meeting was adjourned.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
i
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO02FB
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AgenAltem4
AgenCITYOF DENTON CITY COUNCIL MINUTES Date April 9, 1996
The council convened into a Closed Meeting on Tuesday, April 9,
1946 at 5:15 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council convened into a Closed Meeting to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered settlement of Carreiro claim.
B. Real Estate Under TEX. GOVtT CODE Sec. 551.072
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
1. Deliberated and considered the appointment of the r
Board of Directors of the Economic Development
Corporation of Denton, Inc.
The Council convened into a Work Session on Tuesday, April 9, 1996
at 6:00 p.m. in the City Council Chambers of City Hall.
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 with staff,
the consultant, and the Planning and Zoning Commission concerning
the re-write of the zoning ordinance.
Frank Robbins, Director of Planning and Development, stated that
there were a number of details to work through on this issue.
Since 1989 there had been a number of amendments to the Zoning
Ordinance. One of the recommendations of the Planning and Zoning
Commission was to continue to phase in the rewrite,
Summary - Mixed Use Districts, grandfathering zoning, bufferyards,
and phasing. Recommendations from the Planning and zoning
commission included that Phase I should continue to review the re-
write and incorporate no-glare standards into the current
supplementary regulation section and refer the mixed use district
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Agenda No.
Agenda Item _
City of Denton City Council Minutes Date~
April 9, 1996
Page 2
to the Development Policy Committee. Phase II suggested that after
the Planning and Zoning Commission made a Phass I ordinance
recommendation, it begin to revise the landscape ordinance
including bufferyard standards, requiring bufferyards for all new
development in five years and review new non-residential districts
using the new standards. Phase III included that the Development
h Policy Committee would make the MDX and DDP policy recommendations
to the Planning and Zoning Commission and the Council.
Mayor Castleberry indicated that the Council could not take a vote
on these items but could take a consensus.
Robbins stated that without Council objection, staff would write
the ordinance as proposed.
Consensus of the Council was to proceed with the summary
recommendations as noted above.
Issue (4) Planned Development. Staff was proposing to follow all
eight recommendations as noted on Page 23-24 in the agenda back-up
information. Recommendation 7 and 8 dealt with expiring planned
aevelop'or,,int districts and old planned development districts which
were undeveloped. one issue dealt with how long a development plan
or a detailed plan would be good. The current standard was ten
years. If the planned development was not developed over that
period of time, that type of zoning might be a problem for
adjoining development and would be out of context in the future.
It had been suggested to shorten that period of time to ten years
for a development plan and a detailed plan to two years, Once any
part of the development plan or detailed plan was built it would be
good forever and could not expire.
Mayor Castleberry asked if the ten years was a recommendation of
the Planning and Zoning Commission.
Robbins stated that the commission had not made a recommendation at
this point in time. A concept plan or development plan currently
was good for ten years unless a detailed plan was submitted. If a
detailed plan was not submitted, it expired in ten years. The
issue was to decrease that amount of time. A detailed plan, when
approved, was good for two years before something was built on it.
After two years, if anything was built, the plan would stay in
effect permanently. The issue was should any part of the
undeveloped detailed plan continue to expire.
Bob Powell, Planning and Zoning Commission, stated that the
commission did not take a vote on this issue but there was a
consensus that the current time frames were appropriate.
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Agenda No.
Agenda fte
City of Denton City Council Minutes Date;
April 9, 1996
Page 3
Mayor Pro Tem Bfles stated that once constru:tion or improvements
had been placed on a detailed plan, then the entire plan had a
permanent application, He questioned the paragraph dealing with
inappropriate zoning and the requirement of a super majority vote
of the Council if protested by 20% of the land within the area.
Robbins replied that State law indicated that if 20% of the land
within the area
e
majority of Council was requiredprotested r0% that of thezlandgwithinu200
feet was protested by the owners.
Consensus of the Council was to follow the ten-two plan.
Issue (5) Design Guidelines. staff recommendation was to delete the
Design Guidelines as written from the zoning ordinance re-write.
Some of the guidelines would be added into the Planned Development
section as detailed plan criteria as recommended by the consultant.
Consensus of the council was to proceed with the recommendation.
Issue (6) - Historic Landmark Ordinance. The Historic Landmark
commission recommended that no changes be made at this point in
time and may make recommendations at a later date.
Consensus of the Council was to accept the recommendation.
Issue (7) - Farms in SF, 2F and MF districts. The staff
recommendation was to regulate directly the impacts of animals.
Farms and ranches, including grazing, would be allowed in most
zoning districts as was done now and to make no change to the
current standards.
Consensus of the council was to proceed with the staff
recommendation.
(8) Cumulative residential zoning. The issue was if single family
homes should be allowed in a multi-family and manufactured housing
district. The staff recommendation was to make no change in the
current regulations.
Consensus of the Council was to proceed with the staff
recommendation.
Issue (9) Cumulative non-residential zoning.
intensity non-residential uses would be allowedein the newiHeavy
Environmental Impact district. The staff recommendation was to
delete some uses and develop new non-residential districts with
narrower and shorter lists of less cumulative, more compatible
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Agenda No. A-G :-1r~
Agenda {ieni
City of Denton City Council Minutes Date "
April 9, 1936
Page 4
permitted uses as part of Phase II.
Mayor Castleberry stated that the Planning and Zoning Commission
had not had the opportunity to discuss the last several
recommendations.
Robbins replied correct.
Mayor Pro Tem Biles stated that on the issue of whether to allow a
single family home in a multifamily district, his opinion was that
if an individual wanted a detached home in a multifamily area, he
should be allowed to do so. It was different if an individual
wanted to place apartments in the middle of a single family
detached area.
Consensus of the Council was that the Council was not interested in
the recommendation to narrow the current regulations.
Issue
resident al z nin Environmental Impact zoning adjacent to
Environmental Impact zonings classificationnwasssoughtiforha tract
of land adjacent to a residential use or district, the City should
and restrictions on such the conditioned zoning section pursuant to the
Consensus of the Council was to proceed with the staff
recommendation.
Issue (11) - Major activity center Denton Development Plan, Single
Family policy and the Central Business district's permitted uses.
Staff was recommending to continue to allow single family use in
that unique area of the downtown area.
Consensus of the Council was to proceed with the staff
recommendation.
Issue (12) - Specific use permits. The current ordinance required
the same public hearings and notice to landowners within 200 feet
before Planning and Zoning Commission and in the newspaper before
council's pubic hearings, the same way as for a rezoning amendment.
Staff recommendations were to clarify the ordinance that SUP's were
not zoning map changes or rezonings, continue the current decision
making process with notice, state that the super majority rule did
not apply and state that a denied SUP could not be considered again
for 12
Planning nand sZoningscommimores sion restrictive
CouncilUfound than conditions
changed from those at the time of the earlier application.
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Agenda No, _
Agenda Itern
City of Denton City Council Minutes Date
April 9, 1996
Page 5
Mayor Pro Tem Biles stated that he liked the original
recommendation that the super majority rule did not apply on a
specific use permit because a specific use permit was not a zoning
change.
Council Member Brock stated that technically a specific use permit
was not a zoning change. If that use went away, the land retained
the original zoning. However, a specific use permit did have the
same impact as a zoning change. She asked what the State law
indicated in this area.
Terry Morgan, consultant for Morgan, Freilich, Leitner and
Carlisle, stated that state law was silent on the particular
impacts on what to do in terms of a specific use permit. He knew
of nothing to distinguish a specific use permit from a zoning
amendment as it might just as well be called a zoning amendment.
The problem with that was that it could be challenged as spot
zoning.
Robbins stated that staff was recommending that the super majority
would apply for specific use permits.
Consensus of the Council was to keep the language as suggested by
staff.
Issue (13) - Number of members on the Board of Adjustment. The
staff recommendation was to continue the existing membership
number, appoint two alternates as ex-officio members who would
attend all meetings, and delegate by ordinance that alternate
members would serve in the absence of a regular member at the
request of the chair, rather than the Mayor or City Manager.
Mayor Pro Tem Biles stated that there were a number of boards and
commissions on which certain Council Members did not have an
appointment. He asked for more information and discussion about
having a seven member Board of Adjustment.
Consensus of the Council was change to the membership number to
seven members.
Issue (14) - Changes to Ncn-Conforming uses. The current ordinance
allowed the Building Official or the Board of Adjustment to allow
a more restrictive but still non-conforming use to occur in a non-
conforming building, but with different conditions. The staff
irecommendation was to retain the Building Official's authority but
with the more detailed conditions and change the 50% damage rebuild
section.
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Agenda No._L
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Agenda I
City of Denton City Council Minutes Date
April 9, 1996
Page 6
Consensus was to proceed as recommended
Issue (15) Non-Conforming Abandonment. since the Zoning ordinance
Task Force made its recommendations, staff discovered a problem
with the current criteria for determining whether non-conforming
use rights were lost. The current criteria required intent to
abandon as a necessary criteria for loss of non-conforming rights.
The intent of an owner could for many reasons be impossible to
discern or it might change. The consultant recommended that
whenever a nonconforming use was abandoned, all nonconforming
rights would cease and the use of the premises would be in
conformance to the ordinance. A non-conforming use would be
considered abandoned if the intent of the user or owner to
discontinue the non-conforming use was apparent, the characteristic
equipment and furnishings of the non-conforming use had been
removed from the premises and had not been replaced by similar
equipment within six months, the non-conforming building,
structure, or land had remained vacant for a continuous six months,
and the non-conforming use had been replaced by a conforming use.
Consensus of the Council was to proceed with the recommendation.
Issue (16) - Zoning change petition to Planning and Zoning
Commission. Staff recommendation was to add the Planning and
Zoning Commission to whom a petitioner could petition to for a
zoning district or regulation change.
Consensus of the Council was to proceed with staff recommendation.
issue (17) Denied rezoning waiting period conditions. Staff
recommendation was to add to the planned development provision not
to require a 12 month wait before submitting another application on
property with a denied zoning case, more restrictive conditions of
a conditioned zoning petition. Also, in a case where there was
withdrawal after the Planning and Zoning Commission public hearing
when the Planning and Zoning Commission recommended denial and
there was no appeal to the Council, the 12 month wait would be
triggered. The current ordinance stated that if the Planning and
Zoning Commission recommended denial, the applicant must apply
within ten days in writing for an appeal to Council.
More'an pointed out that the purpose of Issue 09 was to not impede
oe-,nomic development but was just the opposite. If an incompatible
u
to keep se was allowed in the heavy industrial area, those uses might try
authorized,~ttheree couldindustrial
c complaints and if the o usheavy e. The use
lawas
nd
might be tied up with other uses if low intensity uses occupied the
area first.
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Agenda No.
Agp.ida item
Date '
City of Denton City Council Minutes
April 9, 1996
Page 7
The Council convened into a Special Call Meeting on Tuesday, April
91 1996 at 7:30 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. Presentation by Paul J. Cowan.
Mr. Cowan stated that several weeks ago he was in eastern Kentucky
and discovered a book entitled "It's Hard to Make a Living on a
V3yorfs Salary". He presented the book to Mayor Castleberry plus
a cap from the City of Olive Hill, Kentucky.
2. The Council considered a request for exception to the noise
ordinance for the Denton Gospel Mission on Thursday, April 11,
1996, from 6:30 p.m, until 12:00 midnight.
Veronica Rolen, Administrative Assistant, stated that the Denton
Gospel Mission was requesting an exception to the noise ordinance
ror April 11, 1996. Their event was scheduled to take place on Fry
and Hickory Streets from 6:30 p.m. to midnight. There was a street
closure associated with six parking spaces in which all of the
property owners had signed in favor of the closure.
Krueger motioned, Young seconded to approve the request. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Item 09 was considered.
9. The Council received recommendations and annual report from
the Juvenile Crime Interagency Coalition.
Margaret Smith, chair, stated that the Coalition had a requirement
to provide an annual report to Council. The Coalition had had
great successes in the past year.
Tom Josey, Court Administrator, stated that the Coalition was
making a recommendation to the Council to execute an agreement with
"Contracts and Bonuses" which was a counseling program for
juveniles. Funuing should be coming from a grant program. The
Coalition also recommended to continue to search for grant sources,
programs and ideas. The combining of two groups currently
servicing juvenile programs was suggested and the Coalition asked
the Council to defer appointing members until the Coalition had a
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Agenda No.
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Agenda 1(em
City of Denton City Council Minutes Date
April 9, 1996
Page 8
recommendation on how to combine the two groups. The Coalition
secured a Title V grant for juvenile
received would service juveniles for twovyears. aTotale two grants
to be received was approximate) grant money
funds. By leveraging the County, $3City 000 which were external
facilities were used which would not cost he program but forawhich
the internal component value was $300,000.
The Council returned to the regular agenda order.
3. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance to rezone 0.9485 acres from the Single Family 7
(SF-7) zoning district to the Commercial (C) zoning district and
Multi-Family i (MF-1) zoning district. The property was located on
the north side of Dallas Drive, at the intersection of Cook Street.
Z-96-009 (The Planning and zoning commission recommended approval
7-0.)
Frank Robbins, Director for Planning and Development, stated that
this was a rezoning to the commercial and multi-fa.mily district. It
was anticipated that the property would be used it an auto parts
the prbecauseoposal
irea n but given
Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
i
Joe Dodd stated that this item was incorrectly shown on the zoning
map as commercial. The back-up information indicated that the
official zoning map would be changed to show the correction in the
zoning classification. He hoped that this indicated that someone
was reviewing the zoning map and was preparing an official zoning
map of the City.
Rob Rayner stated that the petitioners had a neighborhood meeting
with individuals in the area. An Auto Zone would be built on the
property.
Tne Mayor closed the public hearing.
The following ordinance was considered:
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Agenda No.
Agenda em,
City of Denton City Council Minutes DateJC.
April 9, 1996
Page 9
NO. 96-087
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE SINGLE FAMILY 7
-7) DIICT
CLASSIFICATION AND USE DESIGNATION (TO HEZCOMMERCIAL R(C)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0,9382
ACRES OF LAND, AND FROM THE SINGLE FAMILY 7 (SF-7) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE MULTI-
FAMILY 1 (NF-1) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 0,0103 ACRES OF LAND LOCATED ON THE NORTH SIDE
OF THE INTERSECTION OF DALLAS DRIVE AND COOK STREET; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVEODATE. FOR
Krueger motioned, Young seconded to adopt the ordinance. On roll
vote Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
aye Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously,
B. The Council held a public hearing and considered adoption
of an ordinance to rezone 3.1176 acres from the Agricultural
zoning district to the Commercial (C) zoning district.
property was located on the north (A)
380), 580 feet west of Cooper Creek Road. of Universit The
University Drive (US
and Zoning Commission recommended approval Z7-0.)
pproval 7-O,) (The Planning
think Rosbbins, Director for Planning and Development, stated that
zoning for the existing use. There was a need
expansion on the property and it. was discovered that the
was actually zoned agricultural. for
proposal. The a There was no o property ant would
not present if there werecany Council questions, PPosition to the
Presentation but was
The Mayor opened the public hearing.
No one spoke during the public hearing,
The Mayor closed the public hearing.
The following ordinance was considered:
NO, 96-088
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL (C)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.1176
ACRES OF LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE
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Agenda Jfe
City of Denton City Council Minutes Date
April 9, 1996
Page 10
(U.S. 380), 580 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.
Young motioned, Krueger seconded to adopt the ordinance. On roll
vote, Miller "~aye"", Young "aye", Cott "aye", Krueger "aye", Brock
ye , Biles aye, and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council held a public hearing and considered adoption
of an ordinance to rezone 1.211 acres from the Single Family 7 (SF-
7) zoning district to the Office Conditioned (O[c)) zoning
district. The property was located on the west side of Hinkle
Drive, approximately 500 feet south of Haggard Lane. Z-96-003
(The Planning and Zoning Commission recommended approval 7-0.)
Frank Robbins, Director of Planning and Development, stated that
this was an office zoning in a low intensity area but with
conditions, the intensity allocation was on target. The conditions
included that the use would be for professional and administrative
offices only, there would be a fifty-five foot building and
dumpster setback from the southern property line, and lighting
would not directly illuminate adjoining property.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-089
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED
(O[a)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
1.211 ACRES OF LAND LOCATED ON THE WEST SIDE OF HINKLE DRIVE,
APPROXIMATELY 500 FEET SOUTH OF HAGGARD LANE; PROVIDING FOR A
PFNALTY IN THE MAXIMUM AMOUNT OF $2,00.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "ayes", Young "aye", Cott "aye", Krueger "aye", Brock
unanimouslys aye and Mayor Castleberry "aye". Motion carried
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4. Ordinances
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A. The Council considered adoption of an ordinance
authorizing the City Manager to execute a real estate contract
between the City of Denton and Robert W. Callahan, James E.
Callahan and Ann C. Stark.
Acting City Manager Svehla stated that Council had considered this
item in Closed Meeting and staff was recommending approval.
The following ordinance was considered:
NO. 96-090
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER 10 EXECUTE A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND ROBERT W. CALLAHAN, JAMES E. CALLAHAN AND ANN C.
STARK; AUTHORISING THE EXPENDITURE OF FUNDS; AND PROVIDING AN
EFFECTIVE DATE.
Biles motioned, Young seconded that the City offer to purchase the
land for $575,000 total. It would be comprised of 151.2 acres
flood plain at $1,500 per acre and 110.6 acres upland at $3,148 an
acre for a total of $575,000. 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 adoption of an ordinance retaining
Wayne Paul Frank to provide part-time Municipal Court prosecutorial
services on certain dates between April 15, 1996 and May 30, 1996.
City Attorney Prouty stated that Mr. Frank had resigned from the
City Attorney's office but that this agreement enabled him to serve
as a part-time prosecutor to back-up the full-time prosecutor. His
salary would be $25 per hour. The dockets in Municipal Court for
the rest of this month and for the next month were full and having
this service would be very helpful.
The following ordinance was considered:
NO. 96-091
AN ORDINANCE OF THE CITY OF DENTON, TEXAS RETAINING WAYNE PAUL
FRANK TO PROVIDE PART-TIME MUNICIPAL COURT PROSECUTORIAL
SERVICES ON CERTAIN DATES BETWEEN APRIL 15, 1996 AND MAY 30,
1996; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
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Young motioned, Cott 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 considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 3 to an agreement
between the City of Denton, the Denton Chamber of Commerce, and the
Economic Development Corporation of Denton, Inc. for the purpose of
providing a program to promote economic development.
City Attorney Prouty presented suggested changes to the contract
from those in the back-up materials. Article 1, Section 1 of the
agenda back-up amendment would transfer all of the economic
functions from the Chamber under the contract to the new Economic
Development Corporation with the exception of some marketing
functions. The proposed change would transfer all economic
development functions including all of the tasks set forth in the
contract to the new Economic Development Corporation from the
Chamber and then the ZDC could contract with the Chamber to perform
promotional and marketing functions or any other type of economic
development functions with a limitation that the expenditures on
promotional purposes would not exceed 10% of the EDC's revenues in
accordance with that section of the Economic Development Act.
Amendment No. 4 on page two carried that through and stated that
the Chamber would, upon the formation of the EDC, transfer to it
all funds previously approved in the City's budget for economic
development. With the change from the agenda back-up contract
there was a blank left in the contract whereby all but a certain
portion of the funds could be left with the Chamber for marketing
purposes. He was not sure if the change in Section 8 of the
resolution would require in the proposed Article 1 to indicate
"shall" rather than "may".
Mayor Pro Tem Biles stated that Section 8 did refer to the
resolution. The wording "shall" was conditioned on the fact that
the sales and use tax election would pass. The version which was
different from the agenda back-up materials indicated that
promotional expenditures could not exceed 10$ of the EDC's
revenues. Promotional purposes was the marketing intent of the
State statute on the sales tax. The way this was written was "of
the EDC's revenues". It was his understanding that the State
statute directed the 10% maximum for marketing purposes to the
sales tax revenue which was different from all EDC revenues because
the EDC might solicit private contributions and as such, did the
City have the ability to place a lot cap on private funds.
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City Attorney Prouty stated that that was not the intent. The
definition indicated that promotional expenditures would not exceed
10% of the Corporation's revenues which was the EDC. That was not
defined and he did not feel that that included private donations.
The intent was that the EDC would initially be funded only with
those municipal revenues from the public utility department to the
EDC and not private contributions. The intent of the contract was
to transfer municipal revenues and not private revenues which would
remain with the Chamber.
Mayor Pro Tem Biles suggested inserting a more descriptive phrase
of the EDC's revenues "derived from the economic development sales
tax or received directly from the City of Denton". That omitted any
other sources of funding which the private sector might raise.
There were two sources of funds currently on deposit at the
Chamber. One source was dollars received directly from the City.
The other source was private sector contributions. His concern was
that the City could not compel the Chamber to take those private
sector dollars and give them to the EDC. He asked where that
protection was located in the amendment.
City Attorney Prouty stated that that was covered in section 4.
That section indicated the chamber would transfer to the EDC all
funds previously approved in the City's budget for economic
development.
Mayor Pro Tem Biles expressed a concern because the City Council's
approval on an annual basis of that budget did incorporate into it
dollars which were in an annual budget. He suggested using that
same language in which the Chamber would transfer to the EDC all
funds previously received directly from the City of Denton.
The following ordinance was considered:
No. 96-092
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO
EXECUTE AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF
DENTON, THE DENTON CHAMBER OF COMMERCE, AND THE ECONOMIC
DEVELOPMENT CORPORATION OF DENTON, INC. FOR THE PURPOSE OF
PROVIDING A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AND
PROVIDING AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt Amendment No. 3 to the
agreement between the City of Denton and the Denton Chamber of
Commerce as submitted by the City Attorney with the following
changes: 01 - Article 1, Section 1 would add language " from the
EDC sales tax or received directly from the City of Denton". 12
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Article 31 Section 4 would include the wording "received directly
from the City of Denton for economic development purposes.
Council Member Miller felt that to have funding in the Chamber of
Commerce doing economic development and funding from the City going
to the Economic Development Corporation diffused the issue. He did
not see anything wrong with the EDC subcontracting with the Chamber
for those items which the Chamber currently was doing. One group
would be responsible for the economic development. He felt that
the Chamber, as well as the City, needed to support the Economic
Development Corporation. That Corporation would decided the best
place to provide these services which right now was with the
Chamber. The Corporation needed to subcontract with the Chamber
for services.
On roll vote, Miller ""aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles aye", and Mayor Castleberry "aye". Motion
carried unanimously.
5• Resolutions
A. The Council considered approval of a authorizing the creation of the Economic Development Corporation of
Denton, Inc. as an instrumentality of the city of Denton; approving
bylaws and articles of incorporation; and containing other
provisions relating to the subject.
Joe Dodd stated that a plan was being presented to establish an
Economic Development Corporation and to fund the Corporation with
a k cent sales tax. He still did not know how much the CEO would
be paid, how big the staff would be and how much they would be
paid, what they would be able to spend on consultants, where the
office would be located, and what would be spent on that location.
He did not know the long term goals of this organization. What
kind of industry would they be crying to attract to Denton. He
liked the prohibition of using City money to promote the sales tax
election. He suggested a second question on the ballot asking if
the voters approved of the EDC's existence. A voter could vote
against the sales tax but vote for economic development.
Attorney Prouty stated that this resolution authorize
theycr ation of the Economic Development Corporation ~ of Denton. A
change was recommended in Section 8 which carried through the idea
of transferring all the economic development functions that the
chamber had, once the EDC was formed, to the EDC. The EDC could
contract with the Chamber to provide marketing services and other
services to promote economic development. Another change included
Section 2.01 which required the EDC rather than the Chamber to
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perform all the tasks and charges of Amendment Two and Three
between the City and the Chamber. The by-laws in Section 10.01
would be changed to authorize the Board of Directors, either at a
special or regular meeting, to make amendments to the bylaws.
There was no authority for the City Council to initiate amendments
to the bylaws. This change would allow, by affirmative vote of
four or more members of the City Council, an amendment of the
bylaws. The agenda back-up materials would not allow the City
Council to make amendments to the bylaws but no amendment of the
bylaws initiated by the corporation would be effective until the
City council approved the amendment. Another change stated that
the City Attorney would be the registered agent with the registered
office in the City of Denton. The Council needed to appoint five
members of the Board of Directors and had to appoint three
incorporators who could be the same as the Directors. The initial
office had been established at 215 E. McKinney. As per the bylaws
and recommendations made by the Economic Development Transition
Committee, the Council had the right to name up to 5 non-voting ex-
officio members to the Board of Directors. It had been suggested
that three of these five ex-officio members be the City Manager,
and the volunteer head and staff head of the Chamber of Commerce.
The bylaws made all members of the City Council ex-officio non-
voting members.
Council Member Miller felt that the section in the Articles of
incorporation which dealt with amendments gave the Council the
opportunity to decide on what was going to happen in the
corporation itself. He felt that for the bylaws to then only
provide for the Board of Directors to do it would provide a
situation whereby if the Council felt it needed to provide an
amendment, it would not be able to do that. He felt it needed to
be consistent between the two documents.
Council Member Cott felt that there was no reason for the Council
to be involved in this operation. There was no need for ex-officio
members. Council should be kept out of the process.
Council Member Miller stated that both documents provided for
amendments and he felt there should be consistency between the two
documents. The City would be held accountable for the dollars put
into the corporation.
Mayor Pro Tem Biles stated that the Articles of Incorporation
provided for amendments by the Board of Directors who then obtained
approval of those amendments by the Council or the City Council
could amend the Articles of Incorporation at any time. He felt
Council, rather than at its sole discretion at any time, should
discuss any proposed changes with the Board of Directors. That
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should be included in the Articles of Incorporation as well as in
the bylaws. He suggested a change in the Articles of Incorporation
to state that the City Council may, at its sole discretion, but
only after obtaining the advise of the Corporation's Board of
Directors, amend the Articles of Incorporation. By Incor
that particular phrase into both the Articles of Incorporationtand
the bylaws, the Council would demonstrate a trust of the Board of
Directors to act in the best interest of the citizens. council
should not second guess the Corporation.
The following resolution was considered:
NO. R96-017
A RESOLUTION AUTHORIZING THE CREATION OF THE ECONOMIC
DEVELOPMENT CORPORATION OF DENTON, INC. AS AN INSTRUMENTALITY
OF THE CITY OF DENTON; APPROVING
BYLAWS
INCORPORATION; CONTAINING OTHER PROVISIONS ELATINGCTOS THE
SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded adopt the resolution making a charge
to Section 8 of the resolution so that it was worded the way the
City Attorney had just handed out indicating that until the sales
and use tax election passed and the EDC was fully funded, the EDC
shall contract with the Chamber to continue to
services and the services to promote economic develop ent setkforth
in the Chamber contract as amended. the cles of
Incorporation be adopted except for a changehin Articler8 adding a
clause but only after obtaining the advice of the Corporation's
Board of Directors" and striking the words "and at any time". That
the bylaws be adopted adding to Section 10.1 the clause stating
"after obtaining the advice of the Corporation's Board of
Directors". The five members and ex-officio members would be a
separate motion.
Council Member Miller felt that the Council would stile. be
dictating to the Economic Development Corporation. He felt this was
inconsistent with the philosophy of the Corporation.
Council Member Brock felt that there was suii the
for the EDC and for the sales tax. She stillohadireservationsion
some of the issues. There originally was a long list of duties in
the bylaws which was changed so that the bylaws became very open
ended. At the first report to council by the Economic Development
Transition Committee she had brought up the issue of accountability
as she felt that that was the number one responsibility as elected
officials. Even with appointing very knowledgeable people to this
Board, the issue was one of being accountable to the citizens. At
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that first report, she had been assured that the bylaws and
Articles of Incorporation were full of areas where the
representatives of the citizens would have some control. Very
methodically and persistently, quite a few of those had been
removed. The Council had been taken out of the bylaws in many
instances. It was down to the point of having an annual review in
approving the budget and the program planned for that year. She
felt it was possible to trust honorable people and still realize
the need to be daily accountable to the taxpayers. She would vote
for the resolution with the admission that she was disappointed in
some of the changes which were made.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "ayeto,
Brock "aye", Biles $'aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Mayor Castleberry stated that the next issue was tt.e appointment of
the five members of the Economic Development Corporation.
City Attorney Prouty stated that the Articles of Incorporation
indicated that the Board of Directors would be appointed for
staggered terms. One C rector would have a three year :-ern, two
directors would have two year terns and two directors would have
one year terms. The Council would have to determine the length of
each directors term.
Mayor Castleberry asked if the council could vote on the five
members and then determine their terms.
City Attorney Prouty stated that that could be done. The Council
also had to name three incorporators at this time. Those three
could also be members of the Board of Directors.
Council Member Brock asked about the procedure for naming people.
Would nominations be done one by one.
Mayor Castleberry stated that he would open it to nominations.
Council Member Brock nominated Troy LaGrone.
Council Member Krueger nominated Carl AnderLon.
Council Member Young nominated Ed Smith.
Council Member Miller nominated Bob Coplen.
Mayor Pro Tem BVgr:- nominated Richard Hayes.
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Council Member Krueger nominated Harry Hall.
Krueger motioned, Young seconded to cease nominations.
Council Member Miller stated that there was one individual who was
nominated which he considered to be an elected official. He was
not looking at the legal issues of what the State of Texas said
about elected officials. But when the bylaws and Articles of
Incorporation were set up, it was indicated that no employee of the
City of Denton or the Denton Chamber Commerce and no elected
official could serve as a voting member of the Board of Directors.
That meant that someone elected by the citizens of Dent,.)n could not
be elected as a member of the Board of Directors. There were
political parties placed on a ballot and were elected. There was
one individual who was nominated who was elected under that
process. In keeping in the spirit of this, to deny the citizens of
Denton to have an elected official on the Board but to allow this
to happen for people who were voting throughout the County, was not
in keeping with the spirit of what was intended.
Council Member Krueger stated that there might be in the future a
precinct chairman, who by filler's definition, was an elected
official and who could not serve under this capacity. There was no
basic difference between a precinct chairman or the chairman of the
party who oversaw those precincts. Richard Hayes was not a public
official.
Council Member Miller stated that the wording did not indicate a
public official but rather an electsd official. The intent was to
not allow someone from City Council to serve because they were
elected. The issue of credibility and represer':ation and the issue
of independence were a part of this.
Council Member Young stated that Richard Hayes had worked hard to
create this corporation. He was not an elected official but only
an elected official within they Republican party.
On roll vote to cease nominations, Miller "aye", Young "aye", Cott
"aye 001 Krueger tlaye", Brock "aye", Biles Ileye", and Mayor
Castleberry "aye". Motion carried unanimously.
Mayor Pro Tem Biles stated that Council had sought the opinion of
the City Attorney as to the definition of an elected official. The
City Attorney advised that since Council was the one which wrote
the ordinance, Council was the ore which could determine the
definition. The minutes of prior council meetings would show that
he was the one who made the suggestion which incorporated that
language into the rules. His intent at that time was that elected
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officials meant people elected to city Council, Commissioners
Court, State legislature or Congress. He felt it was a convenient
deception to use those two particular words to try and preclude
someone who had devoted a long time to furthering the community.
He felt that everyone at that time anticipated that the clause
meant no one on Council would be on the Board of Directors.
Council Member Miller stated that this was an honest feeling on the
issue and was not a deception. At the time Council voted on
restricting elected officials, it did not have all of this
discussion.
Council voted on the nominations to the Board of Directors.
On roll vote for Troy LaGrone, Miller "aye", Young "aye", Cott
"aye", Krueger "aye", Brock "aye", Biles "aye", and Ma or
Castleberry "aye". Motion carried unanimously. Y
On roll vote for Carl Anderson, Miller "aye", Young "aye", Cott
"aye", Krueger "aye", Brock "aye", Biles "aye", aa%?. Mayor
Castleberry "aye". Motion carried unanimously.
On roll vote for Ed Smith, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimcusly,
on roll vote for Bob Coplen, Miller "aye", Young "nay", Cott "aye",
Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry
"aye". Motion carried with a 4-3 vote.
On roll vote for Richard Hayes, Miller "nay", Young "aye", Cott
Ye , Krueger "aye t', Brock "nay", Biles "aye", and Mayor
Castleberry "nay". Motion carried with a 4-3 vote.
On roll vote for Harry Hall, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Mayor Castleberry indicated that Troy LaGrone, Carl Anderson, Ed
Smith and Harry Hall were the top votes. There was a tie between
Bob Coplen and Richard Hayes.
On roll vote for Bob Coplen, Miller "aye", Young "nay", Cott "nay",
Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry
"aye". Motion failed with a 3-4 vote.
On roll vote for Richard Hayes, Miller "nay", Young "aye", Cott
"aye", Krueger "aye", Brock "nay", Biles "aye", and Mayor
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Castleberry "nay", Motion carried with a 4-3 vote.
Mayor Castleberry indicated that Richard Hayes would be the fifth
Director.
City Attorney Prouty asked about the terms of office.
Biles motioned, Young seconded that Troy LaGrone be appointed for
a three year term, Harry Hall and Richard Hayes for two year terms,
and Carl Anderson and Ed Smith for one year terms. roll Miller "aye", Young "aye", Cott "aye", Krueger "aye" On Brock "aye",
,
Biles "dye", and Mayor Castleberry "a elf Motion carried
Brock unanimously. y
Council Member Krueger left the meeting.
Biles motioned, Young seconded to appoint Troy LaGrone, Harry Hall,
Youn and Richard Hayes as Incorporators. On roll vote, Miller ''aye",
Castleberry"i~ Cott "aye", Brock Ilaye" Biles "aye'$, and Mayor
Y eye . Motion carried unanimously.
B. The Council considered approval of a resolution
supporting the design and development of U. S. Highway 77 as
proposed by the Texas Department of Transportation.
Department Acting City Manager Svehla stated that the Transportation
holding a meeting this Thursday on this I
project. Ito as important for Council to show support
Highway Department on this project. to the
The following resolution was considered:
NO. R96-018
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING THE
DESIGN AND DEVELOPMENT OF U.S. HIGHWAY 77 AS PROPOSED BY THE
TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE
DATE.
Miller motioned, Young seconded to a
"ate, Miller
Mayor lso Young "aye", Cotto"aye the rBrockt"aye", Biles
Castleberry "aye Motion carried unanimously.
6• The council received a report, held a discussion and gave
staff direction regarding the TMPA/Denton Power Sales Agreement,
Bob Nelson, Executive Director for Utilities, stated that staff had
been working on this amendment for quite some time and the document
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was now ready for approval. The amendment to the TMPA power sales
agreement changed the agency from being a full requirements agency
which was an entity which provided power and energy for the cities
with each one of the shares of the cities changing slightly each
year, depending on the size of one another. The clause stated that
regardless of what happened, the cities would pay all the costs of
TMPA. The amendment brought TMPA to a one unit power plant
providing power from that unit. There would be provisions that
other units could be installed or other activities could be done
but each time, each city would enter into a separate agreement on
that basis. The agreement would also provide for a fixed amount
for this one unit for each city and tightened the payment clauses.
Section 3 (a) firmly established the percentage share of TMPA.
Denton's percentage would be 21.3%, Bryan would be 21.7%, Garland
would be 47% and Greenville would be 10$. The old contract
designed a percent share to change annually per a comparison of the
size of the cities. The amendment reemphasized the cities
obligation to pay TMPA costs regardless of any cause a city might
have for not being able to pay, eliminated wording regarding power
allocation if TMPA had insufficient power and eliminated force
majeure as a cause. Section 3 (b) established the allocation which
fell back to the percentages listed in 3 (a) and indicated that
TMPA would use its best efforts to provide power. The other
section which was changed was section 7 which set the rates and
charges to cover all costs which was essentially the same as the
old contract. it eliminated the wording stating that the rates
would be non-discriminatory and fair, eliminated the 120 day notice
to cities of change of rates, and eliminated the procedure for any
F kind of arbitration in case a city disagreed with the TMPA rates.
Section 7 also set the specific reserve funds which Garland and
some TMPA Board members disapproved. Section 13 eliminated all
reference to future approval/disapproval of a pr ject and
eliminated the "opt-out" provisions, established a right to future
TMPA power based on the percentages in Section 3 (a). The amendment
tightened Denton's responsibility but allowed the City to do other
options.
Acting City Manager Svehla stated that the amendment set the
percentages different and allowed the City to opt out at any time.
Council Member Miller asked if the opt-out clause required the
approval of the bond holders to be effective.
Nelson replied correct that about 85% of all the TMPA bonds were
insured. The procedure was that once the cities and the TMPA Board
approved the document, the contract went to the bond insurance
companies and large holders for approval.
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"tyor Castleberry asked what was the next step in the agreement.
Nelson stated that the amendments would be retyped so as to present
a comparison of the two documents. That would be brought back to
Council for consideration. The other three cities were also
looking at the document.
Bill Giese, Public Utilities Board, expressed a concern about one
part of the amendment. A proposed change in the rates would allow
for $2 million in a contingency fund and $3 million for replacement
projects and all other funds would be distributed back to the
cities. He had a concern that in the last year, a number of assets
had been sold and those funds ware put into a special bond fund.
Under this amendment, those funds would have to be returned to the
cities. He felt that when assets were sold, those funds should be
used for the retirement of debt. There was also approximately $1
million from oil royalties and the leasing of oil ground. He again
felt that that was a disposition of assets and should be used for
debt retirement rather than to have to return those funds to the
cities. He had a policy objection for a set figure as conditions
changed and the view should be what was needed and what would be
the best use of the funds.
Acting City Manager Svehla stated that both Garland and Greenville
were offering language which addressed Mr. Giese's concern. Those
cities felt that any assets acquired using debt if sold, should be
used to retire debt. Council might consider such language when
giving final approval. There could also be wording which addressed
reserve funds in different manner.
Mayor Pro Tem. Biles stated even though Mr. Giese supported this
amendment to the contract, it did not go far enough in terms of
dollars from disposition of assets as well as oil royalties. Mr.
Giese felt that TMPA should be using those funds to pay off bond
indebtedness.
Giese stated that there were other indebtedness and those should be
used also.
Mayor Pro Tom Biles asked if two of the four cities or three of the
four cities would agree to that.
Giese stated that he did not know at this point in time.
Mayor. Pro Tom Biles stated that there was still have time to make
sug5estions to include such language. If that language did not
read the agreement, could the City of Denton adopt a policy that
if TMPA sent money to the City for such a purpose, the City could
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Put that money into an account to use for debt retirement in the
future.
Giese stated that that would be his recommendation.
meMayor rto Tthe Biles
of stated
the that the
cities City could send a
dollars twere
received from the disposition of assets or oil royalties or
whatever, it be used to retire the indebtedness.
A. The Council considered approval of a resolution
requesting the Board oZ Directors of the Texas Municipal Power
Agency to reduce electric rates to actual costs of operations.
Bob Nelson, Executive Director for Utilities, stated that this
resolution may or may not be necessary at this point in time as the
TMPA Board had this on their agenda for consideration. One
direction given to the TMPA operation was that by January 1, 1996,
TMPA would reduce its total cost of power and energy sold to the
cities to 4 cents per Kwh. TMPA made the conversion and phased
down some of the personnel but not by January 1, 1996 but rather by
April 1, 1996. Thereafter, the staff came to the Planning and
operating committee and established a rate which would effectively
do the four cents per kw!a. The Planning and Operating Committee
agreed and he had included an addition to change the percentage
allocation at that same time. When the proposal came to the TMPA
Board, it had a concern that there might be a need to hold on to a
few dollars until the change in operation was worked out in August.
It was now felt that it could be handled with the amount of money
on hand.
Council Member Miller asked if there was a middle date to look at.
There might be some validity to the point of not changing
immediately as the change had just been made in December.
Nelson replied that the agency had already phased down the
operation and the TMPA staff felt it could operate as it was.
Tom Harpool, Chair-TMPA Board of Directors, stated that it could be
done May 1st which was on the agenda.
Council Member Brock understood that both representatives of the
City to the TMPA Board were not in favor of immediately changing
rates.
Harpool stated that the question was could the cities look after
the money better than TMPA was directed to do by the bond holders.
He was comfortable with the change.
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Agenda No.
Agenda ero
City of Denton City Council Minutes Date
April 9, 1996
Page 24
The following resolution was considered:
NO. R96-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
REQUESTING THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER
AGENCY TO REDUCE ELECTRIC RATES TO REFLECT ACTUAL COSTS OF
OPERATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Young seconded to approve. On roll vote, Miller
"aye", Young "aye", Cott "aye", Brock "aye", Biles "aye$', and Mayor
Castleberry "aye". Motion carried unanimously.
7. The Council received a report, held a discussion on
deregulation of the electric industry and its effects on Denton.
Bob Nelson, Executive Director for Utilities, stated that one of
the major issues driving deregulation was technological changes.
Denton's power plants ran 30-33% efficient and the new technology
plants ran 55-651 efficient and were run on natural gas. Computer
technology used to explore for natural gas now gave a three
dimensional picture of geological structures. Existing power
producers built and financed their power production plants with the
assumption that they would have a firm market in which to sell
their power and thus receive the revenues necessary to pay off the
long term debt. The Pubic Utilities Commission was holding work
sessions to determine the extent of deregulation. Denton's
strategy was to work hard to be the power producer and provider of
choice in the community. Before there was a system with the bond
holders for repayment but now there was the possibility of stranded
investments and costs.
Julie Zeller, Environmental Compliance Manager, stated that there
were 13 states which were working on restructuring initiatives.
Public Utilities Commission Project 14045 amended sections of the
Public Utility Regulatory Act to permit wholesale transmission
service for electric utilities. Other projects in7olved a response
to the Legislature's request for a report on what the industry
looked like in Texas. The consultant would provide the Council with
detailed information when he made his presentation.
8. The Council received a report, held a discussion and gave
staff direction regarding the expans+.on of the occupational Health
Nurse services contract.
Max Blackburn, Risk Manager, stated .hat throe months into the
contract with the occupational Health .nurse it was felt that the
savings and the efficiencies of the occupational health nurse had
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Agenda No.
City of Denton City Council Minutes Agenda I'em
April 9, 1996 Date ^ n
Page 25
proven themselves and staff was asking for approval to change to a
full-time occupational health nurse. The funds would be paid from
the Risk Retention Fund.
Council Member Young asked how many employees a day the nurse
worked with.
Blackburn stated that with 20 hours of work per day, she did not
see anyone. She mainly dealt with drug screening and wellness
programs.
Council Member Brock stated that the nurse was proving to be cost
effective but there were no associated figures.
Blackburn stated that so far it was cost avoidance, which was hard
to put a number on. Most of the people had repetitive motion
injuries and she was trying to provide those employees with a way
to avoid having to go to a doctor.
Young motioned, Brock seconded to proceed with the change. On roll
vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 10:10 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO02FE
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Agenda No.
CITY OF DENTON CITY COUNCIL MINUTES Agenda Item
APRIL 10, 1996
Date
The Council convened into a joint meeting with the Denton
Independent School District Board of Trustees on April 10, 1996 in
the Civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Council Members Brock, Krueger, and
Miller.
ABSENT: Mayor Pro Tom Biles; Council Members Cott and Young.
1. The Council received a report and held a discussion on the
City's Capital Improvement Program.
Acting City Manager Svehla provided an overview of the CIP for the
City and the proposed location of the DISD Middle School at South
Lakes Park. Various street projects were discussed especially in
the area of economic development and those that potentially
affected DISD schools, such as Kings Row and Loop 288
signalization. Sidewalks and signals were also mentioned as they
related to the schools. $400,000 was available each year in the
CIP for street projects. These could be determined by council.
Dorothy Adkins, DISD Board Trustee, asked about the safety of
children who would be attending the middle school and who had to
cross Teasley Lane.
Svehla stated that staff from the City and the DISD were working
together to determine the best possible solution to that problem.
2. The Council received a report and held a discussion on the
proposed DISD bond program.
Dr. Albert Thcmas, Superintendent of the DISD, shared the school
district"s proposed bond program and thanked the City for its
assistance.
3. The Council received a report and held a discussion on the new
City Manager.
Mayor Castleberry stated that Ted Benavides had been hired as City
Manager and would begin his official duties on May 6th.
With no further business, the meeting was adjourned at 1:10 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
OSEP PORTUGAL
DEPUTY CITY SECRETA
CITY OF DENTON, TEXAS
ACCO02FC
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Agenda No.
CITY OF DENTON CITY COUNCIL MINUTES Agenda Item
April 16, 1996 Date r -u /z
The council convened into a Closed Meeting on Tuesday, April 16,
1996 at 5:15 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1 The Council convened into a Closed Meeting to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered and discussed defense of and the
settlement of RS 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 and wastewater treatment
plant.
2. Considered 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
I
The Council convened into Regular Meeting on Tuesday, April 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 to the United States flag and the Texas flag.
2. The Council considered approval of the minutes of January 2,
9, 16, 23, and 30, 1996.
Brock motioned, Biles seconded to approve the minutes as presented.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
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City of Denton City Council Minutes Agenda No.
April 16, 1996 Agenda Item
Page 2 Date
Mayor Castleberry presented the following proclamations:
Week of the Young Child
Angela Griffin - Denton Student Ambassador
Betty Kimble Day
3. Citizen Report;
A. The Council received a citizen report from Dessie Goodson
regarding SPAN issues and City streets.
Ms. Goodson stated that several weeks ago the SPAN trolley was
running early and she was left stranded in the rain, sleet and
snow. On several other days, the same thing happened and the
trolley was running early. The "new" bus was already in the shop
and she questioned why a "new" bus was a 2994 bus. There were
sidewalks near her home which were cracked and in disrepair. The
streets in her area needed work and no one was doing anything about
it. There was garbage on the sidewalks and she had to walk in the
street to get around it.
4. Citizen Request
A. The Council considered a ro.quest for an exception to the
noise ordinance for the wedding reception on Saturday, June 1, 1996
until 1:00 a.m.
Veronica Rolen, Administrative Assistant, stated that this was a
request for an exception to the noise ordinance for a wedding
reception on Saturday, June 1, 1996 at the North Texas Fair
Grounds. The Council could provide an exception to the noise
ordinance when the public interest was served.
Cott motioned, Biles seconded to approve the request. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles llaye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance granting a Specific Use Permit for 5.319 acres
authorizing a retirement home. The property was located on the
east side of Lillian Miller Parkway, approximately 500 feet north
of Southridge Drive. (The Planning and zoning commission
recommended approval 6-0.)
Frank Robbins, Director for Planning and Development, stated that
the Planning and Zoning commission had evaluated this specific use
permit to determine if it was consistent with the policies of the
Denton Development Plan. It found that all policies had been met
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City of Denton City Council Minutes Agenda IteNo.
April 16, 1996 Agenda Item
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except for the intensity policy. The allocation, according to the
zoning, was at 8o trips per acre and the proposal was at 85 trips
per acre. There would be a large area next to the shopping center
where many trees would be saved. The Planning and Zoning
Commission recommended approval.
Council Member Young asked about the drainage runoff from the
property.
R
not get obbins stated that the building would be built so that it would
It had drainage
built. wet
wothe uld system
additi.onal
runoff from this site and the drainage system in place would be
able to handle the runoff.
The Mayor opened the public hearing.
No one spoke during the public hearing.
Tha Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-093
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROV%NG 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, APPROXIMATELY FIVE HUNDRED FEET (5001) 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.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye'r, and Mayor Castleberry "aye". Motion carried
unanimously.
6. Variances
A. The Council considered 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 recommended approval 7-0.)
Frank Robbins, Director for Planning and Development, stated that
this variance was similar to other variances the Council had
approved for large lot residential subdivisions. The lots were
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City of Denton City Council. Minutes P.penda No,
April 16, 1996 Agenda
Page 4 Date"~L1
larger than two acres and the variance dealt with the requirement
to build an underground drainage pipe system. The Planning and
Zoning Commission granted a conditional approval that instead of
the pipe system, the cost of which was excessive, drainage
easements in the area for a 100 year flooding would be provided.
Young motioned, Cott seconded to approve the variance. 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 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 recommended
approval of the four requests, 7-0.)
Frank Robbins, Director for Planning and Development, stated that
this was a large lot subdivision with all lots at least two acres
or larger in the City's extraterritorial jurisdiction. Regulations
required that streets had to be public unless in a planned
development. As the proposal was outside the City limits, there
was no zoning and thus no planned development. The variances were
needed to be able to build a private street to the construction
standards of the County as opposed to the City's standards. There
would be a homeowner's associati3n which would guarantee the
maintenance of the private street. The last variance was for a
drainage easement similar to the one discussed in the earlier
variance request.
Biles motioned, Young seconded to approve the variances. 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 considered 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 was located in Denton's northern
extraterritorial jurisdiction. (The Planning and Zoning Commission
recommended approval of the requests, 7-0.)
Frank Robbins, Director for Planning and Development, stated that
this was a replat in a subdivision. This was at one time a very
large lot which fronted on a private street which did not meet the
specifications of the ordinance. The cost would be very excessive
to build to City specifications.
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City of Denton City Counc'.1 Minutes Agenda No. k
April g
16, 1996 Agend~m
Page Date
Young motioned, Biles seconded to approve the variances. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered 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 recommended approval 7-0.)
Fraak Robbins, Director for Planning and Development, stated that
these were variances to build perimeter streets to City standards
and the sidewalks along that subdivision. The cost to do that
would be very high per lot as compared to an average cost. The
Planning and Zoning commission recommended approval.
Cott motioned, Brock seconded to approve the variances. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krieger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. Consent Agenda
Brock motioned, Young seconded to approve the Consent Agenda. 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:
1. Bid 11882 - 16' Diesel Riding Mower
2. Bid 11868 - Heavy Equipment Mechanical Services
3. P.O. 160838 - Siemens Power Corporation
4. RFSP 1`1810 - 01--cupational Health Nurse Services
B. Tax Refunds
1. Considered approval of a tax refund to Donald J. &
Linda Jo Carter for $621.01.
8. Consent Agenda Ordinances
Biles motioned, Young seconded to adopt Consent Agenda Ordinances
8A - 8C. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
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City of Denton City Council Minutes Agenda No. Q~
April 16, 1996 Agenda Item `
Page k.. l~
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A. NO. 96-094
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. (7.A.1. - Bid 118 7.A.2. -
Bid 11868)
I B. NO. 96-095
AN ORDINANCE AMENDING ORDINANCE NO. 95-217 RELATING TO THE
APPROVAL OF AN EMERGENCY PURCHASE ORDER NO. 60838 TO SIEMENS
POWER CORPORATION TO PROVIDE REPAIRS TO TURBINE UNIT 15 TO
PROVIDE FOR ADDITIONAL EMERGENCY REPAIRS FOR TURBINE UNIT 15;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FCR AN EFFECTIVE DATE. (7.A.3. - P.O. 160838)
C. NO. 96-096
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTOA AND DENTON COMMUNITY
HOSPITAL; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND
PROVIDING AN EFFECTIVE DATE. (7.A.4. - RFSP 11810)
9. Ordinances
A. The Council considered 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.
Gary Matheson, Deputy Chief of Police, stated that this ordinance
prescribed the number of police officers in the Police Department.
This would allow the appointment of an officer to police sergeant.
The following ordinance was considered:
NO. 96-097
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.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye',, Xrueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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City of Denton City Council Minutes Agenda Item
April 16, 1996 Date Page 7
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B. The Council considered 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.
Acting City Manager Svehla stated that this was an agreement for
congestion mitigation quality money for the intersection of Bernard
and Eagle. The grant was for $45,000 which would include equipment
and labor.
The following ordinance was considered:
NO. 96-098
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
INS'T'ALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Young moticned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Bilcs "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance providing
for the renaming of Underwood Road to Westcourt Road. (The
Planning and Zoning Commission and the Historic Landmark Commission
recommended approval.)
Frank Robbins, Director for Planning and Development, stated that
there were two Underwood Roads in the City limits. This street
would be named for Dr. Westcourt who was a professor at 2:1U for
many years.
Council Member Young asked how many businesses and homes would be
effected.
Robbins stated that there were some houses on the east side of the
street but were not addressed on Underwood. No one would have an
address change. Businesses going in would be effected but at
present there were no businesses there.
The following ordinance was considered:
NO. 96-099
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
RENAMING OF UNDERWOOD ROAD TO WESTCOURT ROAD; AND PROVIDING AN
EFFECTIVE DATE.
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Agenda No.
City of Denton City Council Minutes Agenda ititem
April 16, 1996 date 7
Page 8
Young motioned, Biles seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger Faye", Brock
"aye", Biles "aye", and Mayor Castleberry Faye". Motion carried
unanimously.
D. The Council considered adoption 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.
Frank Robbins, Director for Planning and Development, stated that
this was an ongoing easement abandonment for a subdivision which
was being built in phases. The existing sewer easements were being
abandoned and were being replaced as the development occurred with
sewer lines in the streets.
The following ordinance was considered:
NO. 96-100
AN ORDIFF.NCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF
DENTON COJNTY, TEXAS AT VOLUME 1686, PAGES 0852 AND 0853; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry ".:ye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance approving
authorizing the City Manager to execute an agreement between the
City of Denton and ADS Environmental Services, ITIC. for
professional services associated with the Pecan Creek Sewer Basin.
Howard Martin, Director of Environmental Services, stated that this
contract was for professional and engineering services for smoke
testing on sewer lines. The test determined defects in the
wastewater collection system. The Cooper Creek Basin had been
completed and the contract would allow for the testing of the Pecan
Creek Sewer Basin.
The following ordinance was consider=d:
NO. 96-101
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN TJlE CITY OF DENTON AND
ADS ENVIRONMENTAL SERVICES, INC. FOR PROFESSIONAL SERVICES
ASSOCIATED WITH THE PECAN CREEK SEWER BASIN; AND PROVIDING AN
EFFECTIVE DATE.
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City of Denton City Council Minutes Agenda !;o. _
April 16, 1996 Agenda Item
Page 9
Data
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The council considered 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.
Howard Martin, Director of Environmental Services, stated that this
proposal was for an oversizing participation agreement with Douglas
and Associates for the Lowes Addition. The development required
approximately 1300 feet of 8" water line to service the facility.
Staff was recommending 16" oversizing for 300 feet and 12"
oversizing for 1000 feet. The Public Utilities Board recommended
approval at an amount of $19,033. Since that meeting, the
developer had contacted the City and requested an additional
participation of $4,800 for two 16" valves.
The following ordinance was considered:
110. 96-102
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.
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.
10. Resolutions
A. The Council amendment to the bylaws of the National League of resolution Citiesrproviding
for the filling of certain vacancies in office.
Acting City Manager Svehla stated that the City had been contacted
by the National League of Cities asking for support to changes in
the bylaws relating to the filling of certain vacancies in office.
The following resolution was considered:
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City of Denton City Council Minutes Agenda No.
April 2.6, 1996
Page to Agenda item
Date
NO. R96-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
APPROVING AN AMENDMENT TO THE BYLAWS OF THE NATIONAL LEAGUE OF
CITIES PROVIDING FOR THE FILLING OF CERTAIN VACANCIES IN
OFFICE; AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Brock seconded to approve the resolution. On roll
vote, Miller "aye", Young f0aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered 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.
The following resolution was considered:
1;0. R96-021
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.
Krueger motioned, Brock seconded to approve the resolution. On
roll vote, Miller "aye", Young "aye", Cott "aye", a „
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
11. The Council considered nominations a
Boards and Commissions. / ppoir.ments to the City's
There was no nomination at this time by council Member Brock for
the Keep Denton Beautiful Board.
12. Vision Update
There was no update at this time.
13. Miscellaneous matters from the City Manager.
Acting City Manager Svehla reminded the Council of the ground
breaking of South Lakes Park on Tuesday at 4:00 p.m.
14. There was no official action taken on Closed Meeting Items
discussed earlier.
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City of Denton City Council Minutes Agenda No.c oa-I
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April 16, 1996
Page 11 Agenda Item
Date
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15. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young asked if it was time for the
renovation of the Phoonix Apartments. There were many empty
apartments due to maintenance conditions.
B. Council Member Cott suggested that a committee be formed
to study the matter of motor homes on streets and in driveways,
boats on streets and driveways and other inappropriate vehicles in
streets and driveways.
C. Council Member Miller stated that he had received a fax
relative to the Surmer Youth Program. The Department of Labor
agreed to fund the irogram this summer at a 75% of level from last
year. The agreement for the JTPA program would probably have to be
amended.
D. Council Member Brock reminded the council that next
Saturday was the annual City clean-up and adopt-a-spots were to be
cleaned. She suggested Council meet at 9:00 a.m. on Saturday to
clean up the Council's spot.
16. The Council did not meet in a Closed Meeting during the
regular session.
With no further business, the meeting was adjourned at 7:55 p.m.
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BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO0301
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Agenda No. j
CITY OF DENTON CITY COUNCIL MINUTES _
April 23, 1996 Agenda Item
Date
The Council attended a dedication ceremony on Tuesday, April 23,
1996 at 4:00 p.m. at the South Lakes Park located at 401 Hobson
Lane, Denton, Texas.
The council convened into a Work Session on Tuesday, April 23, 1996
at 5:15 P.M. in the City Council Chambers of City Hall.
PRESENT: Mayor Castleberry; Council Members Brock, Miller and
Young.
ABSENT: Mayor Pro Tem Biles; Council Members Cott and Krueger
1. The Council received a report, held a discussion and gave
staff direction on the development of a Redbud Tree Trail and a
program to encourage the planting of trees.
John Cooper, Chair-Tree Board, stated that the Tree Board was
requesting that the Council adopt a formal policy to recommend
trees which are adapted to Denton and in particular the redbud tree
as Denton had been desig,.iated as the "Redbud Capital of Texas".
Mayor Pro Tem Biles joined the meeting.
Cooper stated that Council would be asked to approve a coverage
map, approve a Releaf Denton Program which would feature redbuds
and accept a recommendation which would encourage developers to
incorporate redbuds in landscaping either as a requirement or a
volunteer program.
Council Members Krueger and Cott joined the meeting.
Cooper continued that a map had been prepared to determine the best
places to plant redbuds. The Tree Board would like to hake contact
with the owners of these properties to see if they would be willing
to plant redbuds and to take care of the trees. It was felt that
this would enhance Denton as the Redbud Capital of Texas. Redbuds
had a long life and were quite attractive in landscaping.
Council Member Young stated that he was in favor of the program but
that there not many streets in his district. He named a list of
streets which might be considered in his district.
Council Member Brock stated that these trees would not be provided
by the Tree Board but would be a program for private owners to
plant these trees.
Cooper replied correct that this would be an on-going coverage map
due to the limited resources for some of the public sites.
Mayor Pro Tem. Biles asked about the impact of this program on the
budget.
Cooper replied that there would be no impact on the Cityfs budqet.
He would be willing to provide his time to keep the project moving.
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Agenda No. C
City of Denton City Council Minutes Agenda Ilem <
April 23, 1996
Page 2 Date Mayor Pro Tem Biles asked how the trees for public areas would be
funded.
Cooper stated that the Tree Board was not asking for funds from the
City to plant these trees. The residents would only plant the
trees as they could afford the purchasing of the trees. There would
be volunteers to help with the planting. It was hoped to receive
private donations from the property owners.
Council Member Miller asked about the size of the trees, where the
trees could be purchased and the cost of the trees.
Cooper stated that the residents could purchase the trees from any
local nursery. There was no particular location to purchase the
trees. The market would set the price and size of the trees.
Acting City Manager Svehla stated that Keep Denton Beautiful and
the Tree Board would sponsor the program. The City would only be
involved in the maintenance on public grounds and certain
maintenance areas already receiving such care.
Young motioned, Brock seconded to approve the program. On roll
vote, Miller "aye", Young "aye", Cott O'aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
2. The Council received a briefing on the status of the City Hall
Renovation Project.
Betty McKean, Executive Director for Municipal services/ Economic
Development, stated that an inventory and assessment had been
completed on the City Hall building as well as a completion of the
program and concept part of the project and were ready to begin the
design detail part of the project. Council authorized staff to
move ahead during the budget process. Objectives for the renovation
were to bring the building up to compliance with ADA, safety
accesoibility and City codes. Another objective was to improve
public access to elected officials and to preserve the integrity of
design.
Brent Byers, Corrigan and Associates, reviewed the proposed basic
plans for the location of offices in City Hall. one of the more
significant changes was the relocation of Council offices from the
lower level to the ground level.
Council Member Young expressed a desire to have the subcontractors
be from Denton and Denton County with minority contractors working
on the project as much as possible.
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Council Member Cott asked 'now long the renovated building would
work.
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City of Denton City Council Minutes Agenda No,
April 23, 1996
Page 3 Agenda Item
Date -r-
Byers stated that in the future most public functions would be
moved out of the building. This would make City Hall an internal
building with very little public use. It was estimated that the
space would be adequate through the
would be difficult to predict as the size of the.admiinistration of
the City would not be known. For example, the size of the Council
could change and then the Council Chambers would not be adequate.
3. The Council received a report and held a discussion regarding
the status of the electric industry in Texas.
Bob Nelson, Executive Director for Utilities, stated that the
consultant wanted to present this item to Council several weeks
ago, but became ill and could not be present. The consultant was
present tonight to give the Counctl an update.
Rick Covenington, Resource Management International, Inc., stated
that the electric industry was changing due to several pieces of
legislation. Those changes included the deregulation of the
electric industry (P.U.R.A. 1995); Project 14045 which dealt with
transmission access and pricing; Project 15000 which dealt with
electric industry restricting; Project 15001 which dealt with a
stranded cost report; Project 15002 which dealt with the scope of
a competition report; plus the fact that transmission was opening
the door to the competitive market with wholesale and retail
customers shopping for power. Other changes included new
technology and low gas prices which combined to form competitive
alternatives; combined cycle with installed costs of $400-$450 per
kW; heat rates which irproved to under 8000 BTU per
combined cycle; and average cost for electricity ata kWh for a
$.03 per kWh (excluding transmission). Stranded costs were mthose
costs incurred by utilities under the regulatory framework which
would be left stranded as customers moved to lower cost sources of
power. Regulators wanted to allow these low cost alternatives to
drive down prices while protecting the financial stability of
utilities. Historically the electric industry had a regulatory
obligation to serve and was built to serve a load with the
expectation of recovering prudent costs plus earn a reasonable rate
of return. The process dealing with stranded costs included the
filing of a report by the Public Utilities commission on stranded
costs with the 1997 legislature and the Commission estimating
stranded costs for that report which would progress to the
technical details of quantifying and recovery of stranded costs for
implementation. There were three basic positions dealing with the
issue of stranded costs which included those who wanted to maximize
stranded costs and thus protect utilities; those who acknowledged
stranded costs, but who wanted to mitigate the impact, not stif_i
competition; and those who claimed th.~-e were no stranded costs and
which should be allowed only
acknowledged that there were standed costsnc wies.
anted to mitigate the
problem, but also wanted to protect utilities. Four approaches
City of Denton City Council Minutes R~Enda No.!i~:
April 23, 1996
Page 4 Agenda Item .~1a
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were viewed in quantifying stranded costs. The first was the lost
revenue approach which was originally meant to be applied as an
exit charge and was based on net revenues of existing customers
over time. The second was the asset by asset approach in which a
charge to all customers would bring the generation costs to market
level. This approach would also compare market value to net book
value of assets but determining market value was a problem with
comparable sales, spin off of assets, and income approach. The
third used a discounted cash flow approach and lost revenue
approach which were the same if it included all assets and if they
included all customers. The fourth proposed approach by Houston
Power and Light was to take the total cost of service and back out
wire costs to get the generation related embedded cost per kwh,
compare this to the market price per kwh, and then the lost
revenues would equal the net costs per kwh sales. Issues with
stranded costs included (1) including all generation related assets
such as fuel contracts, regulatory assets, decommissioning costs,
and purchased power; (2) including all assets both economic and
uneconomic; (3) estimating market price under competition which
would include the short run Houston Power and Light for $.02 in
which reliability and stability would not be a factor in the spot
market, using existing contracts and in the long run, a tendency
towards a replacement cost of $.03 to $.035 cents; (4) including
the growth of the system to meet the load; (5) escalating rates;
(5) mitigating factors which included increases: value of
transmission and distribution and increased productivity; (6)
setting the rate of return for discounted cash flow which was set
by staff at 30% and which the cities were attempting to lower; and
(7) the biggest assumption was that all customers could leave the
driving costs for all ratepayers to market based costs. There were I
several issues associated with stranded costs and TMPA cities. The
interests for TMPA and the cities were one and the same as the TMPA
debt was the debt for the cities. Each $.02 of uneconomic
production cost could equal approximately $26 million per year in
lost revenues. This would result in an uneconomic asset estimate
of $500 million to $1 billion. The annual TMPA debt service
increased by 1.7 cents per kWh over the payback period and TMPA
rates were expected to increase from 5.1 cents to 7.8 cents by the
year 2004. There might be additional stranded costs associated
with each cities own generation. When dealing with protecting
TMPA, a question was which customers could leave. The primary
cities had revenues pledged to the TMPA bonds, and the wholesale
cities of Bowie, Farmersville and Bridgeport would have to examine
what their contracts said with respect to termination. As
competition decreased the cost of services, it would be necessary
for TMPA to stay competitive but rates would go up because the TMPA
debt was heavy ended. The debt payments were higher near the end
of the schedule and thus it was not possible to decrease payments.
Possible strategies associated with stranded costs included (1)
including all generation related assets in the stranded costs; (2)
charging customers an exit fee; (3) the higher the stranded costs,
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City of Denton City Council Minutes rda No.'
April 23, 1996 ADWO Item
Page 5 Date
the more incentive for customers to stay; (4) possible backfire of
strategy if electric costs were too high and industry was forced to
relocate or shift production to areas where plants were able to
purchase at market costs; (5) not making a general assessment to
all system ratepayers as it would increase rates and make rates
even more uncompetitive; (6) accelerated depreciation of assets
could force a decrease in general fund transfers; (7) losing load
would hinder economic development, and (8) although TMPA could be
protected through stranded cost recovery, a city tax base could be
affected if electric rates were too high, causing a loss of
customers. A possible strategy involved planning ahead by
reviewing the fuel contract in view of coal versus gas costs which
could make TMPA more competitive if gas prices increased relative
to coal. Cities could reduce costs in other areas to survive an
adjustment period to market pricing. The sale of TMPA assets might
be another option to consider. There was a ne=d to consider the
effects of stranded costs on city budgets ai there would be
pressure to reduce general fund transfers. Suggested actions on
statewide issues included (1) an additional analysis to estimate
the full stranded costs for cities such as the estimate of
competition, market clearing prices, and the forecast of generation
costs for each city; (2) evaluate systemwide vs. Statewide costs;
(3) stay involved at the Public Utilities Commission and seek to
pro,:ect the City's interest even though the Public Utilities
Commission did not have jurisdiction, it would impact the cities
and therefore must be a player; (4) get involved at the legislative
level as that was where the decisions were made and the retail
competition would be the next hot issue. Actions to consider on
the local utility level were to reduce operating costs by
reengineering operations and aggressive fuel procurement; control
capital expenditures by solid benefit/cost analysis and evaluating
the financing structure; improving customer services by knowing
customer needs and tailoring services to specific customers; and
adopting a competitive business culture by introducing new
attitudes and removing attitudes that would not change.
4. The Council received a report, held a discussion and gave
staff direction regarding a proposed change in the ordinance
dealing with the hotel occupancy tax to address the 1995 State
legislative updates and City collection procedure changes.
Susan Croff, Internal Au:;itor, stated that the Audit Committee had
recommended a proposal for Council consideration to change the
hotel/motel occupancy ordinance, Section 10-101, the definition
section, was updated to reflect what was in the State regulations.
In 1993 monthly payments to the State were required and in 1995,
tax exempt individuals were no longer exempted by the hotels/motels
but would be refunded by the local governments. The reporting and
payment period changed from quarterly to monthly and provided
criteria to allow smaller hotels/motels to continue to report on a
quarterly basis. Section 10-102 had an added section which
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April 23, 1996
Page 6 A.geada Item
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included banquet halls in what could be taxed through the
hotel/motel tax. Section B was changed to reflect that the only
exempt individuals were permanent residents or those with an exempt
card. Section 10-103 deleted the one percent administrative fee as
the hotels/motels had never taken this one percent. Section 10-104
redefined the payment period to monthly payments instead of
quarterly payments. Section 10-109 added that the revenue from the
tax had to be expended according to chapter 351. Section 4 added
language that in the case where there might be a conflict between
the state law and the City ordinance, State law would prevail.
Council Member Brock asked if there was an anticipation of extra
staff work with the refunding to exempt individuals.
Croff stated that it would be difficult to say at this point in
time. There would be additional work as the Comptroller indicated
that the agencies of the State would have to ask for refunds on a
quarterly basis. The City would have to go through those refunds,
determine whether they were proper after the information was
submitted on whether or not to pay the refund.
Consensus of the Council was to return with an ordinance for formal
consideration.
5. The Council received a report, held a discussion and gave
staff direction regarding the adoption of a resolution creating an
at-will employment policy for the City of Denton.
City Attorney Prouty stated that staff had been working for a
number of months on a policy which would change the City from a
for-cause city to an at-will city. An outside attorney had been {
used for consultation. Texas was an at-will state with exceptions
to at-will being Civil Service employees and collective bargaining
employees. Some city charters, ordinances or personnel rules might
require that employees may be terminated only for cause. Denton's
charter did not require that. In 1988, the personnel policy was
changed to more of a for-cause policy. The personnel policy
created a for-cause employment with the current disciplinary causes
being very broad. They were categorized under two broad areas.
One was improper performance of duties and the other was personal
conduct. Although there were specific causes which were listed
under those two broad areas, there were also some very general
clauses such as insubordination, engaging in unbecoming conduct and
a number of others for which an employee could ba removed. The
current policy included a progressive discipline policy in which an
employee was worked through a series of discipline steps. There was
an elaborate notice and hearing process in the current policy.
There was also a Charter process which indicated that if the city
Manager removed any officer or head of a department, after six
months service, the employee had the right to receive notice in
writing of the reasons why the City Manager was removing him and
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City of Denton City Council Minutes A 61da No. ~s.a~-f--
April 23, 1996 Anrnda It_M ~
Page 7 Ut!! ~l-
aleo could demand a public hearing before the City Council. It did
not mean that the City Council could overturn the City Manager's
decision as another section of the Charter indicated that the City
Manager would have complete control over the appointment of
officers and employees under him and their removal. The Council
could not interfere with that. Under the law, cities retained the
right to change personnel policies without any time limit.
Personnel policies, under the law, were defined as changeable. One
way to transition to at-will would be through disclaimers. These
were notifications to employees that nothing in the personnel
policy would create a contractual relationship or a for-cause
relationship. Under the new at-will policy, the City Manager would
be directed to modify all personnel policies to implement an at-
will policy within six months of the effective date of the
resolution. The policy would cover all employees except Civil
Service employees and employees under contract such as the City
Manager, the City Attorney and the Municipal Judge. The policy
would be effective immediately as to new employees and would be
effective within six months for current employees. Within that six
moth period, the City Manager could terminate any employee without
cause. The City Manger still had the right to terminate any
employee for cause and the causes, under the current personnel
policy and the new at-will policy, were very broad. The City
Manager could offer employees terminated without cause the option
to remain in the position for a period not to exceed six months or,
at the employee's option, offer a severance package not to exceed
180 days of sr.lary. The City Manager may offer incumbents and new
hires, at the director level and above, written contracts. It was
not felt that the at-will policy varied much from the current
policy. There would be a disclaimer declaring that Denton was an
at-will city. The supervisors were encouraged to continue to
discipline employees for the causes listed which were basically the
same causes as before. The only difference was that the causes
were not exclusive and the supervisor was not limited to those
causes. The supervisor could discipline an employee for any other
cause or without cause. The progressive disciplinary policy was
preserved but the supervisor was not prevented from taking
appropriate action and skipping over some of the steps when
severity warranted which was already in the current policy. The
progressive disciplinary policy was a guideline and was not
exhauo'Cive or exclusive. The notice and hearing process was
preserved. The main step which was eliminated was the right of ;
cross examination. This made the process less confrontational and
allowed the process to work more smoothly and quickly. Department
heads and officers had the option to use the notice and hearing
process under at-will or could use the charter provision. There
were exceptions to at-will which would still be in place and
included age discrimination, the Americans with Disabilities Act,
Civil Rights Act of 1991, the Family Medical Leave Act, the Fair
Labor Standards Act, the Equal Pay Act, and the Whistleblowers Act.
The intention was to operate not much differently under the new
City of Denton City Council Minutes Aycoda No.
April 23, 1996 Agenda Item
Page 8 Dale
policy. There would be a transition from for-cause to at-will but
there would not be a dramatic change.
Acting City Manager Svehla stated that the City employees were the
City"s business. The City provided service and thus it was
'f imperative to treat the employees fairly. That was the goal in
writing this policy. Much of the existing procedure was included
in these draft policies for council consideration. The procedure
mirrored a great deal the current procedure as the City had a good
success rate with the current procedures. Council had been looking
at this for quite some time.
Council Member Miller stated that the new City Manager did not have
a contract but also was at-will. He had received calls about this
policy and there appeared to be a perception that the policy was
going to be greatly changed. Because of the news coverage the
perception was that considerable changes were being made but that
was not the case. There was a commitment from the management of
the City that it would continue to treat employees with respect and
would continue to follow due process. He understood that going
from the present system with-cause to at-will was indicating that
employees did not have contracts. If an employee did a job he
could expect to continue to be employed. There were a few
employees who felt that they could do what they wanted because of
due cause. As a Council Member, he was adamant that as an employer
of people in Denton, people should be treated fairly if they did a
good job and if action were going to take place, due process would
be followed. He did have a problem in offering contracts or
employment agreements to certain segments of the employee
population. He wanted more information as to why the City would
offer contracts to some employees and not to others. He also felt
that the real issue of at-will or for-cause was not with most
employees but was with those employees who were in responsible
positions. He felt that the real change should be for those
employees who were highly paid and who were responsible for the
work of many other employees. Firing at-will was not the intent of
the policy. He felt there was a need to have an open discussion
and an agreement on what the policy meant and the impact on
employees.
Council Member Brock stated that she also knew that there were
concerns among employees regarding this proposal. In making this
shift, the City was indicating that a City job was not an
entitlement. It was not a position automatically due to the
employee. There would be similar safeguards and due process which
was currently in place and she felt it was unfortunate that there
was some perception that this was being done to give the new city
Manager a tool to terminate employees. She felt it was important
that the Council knew what was going to be adopted, that the public
and particularly the employees understood the policy.
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City of Denton City Council Minutes Agenda 16 ~G~...._
April 23, 1996 genda No. -
Page 9 Agenda Item
Dais
Mayor Pro Tem Biles stated that this proposal would provide fine
tuning and accountability to the current policy. This was
something which the Council had been considering for almost a year.
He felt it was inappropriate and almost misleading the way the
newspaper article placed this not only from the start of the
headline but also the slant of the article. This was not about a
method to get rid of employees. Periodic fine tuning was done to
personnel policies and the newspaper article was grossly blown out
of proportion. At-will provided strong protection to all employees
at all levels and would be a uniform policy for all employees.
Council determined that when the new City Manager was hired, they
would not give any special protection to him and did not give him
a contract. The integrity of the policy remained in place. Council
was trying to make the policies more accountable to the taxpayers.
This proposal created a more efficient personnel policy.
Young motioned, Biles seconded to create an at-will employment
policy for the City of Denton.
Mayor Castleberry stated that the Council had had two discussions
regarding the level of employee this would effect - director and up
or all employees.
Council Member Young stated that his motion was for all employees
which was what Mayor Pro Tem Biles agreed to with his second.
Mayor Castleberry stated that this change was not at the request of
the new City Manager. This was a Council decision which they had
had discussions on this issue for many months. ,
Council Member Miller asked if the motion was to recommend the
policy as presented.
Council Member Young stated that his motion was to bring back the
resolution in the agenda materials at the next meeting.
Council Member Miller questioned whether Section 3 should stay in
the resolution or be removed.
Mayor ProT.em Biles felt that the entire resolution as prepared by
the City Attorney should be adopted without change. Section 3 was
an aid in dealing with retention and attracting key directors. The
City Manager should have that discretion to manage that particular
personnel issue. Section 3 was an important section for the policy.
Council Member Brock asked for a detail about offering contracts to
employees.
City Attorney Prouty stated that the Section dealt with severance
packages with provisiOn3 similar to the other employees appointed
by City Council. The City Manager could not make more favorable
City of Denton City Council Minutes At'
April 23, 1996 Agenda Ite
Page 10
Date
terms in an employment agreement than Council could. Section 1
indicated that the policies attached to the resolution would be
fine tuned again because the City Manager had just been given an
instruction to use those rules as a model to return with an at-will
policy. The City Manager retained the discretion to make
additional changes within the broad framework of that policy.
Within that six month period, the City Manager would be fine tuning
the policy within the guidelines attached to the resolution.
Council Member Brock stated that Section 3 indicated that the City
Manager was authorized to offer to incumbents and new hires
classified in key positions at the director level and above,
employment agreements providing for severance packages with
provisions similar to the agreements the City had with employees
directly employed by the City Council. Did employment agreement
imply a contract.
City Attorney Prouty stated that it was the same thing. The key
idea was that the City Manager had this authority but that
authority could not offer better terms than what the Council would
offer to the people it hired. The only concept was that the City
Manager would be given some authority to enter into an agreement
that provided a severance package to key employees.
Brock motioned, Miller seconded to propose an amendment to the
motion to eliminate Section 3.
Mayor Pro Tem Biles stated that by deleting section 3, the Council
would take away from the City Manager the opportunity to attract
key employees. He was opposed to deleting section 3.
Council Member Krueger stated that deleting Section 3 would take
money away from economic development. It would take away the
ability to promote and retain key employees. This would send the
wrong signal. Section 3 sent the message that the City wanted to
retain its directors and wanted to recruit for key positions within
the organization.
Council Member Miller stated that wording indicated was
"involuntarily terminated without cause." If an individual were
terminated with cause, the City would not have to pay him six
months pay. He did not know why the City should be different than
other organizations with at-will. Many cities attract key
employees at these levels without this type of employment
agreement. This tended to set up classes of employees. There was
a need to do at-will throughout the organization. Within that
frame work there would still be the ability to provide severance
pay.
Mayor Pro Tem Biles stated that Section 3 did not have anything to
do with the at-will employment policy. The City Manager could
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City of Denton City Council Minutes ~„er,da Na..~~1
April 23, 1996 ,
Page 11 d.Jenda Item
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offer to an employee a contract and at the end of the term of the
contract, not renew the contract. By not renewing the contract,
the employee was being told that this was the end of his
employment.
Council Member Miller felt that it had everything to do with at-
will. If the Council was not doing at-will, would it be a stand
alone policy. The City had been recruiting individuals for many
years and not have that type of policy.
On roll vote on the amendment, Miller "aye", Young "nay", Cott
Castleberry Krueger
"nay". "nay",
Motion Brock failed "aye"
with a B 2-5 s vote. and Mayor
Council Member Miller asked for a summary explanation from either
the City Manager or the Director of Human Resources as to what was
the current policy and what the change would do.
Acting City Manager Svehla stated that the City would be going from
a set of rules and procedures which indicated that certain things
had to be done in a certain order to accomplish discipline. The
change would be that that could be done at- will. It was suggested
that the way to do that was to use the procedures that basically
had always been used. That was progressive discipline as a
guideline, to have procedures where an employee could present his
side of the issue, to have an appeal process and to provide a fair
and equitable basis for employees.
On roll vote of the original motion, Miller "aye'$, Young "aye",
Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
With no further business, the mteting was adjourned at 8:30 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS _
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC00305
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Agenda No.-C76 -&Z
Agenda Item .a
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Date `
ML
CITY OFRENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE fqQ) 566-8307
Office of the Cffy Manager
CITY COUNCIL REPORT
TOt Mayor and Members of the City Council
FROMs Ted Benavides, City Manager
DATE: May 21, 1996
BUSJECTt Request For Exception to the Noise Ordinance for the Pro
Youth Rodeo Association Thursday, July 4, 1996 -
Saturday, July 6, 1996, until 12:00 midnight.
BACKGROUND
J. Mike Riley, representing the Pro Youth Rodeo Association, has
requested that the City Council grant an exception to the noise
ordinance for the use of a loudspeaker at the North Texas State
Fairgrounds Thursday, July 4, 1996, through Saturday, July 6, 1996,
until 12:00 m+.dnight (Attachment 1).
As you know, the noise ordinance declare,- 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.
The Pro Youth Rodeo Association is a non-profit organization that
introduces children to the sport of rodeo. Children 4 - 19 years
of age from all over Denton County will participate.
PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED:
Area Residents.
Fiscal Impact:
None.
"Dedicated to Quality Service"
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Agenda No..9~
Agtnde Item
Please advise if I can provide additional informaticlWl
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Prepared By:
Veronica S. Rolen
Administrative Assistant II
Approved By:
Ae Portugal
Assistant to the Ci y Manager
Attachments: 1. Request from Pro Youth Rodeo Association
2. Noise Ordinance
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PRO YOUTH RODEO ASSOCIATION
agandI No.
Apand~m
Dab
May 2,1996
Denton City Council
215 East McKinney Street
Denton, TX 76201.4229
To Members of the Denton City Council:
Pro Youth Rodeo Association respectively requests an exemption for the use of a loudspeaker for the purpeca
of conducting a youth rodeo at the North Texas State Fairgrounds Arena. The rodeo dates are as follows:
91 UNM
Thursday, July 4, 1996 12:00 Midnight
Friday, July 5, 1996 12:00 Midnigh:
Saturday, July 6, 1996 12:00 Midnight
The location is 2217 North Carroll Boulevard, North Texas State Fairgrounds.
Pro Youth Rodeo Association is a non-profit organization that introduces children to the sport of rodeo. The
association draws contestants from 4 years of age to 19 years of age. This event will be sponsored by
several local businesses. Many children from Denton Councy will participate.
Thank you for your consideration.
Sincer ,
P Yo ` odso Association
Mike Riley
122 Leesley Lane
Argyle, TX 76226
wenoa No. L ^ ( /
Agenda~Ite
Chapter 20 Da te1.L'1-1
,NUISANCES'
Art. I. In General, Of 20.1-20.30
Art. IL Abandoned Property, tt 20.31-20.70
Div. I. Generally. It 20.31-20.40
Div. 2. Motor Vehicles, It 20-41-20.70
Art, M. Grace and Weeds, t# 20.71-20.73
ARTICLE 1. IN GENERAL
sec. 20.1. Notes.
rat It shall be unlawful for any person to make or cause any unrearnably 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
ib) 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.
ief The following acts, among others, are declared to be noise nuiuncee 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 o with such volume, particularly between the hours o110 10 p.m. and 7.00
a.m., u to annoy or disturb the quiet, comfort or repose of persons of ordinary 3en-
sibilities in any dwelling, hotel or other type or residence;
41 The use of any stationary loudspeaker, amplifier or musical instrumen i suc hmmanner
or with such volume as to annoy or disturb persons of ordinary e
immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7.00
a.m., or the operation of such loudspeaker, amplifier or music altrument a at any
upon
time on sundae, provided, however, that the city council may
application when the public interest wilkbe served thereby,,
l3! The Mowing of any steam whistle attached to any stationary boiler or the blowing of
saw other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or as a warning of danger,
141 The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through
'Crow raferencea-Protaeted migratary bird roosts declared nuisance, t "I; inspection
and abatement warrnts, t 19.86 at seq.; insect and rodent control in mobile home and rec-
reational vehicle parks, 132-91.
9u9e. No. 1 1389
T--
4
.;ends No.
1 20.1 DENTON CODE Agenda Item
Date'' . ~
Saturday; provided, howe%er, that the city council may issue special permits for such
work at other hours in case of urgent necessity and in the interact of public safety and
convenience;
(5) The creation of any loud and excessive noise in connection with the loading or un.
leading of any vehicle or the opening or destruction of bales, boxes, crates or con.
tamers;
' (6) The use of any drum, loudspeaker or other instrument or device for the purpose of
i attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, We of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thsreto.
(Code 1966, It 14.20, 14-21)
Crow refortaee-Animal noise, 16.26.
Sec. 2062. Odors. ,
(a) It shall be' unlawful for any person to create or cause any unreasonably noidous,
unpleasant or strong odor which awes 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 cauw any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable t
enjoyment of private boom by persons of ordinary sensibilities.
W The following acts or conditions, among others, are dechu*d to be odor nuisances in
violation of this Code, but such enumeration shall not be doomed to be exclusive.
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar plasm where
animals are kept or fed which disturb the comfort and repose of parsons of ordinary
sensibilities;
(2) Offensive odors fiom privies and other simile: places;
(3) Offensive odors from the use or possession of chemicals or from iadust" processes or
activities which disturb the comfort and repose of persons of ordins.y sensibilities;
(4) Offensive odors fbm smoke from the burning of trash, rubbish, rubber, chemicals or
other things or nrbdonoes;
(5) Offmaive odors from stagnant pools allowed to remain on any promises or from
rotting gwbap, refuse, offal or dead animals on any premises.
(Code 1966, N 14.2$ 14.23) '
See. 20-3. aarbaj% thrash and mbbfsh nuisanow-Generally.
(a) Storing or knong gurbap, trade and rubbish. The storing or keeping of any and all
stacks, heaps or piles of old lumber, refuse, junk, old cars or maehWary or pests thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or
buildings, piles of stone, bricks or broken rocks on any premises bordering any public street
311pp. No. 1 1390
r, +.',v z{
Agenda Mo.
Agenda Item
!
CITY COUNCIL REPORT Date
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: May 21, 1996
SUBJECT: Request to rezone 21.62 acres, known as the Estates of Forrestridge Section 11 to the
Single-Family-Sixteen (SF-16) district
RECOMMENDATION: The Planning and Zoning Commission recommended approval.
SUMMARY: See attached report.
BACKGROUND: See attached report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Property owner(s), surrounding residents.
FISCAL IMPACT: None.
RESPECTFULLY SUBMITTED.
Ted Benavides, City Manager
Prepared by:
Fra414)b/bins,AIC
Director of Planning Development
A~7COOA9!
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AQer:da No.
Agenda he
STAFF REPORT Date c
To: Denton Planning and Zoning Commission
Case No.: Z-95-029 Meeting Date: May 21, 1996
GENERAL INFORMATION
Applicant: Dal-Tech Engineering
17311 Dallas Parkway, Suite 200
Dallas, TX 75248
Owner: Lodge Construction
Requested Action: Establish Single Family SF-16 zoning district classification on tract of 21.62
acres which is temporarily zoned Agriculture "A".
Location and Size: The subject property is located in the Estates of Forrestridge, Section II, at the
western terminus of El Paseo Drive.
Surrounding Land Use and Zoning:
North - Agriculture (A); vacant.
South - Outside city limits, Singie-family residential and agriculture use.
East - SF-16, Single family residential use.
West - Outside city limit, Single-family residential and agriculture use.
Denton Development Plan: Low Intensity Area #83 (78% allocated).
SPECIAL INFORMATION
Planning and Zoning Commission approved the final plat for the Estates of Forrestridge, Section 11, at
its regular meeting on February 14, 1996. The approved final plat provides for the development of 43
single-family lots of 16,000 square feet and larger.
At that time, the proposed singt:-family use was discussed. In fact, the conceptual use of all sections
as "large lot" single-family accompanied a 1992 preliminary plat of the Estates of Forrestridge, although
the land use was not approved at that time.
Agenda No.
Agenda Ite
DaSe.? '
BACKGROUND
The subject property has been annexed into the City by Ordinance #96-059 dated March 19, 1996.
NOTIFICATION
Twenty-four notices were trailed to property owners within 200 feet of this tract. One reply has been
received in favor of the proposed rezoning.
ANALYSIS
Intensity Policy: The Denton Development Plan (DDP) allocates 60 trips per day per gross acre (t/d/ac)
for low intensity areas. The DDP states that "as a general DlannJng-policy, a specific development should
only make use of a proportionate share of t- (rip generation intensity allocated for the intensity area
affected". In this case the subject property is located in low intensity area #83 and single family SP-16
land use generates 20 t/d/ac, which is less than the 60 t/d/ac proportionate share allocation. Since
existing land uses in this planning area include low density residential and vacant lands, the overall
intensity allocation for the 659-acre study area is only 78%.
The DDP also emphasizes that low intensity areas should "represent the primary hou in¢ areas in the City
D nt n". The proposed SF-16 zoning district classification for the subject property is compatible with
land use developments in the surrounding area and consistent with the policies of the DDP. The chart
below summarizes the DDP policy analyses.
Denton Development Plan
Policy Analysis Summary
a"60f)-vt RAN
POLICY COMMENTS sue, sase.nr c.",t,t~w
rnro.mre.e tM~.~e
To be consistent with the Plan a The DDP allocates a proportionate share of x
d welopment should not exceed in 1297 intensity trips (21.62 a 60). The
allocated Intensity. proposed development will generate 430
Intensity trips (43 x 10) or 33 % of its
rropordon.' share.
Strict site plan control within 1.600 SF- 16 residential development is consistent x
feet of existing low density with surrounding zoning and land uses,
residential. although a specific site plan Is not available or
practical. L
~I
Agenda N0..
Agenda Ite ^ C
Suffiiciew green space, recreational Existing parks are adeguate to serve this X
facilities and diversity or parks are neighborhood.
provided.
Input into Ping by SF-16 residential development is consistent X
neighborhood usociations and w th surrounding lofting and existing band uses.
councils is encouraged.
RECOMMENDATION
The Commission recommends approval of this rezoning request.
ALTERNATIVES
1. Approve.
2. Deny.
3. Postpone.
4. Table.
ATTACHMENTS
I
1. Location Map.
2. Zoning notification area.
3. Intensity file #83.
4. Draft ordinance,
5. Minutes.
AXXnDA"
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Aziarpda No.
Agenda !rent
Date
ATTACHMENT 1~-
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INTSNNITT ARBA 1 63 Iti~ 659.16 ACSSS
DOVNOART OSACRIPTION
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cast: toceeatcidye and oxtended south to Ryan Road e
1! west: US 377 and Santa to Rsilcoad AwdaND,
North: Robson Lane
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
_ CITY OF DENTON
Intensity area 0: 83 Type: Low Intensity trips/ac 60
Traffic survey zones: 6598 6650
Boundary Description: North: Hobson Rd.
South: Ryan Rd.
Date: 09/28/93 East: Forrestridge to Ryan Rd.
West: US 377 and Santa Fe Railroad
LAND USE EXISTING LAND USE
CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSI4'
220 126.97 2200 34.07 681.4 SF-10>16 14 5.11 140 32.05 961.5
0 0 0
SF-7>10 0 0 0 44 132 1320
LESS SF-7 0 0 0 0 0 0
0 0 0 0 6.5 43 430
M0B.HOMES 0 0 0 0 0 14.65 125 1250
DUPLEX 0 0 0 0
MF-R 0 0 0 0 0 0 0 29 6
MF-1i2 52 4.86 416 .54 357 2856
COM/RET 0 1.4 0 0 0 0 0
OFFICE 910 0 0 0 0 0
0 0
`1DUSTRY 0 0 0 0 0 0
0 10.26 1077.3 4.79 ,502.95 0
STI'NAL 0 0 0 0 0
PARKS 0 0 0 00 0 0 0 0
R/O/SPACE 0 0 0 0 0 0 0
TRANSPORT 0 47.39 0 00 0 0 0 0
AGRIC. 0 0 0 0 0 0
VACANT 0 473.13 00 109.19 0 0 0 0
193.34 p 0 0
4743 378.44 2146 '
TOTAL 286 669.12 ------657-----5856
------------------------------------------------------------69
INTENSITY CALCULATIONS
(2) Intensity area total trips 669.12 times 60 40147
(2) Trips allocated to existing land use
(3) Trips allocated to current zoning incl. P Ds 4743
(4) Trips allocated to vacant lands not zoned plus nAgricilzoning 18452
(5) Estimated unallocated intensity trips 1)minus(2)+(3)+(4) 8450
----_(6)-Percentage of intensity trips allocated
78
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Agenda No.
Agenda Ile
Date
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING AN ORIGINAL
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION OF SINGLE FAMILY
(SF-16) FOR A 21.667 ACRE TRACT LOCATED AT THE WESTERN TERMINUS OF
EL PASEO DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Dal-Tech Engineering has applied for an original
zoning district classification and use designation for a 21.667
acre tract of land located at the western terminus of El Paseo
Drive, recently annexed and temporarily classified as temporary
Agricultural (A), pending original zoning, and
WHEREAS, on April 10, 1996, the Planning and Zoning Commission
recommended approval of the requested original zoning; and
WHEREAS, the City Council finds that the original zoning
herein established will be in compliance with the Denton Develop-
ment Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 21,667 acres of land described in Exhibit A, i.
attached hereto and incorporated into this ordinance by reference,
is hereby established as Single Family (SF-16) under the comprehen-
sive zoning ordinance of the City of Denton, Texas.
SECTION Ir. That the City's official zoning map is amended to {
show the changes in zoning district classification.
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 IV. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this day of
1996.
( JACK MILLER, MAYOR
rd aa~
N~enda No _
i
Agenda item
Date l
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT 1.. PROUTY, CITY ATTORNEY
BYe
F
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Agenda ite
uate '
f 0W83TRIDGB SECTION II
FIELD NOTES
21.6167 ACRE TRACT
Being a tract of land situated in the T.J. Martin Survey, Abstract No.
900, Denton County, Texas and being a part of "Tract I" of that certain
parcel of land described in two tracts and conveyed by deed from First
Texas Savings Association to Lodge Construction Company, Inc., recorded
in Volume 1115, Page 211, Deed Records of Denton County, Texas and
being further described as follows:
COMMENCING at the Southwest corner of Section III of Estates of
Forrestridge, an addition to the City of Denton, plat of which is
recorded in Volume E, Page 375, Plat Records of Denton County, Texas,
said commencing point also being on the North line of Ryan Road (a 70,
R.O.W.);
THENCE North 00 degrees 19 minutes 42 seconds West, along the East line
of said Forrestridge Section III, a distance of 1756.39' to the POINT
OF BEGINNING;
THENCE North 89 degrees 07 minutes and 03 seconds West in Sanders Road,
a distance of 326.09 feet to an iron pin at the Southeast corner of a
tract described in a deed from Nicky C. James et ux to Steve Fanning et
ux recorded in Volume 1044, Page 898 Deed Records, Denton County,
Texas;
THENCE North 00 degrees 37 minutes and 05 seconds East with a fence, a
distance of 271.14 feet to an iron pin at the Northeast corner of said
Fanning tract;
i
THENCE South 89 degrees 47 minutes and 21 seconds West with a fence, a
distance of 515.04 feet to an iron pin at the Westerly Southwest corner
of subject tract;
THENCE North 00 degrees 06 minutes and 16 seconds West along and near a
fence, a distance of 1016.25 feet to an iron pin at the Northwest
corner of said tract;
THENCE North 89 degrees 48 minutes and 21 seconds East along and near a
fence, a distance of 842.91 feet to an iron pin at the Northeast corner
of said tract on the East boundary line of the T.J. Martin Survey, and
the West boundary line of Section II of Forrestridge, an addition to
the City of Denton, Plat of which is recorded in Volume C, wage 12,
Plat Records, Denton County, Texas;
THENCE South 00 degrees 17 minutes and 36 seconds East, with said
survey line a distance of 1287.66 feet to the POINT OF BEGINNING and
CONTAINING in all 21.6167 acres of land, more or less.
4
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P&Z Minutes ATTACHMENT 5 N -
April 10, 1996 it
Page 21 C a A ~t
IV. Hold apublic hearing and consider zoning 21.62 acres from A to SF-16. The site is located at the
western terminus of El Paseo Drive and is known as the Estates of Forrestridge, Section 2. (Z-95-
029)
Ms. Russell opened the public hearing.
Mr. Ycst: This prope,ty was annexed in March and the preliminary plat was approved in February.
This is mainly for large lots. There are forty-three large single family lots. There was an analysis
of the F)DP policy done. Three of the four are consistent with the DDP policy. The primary one
is that there is a reduction in the overall intensity with the proposal. Staff recommends approval.
Ms. Russell: Would the petitioner cane to speak? Is there anyone to speak in favor of the petition?
There is no one in the audience except for staff so there was no one to speak in favor or opposition.
We will close the public hearing.
Mr. Cochran: I move we recommend approval of the request to rezone 21.62 acres from the
temporary Agricultural to Single Family 16 zoning district.
Mr. Powell: Second. We have already annexed this property haven't we?
Mr. Yost: That is correct.
Mr. Powell: There was a letter in the backup talked about annexation.
Mr. Yost: We have annexed this and it was done in March. There were twenty-four notices sent
out for the zoning and there was one in opposition and one in favor. There were five replies for
Ldhe nexation. You are correct, the annexation has taken place.
ussell: Any discussion? All in favor of the motion please raise your right hand. Opposed
sign. Appr oved. (6-0)
V. Consider the General Development Plan of 401.622 acres located on the east side of Mayhill Road,
generally north of Foster Road and west of Pecan Creek. The subject property is owned by the City
of Denton, and is the current location of the City's landfill and sewer treatment plant.
Mr. Yost: This entire four hundred plus acres is owned by the city and is in several zoning
districts. There are two reasons for a GDP, one is to show what is currently there and the other
is to show what is proposed for the future. The zoning districts are PD 42, Light Industrial with
an SUP for the landfill and d,.e sewage treatment plant, and Agricultural. The reason for this is to
show the area for the new location of a microwave transmitting tower. ARC recommends approval.
Ms. Russell: 1 understand that the reason for moving this tower is because it actually is a business.
Mr. Yost: The proposed landfill expansion will include the area where the tower is currently
located. Rather than building the landfill around the tower the city is moving the tower at their
expense. This is a microwave tower for pagers and such.
s~
s
Agenda No.
Agenda Item `
CITY COUNCIL REPORT Date
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: May 21, 1996
SUBJECT: Rezoning of 1.63 acres from SF-16 to 2-F
RECOMMENDATION: The Planning and Zoning Commission recommended approval.
SUMMARY: See attached report.
BACKGROUND: See attached report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Property ownerls), surrounding residents.
FISCAL IMPACT: None.
RESPECTFULLY SUBMITTED:
Ted Benavides, City Manager
Prepared by:
Frank H. Robbins, AICP
Director of Planning and Development
AU00AU
F
A;enda No.
Agenda llpn
REPORT TO THE CITY COUNCIL Dale
To: Mayor and Members of the City Council
Case No.: Z-98.010 Meeting Date: May 21, 1996
GENERAL INFORMATION
Applicant: City of Denton
215 E. McKinney
Denton, TX 76201
Current Owner: T.A.T. Investments
Requested Action: Change from the Single-Family (SF-161 zoning district to the
duplex (2F) district.
Location and Size: The 1.63-acre site is located on the east side of Lillian Miller
Pkwy., approximately 350 ft. north of Southridge Drive.
Surrounding Lend Use and Zoning:
North - Directly to the north is 2F zoning, with an approved Specific Use
Permit for a retirement home
South - Planned Development No. 153; single-family residences known
as Southridge Estates
East 2F zoning; S.U.P. for retirement home; undeveloped
West The right-of-way of Lillian Miller Pkwy.
Denton Development Plan:
Study area #77; Low intensity; 155% allocated.
SPECIAL INFORMATION
e Engineering & Transportation:
Existing infrastructure is adequate; will not change with rezoning.
e Drainage:
Existing infrastructure is adequate; will not change with rezoning. Development of the
retirement home (S.U.P. No. 208) will require underground drainage across the site.
j
f
,
agenda No. ~
Agenda ItemWA
e Landscaping: Date
Landscaping will not be altered by zoning; additional trees will be planted in this area
per the S.U.P.
• Utilities:
Existing infrastructure is adequate; will not change with rezoning.
HISTORY
In 1980, Z-1435 rezoned land to several different zoning districts. Some of the zoning
lines were proposed to follow the future Lillian Miller Pkwy., which was then named
Ridgeway Dr.
In all liklihood, Lillian Miller Pkwy. was actually built with a different alignment than
was initially designed. The result is a 1.63-acre "sliver" of land that is actually zoned
SF-16; not 2F as was presumed for years.
Clearly, the 1980 case intended that the zoning district follow the road, but that was
not the result.
On 3127/96, the Commission authorized the staff to proceed with this rezoning to
clean up the discrepancy, brought to light by our GIS mapping system.
NOTIFICATION:
On April 12, 1996, seven notices of tonight's hearing were mailer' '.o property owners
within 200 ft. Owners were invited to call or contact this department with any
questions. No replies have been received at this writing.
{
ANALYSIS
The proposal was evaluated in terms of its compatibility to applicable policies of the
Denton Development Plan:
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AgeDENTON DEVELOPMENT PLAN ANALYSIS Date DOP POLICY COMMENTS
eMN~F aOMf- CONgai-
CANTIT WHAT TEXT
INcoN• NOON, IY/fN
SkITM WTf3/T ►OL1CT
To be consistent with the The 1.63-acre site, being in a low intensity area, is
Plan, a development should allocated 60 intensity trim per acre; 97.8 trips. By
not exceed its allocated zoning it would have 130.4 trips. Since it is covered
Intensity, by S,U.P. #208, it Is unchanged,
Strict site plan control There is no site plan with this rezoning, but there is
within 1,600 ft. of existing with the associated S.U.P. X
low dans'ty residential use.
Input Into planning by No inquiries have been received on this matter. But
neighborhood groups and meetings were held on the approved S.U.P., which x
commissions is encouraged designated the land use.
Traffic design to ensure Lillian Miller Pkwy, is classified as a secondary
access to collector streets arterial street at this x
point. A landscaped median
or larger arterials exists in the roadway.
Low density neighborhoods The approved S.I.I.P. portrays a landscaped butfar
should be protected by where t e property abuts single-family use, x
landscaped buffers.
Diversified housing types Both duplex (allowed by right) and the retirement
should be encouraged in home (allowed by S.U.I are diverse housing types, R
Denton as a whole
RECOMMENDATION
The area has wrongly been assumed to be zoned 2F for years. Therefore tha
Commission recommends approval of Z-96-010.
ALTERNATIVES
1. Approve.
2. Deny.
3. Postpone.
4, Table.
ATTACHMENTS
1, Location map.
2. Approved S.U.P.
3. Intensity data.
4. Draft ordinance.
6. Minutes.
AXXOCA84
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I Ir( STREET YARD 6&075 SF
ZONED 2F I ZONED GP A I! -Q SPRINKLER SYSTEM
Gayya Ylr~l.•r.u rt•alat 1.l Il•' LANOSCAPNG REDO 1,3,615SF
1 r, a•.rn•.^'•••I LANOSCAONO, PROVIDED 27.W
OAKMON? VILLAGE SPENf/C L/S PERM/T S/jE_J?LyN_
LAS/DSfAPL PLAN
o/ n,PlviTf tYEO
PRELIMINARY PLAT OF Lot I , BLOCK A. . LILLIAN- MILLER
ADDITION. CItY OF OENTONI Mw ,
DENTON COUNTY, TEXAS LANG! -
r`- eG ■sN~ ti OAxAgNT VILLAGi
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ATTACHMENT 3
Agenda No.
Agenda Ite
Date JA
LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
Intensity area 77
Type: - Low "
Traffic survey zones: 6600E 6613A Intensity trips/ac 60
0
Boundary Description: North: A line separating 2F and GR zoning
South: Robinson, State School Rd, city limit to I-35
Date: 08/15/95 East: I-355
West: Lillian Miller Pkwy, and FM 2181
LAND USE EXISTING LAND USE CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY A ]PLANNED DEVELOPMENTS
UNITS INTENSITY
SF-16 < -
17 15.79 174 136 2720 - " 0 ------0------
SF-1016 0
0 0 0 p 1,42 0
SF-7x10 125 42.66 2250 5.69 238.98 71.232 0
LESS SF-7 0 0 0 0 536 5360
MOB.HOMES 270 71.64 2700 0 63.83 766 7660
DUPLEX p 0 0 0 4 0
0 7.42 593.6 18.03 0
P,
MF-R 0 0 0 0 0 4.7 302 3020
MF- 0 0 0 0 32 256
COM/RET 31.07 260 2080
OFFZCS a 15.7 10205 4.53 2944.5 75.14 0 48841
0 0 4.706 1647.1 12.834
"DUSTRY 0 3.73 391.65 8.54 896.7 0 4491.9
.STI'NAL 0 145 12325 0 0 0
PARKS 0 43.09 1292.7 0 0 0 0
R/0/SPACE 0 0 0 0
0
0
13.15 0 0 0 36.63
TRANSPORT 0 68.16 0 10.26 0 0
AGRIC. 0 0 0
0 4 218.33 0 0
VACANT 0 896.16 0 0 0 0
0 0 0 0
TOTAL 412 1315.48
28334 395.476
9091 314.486 1896
71709
INTENSITY CALCULATIONS
(1) Intensity area total trips 1315.08 times
(2) Trips allocated to existing land use 60 78905
(3) Trips allocated to current zoning incl. P Ds (not built) 28334
80750
(4) Trips allocated to vacant lands not zoned plus Agric. zoning 13100
(5) Estimated unallocated intensity trips 1)minus(2)+(3)+(4) -43279
--(6) Percentage of intensity trips allocated
---------------------------------------------------------------------155-
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ATTACHMENT 4 Agenda N0. 0
Agenda Ile
Date ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON. TEXAS, PROVIDING FOR A CHANGE
FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION TO THE TWO FAMILY (2F) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 1.63 ACRES OF LAND LOCATED
ADJACENT TO THE EAST SIDE OF LILLIAN MILLER PARKWAY, APPROXIMATELY
350 FEET NORTH OF SOUTHRIDGE DRIVE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, to resolve a zoning map
error, initiated a change in zoning for 1.63 acres of land from the
Single Family 16 (SF-16) zoning district classification and use
designation to the Two Family (2F) zoning district classification
and use designation, to match the zoning for the remainder of the
property; and
WHEREAS, on April 24, 1996, the Pla;uiing and Zoning Commission
recommended approval of the proposed change; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS:
SECTION 1. That the zoning district classification and use
designation of 1.63 acres of land, being that westernmost spandrel
of the property described in Exhibit 1 which is currently zoned for
single family dwellings (SF-16), and which fronts on Lillian Miller
Drive, is changed from the Single Family (SF-16) zoning district
classification and use designation to the Two Family (2F) zoning
district classification and use designation under the comprehensive
zoning ordinance of the City of Denton, Texas, to match the exist-
ing zoning on the remainder of the property legally described in
Exhibit 1, such that all of the land legally described in Exhibit
1 will carry the zoning district classification and use designation
of Two Family (2F).
SEQZ ON 11. That the City's official zoning map is hereby
amended to Show the change in zoning district classification.
SECTION III. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION IV. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper
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Agenda No.
Agenda 1te 7 _
Date ^
published in "he City of Denton, Texas, within ten 110) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY
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- Agenda No. L L .
Agenda Item
Date C tel.
ALL THAT CERTAIN IAACT OR PARCEL OF LAND IYNG A.YO KING SINAI(C
IN ME JOHN MCOOWN SURVEY ADSIRACT 707. QTY AND COUNTY OF
ANWD MOM /RYAN 0. MINS. SutST UR S1EE ATOM ST
SA W OS ASMA1p0N. ON THE 71H DAY OF MOYttiMNA is", r4eMOEO *
YCLLMIE 2070 PAC[ 930. REAL PROPERTY AECMS OF DENTOM COUNTY,
WJW AND IERIO MORE PAAnftARLY DLSCMEO AS FO►LOK.
COMYENCWG AT AN IRON PR AT TK SOUfl1EAST CORNER Of SAID SECOND
MACY;
NEW NORTN 02 OEOWS 27 MMMTES 10 SECONDS WEST NEAR A FENCE
ION " Ulf LINE Or THE MC004141 XMV(V A DISTANCE Or in$.S7 FEET
TO A FOW* " fill FOR CORNER;
WGIM SOUM M K M ILS 39 WQTES 4S SECONDS VIIESI A OWAMIX OF
1063.30 M 70 AN 00 PN sm" AT TNF soulNrtsT OORNFJI Of A
DEED mm" I F>gAM 471.' 904.
fC xvgq =MKry~ S. SAID i * PIN P6mt1►c m
PONT OF kgW4 Or 111E WA MI DEg"" TRACI;
T11E M %W N N DC%1I M MMRITES 411 SECIDOM WEST A MIAla OF
3"%% Fat M AN MlON PW FIRM ON N EAST RIOIT Of NAY OF
UWAv WAD PAIMTTfAY;
PAM NMIN U DORIES N WIUTES 03 SECONDS EASY MM 1W EAST
ROT-CF-WAY OF UWAN MUM PAAIIINWAY. A DISTANCE OF 302 50 TO
AN IRON 00 FOIIIID no DORMER;
ON A MOVIE TO M LEFT ON THE EAST 01011-01-11AY Of
LRLIAN WAN PAlAOWfAY, NAWO A CP*k MW OF 30 111101 q
WIM 39 W'8 0 A AAOWS 0? rjf7.74 fit, A Oft W IMIN 13
NMI 63 ifiM 'f 13 St0011p6 LAW 136.0 MT. AN AM L"t w
111.97 PW 10 AN Oft ft f0lDllp AT A sOiww COM1(R 0f' LOf M.
KLAW 110 PINO BATED. OECW410 If CANKT E. PADS
31L PLAT IRCM W DENTON MOUNTY, 11tKAk
W N ERNS IWU 33 MNUTES 23 SECOM EAST M1M TK SWIR
04TANOE OF 18S." FW TO AN M CEN1tiR AODIItON, A
Pft
'NOM "UN of KWIS 57 WAVES N SCCONOS EAST VAN A WEST
RW a a INLOY -9 2TO~TIIE PO W WE NT OF K0*00 ,TAPW 01 T'AU
5.3,00 ACPis or LAND.
M~It~ I
MTA L P. 02
ATTACHMENT 2
•n Agenda No. 7117- ati on
Agenda RenT"
Date
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PAZ Mifallea ATTACHMENT 5 Agenda No. `0 _
April 249 1996 Agenda Item--
Page 13 Date
being a replat of the Sun Country Addition and 7.489 acres of unplatted land in the Alex Will
Survey, Abt><ract 623, The subject property is located on the southeast corner of Bernard and
Collins Stmts.
Ms. Russell opened the public hearing.
Mr. Reeves: This is a preliminary replat. DRC recommends approval subject to a couple of
conditions. Our Subdivision Regulations require that driveway entrances be shown onto arterial
:tracts on a preliminary plat. These arc collector level streets, therefore they are not ntxded to be
shown. They are befog d mm and this is the docurnee.tt that you are approving. The driveway
entrance or Collins, do appiicatts were asked b give us a site distance calculation so that we could
be assured that location will pavide the minimum arnowit of site distance for curs coming from the
west on Collins Street. We have rot received a site distance calculation and they chose not to
rerttove the ddvewgt The condition that we are asking for is that the driveways either be removed
and atadter docurtnertt submitted, or that the site calculation be provided. Secondly the other
conditim is that tide is a side by side twentyfour foot drainage easement and a sixteen foot utility
easerttertt We are asking them to combine that into a forty foot easement. With that in mind and
sh= these are not major we don't want to hold them up, bbtt we will not bring a final plat until
those changes have been done. DRC recommends approva, with those two conditions.
Ms. Russell: Would the petitioner care to speak?
Mr. Kenny Sl inl t: My name is Kenny Steinhart and I am with First Worthing Company. We
are the develops. Right now we have Mctroplex Engineering doing our work and they Eve in the
process of doing these calatladons and revising the plat as was asked. We wil l have that to you as
soon as possible.
Ms. Russell: 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. Codtrart I move we approve the preliminary neplat of Lot 1, Block A of the Arbors of Denton
subject to the following conditions. (1tn that the driveways along Bernard and Collins be removed
or the sine distance cakulat = be sulmitted for the Collins Street driveway, and secondly that the
side by side twenty-four foot and sixteen foot drainage and utility easements be combined into a
single forty foot drainage and utility easement.
Mr. Powell: Second.
Ms. Mussel;: Any discussion? All in favo: please raise ,,out right hand. Opposed same sign.
Approved. (6-0)
Ten minute break at 7:46 p.m.
Reconvene at 8:00 p.m.
IV. Hold a public hearing and consider the rezoning of a 1.63 acre site on the east side of Lillian Miller
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PAZ Mimcft Agenda ND.~)
Apti124, 19% Agenda item
Page 14 Oates'
Parkway from Single-Family 16 (SR16) 10 TWO-Family (2F) zoning district. The site is
APProxrmatety 330 north of Southridge Drive. (7.46-0I0)
Ms. Russell openrd the public hearing.
Mr. Yost This is a clean ep. It was brought to light by our computerized zoning, GIS napping
system. We are asking that this 1.63 acres be rezoned from Single Family - 16 to 2F, duplex.
When the curm zoning was done in 1980 Llillian Miller did not exist and the road, Ridgeway, had
a match *Wgtwr alignment. Ullian Miller was built with more of A curve to it, therefore there was
A Pmwd of land that for years everyone assumed was zoned 20. it is still zoned SF-16. This was
part of the property that was MMWY Prpertled for an SUP for a retirement home. This proposal
is for the most part consistent with the DentLn Development Plan. Staff recommends approval.
Ms. Russell: is there anyone to speak in favor of the petition? Is this piece of land buildable?
Mr. Yost: The 1.6 acres by itself would be difficult to build on. The current SUP governs what
will be built there.
Ms. Russell: Is there anyone to speak in opposition?
Mr. Richard Bragg: My name is Richard Bragg and I live at 2537 Natchez Trace. I spoke in favor
of the SUP. My concern if trey go to two family is, what is to prc ent them from building
sego area;,. That would lower stir property value.
Mr. Yost: The existing SUP that has been approved says that there will be a retirement home of
so many square feet on that area artyl nothing more. That is the protection that we have now. There
is nothing planned for this particular area
Mr. Br 1
agg: I am just a concerned property owner. 1 d ' not want them to come in and put the
retirement home in and then come back and put in duplexes.
Mr. Powell: What is the zoning fos the rest of the SUP?
Mr. Yost: Dtnplcx.
Mr. Powell: Myy understanding is that the only way they can build anything other than the
retirement home is to come back before us with a request for a change?
Mr. Robbins: The SUP is in addition to all of the uses allowed in the 2F zoning district. So if the
retirement home does not go they would have a land use that would allow all of the 2F uses.
Mr. Powell: So if the retirement home were to go away then they could come in and build
duplexes?
Mr. Robbins: Only to plat it. The land use allowed would be duplex. You could build duplexes,
the SUP allows, in addition to duplexes, the retirement home. One of the points is, that is what
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P&Z Minutes Agenda No. C~
Apri124+ 19% Agenda Item-
PaBe 15
t)ate was mum b be done when the property was zoned. Lillian Miller wrs just built in a different
ph".
Mr. Powell: Could the fan that this gentleman has be realized without any further action by this
Commission or the City Council?
Mr. Yost: Not by ire dtvdopers of the retirement home. If for some reason the retirement home
went away then It would be 2F and duplexes could be built.
Mr. Powell: But the real of the property is duplexes anyway?
Mr. Yost: Right.
Mr. Moreno: If this tract were root rezoned would it prevent the retirement home from being built?
Mr. Yost: No it would not. Under the current inning classification, SF-16, a retirement home is
allowed with an SUP. Right now the developer has an SUP for" that is zoned 2F and SF-16.
The zoning is legal.
Mr. Powell: Why did the city initiate NO
Mr. Yost: There is a Im incompatibility issue.
Mr. Powell: WIny didn't you come to us and ask us to rezone the other part as SF-16? Since the
retirement home could be built In SF-16 with on SUP why not clean it up the other way?
Mr. Robbins: When thw 2F zoning was done it went all the way to what was then called Ridgeway.
When Lillian Miller was built it was built with a deeper curve and the zoning wasn't changed. The
2F zoning is what was intended for the property.
Mr. Drake: So the p:esumd intent was to have the 2F zoning
street. I hate to sce the Idea of a clean-up minimized in any wy o Ilan the certainly vthe curb the
ouch thatf this
is a worth while project to achieve some sort of an expectation and harmony.
Mr. Cochran: The mistake was on this piece and that is why we are cleaning it up and not changing
it back to single family,
Ms, Russell: Is there anyone else to speak in opposition to the petition? We will close the public
hearing.
Mr. Yost: There were reply forms mailed out to all of the owner; within two hundred feet of the
property and as of today we have not received any back.
Mr. Cochran: I move that we recommend approval of Z-96-010 to the City Council.
Mr. Jones: Second.
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PdtZ Min ges
April 24, 1496 Agenda No. _
Page 16 Agenda Ise
Ml- Russell: Any discussion? All
Approved. (60) in favor please raise your right haul. opposed saute sign
V. Noiid apubl and corns We the Detailed Plan of 10 acres within PI
42. The s!itce ishcsn ringlocated on the east side of Mayhil! Road, Planned Development No.
Treatment Plant Road. approximately 1.800 feet north of
Ms. Russell opened the public hearing.
Mr. Yost This !s a ten acre parcel out of the GDP that you approved at your last meeting, The
LIM is owned by the City of Denson and it is the
hundred and fifty feet In Might. awrle Watkins is here to o address wave antenna that is four
pnp
l iated with this proposal. what is a cifics. There is no
that Will house some "*nw. If arother structure proposed is a microwave tower and a shack
they
You and u thu time there many be some land rryeded will have to bring it before
impPropriate at this time. Throe were six 8 ma41led rcgtfoutfiredar. landscaping was thought to be
One tepiy. The one maile this Detailed Plan and wt received
limits and she was in opposition. was from Ann Stark who owns land which is primarily outside the city
opposition. This represents only about five or six percent.
Ms. Russell. Is there anyone that would care to speak?
Mr. Fred Beardsley: My Warne is Fred Beardsl
basrcally a couple of concerns that the Wei eY and I live at the end of the easement. And l have
Is approxirrtasel four hundred ghbors have expressed to me. The tower, as I understand,
y and fifty feet tall and it basically a half a mile down the road from
me now. Just observing some of the conditions, there is a row of houses along Mayhill and one
house just b the other side of the proposed eight foot easement,
the
that. I live at least a half a mile away and the lights affect my property at lights are extremely bright night. wondering
if there might be a condition for an angle on the base of the lights. I realize Imight be running into JJ{
some other government regulations. And the second question is who is going to maintain that i
easement?
Ms. Russell: Typically the easement is maintained by the owner of the property where the
easement is.
Mr. Yost: The easement will be the subject of a variance brought to you on May 8th. Right now
we are zoning the ten acre tract and not looking at the easements.
Mr. Drake: It appears that this is an access easement which means that the person has the authority
to cross the land at that location. The holder of the easement, somebody who has the right to use
the emu' the gramme, has the right to maintain the easement for the purposes for which it was
granted. In other words, if there is any kind of obstruction that prevents the person from getting
access along the easement they can remove the obstruction ordinarily. As far as maintaining it in
the sense of mowing the grass, trim the trees, and all of that kind of stuff, ordinarily the owner of
what is called the dominant estate dim has the underlying rights has the same duties that they
otherwise have, it is just that the easement holder has the autbarity to maintain the easement for the
purposes for which it was granted.
4
Agenda No.
Agenda Item
DATE: May 21, 1996 Date c7/-
CITY COUNCIL REPORT
TO: Mayor and Members of the Council
FROM: Ted Benavides, City Manager
SUBJECT: Amend Section 33-47 of the Code of Ordinances to remove retesting
requirements for renewal of sign licenses.
Recommendation:
The Planning and Zoning Commission recommended (6-0) to amend the
ordinance as shown in Attachment 1. The amendment would remove retesting
unless the sign licensee allows the license to expire. In addition, the time
period for the license would b6 Increased from two years to four years.
aok round:
In February, 1989 and April 1991 the City Council adopted changes to the sign
ordinance relating to the licencing requirements. Part of the changes included
the requirement to pass a written examination to obtain a license valid for two
(2) years. At the time of expiration, the person would then be required to
retake the exam to renew the license for an additional two years. Retesting is
currently required viery two years to keep the license valid.
In 1995, staff mailed a survey to the twenty nine (29) licensed sign companies.
The results of the survey (see Attachment 2) showed that almost all of the
companies were in favor of maintaining some licensing requirement but were
also in favor of removing the retesting requirements every two years.
ProcLrams. Departments ar Grou PLAffected:
Sign Permits, Planning Department and Sign Contractors.
I oaf lm act:
None.
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City Council Report
lime _ J_-
May 21,19W
Page 2
Respectfully Submitted:
ed Benavides
City Manager
Prepared by:
Q~c't1cYl
4na K Bate an
Senior Planning Technician
Approved:
*DiWor Robbins j
Planning Development
Attachment 1: Current ordinance and proposed changes.
Attachment 2: License Survey Results.
Attachment 3: Draft ordinance.
Attachment 4: Minutes of the May 8, 1996 P&Z Meeting.
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ATTACHMENT !
Aprnde No,
Agenda Item
ARTICLE 11. LICENSES AND PERMITS' Date ar ' fle.
DIVISION 1. GENERALLY
Secs. 33-36 - 3345. Reserved,
DIVISION 2. LICENSES
Sec. 3346. Required.
It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair,
replace or service any ground, roof or projecting sign for compensation without first having
obtained a license for such work from the b•iilding official as provided in this division. The
provisions of this section requiring a license for such work shali not apply to an employee of a
person holding a license under this division.
(Ord. No. 89-017, § VI(App. B, Art. 17A.6.(a)), 2-7.89)
Sec. 33.47. Prerequisites to issuance; fee; examination.
(a) Any person who makes proper application, pays the fee, and passes an examination,
shall be issued a license, valid for four 4 kve-(2) years. The written examination shall test the
applicant's general knowledge of the sign regulations. The applicant may renew an existing
license prior to Its expiration for a maximum of four (4l years by paying the appropriate fee(s).
(b) The feeg for the nltlal licensure and renewal shall be determined by the city council
and on file in the office of the city secretary,
(Ord. No. 89.017, § VI(App. B, Art. 17A.6.(b)), 2-7-89; Ord. No. 89-033, § 11, 2-21-89; Ord. No.
91-048, § XI, 4.2-91)
'Cross reference - Licenses, permits and business regulations generally, Ch. 16.
3i4A' Na 2 2304
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ATTACHMENT 2 Agenda No.
Apeida Ite
CITY OF DENTON Date LICENSED SIGN COMPANY
SURVEY RESULTS
Twenty nine (29) surveys were mailed to licensed sign companies in May, 11995. One
survey was returned 'no forwarding address' and thirteen surveys were returned with
the following results:
1. Do you feel licensing should be a requirement for sign companies to install
signs inside the City of Denton?
Yes: 12 No= 1
Comments submitted:
• Licensing ensures that the sign will comply.
+ For the same reason you have electrical, plumbing, a.c., etc. Mainly
a form of control.
• Licensing should have minimum requirements (master electrician
and adequate Insurance coverage, etc.)
• Licensing Improves the quality of the product.
• You'll know where to find us when necessary.
• Permits should only be Issued to licensed companies. No permits
should be Issued to business owners.
+ Or be reciprocal with Fort Worth, Dallas, and Arlington.
2. Are you in favor of removing tie 'every two years' testing requirement after the
Initial test to obtain a license?
Yes=12 No=1
Comments submitted:
• As long as any changes made to the ordinance are mailed to the
sign company so that they are aware of any differences.
+ If you have a license for two years, you know what you are doing.
Most companies can't keep up with the ever changing ordinances
from city to city anyway. We find out what we need when we apply
for permits.
+ Yes because It is an open book test anyway.
• As long as you renew before it expires you should not be tested
again.
+ Every 3 - 5 years would be better.
• Have sign installers secure an "Electrical Sign' license with testing
at a neutral site.
• There should be an Initial test when obtaining a license, but the two
year retest lan't needed. A retraction of updated ordinance changes
Is adequate.
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Survey Results Agenda No.. _
Page 2 Agenda Ite
Date
3. Do you feel bonds and/or insurance should be required?
Yes=9 No=4
Comments submitted:
• This Is worth more than the license in an accident. This also
eliminates the need for Inspections.
• Definitely required to cover sign company but City of Denton as
well.
• Showing general liability Insurance shows responsibility.
• Insurance should be required, bonds not.
• Insurance.
• All state licensed billboard companies are bonded statewide. You
might require a certificate of Insurance, but I wouldn't think these
are necessary.
• We are already carrying $1,000,000 Liability and Workers Comp.
4. The C€ty of Denton currently provides a list of all licensed sign companies to
the public. Are you In favor of continuing this?
Yes = 12 No = 1
Comments submitted:
• This could be very helpful as long as they understand that they are
not restricted to them only. Outside companies can obtain a license
to do the work.
• This allows those in need of our services to see who Is licensed to
operate In your city.
• It gives the consumer a chance to pick from several people to get
the best possible deal for their situation.
• There would be no need for a list If only licensed companies could
Install.
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Survey Results N~enda No.C {
Page 3 Agenda Ite
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Date
5. Do you feel our current license requirements are too strict or loose?
Yes=4 No=9
Comments submitted:
• Only the open book written test. I believe Denton is the only town
that does this.
• 1 bellove the test portion is unnecessary.
• O.K.
• OX as Is.
• O.K. • Although I have a master sign license In Ft. Worth, I don't
think they are necessary. Doing It right Is usually based on desire,
not knowledge.
• The ordinance was designed to control "beauty" and does not
adequately address safety.
• There should be flexibility with standardized structures. The
standardized structures should be within reason in order to be
flexible with current ordinance.
S. Do you have any suggestions?
Comments submitted:
• Require billboard owners to be state licensed.
• It has been very nice to work with a city such as Denton. Donna has
been a big help In assisting my company and me while working In
the Denton area.
• Have minimum insurance requirements of $1,000,000 liability and
auto liability and adequate workman's compensation coverage.
• A simple license gives the city the control as to whether someone is
allowed to work In the city or not. Every inspection costs a
company hundreds of dollars In lost time. Our Insurance covers the
risk. Bonds seem to be a worthless expense.
• Adopt an electrical sign license like Dallas and Fort Worth.
Currently, anyone who can read can obtain a sign license. This
potentially could cause many safety hazards.
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ATTACHMENT 3
Agenda No. 1
ADenda Item
Date l - ;
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 33-47
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO DELETE
RETESTING REQUIREMENTS FOR RENEWAL OF SIGN LICENSES; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENPON HEREBY ORDAINS:
SECTION I. That section 33-47 of the Code of Ordinances of
the City of Denton, Texas is hereby amended to read as follows:
Sec. 33-47. Prerequisites to issuance; fee; examination.
(a) Any person who makes proper application, pays the
fee, and passes an examination, shall be issued a license,
valid for four (4) years. The written examination shall
test the applicant's general knowledge of the sign regula-
tions. The applicant may renew an existing license prior to
its expiration for a maximum cf four (4) years by paying the
appropriate fee(s).
(b) The fees for initial licensure and renewal shall
be determined by the city council and on file in the office
of the city secretary.
SECTION I. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or applica-
tion thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance,
and the City Council of the City of Denton, Texas, hereby de-
clares it would have enacted such remaining portions despite any
such invalidity.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
1996.
JACK MILLER, MAYOR
_1
Agenda No.
Agenda Item
Date
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 2
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TATTACHMENT 9
No
Agenda P&Z Commission H~tahca ~
May S, 1996 n `
Page 5 D e
III. Hold a public hearing and consider an amendment to Section 33-47 of the Code of Ordinances to
allow the building official to waive retesting requirements for renewal of sign licenses.
Ms. Russell read the rules of procedure for the public hearing and opened the public hearing,
Ms. Bateman: Back in 1989 and through the early 9(s there were several amendments made to the
sign ordinance. One of those amendments had to do with sign licensing and that anyone that was
going to install signs for compensation had to be licensed by the City of Denton. Licensing
involved taking a forty question multiple choice exam that pertained to the sign ordinance. Once
you passed the exam the license would be good for trio years and at the end of the two years they
would have to take the test again. We have not made any amendments to the ordinanca since 1993
and we believe, .nd several sign companies agree, that we should ar,end this to allow discretion
in the retesting. The ordinance currently requires the retesting so it does not give us the discretion
to state whether or not retesting r•ould be required.
Mr. Cochran: Who initiated this?
Ms. Bateman: This was a request from a sign company initially.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in
opposition to the petition? Commissioners do you have any other questior.s?
Ms. Flemming: I have problems with item B. Is this the revised part of it? On page 59 it says that
the applicant may renew an existing license prior to its expiration for a maximum of four years.
Is that the revised portion?
Ms. Bateman: Yes. Everything that you see in bold and underlined is new information. What is
crossed out is what we are proposing to take out.
Ms. Flemming: My problem is with the building offciai having discretion. I think that should be
eliminated because I think it opens up the door for problems because it doesn't give each applicant
a fair shake at having the requirement to take the test waived.
Ms. Baten„n: What we talked about doing, and we can add that to the ordinance, is if at any time
we feel that the ordinance has been amended enough to require retesting again, that would mean
everyone would be retested. We added that so that in the event that the ordinance is substantially
amended then we could retest everyone.
Ms. Flemming: 1 feel that if it is written in here "at his or her discretion" then that person would
have that as ammunition to use, I feel that should be eliminated. 1 think this particular item would
cause confusion and poses some unfair and unjust treatment. Everybody wouldn't get the same
treatment when they come before the building official to renew their license. I feel that it should
be eliminated.
Ms. Russell: 1 had the same question and I understand what you are saying is that everyone will
1
C
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Agenda P&Z Commission Ra
d
a No,_
br ay 8, 1996 Page 6
be treated the same. Perhaps we are just dealing with a little word smithing. If we can put this in
verbiage that indicates everyone will be treated the same on this, which is the intent, do we need
to see that back?
I
Mr. Moreno: I prefer to see a second draft with appropriate language.
Ms. Schertz: I agree.
Ms. Flemming: Maybe we can just eliminate that part all together. Just eliminate "in his or her
discretion." Then maybe you should note that if the material has changed then they will have to
be retested.
Mr. Drake: I don't think that it is the discretion issue that is causing the problem here in this
sentence. I think that it is probably the "for persons" that is a little bit later on. I think that you
want to give the building official discretion to suspend the requirement to retest and you want to
give him that discretion provided that it is applied in a fair and equitable manner across the board.
I think that the intent here is to allow the building official to make that dewrmination so that it
wouldn't be necessary for a person to appear before some kind of public board and plead their case.
I think that is the intention of it. I don't think it is the discretion aspect that could potentially cause
what you find offensive about this, but 1 think there are some wording changes that could be made
to the rest of it. Primarily the "for persons" is what I would suspect to be the real problem.
Mr. Cochran- Essentially though, cven with or wi hout that rewrite, we are giving the staff the
right to waive the requirements for retesting if there are no changes in the ordinance. By increasing
the time between retesting to four years we are loosening that up considerably. The retesting is
simply a refresher course. My understanding of the test is that it is not over the mechanics of
signage, it is merely over their knowledge of this particular ordinance so that there won't be an
excuse to have forgotten that you tread to have permit to put up a sign. It's a pretty simple test isn't
it?
Ms. Bateman: It's forty multiple choice questions.
Mr. Jones: When the Council changes the regulations would it not be appropriate for the Council
to detemtine that a significant enough change has taken place to require retesting? It would be an
automatic thing and you would do away with the discretion of the building official because the
Council will determine if retesting is required.
Mr. Cochran: That is a good idea but how would we get Council to do that?
Mr. Jones: I think that you do it with what is here and you eliminate 'the applicant may renew an
existing license prior to its expiration for a maximum of four years by paying the appropriate fees
whenever a material change has been made to the regulations. " you stop right there and then when
the ordinance or the regulations are changed, at the same time whoever is making the presentation
asks if this is material enough to constitute retesting.
Ms. Schertz: Could staff not do char? Staff brings to our attention things that need to be addressed
:t 4
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Agenda P&Z Cemmission . Coda No.
May 8, 1996 a a q _
Page 7 D e
and so what I would recommend is that staff would bring it to the attention of the Council, Council
would make the decision on whether it deemed retesting and that it applied to everyone across the
board. Council would rule on it and it would be final. It would be the responsibility of staff to
bring it to the Council's attention.
Mr. Cochran: What do we do here to make sure that happens?
Mr. Jones: I guess what you could do here is basically what I just said and then put a line that says
Cow,cii will define any material changes.
Mr. Drake: This is an ordinance and it is established by the City Council. The City Council can
decide if it is or is not a significant change, they can also eliminate completely this provision, strike
it out, y)r change it up at any given change in the future. The nature of having a codified ordinance
is such that the Council is speaking to give direction to the staff. One possibility is to completely
eliminate the idc-t of extending or renewing the license at all. If the Council feels that a change is
minor enough to not require that then they could cover that legislatively at that time.
Mr. Cochran: If it is a simple enough issue here, just take out the whole requirement for retesting
anyway and make some assumptions that people can read what the changes are. It would be the
same as it is for drivers licenses where you don't have to take the test when you renew your license.
Ms. Flemming: Is there a separate fee for the test as well as for the license?
Ms. Bateman: Then. is no fee to take the test. If you pass Cie test then there is a ten dollar fee for
the license and that is good for t,vo years.
Ms. Russell: One thing that we could do is when they come in to renew their license you could
have a hand out with the new rules and the changes. They can choose to read them and abide by
them. I think the market place will dictate. If I hire a sign company and they put up a sign and
then you come out and cite me because it is not right -end it costs me money I am going to quit
using that sign company. How significantly do rules change?
Ms. Bateman: Between 1988 and 1993 they changed a lot. Since 93 they haven't changed.
Mr. Robbins: I think to effect what you '/ant to do, you would eliminate everything in B after the
word "fees." In other words everything after the first sentence, then you could put B in part of A.
Mr. Cochran: That would be fine with me.
Consensus of Commissioners.
Ms. Bateman: This has been an inconvenience for some of the sign companies because they are
coming from as far away as Waco. They get a job and instead of subcontracting it out to a local
company they would rather do the job themselves. Before they can do that they have to take the
test. The license goes to whc,mever takes the test.
Agenda P&Z Commission G N
May 8, 19% It
Page 8
Ms. Russell: Are there any more questions? We will close the public hearing.
Mr. Cochran: I move that we do what Mr. Robbins has suggested and that is to eliminate section
B starting with "the building official may and take the sentence "The applicant may renew
an existing license prior to its expiration for a maximum of four years by paying the appropriate
fees" and move that into section A. and change the period of time that the license is valid from two
years to four years.
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
I
J1S
Agenda No. G
Agenda Item
CITY COUNCIL REPORT Date_
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: May 21, 1996
SUBJECT: Variance to Section 34-114 (13)(c) of the Code of Ordinances for the Tower
Addition
RECObIMENDATION: The Planning and Zoning Commission recommends approval of the
variance.
SUMMARY: See attached report.
BACKGROUND,: See attached report.
PROGRAMS D'~-PARTMEN TS OR =ROUPS AFFGC TFD:
Property owner, future owner, surrounding residents.
FISCAL IMPACT: None at this time.
RESPECTFULLY SUBMITTED:
Ted Benavides, City Manager
Prepared by;
Frank H. obbins, AI
Director of Planning and Development
AXXOM93
u
rt
Agenda No._
Agenda Ite
MEMORANDUM Oatar ~
DATE: May 13, 1996
TO: Mayor and Members of the City Council
FROM: Planning and Zoning Commission
SUBJECT: Private Street Paving Variance for the Tower Addition
The City of Denton has applied for a variance of section 33-114 (13)(c) concerning design
standards for private roads. The cited section requires that private roads be constructed of a
minimum of five inches thick asphalt or concrete with
a minimum width of 24
feet.
The subject 10.00 acre site will be used for a communications tower and an associated out
building. The s rbject property is currently owned by the City of Denton, however, once platting
is complete wil be exchanged for property where the subject tower is now operating. The
existing tower site is needed for the proposed landfill expansion. As the property is zoned
Planned Development, the subject lot may front on a private road. As the proposed use of the
property will only generate two to four vehicle trips per week, the applicant and the Commission
feel that paving a 24 foot road is an unwarranted expense. The cost would be $4,000 to $5,000.
The applicant proposes that the road would remain in its current state, 12 feet wide with an all-
weather gravel driving surface.
The Commission recommends this exaction variance to the City Council since the following
criteria is met.
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.
The tower site will generate negligible traffic and there will also be little or no need for
emergency or other municipal services. The Commission finds a lack of reasonable relationship
between the exaction and the proposed development
The Commission has conditionally approved a development plat for this site (Attachment 2).
If additional or different development were proposed on the 10 acre site, a new plat would be
required, and street improvement would be evaluated again then.
Attachments:
1. Location map.
2. Development Plat.
3. P&Z Minutes.
AXXCOA93
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Agenda P&Z Commission ATTACHMENT 3 ~E N
May 8, 1996 I
Page 9 Dat "
IV. Lot 1, Block 1 of the proposed Tower Addition. The 10.00 acre site is located near the east side
of Mayhill Road, approximately 1800 feet north of Treatment Plant Road.
a, Consider a variance to Section 34-114 (13) (c; of the Code of Ordinances, exempting the
applicant from paving for private roads.
Mr. Salmon: This site is just to the north and slightly west of the Wastewater Treatment Plant and
the existing landfill. Hcward Martin, Director of Environmental Operations, has applied for the
variance. You have seen this property before with a zoning case and a general development plan.
This evening you will be looking at the development plat. This property is the subject of a land
swap between the owner of the existing microwave tower to the south and the city. It is in
conjunction with the landfill expansion. In order for the city to swap this property for the property
that this gentleman - wns this property must be platted. This will be platted into a ten acre lot and
unfortunately this lot does not have any street frontage, however because it is in a PD zoning
district it can have private road access. Our ordinasx-es require that private roads be a minimum
of twenty-four feet wide with five inches of either asphalt or concrete pavement. This particular
development of the microwave tower will probably generate maybe four to six traffic trips per week
which is extremely small. It is less traffic than one house would generate. So of course the city
doesn't feel that it is reasonable to spend five to six thousand dollars for paving for something that
is not going to have much traffic. The existing road is twelve feet wide with an all weather gravel
surface. Currently there is only one residence at the end of the existing road. There are no other
uses or residences on the remainder of the road so we feel that the existing road will serve its
purpose. Obviously the use that is being added here tonight, the tower, wouldn't generate any
reason to have emergency vehicles or other city services. The plat that you will be looking at will
be a development plat which n►eans that it limits what this property can be used for as well as the
zoning that you have already looked at. In this case we have a double safeguard on what the
property can be used for. In order for somebody to use this property differently, not only would
they have to rezone it, they would also have to replat it. 1 feel very confident that if at a later date
somebody wanted to put something more intense on here we would have the opportunity to get all
of the correct improvements for whatever use they were proposing. Staff is recommending the
variance.
Ms. Russell: Any questions?
Mr. Cochran: I move that we approve this variance for private street paving for the Tower
Addition because of the lack of reasonable relationship between the exaction and the proposed
development.
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-0)
t
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i
Agenda No.
Agenda Item
ORDINANCE NO. Bale ' ~l-
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 Couuil has provided in the City Budget for the appropriation of funds
to be used for the purchase of the; naterials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE Cl1 Y OF DENTON HEREBY ORDAINS:
SECIMNJ. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER -Na VENDOR AMOUMT
1887 ALL ACTION IMPORTS
1889 ALL RELIABLE EMERGENCY VEHICLES INC. $S 17,823.68
198,774.00
SECTION A. That by the acceptaice and approval of the above numbered items of the
submitted bids, the City accepts the ofkr 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.
SE91I02LM. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with tLe terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
a
,ends NO-20
Agenda Ite YZI
Date
SECTIf?NM. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds there: or in the arnount
and in accordance with the approved bids or pursuant to a written contract made pu: ;rant thereto as
authorized herein.
9PC'770N V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 1996,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
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DATE: MAY 21, 1996
CITY-COUNCIL-REPORT
Agenda No. 9 r
TO: Mayor and Members of the City Council Agenda lie
Daie~'
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1887 - POLICE MOTORCYCLES
RECOMMEMATION; We recommend this bid be awarded to the lowest bidder, Action Imports
in the amount of $8,911.84 each, including lights and siren for a total award of $17,823.68.
S 1MMARV: This bid is for the purchase of two police motorcycles. These units will replace two
units currently being leased from Harley of Texas. The lease expires in July of 1996 and we feel
it will be less expensive to purchase motorcycles and perform our own maintenance as required.
BACK .RO nyn: Tabulation Shect
PROGRAM, B +.P RT FNT.9 OR-GRQUfS AFFEC_ED. Police Patrol/Traffic
Enforcement and Motor Pool Operations.
FISCAL. IMPACT• The units will be funded from Motor Pool replacement funds approved in
the budget process, account #720-025-0584.9104.
Respectfully submitted:
Ted Benavides
City Manager
ApgL ved
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
733.AOaNDA
M
1!
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BID N 1111!7
BID (NAME
Police Motorcycles TEXAS KAWASAKI ACTION i HARLEY
I HARLEY• CITY OF
'OPEN DATE April 18, 19% ! DAVIDSON IRVINC IMiORTS DAVIDSON
OF VIDSON
DALLAS
N DESCRIPTION VENDOR VENDOR VENDOR VENDOR
r 1 j 2 POLICE MOTORCYCLES $13,000.00 57,490.001 $7,477.00
EACH EACH EACH ~JF ld1 H~• ^
I e
3A 1 PrnoH Lights Se31.00~,591 G ~~te
3B Electroalc Slreo SQ11.00 h 5723.2
I
;3C PubllcAddreuSystem INCLUDED INCLUDED '
~ z
3D ( Radio Moo oft INCLUDED t p,7CL1rDED
TOTAL COST 513,000.00 $9.OM2.00 A91124
Dt11Me 1e Z: 1 120 DAYS 91 DAYS i IS DAYS
" LEASE ONLY 5230 PER MONTH
Y
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DATE: MAY 21, 1996
CITY COUNCIL, IE ORT 6 J J
Agenda Fio.
TO: Mayor and Members of the City Council Agenda He -
FROM: Ted Benavides, City Manager
SUBJECT: BID I# 1889 - AMBULANCES
R_ EC'OMMRNDA 100., We recommend this bid be awarded to the lowest bidder meeting
specification, Reliable Emergency Vehicles, Inc., in the amount of $99,387.00 each, with delivery
in 75-130 days depending upon chassis availability.
S dMMARY@ This bid is for the purchase of two (2) Type 1 Mobil Intensive Care Units
(Ambulances) for the City of Denton Emergency Medical Services Division. The price
recommended as purchase price is the base bid offering of $105,220.00 less a 55,833.00 deduction
for spec section 15.08 Emergency Radio Communications.
We will utilize existing radios for these two units or acquire radios from the State of Texas General
Services Commission contract.
The lower price offered by Wheeled Coach failed to meet specification for construction materials,
compartment design, location and size restrictions, flooring requirements, battery storage and
breaker panel location, interior lighting and power distribution.
BACKGROUND: Tabulation Sheet
PROGRAMS,DEPA_RTffM,S OR-GROUPSAFFECTED: Fire Department EMS Division
and Motor Pool Operations.
I
FMCAT IMPACT: These units will be funded from Motor Pool replacement and/or Motor Pool
lease funds. One unit is a fleet addition and the other will replace an older unit no longer suitable
for service. $125,000.00 per unit was included in the budget process for the acquisition of two (2)
MICU ambulances.
Respectfully submitted:
Ted Benavides
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
134.AGENDA
h
e
{RlD 9 tug
RID NAME Ambmua WHEEL RELLULE LMMAGENCY PRAEER MCCOY TAYLOR
COACH EMERGENCY VEHICLE AVC. MPASA MOD[
OPEN DATE APrA 11, l9M VEHICLES lPECIALmT
DUCRiPTHM VENDOR VENDOR VENDOR VENDOR YE~TlOR VENDOR VTATIOA
I ~M.ik M"ok W'% Pad F&M sim710.00 Sl0!^IIRI0 71114"00 M12AM.0P T109.19SN slit
l IEmr Dwp climb EACH EACH EACH EACH EACH EACI
S ell0a 140.
A anda It m
D to . ~ C
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H^
Ag nda No. `
Ageada Item
Date - 1'
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended
that the herein described bids are the lowest responsible bids for the construction of the public
works or improvements described in the bid invitation, bid proposals and plans and specifications
therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIONI. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications
on file in the Office of the City's Purchasing Agent filed according to the bid number assigned
hereto, are hereby accepted and approved as being the lowest responsible bids:
BID
NUM ER CONTRACTOR AMOUNT
1893 CHEM-SPRAY NORTH $29,932.00
SECTION-1I. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
S=QN_M. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in
accordance with the bids accepted and approved herein, provided that such contracts are made in
accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specified sums
contained therein.
F
Agenda No.
Agenda Ite
Data
r=~
SECTION IV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City
Council hereby authorizes the expenditure of funds in the manner and in the amount as specified
in such approved bids and authorized contracts executed pursuant thereto.
SECIIQNN. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CoNrrwCr.noC
.l
a
f
DATE: MAY 21, 1996 rr~~
CITY_COUNCIL REPORT Agenda No. J
Agenda Ite
TO: Mayor and Members of the City Council Oate ~ ~1~ _
FRAM: Ted Benavides, City Manager
SUBJECT: BID # 1893 - DRAINAGE CHANNEL VEGETATION MANAGEMENT
We recommend this bid be awarded to the sole respondent, Chem-Spray
North, in the price of $280.00 per acrc. Estimated expenditure is approximately $29,932.00.
SUMMARY: This bid is for the herbicide treatment of approximately 107 acres of vegetation
growing in drainage ditches and channels within the city limits of Denton. The area is further
defined as being the bottom, sides and banks to the limit of the right of way or easement.
Only those herbicides approved by the City of Denton, Texas Structural Pest Control Board, Texas
Department of Agriculture and the EPA will be used. All applications will be under the direction
of the Drainage Division Foreman.
Due to the liability risk to the contractor and the strict specification in our bid request intended to
protect the environment and adjoining property owners, it is not unusual to receive a single bid for
this type project. A similar contract was executed in 1994 and 1995 at $265.00 per acre.
BA .K .RO M. Tabulation Sheet
PROGRAbMDEP.AUMENTSS?RGROURSAFFECTED. Drainage Division Operations
FISCAL 131PACT; $30,000.00 was approved in the 1995/96 budget for herbicide treatment of
drainage areas, account #100-026-0810-8502.
Respectfully submitted:
l~
(Ted Benavides
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
735.AOENDA
}
L
r)c..~
I~
I
BID # 1893
BID NAME DRAINAGE CHANNEL
VEGETATION MGMT CHEMSPRAY
OPEN DATE APRIL 26, 1996 NORTH
>>E_ _ QUANTIT1f _._~_DEBCRIP770N _ VENDOR- _'VENaOR-- VENDOR _ VENDOR-- _ -VENDOR--
1. 108,9 DRAINAGE CHANNEL 280.001ACRE
ACRES HERBICIDE TREATMENT
ADDENDUM
ACKNOWLEDGED YES
j
x
TOTAL :29,932.00
r
r
i
1
F
Agenda No.
Agenda Item
• Date ',r n11- q
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF
MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items
that are only available from one source, including: items that are only available from one source
because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books;
electricity, gas, water and other utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,
SEC-UON-I. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved:
PURCHASE
ORDER1MAER VENDDR AMOUNT
65002 INTEGRATED COMPUTER SYSTEMS S34,522.00
65209 PHYSIO CONTROL S301000.00
SECTION LI. That the acceptance and approval of the above items shall not constitute a contract
betweei: the City and the person submitting the quotation for such items until such person shall
comply with all requirements specified by the Purchasing Department.
SEC11ON1ll. That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
_ S
Iti
Apends ho. JL2_-
Apenda Ite~
Date `
SECITONIY. That this ordinance shall become effective immediately upon its passage and
t.pproval.
PASSED AND APPROVED this the - day of , 1996
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
I
SOLESOURCE
s
y
DATE: MAY 21, 199961
CITY _COIIPICIL REPORT Agenda No. ` r
Agenda Item
TO: Mayor and Members of the City Council Dates
FROM: Ted Benavides, City Manager
SUBJECT: PURCHASE ORDER #65002 - INTEGRATED COMPUTER SYSTEMS
BE : We recommend this purchase order to Integrated Computer Systems be
approved in the amou d of $34,522.00.
SUMMARY: This purchase order is for the acquisition of two (2) mobile data computers (MDC)
to be installed in two (2) new MICU ambulance units. These MDC's are the first installations
associated with implementation of the Management Information System (MIS) purchased for Police
and Fire, RFP # 1738.
The prices were included in the original request for proposal awarded to IBM with Integrated
Computer Systems as the supplier. The $17,261.00 price is for the purchase of up to 100 units and
is firm through June 1, 1997.
This is a sole source purchase of an item protected by copyrights and patents. It is the only unit
available that is guaranteed l00% compatible with the MIS software currently being developed for
the City of Denton.
Texas cal GovernmPnLCode, chapter 252.022 exempts single source purchases from the bid
process.
BACKGROUND., Purchase Order #65502 and price sheet from RFP # 1738.
PROGRAMS, DF;PARTMENTSLOgGRMIP -AIMECTED; Information Services Division,
Fire Department EMS Division, and Motor Pool Operations.
FISCAL. IMPACT: These two (2) MDC's will be funded from internal Motor Pool lease dollars
as a portion of the funds for acquisitions of the two new ambulances, account 4720-025-05849104.
Respectfully submitted:
Ted Benavides
City Manager
Ap oved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
736.AOENDA
V
l
k
PURCHASE ORDER NO: 65002 THIS IS A
This number must appear on all . CONFIRMING ORDER
invoices, delivery slips. cases, (IF MARKED)
ctns., boxes. packing slips and bills DO NOT DUPLICATE
r Req. No., Bid Na Date: 04 30 96 Page No. 01
CITY OF DENTON TEXAS
PIIRCHASIPJG DIVISION 1901-8 TEXAS STREET I DENTON. TEXAS 76201-4354
8171383-7100 D/FW METRO 817/267-0042 FAX 8171383-7302
VENDOR INTEGRATED COMPUTER SYSTEMS,
NAME/ 1651 N. COLLINS BLVD. DELIVERY CENTRAL ONLY S11
ADDRESS SUITE 100 ADDRESS INFORMATION SERVICES
RICHARDSON TX 75080 601 E HICKORY
DENTON, TX 76205
TOMMY GALBRAITH
VEM)OR NO. INT47100 DELIVERY QUOTED 04 30 96 FOB DESTINATION BUYER TS TERMS
001 2.00 EA VENDOR CAT. / N / A MFG NAME 17,261.000 34x522.00
CITY 0 57551
MOBILE DATA COMPUTERS (NDC) FOR AMBULANCE Y/SECOND STATION
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C O
P GE TOTAL 1 34,522.00
OR ND TOTAL a 34,522.00
01 720 025 0584 9104 34,522.00
VIN130R 1N5 1RLKTj
ONS~ ~ 3. Perms Net 30 ni,a.,. ae..,. n
1. Send orioinal invoica with duplicate copy. 4 Shipping instructions: FOB Destination prepaid ow.,, .m.,.,..i,. pi-n)
2. Bill so . Accounts Payable S No Iederal at state sales tae shall be included _ Jtvtscrlrl
.
215 E. McKinneyy St in prices billed axr. .nKI
i Denton,,TK 16201.42116VENDOR-ORIGINAL
M
tY
. 1
CITY OF DENTON HARDWARE ANALYSIS PHASE I
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■I,~C7 !~t MR77 b411M
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DATE: MAY 21, 1996
CITY (0[1tYC 1I REPORT Agenda NoLItem Cl
Agend' -
TO: Mayor and Members of the City Council Date
FROM: Ted Benavides, City Manager
' SUBJECT: PURCHASE ORDER 065209 TO PHYSIO-CONTROL CORP.
RECOMMENDMON: We recommend purchase order #65209 to Physio-Control Corporation
be approved in the amount of $32,422.22.
SUMMARY: Tiv.,P.: ase order is for the sole source acquisition of two (2) diagnostic cardiac
monitors and defibrillator/pacemakers with cellular modem, carrying case, and 12 lead simulator.
These units are manufactured under the trademark of Life Pak II and commonly referred to as
portable EKG machines. Each piece of equipment will be assigned to one of the two new
ambulances.
The Physio-Control Life Pak design is the only make of this type equipment that is compatible with
existing Denton Fire Department equipment and with the new RS 1000 receiver purchased by our
contracted provider of medical control services.
Sole source acquisition of equipment protected by copyrights or patents are exempt from the bid
process as outlined in the Texas Local Government Code, chapter 252.22.
RACKGRO120 , Purchase Order #65209 and price quotation from Physio-Control Corporation.
PROORAMS.DEPARTMENTSI)R.HROIII',S_AFFECTED-, Fire Department Emergency
Medical Services Division and Motor Pool Operations.
FISCAL IMPACT; Funds for this acquisition have been budgeted in the Motor Pool lease
program as part of the ambulance package, account #720-025-0584.9104.
Respectfully submitted:
Ted Benavides
City Manager
Approved:
%4~
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
737.AGENDA
n
i
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111AR31ASE 01101'11 NO: 1111S IS A
1111.1 iiinfilit" iiawt lilts, r sfill a all CONFIRMING ORDER
4woicos, r da lullvory •hps, cosos. (IF MARKED)
clns., boxes, packirp slips and bills. DO NOT DUPLICATE
'i Rp NIX Bid No: Dale. 05 14 96 PQ* Na 01
PURCHASING DIVISION 1 9001 9 TEXAS SONf I CEENTTOR TEXAS 76201-4354
817/383-7100 D/FW METRO 8171267-0042 FAX 8171383-7302
VENDOR PHYSIO-CONTROL
NAME/ 1811 WILLOWS RD RE DELIVERY CENTRAL RECEIVING SO1
ADDRESS P.O. BOX 97023 ADDRESS
REDMOND WA 98073-9723 901 B TEXAS ST
DENTON TX 76201
MIKE RICE
VENDOR NO. PHY49000 DELIVERY OWTED 08 01 96 FDBHIPPING POINT BUYER TS TERMS f
001 2.00 EA VENDOR CAT. #805300 MFG NAME 9,113.300 18.226.60
CITY # 46514
LIFE PAK 11 DIAGNOSTIC CARDIAC MONITOR
002 2.00 EA VENDOR CAT. #806545 MFG NAME 5,969.000 11,938.00
CITY # 46514
LIFE PAK II DEFIBRILLATOR WITH STD. PADDLES AND PACEMAKER
003 2.00 EA VENDOR CAT. #805410 MFG NAME 653.300 1,306.60
CITY # 46514
CELLULAR MODEM - STAND ALONE
004 2.00 EA VENDOR CAT. #806098-07 MFG NAME 168.260 336.52
CITY # 46514
CARRY CASE FOR MONITOR/DEFIBRILLATOR
P GE TOTAL t 31,807.72
Y ~
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vf►" IIdSTM1C710N5: 3, Terms - Net 30 •.a«wN. ,Nc+n.el
1 sal af4m "ce, with duplinh eery!. 1. Shipping infUuctionr. F.O.S. Destination prepaid u.r.,..T.,-;,. w•.ir»U
N ~Ctattt~! psyWo + S. No lederal or state sales tat shall be included
!15 E. McKinooy S' In prices bitled c np v s on
Oantas tx_Tl20t=4211 PURCHASING
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L
IrINICIIASE OI1UEI1 NO: 900 011 1111S IS A
I1as 1ss001(11 11mml 01)1000 4x0 all CONFIRMING ORDER
mntcos, dolivory stirs, casos, . (IF MARKED)
ctrls., boxes. packlnQ sups mid bills. DO NOT DUPLICATE
Rea Na Bid No: Data 05 14 96 Pape No, 02
PURCHASING DIVISION 9001 0 TEXAS s~Nf I DENTTONTEXAS 76201-4354
8171383-7t00 D/FW 06*TRO 8171267-0042 FAX 8171383-7302
VENDOR PHYSIO-CONTROL
NAME/ 1811 WILLOWS RD HE DELIVERY CENTRAL RECEIVING SO1
AMESS P.O. BOX 97023 ADDRESS
REDMOND WA 98073-9723 901 B TEXAS ST
DENTON TX 76201
MIKE RICE
VENDOR NO. PHY49000 DELIVERY QUOTED 08 01 96 FOBHIPPINO POINT BUYER TS TERMS
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005 1.00 EA VENDOR CAT. #806395-00 MFG NAME 634.500 634.50 ;
CITY # 46514
1 12 LEAD PATIENT SIMULATOR
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C O
P GE TOTAL I 634.50
OR ND TOTAL t 32,442.22
01 720 025 0584 9104 32,442.22
VEIQOA WSTM1C110Nffi-~ 3. Terms • Net 30 w••• 00'»,•],• n•ex•tl
L sw grow Imsfrg with dupllggls t". d. Shipping Instructions: F.O.B. Oesurrnion Prepaid er.1....r%&-h. WeiP,.,J
Sol to " Accouirtf Peyow 5. No federal or slate sales us sflelf be included +Jrc 0t1Q Division
-
$11 ~ ~rvKZIl IJ24t M prices billet
PIIRrHASINO
III
pr y
.
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SENT BY: 5-14-86 ; 7:16AN SALES OIP'M8173W7302 T / 5
Agenda No. -
Fhy" P-C&W,"'r°'0° ad "
r Atwnosupport Comw Agenda Item
,
I1st, wuo",o r'o°° Naftow 0at6
ft w nervy, n.u, 97w2
ry a WA tale7tJaT7 USA
TeWphoneeoo,"n., 4t
aoeastaus Quotation elf MU0368608-A
To: Tom Shaw Page e1: 1
Pwdwmg DD°P°mnent ' Quote Date: 3/14196
City of Den
Denton, 7X 76201.0000 Sales Representative: Mane Rios
800442-1142 x2261
PHON& 817-383-7100
PAX: 817.383-7342 FOR: Redmond, WA
Shippingi 60-75
Terms: Net 30 Days
This quote is firm nntiit 7113/96
DaaeAetdsn Uall
QU riin A15caaal Telal
1. 805300 LiIiPA=~ 11 dhpatle setdlat aowler 2 19,693.00 1311.70 813,226.60
OWtable DC dispoddlic mA do Fffteoe a fish toanbrloe LCD
no hws teteorv 100 new totatla4 Opbsoraerle keypd,
cooAirabb www vA& soft IwA io WW load-11w tar, I and
setirdar U& dmia Paco, oowpnbmalw nmoudoo and
dotwmsandaa alpsUbtlas with, an val6woed Code Swilia q*rr
aldtal uveet Head rssbdu we opantn5 lepraodoeti one
Swift mnoa . ae toad rice vkbo (PH 106390). 44ead padrat
new. with egad pteoordbl able %r fcgtdeltlan Of dbWAo4~4
12 lead Boo (W 90526f41,03aat), one 60 s1-11 a w-11
b.d4lne osblt Qtr 5t$SODI)4) fm last-lint eraa.d.ba or set
of LUM-PAS pwip ilod WO tineavdte, twa mW of 100 se
@* apart rroohill, [ paptr, need ono PASTPAKO botany. I year
we I" on Peru need Ishor.
2. 506543 LnI Dd% w/pat w/pdit 2 $6,350.00 $351.00 111,938.00
L %PAKes 11 denbdUamdpaoamaka with etadaal padOu
moduis.
Portable dsabeiratodpaeearaker wr an with Ibe LWSPAK I I
ftsm ade anUm mnnlam Suppled with mt ow dud prkaw
no" (3006440) er WIlnS deftiCada with famWer Admitted
bard pedElee and rloalavedve pwiot dtr9gh QUIK-PACB*
depoesbb norAckmairs WAIst abetro" SUpptrig LU tedbtda
uoa Opttadt5 ioWwWer, roe PASTPAK brlery, lac QWK PACE
swunva" peoin5 cede, and uoo cot of Q=-PACB gwdaa
dsahadta. I foal warranty an Peru rmd tabor.
GadIrisd slid P04
r
11001 t TERMS, IJW4TANED ON THE RCVEABE WDE OF THIS DOCt1MEW ARE EXPRESSLY MADE PART OF THIS MLB
SALM AOIWAWPtr AND ARE INCOAFMATED WmN.
sPNOcatlona anrt prices subjad to change w0liout notice.
llpplh obrs Ireloht and finis tax will he added to trio rlt,oted puratuwe price,
x
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SM BY. 5-14-86 7:16AM ; SM RC Mff-18173837302
4 ~
eM'fOtiM4W lmi Agenda No.
+is+i `y„a Agenda tem
w.t 0171. of Mn Date
4 6w OW7UM USA
Ti4PftWW aoaHttta
_ _ Fac ieaeeLaee
- Qtlotatioe : ML.H93686MA
To: Toro Shaw
Departlneal robe ti: 2
City ta Quote Date: 5/14M
Denton, TX 76201-0000 Sales x4reeeutst!•e: MBooRke
PHONE: 817-383-7lo0 - 800.442-1142 x261
FAX: 817-383.7302
FOB: Redmotd, WA
861PPt89: 60.75
Terms: Not 3o Drys
This quote k firm untlll 7/13196
bit 14"Illlatlaa tl
Dtlr lrjn 2hanaw law
3. 805410 nyrla"C•SItvl CoW Mr M.p* - i4tM Ala.s
slitroaonaada8 MWOR fat MRWW per. 90we le telrb 4 8693.00 i41.70 81,306.60
~ 41ket Plpae l18(>C Jam W 11C ~erphnerepte,
f noloda ce68"itb635-M far itletiaoo rlti +Iw L1l~A8 D
11 dly1111oellc cardilep ooal=a.. "bun (p11 805tiM for bbrfecc
WN Rill 1 014sLr phoea maijamw. one ant tea. trod
ane tWAA MUML
106091.07
a LYk LVWAK II m aw mind
3 $179.00 $10.71 $336.52
&ftmkaftftdw
S. 806393-00 Qt1IK-COMIIDTM 1144ad patent Als"dwoa
! i675.00 S<o.su
863<.50
TOTAL THI$ QUOTR
X32,44,2.32
DlrllaAret
OIMxx~et
$2.070.71
1ANOTrii LE" TAUGO "WWAMD ON TAE w '
IEEhWW AND AAE EMTE W OF MIS ODOUMENT ARE E>OME88lY MADE PART Or Tltla MLH
'4900"ootfone end Mto chop m whh ut rw k-
APPrnVW Irsight and Ani ~taxx to b" e dar10 ine yuoad Purdtaxii price.
F
Agenda No.-
CITY-COUNCIL REPORT FO MAT Agenda item
Date oZ /
DATE: May 21, 1996
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Wireline Crossing Agreement - South Bonnie Brae
RECOMMENDATION:
Staff recommends approval.
SUMMARY/BACKGROUND:
The City of Denton Electric Department is in the process of upgrading the
power lines along a portion of South Bonnie Brae Street. They are proposing
to relocate the overhead power line, crossing the railroad right-of-way, to
the opposite side of the road. There was no record that a previous agreement
existed for the old overhead power line on the west side of the road.
PROGRAMS DEp RTMENT OR AOIDG AFF TFD
Engineering 6 Transportation Department, Electric Department, Kansas City
Southern Railway Company.
FISCAL D2A(~i
$250.00 Engineering and Accounting expense (consideration to Kansas City
Southern Railway Company).
Respectfully Submitted:
Ted Benavides
Prepared by: City Manager
Paul Williamson
Engineering Tech II
Approved by:
Je r Clar
Di for o Engineering 6 Transportation
CCreP4.WPd
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L1 x F- -70.1
SY
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oa
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4flgTf3Sfq~ ~.~5® U❑ L
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w LINT
ti~ GOLF COURSE ° VESTR EV
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CK PA1lK
Z s
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izm Q Tmom
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LAST
TRO ST.
TA L
LA E H L
PROPOSED OVERHEAD
WIRELINE CROSSING z
VAY
VA
N
NO SCALE
LOCATION MAP CITY OF DENPON, TEXAS 5-15-96
Y
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A:\SRAIL.0RD
Agenda No.
Agenda Item
Oate
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE KANSAS CITY
SOUTHERN RAILWAY COMPANY FOR WIRE CROSSING; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION T. That the Mayor is hereby authorized to execute, on
behalf of the City, a contract between the City of Denton and the
Kansas City Southern Railway Company for the construction and
maintenance of wires across the right of way and tracks of the
railway company, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. That the expenditure of funds as set forth in the
Contract is hereby authorized.
SECTION III, That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
L
1
.
Agenda No.-T
Agende )
WIRE CROSSING CONTRACT Date
THIS AGREEMENT, made and entered Into this 15th day of April, 1996, by and between THE
KANSAS CITY SOUTHERN RAILWAY COMPANY, a corporation hereinafter referred to as 'Railway
Company', and CITY OF DENTON, TEXAS, to be addressed at 215 East McKinney Street, Denton,
Texas 78201, hereinafter referred to as the 'Licensee'.
WITNESSETH:
WHEREAS, the Licensee desires to construct and maintain wires, hereinafter described, across
the right of way and tracks of the Railway Company and across the telephone, telegraph, signal and
other wires of the Railway Company and The Western Union Telegraph Company, the latter wires
being hereinafter referred to as 'Company wires';
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. PERMIT FOR CROSSING: For the sole convenience and accommodation of the Licensee and
at Its sole risk and expense, and In consideration of the covenants of the Licensee hereinafter set forth,
the Railway Company hereby permits the Licensee to construct, maintain and operate a crossing
(herein referred to as wire crossing) consisting of:
proposed overhead 13.2 KV power line crossing Railway property and tracks at
M.P. D-103.2+/-, as Indicated in red on print of Drawing No. 997.162, dated
2/16/98, marked Exhibit 'A', attached to and made a part hereof.
2. SPECIFICATIONS: The wires shall be placed, and at all times maintained, so as to give a
minimum clearance of twenty-eight (28) feet above the rails in the tracks of the Railway Company,
allowing for sag, and so as to clear the Company wires at least two (2) feet The Licensee shall, at Its
own expense, erect and maintain Its poles and wires In accordance with the latest revised rules, orders,
recommendations or specifications adopted by the National Electrical Safety Code of the Bureau of
Standards for overhead railway crossings by light and power transmission lines.
3. Material and workmanship shall be satisfactory to the Railway Company's authorized
representative, both as to renewal and repair. Should Railway Company consider it necessary or
desirable to supervise the installation or removal of wire line or to provide flagging protection of its
` trains during such installation or removal, Licensor shall provide such au.narvision or flagging protection
and Licensee shall reimburse Licensor for its reasonable costs and expen,:es. All expense in connection
with the crossing, Including its construction, renewal and repair, shall be borne by the Licensee.
4. POLES: The Licensee shall not erect or cause to be erected any poles, anchors or guy
wires upon the right of way of the Railway Company except as Indicated upon the attached exhibit,
and which poles, anchors and guy wires shall not be placed nearer than twelve (12) feet from the
nearest rail of any main track or nearer than seven (7) feet from the nearest rail of any side track.
6. MAINTENANCE: The Licensee shall maintain the wire crossing to conform to the
requirements of Section 2 hereof, and shall make frequent inspections of the crossing for that purpose.
If it shall come to the attention of the Railway Company that the same Is not being so maintained, the
Licensee will, on written request of the Railway Company, at any time, promptly make such renewals
or repairs In wire crossing as shall be designated by the Railway Company, and if the Licensee fails
within ten 00) days to comply with such request, the Railway Company may make such renewals and
repairs, the cost of which the Licensee agrees to pay, or the Railway Company ma/, at its option,
wholly remove the crossing wires, and the supporting structures, conduits and appurtenances from the
right of way.
Agenda No.C
Agenda It ~
Date
6. ADDITIONAL WIRES OF LICENSEE: in the event the licensee desires to install additional _
wires at the crossing in the locations hereinbefore described on the same poles, or towers, or in the
same conduits, hereinbefore provided for, it shall notify the Railway Company and the installation h
same shaft be subject to the consent and approval In writing of the Railway Company, and all such
additional wires shall be placed and erected in accordance with the aforesaid specification and this
contract.
7. CHANGES HEREAFTER MADE BY RAILWAY COMPANY: If at any time during the term of
this agreement, it shall become necessary or desirable for the Railway Company to build additional
track or tracks, depots, yards, or any other structure that may be necessary or desirable in connection
with the operation and maintenance of the Railway Company, or to change the grade or location of
Its track or tracks, or if changes in or additions to the Company wires or pores used in connection
therewith shall become necessary, or if It shall become necessary to do any work to comply with the
requirements of the Railway Company, or with the demands which may hereafter by law be prescribed
with reference to the crossing, the Licensee shall, at its own cost and expense, within thirty (30) days
after receipt of written notice from the Railway Company so to do, relocate, rearrange, reconstruct or
revise the wire crossing In such manner as to conform to the requirements of the Railway Company.
8. CONSIDERATION, INDEMNITY: in consideration of the license and permission herein
granted, and to thr, extent permitted by law the Licensee assumes and agrees to Indemnify and hold
harmless the Railway Company and other companies operating trains over its tracks from any claims
or demands (whether arising In or based upon tort, contract, strict liability, or otherwise) made by any
and all persons for accidents or Injuries arising from or growing out of the presence, use and operation
of tho Licensee's poles, towers, wires and appurtenances on the Railway Company's right of way, or
from the escape of current therefrom and from any payments which the Railway Company and other
companies, or any of them, may make to its or their employees and their beneficiaries, or any of them
under the provisions of any compensation law or other similar law or under the provisions of any plan
for employees' benefits adopted by the Railway Company and other companies, or any of them, In
s
construct and maintain the wire crossing as heroin ettlement for accidents or Injuries arising from or growing out of the failure of the Licensee to
provided.
aforementioned companies as provided in this paragraph unless such e loss arises loutdof the sole the
negligence of those companies.
The Licensee recognizes the danger Incident to the operation of trains over the tracks of the
Railway Company in the vicinity of the wire crossing, and agrees to adopt and enforce upon its
employees engaged In constructing, reconstructing or maintaining the wire crossing proper rules and
regulations for their safety while on or near such tracks. To the extend permitted by raw, the Licensee
assumes all liability for injuries to all persons engaged In such work and agrees to Indemnify and hold
harmless the Railway Company and other companies operating trains over its tracks from any liability
for such Injuries except when the same Is caused by the negligence of the Railway Company or such
other companies, its or their employees.
The Licensee agrees to reimburse and pay the Railway Company, or such other companies, any
judgments, costs, and expenses or amounts paid out in settlement, which they or any of them may
be put to or may be compelled to pay on account of any claims arising under Licensee's duty of
Indemnification. This agreement is made in part for the benefit of other companies operating over the
Railway Company's tracks and any of the companies may sue to enforce the provisions hereof, either
Jointly or severally, as their interests may be joint or several. None of the companies shall be liable for
any damage lexcept that willfully done) to the wire crossing, however caused.
9, OTHERS NOT TO USE: The Licensee shall not permit others to install wires in the crossing,
but if done, then the obligations, duties and liabilities herein imposed upon the Licensee shall be the
2
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.
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AgeAftemm~
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A~enDa
le
some as to such wires, as though they were the wires of the Licensee.
10. TAXES: The Licensee shall promptly pay all taxes, assessments and other governmental
or municipal charges upon its property located upon the right of way of the Railway Company and
comply with all governmental or municipal rules and regulations covering the operation of electrical
transmission lines of the character constructed, erected or operated hereunder.
11. ENGINEERING AND ACCOUNTING EXPENSE: Licensee agrees to pay for use of Licensoes
right-of-way and the privilege hereby granted, the sum of TWO HUNDRED FIFTY AND NO1100
DOLLARS 18250.001 upon execution of this contract.
As additional consideration for the privileges granted hereby, should Railway Company in the
future require power for its signal facilities In the area of the aforementioned installation, Licensee shall,
upon request from the Railway Company, provide transformer and power drop to serve the signal
facilities.
12. TERM: This permit shall continue to long as the wire crossing of the Licensee does not
Interfere with the property or the development, enlargement or improvement of the property of the
Railway Company, or in the opinion of the Chief Engineer of the Railway Company the wire crossing
does not constitute a hazard to Railway Company's property or employees. If and when the Railway
Company shall require the removal of the wire crossing and another mutually satisfactory location can
be found upon the Railway Company's right of way, then the wire crossing shalt be moved by the
Licensee promptly and at its own expense to such new location. However, if another location mutually
satisfactory cannot be found for the wire crossing, than the same shall, within thirty (30) days after
notice thereof to the Licensee, be removed from the Railway Company's right of way by the Licenses
at its own expense. If at any time the Licensee shall fail to maintain its wire crossing as herein
required, or such wire crossing shall, in the opinion of the Railway Company's Chief Engineer, become
a hazard to Its property or to its employees, then the wire crossing shall be relocated, as hereinbefors
provided, or shall be removed from the Railway Company's premises within thirty 1301 days after
notice from the Railway Company to remove the wars crossing.
Neither the service of the notice herein provided for, nor the termination of this License shall
operate in any manner whatsoever to relieve or release the Licensee from any obligations or liability
to the Railway Company theretofore accruing under the terms hereof.
Upon the termination of this agreement in any manner the Licensee shall immediately remove
its property from the premises of the Railway Company, and In the event of its failure so to do, the
Railway Company may remove the same at the cost of the Licensee.
Rights herein granted are personal and not assignable without Railway Company's written
consent. However, the provisions of this Agreement shall be binding upon the successors and assigns
of both of the parties.
13. If the operation or maintenance of the wire line shall at any time cause interference,
including, but not limited to, physical interference from electromagnetic Induction, electrostatic
induction, or from stray or other currents with the facilities of Railway Company or of any lessee or
licenses of Railway Company, or in any manner interferes with the operation, maintenance or use by
Railway Company of he right of way, tracks, structures, pole lines, signal and communication lines,
radio or other equipment, devices, other property or appurtenances thereto, Licensee agrees
Immediately to make such changes in its own lines and furnish such protective devices to Railway
Company and its lessees or licensees as shall be necessary In the judgment of Railway Company's
representative to eliminate such interference. The cost of such protective equipment and its installation
3
r
ngeooa No.
Agenda Its
Date.
shall be borne solely by the Licensee.
In the event that the methods above set forth fail to eliminate such interference, and it is
deemed necessary by the proper officer of Railway Company having jurisdiction therein that any or all
facilities of Railway Company or of any lessee or licensee thereof shall be relocated, reconstructed or
otherwise changed, the entire cost of such changes shall be borne by the Licensee.
The current due to electrostatic effects shall not exceed 5.0 milliamperes, rms, to ground. In
the event it Is determined that such current, at any time, exceeds 5.0 milliamperes, rms, Railway
Company shall have the right to require such installation or modification as may be necessary to reduce
the current to 5.0 milliamperes, rms, or less, and the entire cost of the installation or modification shall
be borne by the Licensee.
14. ENVIRONMENTAL CLAUSE: The Licensee shall not permit hazardous waste, hazardous
substances or hazardous materials on or In the area covered by this agreement without the written
consent of the Railway.
The Licensee shall at all times keep the area covered by this agreement in a safe, clean and
sanitary condition, and shall not mutilate, damage, misuse, alter or permit waste therein. Should any
discharge, leakage, spillage or emission of any hazardous waste, hazardous substance or hazardous
material or pollutlon of any kind occur upon, in, into, under or from the area covered by this agreement
due to the Licensee's use and occupancy thereof, the Licensee, at its sole cost and expense, shall
clean all property affected thereby, to the satisfaction of the Railway and any governmental body
having jurisdiction thereover.
The Licensee shall comply with all applicable ordinances, rules, regulations, requirements snd
laws whatsoever including Iby way of illustration only and not by way of limitation) any governmental
authority or court controlling environmental standards and conditions on the premises and shall furnish
satisfactory evidence of such compliance upon request by the Railway. If, as a result of the Licensee's
operation hereunder, any such ordinance, rule, regulation, requirement, decree, consent decree,
judgment, permit or law is violated, or if, as a result of any action by the Licensee, any hazardous or
toxic waste, materials or substances should enter or otherwise affect any part of the area covered by
this agreement (including surface, subsurface, airborne and/or ground contamination), to the extent
permitted by law, the Licensee shall protect, save harmless, defend and Indemnify the Railway from
and against any penalties, fines, costs, response, remedial, removal and clean-up costs, corrective
action, natural resource damage and damages and expenses of any other nature whatsoever, including
legal fees and court costs, Imposed upon or Incurred by the Railway, caused by, resulting from or in
connection with such violation or violations.
For the purposes of this Environmental Section, and to the extent permitted by law, the
Licensee agrees to defend, Indemnity and hold harmless the Railway from and against any and all
claims, demands, actions, liability, responsibility and causes of action (whether arising In or out of tort,
contract, strict liability, or otherwise) asserted against them for death, injury, loss or damage resulting
to the Railway's employees or property, or to the Licensee or the Ucensee's employees or property,
or to any other persons or their property, and for all penalties, fines, costs, response, removal, remedial
and clean up costs, corrective action, natural resource damage and damages and expenses of any
other nature whatsoever, including legal fees and court costa, arising from, related to or happening in
connection with the breach of the duties, obligations and responsibilities of Licensee and its agents,
servants, employees, contractors and representatives under paragraph 16 of this Agreement.
For the purposes of this Environmental Section, the Licensee further agrees that its obligation
of Indemnity hereunder pursuant to this section shall be strict and absolute, and shall remain in full
4
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r'
Agenda No.
Agenda Item_ - i
Date" -
force and effect Irrespective of any negligence on the part of the Railway. -
16. So long as this Agreement is in effect Licensee !grew to maintain comprehensive, general,
and contractual liability Insurance with minimum limits of 11,000,000 per occurrence, together with
umbrella coverage over all policies in the minimum amount of 15,000,000. In addition, Licensee shall
provide or require minimum statutory workman's compensation coverage for all covered employees
who are on Licensee's property. A certificate of Insurance wig be provided to Licensor by Licensee
prior to Installing the wire line licensed under this Agreement. Lcensor agrees that Licensee may
satisfy its obligation to provide minimum insurance through a self-4nsurar4o program so"as: (1)
Licensee's insurance program complies with all applicable laws and regulations; (Z) Licensee's program
is operated and maintained In a reasonable and prudent manner and 13) Licensee's "IMnsu ence
program Is primarily responsible for loss payments due under the terms of this Agreement.
16. Licensee agrees to furnish Licensor with a certified copy of resolution or ordinance adopted
by the City of Denton authorizing the Mayor and City Clerk to execute this contract on behalf of the
City.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate on the
day and year hareinabovs first written.
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
Approved:
By
V.P. and Chief Engineer
Title Senior V.P. - Operations
Approved as to form:
P (2, CITY OF DENTON, TEXAS
Legal Depar m nt
BY
cued as toe ution: Title__ Mayor
J.sg epar nt Attested:
BY
Title City Clerk
5
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Agenda No. _
Agenda Ile
Dale'
t¢
Xt jy
'a9
Propo»d Polo -
(Not on K.C.S. Fvv)
R/W
t O~MOtt ; CH~E m
+ vfr7v9vW40 W77 770
~ I K.C.S. Moin Line (old A.T.S.F) N9 40
25'
-
- in
To Doi1.;,, Jct. `
To Cleburne
J IL
R / W (y . 80NN/F 6
:1111 L R
g PrppoNe Pui. 'Y S
tra. on K.C.S. Rin ~ ~ T
Will
LIA
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wilt jj
Fda/vvl/nt t/kcs Id.ngdro./Wd.nun/ruoeAl)-IST d9A
Sta. 545065•/- - M.P.0-103.2•/-
OVERHEAD WIRE CROSSING REYlslans EXHIBIT "N'
TELEPHONE MIRES: 28 FEET THE KANSAS CITY SOUTHERN RY. CO.
ANY OVERHEAD OBSTRUCTION: 28 FEET
ELECTRIC LIGHT AND POWER MIRES CARRYING:
LESS THAN 750 VOLTS: 28 FEET Proposed overhead 13.2 KV
750 TO I5•000 VOLTSI 28 FEET
15.000 TO 50.000 VOLTS: 30 FEET Power Line Crossing of
MORE THAN 50.000 VOLTS. 30 FEET PLUS Mile Post 0-103.2/- in
r~ INCH FOR EACH 1000 VOLTS IN EXCESS
D~ $0.000. (KV'S - SO X .0416667') . 30' Denton, Texos.
NOTEt PROPOSED OVERHEAD MIRE CROSSINGS
SHALL BE W SURED FROM TOP OF RAIL.
DRAwN BY DATE YN.. SCC, S>SE[f M0.
K.L.W. 2.16-96 1 of 1
CNECKCD BY SCALE FILE DRAWING N0.
1"•100' 997.152
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Apenda Ho. _
Agenda lie
Date
q~
41
~Kyy
Q
)Kl
Proposed Pole ~~~JNN~~,,33
ma% en K.C.S. R/V: Q-'
R/w ~
+ 1% 411
w
+ 10 K.C.S. Main Line (old A.T.S.F) No•4a
25e
A f
To Dolton Jct.
To Cleburne 4W
M
0-aewaoh` New
`M
R/W
A
Proposed Pele 5.
Qbt en K.C.S. R/IR " l
W
M ~
RNs
File, /.vl/mWt^te le/enydr e./u/dentoNeo ec/917-ISt.dq,
Sta. 5450.65•/- M.P. 0-103.2•/-
OVERHEAD WIRE CROSSING REVlslaas EXHIBIT "A"
TELEPHONE MIRES: 28 FEET THE KANSAS CITY SOUTHERN RY. C0._ -
ANT OVERHEAD OBSTRUCTION: 20 FEET
ELECTRIC LIGHT AND POWER MIRES CARRYING: Proposed overhead 13.2 KV
LESS THAN 750 VOLTS: 2e FEET
750 TO 15,000 VOLTS: 26 FEET Power Line Crossing of
15.000 TO 50,000 VOLTS= 30 FEET
MORE THAN 50,000 VOLTS 30 FEET PLUS We Post D-103.2•/- in
li INCH FOR EACH 1000 VOLTS IN EXCESS
jW $0.000. 11(V'S - SO x .0416667'1 + 30' Denton, Texas.
NOTE: PROPOSED OVERHEAD MIRE CROSSINGS
SHALL BE AEASURED FROM TOP OF RAIL. DRAwH Br DAIS YK, 5[c, 94Er }so.
K.L.W. 2 16 96 t of 1
Cr[<KCD BY SGeE FL[ ORApP1C r4.
1"•t00' 997.152
T
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4
Agenda No. 96
Aflenda Item
Date
DATE: May 21 1996
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Ted Benavides, City Manager
SUBJ: CONSIDER FEBRUARY 1996 RESIDENTIAL WASTEWATER
(SR) VOLUME BILLING ADJUSTMENT
RECOMMENDATION:
The Public Utility Board has recommended that a February 1996 residential
wastewater (SR) billing credit be issued to all customers whose February 1996
billed wastewater volume was more than 25% higher than their winter average
wastewater volume. This credit will be similar in processing to the one issued for
December 1995. They also recommended that the methodology for calculating the
wastewater rate be modified to reduce the effect of customers winter irrigation.
They also recommended that the new methodology take effect for the March 1996
billing and that above normal charges for March, April and May be credited to the
customer.
BACKGROUND:
At the February 13, 1996 City Council meeting, the City Council revised the
residential wastewater rate (SR) and billing methodology and provided a credit to
customers who had excessively high December 1995 sewer bills. This resulted
because of dry weather and lack of rain, causing citizens to use above average
water volumes in December, of which the majority is attributable to irrigation. The
City Council approved a revision to the residential wastewater rate permitting
citizen., to use their existing winter average in the winter average calculation if the
actual water usage during a winter average month is above or below 50% of their
winter average.
The City Council also eliminated December 1995 water volumes from the winter
average calculation for the urrent year. Winter average wastewater volumes for
March, April and May 1996 have been calculated using the average of January and
February 1996 water volumes.
4
t
Agenda No,
CITY COUNCIL AGENDA ITEM Agenda Item Oate
May 21, 1996
Page 2
At the March 1996 Public Utility Board meeting, Mr. Mitchell Turner spoke to the
Public Utility Board concerning his February 1996 wastewater bill. Mr. Turner
irrigated during February, which caused him to have a large wastewater bill, and
he expressed that a similar credit be applied for February 1996 due to the dry
weather. The Public Utility Board requested additional information on billed
wastewater volumes and usage patterns for all residential wastewater (SR)
customers during February 1996, in order to further review Mr. Mitchell's
concern, and it's application to the entire residential wastewater (SR) rate class.
SUMMARY:
The staff reviewed the February 1996 data of the 14,317 residential wastewater
accounts. The report includes 10,852 accounts which were usable (the remaining
accounts did not have established winter averages, had cancels and rebills, etc).
The data provided the following information. (See Exhibit 11).
a. 5.4% had volumes more than 50% below their normal winter
average.
b. 11.4% had volumes between 25% & 50% below their normal
winter average.
C. 53.0% had volumes within 25% of their normal winter
average.
d. 12.3% had volumes between 25% & 50% above their normal
winter average.
C. 17.9% had volumes more than 50% above their normal winter
average.
'['he Public Utility Board's recommendation is that the main purpose of using
winter average water use to calculate the wastewater charge is to get a reasonable
indication of the true wastewater that the city must treat for each customer. They
also recognized that many people irrigate during the winter, especially if it is
abnormally dry as it has been this past winter. Therefore the Board has
recommended that Denton continue to use the three winter months of December,
January and February to determine a monthly average wastewater usage for the 12
months beginning with March each year, but that if the water usage is above or
below 250,'o of the customers previously established monthly average (See Exhibit
111) that that high or low usage volume not be used and instead the previously
established monthly usage value be used for that abnormal months value when
r
Agenda Ho.
Agend item-
~
CITY COUNCIL AGENDA ITEM Date
May 21, 1996
Page 3
figuring the future monthly average. The Public Utility Board's recommendation
is also that;
a) An adjustment be given to any customer whose February 1996
billed wastewater volume was more than 25% above their Dec.
1994 - Feb. 1995 winter average.
i
b) The wastewater rate methodology be adjusted for the future so that
the customers normal winter average would be used any time the
customers winter month volume is less than or greater than 25% of
their previously established normal winter average.
C) Recommended corrections be made to the wastewater rate
methodology in such a way that the principles of item "b" above
would be used for all billings subsequent to February 1996.
d) Wastewater credits for March, April, and May 1996, will be given
for any billed volumes that where the December - January winter
average is lower than the previously billed January - February
winter average.
The February adjustment will change the current winter average in use, which is
currently utilizing the January and February 1996 volumes for calculating
wastewater billings for the months of March 1996 through February 1997. March
1996 through May 1996 billings will be reviewed and a credit given to any
customer whose winter average is lower due to the change in methodology.
Residential wastewater billing volumes will adjust to more normal levels through
February 1997, based on the average of the Dec. 95, Jan. 96. & Feb. 96 volumes
corrected to historical volumes if the recent monthl) winter volumes are greater
than or less than 25% of the historical winter average.
It is estimated that the credits for the February 1996 billings and the minor
adjustments to the March, April and May 1996 billings will be in the range of
$30,000 to $40,000. It should be noted that this change in methodology could
cause a slight increase for customers who had a vary low monthly usage in
January or February or historically had a higher usage :n the winter of 1995/96.
All 1,
No.
agenda Item
CITY COUNCIL AGENDA ITEM Date
May 21, 1996
Page 4
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTF,D:
Citizens of Denton, Residential Wastewater Customers, Denton Municipal Utilities,
Finance Department, Legal Department, Public Utilities Board, and City Council.
Respectfully submitted:
eC reides, City Manager
Prepared by;
- (11P
R.E. Nelson, Executive Director Utilities
Exhibits: 1. Legal Department Ordinance
2. SR Residential Wastewater Customer Percentage Differences
3. SR Residential Wastewater Winter Average Calculaiion
i~
96WOT6.ORD C r
Agenda No.
Agenda Item
Date `
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 96-043 BY CHANGING THE SR AND SRW
RATES FOR RESIDENTIAL WASTEWATER SERVICE TO REVISE THE METHODOLOGY
FOR DETERMINING RESIDENTIAL WASTEWATER RATES; AUTHORIZING CREDITS
FOR RESIDENTIAL WASTEWATER CUSTOMERS; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's existing methodology for calculating
wastewater billed volume for residential customers involves making
an estimate of average monthly volume based upon water usage during
winter months, in an effort to minimize the confounding effect of
irrigation upon the average; and
WHEREAS, February 1996 was an unseasonably dry month,
prompting many residential customers to irrigate during that month;
and
WHEREAS, the Public Utilities Board has recommended issuing a
credit to residential wastewater customers for February 1996 in an
effort to mitigate the confounding effect of this irrigation, and
to adjust the winter average methodology, and to adjust residential
wastewater billings subsequent to February 1996; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance 96-043 is hereby amended by
adopting new SR and SRW Rate Schedules, attached hereto and incor-
porated herein, for residential wastewater service, as provided for
in Chapter 26 of the Code of Ordinances, of the City of Denton,
Texas.
2jQT;QN II. That the City Manager is hereby authorized to
issue rebate credits for residential wastewater customers for
wastewater usage since February 1996, consistent with the methodol-
ogy preecribed in the schedules, attached hereto and incorporated
herein by reference.
SECTION III. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the valid-
ity of the remaining portions of this ordinance, and the City Coun-
cil of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION IV. That the amendments to the Schedule of Rates
herein adopted shall be effective, charged and applied retroactive-
,
a
R
AgenAlte
AganDate ly,
as applicable, to all residential wastewater billings occurring
on or after February 1, 1996.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
M
t
Agenda No. ~ ` t
Agenda Item
Date
SCHEDULE SR
RESIDENTIAL WASTEWATER SERVICE
APPL- IG4TION
Applicable for single family residential service, and individually
metered apartments or mobile homes or multi-family facilities with
less than four (4) units. Also applicable for wastewater service
without City of Denton water service.
Not applicable for sub-billing or other utility billing by service
user in any event.
NET MONTHLY RATE - BTU army OF DEr~ON WATER S ~?VIC
(1) Facility Charge $6.20 / 30 days
(2) Volume Charge $2.37 / 1,000 gallons effluent
Except as otherwise stated in this schedule, wastewater volume is
calculated based upon an Average Daily Usage, established annually
during the billing months of December through February, and based
upon actual water consumption during those months. The Average
Daily Usage thus calculated establishes the wastewater volume
charge for each subsequent month, through the following February.
Otherwise, for customers possessing insufficient water consumption
billing history to establish an Average Daily Usage, wastewater
volume is calculated based upon the current month's water consump-
tion.
A. For customers with an established water consumption billing
history for the preceding months of December through February,
the Average Daily Usage applicable through the following
February shall be calculated at 98V of the average daily water
consumption for the preceding December through February,
subject to the following exception:
1. W4i24tiac fa-nor If the Average Daily Usage so calcu-
lated deviates by more than 25V from the daily wastewater
volume (98V of average daily water consumption) calculat-
ed for any component month (December, January or Febru-
ary), the Average Daily Usage calculated for the previous
year shall be substituted for the daily usage in any such
deviant month in calculating a new weighted Average Daily
Usage to be utilized through the following February.
8. For customers without an established water consumption billing
history for the preceding months of December through February,
wastewater volume for each month through the following
PAGE 1
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Agenda No.-
Agenda 1te 3
Date ~ ~ 6
February shall be calculated at 98% of the actual water con-
sumption for the month, subject to the following limitations:
1. For the months of March through November, maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98% of 6,500 gallons of water consumption.
2. For the months of December through February, maximum
h wastewater volume for billing purposes shall be calculat-
ed based upon 98% of 30,000 gallons of water consumption.
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Agenda too. v _
A~fnda Item '
Date
logv for Calculating Residential Wastewater Billed
nd Credits for February 1996 ONLY
customers with a water consumption billing history
the previous months of December 1994 through Feb-
y 1995, the February 1996 wastewater volume shall
ased upon:
1. 984 of actual water c
onsumption, if it is not
more than 254 greater than the winter average.
2. If the actual water consumption is greater than
254 above the winter average, than the volume will
be based upon the December 1994 through February
1995 winter average.
B. For customers without an existing Average Daily
Usage, the February 1996 wastewater volume billed
shall be 984 of that month's actual billed water
volume, up to a maximum of 8,125 water gallons.
C. Customer Service will recalculate February wastewater
billings and apply any savings as a credit against a
future billing.
Methodology for Calculating poaidentlai Wastewater Wint r
Average: Dece~hPr !99 through F b nary 1996: (To be used
from March 1996 through February 1997).
A. The December 1995 through February 1996 winter average
will be calculated using all three months. All actual
December 1995 through February 1996 wastewater volumes
that vary more than 254 from the December 1994 through
February 1995 winter average wastewater volume will be
replaced with the December 1994 through February 1995
winter average volume in the calculation of the Decem-
ber 1995 through February 1996 winter average volume.
This winter average will be compared against the Jan-
uary and February 1996 winter average previously
billed. The lower of the two will be applied to March
1996 and subsequent billings prior to the implementa-
tion of this revised methodology, with billing credits
being issued as applicable.
B. The December 1995 through February 1996 winter average
volume will be used through February 1997, in accord-
ance with A above.
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Agenda No C
Agenda I em ,
Date
INI BILLING - WITH ITY DENT N WATER ERVIC
Facility Charge
VO FLoRGE WITH CITY OF lFH~ON WATER SFQVTf+b
With an established Average Daily Usage, billings through the
following February shall be based on the Average Daily Usage.
Formula:
Average
pail a x Rate per 1,000 gallons
1000
For customers without an established Average Daily Usage, billings r than onr98tnofaactual water cece onsumer, ption for the month or hg 8t of based
gallons, whichever is less, 6,500
Formula: The Lower of,
Actual Wa Ar ,~,.,~ian x 8k x Rate
1000 Per 1,000 gallons
Or,
6.500 10~00 0 x Rate
1 Per 1,000 gallons
for
For customers without an established Average Daily Usage, billings Febru volume December ethfoug he month up be 98V of the actual water cons water
volume per 30 days, P to a maximum of 30,000 gallons of
Formula:
&ctual Water Con UMpj nn LX -291 x Rate per 1,000 gallons
1000
PA-
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
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Agenda No~ 0 }
Agenda Item _
Date >
SPECIAL FACILITIES
All services which require special facilities in order to meet cus-
tomer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF FACILITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual days in reading period x customer charge
30 days
SRN
NET MONTHLY RATE - WITHOUT IT OF DENTON WATER SERVICE
SRI SRO
Inside Corporate Outside Corporate
Limit.Q._.. Limits
(1) Facility Charge $6.20 / 30 days $7.15 / 30 days
(2) Volume charge $2.37 / 1,000 gals $2.73 / 1,000 gals
The customer shall pay a minimum volume charge on four trousand
(4,000) gallons per month.
MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE
The facility charge plus 4,000 gallons of wastewater
VOLUME CHAR- WITHOUT CITY OF DENTON WATER SERVICE
The billing for the wastewater volume shall be based on the
wastewater volume calculated during the billing period.
Formula:
Minimum Wastewater Volume x Rate per 1,000 gallons
1000
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Agenda No. -
Agenda Item _
Date
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet cus-
tomer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF FACILITY CHARGE
Billing for the Facility charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual days in reading period x customer charge
30 days
1
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Agenda No. ] 5 /
Agenda Item
Date
SCHEDULE SRW
RESIDENTIAL WASTEWATER SERVICE TO USERS
OUTSIDE CITY OF DENTON CORPORATE LIMITS WITH
CITY OF DENTON WATER SERVICE
APPLI- CATION
Applicable for single family residential sewer customers, individu-
ally metered apartments or mobile homes or multi-family facilities
with less than four (9) units outside of the corporate limits of
the City of Denton and also receiving water from the City of
Denton.
NET MONTH .V g=
(1) Facility Charge $7.15 / 30 days
(2) Volume Charge $2.73 / 1,000 gallons
Except as otherwise stated in this schedule, wastewater volume is
calculated based upon an Average Daily Usage, established annually
during the billing months of December through February, and based
upon actual water consumption during those months. The Average
Daily Usage thus calculated establishes the wastewater volume
charge for each subsequent month, through the following February.
Otherwise, for customers possessing insufficient water consumption
billing history to establish an Average Daily Usage, wastewater
volume is calculated based upon the current month's water consump-
tion.
A. For customers with an established water consumption billing
history for the preceding monthe of December through February,
the Average Daily Usage applicable through the following
February shall be calculated ac 98V of the average daily water
consumption for the preceding December through February,
subject to the following exception:
1. 1+leichtinv fact r If the Average Daily Usage so calcu-
lated deviates by more than 25t from the daily wastewater
volume (98% of average daily water consumption) calculat-
ed for any component month (December, January or Febru-
ary), the Average Daily Usage calculated for the previous
year shall be substituted for the daily usage in any such
deviant month in calculating a new weighted Average Daily
Usage to be utilized through the following February.
a. For customers without an established water consumption billing
history for the preceding months of December through February,
PAGE 7
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Agenda No. "
Agenda Re
Dale •
wastewater volume for each month through the following
February shall be calculated at 98% of the actual water con-
sumption for the month, subject to the following limitations:
1. For the months of March through November, maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98W of 6,500 gallons of water consumption.
2. For the months of December through February, maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98t of 30,000 gallons of water consumption.
PAGE 8
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Agenda No. Agenda Ito -
Date
Fbedential Wastewater Billed
and Credits f1996 ONLY•
customers with a water consumption billing history
the previous months of December 1994 through Feb-
ry 1995, the February 1996 wastewater volume shall
based upon:
1. 98% of actual water consumption, if it is not
more than 25R greater than the winter average.
2. if the actual water consumption is greater than
25% above the winter average, than the volume will
to based upon the December 1994 through February
1995 winter average.
B. For customers without an existing Average Daily
Usage, the February 1996 wastewater volume billed
shall be 98t of that month's actual billed water
volume, up to a maximum of 8,125 water gallons.
C. Customer Service will recalculate February wastewater
billings and apply any savings as a credit against a
future billing.
Metho ologv for Cal u]ar g Residential Wastewater -Winter
Average: December 1995 through February 199¢: (To be used
from March 1996 through February 1997).
A. The December 1995 through February 1996 winter average
will be calculated using all three months. All actual
December 1995 through February 1996 wastewater volumes
that vary more than 254 from the December 1994 through
February 1995 winter average wastewater volume will be
replaced with the December 1994 through February 1995
winter average volume in the calculation of the Decem-
ber 1995 through February 1996 winter average volume.
This winter average will be compared against the Jan-
uary and February 1996 winter average previously
billed. The lower of the two will be applied to March
1996 and subsequent billings prior to the implementa-
tion of this revised methodology, with billing credits
being issued as applicable.
B. The December 1995 through February 1996 winter average
volume will be used through February 1997, in accord-
ance with A above.
PAGE 9
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Apenb No. _
Agenda Item
Date ! ' (F
MINIMUM BILLING
Facility Charge
PAYMENT.
Bills are due when rendered, and become past due if not paid with'n
15 calendar days from date of issuance.
aPECIAL FACILITIES
All services which require special facilities in order to meet cus-
tomer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF FACILITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual days in reading period x customer charge
30 days
VOLUME CHARGE
With an established Average Daily Usage, billings for the months of
March through February shall be based on the Average Daily Usage.
Formula:
Average !Iastewater Volume x Rate per 1,000 gallons
1000
For customers without an established Average Daily Usage, billings
prior to December through February shall be based on 984 of actual
water consumption, or 984 of 6,500 gallons, whichever is less.
Formula: The Lower of;
Actual Water Consumption x 98$ x Rate per 1,000 gallons
1000
Or,
6.500 Gallons x 984 x Rate per 1,000 gallons
1000
PAGE 10
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Agenda No.CY
Agenda Ile
Date ~
I
For customers without an established Average Daily Usage, billings
for December through February shall be 98V of the actual water
volume up to a maximum of 30,000 gallons of water volume per 30
' days.
Formula:
Actual Water Consumotion x -M x Rate per 1,000 gallons
1000
{
PAGE 11
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SR Residential Wastewater Customer Percentage Differences
From Winter Average Volume to February 1996 Volume
60%
50%
a
40%
a~
w n o
30%
3 '
20%
10%
0%
< 50% < 25% - 50% < 25% > 25% > 25% - 50% > 50% ~
May 14, 1996
G:lfinancelutillwwlsrcredittsrvol %
i
SR Residential Wastewater Winter Average Calculation
12.0
10.0
829.301 Mth + 50% of Winter Average
■2
8.0 824.45 / Mth + 26% of Winter Average
r4
New Winter Average
6,0 Previous Winter Average 822.11 / Mth o a
821.60 / Mth e: g I
0
K a
z
817.76 / Mth ■ 3 - 25% of Winter Average i
4.0
i
813.90 / Mth 50% of Winter Average
2.0
Doc Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
t Actual Volume + Winter Average Volume
May 14, 19% O Volume to Calculate Winter Average
G:lfinance\utillw w1s rcred itls ravg2
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Apee~a No.
hands item
Date
May 21, 1996
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Ted Benavides, City Manager
SUBJECT: CONSIDER CONTRACT AMENDMENT WITH RESOURCE MANAGEMENT
INTERNATIONAL (RMI)
RECOMMENDATION:
The staff recommends approval of the addition of Task Order No. 96-02 to the RMI
Professional Services Agreement. Pursuant to Task Order No. 96-02, RMI would prepare
the Public Utility Commission's required filing regarding Denton's electric system's
stranded cost.
SUMMARY:
I
The Public Utility Commission is continuing its rapid pace of developing rules and
regulations, setting policy, and compiling a report on the electric industry in Texas for
the upcoming legislative session. The PUC is currently trying to assess the extent of
"stranded investment" in Texas. Stranded investment refers to those costs associated with
previous investments which would not be recoverable in a deregulated scenario. For
instance, when Denton invested in TMPA's Gibbons Creek Coal Plant, it was an efficient
and "prudent" choice for generation. At the time, federal regulation prohibited building
any natural gas generation. Today, however, natural gas has been deregulated and is now,
because of the related efficiencies, the preferred fuel choice for generation. Gas plants
can provide cheaper electric generation than can coal or nuclear plants. In a deregulated
market, coal and nuclear plants will be less competitive than gas plants. The difference
between the market cost for electricity and the cost of 7MPA electricity represents
Denton's "stranded cost."
Regulators and utilities have long had a "Compact" where utilities get the right to serve
a certain territory of customers in exchange for providing the lowest prices possible. One
way to keep electric prices as low as possible is to lengthen the depreciation time of large
capital investments such as power plants. This worked well until recently when new
technology relegated the old style less efficient power plants obsolete. The PUC is
reviewing methods to allow the previously regulated utilities to collect some of their
stranded investments so that they can be competitive with the new emerging power
suppliers.
j:\home\penny_b\coanCiI\a;item\rmlcc.m21
Q
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CITY COUNCIL AGENDA ITEM Apend~eM wit
May 21, 1996 Date
PAGE 2
The information required by the PUC is substantial and it is very critical that Denton
reports their information correctly. It could significantly affect Denton's future revenues
if stranded investment recovery is allowed by the state legislature.
Denton does not readily have all of the information the PUC requires. The information
Denton does have is not, for the most part, in the format the PUC needs. To assist the
staff in assembling this information and make the necessary filings, we recommend that
we expand the professional services contract that we already have with RMI. RAII has
been helping Denton prepare a multitude of information responses to the PUC regarding
transmission line deregulation, transmission pricing, proposed utility restructuring,
Independent System Operator (ISO) hearings, etc. The information for the ECOM
stranded investment issue is partially due June 3, 1996, with the majority due June 17,
1996.
RMI estimates that the cost to assemble, format and file this information will be
approximately $30,000. The original contract with RMI for transmission issues was for
$5,000. Amendment #1 for $15,000 addressed transmission pricing issues, integrated
resource planning, and electric industry restructuring. (This $15,000 cost was Denton's
share of the cost for all TMPA cities regarding these issues.) Task order No. 96-02 is
specifically for Denton. We understand Garland is also using RMI's services for this
stranded investment information, but will be contracting separately because the
information is city-specific.
FISCAL IMPACT
Estimated cost for Denton is $30,000
Respectfully submitted,
Ted Benavides, City Manager
Prep s by,
4)L~Srj~
R. E. Nelson, Executive Director Utilities
Exhibits:
1. Ordinance
IL Task Order 96-02
)1~ome\yenny_~\counei l\agl cem\rmice.m31
i
Agenda Nti j0
Agenda Itte
ATTACHMENT TO Oates
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
RESOURCE MANAGEMENT INTERNATIONAL, INC. AND
THE CITY OF DENTON, TEXAS
TASK ORDER NO. 96-02
ECOM FILING
PROJECT 15001
Services provided under this Task Order will provide assistance to the City of Denton, Texas
(City) by preparing the filing for stranded cost to be filed June 17, 1996 at the Public Utility
CommissE--n of Texas (PUC). The scope of services includes time for work with PUC staff
discussing issues specific to the TMPA Cities, discussions with Denton and
other TMPA member
cities and TMPA staff as necessary to gather and prepare information for the filing. The
information from this work will be used for the stranded cost filing and also to provide a basis
for Denton's competitive assessment strategic planning process.
SCOPE OF SERVICES
Task A Gathering of Data For Filing Model
I. RMI will perform a detailed review of the Excess Cost Over Market (ECOho model and
filing requirements.
2. RMI will meet with PUC staff to discuss issues related to the filing specific to the
operation of the Texas Municipal Power Pool (TMPP). Through these discussions it will
be determined whether Denton's stranded costs should be calculated using TMPP units
and dispatch or Denton's own resources.
3. Operational and cost data will be gathered on generation units owned by Denton and
TMPA for the filing. This data will be supplied by Denton and TMPA.
4. Denton's existing load forecast will be used for sales input to the ECOM model.
5. Denton's and TMPA fuel supply contracts will be reviewed to gather information on
future fuel costs. Fuel projections for each unit will be made. To extent fuel projections
are available for Denton and TMPA units, those fuel projection will be reviewed and
used for the filing.
6. RMI will use a production cost model or spreadsheet model to develop generation costs.
Whether the production cost model or a spreadsheet model is used will depend on PUC
criteria and availability of data within time frame.
F
Agenda No,
Agenda Item
Task B Preparation of ECOM Filing Package Date
1. RMI will input all generation, load and cost data to the model.
2. RMI will produce the 54 nuns required for the filing. This includes printed results for the
six scenarios using three efficiency assumptions and three market price assumptions for
a combined 54 runs.
3. The filing package will be completed and the results discussed with Denton staff. The
model, printed results and necessary documentation will be filed with the PUC.
BUDGET
RMI will perform these services on a time and expense basis. All work will be billed on a
monthly basis in accordance with the Professional Services Agreement and the hourly rate
schedule for the current year. Charges for these services are projected to be $30,000 for time and
expenses. This pro*L*on of costs is based on RU's assumptions regarding availability of data
from TWA and the City. Should the scope of this project be changed due to availability of data
or changes in requirements from PUC as a result of their on-going review process, RMl will
notify the City of any need to adjust the budget. RMI will bill monthly and will not exceed this
budget without approval from the City.
This Task Order is authorized and made an attachment to the above identified Professional
Services Agreement through the signatures below.
Authorized by Accepted by
City of Denton, Texas Resource Management Intemational, Inc.
i
By: By:
Dated: Dat O 1914o
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E:\MPD0CS\ORD\R4I.ANo
C,
::panda No.
Agenda Item- _
Date
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT
INTERNATIONAL ("RMI") BY ADDING A TASK ORDER AND AUTHORIZING
ADDITIONAL COMPENSATION; AND PROVIDING AN EFFECTIVE DATE.
SECTION i. That the City Manager is hereby authorized to
execute an amendment to the contract with Resource Management
International ("RMI") in substantially the form of Tas-. Order No.
96-02, which is attached to and made a part of this ordinance for
all purposes, by adding additional tasks and an additional amount
not to exceed $30,000 for the additional services to be performed
by RMI.
SECTION IT, That the expenditure of funds as set forth in the
attached Task Order No. 96-02 is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY$ CIT)( ATTORNEY
BY:
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Aflenda, Na,
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Date
Wry OFDENTON YExgS Ml1NlC1PAL BUILDlNQ DENTON, TEXAS 76201 s TELEPHONE 81 566.8307
ONke of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted J. Benavides, City Manager
DATE: May 17, 1996
SUBJECT: Ordinance Authorizing The City Manager To Execute An
Amendment To The Commercial Lease Agreement Between The
City Of Denton And Avionics International
RECOMM NTATION•
Staff recommends the adoption of this ordinance.
BACKGROUND'
On December 19, 1995, the Council approved a commercial lease
agreement between the City of Denton and Avionics International
Supply, Inc. As Officers of this corporation purchased their
building prior to securing financing for certain improvements to
be constructed on the lease premises, the City was asked to amend
the lease.
The amendment as noted in Section IX (Subrogation of Mortgagee),
enables Avionics International Supply, Inc., to assign the lease
as collateral for the purposes of securing the note with the
lending institution. Additionally, the amendments preclude
Avionics International from assigning any options or rights of
first refusal (Section XI). Further, in the event of default by
Avionics International, the City agrees to notify the lending
institution by registered mail, return receipt requested.
PROGRAMS D PARTM NTS OR GROUPS AFFECTED
Staff and Avionics International.
FISCAL IMPACT.,
None.
'Dedicated to Quality Service'
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Agenda No?
Please advise if I can provide additional informatio%edaltem
RESPECTFULLY SUBMITTED:
Ted J. Benav des
cit Manager
Prepared by:
6seph ortugal
Assistant to the City Manager
Attachments: 1. Ordinance
2. Amended Lease
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agenda No,
Agenda It of
Date
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE AN AMENDMENT TO THE COMMERCIAL LEASE AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND AVIONICS INTERNATIONAL
SUPPLY, INC.; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute an
amendment to the commercial lease agreement between the City of
Denton, Texas and Avionics International Supply, Inc., under the
terms and conditions contained within the amendment, which is
attached hereto and made a part hereof.
SECTION II That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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Agenda No.
Agenda Item
Date
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN
AVIONICS INTERNATIONAL SUPPLY, INC.
AND THE CITY OF DENTON, TEXAS
THE STATE OF TEXAS 5
5 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 5
WHEREAS, Lessee, Avionics International Supply, Inc. has
indicated that certain provisions of the December 19, 1995 lease
agreement between it and Lessor, City of Denton, Texas, are causing
difficulty in securing financing for certain improvements to be
constructed on the leased premises; and
WHEREAS, Lessor desires to facilitate development at the Denton
Municipal Airport by Lessee;
This lease amendment ("Amendment") is made and executed this
day of April, 1996, at Denton, Texas, by and between the City
of Denton, Texas, a municipal corporation, hereinafter referred to
as "Lessor", and Avionics International Supply, Inc., having its
principal offices at 1750 Westcourt Road, Denton Municipal Airport,
Denton, Texas 76207, hereinafter referred to as "Lessee". This
amendment amends the lease agreement executed on December 19, 1995
(the "Agreement") between Lessor and Lessee to the extent contained
herein only; all other provisions of the Agreement not specifically
modified herein remain in full force an effect as originally
written.
Article IX. of the agreement is hereby amended to read as
follows:
IX. SUBROGATION OF MORTGAGEE
Any person, corporation or institution that lends money to
Lessee for construction of any hangar, structure, building or
improvement and retains a security interest in said hangar, struc-
ture, building or improvement shall, upon default of Lessee's
obligations to said mortgagee, have the right to enter upon that
portion of said leased premises upon which said fixture is located
and operate or manage said hangar, structure, building or improve-
ment according to the provisions of the agreement, for a period not
to exceed the term of the mortgage with Lessee, or until the loan is
paid in full, whichever comes first, but in no event longer than the
term of this lease. Mortgagee shall not be obligated to operate any
business upon the leased premises during its tenancy of the leased
premises, and mortgagee shall not conduct any business upon the
leased premises which is not aviation related. If, during mort-
gagee's occupation of the leased premises, mortgagee finds a suit-
able substitute tenant to operate an aviation-related business on
such portion of the leased premises, it may, with Lessor's consent,
assign such portion of the lease to such assignee under the terms
contained within Paragraph XI. it is expressly understood and
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Date
agreed that the rights of the mortgagee referred to herein are limi-
ted and restricted to those improvements constructed with funds
borrowed from mortgagee, that mortgagee shall have no right to exer-
cise, possess or assign any options or rights of first refusal not
exercised by Lessee prior to default, and that mortgagee shall have
no right to use, possess, occupy or assign any leased tracts upon
which no mortgagee-financed fixtures are located.
Article XI. of the Agreement is hereby amended to read as
follows:
XI. ASSIGNMENT OF LIASI
Lessee expressly covenants that it will not assign this lease,
convey more than ten percent (10t) of the interest in his business,
through the sale of stock or otherwise, transfer, license, nor sub-
let the whole or any part of the said premises for any purpose,
without the written consent of Lessor. Lessor agrees that it will
not unreasonably withhold or delay its approval of such sale, sub-
lease, transfer, license, or assignment of the facilities for the
airport related purposes. All options and rights of first refusal
under this lease are personal to Lessee and are not assignable. In
all other respects, all duties of Lessee shall remain binding upon
any assignee. Solely to secure financing of buildings, structures
or other fixtures on the leased premises, Lessee may assign to a
mortgagee, as collateral only, such rights under the lease as are
allowed under Article IX, herein.
Paragraph XVI. D. of the Agreement is hereby amended to read as
follows:
XVI. MISCILLANIOUS PROVISIONS
D. NOTICE. Any notice given by one party to the other in
connection with this agreement shall be in writing and shall be sent
by registered mail, return receipt requested, with postage and
registration fees prepaid as follows:
1. If to Lessor, addressed to:
City Manager
City of Denton
Denton, Texas 76201
2. If to Lessee, addressed to:
Andy Johnson or Don Hawkins
Avionics International Supply, Inc.
1750 Westcourt Road
Denton Municipal Airport
Denton, Texas 76207
Avlonle■ Lease Agreement . Page 2
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Agenda No.
Agenda Item r
Date
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt. No notice given to Lessee
shall be effective unless similar notice is given to any mortgage
holder having an interest on any improvements to the leased
premises; provided, however, that Lessor's burden to deliver
notification to mortgage holders shall be limited to mailing the
mortgage holder a duplicate copy of all required notices to Lessee,
at the last address furnished by Lessee to the Lessor's Airport
Manager. LESSEE SHALL HAVE THE OBLIGATION TO NOTIFY LESSOR IN
WRITING OF ANY ADDRESSES OF INTERESTED MORTGAGE HOLDERS, AND SHALL
INDEMNIFY AND HOLD HARMLESS LESSOR FROM ANY AND ALL DAMAGES CLAIMED
BY ANY THIRD PARTY MORTGAGE HOLDER DUE TO A LACK OR ALLEGED LACK OF
NOTICE OF ANY ACTIONS TAKEN UNDER THE AGREBa3M74-. This provision
shall not supersede any duties Lessee may otherwise have to notify
any mortgage holder of any fact or circumstance under any other
agreement. This provision creates no third party rights except to
the extent stated in Paragraph IX and XI of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment to
the Agreement as of the day and year first above written.
CITY OF DENTON, TEXAS, LESSOR
BY:
BOB CASTLEBERRY, MAYOR
ATTEST:
i
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
CITY OF DENTON, TEXAS
Avionics Lease Agreement - Page 3
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Agenda No,
Agenda Vie
Date
AVIONICS INTERNATIONAL SUPPLY,
INC., LESSEE
Z' lz__
BY: An y J on, President
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
Q hIL 1996 by Andy Johnson.
p%~1t lEOlQJl1.ST
''•hw,►~ APWL 20, 000
NOTARY PUBLIC, S ATE OF TEXAS
My Commission Expires: q -a.0 - 0 0
Avionics Lease Agreement Page 4
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Agenda No.
Apenda Item
Date
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: State Assistance for the Turing of One (1) Juvenile/Domestic Violence
Investigator and Associated Training and Equipment
RECOMMENDATION: That the City of Denton submit an application to the Criminal Justice
Division of the Office of the Governor, State of Texas, requesting funding for one (1) additional
Juvenile/Domestic Violence Investigator and associated training and equipment.
SUMMARY: The Criminal Justice Division of the Office of the Governor maintains a Criminal
Justice Planning (421) Fund from which grants are disbursed to agencies throughout the state for
programs related to crime prevention and law enforcement. One of the areas specifically listed in
eligible programs is the prevention, diversion, and service delivery projects targeting crimes
committed by juveniles. The Department made a request and has received authorization for the
hiring of one (1) additional Juvenile/Domestic Violence Investigator and associated training and
equipment, contingent on the successful completion of the grant application.
BACKGROUNDt Over the last three years, the Department has, on average, assigned 2,816
cases to investigators. Of those, over one-third have involved juveniles, domestic violence, or
child abuse. These cases have been assigned to the Juvenile, Family Violence, or Child Abuse
Investigators, Half of the cases assigned to these three investigators involved juveniles as either
victims or suspects and, therefore, were assigned to the Juvenile Investigator.
In the vast majority of cases involving juvenile offenders, domestic violence, and child -buse, the
incidents that are brought to law enforcement's attention are merely symptoms of a much broader
problem within a family unit. Current staffing does not allow investigators ample time to
thoroughly evaluate individual situations and results in simply shoving people through the court
system when alternative methods might resolve the problem and reduce recidivism. In addition
to using effective referrals to other community agencies, creative programs could be designed
and implemented, working in concert with other agencies in the community and, thereby,
intervening in a way that would resolve the problem without creating more backlog for the
courts.
The behavior of juveniles can frequently be attributed to some adverse situation in the home. By
adding an investigator who is trained in both domestic violence and juvenile issues, the
Department will be better able to evaluate individual incidents to determine if the juvenile's
behavior is, indeed, a result of a dysfunctional, unstable, or violent home. By working with the
current Domestic Violence, Child Abuse, and Juvenile Investigators, the additional investigator
will be able to coordinate these three specializations in an attempt to implement an intervention
V
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Agenda Ho. _
Agenda Ite
Dat
strategy geared toward resolving the problem rather than treating its symptoms. This project
coincides with the Department's philosophy of Community Policing in that it is an attempt to
take a proactive approach through the early identification of at-risk youth and the implementation
of effective intervention strategies, including referral to agencies outside the criminal justice
system.
This request is merely the initial step in the Department's desire to create a Family Services Unit.
In the future, the Department plans to expand this program to include Juvenile, Domestic
Violence, and Child Abuse Investigators and the DARE Unit. This Unit will be supervised by a
sergeant and involve the further integration of crimes related to the family, data and individual
case analysis, increased coordination of external resources, and the creation and implementation
of more effective programs to resolve problems related to the family. The desired result i3 the
provision of a comprehensive response to the needs of families experiencing social difficulties
and the facilitation of more open communication between these related areas of the organization,
thereby providing better opportunities to effectively intervene with children, juveniles, and
families.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Th; officer requested will
provide an additional detective trained in the investigation of crimes involving juveniles and
domestic violence. This investigator will provide much needed manpower to assume part of an
overwhelming caseload, thereby allowing more thorough analysis of individual situations. The
identification and implementation of the most effective response should involve increased
referrals to other community agencies and, therefore, a decreased reliance on the criminal justice
system,
FISCAL IMPACT: The grant period begins September 1, 1996, and equals five years. In the
first year, the grant funds 100% of the officer's salary, benefits, training and travel, and 50% of
all equipment. The funding descends by 20% each year over the remaining four years of the
grant. Estimates for the last four years of the grant include a 5% increase in salary, but no
additional training or equipment. The total cost for the grant period is $284,035, with a local
contribution of $121,491. The cost breakdown for each year is as follows:
ITEM 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR 5TH YEAR
State Contribution S63,118 $ 36,381 $ 30,520 S21,337 $ 11,188
Local Contribution 12,264 12,126 20,346 32,004 44,751
Total 75,382 48,507 50,866 53,341 55,939
RESPECTFULLY SUBMITTED:
en
Ted Benavides
City Manager
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Agenda Ko. _
Prepared by: Agenda lte
Dafe
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Captain
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is aOW * Je
Executive Dire for f bli Safety
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Agenda No.
oate
Agenda 11_erp
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF
THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR
ONE (1) JUVENILE/ DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED
TRAINING AND EQUIPMENT FOR A FAMILY SERVICES UNIT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton is eligible to receive funds from
the Criminal Justice Division of the Office of the Governor, State
of Texas, and desires to increase the effectiveness of the Denton
Police Department's efforts to resolve problems associated with
juvenile crime and family violence; and
WHEREAS, in order to receive such funds, it is necessary for
the Council of the City of Denton to authorize the submission of an
application to the Criminal Justice Division of the office of the
Governor, State of Texas, requesting funding for one (1) juve-
nile/domestic violence investigator and associated training and
equipment to be dedicated to the investigation of criminal offenses
involving juveniles and family violence; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION_Lj_ That the City of Denton, Texas, certifies that it
is eligible to receive a funding allocation from the Criminal
,Justice Division of the office of the Governor, State of Texas# for
one (1) investigator to be used in the investigation of criminal
offenses involving juveniles and family violence and associated
training and equipment;
.SECTION Ii. That the City Counc.11 authorizes and directs the
City Manager, or his designee, to represent and act on behalf of
the city of Denton in applying for and working with the Criminal
Justice Division of the Office of the Governor, State of Texas, in
regard to such grant application.
SECTION TII That the Chief of Police shall forward a copy of
this resolution to the Criminal Justice Division of the Office of
the Governor, State of Texas.
SECTION iy. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
b
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Agenda No.
Agenda Ite
Date
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORK:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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F
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Agenda No. 11
pA~genda item
Date: May ,
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manger
SUBJECT: Consider approval of a resolution authorizing tha City Manager to sign and
submit to the Department of Housing and Urban Development a 1996 Action Plan
for Housing and Community Development with appropriate certifications, as
authorized and required by the Housing and Community Development Act of
1974, as amended; and the National Affordable Housing Act of 1990, as m mended
and providing for an effective date.
RECOMMENDATION:
The Community Development Advisory Committee recommends approval.
SUMMARY*
The resolution will approve submission of the revised 1996 Action Plan to the US Department
of Housing and Urban Development. Denton's Action Plan describes Community Development
activities for the 1996-97 program year.
BACKGROUND:
The 1996 Action Plan was presented to City Council on May 14, 1996. Revisions made to the
plan are based on actual grant allocation amounts and Council directives from the May 14
meeting. Community Development staff was notified of the actual allocation amounts on May 9.
Denton's 1996 CDBG allocation is $1,101,000. The 1996 HOME allocation is $459,000.The
chart below shows estimated and actual 1996 funding available.
Estimated Actual
CDBG $1,054,620.00 $1,101,000.00
HOME $410,000.00 $459,000.00
1995 CDBG Reallocated $143,827.00 $143,827.00
Program Income $28,300.00 $28,300.00
1995 City Reallocated $10,000.00 $10,000.00
Total $1,6469747.00 $19742,127.00
Revisions to the Action Plan include increases in general administration and the Community
Housing Development Organization (CHDO) set aside. The 15% CHDO set aside is required
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Apartdilta
under the HOME program. Additional unexpected CDBG and HOME fund' -
unprogrammed funds. At Council's direction staff has also deleted the $7,500 for road humps on
Ruddell and Morse. These funds are also included in the unprogrammed funds. Changes to the
Action Plan on pages 1, 2 and 3 are in italics. Page 20 is a new page. The road hump project
was deleted from page 16.
Staff will work with the Community Development Advisory Committee and the Human Services
Committee to develop recommendations for the unprogrammed funds and the CHDO set aside.
Staff proposals to the committees will include funding for the Fred Moore Activity Stage. Staff
will also propose using CDBG dollars to fund some human services activities originally
recommended to receive general funds. Before requesting Council approval, CDAC will ask for
public comment on the additional recommendations.
PR. OGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Implementation of the 1996 Action Plan will affect neighborhoods, households and individuals
benefitting from the expenditure of CDBG and/or HOME funding. It will also affect those
organizations who must plan and cant' out projects/programs. Some of those organizations are
listed below.
Program Beneficiaries
Neighborhood Organizations
Social Service Agencies
Owners of Rental Property
Home Owners and Buyers
Denton Affordable Housing Corporation
Fairhaven Retirement Center
Denton Community Development Corporation
Engineering and Transportation Dept
Parks and Recreation Dept
Community Development Office
FISCAL IMPACT:
All activities included in the 1996 Action Plan will be funded through the CDBG and HOME
programs.
Respectfully submitted:
Ted Benavides
City Manager
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a~enaa Na,
Ago ids Item
Date
Prepared by:
Barbara Ross
Community Development Administrator
h Approved:
i
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Frank Robbins, AICP
Director for Planning & Development
Attachments:
Resolution
Action Plan revisions
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C:\1WK0CS\qF$\1996ACTI.1ES
Agenda No. C J
Agenda Item
Date
RESOLUTION NO.
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT A 1996 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOP-
MENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY
THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND
THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is concerned with the
development of viable urban communities, including decent housing,
a suitable living environment and expanded economic opportunities;
and
WHEREAS, the City of Denton, Texas, has a special concern for
persons of low and moderate income; and
WHEREAS, the City of Denton, Texas, as a CDBG entitlement City
and a Home participating jurisdiction, has prepared, through a
citizen participation process, a program for utilizing its
entitlement funds and program income in the approximate amount of
$1,646,747; and
WHEREAS, citizen participation requirements, including the
holding of public hearings, have been met; and
WHEREAS, the Community Development Act of 1974 and the National
Affordable Housing Act of 1990 require an application and appropri-
ate certifications included in the Consolidated Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council of the City of Denton, Texas,
authorizes the City Manager to sign and submit to the Department of
Housing and Urban Development an Action Plan and appropriate
certifications for entitlement funds under the Housing and
Community Development Act of 1974, as amended and the National
Affordable Housing Act of 1990, as amended.
SECTION II. That the City Council of the City of Denton,
Texas, authorizes the Director of Planning and Development to
handle all fiscal and administrative matters related to the
application, the Consolidated Plan and the certifications.
SECTION III, That the City Secretary is hereby authorized to
furnish copies of this resolution to all interested parties.
SECTION IV. That this resolution shall become effective
immediately upon its passage and approval.
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Agenda No,
Agenda Ite
Date
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
r
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: f'
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1996 Action Plan for Housing & Community Development
Agenda
SUMMARY lJe
Agenda IlertY
INTRODUCTION Date
Denton's 1995-2000 Consolidated Plan describes the city's strategies and resources for the next five years
creating a stronger link between the needs in the city, strategies and available resources. Based on the needs
analysis of the City of Denton, the following five year strategies were identified last year and are reaffirmed this
year:
0 Affordable Housing Strategies; Assistance to Renters, Homeowners, First-Time Homebuyers and
Potentially Homeless and Those with Special Needs;
0 Homelessness Strategies: Service Coordination, Permanent Housing, Immediate Shelter, Transitional
Housing, Prevention and Case Management;
0 Human Services Strategies: Development of a Service Coordination Unit, Additional Resources to Areas
Identified as Urgent Need in Needs Assessment, Promote increased Comm unica+ion and Coordination
Among Service and Funding Organizations, and Promote Self-Sufficiency;
i
0 Infrastructure Improvement Strategies: Accessibility for Persons with Dissbil'i,es, Affecting Health
and Safety of Neighborhoods and Human Service Facilities;
0 Economic Development Strategy: Development of a Community Development Corporation.
In accordance with 24 CFR Part 91.220 of Title I of the Housing and Community Development Act of 1974, as
amended, the City of Denton is required to submit a One-Year Action Plan. This plan outlines the activities that
will be funded using Community Development Block Grant and HOME Partnership Investment Program funds
from the U.S. Department of Housing and Urban Development.
19% FUNDING SUMMARY
The City of Denton is currently an entitlement city for the Community Development Block Grant (CDBG) and
HOME Partnership Investment Programs. The City ofDenton's 1996 allocation for CDBG Is 81,144,817 and
for HOME is 5459,000 from the U S. Department of Housing and Urban Development. A total of $28,300 has
been anticipated asprogram income for 1996. SF-424 applications for Community Development Block Grant
and the HOME Partnership Investment Program funds are included in Appendix A page 32. The HOME
program also requires a local match.
In 1995, $10,000 in CDBG funds was allocated to the Denton Public Library - Project R.E.A.L, for a one-to-one
literacy tutoring program. The library received federal funds from the U.S. Department of Education to continue
the literacy program. Funds were allocated to another project/activity by council this year, A total of510,6061n
unprogrammed funds are also available from previous CDBG grant}ears.
The 1996 Action Plan has allocated a total of $1, 676,497 in CDBG and HOME funds. A revised Action Plan
will submitted as soon as possible to allocated the unprogrommedfunds of $76,236
LOCAL MATCH
The City of Denton's local match for the HOME program is 598,175. The HOME program requires a
participating jurisdiction to provide a 25:o match of the federal HOME funds. The 25% match of federal HOME
funds excluded administrative allowances of 10°/n, and CHDO set aside of 5% The City of Denton will provide
the match from a variety of sources. A cash match will be provided by the Denton County Housing Finance
Corporation. Other forms of match include property donations and fee waivers.
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1996 Action Plan for Housing & Community Development Q r I Amon&a Nn Agenda I>QM
CITIZEN PARTICIPATION Oata l'
To ensure citizen participation in the 1996 Action Plan process, the city followed its Citizen Participation Plan.
Two public hearings were held on December 5 and 11, 1996. The public hearings updated citizens on the status
of current programs and activities and determined how the citizens felt the 1996 funds should be spent. One of
the public hearings was held within a low and moderate income neighborhood and the other was during a city
council meeting, which are locally televised. See Appendix B on page 36 for minutes of both public hearings.
Flyers for the public hearings were developed in English and Spanish and mailed out to neighborhood
associations; service agencies and recipients; city council, Human Services Committee (HSC) and Community
Development Advisory Committee (CDAC) members; churches; contractors; participating lenders; citizens who
attended previous public hearings; and interested citizens. Notices were also sent to the local media and posted
in recreation centers, library, senior center and city buildings. Notices were also placed on the Community
Bulletin Board - local cable station, the city's government channel and in the Denton Record Chronicle.
A citizen funding survey was also developed to determine how the funds should be allocated. The survey asked
the citizens to check those community development activities they felt were important and should be funded.
The survey was made available at both public hearings and was in English and Spanish. See Appendix C on
page 40 for results of the Citizen Funding Survey.
After the Action Plan was drafted, advertisement were placed in the Denton Record Chronicle summarizing the
plan and announcing to the public where the Action Plan was available for review, and the process for submitting
comments to the City of Denton. Notices were also placed on the Community Bulletin Board - local cable
station and the city's government channel. All comments received from the public were addressed before
submitting the plan to the U.S. Department of Housing and Urban Development.
FUNDING SOURCES
U.S. Department of Housing and Urban Development
CPD Consolidated Plan
Entitlement Grant (includes reallocated funds) S 1,703,827
Unprogrammed Prior Year's Income not previously reported $ 0
Surplus Funds (Prior Year Unprogrammed Funds - Previous Years) $ 20,606
Return of Grant Funds $ 0
'total Estimated Program Income from detail below$ 28,300
Total Funding Sources: S 1,752,733
Estimated Program Income
Description Grantee Subrecipient
1. CDBG HR Loan Repayments $ 19,000 0
2. HOME HR Loan Repayments $ 3,300 0
3. Rental Loan Repayments $ 6,000 0
Total Estimated Program Income $28,300 s0
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1996 Action Plan for Housing & Community Developmen: Agenda No. C
AgOl
flats
1996 PROJEC'T'S/ACTIVITIES
CDBG AND HOME FUNDS
The City of Denton's total funding for 1996 is $1,752,733. 1996 funds have been allocated to an array of projects
and activities to benefit low and moderate income households. Each project is described in detail from pages 4
to 20 and are arranged by project number. See the following list of CDBG and HOME proposed projects and
activities for their assigned project number:
Project # Prgiect/Activity Amount
9 AIDS Services of Denton County (Nutrition Center) 10,000
27 Camp Summit (Summer Camp Program) 3,000
1 Community Development Administration 293,900
13 Denton County MHMR (Respite Services) 14,753
8 Denton Affordable Housing Corp. - Operating Costs 20,000
10 Denton Affordable Housing Corp. - Mockingbird Ln. Project 45,500
31 Community Housing Development Organization - Project Setaside 23,350
4 Denton Community Development Corporation 30,000
19 Emergency Repair Program 36,000
7 Fairhaven Retirement Home Rental Subsidies 12,000
5 Fred Moore Day Nursery Renovations 13,000
3 Homebuyers Assistance Program 125,000
2 Homeowner Rehabilitation Program 370,300
11 HOPE, Inc. (Transitional Housing) 25,000
20 Uland & Banner Street Repave 53,470
22 Lakey Street Repave and Drainage 53,349
14 North Texas Community Clinics (Prenatal Clinic) 35,000
28 North Texas Education & Training 23,682
6 Optional Reconstruction Program 260,000
29 Parks & Recreation Dept. (Alternative Avenues) 5,754
15 Parks & Recreation Dept. (King's Kids Day Camp) 20,000
16 Parks & Recreation Dept. (Owsley Summer Program) 16,811
l8 Rental Rehabilitation Program 50,000
21 Sequoia Park Sidewalk Repair 40,000
24 South Central Denton Sidewalk Program 20,000
30 SPAN (Fairhaven Homemaker Services) 11,000
26 SPAN Lift-Equipped Vehicles 18,528
25 Stroud & Pierce Repaving 37,100
17 T" C.A.R.E.S. Health Center 10,000
TOTAL CDBG, NOME & PRIOR YEAR FUNDS ALLOCATED 1,676,497
1996 UNPROGRAMMED FUNDS 76,236
TOTAL 1996 FUNDING 1,752,733
Page 3
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U.S. Department of Housing and Urban Development
CPD Consolidated Plan - 1996 Action Plan
Listing of Proposed Projects
Project 1D/ Project Title / Activity Code / Proposed
Local Code Description Title / Citation Funding Sources Accomplishments
24 SOUTH CENTRAL SIDEWALK PROGRAM 03L CDBG S 2,000 6,516 People (General)
HOME S 0
CDC1 This project consists of installing 4' sidewalks to connect up Sidewalks I ESG S 0
existing walks in South Central Denton. Project is specifically 570.201(c) HOPWA $ 0
to repair, add connector sidewalks, and to generally complete SUBTOTAL: $ 20,000
the sidewalk system in that area. Project will be completed by PHA funding $ 0
the Engineering Department. Assisted HsR $ 0
TOTAL: $ 20,000
Prior Year Money: NO
Help prevent homelessness? NO
Help the homeless? NO
Help those with HIV or AIDS? NO
CDBG National Objective Citation: 570.208(axl) - LOWIMOD AREA BENEFIT
Subrecipient: None
Location(s): ADDRESS - South Central, Denton, TX
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