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CITY COUNCIL AGENDA PACKET
August 20, 1996
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AGENDA Agenda No,
CITY OF DENTON CITY COUNCIL Agenda Ilem~
August 20, 1996 Da1e"" .«o
Closed Mooting of the City of Denton City Council on Tuesday,
August 20, 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. GOVIT CODE Sec. 551.071
1. Consider and discuss possible settlement of City of
Denton y. Karvquniaris,
2. Consult with attorney regarding status and
strategies of BAS/ beg and Rarnes v City and
consider mediation or settlement.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
Regular Session of the City of Denton City Council on Tuesday,
August 20, 1996 at 7:00 p.m, in the city 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. Te%:as Flag
"donor the Texas Flag - I pledge allegiance to thee,
Texs.-E, one and indivisible."
2, Consider approval of the minutes of July 9, 12, and 16, 1996.
3. Citizen Reports
A. Receive a citizen report from Joe Dodd regarding, illegal
closed meetings regarding the Dell Deal.
B. Receive a citizen report from Jerry C. Drake regarding
concerns for the new economic development district in
north Denton,
C. Receive a citizen report from Chris Coil regarding
concerns for the new economic development district in
north Denton.
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City of Denton City Council Agenda
August 20, 1996
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D. Receive a citizen report from Mark Atkins regarding
concerns for the new economic development district in
north Denton.
F. Receive a citizen report from Phyllis Atkins regarding
concerns for the new economic development district in
north Denton.
F. Receive a citizen report from Eric Pcsa regarding
concerns for the new economic development district in
north Denton.
G. Receive a citizen report from Mark Davis regarding
concerns for the new economic development district in
north Denton.
H. Receive a citizen report from Chuck Norton regarding
concerns for the new economic development district in
north Denton.
4. Public HearinSs
A. Hold a p!iblic hearing and consider adoption of an
ordinance to rezone Lots 6-9, Block A, of the Willowwood
Addition from the Multi-Family 2 (MF-2) zoning district
to the Single Family 7 (SF-7) zoning district on property
located on the west side of Golf Court, north of
Willowwood. (The Planning and zoning commission
recommends approval 7-0.)
B. Hold a public hearing and consider adoption of an
ordinance to rezone .82 acres from the General Retail
(GR) zoning district to the commercial conditioned,
(C(c)) zoning district. The tract is located on the
south side of University Drive, approximately 135 feet
east of Primrose and is known as 1815 W. University
Drive. (The Planning and Zoning Commission recommends
approval 7-0.)
C. Hold a public hearing with regard to the proposed
annexation of a 29.115 acre tract located north of Blagg
Road and east of Geesling Road and give staff directions.
(A-73)
D. Hold a public hearing with regard to the annexation of a
96.78 acre tract located north of Mingo Road and west of
Cooper Creek Road and give staff direction. (A-72)
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City of Denton City Council Agenda
August 20, 1996
Page 3
5. Variances
A. Consider exaction variances of the following sections of
the Code of Ordinances of the City of Denton, for Lots 6-
12, Block A, Hickory Creek Estates. The subject property
is in the Agricultural (A) zoning district and is located
on the northwest corner of the intersection of Jim
Christal Road and Egan Road. Variances include Section
34-114(5) providing for perimeter street paving, Section
34-114 (17) providing for sidewalks, Section 34-116 (c)
requiring fire hydrants, and Section 34-116 (e) requiring
adequate water capacity for fire protection. (The
Planning and Zoning commission recommends approval of all
of the requested variances 7-0.)
6. 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 7.A,
7.B1 7.C). This listing is provided on the Consent Agenda to allow
Council Members to discuss or withdraw an item prior to approval of
the Consent Agenda. A citizen may not speak or fill out a "request
to speak" form on an item on the consent Agenda unless the item is
removed from the Consent Agenda. The speaker shall be allowed to
speak and the item shall then be considered before approval of the
Consent Agenda,
A. Bids and Purchase Orders:
1. Bid 11777 - Health Insurance and Actuarial
Consulting Services - 2nd year renewal
2. Bid 11924 - Analytical Testing
3. Bid 11926 - Jim Christal Electric Substation
Package
4. RFSP 11925 - Automated Metering Pilot System
5. Bid 11929 - Cooling Tower Renovation
7. Consent Agenda Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid 11777,
5.A.2. - Bid 11924, 5.A.5. - Did 11929)
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B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (5.A.3. - Bid 11926)
' C. Consider adoption of an ordinance accepting sealed
proposals and awarding a contract for purchase of
materials, equipment, supplies nr services. (5.A.4. -
RFSP 11925)
8. Ordinances
A. Consider adoption of an ordinance authorizing the City
Manager to execute a contract for professional legal
services between the City of Denton and Lloyd,',osselink,
Fowler, Blevins & Mathews, P.C., a Texas corporation.
9. Resolutions
A. Consider approval of a resolution allowing Habitat for
Humanity of Denton to sell items in Civic Center Park on
September 28, 1996.
B. Consider approval of a resolution authorizing the City
Manager to execute Amendment No. 1 to the pubic
transportation contract with the Texas Department of
Transportation for funding public transportation.
C. Consider approval of a resolution supporting the City of
Denton remaining in the 817 area code.
10. Consider nominations/appointments to the City's Boards and
commissions.
11. Receive and consider information on the 1996-97 fiscal year
budget and give staff direction.
12. Consider a request to allow the Mayor to submit to the Public
Utilities Commission the City's need to remain within the 817
area code.
13. Vision Update
14. Miscellaneous matters from the City Manager.
15. Official Action on Closed Meeting itemsi
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
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City of Denton City Council Agenda
August 20, 1996
Page 5
16. New Business
This item provides a section for Council Members to suggest
items for future agendas.
17. Possible Continuation of Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of , 1996 at o'clock (a.m.)
(P.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
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MINUTES
CITY OF DENTON CITY COUNCIL ,
July 9, 1996
A Closed meeting of the City of Denton City Council was held on
Tuesday, July 9, 1996 at 5:45 p.m. in the Civic Defense Room of
City Hall, 215 E. McKinney, Denton, Texas at which the following
items were considered:
1. 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
Work Session of the City of Denton City Council on Tuesday, July 9,
1996, at 7:00 p.m. in the City Council Chambers of City Hall, 215
E. McKinney, Denton, Texas at which the following itemta were
considered:
1. Received and discussed a recommendation and gave staff
direction to combine the Juvenile Diversionary Services of Denton
and the Juvenile Crime Interagency Coalition.
Harlan Jefferson reported that in 1993 Council created the Juvenile
Diversionary Task Force. It was designed to study juvenile issues
within the city limits of Denton. In 1994, three (3)
recommendations were made by the group and approved by the Council.
The first was to provide counselling for juveniles and their
families. Secondly, they recommended the creation of the Teen
Court. Thirdly, they recommended the creation of the Juvenile
Interagency Coalition. The Juvenile Interagency Coalition was to
provide a comprehensive response to juvenile issues, monitor
juvenile issues throughout the year and make annual reports.
Jefferson said they not only met the recommendations of the task
force but exceeded them. He cited as examples that the Teen Court
began in October of 1995, and through May of 1996 they prosecuted
62 defendants. More than 1600 community service hours, valued at
more than $7,600 were assigned. The Teen Court also accepted the
responsibility for providing counselling to the community in the
form of a contracts and bonus grants. They began operating a
program with the help of the Boys and Girls Club to provide after
school educational and recreational activities located at the Fred
Moore Learning Center. The Juvenile Interagency Coalition applied
for two grants over the last year. One was a Title V delinquency
and intervention grant valued at more than $ 81,000 the first year
and $243,000 over a three year period. The contract and bonus
grant had a value of approximately $27,000 the first year and a
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July 9, 1996
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total of $156,000 over a five year period. He recommended
combining the two groups because they create an environment of
overlapping responsibility. He thought it would be a much better
environment to actually combine the two groups. They ran into
problems when applying for grants since the Coalition was not
incorporated and did not have a separate 501(c)3. They had to use
other organizations as a go between. The chairperson of the
Coalition, Margaret Smith, supported the recommendation as well as
the Coalition members. Jefferson said the steps to combine the
groups would require council approval of a resolution eliminating
or dissolving the coalition. Secondly, the Juvenile Diversionary
Services of Dentca would need to amend it's by-laws to incorporate
the Council's goals and objectives contained in the resolution.
They would expand from an 8 member board to a 23 member board.
That was consistent with the current structure of the coalition.
They would also make the annual report to the Council consistent
with what was required by the current resolution creating the
coalition. At least two members would be juveniles.
Mayor Pro Tem Brock asked if the proposed structure would make it
easier for the group to get grants.
Jefferson said that was true. He further explained that one of the
hurdles they dealt with was when they applied for grants with the
Coalition, which was basically a city organization. Firms would
sa the had all the incorporated they had a s difficult etime applying for grants. not
Council Member Young asked how the Police chief felt about
combining the groups.
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Jeff rson
rec someeof his offs er s wereuon the pCoali ion aso elldas on.the Board..
Mayor Miller confirmed the recommendation which was to prepare a
resolution to o unCoalition
services hi
would be combined into the Juvenilp Diversionary of
Denton.
Jefferson said Staff could bring the resolution to Council at the
next join as meetin. They wculd invite all of the
Members the Juvenile Diversionary Coalition to
There was consensus among the Council to accept the recommendation.
Mayor Miller commented that they had come a long way in the last
couple on years. He appreciated both groups and looked forward to
seeing the one group. He hoped it would increase their ability to
work with the juveniles and to also increase ability to get
additional funding.
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2. The Council received a report, held a discussion and gave
staff direction regarding a recommendation on bond projects from
the oversight Committee.
Rick Svehla said the 91 Committee made their final report less than
one year ago and staff was now bringing recommendations from the
f new Oversight Committee on bond projects. A list of projects was
provided to Council and Svehla said the first ten items, for the
i most part, used remaining money left over from projects in 1986 or
projects where interest money from 1986 bonds was allocated. There
were a couple of instances where the Committee recommended using
the new bond money. In the last paragraph there were
recommendations from the committee to use flexible funding
categories (signals, turn lanes, parks, miscellaneous drainage
projects, and street reconstruction). Four members of the
Oversight met on June 25, 1996, and unanimously supported the
recommendation. Svehla pointed out that a couple of the
recommendations had previously been approved by the Council. Those
included contract for the drainage consultants to be used for the
I~ Robertson and Kerley Street culverts and also the drainage study on
the second lake at South Lakes. Chairman Mulroy also visited with
E Brent Thorton who agreed with the recommendation.
Mayor Miller asked how many members there were.
Svehla reolied seven. Six of the Seven member sere contacted and
concurred with the recommendation.
Brock referred to the item on Congestion Mitigation. She asked if
reappropriating $24,000 from the Shady Oaks/Woodrow signal to the
Eagle/Bernard signal would mean there would not be a signal there.
Svehla replied the signal was already there. They were able to
build it for less so there was money left over. He said the
Committee also recommended reprogramming a like amount, $22,000 for
the replacement of other controllers in the progression system on
Carroll and University.
Brock referred to the $240,000 of a miscellaneous street rebuilding
for Panhandle and Egan Streets. She said the CIP funding was used
as a bridging mechanism to fund rehabilitating those streets and
asked if that meant they were simply being brought forward on the
schedule.
Svehla said every year staff sent Council a list of maintenance
projects to be completed in the year. Last year staff presented
the list for the current fiscal year, which would end in September.
Projects were completed faster than staff thought due to the lack
of rain in the winter and spring. Staff was able to finish the
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street projects, the water and sewer contractors relaying and
replacing lines in the area were also able to finish. Svehla
thought they would have another two to three months before they
completed the projects so when October 1 hit they would use the
normal operating fund to do the work. Svehla suggested that staff
be able to use the CIP money, not operating money. He refereed to
the flexible program of the CIP for street construction. A certain
amount of money would be issued and held for the year in case
there were economic development projects. He said it was close
enough to October and there were no economic projects on the
horizon where infrastructure money would be needed for streets.
They would not have to use the operating funds because Council
would have already allocated the CIP money. The operating money
could sit there until the next year's bonds were issued. He said
it was just a bridging mechanism to get through to October 1.
Council Member Young asked Svehla to explain the project for
Pecan Creek and Robertson and the possibilities.
Svehla responded that the contract had already been approved by the
Council. Staff was hiring consultants to design the two bridges
that were being replaced on Kerley and on Robertson (east side of
the railroad tracks through the underpass and across Bell Avenue.
The original project was only around the railroad crossing buy for
a small amount of money, $2,000 they were able to get the design
all the way across Bell. Utilities also looked at rebuilding a
large water line. He said staff may be able to save money by
coordinating with the Utility department.
Young also asked if it was in the plan to concrete Willow Creek.
Svehla replied yes. He said the Kerley Street project was not just
a culvert but also some channel work.
Cott said it was his belief that if you had excess CIP and excess
operating then you over budgeted.
Svehla commented that they were not really excess funds.
Precedence wise Council had done this since 1986. Based on that
information, the oversight committee assumed that was the direction
they should go. He said the money could be used to repay bonds but
there was already an established schedule to do that.
Cott said at some point he would rather come closer to reality when
it comes to budgeting. He said Council over budgeted.
Biles asked if street repair/maintenance funds to repair utility
work.
Svehla said the utility department pays for those repairs.
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July 9, 1996 City council minutes
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Young asked where staff was on the Scott Street connection to
Newton.
Svehla said it was on the list of streets the oversight committee
would look at and make a recommendation on.
Young asked what needed to be done to get the oversight committee
to look at it. He said it was a top priority and thought there was
money in the CIP contingency fund to pay for purchase of the right
of way.
Svehla said that could be included in the cost. He further
commented that staff built the signals themselves fox less money.
Biles said those kinds of measures were appreciated Miller said Council was spending dollars i996 that theoretically
were going to be spent by 2991. The reason was that previous
bondsCounciwithouto the voters tl's
ass and sell
increasing the taxatotservi a he debt.
Beasley served on the bond committee and oversight committee and
commented the staff did an excellent job in finding the money and
showing them how they could use the money to better the city, she
suggested that Council take the recommendation of the oversight
committee and proceed with the projects.
Miller asked about the timing in the Flow Hospital area, Panhandle
and Egan project.
Svehla said they were already on Egan and with Council's approval
they would be able to proceed. If not they would have to wait
until October.
Young agreed but asked that Svehla take back to the committee that
ite nottonlycontthetlistobutaonathepboard. ty. He said he wanted
oard
3. Received a report, held a discussion and gave staff direction
concerning awarding a bid for the City's group health insurance
coverage for the plan year beginning January 10 1997.
This item was pulled from the agenda by the city manager to allow
staff further time to study and research. H9 reported that the
item would come before the Council in two weeks.
4. Received a report and gave staff direction regarding the
city's pilot curbside newspaper collection program.
Howard Martin said in January of 1996 Council approved a
demonstration project for the curbside collection of newspapers.
City of Denton city Council Minutes
July 9, 1996
Page 6
Collection began on February 21. They have been collecting
newspapers on two routes. Martin recommended discontinuing the
pilot program. He said the two routes included about 21500 homes.
Collection of newspapers was implemented on the first and third
Wednesdays of each month. Over the last four months about 50 tons
of newspapers were collected. The participation was about 15$ and
the program cost was a
overall tonnage for newspapers pproximately $28,000. Martin said the
centralized dro for the collection program and
no incrn p off centers had remained stable. There hid been
ase as a result the curbside ram. dro
centers functioned well and the people whoo recycledh newspapers
enjoyed the service. Martin said staff made several conclusions
from the research data. They expected a higher participation rate.
When staff budgeted for the program for 1996 they looked at
recycling their newspaper prices in excess of $100 per ton. The
materials market for newspaper had
had budgeted almost $150,000 in revegone to next to .
nues based on 1 500 nothintgons Tof
newspapers collected at a price of $100 per ton. He said the
newspapers fell way below that. If they continued to cc'lect
newspapers curbside they would continue to loose money.
Young asked if they discontinued the program would the $1 on the
utility bill also be discontinued.
Martin said about $.75 of that dollar was identified for the
curbside program or about $146,000. To date they had only used
$26,000. On the revenue side of the picture they were looki.ig at
$152,000 in revenue from the newspapers. What they had received
was $18,700 in revenue which equates to a $130,000 shortfall. The
$118,000 in unexpended funds would not cover the shortfall in
revenues.
Young asked if the collection drop off points would stay in place.
Martin responded yes.
Young said they had been successful and asked if they thought about
increasing the number of drop off points.
Martin thought the most effective way to collect the materials for
the community was to improve on the convenience of the drop off
centers. He said they were looking at establishing 3 centers for
multi-materials.
Mayor Pro Tem Brock asked if there were containers for people to
put materials in. She asked if there were specific instructions.
Martin said before starting the program they had rod
meetings and also left door hangers with instructio se onh how oto
bundle the papers. They were asked to put the papers in paper
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grocery bags.
Brock made several points as a result of telephones calls she
received prior to the meeting. One person felt the effort was
effective for people who already recycled. She felt there had not
been sufficient communication. Brock felt there were larger issues
than the dollars and cents. She wanted to know the cost for a year
of landfill use.
Martin said the landfill budget was right at $1,000,000. The cubic
yard price was about $7.
Brock said newspapers that were not recycled were going in the
landfill and they would be spending an enormous amount to purchase
land to expand the landfill. By keeping more newspapers out of the
landfill the life would be expended.
Martin said when they developed the master plan there goal was a
50% waste diversion rate over a 20 year period. He said if they
were able to accomplish that as a community they would save
approximately 20 years on the proposed landfill site.
Krueger said if his neighborhood had been chosen for the pilot
program, he would have used the service. After the program ended
he said he would continue to recycle.
Brock, said there were dollars and cents issues beyond the pilot
project.
Krueger said the same people who used the curbside program were
probably the same people using the drop off centers.
Martin. said people would continue to save their papers; it just
would not be quite as convenient.
Biles said he also received calls. He did not feel the door
hangers were sufficient to get the message out. He suggested that
anytime staff engaged in a prospective endeavor like that they
needed to enhance the communication effort. They also needed to do
reminders. He wanted to know what further alternatives there were
in expanding the drop off sites. It was a prudent decision to
discontinue the curbside because the dollars would not be self
sufficient even if they factored in the lifetime of the landfill.
Biles suggested that staff take a look at enhancing the fall back
position.
Martin responded that the outcome of collecting 52 tons at $7 per
cubic yard would only be about $900 to $1,000 worth of landfill
space. He also said they should have done a better job with
communicating. He said if you did not collect every week, people
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had a hard time remembering.
Beasley said in the conclusion of the study staff mentioned as
intermediate processing ceii-cer being moved back to 1998. She asked
if that included newspaper.
Martin said the intermediate center was geared. to be a multi-
material separation center. That was an outcome of the Solid Waste
Master plan committee recommendations. It was originally scheduled
for design the current year with construction next year but that
has been delayed.
Beasley wondered if a significant amount of recycling could be done
without going to mandatory recycling. She was not ready to go to
mandatory recycling and asked if the city currently generated
enough recyclables to need a processing center.
Martin said they looked at that issue as a committee and felt that
by the year 1998 if they were to be in the neighborhood of 30 - 50
percent participation they would be able to start. an intermediate
processing center. There would be approximately 40 tons per day of
recycled material at that point.
Beasley asked that staff continue to look at the effects on the
landfill and at some time in the future mandatory recycling might
be necessary.
Martin said wher, they got into the budget discussions on the solid
waste side in particular they would cone with a budget continuing
the recycling efforts. They were looking at the benefits derived
from public private partnerships. There was interest from various
private entities and the PUB had given staff direction to put
together a program that made sense for the Denton community in
partnership with the private entities.
Young said the study was successful and staff learned a lot. He
said it would be a lot better when private enterprise built a
center close. That would make it a lot easier to implement a
program like that. The study put recycling on the minds of the
citizens of Denton by increasing the number of drop off points.
Miller said the yard waste program did more for diversion from the
landfill.
Martin said the separate yard waste collection was the most
meaningful program you could do on the residential side. It
diverted more waste than any other single program.
Miller said that 75$ of what went into the landfill came from
commercial and 25 % or less came from residential. The work the
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City of Denton City Council Minutes
July 9, 1996
Page 9
city could did with the commercial and industrial customer would
have a much greater impact on the landfill.
Martin agreed and said in the budget they focused a majority of
their efforts on the commercial side.
Miller was surprised at the 15% participation rate. He asked if
there was any idea of the kind of participation in neighborhoods
where there was no curbside pickup.
Martin said they spent; a lot of time benchmarking the solid waste
program against other communities and those with curbside. The
average participation rates around 30% - 35$.
The Council concurred with staff's recommendation.
Biles asked that staff increase the number of sites and
communication about drop off sites.
5. Received a report, held a discussion, and gave staff direction
regarding the purchase of public officials' liability insurance.
Max Blackburn, Risk Manager, said in 1992 Council asked staff to
purchase public official's liability insurance. He said for four
years the premiums remained constant at $32,240 per year.
Unfortunately premiums went up about $13,000. Blackburn noted
reasons for the increase. Part of the reason was the 4 claims
filed with the insurance company. Also in the recommendation
Blackburi suggested that Council buy a choice of counsel.
Biles concurred with the recommendation.
Young also concurred with the recommendation.
Krueger asked when the present policy expired.
Blackburn responded July 17. He said if the Council concurred it
would be placed on the next consent agen,ia.
Cott asked if the policy covered the council.
Blackburn said it covered employees, the Council, and all of the
boards except airport and public utility. It would also cover the
economic development committee.
Cott said if the city would not carry any insurance at all where
would the break even point be for the city.
Blackburn responded that over the past four years the city paid in
more premiums that wP had gotten back because of the $25,000
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City of Denton City Council r:inutes
July 9, 1996
Page 10
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deductible. He further commented that there had not been any
severe cases, only 3 employment litigations and 1 zoning.
Cott asked what was staff's recommendation.
Blackburn recommended that the city purchase public official's
liability insurance with choice of counsel.
Miller asked if the airport board and the others were included in
other policies.
Blackburn responded no but the city was self insured.
Biles clarified that the city did have the indemnification
ordinance that would address the issue.
Council concurred with the recommendation.
The Council convened into a Special Called Meeting at which the
following items were considered:
1. Consider approval of a resolution appointing David Garcia, Kim
Cawley, and Earlean Murphy as Assistant City Judges for the City of
Denton Court Municipal of Record; authorizing the Mayor to execute
contracts for their terms of office.
Council considered approval of the following resolution:
R96-154
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING
DAVID GARCIA, KIM CAWLEY, AND EARLEAN MURPHY AS ASSISTANT
CITY JUDGES FOR THE CITY OF DENTON MUNICIPAL COURT OF
RECORD; AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR
THEIR TERMS OF OFFICE.
Beasley motioned, Brock seconded for approval of the resolution.
On roll vote Cott, aye; Brock, aye; Beasley, aye; Miller, aye;
Biles, aye; Young, aye; Krueger, aye. Motion passed unanimously.
2. Council considered nominations/appointments to the City~s
Boards and Commissions.
Joe Dodd, 1107 Greenlee, addressed the Council. He said he was in
the rears on his taxes. The charter said you must not be in a
rears to the City. Those rules bound the Council and boards and
commissions. Dodd said three Council Members were involved in
7
City of Denton City Council Minutes
July 9, 1996
Page 11
changing those rules. At that meeting there was also a discussion
about Council Members saying tacky things about nominees in open
session. The solution was to go with a lottery and draw names for
who would make appointments to which boards. Dodd said it was
lovely at the time but council changed and some people inherited
loosing positions in the lottery. The new solution appeared to be
that every one got one pick if the law allowed it. He felt that
was wrong. The idea was to nominate the best person for the
committee and it was voted on by the Council.
See attachment A for nominations/appointments.
3. Considered and approved an ordinance amending Section 2-62
"Conflict of Interest" of the Code of Ordinances of the City of
Denton to provide that no member of a board or commission of the
city that exercised any sovereign function of government
independent of the control of the city council shall be financially
interested in certain transactions with the city; amending Section
2-83 "General Rules" of the Code of Ordinances of the City of
Denton to define personal interest as a financial interest;
providing for a definition of financial interest; providing a
savings clause; listing boards which have sovereign municipal
functions.
Herb Prouty, City Attorney, explained that the ordinance was much
broader than the city charter. It had a test for determining
whether a board was discretionary and whether it's members were
officers which was different than that set down by the supreme
court or the state. The ordinance substituted for the test of a
board having final decision making authority. The new test and the
Aldens Independent School District Test of a board which exercised
any sovereign function of municipal government independent of the
control o: the City Council. Secondly, the ordinance defined for
the first time what was meant by financial interest. The same
definition was adopted in the ordinance that was set forth in
Section 177.002 of the local government code which defined public
officials conflict of interest as the substantial interest in a
business entity test. That test was very specific as to what type
of financial interest triggered conflict provisions. He said they
listed boards and commissions which had traditionally been defined
as exercising independent sovereign municipal functions. Prouty
briefly discussed changes in the ordinance since Council received
their backup material for the meeting. On the last paragraph of
the bottom of the last page, independent municipal sovereign
functions was substituted for the phrase financial decision making
authority. The traditional boards that they felt were
discretionary boards were also re-examined. After looking at it
again it was decided that the Historic Landmark Commission was not
a discretionary board because even though it exercised some quasi
judicial powers there was an appeal to the City Council in those
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City of Denton City Council Minutes
July 9, 1996
Page 12
cases. That left seven boards on the list.
Joe Dodd addressed the council. He said the constitution of the
United States had nothing to do with him.
rules about how government reacts, what governmThe constitution ent could do to him~.~
j The city charter was not a set of rules that had very much to do
with him but was a set of rules to be used to govern him. He said
it was the least offensive weaseling around the charter he had seen
in years. He also suggested that Council take the o
go back and revisit other things that were wrong with ptheucharter
and simply pass an ordinance
and saying "in the case of governing
Denton these words mean" then words when it applied to what the charter u ouldnor couldinotndo.
He said the charter was old, it put limits on Council that gave
them real headaches in running the city efficiently. He said they
could not just go around it for their benefit. He advised the
Council to come up with rules they thought were good fair,
efficient and submit them to the public and see if they would allow
Council to operate under those sets of rules. He said not to set
the committees up so that everyone got one shot, and do not weasel
around the charter. The biggest thing wrong with going around the
charter on that or any other issue was that those rules governed
councilOs behavior and if they found ways around it why should he
respect the rules of how he should have to behave.
Prouty stressed that the charter was not being amended. He said
one of the prime reasons for the amendment was that it was worked
more broadly than the charter. He said there was not definition of
financial interest in the charter and that had been a
because they had to look at it on a case by case basis. Therebwas
one definition of financial interest in state law. It was a very
specific definition, the substantial financial interest in a
business entity test in section 171 of the Local Government Code.
Prouty said it was questionable whether a court would say that also
applied to the city charter.
Young motioned, Krueger second to approve the amended ordinance.
ORDINANCE 96-028
AN ORDINANCE AMENDING SECTION 2-62 "CONFLICT OF INTEREST"
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO
PROVIDE THAT NO MEMBER OF A BOARD OR COMMISSION OF THE
CITY THAT EXERCISES ANY SOVEREIGN FUNCTION OF GOVERNMENT
INDEPENDENT OF THE CONTROL OF THE CITY COUNCIL SHALL BE
FINANCIALLY INTERESTED III CERTAIN TRANSACTIONS WITH THE
CITY; AMENDING SECTION 2-83 "GENERAL RULES" OF THE CODE
OF ORDINANCES OF THE CITY OF DENTON TO DEFINE PERSONAL
INTEREST AS A FINANCIAL INTEREST; PROVIDING FOR A
DEFINITION OF FINANCIAL INTEREST; PROVIDING A SAVINGS
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City of Denton City Council Minutes
July 9, 1996
Page 13
CLAUSE; LISTING BOARDS WHICH HAVE SOVEREIGN MUNICIPAL
FUNCTIONS.
On roll vote, Cott, aye; Brock, aye; Beasley, aye; Miller, aye;
Biles, aye; Young, aye; and Krueger, aye. Motion passed
unanimously.
With no further business the meeting was adjourned.
j Veronica S. Rolen Jack Miller
Deputy City Secretary Mayor
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ATTACHMENT I
Agenda %.-9G -o n
Agenda Item &J ~
BOARD/COMMISSION NOMINATIONS Date__ 7-/
1996-97
AIRPORT ADVI80RY BOARD
Dist CURRENT MEMBER NOMINATION IE~4 COUNCIL
*7 John Dulemba Terry Garland 1994-96 Miller
*3 Don Smith Ann Houston 1994-96 Bites
*4 James Jamieson James Jamieson 1994-96 Cott
*5 Jim Risser Jim Risser 1994-96 Beasley
~Z1~AL SHELTER ADVia0gy BOARD
LZL~T CURRENT M.MRRR NOMINATION
TEBb COUNCIL
*2 Joella Orr Joella Orr 1994-96 Krueger
$QARD OF ADJUBD =
D= CURRENT FMAg NOMINATION ~,j~ COUNCIL
*5 Rebecca King Rebecca King 1994-96 Beasley
3 Bob Hagemann Greg Muirhead 1994-96 Biles
*4 Joe Bendzick Joe Bendzick 1994-96 Cott
*2 Larry Collister Larry Collister 1994-96 Krueger
8[JILDINO COD! BOARD
DIST TRENT MFMHFR XMINATION TYAM COUNCIj~
*3 James Fykes (ALT) Bob Hagemann 1994-96 Biles
*4 Byron Woods (ALT) Byron Woods 1994-96 Cott
*5 Steve Kniatt Steve Kniatt 1994-96 Beasley
*6 (Mary McCain) Mary McCain 1994-96 Brock
(Architect)
*7 Greg Muirhead Ken Dobias 1994-96 Miller
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
MENEENEw-
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Agenda No. fir. c~
Agenda Item l-4-f
CABLE TV ADVISORY BOARD Date
DIST CURRENT MEMBER NOMINATIONS COUNCIL
*5 Mark Burroughs Mark Burroughs 1993-96 Beasley
2 Richard Rodean 1993-96 Krueger
COMMUNITY DEVELOPMENT ADVISORY COMXITTR!
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
*5 Dorothy Martinez Jean Hinojosa 1994-96 Beasley
*6 Peggy Fox Peggy Fox 1994-96 Brock
*7 Jean. Ellen Rogers Jean Ellen Rogers 1994-96 Miller
3 Larry Bailey Kimberly Franklin 1994-96 Biles
*5 Ann Hatch Ann Hatch 1994-96 Beasley
DATA PROCUSINa ADVIsogy BOARD
DIST CURRENT MEMBER NOMIN:TION TF$~ COUNCIL
2 Rosa Lawton Warren Searle 1994-96 Krueger
3 Bruce Mitchell 1994-96 Biles
*4 Renae Seely Renae Seely 1994-96 Cott
ADVISORY BOARD
DIST CURRENT FMBZR NOMINATION T~ COUNCIL
3 Geneva Berg George Goen 1994-96 Biles
*4 Joanna Deonath Joanna Deonath 1994-96 Cott
*5 Joy Williams Joy Williams 1994-96 Beasley
*6 Michael Flanagan Michael Monticino 1994-96 Brock
*7 Rahna Raney Bette Sherman 1994-96 Miller
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
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Agenda No.,
Agenda item
oars , r< . • _ ~ ~ -
BLSCTRICAL CODs BOARD
PST CURRENT MEMBER NOMINATION TEEM COUNCIL
3 (John Hardinger) John Hardinger 1994-96 Biles
(Master Electrician)
4 Don Fox 1994-96 Cott
*1 Robert Hicks (ALT) Robert Hicks 1994-96 Young
HISTORIC LANDNARE CONNIIASION
2LU CURRENT MEMBER NOMINATION TEBM COUNCIL
3 (Kenneth Morgan) Diane Ricks 1994-96 Biles
(Real Property owner)
*7 Judy Cole Peggy Norton 1994-96 Miller
2 Jim Kirkpatrick Jim Kirkpatrick 1994-96 Krueger
RUMAN SZRVICBB CQMIMZ
DIET CURREXI MEMBER NOM,NAT TION TEEM COUNCIL
*6 Pat Muro Fran Miller 1994-96 Brock
*7 Diana Briggs Carol Brantley 1994-96 Miller
2 Kevin Miller Charles Saunders 1994-96 Krueger
4 Sandy Kristoferson 1994-96 Cott
gZIP DUTON BZAt,7 ZFM BOARD
I
QIgT CURRENT MEMBER NOMINATION TEBM COUNCIL
*1 Mabel Devereaux Larry Mullen 1994-96 Young
*6 Gayla Robles Gayla Robles 1994-96 Brock
*7 Vera Laney Vera Laney 1994-96 Miller
*3 Fjola Jeffries Fjola Jeffries 1994-96 Biles
4 Bill Watson 1994-96 Cott
2 Robert Gentile Mark Osborne 1995-97 Krueger
(resignation)
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
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Agenda Item
~j`~
Date_
LIBRARY BQARD
DIST CURRENT MEMBER NOMINATION COUNCIL
*7 Kjell Johansen Kjell Johansen 1994-96 Miller
*3 Kathy Pole Kathy Pole 1994-96 Biles
*4 Ema Ruth Russell Ema Ruth Russell 1994-96 Cott
PARKS AND RECREATION BOARD
DIST CURRENT MEMBER NOMINATION COUNCIL
*7 Tom Judd Annie Burroughs 1994-96 Miller
*2 Loyce Wilson Tom Reece 1994-96 Krueger
Puna= AND ZQNINO CO MISSION
DIST CURRENT MEMBER NQMINATION Sf$)y COUNCIL
*3 Mike Cochran Carol Ann Ganzer 1994-96 Biles
*5 Ellen Schertz Ellen Schertz 1994-96 Beasley
*6 Katie Flemming Mike Cochran 1994-96 Brock
PLUI®INt3 AND NXCUNICAL CODE BOARD
DIST CURRENT MEMBER NOMINATION IFBM COUNCIL
*5 Millard Heath Millard Heath 1994-96 Beasley
(Mechanical Contractor)
*6 Lee Capps Lee Capps 1994-96 Brock
(Layman)
1 (Jeff Peploe) 1994-96 Young
(Master Plumber)
PUBLIC UTILITIES BOARD
DIST CURRENT MEMBER NOMINATION COUNCIL
*5 Bill Giese Bill Giese 1992-96 Beasley
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
Agenda No. t'Z
Agenda item.
SIGN BOARD 01r A_artear.a Dafe ~ / `
DIST CURRENT M,MBE NOMINATION
- TEEM cotlrrC I,
*1 Spencer Washington Slick Smith 1994-96 Young
3 Ann Houston (ALT) 1994-96 Biles
*7 Mike Wiebe Mike Wiebe 1994-96 Miller
TRAFFIC SAPITY COMMISSION
DIST CURRENT MFiRR NOMINATION
Um COUNCIL
*6 Greg Sawko Greg Sawko 1994-96 Brock
1 Kathy Devine Fred Hill 1994-96 Young
*2 Derrick Hartsfield Derrick Hartsfield 1994-96 Krueger
3 Mark Coomes 1994-96 Biles
*4 Larry Luce Larry Luce 1994-96 Cott
CIVIL SIRVICI COf®lI ON
aS= CURRENT MEM .R NOMINATION
TEBAS
*2 Dennis Stephens Dennis Stephens 1993-96 City
Mgr.
22= HOUSING AU=oRrmv
''AT SENT MEMBER LJOM NI_ATION T
*1 Tony Soto Tony Soto 1994-96 Mayor 1
*2 Bob Crouch Bob Crouch 1994-96 Mayor
TDPA BOARD Or DIRECTORS
I
5= CURRENT MF.MBE NOMINATION
T=
*0 Tom Harpool George Hopkins 1994-96 Council
ACCO0128
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
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CITY OF DENTON CITY COUNCIL MINUTES
July 12, 1996
The Council convened into a Special Call Meeting on Friday, at 4:00
1 p.m. in the City Council Chambers of City Hall.
PRESENT: Mayor Pro Tem Brock, Council Members Biles, Beasley and
Co.:t.
AF.SENT: Mayor Miller, Council Members Krueger and Young.
1. Resolution
A. The Council considered approval of a resolution
recommending the creation of a County Development Pistrict by
Denton County pursuant to Chapter 312, Texas Tax Code relating to
approximately 285.67 acres with the Texas Instruments Addition, Lot
1, Block 1 of the City of Denton for the purpose of promoting
economic development.
Linda Ratliff, Economic Development Coordinator, stated that the
resolution was a reaffirmation of support for the establishment of
a County Development District. The original request was for
establishment of the CDD for a specific purpose. The new request
would create the CDD to be used as a marketing tool for future
economic development.
Council Member Cott questioned when the City would have to start
paying rent on the facility.
Ratliff stated that the rent was associated with the 4B corporation
and not the CDD.
The following item will be considered:
R96-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
REAFFIRMING RESOLUTION NO. R96-027 CALLING FOR THE CREATION OF
A COUNTY DEVELOPMENT DISTRICT BY DENTON COUNTY PURSUANT TO
CHAPTER 3120 TEXAS TAX CODE RELATING T APPROXIMATELY 285.67
ACRES WITH THE TEXAS INSTRUMENTS ADDITION, LOT 1, BLOCK 1 OF
THE CITY OF DENTON FOR THE PURPOSE OF PROMOTING ECONOMIC
DEVELOPMENT.
Biles motioned, Beasley seconded to approve the resolution. On
roll vote, Beasley "aye", Brock "aye", Cott "aye", and Biles "aye".
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CITY OF DENTON CITY COUNCIL MINUTES
July 12, 1996
Page 2
With no further business, the meeting was adjourned.
EULINE BROOK, MAYOR PRO TEM
CITY OF DENTON, TEXAS
BETTY WILLIAMS
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
AMM00860
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CITY OF DENTON CITY COUNCIL MINUTES
July 16, 1996
The Council convened into a Closed Meeting on Tuesday, July 16,
1996 at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem. Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered and discussed defense of RPS Ventures
Inc., et Al City of Denton and Webber and Ramps
v. City of Der+♦nn pending in the 362nd District
Court under Section 551.071 of the Open Meetings
Act.
2. ~hagen 1J al_ v City Considered further
settlement negotiations with Plaintiff's and final
settlement authority in this case.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
1. Discussed obtaining 0.069 acres of land for
drainage improvements or other real property
interest in the J.W. Cheek, Abstract No. 324.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
The Council convened into a Regular Meeting on Tuesday, July l6,
1996 at 7:00 p.m. in the Council Chamrers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members {
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
14 Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the Texas and U. S. Flags.
2. Resolutions of Appreciation
A. The council considered approval of a resolution of
appreciation for Jerry Bellar.
The following resolution of appreciation was considered:
RESOLUTION OF APPRECIATION FOR JERRY BELLAR
City Of Denton city council minutes
July 16, 1996
Page 2
Krueger motioned, Brock seconded to approve the resolution. On
roll vote, Beasley "aye", Brock "aye" Cott "aye", Krueger @$aye",
Young "aye", Biles Ilaye", and Mayor Miller "aye". Motion carried
unanimously.
Mayor Miller presented a proclamation for Fred Douglas/Fred Moore
Days.
3. Citizen Requests
A. The Council considered a request for an exemption to the
noise ordinance from igloo's, 112 Eagle Drive, for a Bikini Contest
on Sunday, August 4, from 2:00-5:00 p.m.
Veronica Rolen, Administrative Assistant, stated that a request had
been received for an exception for amplif'ed sound for a bikini
contest on August 4, 1996. The Council granted a similar request
on June 4, 1996 but the event was postponed to allow for more
advertising. In addition to the noise exception, a temporary use
permit had to be obtained in order to hold this type of event in a
commercial zoned area.
Council Member Cott felt that this was not the kind of family
program the Council would want to endorse.
I
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on a Sunday as there were churches in the area.
Robin Selman, representing Igloofs stated that than contest had to
be held on a Sunday as the other businesses in the srea were using
the parking lot on Saturday.
Krueger motioned, Biles seconded to approve the request. On roll
vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young
"nay". Biles "aye", and Mayor Miller "aye's. Motion carried with a
5-2 vote.
B. The Council considered a request for an exemption to the
noise ordinance from Marathon Builders to pour concrete on four
occasions during the month of July at U-Haul, 164 N. I-35 East,
starting at 4:30 a.m.
Veronica Rolen, Administrative Assistant, stated that this request
was from Harry Chapman to complete concrete work at this location.
In September 1995 Council amended the noise ordinance to provide
for the erection, demolition, alteration or repair work on any
8:30 p.m. Monday
building Frfrom iday. Mr. r wa30 from 6:00 s requesting . Council allow him to
begin work at 4:30 a.m. As of today, the builders were requesting
an exception for a 30 day period. The builders had received a
citation from the Police Department on June 28th for a noise
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City of Denton City Council Minutes
July 16, 1996
Page 3
violation. Since that time they had followed City ordinances but
were behind in their pouring of the concrete.
Council Member Krueger asked if specific reasons were given for the
requested early start time. The current ordinance set the limits
on that type of construction.
Rolen stated that the builders indicated that because they were
behind, they needed to start at 4:30 a.m. in order for the job to
set and to be able to continue later in the day.
Courcil Member Krueger asked if this was basically a retail
location or were there residents in the location.
Rolen replied that there were some trailers in the area but the
noise should not impact anyone. The builders indicated that they
would pour as close to the weekend as possible.
Council Member Young stated that the builders would want to start
pouring early to beat the heat and be able to send the crews home
around early afternoon.
Council Member Krueger stated that he was reluctant to grant the
exception as there was no verification of the neighborhoods in the
area.
Young motioned to approve the exception.
Rick Svehla, Deputy City Manager, stated that the trailers were
behind the site on Meadow Street. There was a grade separation
between the two areas.
1
Motion died for lack of a second.
Biles motioned, Young seconded for a 5:00 a.m. start rather than a
4:30 a.m. start.
on roll vote, Beasley "nay", Brock "nay", Cott "nay", Krueger
"nay", Young "aye", Biles "aye", and Mayor Miller "nay". Motion
failed with a 2-5 vote.
Council Member Krueger asked for additional information such as the
types of equipment which were going to be used, the distance to the
homes, etc. and to place the item on the July 23rd agenda.
4. Citizen Reports
A. The Council received a citizen report from Carol Ganzer
regarding the North Texas State Fair.
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City of Denton City Council Minutes
July 16, 1996
Page 4
Carol Ganzer stated that the North Texas State Fair would this year
be dedicated to the memory of Bob Powers who died during the Fair
last year. She relayed the sights, sounds and smells of the Fair
which would be held August 16-24. She invited the Council to ride
in the Fair parade.
5. Public Hearings
A. The Council held a public hearing and conside.red an
ordinance and detail plan rezoning 4.104 acres from the Single
Family 7 (SF-7) zoning district and the Multi-Family 2 (MF-2)
zoning district to a Planned Development (PD) zoning district. The
subject property was located on the west side of Highland Park
Road, just north of Westridge. (The Planning & Zoning Commission
recommended approval 4-1.)
Council Member Brock stated that she lived within 200 feet of the
property and would not begin participating in the discussion and
would not vote on this item.
Frank Robbins, Director for Planning and Development, stated that
this proposal was for a rezoning from SF-7 to PD for detached
dwelling units. The planned development was proposed due to the
design of the proposal. A private street would be maintained by
the individuals in the area with the width of the pavement being 28
feet as opposed to the standard of 30 feet. There would be no
sidewalks on the internal street but would be built along Highland
Park Road. A large number of trees would be protected and the
applicant would save a number of trees on Treemont Circle. There
was a large lot in front of the development and across the street
there would be an open space which was heavily treed. There were
25 notices mailed with one returned in favor and 3 in opposition, j
Two reply forms were returned today with oppoaition withdrawn in
writing. Without the withdrawal letters, the applicant would be
facing a 50$ opposition. With the withdrawal letter from the
University of North Texas and from the homeowner south of the
development, the 20% rule was not in effect. The Planning and
Zoning Commission recommended approval and all of the pulices of
the Denton Development Plan were met.
The Mayor opened the public hearing.
Brian Burke stated the developers had a similar project on Highland
Park Circle and that this proposal had a similar design with a
private feel and look. These would be small lots which would save
as many trees as possible. The design of the street layout had been
changed in order to save a stand of trees. A planned development
with a private street was proposed in order to allow for a sharper
turn radius in the street than normal in order to save the trees.
The street would be three feet narrower than standard. The
developers invited ;ieighbors within 200 feet of the project to a
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City of Denton City Council Minutes
July 16, 1996
Page 5
meeting in early June. Ten neighbors attended the meeting who
expressed some concerns about traffic on Highland Park Road. The
current traffic count was not heavy now and the proposal would
g
for a SF-7 enerate traffic less than the standard 60 vehicle trips per day
zoning
The developers had ddoneiatdetailed Another investigation of surface this concern
and worked with the University of North Texas and a neighbor. They
were concerned about the aggravation of the drainage situation as
a result of an increase in the impervious surface area. The
developer and the University had agreed to a joint venture
solution. There were concerns about drainage in other areas such
as at the end of the street. Runoff would be directed away from
the current development. Another concern was sanitary sewage which
would be addressed during the platting process.
Jim Strange stated that he was in favor of the proposal and felt it
was the best plan for that piece of property. The proposal was
environmentally friendly to the site with a better curve of the
hill and drainage. There was some opposition in the beginning but
through cooperation with the neighbors they were able to work out
the concerns. He asked for approval of the proposal.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-155
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 A PLANNED DEVELOPMENT
(PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY
APPROVING A DETAIL PLAN FOR THAT P.*..A.NNED DEVELOPMENT FOR 4.104
ACRES OF LAND LOCATED ON THE WEST ;1IDE OF HIGHLAND PARK ROAD,
JUST NORTH OF WESTRIDGE STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $20000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Krueger seconded to adopt the ordinance.
Mayor Miller asked that as the street would be a private street and
not city dedicated street, would there be future liability for the
City.
Robbins stated that when the property was platted there would be a
homeowners association agreement with two provisions. One would be
that the association would have to be established which would
require them to perpetually maintain the street. The second would
indemnify the City. There would not be a liability issue for the
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City of Denton City Council Minutes
July 16, 1996
Page 6
city.
On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Your
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered an
ordinance to rezone 4.5872 acres from the Light Industrial (LI)
zoning district to the multi-Family 1 (MF-1) zoning district. The
subject property was located on the north side of Londonderry Lane,
approximately 293 feet east of Sam Bass Boulevard, and was more
commonly known as the Salem Ridge Apartments. (The Planning &
Zoning Commission recommended approval 5-0.)
Frank Robbins, Director for Planning and Development, stated that
this was zoning for an existing use. When the apartments were
built, they were allowed in a Light industrial use but were not
allowed at this time. This was a refinancing situation for zoning
for the existing use.
Council Member Cott left the meeting.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
4 NO. 96-156
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT
CLASSIFICATION AND USE DESICNATION TO THE MULTI-FAMILY 1 (MF-
1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
4.5872 ACRES OF LAND LOCATED ON THE NORTH SIDE OF LONDONDERRY
LANE, APPROXIMATELY 293 FEET EAST OF SAM BASS BOULEVARD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye's, Brock "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
C. The Council held a public hearing and considered an
ordinance to rezone a 1.031 acre tract from the Multi Family 1 (MF-
1) zoning district to the office conditioned (0[c]) zoning
district. The subject property was located on the southeast corner
of McKinney Street and Woodrow Lane. (The Planning & Zoning
Commission recommended approval 5-0.)
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City of Denton City Council Minutes
July 16, 1996
Page 7
Frank Robbins, Director for Planning and Development, stated that
this was a rezoning in an area where there had been several
rezoning as a result of the County's work with the Criminal Justice
facility. This was for another office condition with the only
condition being that there would not be a lighting problem created
for the adjacent residential property. The proposal met all of the
policies of the Denton Development Plan.
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. 96-157
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED
(O[c))ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
1.031 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF
MCKINNEY AND WOODROW STREETS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned to adopt the ordinance.
Mayor Pro Tem Brock asked if this was simply using a structure that
was currently on the property.
Robbins stated that it was anticipated that that was what was going
to happen initially. With this zoning there was no condition that
that was the only use or structure which could be used. building could be demolished and a new building erected. The
Krueger seconded the motion. On roll vote, Beasley "aye's, Brock
"aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and
Mayor Miller "aye". Motion carried unanimously.
Item 5.E. was considered.
E. The Council held a public hearing and considered an
ordinance to rezone approximately .15 acres from the General Retail
(GR) zoning district to the Multi Family Restricted (MF-R[c))
zoning district with conditions, The subject property was located
approximately forty-five (45) feet south of Prairie, on Maddox
Street. (The Planning 6 Zoning commission recommended approval 5-
0.)
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Frank Robbins, Director for Planning and Development, stated that
this was a zoning case which was to some degree a city initiated
zoning case. The applicant was requesting zoning for multifamily
with a highly conditioned proposal. The proposal would only allow
three units on the site. Lot one would remain general retail.
There was a structure on the property with only 3 units. There was
a neighborhood meeting with no opposition expressed at the meeting.
All policies of the Denton Development Plan were met.
The Mayor opened the public hearing.
Nell Lights thanked the Council for their consideration.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-159
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY
RESTRICTED (MF-R[c]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR A PORTION OF LOT 1 AND ALL OF LOT 2, BLOCK 3
OF THE MOORE'S ADDITION, LOCATED ON MADDOX STREET,
APPROXIMATELY FORTY-FIVE FEET SOUTH OF PRAIRIE STREET;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
D. The Council held a public hearing and considered an
ordinance to rezone a 2.0425 acre tract from the Agricultural (A)
and Multi-Family Restricted (;:F-R) zoning districts to the Multi-
Family 1 (MF-1) zoning district. The subject property was located
on the west side of Joyce Lane, north of Gardenview and was also
known as Phase Two, Lot One, in the Kingswood Apartments Addition.
(The Planning & Zoning commission recommended approval 5-0.)
Frank Robbins, Director for Planning and Development, stated that
this proposal was a Planning and Zoning initiated case as a
consequence of the GIS mapping. An error had been discovered in
the mets and bounds description causing the zoning to be incorrect.
This proposal would correct that situation.
The Mayor opened the public hearing.
No one spoke during the public hearing.
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The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-158
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) AND MULTI-FAMILY RESTRICTED
(MF-R) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO
THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 2.0425 ACRES OF LAND LOCATED ON THE WEST
SIDE OF JOYCE LANE, NORTH OF GARDENVIEW; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye's, Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
F. The Council held a public hearing and considered an
ordinance adopting the 1994 Uniform Mechanical Code, as amended.
(The Plumbing & Mechanical Cade Board recommended approval 5-0.)
Robbie Baughman, Assistant Building official, stated that the
Uniform Mechanical Code governed the installation of heating and
air conditioning equipment, mechanical systems, ventilation and
duct systems and various gas-fired appliances. One of the goals of
the Plumbing and Mechanical Code Board was to reduce the number of
amendments to the present code. The 1985 code was presently being
used. At the same time, the Board wanted to localize the code to
Denton and the practices which were done here. There were no fee
increases proposed at this point in time.
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. 96-160
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 281
SECTIONS 251 AND 252 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; ADOPTING THE 1994 UNIFORM MECHANICAL CODE WITH
CERTAIN AMENDMENTS, DELETIONS, AND ADDITIONS THERETO;
PROVIDING FOR A SEVERABILITY CLAUSE AND REPEALING CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS; AND
PROVIDING FOR AN EFFECTIVE DATE.
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July 16, 1996
Page 10
Brock motioned, Krueger seconded to adopt the ordinance. Or. roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
6. Consent Agenda
Council Member Young left the meeting.
Brock motioned, Beasley seconded to approve the Consent Agenda as
presented. On roll vote, Beasley "aye", Brock ''aye", Cott "aye",
Krueger "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
A. Bids and Purchase Orders:
1. Bid 11353 - Public Official Liability Insurance
2. RFSP 11896 - Medical Director of EMS
B. Tax Refund
1. Considered approval of a tax refund to NationsBank
for Russell C. Sutton for $900.00.
7. Consent Agenda Ordinances
The Council considered the Consent Agenda ordinances 7.A. and 7.B.
Brock motioned, Beasley seconded to adopt the ordinances. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
A. NO. 96-161
AN ORDINANCE ACCEPTING THE PROPOSAL OF NATIONAL UNION FIRE
INSURANCE COMPANY FOR PUBLIC OFFICIAL LIABILITY INSURANCE
COVERAGE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTIVE DATE. (6.A.1. - Bid 11353)
B. NO. 96-162
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECTTTE AN
AGREEMENT FOR MEDICAL DIRECTOR SERVICES BETWEBN THE CITY OF
DENTON AND RANDY L. PARK, M.D.; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (6.A.2. -
RFSP ,1896)
8. Ordinances
A. The Council considered adoption of an ordinance
authorizing the Mayor to execute an amended Municipal Maintenance
Agreement for State highways, between the City of Denton, Texas and
the State of Texas, acting through the Texas Department of
Transportation for a portion of McKinney Street.
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Page 11
Rick Svehla, Deputy City Manager, stated that Item S.A. and 8.h.
were related. Item S.A. amended the maintenance agreement with the
Highway Department in order for the City to build the road rather
than TxDot. The City could move faster than the State for this
building project. Item B.B. approved an interlocal agreement with
the County for the project whereby the City would do the
engineering and inspection of the project. Some CIP drainage money
would be used from the 1986 bond issae as well as $300,,000 of
County money to widen McKinney from Woodrow to Janie Street.
The following ordinance was considered:
NO. 96-163
t AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON,
TEXAS TO EXECUTE AN AMENDED MUNICIPAL, MAINTENANCE
AGREEMENT FOR STATE HIGHWAYS, BETWEEN THE CITY OF DENTON,
TEXAS AND THE STATE OF TEXAS, :.CTING THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE
DATE.
Beasley motioned, Krueger seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye" Krueger "aye$$, Hiles
"aye", and Mayor Miller "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance
authorizing the Mayor to execute an Interlocal Cooperation
Agreement for Road Improvements between the City of Denton and
Denton County for improvements to McKinney Street.
The following ordinance was considered:
NO. 96-164
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERL.OCAI,
COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY
OF DENTON AND DENTON COUNTY FOR IMPROVEMENTS TO MCKINNEY
STREET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
Krueger motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
Ye, Biles aye , and Mayor Miller "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance
authorizing the City Manager to execute a professional services
agreement between the City of Denton and the engineering firm of
Shimek, Jacobs & Finklea for the professional engineering services
incident to a hydraulic analysis and master plan report for the
water distribution system.
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July 16, 1996
age 12
Jerry Cosgrove, Engineering Administrator, stated that this was a
professional engineering services contract for an amount not to
exce.id $30,000. The purpose of the contract was to replace
existing software and update the model. At that time, the model
would also provide a graphical capability which presently could not
be one.
Council Member Young returned to the meeting.
The following ordinance was considered:
NO. 96-165
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THR CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DENTON AND THE ENGINEERING FIRM OF SHIMEK, JACOBS
& FINKLEA FOR THE PROFESSIONAL ENGINEERING SERVICES INCIDENT
TO A HYDRAULIC ANALYSIS AND MASTER PLAN REPORT FOR THE WATEF
DISTRIBUTION SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll
"ate, Basle "aye", Band y, Cott 'laye", 'Krueger "aye", Young
unanimously. Mayor Miller iye Motion carried
D. The Council considered adoption of an ordinance amending
Section 6-5 of the Code of Ordinances of the City of Denton to
expand the nurber of members on the Animal Shelter Advisory
Committee from five `o seven members.
City Attorney Prouty stated that Items B.D, 8.E S.F, and .G
related in that they expanded the particular boards from8fiveeto
seven members,
Council Member Cott asked about the change to the Public Utilities
Board and the Parks and Recreation Board which required four people
to approve nominations and appointments.
Prouty stated that in the pant individual Council Members nominated
members to those boards rather than the whole Council. That would
be the unly change.
Council Member Cott asked why four individuals were needed for
approval.
Prouty stated that that was the standard rule that a majority of
the Council, or four out of seven members, would approve a
nomination.
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July 16, 1996
Page 13
Mayor Miller stated that these two boards where organized in the
Charter and the Council could not change the number of members.
Rather than have two council Members left out of the process, the
entire Council would nominate members to these two boards and then
the entire Council would vote on those nominations.
The following ordinance was considered:
NO. 96-166
AN ORDINANCE AMENDING SECTION 6-5 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON TO EXPAND THE NUMBEk OF MEMBERS ON THE
ANIMAL SHELTER ADVISORY COMMITTEE FROM FIVE TO SEVEN;
PROVIDING A SAVINGS CLXUSE; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "al-ell, Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance amending
Ordinance No. 82-09 to expand the number of members on the Data
Processing Advisory Board from five to seven members.
The following ordinance was considered:
NO. 96-1F7
AN ORDINANCE AMENDING ORDINANCE NO. 82-09 TO EXPAND THE NUMBER
OF MEMBERS ON THE DATA PROCESSING BOARD FROM FIVE TO SEVEN;
PROVIDING A SAVINGS CLAUSU; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance amending
Section 8-130 of the Code of Ordinances of the City of Denton to
expand the number of members of the Cable TV Advisory Board from
five to seven members and to reduce the terms of said members from
three to two years.
The following ordinance was considered:
NO. 96-168
AN ORDINANCE AMENDING SECTION 8-130 OF THE CODE OF ORDINANCE
OF THE CITY OF DENTON TO EXPAND THE NUMBER OF MEMBERS OF THE
CABLE TV ADVISORY BOARD FROM FIVE TO SEVEN MEMBERS AND TO
REDUCE THE TERMS OF SAID MEMBERS FROM THREE TO TWO YEARS;
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PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Brock motioned, Krueger seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye$', Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance amending
Article III "Boards, Commissions and Committees" of Chapter 2
"Administration" of the code of ordinances of the City of Denton by
adding Section 2-84 "Nominating and Appointing Members to Certain
Boards" to provide that both nominations and appointments to the
Public Utility Board and the Parks and Recreation Board will be by
an affirmative vote of four members of the City Council.
The following ordinance was considered:
NO. 96-169
AN ORDINANCE AMENDING ARTICLE III "BOARDS, COMMISSIONS AND
COMMITTEES" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON BY ADDING SECTION 2-84
"NOMINATING AND APPOINTING MEMBERS TO CERTAIN BOARDS" TO
PROVIDE THAT BOTH NOMINATIONS AND APPOINTMENTS TO THE PUBLIC
UTILITY BOARD AND THE PARKS AND RECREATION BOARD WILL BE BY AN
AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE CITY COUNCIL;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
H. The council considered adoption of an ordinance declaring
a public necessity exists and finding that public welfare and
convenience requires the taking and acquiring of a fee simple
interest in 0.069 acres of land located in the J.W. Cheek Survey,
Abstract No. 324 owned by Sherwood M. Spencer, et al; authorizing
the City Manager or his designee to make an offer to purchase the
property for its fair market value and if such offer is refused,
authorizing the City Attorney to institute the necessary
proceedings in condemnation in order to acquire the property
necessary fer the public purpose of acquiring such property for
drainage improvements associated with Walmart.
Rick Svehla, Deputy City Manager, stated that staff was requesting
approval to proceed with condemnation proceedings for this
property.
The following ordinance was considered:
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City of Denton City Council Minutes
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Page 15
NO. 96-170
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A FEE SIMPLE INTEREST IN 0.069 ACRES OF LAND
LOCATED IN THE J.W. CHEEK SURVEY, ABSTRACT NO. 324, OWNED BY
SHERWOOD M. SPENCER, ET AL.; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR,,ITS
FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING
THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR
THE PUBLIC PURPOSE OF ACQUIRING SUCH PROPERTY FOR DRAINAGE
IMPROVEMENTS ASSOCIATED WITH WALMART; AND DECLARING AN
EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance.
Council Member Krueger stated that the Council was not taking this
property. This was a tool to try and get off dead center on the
issue. The City would pay a fair and decent price for the
property.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
9. Resolutions
A. The Council considered approval of a resolution
appointing the Denton Fire Chief as the City of Denton's Emergency
Management Coordinator and delegating the Mayor's authority for
execution of his Emergency Management Director's duties to the
Denton Fire Chief.
Ross Chadwick, Fire Chief, stated that this resolution would
appoint the Fire Chief as Emergency Management Coordinator and
would assign those duties to the Fire Chief.
The following resolution was considered:
NO. R96-030
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING THE FIRE
CHIEF AS THE EMERGENCY MANAGEMENT COORDINATOR FOR THE CITY OF
DENTON, TEXAS; AND DELEGATING DUTIES PURSUANT TO ORDINANCE.
Beasley motioned, Brock seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
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Page 16
B. The Council considered approval of a resolution relating
to taxable borrowings by the North Texas Higher Education
Authority, Inc.
Kathryn Bryan, North Texas Higher Education Authority, Inc., stated
that as the Authority would be needing more and more taxable
financing and these were temporary vehicles to finance loans before
placed in tax-exempt financing, this resolution would allow the
Authority to proceed with the short term financing and would still
return to Council for any long-term financing requests.
Council Member Beasley stated that as these were student loans
which the City was not responsible in any way for money borrowed,
why did the Authority need City approval.
Bryan replied that state law indicated that the Authority had to
have a sponsoring city. The Authority was fortunate to have both
Denton and Zrlington as sponsoring cities.
The following resolution was considered:
NO. R96-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
RELATING TO TAXABLE BORROWINGS BY NORTH TEXAS HIGHER EDUCATION
AUTHORITY, INC.; APPROVING THE BORROWINGS AND THE USE OF THE
PROCEEDS OF SUCH BORROWINGS; MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to approve the resolution. On
roll vote, Beailey 'ay", Brock "aye", Cott "aye", Krueger "aye",
Young "aye", B ye, and Mayor Miller "aye". Motion carried
unanimously.
C. The Council considered approval of a resolution
dissolving the Juvenile Crime Interagency Coalition and
transferring its responsibility to the Juvenile Diversionary
Services of Denton, Inc. which will formulate and provide
recommendations to the city Council relating to the need for
additional coordination and resources to be contributed toward the
rehabilitation of juvenile offenders.
The following resolution was considered:
NO. R96-032
A RESOLUTION REPEALING RESOLUTION NO. R95-011 CREATING THE
JUVENILE CRIME INTERAGENCY COALITION; TO DISSOLVE AND
ELIMINATE THE COALITION, WHOSE FUNCTIONS WILL BE ASSUMED BY
THE JUVENILE DIVERSIONARY SERVICES OF DENTON .
PROVIDING FOR AN EFFECTIVE DATE. INC., AND
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Brock motioned, Krueger seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
10. The Council considered nominations/appointments to the City's
Boards and Commissions.
The Council voted on the nominations from the previous meeting and
made nominations for other open positions to be voted on at the
next meeting. (see Attachment A)
11. Vision Update
Council Member Beasley stated that there would be a meeting next
week and an update would be provided after that meeting.
12. Miscellaneous matters from the City Manager.
A. The Council received a report concerning the latest
honorees added to the Wall of Honor.
B. Customer Service - Harlan Jefferson, Director of Fiscal
Operations, stated that in response to Council Member Young's
question, staff reviewed the City's policy for payment extensions.
The City did offer two forms of payment extensions. The ordinance
allowed the City to offer payment extensions up to six months if
half of the outstanding balance was paid with the other half being
deferred. That method was only used occasionally. The most common
extension was less than six months. Up until 1994 the extensions
were offered fairly consistently based on the customer's situation
which allowed for multiple extensions during the course of a year.
In 1994, extensions were limited to one every 6 months. On the
other side, the Department was trying to collect what was due the
City in a timely manner.
Council Member Young stated that the city was not going to
discontinue the payment extension policy.
Jefferson replied that there were no plans to phase out that
policy. The policy was in an ordinance and Council approval would
be needed in order to discontinue the service.
Council Member Young asked about a letter to the newspaper
regarding treatment from Customer Service.
City Manager Benavides stated that staff was trying to be
responsive to the questions of Council. There were ways that the
Departments had to check themselves and would always be responsive
to citizen concerns.
City of Denton City Council Minutes
July 16, 1996
Page 18
13. There was no official action taken on Closed Meeting items.
14. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young suggested a work session item
regarding Oakwood Cemetery and whether the City wanted to continue
in that business.
B. Mayor Pro Tam Brock suggested that the Council consider
changing the name of the Data Processing Advisory Board.
C. Mayor Pro Tam Brock indicated that it was time for
Council to clean up their Adopt-A-Spot. Council needed to either
clean up the site or take down their sign.
15. The Council did not meet in a continuation of the Closed
Meeting.
With no further business, the meeting was adjourned at 8:50 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC00323
ATTACHMENT A
BOARD/COMMISSION NOMINATIONS
1996-97
AIRPORT ADVISORY BOARD
Uet CURRENT MEMBER NOMINATION TEgM rONCIL
*7 John Dulemba Terry Garland 1994-96 Miller
*3 Don Smith Ann Houston 1994-96 Biles
*4 James Jamieson James Jamieson 1994-96 Cott
*5 Jim Risser Jim Risser 1994-96 Beasley
ANIMAL BRELTER ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION mm COUNCIL
*2 Joella Orr Joella Orr 1994-96 Krueger
5 Vacant 1996-98 Beasley
6 Vacant 1996-98 Brock
BOARD OF ADJUBTMW
DZST CURRENT MEMBER NOMINATION TFiB COUNCIL
*5 Rebecca King Rebecca King 1994-96 Beasley
*3 Bob Hagemann Greg Muirhead 1994-96 Biles
*4 Joe Bendzick Joe Bendzick 1994-96 Cott
*2 Larry Collister Larry Collister 1994-96 Krueger
BUILDING BODE BOARD
DIST CURRENT MEMBER NOMINATION T= COUNCIL
*3 James Fykes (ALT) Bob Hagemann 1994-96 Biles
*4 Byron Woods (ALT) Byron Woods 1994-96 Cott
*5 Steve Kniatt Steve Kniatt 1994-96 Beasley
*6 (Mary McCain) Mary McCain 1994-96 Brock
(architect)
*7 Greg Muirhead Ken Dobias 1994-96 Miller
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
F
CABLE TV ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION ~ COUNCIL
*5 Mark Burroughs Mark Burroughs 1993-96 Beasley
2 Richard Rodean Richard Rodean 1993-96 Krueger
3 Vacant 1996-96 Biles
4 Vacant 1996-98 Krueger
COXXUNITY DEVELO ENT ApVlgogy COMM TTEE
DIST CURRENT MEMBER NOMINATION COUNCIL
*5 Dorothy Martinez Jean Hinojosa 1994-96 Beasley
*6 Peggy Fox Peggy Fox 1994-96 Brock
*7 Jean Ellen Rogers Jean Ellen Rogers 1994-96 Miller
*3 Larry Bailey Kimberly Franklin 1994-96 Biles
*5 Ann Hatch Ann Hatch 1994-96 Beasley
DATA PROCIRAING ADVIBORY BOARD
DIST CURRENT MEMBER NOMINATION TEBM COUNCIL
*3 Rosa Lawton Warren Searle 1994-96 Krueger
3 Bruce Mitchell 1994-96 Biles
*4 Renee Seely Renae Seely 1994-96 Cott
5 Vacant 1996-98 Beasley
6 Vacant 1996-98 Brock
DOWNTOWN ADVISORY BOARD
DIST CURRENT MEMBER NOMINATION TFB~i COUNCI
*3 Geneva Berg George Goen 1994-96 Biles
*4 Joanna Deonath Joanna Deonath 1994-96 Cott
*5 Joy Williams Joy Williams 1994-96 Beasley
*6 Michael Flanagan Michael Monticino 1994-96 Brock
*7 Rahna Raney Bette Sherman 1994-96 Miller
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
MEMENw-
t
n
F
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ELECTRICAL CODS 80 Rn
DIST~ MB NOMINATION
~ CO nartf.
*3 (John Hardinger) John Hardinger 1994-96
(!hater Rlectrician) Biles
4 Don Fox
*2 Robert Hicks 1994-96 Cott
(ALT) Robert Hicks 1994-96
Young
HISTORIC L_~*TM+v~nz nn....:
DIST CURRENT MEMB o NOMINATION
_
*3 (Kenneth Morgan) Wane Ricks
(Real Property owner) 1994-96 Biles
*7 Judy Cole
Peggy Norton 1994-96 Miller
*2 Jim Kirkpatrick Jim Kirkpatrick
1994-96 Krueger
SYIBERDICES COIOIITT
NOMINATION Um COQ r~
*6 Pat Muro
Fran Miller 1994-96 Brock
*7 Diana Briggs
Carol Brantley 1994-96 Miller
*2 Kevin Miller Charles Saunders
4 Sandy Kristoferson 1994-96 Krueger
Wallace Duvall 1994-96 Cott
Rasp HE=
mJBRENT im R NOMINATION TIM
*1 Mabel Devereaux Larry Mullen
*6 Gayla Robles 1994-96 Young
Gayla Robles 1994-96 Brock
*7 Vera Laney Vera Laney 1994-96 Miller
*3 Fjola Jeffries
Fjola Jeffries 1994-96
4 Bill Watson Biles
Dee Dee Scott 1994_96
*2 Robert Gentile Cott
(resignation) Mark Osborne 1995-97 Krueger
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
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T1
~BaRY BaARn
211 NOMINATION
TIM Q 1TTn TT
*7 Kjell Johansen
Kjel! Johansen 1994-96
Miller
*3 Kathy Pole
Kathy Pole 1994-96 Biles
*4 Ema Ruth Russell Ema Ruth Russell
1994-96 Cott
DIST ~3I88EEAIT MEMBFR N9MINATION
Tom! COUN rr•
*7 Tom Judd Annie Burroughs
1994-96 Miller
*2 Loyce Wilson
Tom Reece 1994-96 Krueger
DI.~T SS~BENT__ MEMg~ NOMI; igi'ION
TEBM COUNCISt
*3 Mike Cochran Carol Ann Ganzer
*5 Ellen Schertz 1994-96 Bilea
Ellen Schertz 1994-96 Beasley
*6 Katie Flemming Mike Cochran
1944-96 Brock
Pidunixg
E 8074Aa
DIST CURRENT MEMBxR NOMINATION ,
:fE81't CoUN~
*5 Millard Heath Millard Heath
(Xochanical contractor) 1994-96 Beasley
*6 Lee Capps
(La Lee Capps 1994-96 Brock
riran)
1 (Jeff Peploe)
(Maetai Plumber) 1994-96 Young
PUBLIC UTILiTTte w.,...-
D= Sa(lRRENT MEMB n NOMINATION
TEBt' CO n4 I
*5 Bill Giese Bill Giese
1992-96 Beasley
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
a
2w NOMINATION
Slick Smith 1994-96 Young
*1 Spencer Washington
3 Ann Houston (ALT) 1994-96 Biles
*7 Mike Wiebe Mike Wiebe 1994-96 Miller
nUIP In BA*ETY COMiIBBXO
DIST CURRENT MEK= h'OMINAT CN TERM COUNCIy
*6 Greg Sawko Greg Sawko 1994-96 Brock
*1 Kathy Devine Fred Hill 1994-96 Young
*2 Derrick Hartsfield Derrick Hartsfield 1994-96 Krueger
1994-96 Biles
3 Mark Coomes
*4 Larry Luce Larry Luce 1994-96 Cott
CIVIL , sERVICE COM[I_@"a
fim CURRENT MEMBER RO IZ NATION T
*2 Dennis Stephens Dennis Stephens 1993-96 city
Mgr.
pENTe~1 ROU ISO AUTHORITY
CURRENT MEMBER HOINATION TERM
*1 Tony Soto Tony Soto 1994-96 Mayor
*2 Bob Crouch Bob Crouch 1994-96 Mayor
TNVa ROARD Or DIRrCTORS
a, =RENT MEMBER ~ TFB~
*0 Tom Harpool George Hopkins 1994-96 Council
ACC00128
* Individual nominated and approved
No * individual nominated but not approved
No nomination
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MEMORANDUM
DATE: August 16, 1996
T0: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Mary Horn - Denton County Tax Assessor/Collector Memo
A representative from Mary Horn's office brought the attached
information for you to review.
Jennifer (falters
City Secretary
AMM00875
f
DATE: August 20,19% Agenda No.
Agenda Item CITY COUNCIL REPORT FORMAT oate
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing and consider an ordinance to rezone Lots 6-9, Block A, of
the Willowwood Addition from theMulti-Family 2 (MF-2) zoning district to the Single
Family 7 (SF-7) zoning district on property located on the west side of Golf Court,
north of Willowwood.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval of the rezoning request
(7-0) at its meeting on July 24, 1996.
3VMMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
Respectfully submitted,
Ted Benavides
Prepared by: City Manager
t
4 Do na Bateman
Senior Planning Technician
Approved by:
ell
Frank Rob4bbnn s , AICP
U
Director Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Draft Planning and Zoning Commission Minutes from July 24, 19%.
Attachment #3: Ordinance.
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ATTACHMENT 1
PLANNING AND ZONING COMMIti510N REPORT
CASE #Z-96-023
July 24, 1996
GENERAL INFORMATION
Applicant: City of Denton
221 N, Elm Street
Denton, TX 76201
Owners: David G. Reeder Michael A. Vannest
2014 Golf Court 2020 Golf Court
Denton, TX 76205 Denton, TX 76205
Gunnar Philipp Robert S. Morris
2024 Golf Court 2030 Golf Court
Canton, TX 76205 Denton, TX 76205
Action Requested: Rezoning from the Multi Family 2 (MF-2) zoning district to the Single
Family 7 (SF-7) zoning district.
Location and Size: The subject property consists of the western half of Lots 6 through 9,
Block A, of the Willowwood Addition located on Golf Court, west of
Wisteria and north of Willowwood.
Surrounding Land Use and Zoning:
North: Single Family Residential; SF-7
South: Single Family Residential; SF-7
East: Single Family Residential; SF-7
West: University of North Texas Golf Course; MP-2
Denton Development Plan (DDP): Low Intensity Area #99 (128% allocated)
SPECIAL INFORMATION:
The property Is platted and no public improvements are needed to support this rezoning.
BACKGROUND:
The subject property was zoned with the 1969 Zoning reap. In 1996, staff discovered that
the zoning boundary did not follow lot lines for the lots on the west side of Highland Park
Road and rxNrth of Willowwood (see attachment 1). The case was brought before the
Planning and Zoning Commission on June 26, 1996, The Planning and Zoning
Commission directed staff to initiate the zoning case for the four lots.
NOTICEI
Twenty three (23) property owners were notified of the request on July 9, 1996. Six (6)
reply forms have been returned in favor and none in opposition.
Planning and Zoning Commission Report
Z-96-023
Page 2
ANALYSIS:
The table below will provide a summary of the Plan related analysis for this rezoning:
enton eve opment an
Policy Analysis Summary
h Low Intensity Area
POLICY COMMENTS Development Rating vs. Policy
consist
ignikkantlt y So inconsistent
o be consistent whh the Phan, a
opnwnt should not exceed No The intently will not change.
ocdad intensity, x
aka plan control within 1.000 tell of There Is residortof uce within 1,000 fed
law dem ty reeldertlal, d the prc;acL
X
reffic design to insure rivet Muhl-Famgy
Non -Real dorm uses hove scows to
s or 10%- artarisde with no direct Not applicable.
s through rookie-" abode.
IcWd green space, recrodional The property is already developed as
ecHill end dimsity d Demos are single family housing with the U.N.T. Goff
Ova' C-urea Immediately behind L60 Iota. X
"Put NO Pt&W*v by neighborhood A neighborhood muting was not hold
socWk)ne and COuncils Is encouraged, since the rezoning would not affect the
adstirp uso. X
etghb
raged, service canter is Not epplicebla,
raredion
Nd eppticabla,
farm OF continuous strip commwclal
evelopnwnt is strongly discouraged in or Not applicable,
low Wtenalry we" I
The eubJed property is in a low intensity
oedion area with residential development
"aft The zoning charge will nd
Impact the edstJrv~ public fackiss or x
Jrrfrastnrcturs.
opography Not applicable since ri» property is
deveto?sd,
ow Inhnstly Ate defined . The primary purpose of riwsa saes b to ensure the overall land ut d
ha Overall density and W Unity. Further fhdso areas ropreserk primary housing areas In the City d Damon Thus. ewe areas should
asit@ leakier" use instead of a rnWure of residential and nonresidential.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of this request.
I
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Planning and Zoning Commission Report
Z-96-M
Page 3
ALTERNATIVES:
1, Deny the request.
2. Approve the request as submitted.
3. Approve the request with other conditions.
4. Postpone Consideration.
ATTACHMENTS:
1. Zoning/Location Map.
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ATTACHMENT 1
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9
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2 mom
t 2
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1
SF-7
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SITE
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116
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I
ATTACHMENT 2
P&Z Minutes j T
Jmy ul
y 24, 1996 II~iJ Page 10
RAF
V. Hold a public hearing and consider the rezoning of rots 6-9, Block A of the Willowwood Addition
from the MuN Family-2 (MF-2) zoning disc t to the Single Family 7 (SF-7) zoning district. This
is located on the west side of Golf Court, north of Willowwood. (Z-96-023)
Ms. Russell opened the public hearing.
Ms. Bateman: This is the zoning cleanup that you saw back in June. We notified twenty-three
property owners and we have received six reply forms in favor. This is the City initiated request to
clean up the zoning. The zoning line was inadvertently drawn and was not drawn along property
lines. We do not know why it was done that way.
Ms. Russell: Is there anyone to speak in favor? Is there anyone to speak in opposition? We will
close the public hearing.
Ms. Schertz: I move we recommend approval of case Z-96423.
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
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296073.ord
ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE MULTI-FAMILY TWO (MF-2) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO THE SINGLE-FAMILY SEVEN (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR PORTIONS OF LAND LOCATED
WITHIN LOTS SIX THROUGH NINE, BLOCK A, OF THE WILLOWWOOD ADDITION,
LOCATED ON GOLF COURT, WEST OF WISTERIA AND NORTH OF WILLOWWOOD;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, to resolve a zoning map inconsistency, the Planning
and Zoning Commission, pursuant to §35-7(a) of the Code of
Ordinances of the City of Denton, Texas, on its own motion,
instituted a study and proposal for a zoning amendment in the
public ir. erest for portions of land within the Willowwood
Addition, from the Multi-Family Two (MF-2) zoning district class i.-
fication and use designation to the Single-Family Seven (SF-7)
zoning district classification and use designation; and
WHEREAS, on July 24, 1996, the Planning and Zoning Commission
reviewed the results of the study and 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 HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of any and all portions of lots 6-9, Block A of the
Willowwood Addition which are currently zoned as Multi-Family Two
(MF-2), are hereby changed to the Single-Family Seven (SF-7) zoning
district classification and use designation, under the compre-
hensive zoning ordinance of the City of Denton, Texas, such that
all portions of said lots shall bear the zoning district classifi-
cation and use designation of Single-Family Seven (SF-7).
SECTION a. That the City's official zoning map is hereby
amended to show the change in zoning district classification.
SECTION Imo. 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
7
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published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of 1936.
ATTEST: JACK MILLER, MAYOR
JENNIFER WALTERS, CITY SECRETARY
p
BY:r
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY l
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PAGE 2
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DATE: August 20, 1W Agehde No, -
Agenda Item
CITY COUNCIL REPORT FORMAT Date
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing and consider an ordinance to rezone .82 acres from the
General Retail (GR) zoning distr'ct to the Commercial conditioned (C(c)) zoning
f district. This tract is located on the south side of University Drive, approximately 135
feet east of Primrose and Is Also known as 1815 W. University Drive.
RECOMM NDATION-
The Planning and Zoning Commission recommended approval of the rezoning request
(7-0) at its meeting on July 24,19M.
S MM :
See Planning and Zoning Commission Report.
N-CKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED
Not applicable.
FISCAL IMPACT,
None.
Respectfully submitted,
Prepared by: Ted 8enavides
City Manager
*Dona Bateman
Senior Planning Technician
App oved by:
c/
l~
Frank Robbins, AICP
Director Planning and Devefopment
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Draft Planning and Zoning Commission Minutes from July 24, 1996.
Attachment #3: Ordinance.
„
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
CASE #Z-96-020
July 24, 1996
GENERAL INFORMATION
Applicant: Mr. Ron Yeary
William Waugh Company
9090 Skillman Suite 2000
Dallas, TX 75243
Owner. William Waugh Company
9090 Skillman Suite 2000
Dallas, TX 75243
Action Requested: Rezoning from the General Retail (GR) zoning district to the Commercial
conditioned (C[c]) zoning district.
Location and Size: The subject property consists of a .82 acre tract located on University,
approximately one hundred and thirty five (135) feet east of Primrose.
Surrounding Land Use and Zoning:
North: University Drive
South: Single family subdivision; Single Family 7 (SF-7)
East: Long John's Silver; General Retail (GR)
West: Vacant Service Station; General Retail (GR)
1214 Primrose - American Music Service Distributor
Denton Development Plan (DDP): Moderate Activity Center #24 (1486/6 allocated)
SPECIAL INFORMATION:
The property was platted as part of the Westchester Park Addition. The existing plat does
not show the property In its current configuration. Thus, platting would be required if the
applicant wanted to redevelop the property. No new public improvements are needed to
support this rezoning, however, since the building has been vacant more than six (6)
months, the driveway access will need to be brought up to current standards prior to the
issuance of a certificate of occupancy. This will require the closure of one driveway as two
are not allowed under the current ordinance.
BACKGROUND:
The property was zoned General Retail (GR) with the 1969 zoning map.
NOTICE:
Twenty seven (27) property owners were notified of the request prior to the sdiieduled
Planning and Zoning Commission meeting of July 10, 1996. There were two reply forms
returned in favor any three in opposition. On July 1, 1996 the applicant requested to
postpone the hearing until the next scheduled meeting (July 24th) so that neighborhood
concerns could be addressed. Staff renotified the twenty seven (27) property owners on
July 2, 1996. There was one reply form returned in favor, two in opposition.
9
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Planning and Zoning Commission Report
Case #Z-96-M
Page 2
ANALYSIS:
The table below will provide a summary of the Denton Development Plan as well as
analysis,.
Denton Development an
Policy Analysis Summary
Moderate Intensity Area
Development Rating vs. Policy
POLICY COMMENTS SigrAcamly somewhd cooslstert
Inconsm" Inconsistent
Allocded Intensity aceordkq to zonkq
o be consistent with the Plan, a - W Intarwity trips
opnwt should not exceed as Intensity according to moderate density X
sted ktensdy, wee - 287 Intensity trips
intensity of proposal - 537 Intensity trips
Then are residential uses immediately to
as plan review and design control with the south of the proposed property. No X
backs, parking, buMerkV. and sae plan proposed. Recommended
andecaping requlrernerts, v esnkV and Ughiing
conditions,
ncourage diversity on major arterials X
(commercial nodes broken up by high
amity housing, of se. ate.)
lecoufaging unsightly and hazardous SUR recommends the existing X
commercW by requiring sign larxfscaping end bufrerkV to adjacent
sebiotlons, bulfwft by grsenbe8s r"Idifntial lots be mektakNd.
or lardscaping.
Total acreage: W 39
elaVrstaA lend us" shell be Defeo
Imaed to 1/3 of the total acreage of the Oommereial7 scrape Qrxludkq X
proposal): 105 73 ecrw
state center. 113 acreage 115.63 acree
clOretall land uses shall be
oufaged In not more than three Not applicabla
omen of an Mersection.
A neighborhood meeting was held on X
eighborhood Input July 17, 1M.
idersts Activity Center Ddined - These are located about a mile spart tl the Intersection of and abutting major thoroughfare. They
e intended to am@ as mkd-town centers with mixed use devel marts. However. the Univerallty Drive moderate erne Is a etrl .
RECOMMENDATION;
The Planning and Zoning Commission recommends approval of this request with the
following conditions:
1. Lighting of the property shall be designed and maintained so as not to shine on, or
otherwise disturb, surrounding residential property.
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Planning and Zoning Commission Report
Case #Z-96-020
Page 3
BECOI#MENDATION (rontinuedl:
2. No direct lighting to adjacent residential properties.
3. No exterior lighting within twenty five (25) feet of the south property line.
4. EWsting fencing (screening) on property be maintained.
5. Existing landscaping on property be maintained.
6. Limit the allowed uses as shown in Attachment 1.
ALTERNADW&
1. Deny the request.
2. Approve the request as submitted.
3. Approve the request with other conditions.
4. Postpone consideration.
ATTACHMENTS:
1. General Retail/Commerclal Comparison Chart.
2. Site Map.
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ATTACHMENT 1
General Retail / Com e9cia?USe COmparison Chart
I~ USE GENERAL RETAIL. COMMERCIAL PROPOSAL
DISTRICT DISTRICT SUBMITTED
One Family Dwelling Restricted
, Allowed Allowed Allowed
Community Unit Development
Allowed Mowed Not Allowed
Dormitory, Boarding or Rooming House
Mowed Allowed Allowed
Hotel or Motel
Allowed Allowed Not Allowed
Trailer Camp Of Mobile Home Park
Not Allowed SUP Required SUP Required
Art Gallery or Museum
Allowed Allowed
Cemetery or Mausoleum 'vlo~
SUP Required Allowed Allowed
Church or Rectory Allowed Allowed Allowed
Col1e9e Of University or Private Schoo►
Allowed Allowed
Community Cantor (Public) Allowed
Day Camp Allowed Allowed Allowed
Not Allowed Allowed
Day Nursery or IGndergarten School Allowed
Allowed Allowed Allowed
Fraternity, Sorority, Lodge or Civic Club
SUP Required SUP Required SUP Required
Group Homes
Hallway }{Dose Allowed Allowed Allowed
Allowed Allowed Allowed
Home for care of alcoholic, narcotic or psychiatric
patients A''owed Allowed
Allowed
Hospital (General Acute Care)
Allowed Allowed Allowed
Hospital (Chronic Care)
Allowed Allowed Allowed
Institutions of Religious or Philanthropic Nature
Allowed Allowed
Library (Public) Allowed
Allowed Allowed Mowed
Monastery or Convent
Allowed Allowed Allowed
Nursing Home or Residence Home for Aged
Allowed Allowed Allowed
Occasional Sales
Allowed Allowed Allowed
Park, Playground Of Public Community Center
Mowed Allowed Allowed
School, Private Primary or Secondary
Allowed Allowed Allowed
School, Public or Denominational
Allowed Allowed Allowed
School, Business or Trade "
Allowed Allowed
Accessory Building Allowed
Allowed Allowed
Allowed
a
USE RI
E COMMERCIAL PROPOSAL
TAIL
DISTRICT DISTRICT SUBMITTED
Community Center (Private)
Allowed Allowed
~ Electrical Generating Plant Allowed
Electrical Substation Not Allowed SUP Required SUP Required
f]ectrical Transmission Une Allowed Allowed Allowed
Fire Station or Similar Public Safety Building Allowed Allowed Allowed
Gas Transmission Una and Metering Station Allowed Allowed Allowed
Nome Occupation Allowed Allowed Allowed
Off-Street Remote Parking Allowed Allowed Allowed
Private Utility Shop Of Storage Yard Allowed Allowed Allowed
Public; Building, Shop, Yard of Local, State or Federal SUP Required SUP Required SUP Required
Government SUP Required
Allowed Allowed
Radio and Television or Microwave Tower
Sewage Pumping Station Allowed Allowed
Allowed
Sewage Treatment Plant Allowed Alloy Allowed
S
wimming Pool (Private} SUP Required SUP Required SUP Required
Telephone, Business Office Allowed Allowed Allowed
Telephone Una and Exchange Switching or Relay Allowed Allowed
Allowed
Station
Allowed Allowed
Water Reservoir, Water Pumping Station or Well Allowed
Allowed
Water Treatment Plant Allowed Allowed
Amusement, Commercial (Outdoor) SUP Required Allowed Allowed
Amusement, Commorclef (Indoor) Not Allowed Allowed Not Allowed
Country Club (Private) with Goff Course Mowed Allowed Allowed
DAnC0 Nall Of Nightclub Allowed Allowed
Allowed
Drag Strip or Commercial Racing Allowed Allowed
Not Allowed
Fairground or Exhibhion Area Not Allowed SUP Required Not Allowed
Go-Cart Track SUP Requlred Allowed
Allowed
Golf Course (Public) Not Allowed SUP Required Net Allowed
Goff Course (Commercial) Allowed Allowed
Allowed
Park or Playground (Public) Not Allowed Allowed
Allowed
Playffeld Of Stadium (Public) Allowed Allowed
Allowed
Addeo Grounds Allowed Allowed
Allowed
Not Allowed Allowed
/ fJot Allowed
USE GENERAL COMMERCIAL PROPOSAL
RETAIL DISTRICT SUBMITTED
DISTRICT
Roller or Ice Skating Rink Not Allowed
Allowed Not Allowed
Sexually Oriented Business Allowed
Allowed Not Allowed
Stable, Private Club SUP Required Allowed
Allowed
Stable, Commercial Rental Not Allowed
Allowed AlW"d
Stable, Boarding Not Allowed
Allowed Allowed
Swim or Tennis Club Allowed
Allowed Mowed
-
Theater, Drive In SUP Required Allowed
Not Allowed
Theater, Other Than Drive In Type Allowed
Allowed Allowed
Airport Landing Field or Heliport SUP Required Allowed Not Allowed
Bus Station or Terminal Not Allowed
Allowed Not Allowed
Hauling or Storage Company Not Allowed Allowed
Not Allowed
Motor Freight Terminal Not Allowed
Allowed Not Allowed
Railroad Freight Terminal Not Allowed
Allowed Not Allowed
Railroad Passenger Station Allowed
Allowed Not Allowed
Railroad Track or Right-of-Way Allowed
Allowed Not Allowed
Railroad Team Track Not Allowed
Allowed Not Allowed
Truck Parking Lot Not Allowed
i Allowed Not Allowed
Parking Lot or Structure (Commercial) Allowed
Allowed Allowed
Auto Laundry Allowed
Allowed Allowed
Auto Painting and Body Repair Not Allowed
Allowed Not Allowed
Auto as and Aspair (In Building) Allowed
Allowed Allowed
Gasoline Service Station Allowed
Allowed Allowed
New Auto Parts Solos Store Allowed
Allowed Allowed
Now or Used Car Sales Lot (In Open) Not Allowed
Allowed Allowed
Seat Cover and Muffler Installation Shop Not Allowed
Allowed Not Allowed
Tire Retreading or Capping Not Allowed
Allowed Not Allowed
Used Auto Parts Safes (In Building) Not Allowed
Allowed Allowed
Antique Shop Allowed
Allowed Allowed
Bakery or Confectionery Shop (Retail) Allowed
Allowed Allowed
Cafeteria Allowed
Allowed Allowed
Cfeaning and Pressing Small Shop and Pickup Allowed
Allowed Not Allowed
Custom Personal Service Shop Allowed
Allowed Allowed
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GENERAL
USE RETAIL COMMERCIAL PROPOSAL
DISTRICT DISTRICT SUBMITTED
Drapery, Needlework or Weaving Shop Allowed Allowed Allowed
Florist or Garden Shop Allowed Allowed
Allowed
Greenhouse or Plant Nursery (Retail) Allowed Allowed
Allowed
Handicraft Shop Allowed Allowed
Allowed
Household Appliance Service and Repair Allowed Allowed
Not Allowed
Laundry or Cleaning Self-Service Allowed Allowed
Allowed
Mimeograph, Stationary or Letter Shop Allowed Allowed
Allowed
Mortuary or Funeral Parlor Allowed Allowed
Allowed
Offices, Professional and Administrative Allowed Allowed
Allowed
Off-Promises Sale of Beer and/or Wine Allowed Allowed
Allowed
On-Premiws Sale of Beer and/or Wine Allowed Allowed
Allowed
Licensed Private Club Allowed Allowed
Not Allowed
Pawn Shop Not Allowed Allowed
Allowed
Restaurant Allowed Allowed
Allowed
Retail Stores and Shops 4,000 sq. fL or less Allowed Allowed
Allowed
Retail Stores and Shops 4,000 sq. ft. or more Allowed Allowed
Allowed
Studio for Photographer, Musician, Artist or Health Allowed Allowed
Allowed
Secondhand Store, Used Furniture or Rummage Sale Not Allowed Allowed
Allowed
Toot or Trailer Rents] Not Allowed Allowed
4 Allowed
Animal Pound (Public or Private) Not Allowed SUP Requlred Not Allowed
Animal Clinic or Hospital (No outside runs or pens) Allowed Allowed
Allowed
Anlmat Clinic or Hospital (With outside runs or pens) Not AUowed Allowed Not Allowed
Farm or Ranch Allowed
Allowed Allowed
Greenhouse or Plant Nursery Allowed Allowed
Allowed
Hatchery, Poultry Not Allowed
Allowed Not Allowed
Bakery (Wholesale) Not Allowed Allowed Not Allowed
Building Material Sales Not Allowed Allowed
Allowed
Cabinet and Upholstery Shop Not Allowed Allowed
Not Allowed
Cleaning and Dyaing Plant (Commercieq Not Allowed Allowed Not Allowed
Cleaning Plant, Sags or Carpets (Spacial Equipment) Not Allowed Allowed
Not Allowed
Clothing Manufacture or Light Compounding or
Fabrication Not Allowed Allowed Not Allowed
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USE GENERAL COMMERCIAL PROPOSAL
RETAIL DISTRICT SUBMITTED
DISTRICT
Contractors Shop end Storage Yard Not Allowed
Allowed Allowed
Engine and Motor Repairing Not Allowed
Alrowed Not Allowed
Feed Store Not Allowed
Glowed Allowed
Flea Market Not Allowed
SUP Required SUP Required
Heavy Machinery Sales and Storage Not slowed
Allowed Not Glowed
Job Printing or Newspaper Printing Not Allow od
Allowed Not Allowed
Laundry Plant (Commercial) Not slowed
Allowed Not Glowed
Milk Depot, Dairy or Ice Cream Plant Not slowed
slowed Not slowed
Paint Shop Not abwad
Glowed Allowed
Plumbing Shop Not Allowed
Allowed Allowed
Sclentifk or Research Laboratories Not Allowed
Allowed Allowed
Storage and Sales of Furniture or Appliances Outside
a Building Not Allowed Allowed Not slowed
Storage or Salon Warehouse Not Allowed
Glowed Allowed
Trailer Rental or Sties Not Allowed
Allowed Allowed
Transfer, Storage and Baggage Terminal Not Allowed
slowed Not Allowed
Wholesale Office and Sample Room Not Allowed
Allowed Allowed
Extraction and Storage of Sand, Calbhe, Stone, Clay
or Gravel Not Allowed SUP Required Not Allowed
Mbdng and Sale of Concrete Not Allowed
SUP Required Not slowed
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Z-96'O2O 19 ATTACHMENT 2 f
1815 W. UNIVERSITY Q a
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1422
- - - -
+1117 181
1i +
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0 +177 ,42e 1123 1416 i~ 1411
° O,
I; mum
e 1400
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ATTACHMENT 2
P&Z Minutes
July 24, 1996 D R AF T
Page 1 1 11
VI. Hold a public hearing and consider the rezoning of a .82 acre tract from the General Retail (GR)
zoning district to the Commercial conditioned (C[c]) zoning district. This tract is located on the south
side of University Drive, approximately 200 feet east of Primrose. (Z-96-020)
Ms. Russell opened the public hearing.
Ms. Bateman: This rezoning request is at the location that was the Taco Bueno on University. It is
in a moderate activity center which is a hundred and forty-eight percent allocated. The property was
platted as pan of the Westchester Park Addition. The existing plat does not show the property in its
current configuration, therefore any redevelopment of the property will require the property to be
replatted. No new public improvements are needed to support this rezoning, however since the
building has been vacant for more than six months the driveway access will need to be brought up
to current standards prior to the issuance of a certificate of occupancy. This will require the closure
of one of the two existing driveways. The property is zoned General Retail and has been since the
1969 zoning map. We notified twenty-seven property owners. I would like to state that one property
owner that was opposed came in right before the meeting started with a revised reply form saying that
she was in favor and that is included in the reply folder. We are below the 20% rule on this. When
we notified for the meeting in July we received two reply forms in favor and three in opposition.
There was a neighborhood meeting held and we renotified the property owners and from that mailing
we received one reply in favor and two in opposition. The final count is three in favor and three
opposed. When reviewing the criteria for the moderate intensity area we find that this is consistent
with the Denton Development Plan. We have several recommendations and in your backup I have
provided a chart that shows what is currently allowed in the General Retail zoning district and the
li Commercial zoning district and what this proposal would allow. As you will note there are several
uses that are allowed in both the General Retail and the Commercial zoning district but that will not
be allowed in this proposal. Staff recommends approval of the request with five conditions. The
conditions are that, (1) the lighting of the property be designed and maintained so that it does not
disturb the surrounding residential property, (2) no direct lighting to the adjacent residential
properties, (3) no .xterior lighting within twenty-five feet of the south property line, (4) that the
existing fencing and screening on the property be maintained, and (5) that the existing landscaping
be maintained as well.
Ms. Schertz: When we were reviewing the opposition it seemed like a car lot was mentioned a lot,
could you address that?
Ms. Bateman: The applicant is proposing to u-e the property for a used car lot and they will use the
existing building for office space.
Mr. Powell: What landscaping is there?
Ms. Bateman: There are approximately four to rive trees, as well as some grass area. There is also
a ten or fifteen foot buffer area in the back that is landscaped.
Ms. Powell: Where did that condition come from?
/A
P&Z Minutes DRAFT
July 24, 1996
Page 12
Ms. Bateman: That condition came from staff. They will not need to get a building permit or a
parking lot permit so they won't have to abide by the landscape ordinance. We wanted to make sure
that they maintained the landscaping that is out there. The trees that are out there are not protected
trees, they are not large enough, so this will protect what is out there.
Ms. Schertz: Have these conditions been discussed with the applicant?
Ms. Bateman: Yes.
Ms. Russell: Would the petitioner care to speak?
Mr. Ron Yeary: My name is Ron Yeary and i am a representative for the owner, William R. Waugh,
and it is actually in a trust for his children. He developed Taco Bueno back in the 60's and when he
sold the business he kept several properties throughout Texas be and Oklahoma. e have Bueno, moved
the
down the street about a year and half ago and the property has property with restaurant brokers and have been unsuccessful in getting the right tenant in there. First
Fidelity Acceptance Corp., which is a lending institution specializing in automobiles, came to us and
we are going to lease the property to them for five years in hopes that some time in the future we will
be able to go back in with a restaurant. This is a temporary use. This will not be your typical car
lot, the cars will be between one to three years old, this will ill be their blue chip lot. They will have
a sales staff of about three people and some support
Mr. Powell: This is a retail establishment, why are we changing it to Commercial?
Ms. Bateman: An automobile sales lot is not allowed in the General Retail zoning district. It is
allowed inside a building but it is not allowed outside.
Ms. Schertz: Are you okay with the conditions?
Mr. Yeary: Yes. We certainly have enjoyed working with the staff here in the City of Denton and
we would be available to make any other conditions on the property. We met with the homeowners
that showed up and told them the same things. We want to maintain the property and having people
on the property is important to us.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in
opposition? We will close the public hearing.
Mr. Jones: I move we recommend approval of Z-46-020 with the conditions recommended by staff.
Ms. Schertz: Second.
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed
same sign. Approved. (7-0)
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ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE GENERAL RETAIL (OR) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE COMMERCIAL CONDITIONED (C[c)) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.82 ACRES OF LAND LOCATED
AT 1815 W. UNIVERSITY DRIVE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Ron Yeary initiated a change in zoning for 0.82 acres
of land from the General Retail (GR) zoning district classification
and use designation to the Commercial Conditioned (C[c)) zoning
district classification and use designation; and
WHEREAS, on July 24, 1996, the Planning and Zoning Commission
recommended approval of the requested 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 HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 0.82 acres of land legally described as shown in
Exhibit 1, attached hereto and incorporated herein by reference, is
changed from the General Retail (GR) zoning district and use
classification to the Commercial Conditioned (C[c)) zoning district
classification and use designation under the comprehensive zoning
ordinance of the City of Denton, Texas, subject to the following
conditions:
1. That any lighting on the property shall be designed and
maintained so as not to shine on, or otherwise disturb
surrounding residential property.
2. Exterior lighting is prohibited within twenty-five feet
of the south property line.
3. Owner and occupants shall maintain all existing fencing
and screening on the property.
4. Owner and occupants shall maintain all existing landscap-
ing on the property.
5. That the uses described in Exhibit 2, attached hereto and
incorporated by reference herein, are prohibited.
SECTION II. That the City's official zoning map is amended to
show the change in zoning district classification.
/.3.
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SECTION III, That any person violating any provision of this
ordinance shall, upon conviction, be mined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
53_CTLON Iy. 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
published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY j~
PAGE 2
~y.
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JLL-29-1996 16:31 CITY OF DENTON Ft.PMING P,02/02
rte.
LEGAL DESCRIPTION
Befng'that area commonly known as ISIS W, University,
Denton,'Texas 162011 and more fully described as all
that certain tract or parcel of land situated on the
South side of State Highway 24 (University Drive) in
the City of Denton,-Texas,-being part of Olock "B',
of Westchester Park Addition to said City as shown
byy the plat thereof, recorded in Volume 2, Page 1360
P1at'records of said County, and being more particu-
larly described as follows:
BEGINNING at a steel' pin on the South right-of-way
said Highway which is the North line of Block 8,
at a point S, $9u.381 E. 150,0 feet from the North-
west corner of said Block B, which is on the fast
line of Primross lane;
THENCE South 89 33' E, 200 feet to a steel pin;
THENCE South 00 06' E. 119,01 feet to a steel pin;
THENCE west 20O A0 feet to a steel pin;
THENCE North 06 06' W. 180,29 feet to the place of
beginning, containing in all 35,930 square feet,
EXHIBIT
F
EXHIBIT 2
PROHIBITED USES
Community Unit Development Hotel or Motel
Amusement, Commercial (Outdoor) Dance Hall or NighLCiub
Rodeo Grounds Roller or ice Skating Rink
Sexually Oriented Business Theater, Drive-in
Airport Landing Field or Heliport Bus Station or Terminal
Hauling or Storage Company Motor Freight Terminal
Railroad Freight Terminal Railroad Passenger Station
Railroad Track or Right-of-Way Railroad Team Track
Truck Parking Lot Auto Painting and Body Repair
Seat Cover and Muffler Installation Shop Tire Retreading or Capping
Cleaning and Pressing Small Shop and Pickup Household Appliance Service
Licensed Private Club and Repair
Animal Clinic, Hospital or Kennel Hatchery, Poultry
(with outside runs or pens) Bakery (Wholesale)
Cabinet and Upholstery Shop Cleaning and Dyeing Plant
Cleaning Plant, Bags or Carpets (Special Equipment) (Commercial)
Clothing Manufacture or Light Compounding Engine and Motor Repairing
or Fabrication Hea,ry Machinery Sales and
Job Printing or Newspaper Printing Storage
Laundry Plant (Commercial)
Milk Depot, Dairy, or Ice Cream Plant
Storage and Sales of Furniture or Appliances (Outside a Building)
Transfer, Storage and Baggage Terminal
PROHIBITED SPECIFIC USE PERMIT USES
Strip or Commercial Racing
Go Cart Track
Animal Pound (Public or Private)
Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel
Mixing and Sale of Concrete
OTHER CONDITIONS
• Lighting of the property shall be designed and maintained so as not to shine on, or
otherwise disturb, surrounding residential property.
• No direct lighting to adjacent residential properties.
• No exterior lighting within twenty five (25) feet of the south property line,
• Existing fencing (screening) on property be maintained.
• Existing landscaping on property be maintained.
/6.
7
Agenda No,
_
Agenda Item
Date - Q-
DATE: August 20, 1996
CITY CO[1N~ o~*, nnn~•
TO: Mayor and Memb,:rs of City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing with regard to the proposed annexation of a 29.115 acre tract
located north of Blagg Road and east of Geesling Road and give direction to staff.
(A-73)
RECOMME"AMM
The Planning and Zoning Commission is scheduled to consider this item on August
28, 1996.
~AQ.Yt
The city proposes to annex a 29.115 acre tract located north of Blagg Road and
approximately 2000 feet east of Geesling Road as shown on site map included in
attachment #1. This is the second of two public hearings scheduled with regard to
the proposed annexation. (See attachment #2). The land owner has been notified of
the scheduled public hearings and the required public notice was published in the
Benton Record Chronicle on August 9, 1996.
The purpose of the public hearing is to allow interested persons to appear before the
City Council and give comments with regard to the proposed annexation. The
annexed area will be provided with city services in accordance wih a service plan
included in attachment 0.
BACKGROUND,
City Council held a study session with regard to the proposed annexation on June 25,
1996 and directed staff to proceed. On July 2, 1996, City Council approved a
schedule setting the dates and time for public hearings with regard to the proposed
annexation. The first public hearing was held on August 6, 1996 and no one spoke
in opposition to the proposed annexation.
P$OGRAMS D ~ PARTMENTS OR GRO JP4 AFp CTt'n
All city service departments including Police, Fire and EMS, Engineering, Utilities,
Solid Waste, Parks and Recreation, Library, Planning and Development, Animal
1
Control and Environmental Health.
FISCAL IMPACT:
A fiscal impact analysis showed that the City will collect a total revenue of $49,565
over a 10 year period and expend an estimated $53,513 for municipal services over
the same period, accounting for a net loss of $3,948.
1
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Harry H. P aud, MRTPI, AICP
Senior Planner
App ov
4 i
Franlt H. obbin , AICP
Director, Planning and Development
ATTACHMENM
(1) Site map and legal description for a 29.115 acre tract located north of Blagg and east of
Ocesling Road
(2) Annexation schedule.
(3) Service plan
2
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ATTACHMENT I
Page 1
B.F.E. SYSTEMS ADDITION
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ATTACHMENT 1
Page 2
EXHIBIT A
ALL that certain lot, tract, or parcel of land lying and being situated in the COUNTY OF DENTON,
STATE OF TEXAS in the MOrreau Forrest Survey Abstract Number 417.
BEGINNING at an iron rod found for comer in the most westerly west line of that certain tract of land
conveyed by deed from Bass Land & Cattle Incorporated to Dieter Schwarz, recorded under Clerk's
Number 94-110045817, Real Property Records, Denton County, Texas, said
corner of that certain tract of land conveyed by deed from JBT Holding to Johpnt the n PowelgWalkerr recorded
under Clerk's File Number 93-R0034125, Rea! Property Records, Denton County, Texas;
THENCE S 02° 46'04" W, 185.95 feet with said west line of said Schwarz tract to a fence corner for
comer;
THENCE S 58° 52'24" E, 827.11 feet with a southwest line of said Schwarz tract to fence corner set for
corner;
THENCE S 300 41'34" W,470.61 feet to a fence comer for comer in the existing north line of Blagg
Road, a public roadway having a right-of-way of 40.0 feet;
THENCE N 85154'22" W, 515.03 feet with said north line of said Road to a fence comer for corner;
THENCE N 85° 42'04" W, 506.67 feet with said north line of said Road to an iron rod set for
comer;
THENCE N 868 04'30" W, 204.25 feet with said north line of said Road to an iron rod set for comer;
THENCE N 860 1729" W, 172.08 feet with said north line of said Road to an iron rod found for corner;
THENCE N 03° 04' 00" E, 980.18 feet to a fence corner for corner in the south line of that certain tract of
land conveyed by deed from J.B.T. Holding, Inc, to John Powell Walker, recorded under Clerk's File
Number 93-110034125, Rea! Property Records, Denton County, Texas;
THENCE S 89158'54h E, 32.24 feet with said south line of said Walker tract to an iron rod set for
comer,
THENCE S 850 56'00* E, 419.30 feet with said south line of said Walker tract to an iron rod set for
comer;
THENCE S 85° 54' 53" E, 433.79 feet with said south line of said Walker tract to the PLACE OF
BEGINNING and containing 29.115 acres of land of which 0.479 acres is hereby dedicated for public
roadway.
is
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ATTACHMENT # 2
ANNEXATION SC1~Fni li F
June 25, 1996 City Council receives a report and give direction to staff with regard
to the proposed annexation.
July 2, 1996 City Council considers approval of a schedule for public hearings.
July 26, 1996 Notice Published in Denton Record Chronicle for first public hearing.
Service plan is prepared.
August 6, 1996 City Council holds first public hearing.
August 9, 1996 Notice published in Denton Record Chronicle for second public
hearing.
August 20, 1996
City Council holds second public hearing.
August 28, 1996 Planning and Zoning Commission holds a public hearing and
consider making a recommendation to the City Council with regard
to the proposed annexation.
Senlember 10 1996 City oundl inoti rtes ann xatton • n e
ordl~nan e~_
September 13, 1996 Publication of Annexation ordinance in Denton Record Chronicle.
October 15,1996 Final action by City Council. Second reading and adoption of
the Annexation ordinance.
Meetings in bold require 6 out of 7 votes at City Council
City Council special meeting undedlned
S,
7
Attachment #3
SERVICE PLAN (A-73)
CASE A-73
AREA: 29.115 acres
LOCATION: North of Bla Road and East of Geeslin Road.
A. Police S__ ervi ee
L Patrolling, response to calls, and other routine services will be provided on the
effective date of the annexation, using existing personnel and equipment.
2. Upon ultimate development of the area, the same level
provided Of Police services will be
to this area as are furnished to comparable areas within the City.
B. Fire orotsction end FmerQpnc~ Jinni e
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation.
2. Upon ultimate development of the area, the some level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City,
.
C. Water/Wastewater 4 w,
Water and wastewater services will be extended to the property In accordance to
the City's master utility plan and Section 34-11S of the Denton Code of Ordinances.
Developers shall pay the actual cost of all water and sewer main extensions, lift
stations and other necessary facilities required to serve their development In
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City may participate In the cost to oversize water and sewer mains subject to
fund availability and approval of the City Council.
Where water or sewer main extensions, lift stations, force mains or other necessary
facilities are Installed by the developer, the developer shall be entitled to
reimbursement of the cost of such facilities from pro-rata charges paid by persons
connecting to or using such facilities to serve their property, according to the
F
Subdivision and Land Development Regulations.
D.
Solid Waste oft Ott,,,,
1. Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 60 days of the
effective date of annexation.
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall be
provided to this property in accordance with then current policies of the City
as to frequency, charges and so forth.
E. Streets and Rasdc
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on the
effective date of annexation using the standards and level of service as currently
applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, Installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore is determined by the City Council or
Manager, will be accomplished under the established policies of the City.
4. Traffic signals, signage and other traffic control devices will be installed as the
need therefor Is established by appropriate study and traffic standards.
5. Street and road lighting will be installed in the substantially developed areas In
accordance with the established policies of the City.
F. Environmental Health and ode Fnfor MSU
1. Enforcement of the City's environmental health ordinances and regulations
including, but not limited to the grass and weed ordinance, garbage and trash
ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance,
animal control ordinance, and the tree preservation ordinance shall be provided
within this area on the effective date of the annexation. These ordinances and
regulations will be enforced through the use of existing personnel.
2
7
7
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2. Building, plumbing, electrical, gas, and all other construction codes, as may be
adopted by the City, will be enforced within this area beginning with the
effective date of the annexation. Existing personnel will be used to provide these
services.
3. The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation.
4. All inspection services provided by the City of Denton, but not mentioned above,
will be provided to this area beginning on the effective date of the annexation.
Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances of
the City as of the effective date of the annexation.
6. As development and construction commence within this area, sufficleat
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
G.
The zoning jurisdiction of the City will extend to the annexed area on the effective
date of annexation. The tract is to be temporarily zoned Agriculture (A) zoning
district classification at the time of annexation.
YEet'lcs end Recreation Spr.' pd ~
Residents of the newly annexed area may use all recreation facilities, Includin
parks and swimming pools throughout the Ci
tY, on the effectiv
annexation. The same standards and policies a date it theg
now used
ming pCity will be
followed in the maintenance of parks, playgrounds and swimwithin the
g pools.
J. Electrical Distribution
Electrical power will be made available to the site as required, at the same level of
service currently being provided to comparable areas within the City.
K. Miscellan M
Street names and signs will be Installed, if required, approximately six (6) months
after the effective date of annexation.
3
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5
Residents of the newly annexed area may use all publicly owned facilities, buildings
or services within the city on the effective date of the annexation. All publicly
owned facilities, buildings or services will be maintained in accordance with
established standards and policies now used in the City.
L.
The CIP of the City is prioritized by such policy guidelines as:
1. Demand for services as compared to other areas will be based on characteristics
of topography, land utilization, population density, magnitude of problems as
related to comparable areas, established technical standards and professional
studies.
2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CIP improvements in the upcoming CIP
plan. This tract will be considered according to the same established criteria as all
other areas of the City.
4
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Apendo No. 17/0 t1:1A
Agenda item
ale
ust , 1 ~6
DATE: Aug
CITY Coll L RRP(}R F RhuMe•r
TO: Mayor and Members of City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing with regard to the proposed annexation of a 96.78 acre tract
located north of Mingo Road and west of Cooper Creek Road and give direction to
staff. (A-72)
RECO OMEN TION:
The Planning and Toning Commission is scheduled to consider this item on August
28, 1996.
SUMMARY:
Electronic Data Systems Corp. (EDS) has petitioned the City for the annexation of
a 96.85 acre tract located north of Mingo Road and west of Cooper Creek Road as
shown on site map, attachment 41. This is the second of two scheduled public
hearings (See attachment #2). The tract is part of a 239 acre tract owned by EDS,
part of which is located in the City limits. It is intended that the proposed
annexation will include the Cooper Creek United Methodist Church located on the
north west comer of Cooper Creek and Mingo Roads. EDS will apply to the City
for permanent zoning of their entire tract after annexation is completed. The land
owners have been notified of the scheduled public hearings and the required public
notice was published in the Denton Record Chronicle on August 9, 1996.
The purpose of the public hearing is to allow interested persons to appear before the
City Council and give comments with regard to the proposed annexation. City
services will be extended to the annexed area in accordance with a service plan
included in attachment 43.
BACKt,ROUND.
City Council held a study session with regard to the proposed annexation on June 25,
1996 and directed staff to proceed. On July 2, 1996, City Council approved a
schedule setting the dates and time for public hearings with regard to the proposed
annexation. The first public hearing was held on August 6, 1996 and no one spoke
in opposition to the proposed annexation.
1
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I
All city service departments including Police, Fire and EMS, Engineering, Utilities,
Solid Waste, Parks and Recreation, Library, Planning and Development, Animal
Control and Environmental Health.
FISCAL. IMPACT.
Annual maintenance cost for roads is estimated behveen $4,000 and $7,000. The
entire property has a market value of approximately $958,375 and agriculture
exemption appraised value of $22,15&. City tax benefit based on existing land use
is estimated at approximately $120 per year.
Respectful[ submitted:
Ted Benavides
City Manager
Prepared by:
Harry N. ersaud, MRTPI, AICP
Senior Planner
Ap r ved•
rank . Ro ins, AICP
Director, Planning and Development
ATTACH:
(1) Site map and legal description of site.
(2) Annexation schedule.
(3) Service plan
2
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ATTACHMENT 1
Page I ANNEXATION A-72
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ATTACHMENT 1
Page 2
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated in the County of
Denton, State of Texas, being part of the D. Culp Purvey, Abstract Number 287 and
part of the J. Early Survey, Abstract Number 1279 and part of the T. Living Survey,
Abstract Number 729 and being a portion of that 256.974 acre tract of land
described by deed to E.D.S. Engineering Corporation as recorded in Volume 922,
Page 718 of the Deed Records of Denton County, Texas and being all of a 5 acre
tract conveyed to Cooper Creek Methodist Church as recorded in Volume 93, Page
95 of the Deed Records of Denton County, Texas and being the prescribed Cooper
Creek Road right-of-way 56 feet wide) effecting a certain 13.071 acre tract
conveyed to Alan R. Thetford and wife by deed recorded in Volume 2892, Page 933
of the Real Property Records of Denton County, Texas and effecting a certain 12.00
acre tract conveyed to James A. Roden by deed recorded as 93-R0018804 in the Real
Property Records of Denton County, Texas and effecting a certain 5.80 acre tract
conveyed to Kevin M. Kenney and wife by deed recorded in Volume 1051, Page 868
of the Deed Records of Denton County, Texas and effecting a certain 2.5 acre tract
reserved for graveyard, church and school house purposes by deed recorded in
Volume 29, Page 229 of the Deed Records of Denton County, Texas and being more
particularly described as follows:
BEGINNING at a point in the present Denton city limits as established by
Ordinance 82-6, said point also being most southerly southwest comer of a 125.25
acre tract annexed by the City of Denton as established by Ordinance 86.88, said
point also being 600 feet radial from the center line of State Highway Loop 288;
THENCE South 87° 26'24" East along the most southerly south line of said
Ordinance 86-88 annexation and continuing a distance of 2,174.61 feet to a point
for corner, said point being an inner ell corner of the T. Living Survey, Abstract
Number 729 and being the northwest corner of said J. Early Survey, Abstract
Number 1279;
THENCE South 86° I8' East crossing a north south road known as Cooper Creek
Road a distance of 83.95 feet to a point for corner, said point lying on the most
southerly north line of said Thetford tract and being approximately 28' radial from
the centerline of Cooper Creek Road, said point also being the beginning of a curve
to the left whose radius point bears South 74° 54' 17" East a distance of 900 feet,
and whose central angle is 12° 03' 12";
THENCE southwesterly along said curve an arc distance of 189.33 feet to a point for
corner, said point being approximately 28 feet radial from the centerline of Cooper
Creek Road;
THENCE South 03° 02'3 1" West passing at 126.69 feet the south line of said
Thetford tract and the north line of said Roden tract and continuing along the east
F
ATTACHMENT 1
Page 3
right-of-way of Cooper Creek Road passing at 336.14 feet a south line of said Roden
tract and the north line of said ICerlney tract and continuing along the east right-of-
way line of Cooper Creek Road passing at 751.59 feet the south line of said Kenne
tract and the north line of said cemetery tract and continuing along the east right-of-
way line of Cooper Creek Road passing at 997.16 the southwest fence corner of said
cemetery tract and continuing a total distance of 1,019.67 feet to a pointfor corner,
said point lying on the north line of a 9.2154 acre tract annexed by the City of
Denton as established by Ordinance 87-187, said point also lying on the north line
of the M. Forrest Survey, Abstract Number 417;
THENCE North 88° 54' 44" West along said lines and Cooper Creek Road passing at
28.40 feet the a southeast corner of said E.D.S. Engineering Corporation and being
the outer ell corner of the J. Early Survey, Abstract Number 1279 and continuing a
total distance of 224.46 feet to a point for corner, said point being the northwest
corner of said M. Forrest Survey, Abstract Number 417;
THENCE South 01° 05'53" West along the existing Denton city limits line(Ord. 87-
187) and the east line of said M. Forrest Survey, Abstract Number 417 and a west
line of said J. Early Survey, Abstract Number 1279 and along Cooper Creek Road a
distance of 785.87 feet to a point for corner, said point lying on the north right-of-
way line of the Texas and Pacific Railroad and also being the corner of a tract
annexed by the City of Denton as established by Ordinance 65-43;
THENCE South 69° 30' 11" West along the existing Denton city limits line(Ord. 65-
43) same being the north right-of-way line of the Texas and Pacific Railroad a
distance of 1,691.41 feet to a point for corner, said point lying 600 feet east of and
perpendicular to the center line of State Highway Loop 288, said point also being
the most southerly southeast corner of a tract annexed by the City of Denton as
established by Ordinance 82.6;
THENCE North 00° 33'53" East along the existing Denton city limits line (Ord. 82-
6) 600 feet east of and parallel to said center line of State Highway Loop 288 a
distance of 896.14 feet (called 907.42 feet in Ord. 82.6) to a point for corner, said
point being the beginning of a curve to the left whose radius point bears North 89°
26'07" West a distance of 4,419.72 feet and whose central angle is 23° 46' 11";
THENCE northwesterly along said curve 600 feet northeast of and parallel to the
center line of State Highway Loop 288 and along the existing Denton city limits
(Ord. 82-6) an arc length of 1,833.56 feet to the POINT OF BEGINNING and
containing 96.78 acres of land.
annW.wpd 6.25-96
S
ATTACHMENT 2
AhWXAUQ S t MD =
June 25, 1996 City Council receives a report and give direction to staff with regard
to the proposed annexation.
July 2, 1996 City Council considers approval of a schedule for public hearings.
July 26, 1996 Notice published in Benton Record Chronicle for first public hearing.
Service plan is prepared.
August 6, 1996 City Council holds first public hearing.
August 9, 1996 Notice published in Denton Record Chronicle for second public
hearing.
August 20, 1996 City Council holds second public hearing.
August 28, 1996 Planning and Zoning Commission holds a public hearing and
consider making a recommendation to the City Council with regard
to the proposed annexation.
City ouncil inotit~tes annevaHnn . n , -
l nn ~ofln
September 13, 1996 Publication of Annexation ordinance in Denton Record Chronicle.
October 15, 1996 Final action by City Council. Second reading and adoption of
the Annexation ordinance.
Meetings in bold require 6 out of 7 votes at City Council
City Council special meeting underlined
6.
l
Attachment #3
SERVICE PLAN (A-72)
CASE A-72
AREA: 96.78 acres
LOCATION: North of in go Road and West of Cooper Creek Road.
A. Pell rvi P.
1. Patrolling, response to calls, and other routine services will be provided on the
effective date of the annexation, using existing personnel and equipment.
2. Upon ultimate development of the area, the same level of police services will be
provided to this area as are furnished to comparable areas within the City.
B. Fire Alg~gction and Emergg ;YX1~ieaical Serv1 u (FMCI
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation.
2. Upon ultimate development of the area, the some level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City.
C.
Water and wastewater services will be extended to the property In accordance to
the City's master utility plan and Section 34-118 of the Denton Code of Ordinances.
Developers shall pay the actual cost of all water and sewer main extensions, lift
stations and other necessary facilities required to serve their development in
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City may participate in the cost to oversize writer and sewer mains subject to
fund availability and approval of the City Council.
Where water orsewer main extensions, lift stations, force mains or other necessary
facilities are installed by the developer, the developer shall be entitled to
reimbursement of the cost of such facilities from pro-rata charges paid by persons
connecting to or using such facilities to serve their property, according to the
7
Subdivision and Land Development Regulations.
D. Solid Waste Collection
1. Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 60 days of the
effective date of annexation.
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall be
provided to this property in accordance with then current policies of the City
as to frequency, charges and so forth.
E. Streets and Roads
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on the
effective date of annexation using the standards and level of service as currently
applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
Improvements, as the need therefore is determined by the City Council or
Manager, will be accomplished under the established policies of the City.
4. Traffic signals, signage and other traffic control devices will be installed as the
need therefor is established by appropriate study and traffic standards.
5. Street and road lighting will be installed In the substantially developed areas In
accordance with the established policies of the City.
F. _Environmental Health and Code Enforcement Services
1. Enforcement of the City's environmental health ordinances and regulations
Including, but not limited to the grass and weed ordinance, garbage and trash
ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance,
animal control ordinance, and the tree preservation ordinance shall be provided
within this area on the effective date of the annexation. These ordinances and
regulations will be enforced through the use of existing personnel.
2
2. Building, Plumbing
adopted by the C' electrical, gas, and all other construction codes, as may be
ty, will be enforced within this area beginning with the
effective date of the annexation. Existing personnel will be used to provide these
services.
3. The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation.
4. All inspection services provided by the City of Denton, but not mentioned above,
will be provided to this area beginning on the effective date
Existing personnel will be used to provide these services, of the annexation.
5. Flood damage mitigation will be provided by existing codes and ordinances of
the City as of the effective date of the annexation.
6. As development and construction commence within this area, sufficient
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
G.
Plaltninz an Develnnn: e
The zoning jurisdiction of the City will extend to the annexed area on the effective
date of annexation. The tract is to be temporarily zoned Agriculture
district classification at the time of annexation.
(A) zoning
I• Parks and Rn~rn .a
Residents of the newly annexed area may
parks and f the newly
,
Pools throughout the y use all recreation facilities, including
annexation. The same standards and policles now used within the City will be
followed In the maintenance of parks, playgrounds ty~ on the effective date of the
and swimming Pools.
J. Electrical Dictri6ur~
i
Electrical power will be made available to the site as required, at the same level of
service currently being provided to comparable areas within the City,
Street names and signs will be installed, if required, approximately six
after the effective date of annexation. (6) months
3
9.
i
roP. kJ
4
F
Residents of the newly annexed area may use alt publicly owned facilities, buildings
or services within the city on the effective date of the annexation. All publicly
owned facilities, buildings or services will be maintained In accordance with
established standards and policies now used in the City,
The CIP of the city is prioritized by such Policy guidelines
as;
1. Demand for services as compared to other areas will be based on characteristics
of topography, land utilization, population density, magnitude of problems as
related to comparable areas, established technical standards and professional
studies.
2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CIP Improvements in the upcoming CIP
plan. This tract will be considered according to the same established criteria as all
other areas of the Ci ,
4
u'411
L
A
Aloolm No. ,110-5
Agenda Item 640
DATE: Date ugu 9 6
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Consider exaction variances of the following sections of the Code of
Ordinances of the City of Denton, for Lots 6-12, Block A, Hickory Creek
Estates. The subject property is in the Agricultural (A) zoning district and
is located on the morthwest corner of the intersection of Jim Christal
Road and Egan Road.
i
1. Section 34-114(5) providing for perimeter street paving.
2. Section 34.114(17) providing for sidewalks.
3. Section 34-116(c) requiring fire hydrants.
4. Section 34.116(e) requiring adequate water capacity for fire
protection.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of all the
requested variances (7-0).
SUMMARY:
See Planning and Zoning Commission Report. {
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
None.
T
±
e`
Respectfully submitted:
ed 8enavides
City Manager
Prepared by.
Walter %n
Reeves, Jr., All P
Urban ner
Approved:
i ,
rank Robbins, Al
Director
Planning and Development
Attachment #f: Planning and Zoning Commission Report,
Attachment #2: Draft minutes of the July 24, 1996, P & Z meeting.
i
r
PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: August 20, 1996,
Subject: Exaction variances to Sections 34.114(5), 34-114(17), 34-
116(c), and 34-116(e) for Hickory Creek Estates.
Recommendation
Planning and Zoning Commission recommends approval of all the requested exaction
variances (7-0).
Back roun
Hickory Creek Estates is a proposed 7 lot subdivision on 43+ acres on the northwest
corner of Jim Christal and Egan Roads. The property
conveyance plat of 7 lots, crd this is a further subdision of Lot ai6 &p7 of th tas a
conveyance plat. The owner has applied for exaction variances of the following
sections of the Code of Ordinances of the City of Denton.
As these variances are all exaction variances, based on the cost of the standard
improvements far outweighing the benefit the would provide, the Commission may
recommend to the Council that the exaction variance criteria are met.
Section 34-6(b) Criteria for variances from development exactions. Where the
commission finds that the Imposition of any development exaction
pursuant to these requisitions exceeds any reasonable benefit to the
property, owner or Is so excessive as to constitute confiscation of the
tract to be platted, it may recommend approval of variances to waive
such exactions, so as to prevent such excess, to the City Council.
Waiver of developmental exactions shall be approvod by the City
Council.
Section 34114(5) providing for perimeter street paving and Section 34-114(17)
providing for sidewalks.
The cited sections require that the developer reconstruct the street along the frontage
of the property with 6 inch thick asphalt, 24 feet wide on a lime prepared subgrade
and that a 4 foot wide, 4 Inch thick concrete sidewalk be Installed along the frontage.
When the original 7 lot subdivision was created by the conveyance plat a variance of
the standard perimeter paving and sidewalk requirement was granted. Instead of
construction of the subject improvements, a $7,560 road improvement fee was placed
on Lots 3.7. The total of the fee was based on $5,400 per lot which is the cost to
provide city standard streets and sidewaiks for an average city residential lot, tots 1
& 2 were excluded. Since then, Lots 1.5 have been final platted, and the City has
received the associated fee ($7,560) from Lots 3-5 and made improvements to Jim
Christal Road.
3.
t
0
The owner is further dividing Lots 6 & 7 of the original conveyance plat resulting in a
net increase of 5 lots. The subject street and sidewalk improvements, if constructed
according to ordinance standards, would be approximately $175,000. Divided over six
lots would be almost $29,000 per lot. The applicant proposes that the developer
provide $5,400 per lot to the City to make road improvements on Egan Road for Lots
7-12 for a total of $32,400. The existing $7,560 fee would remain with Lot 6. This
fee, as with the previous conveyance plat, would be paid on a per lot basis prior to
filing a final plat for any lots in this subdivision.
The Commission recommends approval of the variance as proposed by the
applicant.
Section 34116(c) requiring fire hydrants and Section 34-116(e) requiring water
capacity for fire protection.
Section 34-116(c) requires fire hydrants Le spaced at 600 foot intervals for residential
development, and Section 34-116(e) requires:
Every development shall provide adequate water capacity for fire protection purposes. Unless
buildings in the development are provided with lire protection by means of automatic spdnlder
systems in accordance with Chapter 28 of the Code of Ordinances, each development shall
provide the following minimum water capacity (calculated with twenty (20) pounds of residual
pressure,) For low-Intensity residential use, that capacdy Is 500 gallons per minute at 20
pounds of residual prossure.
The request is based on the lack of a reasonable connection between the required
Improvements and the proposed development. Adequate water capacity could be
achieved by connecting to the City's existing 16 inch water line 9,000 feet away on
Masch Branch road to the south. At an average cost of $42 per linear foot (for an 8
inch line) the total cost of assuring adequate fire flow would be approximately
$368,000. The installation of at least 2 fire hydrants would cost approximately $5,000,
which would have no water source if the variance to Section 34-116(e) is granted.
The Commission recommends approval of the variances.
Attachments
1. Preliminary plat.
2. Conveyance plat.
3. Section 34-114(5).
4. Section 34-114(17).
5. Section 34-116(c) & (e).
6. Variance application.
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svsi7av I rt n LArrDA Tr'~ttmi r-
ELOPMENT
HAPTE 34
(4) Street capacity,
a. All developments shall provide for those streets, including new streets, the
improvement of existing streets and the associated improvements and rights-of-way
which are necessary to provide adequate capacity to carry the traffic to be generated
by the property at full development. "Adequate capacity" shall mean a level of
service C, as defined by the latest edition of the Highway Capacity Manual, as
published by the Transportation Research Board of the National Research Council.
b• Any streets required by the provisions of this section shall also inclu'e any
drainage structures that are part of the street improvements and are necessary to serve
the development, in accordance with the drainage requirements of this Code. In the
case of estate subdivision streets, ..3 ,-;iderground drainage improvements, other than
driveway culverts, shall be required, but adequate barrow ditches with four (4) to one
(1) side slopes shall be provided.
c. To provide for future street improvements, any development may elect, upon the
approval of the planning and zoning commission, to dedicate more street right-of-way
than would otherwise be required for the development, in lieu of constructing the
total street system otherwise required of the development by this Code, when:
1. The additional right-of-way will be needed for a proposed arterial street, as
shown on the city's thoroughfare plan;
2. Omitting the street improvements that would otherwise be required would not
substantially impair the safe movement of traffic created by the development; and
3. The market value of the additional right-of-way would, as determined by the
city engineer, be equal to or greater than the cost of the street improvements
which are to be omitted.
(5) Perimeter streetc
a• w r' ete tr Lets Street systems shall be laid out so as to avoid the need
for new perimeter partial streets, i.e., streets that have less than the full required
right-of-way and pavement width for the class of street. However, if an arterial
street is proposed by the master plan on the boundary of the development or the
development creates the need for a new perimeter street, the development shall
provide the portion of the perimeter street for which it reasonably creates the need,
but in no case shall that portion of the street provided be less than a pavement width
of twenty-five (25) feet. All perimeter streets shall be provided with curb and gutter
along the side abutting the development. If the perimeter street is ultimately
proposed to serve as a divided arterial street and the development is required to
install half of the arterial street, then curb and gutter shall be provided on both sides
of the perimeter street so as to provide the curb for the future median of the arterial
tN P~n,ey ,mq sa, eod,Rnp version.
AXt x4.w
42
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3
SUBDIVISION AND LAND DEVELOPMENT
CHAPTER 34
street.
b. !Lxisting streets
1. Any development on the perimeter of an unimproved perimeter street shall
dedicate the right-of-way and improve or reconstruct the street to the same extent
as is required for new perimeter streets, unless the perimeter street has already
been partially improved, in which case the development shall dedicate the addi-
tional right-of-way and make the additional street improvements necessary to
complete the perimeter street to the classification required. For the purpose of
this subsection, an "unimproved perimeter" street shall mean a perimeter street
which does not have curb and guttr_r or which does not substantially comply with
the street design specifications or requirement3'Of this Code.
2. Where any development would be required by this Code to improve an
existing unimproved perimeter street which is designated in the city's master
plans as an arterial street to less than its full width and the city's approved capital
improvements plan proposes improvement of the existing perimeter street to city
specifications within two (2) years of the date the required improvements are to
be undertaken, the development may elect, in lieu of making the required
perimeter street improvements, to pay to the city prior to beginning construction
the total construction cost, excluding engineering and design cost, of the required
street improvements. 'line amount to be paid shall be determined by the city
engineer, based on the actual cost of providing for the improvements, as shown
in the most recent public bids for the same or similar type street improvements.
If the money paid to the city is not used for the required improvements within
five (S) years of payment, the funds shall be returned to the person making the
payment.
3. Any development which is to generate more than one hundred (100) vehicle ,
trips per day at full development and which is excepted from making improve-
ments to existing perimeter streets in accordance with city specifications for new
streets shall make the improvements and repairs to the existing perimeter street
to the same extent as is required for off-site streets.
i
C. Exce do rimete sire t re uire nt . The provisions of this section
requiring the improvement of existing unimproved perimeter streets to city specifica-
tions for new streets shall not apply to the following:
1. A plat for a single-family residential lot, where such lot is not part of a larger
general scheme of development or subdivision of land containing more than one
(1) residential lot,
2. A development that abuts one hundred (100) or less feet of an existing
perimeter street, where the existing off-site perimeter street on either side of the
Ford pt"sed vmion nos codified venion.
tixxaosa+ 43
SUSDfVI I
AND LAND DEV pMENT
R q
abutting perimeter street is not improved to city specifications and there are no
proposals or plans for improvements to the perimeter street on either aide of the
abutting perimeter street as evidenced by the
plats approved or pending approval; city's capital improvements plan or
3. A development which:
i. Is not required or does not propose to extend a city water line to the
Property to serve the development; and
ii. Is located more than eight thousand (8,000) feet from an existing city
water line, measured along a straight line from the nearest bounds of the
development to the nearest ;ine; or rY
4. A state or federal highway,
d. Off-site coaM~~;,, ,
the specifications for new streets shall be tconnectedgo existing offsittel streets in
accordance with the horizontal design specifications shown in Wendix A-2 of
Ordinance No. 88-103, which appendix is adopted by reference in this Code the same
as if set out at length in this section,
Ill oved cuicatlons for >ri ML
treer~S perimeter streets shall be built or
impr
proveved with tth curb and gutter and the necessary, drainage facilities in accordance
with the specifications and provisions of this Code applicable to other streets. Upon
recommendation of the city engineer, a required perimeter street meeting design star.
dards, but without curb and gutter and related underground street storm drainage
facilities, may be approved whenever:
1. The required perimeter street is for a residential development in a low
intensity area, as shown in the city's master plans;
2. The development is not located in an area where the pattern or intensity of
development would create the need for improved urban drainage facilities in the
foreseeable future; and
3. There are no existing or proposed improved drainage facilities, as shown by
the city's capital improvements plan or by plats approved or pending approval,
in such proximity to the development that would connect to or receive the
drainage waters from the required street drainage improvements.
(6) m r vemer~st to ex;$ off sit_ ett
a. Any development which is to generate more than one hundred (100) vehicle trips
per day at full development shall improve or repair connecting off-site streets as
Word processed *mica not eodirwd .miori,
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SUBDIVISION AND
LAND D V LO NT
(16) ire la s All developments shall provide for fire lanes in accordance with article
V of chapter 11 of this Code.
(17) Sidewalks,
a. The following requirements are adopted far the purpose that
development provides for the sidewalks or walkways necessaryf to surye ede each
traffic to, from or across the development. pedestrian
b. All developments shall, within a dedicated right-of-way,
both sides of all streets within the development and along one( 1) side of all sidewalks along
streets; except as follows: perimeter
1. A development which is excepted from making
in accordance with subsection (5)c.3. of this section shallsnot be equir d to
install a sidewalk along that perimeter street.
2. A development which is excepted from makin
in accordance with subsection g perimeter street improvements
along se fat 5k• I. or 2. of this section shall not be required
to install a sidewalk b
street
perimeter state or federal highway or is designated asan arterial street oper sreet is a
thoroughfare plan.
n thet city's master
3• Where unplatted property is required to be platted in order to obtain a
building permit to make any improvements to an existing building or to construct
any additional building to be located on the property, a sidewalk shall not be
required along an existing perimeter street if;
i. The i
perimeter street is not required to be improved in accordance with
this Code;
ii. The building improvements would not result in an increase in the floor
area of the existing building or buildings by more than ten (10) percent;
iii. The building improvements are to be located
on the same tract or tracts of land, as described by recorded deed in the real
property records of the county, on which the existing building or any existing
improvements to seine the existing building are located; and
iv. The building improvements will not require the construction of additional
parking spaces to meet the requirements of the zoning ordinance.
4• Sidewalks shall not be required for a replat of property zoned for single-
family residential use if the preceding plat covering the same property did not
require sidewalks.
Word processed version M codified anion.
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SUBDIVISION AND LAND DEVEL PMENT
CHAPTER 3
c. In lieu of requiring sidewalks along both sides ,
zoning commission may approve a cornprehensive of all streets the planning and
should provide adequate pedestrian Pedestrian access plan. Such plan
adjacent shopping access to sc hools, recreational facilities, parks,
pedestrian facilitiesand employment centers and connect with existing or planned
.
d. Sidewalks required by this section shall be placed and constructed according to
the specifications set forth in appendix A-6 of Ordinance No. 88.103 which appendix
is adopted by reference and included
this section, which shall include in this Code the same as if set out at length in
handicap ramps at all imersections
Sidewalks shall be constructed o and driveways.
f concrete; provided that other materials, excluding
asphalt, may be approved by the city engineer if:
I. The material and construction methods used would provide a sidewalk that
is as durable, maintainable, safe and as adequate as one made of concrete; and
2. The sidewalk would be more environmentally desirable or more in keeping
with the overall design of the development.
C- Where the developer who would otherwise be required to improve an existing
unimproved perimeter street to city specifications elects to pay to the city the cost of
the required improvements as provided for in subsection (5)b.2. of this section, the
developer may likewise elect to pay to the city the cost of any required sidewalk
improvements for that street. If the money paid for the sidewalk improvements is not
used for that purpose within five (5) years of payment, the funds shall be returned
to the person making the improvements.
f. Escrow agreement alternative. Should the public improvements required by
section 34-40, other than sidewalks, be completed by the contractor and developer,
and the cost of constructing sidewalks be twenty-rive thousand dollars ($25,000,00)
or less, as determined by the city engineer, the developer may, instead of construct-
ing sidewalks along the, frontage of residential (single family or duplex) lots in the
development, deposit cash money in the amount of fifteen percent (15%) of the cost
of completing the sidewalks or six hundred dollars ($600), whichever is greater, with
a bank in Denton County as escrow agent pursuant to an approved escrow agreement.
(1) The form and provisions of the escrow agreement shall be approved by the city
engineer and city attorney. The escrow funds will partially guarantee the
construction of the sidewalks by the builders in the development.
(2) If the sidewalks are not completed by the builders and accepted by the city within
three (3) years of the acceptance by the city of other public improvemects in the
development, the developer shall have the option to complete the construction of
sidewalks in the development and the escrow funds shall be released to the
developer upon acceptance of the sidewalks by the city, Upon approval by the
Word peomsed ten ion not "irmed venion
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SUBDIVISION AND LAND DEVELOPMENT CHAPTER 34
city engineer, the developer may make partial draws against the escrow funds
once at least 85% of the sidewalks in the subdivision are complete, provided that
sufficient funds remain in the account to complete the remaining of the sidewalk
construction. This provision is an exception of the requirements of section 34-
42(b) of this chapter.
(3) Should the developer elect not to complete the sidewalks, the city may utilize the
escrow funds to complete the construction. Should the escrow funds be insuffi-
cient to complete construction per the city's standards, the city may utilize the
remaining escrow funds to perform initial grading or to install temporary asphalt
sidewalks.
(4) A builder or owner of improvements Moon a residential lot shall not be granted
occupancy until the sidewalk in front of such lot has been completed and accepted
by the city.
Sec. 34-115. Driveways and parking lots.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning;
DUartme n means the department of public works.
Driveway means that portion of the parking lot that consists of a travel lane opening onto
a public street.
Parking _aisle means the portion of the parking lot consisting of lanes providing direct
access to parking spaces.
Parkins, lot means that portion of any lot that is used by vehicles for access, circulation,
parking and loading and unloading. It comprises the travel lanes, parking area aisles,
parking spaces, driveways and loading and unloading areas.
Permit means a parking lot/driveway permit as required in this section.
Travel lane means that portion of the parking lot which is used for the circulation of traffic
entering, exiting or traveling through a parking lot and is not used for parking spaces or
parking aisles.
(b) Compliance required. After the effective date of the ordinance from which this section
is derived, no person shall construct, reconstruct, replace, relocate, alter, enlarge, improve or
perform any work on or make use of any parking lot or driveway on any property within the city
for which a permit is required under this section, except in accordance with the requirements
of this section.
Ford prxnsN venwi ova codifcd verebn.
XWX99i 52
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(b) 2Asic design standards Water pipe shall be a minimum of six-
inch nominal internal diameter Construction.
(c) Fire hydran Fire hydrants shall be a maximum of six
hundred (600) feet apart in residential areas and three hundred
(300) feet apart in commercial/industrial areas.
(d) Location. Location of water utilities shall generally be in
city right-of-way; in unusual circumstances, location may be in a
utility easement.
(e) Water canac+ty required Every development shall provide
adequate water capacity for fire protection purposes. Unless
buildings in the development are provided with fire protection by
means of automatic sprinkler systems in accordance with Chapter 28
of the Code of Ordinances, each development shall provide the
followin^ • nimum water capacity (calculated with twenty (20)
pounds :sidual pressure):
Area M
High-intensity commercial and industrial . . . . . . . 3,000
Medium-intensity commercial . . . . . . . . . . . . . 1,500
Medium-intensity residential . . . . . . . . . . . . . . 750
Low-intensity residential . . . . . . . . . . . . . . . 500
All flows to be calculated with twenty (20) pounds residual
pressures.
emeep:iens to the abe,.,e
the p4annina and eQ11 ,AF1,91_eerrmissier, a
Sec. 34-117. Sewer utility standards.
(a) Basic policy Sanitary sewer facilities shall be provided to
service the subdivision adequately and conform to the city master
sewer plan, standard specification3 and the comprehensive utility
ordinance of the city. All sewer utility standards are applicable
in the city limits and the extraterritorial jurisdiction.
Planning and Development Department Note: The codified
version conflicts with Ordinance 91-065. This phrase was eliminat-
ed by Ordinance 91-065.
AM02M - 67 -
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~{T'Ti4C.HM~NT V I c
CITY OF DENTON
APPLICATION FOR VARIANCE
of
SUBDIVISION AND LAND DEVELOPKENT REGULATIONS
Name of proposed plat LOTS 6-12. t4t,ey-noy C26£ gsn- S_
From what article of the Subdivision and Land Development
Regulations are you requesting a variance?
34 -I16~3 (c 3 4 -/16 -3 ~E .3 4- l 1 4 s 3 l 14 ~
Petitioner L A J1bMAQ1L SUPWC)YO2S INC-Telepbone 162-4014
Address X238 x-35 N
City/state/Sip 1DEN-M^J TEycAS 7620-7
Land Owner HEr4 2y W ECILMANJ
Address A 6_I $ N~ATN1rPB20a1C
City/Stat/e/Zip DALLAS TEYAS 75?-4-4-
Date 7/ q Fee Paid SI-75 c
1
Petitioner must provide the rationale for the variance using the
following five criteria.
(1) The granting of-the variance will not be detrimental to. the
public safety, health, or welfare or injurious to other pro-
perty;
(2) The conditions upon which the request for a variance is based
are unique to the property for which the variance is sought
and are not applicable generally to other property;
(3) Because of the particular physical 'surroundings, shape; 'or
topographical conditions of the specific property involved, a
particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter
of these regulations is carried out;
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Variance Application continued
Page 2
(4) The variance will not in any manner vary the provisions of the
Zoning Ordinance, Denton Development
Studies. Plan, Master Plan, or
(5) The special or peculiar conditions upon which the re
based did not result from or were not created b quest is
or any prior owner's action or omission. y the owners
or,
If the variance is from an exaction (eg, road construction, right-
of-way dedication, drainage improvement
and/or dedication to the public), the imposition pofl any development
exaction pursuant to these regulations 1
benefit to the property owner or ( ) exceeds any reasonable
constitpte confiscation of the tract bein is so excessive as to
g platted. Waiver of developmental exactions shall. be considered after. :a.
recommendation from the Planning and Zoning Commission by the city
council.
NOTES Request must include the.followinge
I. Completed application (one per variance).
II. $175.00 fee.
III. Copy of proposed plat and location map.
to f Applicant 7/1, /rf
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P&Z Minutes
July 24, 1996
BRA
Page 1l Ms. Bateman: An automobile sales lot is not allowed in the General Retail zoning district. It is
allowed inside a building but it is not allowed outside.
Ms. Schertz: Are you okay with the conditions?
Mr. Yeary: Yes. We certainly have enjoyed working with the staff here in the City of Denton and
we would be available to make any other conditions on the property. We met with the homeowners
that showed up and told them the same things. We want to maintain the property and having people
on the property is important to us.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in
opposition? We will close the public hearing.
Mr. Jones: 1 move we recommend approval of Z-96-020 with the conditions recommended by staff.
Ms. Schertz: Second.
Ms. Russell Any discussion? All in favor of the motion please raise your right hand. Opposed
same s:;n. Approved. (7-0)
VII. Hickory Creek Estates. Lots 6-12, Block A of the Hickory Creek Estates. The subject property is
located on the northwest comer of Jim Christaf and Egan Roads, and is in the Agricultural (A) zoning
district.
a. Consider a variance of Sections 34-116(e) Water Capacity for Fire Protection Purposes and 34-
116(c) Fire Hydrants.
Mr. Reeves: This is a plat of Lot 6 and 7 of Hickory Creek Estates which was approved by the
Commission about a year ago as a conveyance plat. The two variances that 1 am going to speak about
are a variance of Section 34-116(c) which requires fire hydrants and Section 34-116(e) which requires
water capacity for fire flow purposes. Both of these are exaction variances so you will be making a
recommendation to the City Council. The nearest water line is about nine thousand feet away and
with an average cost of $42.00 per linear foot for an eight inch water line, the total cost of assuring
adequate fire flow would be approximately three hundred and sixty-eight thousand dollars.
Additionally the installation of two fire hydrants would cost approximately five thousand dollars,
which would have no water source if there is no water line. DRC recommends approval. The Fire
Department understands that this is an exaction variance but they are very concerned about it in that
they would have to go out here to fight a fire and would need tanker trucks to do so.
Mr. Cochran: Are there any stock tanks on the property?
Mr. Reeves: Part of the property is in the floodplain for Hickory Creek. I don't believe there are
any stock tanks on the property.
Mr. Jones: Where is the nearest fire hydrant?
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P&Z Minutes
July 24, 1996
Page 12 DRAFT
Mr. Reeves: It is about nine thousand feet away.
Ms. Schertz: There wasn't any way to fight a fire prior to this, the people out there know this. I
think it is good that it is brought up but it isn't changing any conditions that they weren't already
aware of.
Mr. Cochran: I move that we grant this variance to Section 34-116(c), the fire hydrants and Section
34-116(e), water capacity for fire flow for Hickory Creek Estates Lots 6 through 12, Block A.
Ms. Flemming: I'll second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
b. Consider a variance of Sections 34-114(5) Perimeter Streets and 34-114(17) Sidewalks.
Mr. Clark: The details of this are very well covered in David's memo to you. All parties are in
agreement and we would recommend approval of the variance and the motion as inclosed in your
backup.
Mr. Cochran: Where is the nearest sidewalk?
Mr. Clark: I would assume that it would be back on Jim Christal Road on the other side of 1-35.
There is one down by the hospital and there is one out by Ben E. Keith.
Mr. Powell: I move that the exaction variances for Section 34-114(5) perimeter street paving and
Section 34-114(17) sidewalks, as requested by the applicant and recommended by staff, be
recommended to the City Council as the cost of the ordinance requirements far outweighs the benefit
that would be received by the developer and future homeowners.
Mr. Jones: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (7-0)
c. Consider the preliminary plat.
Mr. Reeves: DRC recommends approval of this with a couple of conditions. Number one is that a
letter be submitted from Mr. John Glover or Mr. Jim Coulter saying that all of the lots in the
proposed plat will support septic systems prior to application for any final plat. We do have a
procedure laid out in the subdivision regulations that spells out how alternate water and sewer systems
are supposed to be done. I have ha! a couple of conversations with Mr. Glover and he has had to
deal with platted lots where it was difficult if not impossible to find locations for septic systems on
when people came in to get building permits. On this particular plat there is a substantial area that
is in the drainage easement and the floodplain. We are easing into the procedure that is outlined in
the subdivision regulations and to avoid the situation that may arise where one of these lots may not
~ 7•
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Agenda No,_ -03S
Agenda Item
Date 0
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER SIQ XENDS?B AMOUNT
1777 ALL FOSTER HIGGINS INC. $5.00 PER EMPLOYEE PER MO.
1924 ALL INCHCAPE TESTING SERVICES EXHIBIT "A"
1929 ALL MIDWEST TOWERS INC. SIS1,492.00
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SEMOX111. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
t SECILON IC. That this ordinance shall become effective immediately upon its
passage and
approval.
' PASSED AND APPROVED this _ day of 1996.
i
JACK MILLER, MAYOR
ATTEST:
JENMFER WALTERS, CITY SECRETARY
BY: -
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
DATE: AUGUST 20, 1996
CITY ftL1XCILRMRT
TO: Mayor and Members of the City Council
FROM: Ted Benavi des, City Manger
SUBJECT: BID # 1777 - HEALTH INSURANCE AND ACTUARIAL CONSULTING
SERVICES - 2ND YEAR RENEWAL
RECO AIENI)ATION: We recommend this bid be extended for the second year to Foster Higgins
& Co. Inc., in the amount of $5.00 per participating employee per month with a monthly minimum
of $3,400.00 and a monthly maximum not to exceed $5,000.00.
SUMMARY- This bid was approved by Council in July, 1995, for the first year of a possible three
year obligation with prices and terms remaining favorable to the City and with the agreement of Foster
Higgins.
This renewal reflocts a $1.00 increase per employee; however, the maximum of $60,000 remains the
same as the first year.
BACK_ 1ROUND: Memorandum from Ted Benavides, City Manager (prepared by Tom Klinck,
Director of Human Resources).
PRO . AMC DE__PARTMFNTS_OR GRO-UPS AFFECUJL- The Health Insurance Program
covers all eligible regular full-time and part-time employees and their covered dependents in all City
departments.
EISCAL IMPACT; Total annual contract fee is not to exceed $60,000. Funds are available in the
1995/96 and proposed 1996/97 budgets.
Respectfully submitted:
Ted Benavides
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
75B.AGENDA
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DATE: August 6, 1996
CITY COUNCIL REPORT
REGULAR SESSION
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: HEALTH INSURANCE & ACTUARIAL CONSULTING SERVICES -
RENEWAL CONTRACT for 2nd YEAR RENEWAL
RECOMMENDATION:
It is the staff's recommendation that the City Council authorize the City Manager to execute a
renewal contract with A. Foster Higgins & Co., Inc., to provide the City with health insurance
and actuarial consulting services for the period July 18, 1996, to July 17, 1997. The contract
would also authorize renewing the contract for an additional year assuming fees and service
remain favorable to the City.
SUM ARY;
The City Council authorized the City to retain Foster Higgins in July, 1995, to assist the City
with several technical and complex issues surrounding the City's group health insurance progran.
for employees and dependents. Those services included:
1. Evaluate/provide recommendations on the overall strategic goals/objectives/directions of
employee health and wellness programs. Provide advice/recommendations related to
national health reform.
2. Evaluate/prcvide recommendations on the administration and operation of current health
insurance program.
3. Develop/analyze and provide recommendations concerning proposed bids and contract
negotiations.
4. Monitor/analyze/provide recommendations for City's group health insurance plan, claim
levels, utilization data cost and claims controls.
5. Government reporting: preparation and submission.
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City Manager Report to City Council: Health Insurance & Actuarial Consulting Services -
Revised Contract
August 6, 1996
Page 2
6. Presentation and attendance at City meetings: City Council, City management, Employee
Insurance & Wellness Committees.
7. Perform other tastes related to group health and wellness programs as reasonably
requested by the City.
Foster Higgins has assisted the City in its negotiation for a third year renewal with the health
insurance program (1996 Plan Year). That renewal resulted in negotiating Harris' initial renewal
rate increase of 9% to an agreed 5% increase over 1995 premiums. This represents a savings of
approximately $110,000 in projected health insurance costs for FY 1995196.
The fine assisted the City with the re-bid of its health insurance program and negotiated some
difficult issues regarding this re-bid. Their services have resulted in the City being able to
further lower its health care costs in the 1996/97 budget year by approximately $38,000 over
previous year's coverages.
The previous contract for health insurance and actuarial services was bid with provisions to
renew subsequent year's services with Foster Higgins. However, it is the staffs conclusion that
certain provisions of the contract should be revised in order to ensure clarity concerning the
intent of City Council and the authority to execute renewal provisions.
Thus, the staffs recommending that the Council authorize the City Manager to renew the
contract for a second term with changes to the contract and provide for a third year renewal
assuming fees and services remain favorable to the City,
PROGRAM. DEPARTMENTS OR GROUPS AFFECTED:
The Health Insurance Program covers all eligible regular full-time and part-time employees and
their covered dependents in all City departments.
FISCAL IMPACT:
Changing this contract will not result in any previously authorized costs. The new fee would
provide for a $5 per employee per month retainer fee not to exceed a maximum of $5,000 per
month. The total annual contract fee will not exceed $60,000. Funds are included in the 1995/96
a
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City Manager Report to City Council: Health Insurance & Actuarial Consulting Services -
Revised Contract
August 6, 1996
Page 3
and proposed 1996197 budgets to cover these important services.
Respectfully submitted,
Ted Benavides
City Manager
Prepared by:
s
Thomas W. Klink
Director of Human Resources
Approved by.
Betty McKean
Executive Director - MS/ED
C:lwindows1wp601craigkrpt96g l.wpd
Prepared: 7/201%
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ATTACHMENT I
A. Foster Higgins & Co., Inc.
Revised Contract
j
Y
STATE OF TEXAS S
COUNTY OF DENTON S
BROPEBBIONAL BERVICEB nainn L AGREEMENT
BETREEN THE CITY OF DEMN AND
EEALTH INBURANCE MW ACTUARIAL CONSULTANT
THIS AGREEMENT is made and entered into effective on the 18th day
of July, 1996, by and between the City of Denton, Texas, a
Municipal corporation situated in Denton County, Texas, hereinafter
called "CITY", acting herein by and through its City Manager and A.
Foster Higgins 6 Co., Inc., a Corporation doing business in Texas,
acting by and through its duly authorized officer, hereinafter
called "CONSULTANT".
WHEREAS, on the 18th day of July, 1995, the City of Denton,
Texas and A. Foster Higgins i Co., Inc. entered into a "Contract
Agreement Between The City of Denton and Health Insurance and
Actuarial Consultant" (hereinafter the 1995 Contract); and
WHEREAS, the 1995 Contract provided that it was subject to
renewal for two additional twelve month periods upon the mutual
consent of both parties, and subject to negotiation of the terms,
conditions, and costs under certain circumstances; and
WHEREAS, the CITY and the CONSULTANT desire to renew the 1995
Contract upon the terms and provisions set forth hereinbelow.
WITNESSETH, that in consideration of the covenants and agreements
herein contained, the CITY and the CONSULTANT do hereby mutually
agree as follows:
1. SERVICES TO BE PERFORMED
City hereby retains CONSULTANT to perform the hereinafter designat-
ed services. CONSULTANT agrees to perform the following services
with diligence, and in accordance with the highest professional
standards customarily obtained for such services in the State of
Texas, to wit:
A. Evaluate and provide recommendations on the overall strategic
goals, objectives, and direction of the employee health and
wellness program. Provide advice, assistance, and recommenda-
tions as related to the national health care reform.
B. Evaluate and provide recommendations on administration of the
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current health insurance program. This will include plan
design, type, number, and quality of health care providers,
premium structure, proposed rate adjustments, provider(s) and
contract, etc.
C. Perform on-site review of the City's health plan carrier
operations, including member services, utilization management
and case management, and report findings to the City.
D. Assess the impact on the City's health plan of any changes in
ownership of Denton hospital(s) and provide recommendations to
the City to address any potential issues.
E. Monitor, analyze, and provide recommendations concerning the
City's group health insurance plan, claims levels, and utiliza-
tion data, and suggest strategies to control claims cost and
ensure quality health care delivery.
F. Review data, information, performance issues, etc. and. if
requested by the City, negotiate on behalf of the city with
current or prospective vendors new or renewal contract terms,
conditions, premium rates, etc, for group health insurance
plan. All negotiations are subject to terms agreeable to the
City.
G. Assist in preparation and submission of required reporting
information, forms, etc. required of the City to various
federal and state government agencipi related to the group
health and wellness programs.
H. Attend meetings and, if requested, prepare and make presenta-
tions, using professional and appropriate visual aids at
meetings of the city council, City management., employee
insurance committee, employee wellness committee, etc.
1. Conduct on-site meetings with City representatives to review
plan experience and management issues estimated as follows:
• City Council Meetings 2
* City Management Meetings 3
+ Employee Insurance Committee Meetings 6
* Employee Wellness Committee Meetings 2
J. Perform tasks related to the employee group health and wellness
program as are reasonably requested by the City.
CONSULTANT shall exercise the same degree of care, skill, and
diligence in the performance of these services as is ordinarily
provided by persons under similar circumstances. CITY agrees that,
with respect to the services and duties CONSULTANT will provide
under this agreement, CONSULTANT does not accept status as a
PAGE 2
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fiduciary with respect to any of the plans or programs and that all
recommendations made by CONSULTANT pursuant to this agreement-may
be accepted, modified, or rejected by CITY.
II. TERMS OF AGREEMENT AND EXTENSION
PROVISIONS
CONSULTANT shall commence rendering services immediately upon
receiving notification of contract approval and shall continue for
a period of twelve months. This contract is subject to renewal
upon mutual consent of both parties for one additional twelve-month
period, on the same or similar terms7"'conditions, and costs in
successive years if scope of services do not deviate more than 25t
and cost does not increase more than 25t. The city Manager or his
designee, the Director of Human Resources for the city of Denton,
Texas, shall have the authority to approve and negotiate a renewal
of this contract without City Council approval provided the costs
do not increase more than 254 or increase more than $15,000 over
the previous years costs.
III. COMPENSATION TO BE PAID CONTRACTOR
CITY agrees to pay CONSULTANT for the services performed hereunder
as follows:
A. Amount of Payment for Services:
CITY agrees to pay CONSULTANT, for services hereunder, at a set
monthly fee of $5.00 per participating employee per month with
a monthly minimum of $3,400.00 and a monthly maximum not to
exceed $5,000.00:
AXyJcS Description/Task Estimated Hours
Evaluate/provide recommendations on 15
the overall strategic goals/objectives
directions of employee health and
wellness program. Provide advice/
recommendations related to national
health reform.
Evaluate/provide recommendations on 20
administration of current health
insurance program
Perform on-site review of health plan 20
carrier operations
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Assess impact of Denton hospital 20
ownership changes
Monitor/analyze/provide recommendations 10
for City's group health insurance plan,
claim levels, and utilization data
Review data, information, performance 35
issues; negotiate with current/prospective
vendors
Assist in preparation/submission of 5
required reporting information/forms, etc.
Attend meetings, prepare/make presentations 10
On-site meetings with City representatives 40
Perform tasks related to group health 10
wellness program as reasonably requested
by the City
CONSULTANT will charge CITY based on actual time spent and
expenses incurred. In no event will the total project cost
exceed $60,000.00 for CONSULTANTS fees and expenses unless
CONSULTANT is requested to perform tasks outside the scope
presented in the proposal. If additional assistance is
required from the CONSULTANT, estimates of professional fees
will be provided and presented to CITY management for approval
before proceeding with any additional tasks.
CONSULTANT and CITY expressly understand and agree that
CONSULTANT shall not receive any compensation for the services
provided for herein, from any other source.
B. Dates of Payment: CITY will pay CONSULTANT on a monthly
basis, within thirty (30) days of receipt of invoices for
completion of services provided for herein.
Iv. SUPERVISION AND CONTROL BY CITY
It is mutually understood and agreed to, by, and between CITY and
CONSULTANT that CONSULTANT is an independent contractor and shall
not be deemed to be or considered an employee of the CITY of
Denton, Texas for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's compensa-
tion, or any other CITY employee benefit. CITY shall have
supervision and control of CONSULTANT and any employee while on
CITY premises, and it is expressly understood that CONSULTANT shall
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perform the services hereunder at the direction of the City Manager
of the City of Denton or his designee under this agreement.
i
V. SOURCE OF FUNDS
' All payments to CONSULTANT under this Agreement are to be paid by
CITY from funds appropriated by the City Council for such purposes
in the Budget of the City of Denton.
VI. INSURANCE
CONSULTANT shall provide at its own cost and expense worker's
compensation insurance, liability insurance, and all other
insurance necessary to protect CONSULTANT in the operation of
CONSULTANIP S business.
VII. INDEMNIFICATION
CONSULTANT shall and does hereby agree to indemnify and hold
harmless the CITY and its officers, agents, and employees from and
against any and all damages, liability, claims, demands, losses and
expenses of any kind whatsoever to the extent proximately caused by
the error, omission, or negligent act of CONSULTANT, its officers,
agents, employees, invitees, and all the persons for whom it is
legally liable in the course of the performance of this Agreement,
and CONSULTANT will, at its cost and expense, defend and protect
the City of Denton against any and all such claims and demands.
The acceptance of CONSULTANT"S services by the CITY shall not
operate as a waiver of such rights of indemnification.
VIII. CANCELLATION
Notwithstanding any other provision of this Agreement, CITY and
CONSULTANT each reserve the right to cancel this Agreement at any
time by giving the other party fourteen (14) days' written notice
of its intention to cancel. If the agreement is canceled before
completion, the CITY agrees to compensate CONSULTANT for services
provided and expenses incurred prior to notice of cancellation. In
the event of cancellation or upon expiration of this contract,
CONSULTANT shall return to CITY any and all documents or materials,
and all copies made thereof, which CONSULTANT received from, and/or
developed for CITY for the purposes of this contract except the
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CONSULTANT shall have the right to retain one copy for internal
files.
IX. CONFIDENTIAL RELATIONSHIP
CITY may, from time to time, communicate to CONSULTANT certain
information protected by the Texas Open Records Act (e.g., employee
personnel or medical records) to enable CONSULTANT to effectively
perform the services required hereunder. CONSULTANT shall treat
all information supplied as confidential, whether or not so
identified, and not release same unless consent to do so is
received in writing from the City Attorney's Office or the Texas
Attorney General's office. CONSULTANT shall limit the use and
circulation of such information, even within his own organization,
to the extent necessary to perform the Services.
CONSULTANT shall not disclose any reports, recommendations,
conclusions, or other results of the services performed by
CONSULTANT without the prior written consent of the CITY.
CONSULTANT shall comply with all legal obligations it may now or
hereafter have respecting the information or property of the CITY,
its officers or employees or its independent contractors supplied
CONSULTANT or prepared by CONSULTANT in the performance of this
contract even after the cancellation of this contract.
X. SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its successors,
executors, administrators, and assigns to the other party to this
agreement and to the successors, executors, administrators, and
assigns of such other party, in respect to all covenants of this
agreement. Except as above, neither the CITY nor the CONSULTANT
shall assign, sublet, or transfer its interest in this Agreement
without the written consent of the other. Nothing herein shall be
constituted as creating any personal liability on the part of any
officer or employee of the CITY.
XI. NOTICES
L11 notices, communications, and reports required or permitted
under this Agreement shall be personally delivered or mailed to the
respective parties by depositing same in the United States mail at
the address shown below, certified mail, return receipt requested
PAGE 6
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unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three days of mailing:
i
CITY
CONTRACTOR
City of Denton, Texas
Attn: City Manager A. Foster Higgins i Co.Inc.
215 E. McKinney 1800 Thanksgiving Tower
Denton, TX 76201 1601 Elm Street
Dallas, TX 75201.4742
Either party may change its mailing address by sending notice
of change of address to the other at the above address by certified
mail, return receipt requested. All notices shall be deemed
effective upon receipt by the party to whom such notice is given or
within three days mailing.
XII. ENTIRE AGREEMENT
This Agreement consisting of 10 pages constitutes the complete and
final expression of the agreement of the parties and is intended as
a complete and exclusive statement of the terms of their agreements
and supersedes all prior contemporaneous offers, promises,
representations, negotiations, discussions, communications and
agreements which may have been made in connection with the subject
matter hereof.
XIII. SEVERABILITY
If any provision of this Agreement is found or deemed by a court of
competent jurisdiction to be invalid or unenforceable, it shall be
considered severable from the remainder of this Agreement and shall
not cause the *.emainder to be invalid or unenforceable. In such
event, the party shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which
comes as close as possible to expressing the intention of the
stricken provision.
XIV. COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws,
rules, regulations, and ordinances applicable to the work covered
hereunder as they may now read or hereafter be amended.
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XV. DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall
not discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age, or physical
handicap.
XVI. PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own
expense all personnel required to perform all the services
required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations
with the city. CONSULTANT shall inform the CITY of any
conflict of interest or potential conflict of interest that may
arise during the term of this Agreement.
B. All services required hereunder will be performed by the
CONSULTANT or under its supervision. All personnel engaged in
work shall be qualified and shall be authorized and permitted
under state and local laws to perform such services.
XVII. MODIFICATION
No waiver or modification of this Agreement or of any covenant,
condition, limitation herein contained shall be valid unless in
writinq and duly executed by the party to be charged therewith and
no evidence of any waiver or modification shall be offered or
received in evidence in any proceeding arising between the parties
hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, and unless such waiver or
modification is in writing, duly executedt and, the parties further
agree that the provisions of this section will not be waived unless
as herein set forth.
XVIII. MISCELLANEOUS
A. Venue of any suit or cause of action under this Agreement shell
lie exclusively in Denton County, Texas. This Agreement shall
be construed in accordance with the laws of the State of Texas.
B. CONSULTANT shall commence, carry on, and complete any and all
projects with all applicable dispatch, in a sound, economical,
efficient manner, and, in accordance with the provisions
PAGE 8
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hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved
is properly coordinated with related work being carried on by
the CITY.
C. The CITY shall assist the CONSULTANT by placing at the CON-
SULTANT's disposal all available information pertinent to the
project, including previous reports, any other data relative to
the project and arranging for the access to, and sake all
provisions for the CONSULTANT to enter in or upon, public and
private property as required for the CONSULTANT to perform
services under this Agreement.
D. The captions of this Agreement are for informational purposes
only and shall not in any way affect the substantive terms or
conditions of this Agreement.
XIX. DESIGNEE
The Director of Human Resources for the City of Denton, Texas,
shall be the City Manager's designee under this contract and is
hereby authorized to carry out the terms of this Agreement on
behalf of the City of Denton, Texas.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City manager and
CONSULTANT has executed this Agreement through its duly authorized
undersigned officer, dated the day of , 1996,
effective as of the 18th day o Ju y, 1996.
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY; CITY ATTORNEY
.0 wrl
BY:
A. FOSTER HIGGINS i C.
BY:
TITLE: /!/~u6ivX /%w~►~as~
CAMiDOMANEALTMA NS
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DATE: AUGUST 20, 1996
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1924 - ANALYTICAL TESTING
RECOMMENDATION. We recommend this bid be awarded to the low bidder meeting
specification, Inchcape Testing Services, for the annual contract at the unit prices listed on attached
Exhibit A. This will be a total annual estimated expenditure of $15,500.00.
SUMMARY. This bid is for services of a laboratory to perform testing of groundwater monitoring
wells at the Landfill and testing of sludge samples for the Wastewater Treatment Plant. The lower
bid by Certs Environmental Laboratory did not meet bid requirement of beinj is business in excess
of ten years. Bid packages were mailed to seven (7) prospective t%mdors and bid responses were
received from five (5) vendors.
BACKGROUND: Tabulation sheet, Memorandum from Vanetta Vcrbu;h dated August 6,1996.
PROGRAMS,DEPARTMENTB.OR-GRO-UPSAFEECTED; Municipal Laboratory, Water
Wastewater Treatment Plant, Utilities, and Citizens of Denton.
FISCAL_IMPACT: Budgeted funds for Municipal Laboratory Account #625-082-0481-8502 and
#625-082.0483-8502.
Respectfully submitted:
ed Benavides
City Manager
Prepared by: `
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
1926.ME
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INII k 1924--IAIIIBI l "A"
I
DIDNAME ANNUALSOLIDWASIE laehnpe
ANALYTICAL TESTING Tntiag
OPEN DATE JULY 25, 1996
Cooliaoed
QTY- DESCRIPTION VENDOR 0 OTY DESCRIPTION VENDOR
1. 10 CADMIUM v $6.00 31. 1 P_URGEABLE EPA METHOD 611 _ _ _ $115.00
2. 10 CHROMIUM _ X6.00 32. 4 BASE/NEUTRAL, ACTS AND (226.00
3. 10 COPPER =6.00 PESTICIDES EPA METHOD 625
- Ip-- LEAD-- - $16.00 33. 1 EPA 126PRIOIL POLLUTANT SCAN - 15.00
& - 10 -MERCURY :15.00 31. - 1 - TOTAL PETROLEUM :25.00
_ :6.00 HYDROCARBONS
6. 10 NICKL
7. 10-- SILVER - - --$6.00 35. 1 -BTX ANALYSIS $32.00
- - - - - -
.00 36. I VOLATILE ORGANIC COMPOUNDS :76.00
d. !0 _ ZINC $6
9. 10 - TIN- 66_.00 - EPA METHOD624____,__- _ _
10: _-10. - - - -SELENIUM $f5,4(j 37. I SEMI-VOLATiLEORGANIC :176.00
I._ - 10 BERYLLIUM _ _$6.00 COMPOUNDS EPA METHOD 615
12 10 BORON- :B.00 38. 1 - TO%ICITYCHARACT. $600.00
13. 10 _ BARIUM :6.00 LEACHING PROCEDURE
MISCELLANEOUS 40 CFR PART 122 APPENDIX D
14 10 -ARSENIC - - - $12.00 39. 2 _ TABLE 11 - :260.04
TABLE Ill (WASTEWATER)
15. 10 --LEAD SIPPB DETECTION LIMIT A12.00 40. - 8 - $
16. 4 CYANIDE - - $15.00 41. 1 --TABLE III (SLUDGE) „;1055.04
IT. 10 B_IOCHEMICALOXYGENDEMAND $10.00 42. l TABLEIV $240.00
•
Id 10 CHEMICAL OXYGEN DEMAND $10.00 43. 1 TABLE V
19. 10 OIL AND GREASE - $16_.00 44. t REACTIVITY _ 16.00
20 2 TOTAL SUSPENDED SOLIDS :9.00 _GROi1PCOS1
21. 5 - AMMONIA NITROGEN $9.00 45. 16- GROUP A _ $106.00
22. S _ GROSSALPHA $60.00 46. GROUPS __$159.00
23. S - - --GROSS BETA - - - $60.00 47. 8
GROUP COST 4& 8 GROUP D_ $140.00
24. 32 TABLE 1 VOC CONSTITUENTS $76.00 49. 6 ----SOIL ANALYSIS FOR PCB's :400
30 TAC 330.241 YES_O_R_N_O_QUESTIONS
25 I PURGEABLE HALOCARBONS-EPA $57.00 50. 20 BIDDER MUST BE ABLE TO IIIO
METHOD 601 PROVIDE PICKUP SERVICE FOR
26 1 PURGEABLEAROMATICS-EPA $36.00 SAMPLES
METHOD 602 51. S PLEASE QUOTE ADDITIONAL COST n1c
27. S_ PHENOLS-EPA METHOD 604 $69.00 FOR AFTER HOURS ANALYS _
28. I ORGANOCHLORINE PESTICIDES $66.00 52. 5 PLEASE QUOTE ADDITIONAL COST 60%
AND PCB's EPA METHOD 608 FOR EMERGENCY ANALYSIS
29. 1 POLYNVCLEAR AROMATIC $69.00 53.1 25 PLEASE QUOTE PRICE FOR SHIPPING NC
HYDROCARBONS EPA METHOD 610 SAMPLES IF OUTSIDE SIXTY-MILE
30. 1 CHLORINATED III'DROCARBSON $115.00 RADIUS
EPA METHOD 612
r
KID6 ION 1411,l. f f f ~III It NAM I: ANNINLMOIDWANIF ArrHrum; fain Anrcbew llkw I~ebape
ANALVI ICAI. I F.51 INC. fibormforLn Is
OPEN DATE JhLY It 1996 TOTALS TOTALS TOTALS TOTALS TOTALS
PAGE I OF l
1 QTY DESCRITION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR_ VENDOR VENDOR VENDOR VENDOR_
I.. III CADMIUM fs 00 $66.00 - sum - .$65.00 -$750 $76 .00 .$600 $60.00 u.00 x.00
L I$ CHROMIUM _ $500 Siam _ $5.50 iss.00 $7 a0 _ Who _ 0.66 _ 380_.0_0 i6_.OQ _ 360.00
> io COPPER $5.00 $50.00 0.1k0.1k) 558.00 $750 _ f7a 00 18 00 80._00 _ X6.00 w
e, 1e LEAD_ _ 0.00 -:50_00 _ _16.60 _ _$55.00 _---$7.60 _ $75.00 _ $6.00 _ $80.00 311.00 1140.00
S 10 MERCURY - _$20.00 _ _$20000 513.76 $137_60 _51360 _:138 00 _ _$18.90 _ 160.00 _316.00 3150:00
6, _ -14 nlCrai - id 00 160 00 sa ao 0 o0 i7 60 176 00 I KIM 160 00 ---i6A0 $60:00
7. It SILVER - 55 OO _ _ 560.00 $660 $66.00 - $750 3T6 00 - 00 360 00 00 660.00
L it - zmc 3a 0o no.o0 6636 555:00 3760 $7600 - 9F.00 -30 600 _w.00
TU4 _ a 00 - 30.00 36.-so iaa:6o ~ii bo -67s oo -0.66 _ sw oo $0.00 -W,o
Il -!Y S6LENHIM _ 11" 00 s1o0AO - $6:60 sa3.oo-- - $760 $76.00 36 00 ~eo-oo 610 oo _ ~6~so.-oo
$50-00 ss:so _ Wbo- -s~ s0 - ~7s o0 0666 -UO._0 se.00 600:60
I2: w BORON - $5.0_0 Who ,60 $36.06 67.50 _ 67600 66.00 $0.00 66.01 W-1:4
00 $50.00 66 _ _.=00 :7_0 600 0.66 -.--_-$.00 $6.09 f8'0_ON
Ml9CELl.ANEOUS__
to 1e _ ARSENIC 120.00 $20000 15.50 166.00 $7.60 $75.00 $600 - $9000 $1200 $120.00
I& IS LEAD (IPPII DETECTIONUMIT) $20.00 020000 WA UAW 61$:66 - P ON 01000 310900 61200 i12o:no
16. 6 CYANIDE O&W 3so0.b0 bo.i6 361.$0 Mid " - 3146 e0 _ Who s72 ao 616.0_0 330.00
17. 1e etOCHEMICALOxviceNDEMAND 612,.06 ,....._6120.00 .611.00 .110_00 $28.00 --29000 _ 612_00 -3120.00 _$10_.00 6100.00
1L 1e Ce>;MICALOXYCENDEMAND $12.00 $120.00 $11.00 $110_00 127.20 1272.00 -...$12.00 $120.00 $10.00 _$100.00
OILANDCRLASE $16.00 _6160-00 - =Ii:6o i166:o6 6~e.~o -~3e~.oo -_-ii 5o _ -1a.oo -6166.66
TOTAL SUSPENDED SOLIDS $1500 $30 00 . _ 58 26 $1l.a0 61780 620 00 1600 ~ 1l.0011. ! AMMONIA NITROGEN 31000 660 00 69.36 WON 0160
110900 6900 00 00.00 .00
u S GROSS ALPHA 380 OO W015.66 $13.-rd 6as A 34860 112-8 .46 - 619 eo s7-6o 360.0_0 3660."60
Wis _
u - ! GROSS BETA _80.00 _ 46_60 -619.60 X60.00 _300.00
0mobc
GROUPCOST _
14 32TAIUIYOCCONSTITUENTS--- $100.00 $3,200.00 $88.00 07,816.00 $111.75 $3,576.00 $96.00 $3,040.00 $75.00 $2,100.00
_ 30 TACx10._lit_
iS I PURGLAIldHA &ARt60NS-EPA 360.00 - "--680.00 ._380.50 ...$60.50 $119.20 $119.20 --$60.00
METHOD 601 PURGEAIU AROMATICS•EPA __$60.00 960.00 $49.60 $49.60_ - $88.00 $66.00 06.00 06,66 131.00 63a.D0
METHOD 602
n. 5 PHEF40MEPA METHOD 601 _ $50.00 _ _1250_00 $68.00 W6.0 $3S 2O 117800 _ _-$80.00 6300 oo _ ~Es.o0 _ _6s46.o0
1e. _1 ORGANOCHUORmEPESTICIDES -6$O.f7 690.00 _666.26 $66.26 140.x0 6140.90. ..386:00 366.00 --$66.00 666.00
_
ANDPCI'SEPAMETHOD b01 _ _0
29. - _ 1 roLYNUCLEARAROMATIC-. 65.00 - ....$66.00 366.76 _ 688.76 $176.80. _ 5178.80...$60.00 ----660.00... $69.00... .689.0
111 DROCARIONS EPA METHOD 610
10. - - 1 - CHLORUVATEDHYDROCARRSON... __..35Q.00 $50.00 - $60.20 $60.20 $119.70+ $119.20 _ _$80.001 06.66 ~ Wsho 0116.66
__...._.....,.EPAMETHOD61l.
F
I
: DI D / 024 ,
BIUNAMF ANNIIALSOLIDWASIE Ara+lron6 Cerler Apaches Tole* t"b"Pe
ANALYTICAL TESTING Laboretorks Eavtmomealil Ise Im Tud"
OPEN DATE JULY 23. 19% TOTALS TOTALS TOTALS TOTALS TOTALS
PAGE I OF 1
OR NDOR VENDOR VENDOR VEiiGO t~ VEND01~ VFiI~OR_
_4TY DE8CRIPTION VENDOR VENDOR VENDOR VEND VE
n. _ I PURGEAniiPAMiiaoa611 $10000 =100.00 $6300 166.00 $119.20 =11920 $10000 __610000 $116.00 :116.00
a _ i ~ . iiiih4iiji"i, Acii Am6 - =260.00 15,000.00 . iZZD.OG =660.00 634440 61.376.20 _.1260.00 =1.000.00- -6226.00 __6900.00
PESTICIDES EPA METHOD 625 _
- 2 -E~AI76 iRtoR roLi vFANi s - -:600 00 _:1.000 00 _ :,29.00 _ _=668.00 78280 61.68660 . _$300.00 _ 61.000.00 8415.00 $00.00
is ror~i~etiloLCUM - 630.00 $30.00 619.26 619.26 $24.00 $24.00 628.66 iii.00-6V226A0 6200
aYDROCARDONS _ _
--WXANALYSIS 532.00 -_-$32.00 127.60 _ 627.60 646.00 $45.00 63000 - 630.00_- 32.00 032-A00-
x 1 _W-iji £oRCkICCCGMFOUND3 6125.00 $126.00 668.00 568.00 1!119.20 6519:20 $125.00 6126.00 675.00 67500
ETA METHOD 624
- 6ii6:oo -6ti7e.00 64ib.oo
31 sEnilwoiwrcaoicAivHi 6176.00 6576.00 $220.00 $220.00 6si4so __"J6 - W kid
COMPOUNDS EPA METHOD US - ---60.00 - 6800
$500.00 $800.00 6600.00
TOx1C17YCHARACT. 6660.00 -$560.00 -6611.50 6611.60 $660.00 $6.00
_ ____LGCHWGLROCEDURE
40 CPR PART 1,22 APPZ"M D
2 TABLE H $40000 $800.00 $30800 $516.00 $60480 $1.20960. $37600 {750.00 $260.00 $600.00
188 00 6160400. _ 1121 00 61000 0_0 610540 66406_0
TABLE IH ~W ASTLW A7LR) 1110,00 _6660.00 612100 3966.00 011-8.0-0-
41. 4 _ TABLE III (9LVDG 6~ 6110 00 -.6440.00 - $121.00 6481.00 ...6188.00 -76200 } - .612600 600 OQ 0106 00 6420 00
42. I TABLE rv 6295.00_ 6296.00 _...6ZT0 00 _6220..00 6T32.00 _ 6732 0_~ 6238 QO 23500 _6240 00 $240.00_.
u, i TABLE v - - 6060.00 6950.00 6826.00 6826.00 No Bid 6000 7:876.00 _75 00 6-0.00 900.00
REACIWITV $40 00 64_0.00 $33.00 ---W-60 - 666 60 _ i-a o0 6x6.00 _ 6=00 is.oo
GROUP COST
16 GROUP A 310.60- $11000 :1,76000 $74,25 610186.00 $196.40 _ :3,110.40 _ $97.00 $155200 $106.00 Si 886.00
46. 4 GROUPS $7-4-0-b-0 $169.60 $SWW 6262:00 ,008.00 15200 60800 6159.0_0 36.00
4r. 1 GROUP c W16 $36000 _ WIG 094.00 $106.40 $051.20 66300 660400 68700 169600
i6. _ _c a-Li 6 - _10760 666600. 610176 6614.00 $192.60 164240 341000 688000 614000 61520.00
270;00
--AIL AN~ivsu FOA PCB•e _635.00 _ _621000. _ 6.3D 76 6211.30 692_80 _ -656 60 _ 63Z 00 _ _ 159200 _ Who
30 N BIDDER MUST BE ABLE TO y" We -0
PROVIDE PICKUP SERVICE FOR
SAMPLES
SI. ! PLEASE QUOTE ADDrTIONALCO3T ZO% 26% 'O•
FOR AFTER HOURS A*: %LVSLS - - -
40% .
SL . 3 PLEASE QUOTEADDRIONAl,CO57 60% 60% 100% W%
FOR EMERGENCY ANALYSIS _
Si 23 PLLASEQLOTEPRICEFORSHIPPING $10.00 Fd0 D!B NB C
SAMPLES IF OUTSIDE SIXTY-MILL
RADIUS _ I $16,746.00 614,345.10 $22773.20 $56.648,00 616,4400
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MY of DENTON, TEXAS ENVIRONMENTAL SERVICES / 1100 MAYHILL ROAD / DENTON, TX 76208
MEMORANDUM
DATE: August 6, 1996
TO: Denise Harpool, Senior Buyer
PROM: Vanetta Verbosh, Laboratory Supervisor
RE: Selection of Contractor for BID #1924
-Annual Solid Waste Analytical Testing
This contract is to select a laboratory to perform the analysis of groundwater monitoring
well samples from the City of Denton Municipal Landfill. These samples are required
as part of our TNRCC Municipal Solid Waste Permit. It will also cover analytical testing
of sludge samples in compliance with the EPA and TNRCC discharge permit
requirements which the Denton Municipal Laboratory is unable to analyze for at this
time.
Bids were received from five testing laboratories; Armstrong, Certes, Anachem, Talem,
and Inchcape. All bid materials were reviewed for cost comparison, EPA Quality
Assurrance reports, Texas Natural Resource Conservation Commission (TNRCC)
inspections, and subcontracts for the analysis we have requested.
The lowest bid was by Certes Environmental Laboratory but they have not been in
business over ten years, as requested in our bid specifications.
The second lowest bid was by Inchcape Testing Services. They have been in business
over ten years, had good Quality Assurrance results, and were the only lab that would
not be subcontracting out any of the analysis requested.
An inspection of the Inchcape Testing Services facility willbe scheduled after awarding
the bid, before samples are submitted.
8171383-7609
x
DATE: AUGUST 20, 1996
CITY COIIlYCIL_RFEM
TO. Mayor and Members of the City Council
FROM. Ted Benavides, City Manager
SUBJECT: BID # 1929 - COOLING TOWER RENOVATION
We recommend this bid be awarded to the lowest bidder, Midwest Towers
inc. in the amount of $124,839.00 plus a $25,000.00 amount for repairs to the fillings system and
$1,653.00 for an optional fiberglass distribution box. Total award is $151,492,00.
SlMfHARY: This bid is for the repairs to the cooling tower for the Spencer Unit Four turbine as
outlined in the August 8, 1996 memorandum from Jim Thune, Manager, Electric Production Division.
The bid award includes a 525,000.00 sum for repairs to the filling system damaged by the hot water
basins failure. This amount is a fixed cost for unknown repairs that may or may not be required. The
needed repairs can only be determined after the tower is disassembled.
HA(`.K ,ROITND: Tabulation Sheet; Memorandum from Jim Thune, Manager, Electric Production.
PRnr, GROIT&AFUCMpL- Maintenance of Electric
Production facilities.
FISC•ALJMVACL- Funds for this maintenance project are available in the 1995/96 budget account
# 610-101-1011-5130-8339.
Respectfully submitted:
Ted Benavides
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
759.AOENDA
a
BID 0 1929
1
BID NAME ELECTRIC PRODUCTION MIDWEST f MARLEY PSYCHRO• BRANTON f MITCHELL
COOLING TOWER REPAIRS TOWERS COOLING METRIC CO. TECHNICAL
OPEN DATE JULY 25,19% INC. TOWER SALES
I QTY DP.SCRIY170N VENDOR VENDOR VENDOR VENDOR VENDOR _
RLPAIR TO UNIT FOUR
COOLING TOWER
4 CELLS
I. I LT DRIFT ELIMINATORS PER VIA S69AM 00 598,1%.N 19,111.00 1/216500 166,160.00
1 CELLS
L I LT HOT WATER BASINS PER VLIL 152.511.00 195,571.00 5SC121A0 583,01IA0 376,060.00
3. I LT HOT WATER BASIN HOOD 1 CELLS
PER VL C. 122,710.00 S78SL00 531,303.001 $69,113.001 569,910.00
L 1 LT OPTIONAL FIBERGLASS $1463.00
DISTRIBUTION BOIL I
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Agenda
Agenda kern
ORDINANCE NO. Date
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:
SECTION-1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications
on file in the Office of the City's Purchasing Agent filed according to the bid number assigned
hereto, are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
1926 M.D.HENRY COMPANY
$181,338.00
A
SECTION II. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid.
SECTl )MM. 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 arc 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.
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SECTIOXIV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized heroin, the City
Council hereby authorizes the expenditure of funds in the manner and in the amount as specified
in such approved bids and authorized contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,19%.
JACK MILLER, MAYOR
d
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CONITRACLI)OC
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DATE: AUGUST 20, 1996
CITKCOIINCILREPOR.T
TO: Mayor and Members of the City Cormcil
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1926 - JIM CHRISTAL ELECTRIC SUBSTATION PACKAGE..
BECOMMENDATIOTL We recommend this bid be awarded to the low bidder met ting
specifications, M. D. Henry Company, Inc., at the total dollar amount of S 181,338.00.
SUMMARY; This bid is for all materials necessary to duplex the Jim Christal Substation.
Industrial and residential growth in this area of the City has created the need to expand this
substation.
The lower bid ofClark Corporation did not meet the bonding and insurance requirements of
the Bid. The lower bid of Dis-Trap, Inc. was higher after adding the additional items not included
in their bid. Notices were mailed to thirty-two (32) prospective vendors and bid responses were
received from four (4) vendors.
BACKGROUNm. Tabulation sheet, Memorandum from Ray Wells dated August 6, 1996.
PRO.GRAMSJ"-ARTMENTSOR_GROUPSAFFECTED; Electric Substation Department,
Electric Utilities, and Citizens who are Electric Utility customers.
FLSCALIMPACT- Budgeted funds for 1996 Electric Substati ons Account #611-0080-RR87-
CDJC-9217.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
~L~JVvwv tJ 4- y }y
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
1926. age
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NIII N 1976
BID NAME JIM CHRISTAL ELECTRIC IIAMBV- CLARK DI8 TRAM MD HENRti'
SUBSTATION PACKAGE YOUNG CORPORATION PACKAGED COMPANY
OPEN DATE JULY 75.19% POWER SUBSTATIONS
SUPPLY
VENDOR VENDOR VENDOR VENDOR VENDOR
D6dCAltTiON VENDOR _ VENDOR
TOTAL BID AWARD $197,769.00 5173,769.00 $17707.00 _
CONDUIT'SOM£
WIRES,BATTERY
CHARGER, ETC.
NOTINCLVDED
(SEE BID)
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96 MIS - 7 11111: 10
CITY OF DENTON MUNICIPAL LMU77ES • 901-A TEXAS STREET • DENTON. TEXAS 76201
M B M O R A N D U M
TOO TOM SHAW. PURCHASING MANAGER
FROM: Ray D. Wells, Superintendent Electric Substations
DATED August 6, 1996
SUBJ: BID EVALUATION NO. 1926 JIM CHRISTAL SUBSTATION PACKAGE
exas=sxanxaxxeaxaaxaxxx=asxeaxxeaoxxaaxaaccx=xxxxaaxxxasxeaxac.:x
Bids for the duplex of the Jim Christal substation were opened
July 25, 1996. We had four vendors respond with bid proposals.
The low bid meeting our specifications and bid requirements is
M.D. Henry Company, Inc., of Pelham, Alabama. The amount
submitted is $181,338. 1 request this be placed on the city
Council agenda at your convenience.
Thank you.
RDW/js
'Dedicafed to Duality Service"
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Agenda No.._-_
Agenda Iteru
Date O
ORDNANCE NO.
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive sealed proposals 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 proposals are the best responsible proposals for the materials, equipment,
supplies or services as shown in the "Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-1, That the numbered items in the following numbered bids for n,ar,
equipment, supplies, or services, shown in the "Proposals" attached hereto, are q.Leu and
approved as being the best responsible proposal for such items:
RFSP ITEM
NUMBER Na YENDUR AMOUNT
1925 ALL HUNT TECHNOLOGIES S40,900.00
SECTION-1I. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals 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 Invitations,
Proposals, and related documents.
SECTION 111. That should the City and persons submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposal, the City Manager or his designated
representative is hereby authorized to execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the Proposal and related documents herein
approved and accepted.
3
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SECTION That by the acceptance and approval of the above numbered items Af the
submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the approved proposal or pursuant to a written contract made
pursuant thereto as authorized herein.
SECTIOII Y. 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: _
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DATE: AUGUST 20, 1996
CITY_COUNCII.REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: RFSP 111925 - AUTOMATED METERING PILOT SYSTEM
RECOMMENDATION. We recommend this proposal be awarded to Hunt Technologies Inc. in
the total amount of $40,900.00.
SUMMARY: This proposal is for the purchase of hardware and software to install a pilot program
to evaluate the feasibility of installation and retrofit of "Bill to Management Apartments" residential
electric meters. This system will electronically/automatically read meters through power lines,
thereby reducing cost of service, eliminate human error, report tampering and power outages, and
reduce the cost of reading meters.
Three (3) proposals were received in response to nine (9) Requests for Proposals mailed to vendors.
BACKGROUND.: Listing of respondents, Memorandum from Matt Napper dated July 29, 1996.
PROGRAMS,DEPARTMENTB_OR GROI P4 AFERCTEp, Electric Metering, Electric
Utilities, and Electric Utility Customers of the City of Denton.
FISCAL. IMPACT; Budget funds for Electric Metering for 1996, Account #610-134-1034-3700-
9224.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
4 0,/Y- p~
gneni Harpool 1
Title: Senior Buyer
Apkroved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
1925.age
4d Y.y)•
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RFSP # 1925 - AUTOMATED METER READING PILOT PROJECT
RESPnNSF.S RVCRIY D FROG;
1. HUNT TECHNOLOGIES INC.
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2. SCHLUMBERGER INC.
3. CUMMINS UTILITY INC.
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Wy o/ DlNTON, TEXAS MUNICIPAL BULL DINGO 215 E McK1NNEY • DENTON, TEXAS 76201
(817) 566.8200 0 DFW METRO 434.2529
TO: TOM SHAW !PURCHASING
FROM: MATTHEW MAPPER / ELECTRIC METERING
DATE: JULY 29,19%
SUBJECT: RFSP M 1925 -AUTOMATED METERING P"T SYSTEM
The opening date for Request for Pro;A , # 1925 (Automated Metering Pilot System)
was July 25, 1995. Two vendors submitta s quotes; Schlumberger and Hunt Technologies
Inc.
After careful evaluation of pricing and all required criteria therein, we have decided to
award Hunt Technologies Inc. the Automated Metering Pilot Project. Hunt Technologies
submitted the lowest price and complied with the criteria needed by the City of Denton's
pilot project.
In our current 1995-1996 operating budget we have S75,000 dollars allocated in capitol
projects (#96-103402) for the Automated Metering Pilot Project. The quote from Hunt
Technologies is si0ficamly lower than projected...... Therefore, we can double the
number of installations. Also, we can accelerate the time frame involved for full
implementation of the Automated Metering for "Bill to Management Apartments."
QNTY ITEM DESCRIPTION COST PER TOTAL
COST
I Standard Receiver $5,000.00 $5,000.00
400 Single Phase Turtles $70.00 $28,000.00
1 Computer/SoftwarelOpto Wand $7,500.00 $7,500.00
Software Maint. -1 year
Software Updates (Standard Features)
I Computer Printer $300.00 S300.00
I Freight $100.00 S100.00
Total $40,900.00
I respectfully submit the above items to you for approval at the next council meeting.
cc: Bob Nelson
Sharon Mays
Ray Wells
"Dedicated to Quality Service"
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ACende No.p
Agenda lfe ,
Dafe_ -
CITY of DENrON, TEXAS
MUNICIPAL BUILDING 11215E MCKINNEY • DENTON, TEXAS 76201
(817) 566-8200 • DPW METAD 434 2529
CITY COUNCIL REPORT
TO. Mayor and Members of City Council
FROM: Ted Benavides, City Manager
DATE: August 20, 1996
SUBJECT: APPROVAL OF AN ORDINANCE TO INCREASE THE CONTRACT FOR
PROFESSIONAL LEGAL SERVICES OF LLOYD, GOSSELINK
RECOMMENDATION:
Staff recommends <<pproval of a contract increase for professional legal services from Lloyd,
Gosselink, Fowler, Blevins & Mathews, P.C., to assist in Public Utility filings for an
amount not to exceed $25,000.
SUMMARY:
A contract increase is needed to continue additional representation from
of Lloyd, Gosselink before the Public Utility Commission of Texas. Becaus o of the wnsertd
extensive legal work required for the filings, conferences and hearings, Mr Townsend's work
will most likely involve costs up to $25,000.
i
BACKGROUND:
i
The Electric Utility has submitted its Transmission Cost of Service Package (TCOSP) to the
PVC as required by Substantive Rules 23.67 and 23.70. The TCOSP was submitted by all
electric generating utilities in Texas, including cooperatives, municipals, and private utilities.
The PUC has subsequently developed a hearing schedule to address each party's claim of
transmission costs and revenues. The hearing is critical because it will determine the rate
used for wholesale transmission of electricity over our system. In addition and perhaps,
more importantly, many of the assumptions made to determine wholesale transmission
revenue and costs could also be applied to distribution and generation under a retail scenario.
The Public Utilities Board recommended approval on July 8th of the contract increase.
"Dedicated to Quality Smice"
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City Council Report
Page 2
RESPECTFULLY SUBMITTED:
T
Prepared by: Ted Benavides
City Manager
R. E. Nelson j
Executive Director of Utilities
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\GOSSEIK.ptD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON# TEXAS AUTHORIZING CITY MANAGER
TO EXECUTE THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE
CITY OF DENTON AND LLOYD
P.C., A TEXAS CORpORATION•~SSELINK, FOWLER, BLEVINS i (~A~~S
THEREFOR; AND PROVIDING AN EF ECTIVEIDATE.E EXPENDITURE OF FUNDS
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECT---_ 1. That the City Manager is hereby authorized to
execute a Contract for Professional Services between the City of
Denton and Lloyd, Gosselink, Fowler, Blevins & Mathews, P.C. to
provide professional legal services with respect to Public
Utilities Commission Project Number 140451 Transmission Access and
Pricing Rules.
>iE-CTIO- N ILL That the City Council hereby authorizes the
expenditure of funds as provided in the agreement.
BECTIOx IIr That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the
day of 1496.
JACK MILLER, MAYOR i
ATTEST.,
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: 0 A
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EMPLOYMENT CONTRACT FOR
PROFESSIONAL LEGAL SERVICES
STATE OF TEXAS S
COUNTY OF DENTON S
This AGREEMENT, made and entered into this day of July,
1936, by and between LLOYD, GOSSELINK, FOWLER, SLEVINS and MATHEWS,
P.C., a Texas Professional Corporation, with Lambeth Townsend
having full authority to execute this Agreement on behalf of
LLOYD/GOSSELINK, 111 Congress Avenue, Suite 1800, Austin, Texas
78701, hereinafter referred to as "Consultant"; and the CITY OF
DENTON, a Texas Municipal Corporation, 21F E. McKinney, Denton,
Texas 75201, hereinafter referred to as "CITY".
RITNE66ETS
WHEREAS, the City needs to employ legal counsel to provide
professional legal services with respect to the Public Utilities
Commission Project Number 14045, Transmission Access and Pricing
Rules, and related filing requirements and hearings; and,
WHEREAS, The Consultant is willing to perform such services in
a professional manner as an independent contractor; and,
WHEREAS, the City desires to engage the Consultant to render
the services in connection therewith, and the Consultant is willing
to provide such services:
NOW, THEREFORE, in consideration of the promises and mutual
obligations herein, the parties hereto do mutually agree as
follows:
I. Bgope of Servicess The consultant shall perform the
following services in a professional manner working as an indepen-
dent contractor not under the direct supervision and control of the
City:
A. Services to be provided:
1. Consultant will provide those services as necessary to
meet all requirements of the Public Utility Commission-s
Project Number 14045, Transmission Access and Pricing
Rules and related filing and hearing requirements
including without limitation the professional legal
services with regard to submitting the transmission cost
of service (TCOST) to the PUC as required by substandard
rules 23.67 and 23.70 and to attend all hearings and
other proceedings before the PUC in relationship to
these matters and to consult with the City through its
Denton Municipal Utilities staff with regard to all
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filings, hearings, and other issues related to this
project.
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2. To consult with the city Manager, Executive Director of
Public Utilities, City Attorney and Administrative
Personnel regarding any and all aspects of the special
services to be performed, including legal research and
advice with respect to such matters. This will include
coordinating with the Executive Director of Public
Utilities, the City Attorney and their staff to effi-
ciently perform the services required and to preserve
the Attorney/Client privilege, work product, and all
other applicable exceptions to the discovery of docu-
ments produced under the Scope of Services.
B. The Consultant shall perform all the services required in
a timely fashion, and shall complete same in compliance
with schedules established by the City through its Execu-
tive Director of Utilities, as appropriate to carry out the
terms and conditions of this Agreement.
11. Terms The oervices of Consultant executions of this Agreement, and shall continue shall untile all services
hereunder have been performed. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of
the essence of this Agreement, and the Consultant shall make all
reasonable efforts to complete the services set forth herein as
expeditiously as possible and to most the schedules established by
the city, through its Executive Director of Utilities or as the
progress of this matter through mediation, meetings with the PUC
and/or PUC staff, may require. ,
III. Coanensation aad Method of pamant• 11 A. The Consultant shall charge the following fees for its profes-
sional services hereunder, based on the following hourly rates
for the attorneys and support staff involved in this matter:
Hourly Estimated
Staff Rate Hours
Lambeth Townsend 180.00 1
Law Clerk 75.00
Paralegal 75.00
Consultant agrees that all charges for the services hereunder,
including expenses, will not exceed $25,000.00.
Page 2
S. The Consultant shall have the employees and attorneys listed in
Section III-A above, devote the amount of time to this matter
as shown therein, but will try to reduce costs by utilizing
qualified principals, associates, and legal assistants wherever
possible. The Consultant shall bill the city through the
submission of invoices, statements, and other documentation,
together with support data indicating the progress of the work
and the services performed on the basis of monthly statements
showing hourly rates indicating who performed the work, what
type of work was done, and details of all services rendered,
along with any reasonable and necessary out-of-pocket expenses
incurred.
C. Additionally, the City shall either pay directly or reimburse
the Consultant, as the case may be, for reasonable and neces-
sary out-of-pocket expenses, including but not limited to,
telephone, telecopier, reproduction, postage, overnight
courier, and travel in accordance with Exhibit A which is
attached to and made a part of this contract for all purposes.
All copies will be charged at fifteen cents ($.15) per copy for
copies made within Consultant's offices, and as much photocopy-
ing as possible will be done by outside vendors at bulk rates
or by the City to reduce costs if bulk copying is necessary.
D. Upon completion of all services for a particular issue or
transaction, the City shall make payment to the Consultant
within thirty (30) days of the satisfactory completion of
services and receipt of an invoice or statement. The parties
anticipate invoices or btatements for services will be generat-
ed on a monthly basis and that said invoices or statements will
be sent on or about the 15th day of each month. All reimburs-
able expenses, including but not necessarily limited to travel,
lodging, and meals shall be paid at the actual cost, pursuant
to the terms and conditions hereinabove set forth. All
invoices and bills shall be approved by the Exe,-utive Director
of Utilities and the City Attorney.
E. It is understood that the Consultant shall work under the
coordination and general supervision of the Executive Director
of Utilities and the City Attorney.
F. All notices, invoices, and payment shall be made in writing and
may be given by personal delivery or by mail. Notices,
invoices, and payments sent by mail shall be addressed respect-
fully, Herbert L. Prouty, City Attorney, 215 E. McKinney,
Denton, Texas 76201, or to Lambeth Townsend, Lloyd/Gosselink,
111 Congress Avenue, Suite 1800, Austin, Texas 78701. When so
addressed, the notice, invoice, and/or payment shall be deemed
given upon deposit in the United States Mail, postage prepaid.
In all other instances, notices, invoices, and/or payments
shall be deemed given at the time of actual delivery. Changes
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may be made in the names and addresses of the responsible
person or office to whom notices, invoices, and/or payments are
to be sent, provided reasonable notice is given.
IV. Professional cospetenovs
A. The Consultant agrees that in the performance of these profes-
sional services, Consultant shall be responsible to the level
of competency and shall use the same degree of skill and care
presently maintained by other practicing professionals perform-
ing the same or similar types of work. For the purpose of this
Agreement, the key person who will be performing most of the
work hereunder shall be Lambeth Townsend. However, nothing
herein shall limit Consultant from using other qualified and
competent members of their firm to perform the services
required herein.
B. Pleadings, motions, orders, notices, instruments, discovery
documents, reports, and other legal documents prepared or
obtained under the terms of this Agreement are instruments of
service and the City shall retain ownership and a property
interest therein. If this Agreement is terminated at any time
for any reason prior to payment to the Consultant for work
under this Agreement, all such documents prepared or obtained
under the terms of the Agreement shall upon termination be
delivered to and become the property of the City upon request
and without restriction on their use or further compensation to
the Consultant.
Ve Establishment and Mainteaana of Aeoerdsr Full and
accurate records shall be maintained by the Consultant at its place
of business with respect to all matters covered by this Agreement.
Such records shall be maintained for a period of at least three
years after receipt of final payment under this Agreement.
via 1►udits sad Iaapeotions At any time during normal business
hours and upon reasonable notice to the Consultant, there shall be
made available to the City all of the Consultant's records with
respect to all matters covered by this Agreement. The Consultant
shall permit the city to audit, examine, and make excepts or
transcripts from such records, and to make audits of contracts,
invoices, materials, and other data relating to all matters covered
by this Agreement.
VII• Accomplisbaent of Projects The consultant shall
commence, carry on, and complete any and all projects with all
practicable dispatch; in a sound, economical and efficient matter;
and, in accordance with the provisions hereof and all applicable
laws. In accomplishing the projects, the Consultants shall take
such steps as are appropriate to insure that the work involved is
Page 4
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properly coordinated with related work being carried on in the
City.
VIII. Indesnity aad Indenenden Coatraa
A~latiawaA~w
A. The Consultant shall perform ai! services as an independent
contractor not under the direct supervision and control of the
City. Nothing herein shall be construed as creating a rela-
tionship of employer and employee between the parties. the
City and Consultant agree to cooperate in the defense of any
c
laims, action, suit, or proceeding of any kind brought by a
third
arise which may directl or tomissions on cthe
part of the Consultant or from any breach of the Consultant's
obligations under this Agreement. In the event of any litiga-
tion or claim under this Agreement in which Consultant is
joined as a party, Consultant shall provide suitable counsel to
defend City and Consultant against such claim, provided the
Consultant shall have the right to proceed with the competent
counsel of its own choosing. The Consultant agrees to defend,
indemnify and hold harmless the City and all of its officers,
agents, servants, and employees against any and all such claims
to the extent of coverage by Consultant's professional liabili-
ty policy. The Consultant agrees to pay all expenses, includ-
ing but not limited to attorney's fees, and satisfy all
judgments which may be incurred or rendered against the
Consultant's professional liability insurance policy. Nothing
herein constitutes a waiver of any rights or remedies the City
may have to pursue under either law or equity, including,
without limitation, a cause of action for specific performance
or for damages, a loss to the City, resulting from Consultant's
negligent errors or omissions, or breach of contract, and all
such rights and remedies are expressly reserved.
B. Consultant shall maintain and shall be caused to be in force at
all times during the term of this Agreement, a legally binding
policy of professional liability insurance, issued by Best
Rated Carriers, with a rating of A or A+, approved to do
business in Texas by the State Insurance Commission. Such
coverage shall cover any claim hereunder occasioned by the
Consultant's negligent professional act and/or error or
omission, in an amount not less than $1,00(1,000 combined single
limit coverage occurrence. In the event of change or cancella-
tion of the policy by the insurer, the Consultant hereby
covenants to forewith advise the City thereof; and in such
event, the Consultant shall, prior to the effective date of
change or cancellation, serve substitute policies furnishing
the same coverage. The Consultant shall provide a copy of such
policy or the declarations page of the policy, whichever is
reasonably satisfactory, to the City through its Executive
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Director of Public Utilities
of this Agreement. simultaneously with the execution
IZ. X*J3UR;ti2a f k9X j
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As In connection w
agreed and ith the work outlined in this Agreement, it is
cancel or efully understood by the Consultant that the city ma
terminate this inite2
greement at en d further work hereunder y
Consultant, consultant sh y time upon written to
performed under this Agreement all cease all work a notice to
Agreement by givin . Consultant may and labor being
that Consultant g the City fifteen (15) das terminate this
senting the Cit is no longer in a position to written notice
work satiafactorilConsultant shall invoice continue repre-
accordance with y completed and s the City for all
other d the terms of this A
greemen hall be compensated in
become theenta, or data, or work related tot All reports and
Agreement, Property of the city upon term nap jeot shall "On B• this
writing Agreement may be terminated
, by either part in whole or in part the other party to fulfil in the event Of
through no fault of t1 its obligationsuunder thief ilur~e by
that no such terminatfterminating party. Provided Agreement
t on ma party is given (ij written notice affected, unless ' however,
return receipt request (delivered b the other
by certified mail,
than thirty ) of intent to to
opportunity for calendar days to cure the failure a and of leas
to terminations consultation with the terminating party prior
r
4 C• Nothing contained herein or
require the City to elsewhere in
which is not pay for any work which Isis Agreement shall
submitted in compliance unsatisfactory or
Agreement. with the
terms of this
Z.
if necessary, it will use its PA"UM The Consultant agrees that,
through the uee Of mediation or efforts to resolve this matter
resolution set forth in chapter 154er forms of
and Remedies Code of the alternate dispute
(V•A.T.C.g,), Texas Civil Practices
ZI. lntile ~er~~ This a
agreement and underatandin agreement represent
tions, proposals g between the s the entire
herein to be°r oral agreements are int nded to any neg°tia-and n write t or nterseded by this written be integrated
supplem amendme
writing and signed by this agreement to be effective shall be
y the City and the consultant.
ZiI. ~4iQiiaaee rites
all federal, state The Consultant shall
cwith
local laws, rules, regulations, andordinainces
Page 6
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applicable to the work covered hereunder as they may now read or
hereinafter be amended, including but not limited to the Texas
Disciplinary Rule of Professional Conduct.
Xiii. dovernina L_!•s For the purpose of determining place of
agreement and law governing same, this Agreement is entered into
the city and County of Denton, State of Texas, and shall be
governed by the laws of the State of Texas. Venue and jurisdiction
of any suit or cause of action arising under or in connection with
this Agreement shall be exclusively in a court of competent
jurisdiction sitting in Denton County.
Xiv. Disariaination Probib+t•a• in performing the services
required hereunder, the Consultant shall not discriminate against
any person on the basis of race, color, religion, sex, national
origin or ancestry, age, or physical handicap.
Xv. Personnels
A. The Agreement to the consultant represents that it has or
will secure at its own expense all personnel required to
perform all the services required under this Agreement.
Such personnel shall not be employees or have any contrac-
tual relations with the City. Consultant shall inform the
City of any conflict of interest or potential conflict of
interest that may arise during the term of this Agreement,
in accordance with Consultant's responsibilities under the
Texas Disciplinary Rules of Professional Conduct.
B. All services required hereunder will be performed by the
Consultant or under its supervision. All personnel engaged
in work shall be qualified and shall be authorized or
permitted under state and local laws to perform such
services.
XVI. assicnability: The Consultant shall not assign any
interest in this Agreement and shall not transfer any interest in
this Agreement (whether by assignment, novation, or otherwise)
without the prior written consent of the City thereto.
Ivii. leverabiiitvs All agreements and covenants contained
herein are severable, and in the event any of them, with the
exception of those contained in sections headed "Scope of servic-
es", "Independent Contractor Relationship", and "Compensation and
Method of Payment" hereof, shall be held to be invalid by any
competent court, this Agreement shall be interpreted as though such
invalid agreements or covenants were not contained therein.
XVIII. Asanonsibilities tof~laias and Liabilitvs Approval by
the City shall not constitute nor be deemed a release of the
responsibility and liability of the Consultant for the accuracy and
Page 7
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competency of its work; nor shall such aroval be deemed an
assumption of such responsibility of the City for any defectoineany
report or other documents prepared by the consultant, its employ-
ees, officers, agents and consultants.
xIY• J[odifioat+on of ~►cre No w or modification of
this Agreement or of any covenant, condition v or limitation herein
contained shall be valid unless in writing and duly executed by the
party to be charged therewith and no evidence of any waiver or
modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting
this agreement, or the rights or obligations of the parties
hereunder, unless such waiver or modification is in writing, duly
executed as aforesaid; and, the parties further agree that the
provisions of this section will not be waived as herein set forth.
i XX
tional• CUtISUL The captions of this Agreement are for informa-
purposes only and shall not in any way affect the substan-
tive terms or conditions of this Agreement.
XX_• D"4inc sffeaIL This Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective
heirs, executors, administrators, legal representatives, succes-
sors, and assigns where permitted by this Agreement.
Zx AITNUM RZRSOt, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City Manager and
Consultant has executed this Agreement through its duly authorized
undersigned officer, dated the
day of
1996.
CITY OF DENTON
BY:
TED BF.NAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Page 8
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: C~
y
LLOYD, GOSSELINK, FOWLER, BLEVINS
i MATHEWS
BY: ;
Ji\HPOOCEII(\ppaSEIK.K
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CITY COUNCIL, REPORT A9en la No.
TO: Mayor and Members of the City Council AGeatla ]lem
Date c20
FROM; Ted Benavides, City Manager
DATE: July 3, 1996
SUBJECT: Habitat for Humanity of Denton -Sale of !terra in Citric Center Part;
R~COM IENDA71nrv• On 1 15,
facility use contract all 9% the Parks and Recreation Board recommended approval of a
owing 1 Habitat for Iumanity of Denton the right to sell crafts, food and nonalcoholic
beverages in Civic Center Park on September 28, 1996 (Attachment 1).
SUMS: Park Ordinance, Chapter 22, Section 22-26
unlawful for any person to offer anything for barter or sale (b) Concessions
for which an , exhibit an states that any shale be "it hire se admission fee is charged or render Msonal n8 for pay, conduct any place of
amusemyment public park in the city without first obtaining the Privilege of so doin rn~contract tion of any character for
such terms and conditions as may be provided the city council after receiving 8 the by recommendation with the city under
and recreation board on each such contract." of the park
On June 6, 1996, Habitat for Humanity Of beverages in Civic Center Park on September Denton permission to self as f will
take place at the Raise the Roof Fair !!l a from lo.-()o a.m. - 5:00 ale and nonalcoholic
qualified Tow-' fundraising event for the organ izationmwh?ch constructs homes swith
utcome partners who them buy the house from Habitat.
Activities at the event include a communi
vendors, food and soft drinks. community garage sale, music and approximately 15 booths of games, cr
(Attachment 3) are attached rot your A COPY Of in ormatione letter of request (Attachment 2) and the facility use contract
BAL1CGR0 itvn
-RQLM: Habitat for Humanity has held an annual fundraising event at the Civic Center and in
C me Center Park for the last two years. Previously, Organizers were able to contain vendors inside the Civic
Center or immediately adjacent to the building. Due to the growth of the event, the v {
located in the park, requiring both Park Board and City Council approval to allow sales. ending
booths will now be
PROGRAMS P 1E R GROUPS
AFFECTED: Parks and Recreation
F-~-~IMPArT• Department
The approval of this resolution will not have any impact on General Fund.
RESPECTFULLY SUBMITTED;
Ted Ben'avides
Prepared By City Manager
Ed Rodney, Director
Namndd tion D Orr ent
ector
Municip al Services and Economic Development
lµy js cchabi
t
• Agenda No,
CITY COUNCIL REPORT Agenda Item
TO: Mayor and Members of the City Council Date c~0
FROM: Ted Benavides, City Manager
DATE: July 3, 1996
SUBJECT: Habitat for Humanity o' Jenton - Sale of Items in Civic Center Park
RECOMMENDATION: On July 15, 1996 the Parks and Recreation Board recommended approval of a
facility use contract allowing Habitat for Humanity of Denton the right to sell crafts, food and nonalcoholic
beverages in Civic Center Park on September 28, 1996 (Attachment 1).
SUMMARY: Park Ordinance, Chapter 22, Section 22-26 (b) Concessions states that, "it shall be
unlawful for any person to offer anything for barier or We, exhibit anything for pay, conduct any place of
amusement for which an admission fee is charged or render personal service or transportation of any character for
hire in any public park in the city without first obtaining the privilege of so doing by contract with the city under
euch terms and conditions as may be provided by the city council after receiving the recommendation of the park
and recreation board on each such contract."
On June 6, 1996, Habitat for Humanity of Denton requested permission to sell crafts, food and nonalcoholic
beverages in Civic Center Park on September 28, 1996, from 10:00 a.m. - 5:00 p.m.. The sale of these items will
take place at the Raise the Roof Fair ill, a fundraising event for the organization, which constructs homes with
qualified low-income partners who then buy the house from Habitat.
Activities at the event include a community garage sale, music and approximately 15 booths of games, crafts,
vendors, food and soft drinks. A copy of the letter of request (Attachment 2) and the facility use contract
(Attachment 3) are attached for your information.
BACKGROUND: Habitat for Humanity has held an annual fundraising event at the Civic Center and in
Civic Center Park for the last two years. Previously, organizers were able to contain vendors inside the Civic
Center or immediately adjacent to the building. Due to the growth of the event, the vending booths will now be
located in the park, requiring both Park Board and City Council approval to allow sales.
PROGRAMS DEPARTMENTS OR RO jPS AFFE 'ED: Parks and Recreation Department
FISCAL IMPACT: The approval of this resolution will not have any impact on General Fund.
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Prepared Sy
e
Ed Hodney, Director
N.Oand tion D ent
r
Municipal Se rvices and Economic Development Iwpjs cchabi
F
Attachment 1
Parks and Recreation Board
July 15, 1996
Board members present: Tom Judd, Burkley Harkless, Loyce Wilson,
and Doug Chadwick.
Staff present: Ed Hodney, Janet Simpson, Bob Tickner, Janie McLeod
and Ricky Petty.
Others present: Tom Reece
Chairman Judd called the meeting to order at 6:00 p.m. The June
minutes were approved by a motion made by Harkless and seconded by
Chadwick.
DISCUSSION ITEMS
Strategic Plan. Hodney discussed the revised Strategic Plan and
the Board responded favorably. Chadwick asked if water resources
was addressed in Goal V. Hodney responded that it is addressed in
Goal VII. Judd commented that he liked having completion dates for
the Action Steps listed in the Plan. Chadwick asked what the next
step will be for the Strategic Plan. Hodney said that a master
plan map will be developed and graphics will be added to the text.
Hodney said the plan will then be reviewed by the Executive
Director and then presented to the City Manager. The Park Board
and the City Council will be asked to endorse the document. Hodney
said the Annual Action Plans will be created and evaluated by staff
each year of the Plan, and the evaluation will be shared with the
Board.
Continue Discussion Regarding Park Board Structure and
Appointments. Hodney said that by the next board meeting, all
members should be sworn-in and be oriented. Hodney added that the '
Election of New Officers will be on the agenda for the next
meeting.
ACTION ITEMS
Consider a Request from Habitat for Humanity for Sales in
the Civic Center Park. Simpson said that the last two years Habit
for Humanity has held fundraisers in the Civic Center and in a
portion of the park. The fundraiser has outgrown the Civic Center
and has moved outdoors to the Civic Center Park. Habit has made a
request to sell food and crafts in the park. Requests to sell
goods in city parks need to have the PARD Board's support before it
is presented to City Council.
Chadwick moved to accept the recommendation to let Habit for
Humanity to sell goods and crafts in the Civic Center Park. The
motion was seconded by Wilson and approved unanimously.
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Attachnent 2
Habitat for Humanity of Denton
PO Box 425
Denton, Tx. 76202
817-484-5006
City of Denton
Parks and Recreation Board
June 6, 1996
Dear officials,
Habitat for Humanity of Denton, an affiliate of Habitat for Humanity
International, is a nonprofit Christian organization with a goal of
eliminating poverty housing. Habitat builds homes with qualified low-
income partners who then buy the house from Habitat with a no-interest
mortgage. In the Denton affiliate's first two years we have helped two
families build homes and are working; on a third home. Each house costs
about $33,000 and has involved hundreds of Denton volunteers.
To help raise funds for the construction costs we have held a fall fund-
raising fair the past two years at the Civic Center. We plan to do a similar
event this year with the added feature of a community garage sale. The
garage sale, set up by categories, would be inside the Civic Center and
the music and fair features (approximately 15 booths of games, crafts,
vendors, food and soft drinks) would be in the park area between the
Civic Center and City Hall.
We request permission to sell items in the Civic Center Park and we are
ing permi
ask ssion to use the Civic Center the evening of Friday, Sept.
27, from 6 to 11) for set-up of the garage sale and permission to use the
park and the Civic Center on Saturday, Sept. 28, from early morning
through 6 p.m, for this fund-raising event.
Thank you for your consideration of this request.
Si cerely,
Bu y Hodge
Ha itat for Humanity
Fund-raising chairwoman
382-9229
z
Cr\"PDDCS\RTS\HABIrAT
RESOLUTION NO.
A RESOLUTION APPROVING A DENTON PARKS AND RECREATION AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS, AND HABITAT FOR HUMANITY OF
DENTON FOR THE USE OF THE CIVIC CENTER PARK ON SEPTEMBER 28, 1996;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Habitat for Humanity of Denton, an affiliate of
Habitat for Humanity International, a nonprofit organization,
intends to hold its annual fund-raiser named "Raise the Roof Fair
III" on September 28, 1996 at the Civic Center and in Civic Center
Park; and
WHEREAS, Habitat of Humanity of Denton has requested that at
the time of its fund-raiser, that it be allowed to sell various
craft items, food items and non-alcoholic beverages in Civic Center
Park; and
WHEREAS, the Park Ordinance, Chapter 22, Section 22-26 (b)
Concessions, prohibits any person to offer anything for sale
without first obtaining the privilege of so doing by contract with
the city under such terms and conditions as may be provided by the
city council after receiving the recommendation of the park and
recreation board on each such contract; and
WHEREAS, the park and recreation board, on July 15, 1996 has
recommended approval of the facility use contract with Habitat for
Humanity of Denton, allowing the sale of various craft items, food
items and non-alcoholic beverages in Civic Center Park on September
28, 1996; NOW, THEREFORE,
I
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION I. That the City of Denton, in accordance with the
Park Ordinance, Chapter 22, Section 22-26 (b) Concessions, grants
Habitat for Humanity of Denton the right to sell various craft
items, food items and non-alcoholic beverages in Civic Center Park
from 10:00 a.m. - 5:00 p.m. on September 28, 1996, as provided in
the Denton Parks and Recreation Agreement.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: )
s
II
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• Attachment 3
CRY of DENT=
DENTON PARKS alt RECREATION AGREEMENT:
For Use At All Facilities
NAME OF PERSON MAKING RESERVATION Sunny Hodges
ADDRESS F. 0. Sox 415, Denton, TX 76202
HOME PHONE (817) 382-9224 BUSINESS PHONE (817)484-5006
j ORGANIZATION REPRESENTED Habitat for Humanity
( ADDRESS P. 0. Sox 425, Denton, TX 76202 PHONE 5817) 484-5006 -
TYPE OF ACTIVITY Fund-raiser - Raise the Roof Fair III
NUMBER OF GUESTS 1200
GATE(S) OF RESERVATION September 28, 1946 _
CIRCLE: MON TUES WED THURS FRI SAT SUN
GROUP WILL ENTER BUILDING AT G PM
GROUP WILL BE OUT OF BUILDING AND ALL PARKING LOT AREAS AT 6:00 A4 OPM
OTHCR SPECIAL ARRANGEMENTS: with the approval of the City Council, Habitat for Humanity will
be allowed to sell crafts,food items and non-alcoholic beverages in Civic Center Park from
10:00 a.m. - 5:00 p.2. on September 28, 1996.
ALL REMAINING CHARGES AND BALANCES ARE DUE UPON COMPLETION (90 DAYS PRIOR TO RENTAL) AND
SIGNING OF THIS LEASE AGREEMENT.
Gym Hrs. B { DETAILS OF COST:
AetFAy Room Hrs. i { Subject to change
MuRI-Purpose Room Hrs. 0 {
Arts A Crafts Room Hn • 8
Courtyard Hrs. e {
Kitchen Hrs. • { ,
Auditorium (CMc Canter) Hrs. • { 225.00 .
Entirs 1!100 Hrs. 0 8
Other .Meaning........... Hrs. 0 S _ 150.00
BWg. AWL Hrs. • { 94.50
Vendor Fes Hrs. • {
Pella Security Man x Hrs. B {
{ 569.50 Total Due
{ - Deposit paw 128% o: RsnlaO
{ Bstanoa Due Dada
BUILDING DEPOSITASREOUIRED {
P/UO RECEIPT 0
staff In"Isis
The undersigned losses hereby agrees to sbWe by the rules and regulations established by Ms
Parks and Recreation Board of the Cloy of Denton The losses also egress to Irsy all fses and
charges ssaesad above. Unless the Center Supervisor or staff npresentallve receives
eance"Mion notice 90 days prior to date of usage, 100% of an Tea end charges previously
collecdsd will be Waned.
Slonaturs of Losses Dal*
Centel Supervisor/Recres0on Smiallet
rur+avrwn
il., kJ
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Agenda No._
Agenda Item
. Date G -
CITYOFDENTON TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817)5W-M7
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: August 16, 1996
SUBJECT: Resolution Authorizing The City Manager To Execute
Amendment No. 1 To The Public Transportation Contract
With The Texas Department Of Transportation
RECOMMENDATION:
Staff recommends the adoption of this resolution.
SUMMARY:
Upon approval of the city Council, this resolution would authorize
the City Manager to execute Amendment No. 1 to Contract Number
516XXF6011, Project Number URB9601(018) 1 with the Texas Department
of Transportation (TxDOT). On October 17, 1995, the City Council
adopted Resolution No. 95-068 which authorized the City Manager to
enter into an agreement with TxDOT to provide for the expenditure
of funds pursuant to Section 9 of the Urban Mass Transportation Act
of 1964, as amended. The purpose of the funding is to provide
financial assistance to SPAN to ensure that public transportation
needs are met in Denton.
BACKGROUND:
Transmit funding for the FY 195-96 totaled $141,390. Included in
that funding is capital assistance set aside for the purchase of
transit vehicles. This amendment extends the contract period until
December 31, 1996 to expend obligated capital funds. In effect,
this will allow the City and SPAN to purchase capital equipment to
support public transportation in Denton.
All other provisions of the current contract remain intact.
PROGRAMS DFp RTMENT$ OR GROUPS AFF1'c"IED:
None.
"Dedicated to Quality Service"
1
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FISCA IMPACT'
None. Approval of this resolution merely extends the contract
period to expend obligated funds that have already been approved.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
Ted Benav des
City Manager
Prepared by:
Jose Portugal
AAssistant to the City Manager
Attachments: 1. Amendment To Extend Contract Period
2. Resolution
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£.\MPDGCS\RES\TXDGT,AMD
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
1 TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the United States Secretary of Transportation is
authorized to award grants for a mass transportation program of
projects and budgets; and
WHEREAS, the State of Texas is authorized under Tex. Rev. Civ.
Stat. art. 6663b, to assist the City in procuring federal aid for
the purpose of establishing and maintaining public and mass
transportation projects; and
WHEREAS, on October 17, 1995, the City Council adopted Reso-
lution No. 95-068 which authorized the City Manager to execute a
Public Transportation Contract with the Texas Department of Trans-
portation and the State has forwarded and amendment to said
Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I,_ That the City Manager is authorized to execute
Amendment No. 1 to the Public Transportation Agreement on behalf of
thu City of Denton, Texas, with the Texas Department of Transporta-
tion to aid in the financing of public transportation, a copy of
which is attached hereto and incorporated by reference herein.
SECTION II. That the City Secretary is hereby directed to
affix upon the face of Resolution No. 95-068 a note that it is
amended by this resolution, and attach a copy of this resolution
thereto.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTER.S, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
gT
R
F
I AMENDMENT TO EXTEND CONTRACT PERIOD
2
3
4
5 RECIPIENT: City of Denton
6 PROJECT NO.: URB 9601(018)1
7 CONTRACT NO.: 516xxF6011
8
9
10 AMENDMENT TO CONTRACT
I1
12 NO. 1
13
14
15 STATE OF TEXAS
16
17 COUNTY OF TRAVIS {
18
19
20 THIS AMENDMENT TO CONTRACT made by and between the State of Texas acting by
21 and through the Texas Department of Transportation, here,nafter called the 'State", and the City of
22 Denton, herein after called the "Contractor".
23 WITNESSETH
24 WHEREAS, on August 31, 1995, a contract was entered into by and between the above-
25 mentioned parties, which contract provided for the expenditure of funds pursuant to the provisions
26 of Article 6663c, V.T.C.S.; and,
27 WHEREAS, the Contractor has been approved to extend the contract period in order to expend obligated capital
28 funds; and
29 WHEREAS, the capital purchase orders obligating tht capital funds were issued on, or before August 31,1996:
30 and,
31 NOW, THEREFORE, in oonsiderstien of the mutual covenants herein set forth, the parties hereto agree to amend
32 the above-mentioned contract as follows:
33
1
z
etTectivc on the final date of
revised to read "i his contract bowmc' mated or
cnicnce is
1 r 31. 1996, unless othe>u'j$0 term
Article 1, page s
1 1 terminate on D~'cemtx
the Dallas District Engineer, and shall terin
2 exetution by Ey+I{1BlT A
sherein aftcr Procidcd" under this conv act ~c odificatior is 526 , 260 00
3 modlBed a. tract of
av able ithout m
'mt P : with the above-mentinned corn
It The maximum amo budget includ~
t budget and shall sePlace the
5 attached hefelo is the revised projec ain in full force and
August 31, 1995. rocision, of the original contract shall tem
6 a-Mditions and F
lilt. All of the other terms,
Present 5 to be executed.
8 effect. artiesheretohavecalrsedthese
WVW
IN TESTIIv{ONY RFOF.tM P CONTRACTOR
9
STATE OF TEXAS CITY OF DENTON
10
it
12
13
14 c• ecuted
15 Certified as being effect of
16 for the Purpose
iag
11 &11vating widlor tern' Tide:
l8 out the orders, established
ams
19 policies, or work Pro,,
Date
20 heretofore approved and
21 audomized by Texas
TrartsPa'auon Camsntsston
22 trr~ ttre aut}tocst) of minute
23
24 Order 105811.
25
26 APPROVED
21
28
29 By.
30
31 DalasDistnctEnB~T
33
34
35 Date
36
31
38
39
40
41
42
43 2
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1 I Article 1. page 2, sentence l is revised to read this contract becomes etfective on the final date of
2 execution by the Dallas Distract Engineer, and shall terminate on December 31, 1996, unless otherwise terminated or
~i
3 modified as hereinafter provided."
4 II. The maximum amount payable under this contract without modification is $26,260.00. U-NIUBIT 1,
5 attached hereto is the revised project budget and shall replace the budget included with the above-mer:tionei contract of
6 August 31, 1993.
7 1111. All of the other terms, conditions and provisions of the original contract shall remain in N11 force and
8 effect.
9 IN TESTIMONY RTIEREOF, the parties hereto have caused these presents to be executed.
10 STATE OF 'T'EXAS CONTRACTOR
11
12 CITY OF DENTON
13
14
15 Certified as being executed
16 for the purpose and effect of By:
17 activating and/or carrying
18 out the orders, established Title:
19 policies, or work programs
20 heretofore approved and
21 authorized by the Texas Dale:-
23 .^2 Transportation Commission under the sud w6ty of Minute
24 Order 105871.
25
26 APPROVED:
27
28
29 By:
30
31
32 Dallas District Engineer
33
34
35 Dale
36
37
38
39
40
41
42
43
2
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Agenda No.F IIK us Alma
Agenda Item a
. Date d
CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE 817.5664309
Office of the city secretary
MEMORANDUM
t
DATE: August 16, 1996
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of current Board/Commission vacancies:
Cable T. V. Advisory Board - Council Member Cott nomination
Plumbing and Mechanical Code Board - Council Member Young
nomination
Traffic Safety Commission - Brenda Minnis has resigned. This is a
nomination for Council Member Beasley.
If you require any further information, please let me know.
I
J f r W ers
Secretary
i
ACCOOOF4
'Dedicated to Quatity Service"
Agenda No.
Agenda Item .
Date: August 70, 19%
CITY COUNCIL REPORT
TOt Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECTt City of Denton remaining in area code 817
RZC0MMENDATION:
Authorize the Mayor to send a letter to the Public Utility Commission
(PUC) expressing the City of Denton's position on remaining in the 817
area code.
BACRaROUNDt
Due to the explosive growth in cellular phones, pagers, modems and fax
machines, it is estimated that the 817 area code will exhaust all
numbers by January 1998. The PUC formed a task force to prepare a
number of options for numbering plan areas (NPA). Currently there are
two different proposal for forming NPAs. In both of these proposed
plans the City of Denton would not be associated with the Fort Worth
Metro NPA. The task force is to present its recommendations to the PUC
in late August. At the end of the year the PUC will announce the plan
that will be implemented for increasing the number of NPAs.
PR0GRAMS* DSPARTMENT3__OR QROUPS.AFFECTED
All citizens, major corporations and organizations in Denton.
I
FISCAL IMPACTt
Coats associated with new stationary, business cards, reprogramming PBXs
and notifying all personal and business contacts of new area code.
Respectfully submitted:
Ted Benavides,
City Manager
- - 1
na'ro~
CITY OF DENTON, TEXAS 215 E. McK/NNEY • DENTON, TEXAS 76201 • TELEPHONE (817) 56""
mEXORAND_U_K
DATE: August 16, 1996 5
f
TO: Ted Benavides, City Manager
!ROME Gary A. Collins, Director of Information Services
SUBJECT: Area Code 817
Last night I attended the Public Utility Commission's Public Hearing on new area
codes in Wichita Falls. There was only 10 people in attendance besides the three
people from the Public Utility Commission. Only two people spoke to the
commission, Mr. Lee Smith and myself. I told the commission that I was there on
the behalf of the City of Denton, and the City of Denton needed to stay in the
817 area code due to its proximity to the metroplex and to avoid the costs
associated with changing the area code.
The Public Utility Commission (PUC) originally devised 6 different plans for
implementing new area codes. These plans have been narrowed to two plans which
I have attached for your information. I recommend that the City of Denton
support the second option with the modifications that the metropolitan NPA be
extended to include the City of Denton and all cormunities within the
metropolitan NPA be offered Extended Metropolitan Service (EMS). It is most
probable that the proposed metro NPA will keep the 817 area code.
The group that has developed the various options will be makin, a final
v
recommendation to the PUf . at the end of August. I have attached a draft of our
position that we need to send to the PUC for your review and approval. If you
have any questions please call. j
,
IV. /4IS
Gary Collins
Director of Information Services
'Dedicated to Ooali y Service"
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H&ND OUT 4® C®UNCOL 0/27/00
A Denton Fire Fighters Association A
I F P.O. Box 2534 Denton, TX. 76202 r
L Fire Fighter Fast Facts: 1
In the proposed budget, the General Fund has projected expenditures of over S36 million.
Our concerns are with only a traction of that amount. All of the public positions we rake
on the 96,197 Proposed Budget are defensive positions. They can be summarized as
follows:
1. Sala Issues - We request that the budget provide at a minimum a cost of
living adjustment by revising the proposed one-time lump sum payment Into a
true salary adjustment of at least 3% In October. We further request that the
Incentive Pay Award Program be combined with the lump sum funding to further
Increase the salary adjustment. Low wages can adversely impact recruitment, retention,
and morale. A pledge had been made to bring firefighter wages up to market median. Without an
initiative from the Council, Denton firefighters will continue to endure the lowest salaries of any
paid professional fire department in Denton County.
2. Staffing - We urge strong consideration be given to replacing the three
Firefighter/Driver vacancies that will be created after reclassifying three positions
to Battalion Chief. We fully support the addition of Battalion Chief positions as
essential and long overdue. Our objection is simply to the method of funding. We
do not support taking back three of the new positions added last year to reopen Central Fire
Station. The need for Battalion Chiefs is strong and clear but they should be funded on their own
merits. Staffing remains one of our prime issues because we fail to meet national standards.
Staffing is a vital issue of safety and efficiency.
3. Civil Service - The civilian transfer ambulance service, as proposed, conflicts
with the civil service law. The same is true fur the Incentive Pay Reward Program.
If these proposals are not revised to comply with state law, we support
eliminating them altogether. Your professional firefiighters and paramedics are products of
the civil service system. Civil Service is essential to the proper operation of the Denton Fire
Department. We can never support proposals that violate this state law. Beyond the legal
implications, both proposals are just plain bad ideas. We don't need low paid, lesser trained
civilians in dead end jobs trying to capitalize on the proud reputation of the Denton Fire
Department and our firefighter paramedics. And we don't need or support an ambiguous cash
reward program that begs for abuse.
Denton Fire Fighters Association P.O. Box 2534 Denton, 7X 76202
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Denton County Professional Fire Departments
Salary Sungey: August 1996
City SStamn ply
Carrollton $31,0821YR
The Colony $25,212 (Some volunteers)
Coppell $30,0001YR
Dallas $25,849/YR'
Denton $26,5511YR
Flower Mound $25,320 (Some volunteers)
Fort Worth $28,8001YR'
Lewisville $28,2361YR ($26,892 In Oct. '96)
Plano $31,0001YR
Conducted by Telephone Interviews August 20- 27
By th.: Denton Fire Fighters Association