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HomeMy WebLinkAbout08-19-1997 I City Council Agenda Packet August 19, ].997 J ~ • • AGENDA Agenda kb._~? ~3 7 f CITY OF DENTON CITY COUNCIL _ August 19, 1997 Agenda Item Date After determining that a quorum is present and convening in an open meeting the City founcil will convene in a closed meeting of the City of Denton City Council on Tuesday, August 19, 1997 at 5:45 p.m. in the Police Conference Room of the Denton Municipal Complex, 601 E. Hickory, Denton, Texas, at which the following items will be considered: L Closed Meeting: A. Consultation with Attorney Under TEX. GOV'T CODE Sec. $51.071 1. Discuss with City's attorneys and consider mediation, settlement, and strategy in the claim of Constance Tetreault, individually and on behalf of the estate of Michelle Jimeno and as next friend of Hillary Isenhower, Ashley Hesbacker and Tyler Shaeffer, minor children, against the City of Denton, alleging wrongful death in the drowning of Michelle Jimeno. B. Conference with Employees Under TEX. GOV'T CODE Sec. 551.075. The Council may receive information from employees or question employees during a staff conference or briefing, but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE V,RTH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOV'T CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOL `:N INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOVT CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, August 19, 1997 21 7:00 p.m. in the Central Jury Room of the Denton Municipal Complex, 601 E. Hickory, Denton, Texas 1 at which the following items will be considered: • 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to th:e, Texas, one and indivisible." • 2. Consider approval of the minutes of May 27, May 30131 and June 3, 1997. CITIZEN REPORT 3. Receive a citizen report from Nell Lights regarding a problem receiving utility services at 509A Maddox Street. I f • • City of Denton City Council Agenda August 19, 1997 Page 2 4. Receive a citizen report from Dessie Goodson regarding SPAN and Denton's public transit. 5. Receive a citizen report from Joe Dodd regarding the state of the real City". 6. Receive a citizen report from Ross Melton regarding concrete sidewalks, Central Fire Station's floor, and the Melton vs. Denton lawsuits. NOISE EXCEPTIONS 7. Consider approval of a noise exception for Cowboys for Codi, Inc. Memorial Rodeo for September 5th until 12;00 midnight, September 6th until 1:00 a.m., and September 71h from 2:00 p.m. - 10:00 p.m. 8. Consider approval of a noise exception for the pouring of concrete at the Carroll McMath Middle School, 1900 Jason Drive, on several dates during August and September 1997 beginning at 3:00 a.m. 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-tip information is attached to the ordinances (Agenda items 9-19). 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. If no items are pulled, Consent Agenda Items 9-19 below will be approved with one motion. 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, 9. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. (Bid #2061 - ® Miscellaneous Collection Services) , p 10. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. (Rid #2068 - Spencer Unit Three Generator Retaining Ring Replacement) • • 0 City of Denton City Council Agenda August 19, 1997 Page 3 11. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services. (Bid #2079 - Fire Safe House Trailer/Education Trailer) 12. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose { of payment by the City of Denton for electrical energy transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton. (P.O. #76728 - Texas Utilities, P.O. #76729 - Texas-New Mexico Power, P.O. #76730 - Southwestern Electric, P.O. #76731 - City of College Station, P.O. #76732 - Texas Municipal Power Association, P.O. #76733 -Brazos Electric, P.O. #76734 - South Texas Electric Co-op, P.O. #76735 - Medina Electric Co-op, P.O. #76736 - Lower Colorado River Authority, P.O. #76737 - Houston Lighting & Power, P.O. #76738 - West Texas Utilities, P.O. #76739 - Magic Valley Electric Co-op, P.O. #76740 - Central Power & Light, P.O. #76741 - City Public Service, P.O. #76742 - City of Austin Electric Utility) 13. Consider adoption of an ordinance authorizing the expenditure of funds for the payment by the City of Denton for debt service payment for semi-annual billing to the Upper Trinity Regional Water District. 14. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal agreement with the DENCO AREA 9-1-1 District relating to participation in various City of Denton contracts which provide for the purchase of various goods and services. 15. Consider adoption of an ordinance accepting a tract of land, as shown in the dedication instrument executed by SAS & Associates, Inc. attached hereto, for street and utility purposes. 16. Consider adoption of an ordinance authorizing the City Manager to approve contracts and change orders not to exceed a certain amount; authorizing the City Manager, City Attorney, and the Risk Manager to settle claims not to exceed a certain amount. • 17, Consider adoption of an ordinance abandoning and vacating a right-of-way easement for electric transmission and distribution lines in the vicinity of the southeast corner of the r intersection of F.M. 2181 (Teasley Lane) and Old Alton Road, as it pertains to Lot 1, Block 1, Skyfab Addition, in the City of Denton, Texas. 18. Consider approval of a resolution cancelling the City Council meeting of September 16, • 1997. O 19. Consider approval of a resolution amending Resolution No. 4866 of the City Council of the City of Denton, Texas, approved November 18, 1980 pertaining to the funding of the City Warehouse and Service Center Facilities; approving the intragovernmental • • City of Denton City Council Agenda August 19, 1997 Page 4 allocation, transfer, and payment of City funds by the City Manager in order to accomplish the accelerated payoff of annual lease fee obligations owing to the City Electric Department fund. (The Public Utilities Board recommends approval.) ITEMS FOR INDIVIDUAL CONSIDERATION 20. Consider adoption of an ordinance authorizing settlement of the claim of Jeanette M. llarrison in an amount not to exceed $698.75; authorizing the City Manager to act on the City's behalf in paying the settlement, subject to the execution of a release of claim approved as to form by the City Attorney. 21. Consider adoption of an ordinance approving settlement and authorizing the City Manager to execute a Compromise Settlement Agreement in the claim of Constance Tetreaul;, individually and on behalf of the estate of Michelle Jimeno and as next friend of Hillary Isenhower, Ashley Hesbacker and Tyler Shaeffer, minor children, against the City of Denton, alleging wrongful death in the drowning of Michelle Jimeno. 22. Consider nominations/ appointments to the City's Boards and Commissions. 23. Miscellaneous matters from the City Manager. 24. New Business This item provides a section for Council Members to suggest items for future agendas. 25. Possible Continuation of Closed Meeting under Sections 551-071.551.085 of the Texas Open Meetings Act. 26. Official action on Closed Meeting items held under Sections 551.071 - 551.085 of the { Texas Open Meetings Act. • Following the completion of the Regular Session, the Council will convene into a Work Session to consider the following: r NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, A City Council deliberation and formal City action. At a work session, the City Council generally 0 0 receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being e • City of Denton City Council Agenda August 19, 1997 Page 5 closed to public input, Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. i 1. Receive a report, hold a discussion, and give staff direction regarding the 1997-98 proposed budget. CERTIFICATE 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 , 1997 at o'clock (a.m.) (P.m.) CITY SECRETARY NOTE: THE CENTRAL JURY ROOM CF THE DENTON MUNICIPAL COMPLEX 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 349-8309 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. ' ACCO03BC • O 8 I • ApenQe No. % "O3 7 Agenda CITY OF DENTON CITY COUNCIL MINUTESD,t, Item F -7/q -9 May 27, 1997 Date 7 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, May 27, 1997 at 5:15 p.m. in the Civil Defense Room of City Hall. ` PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney Under TEX. GOV'T CODE Sec. 551.071 1. Discussed and considered Sangster and Tetreault claims growing out of the drowning incident which occurred at Bell and Robertson Streets in November, 1996. B. Conference with Employees Under TEX. GOV'T CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Work Session on Tuesday, May 27, 1997 at 6:00 p.m. In the City Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: None Mayor Miller presented a proclamation for 'Stand For Healthy Children Day.' 1. The Council received a storm drainage briefing regarding the following: A. Received a report regarding various drainage plans • B. Received a report, held a discussion and gave staff direction regarding the Robertson Street drainage project. Rick Svehla, Deputy City Manager, stated that the Council had received drainage plans for Pecan Creek, Cooper Creek and PEC 4 which was a tributary of Pecan Creek. These studies were in the • existing CIP and in the upcoming CIP. The scope of these plans 0 0 dealt with the development within the City around and near the J creeks and the difference in the types of crossings for each type of creek. There were only five major crossings of Cooper Creek. These were located at Old North Road, Nottingham, Windsor, Sherman and Stewart. The existing CIP plan had funding for crossings of Cooper Creek. The Blue Ribbon Committee combined the money for those five crossings. The strategy for Cooper Creek was to look at improving those crossings by looking at ways to detain the water, slow it down, hold for a while and then let it go slowly out of • • City of Denton City Council Minutes May 27, 1997 Page 2 detention ponds. In effect, temporary lakes would be built. That approach was used as there was a large portion of the Cooper Creek watershed which was not developed and the land was available. That land could be bought or received through development. Pecan Creek went through the middle of the City. There already were several retention/detention ponds at North Lakes Park which were built for flood control. That land was probably the only land left to build the ponds for flooding ar. there were no other areas south of North Lakes to build a large enough pond to help. The strategy on Pecan Creek was to find ways to enlarge the existing channels. Both studies dealt with the ultimate design for controlling a 100-year flood. Two other strategies were included in the study. one was to remove some structures such as buildings in the floodway. One was bypass solutions which would build a bypass from one branch of the creek to another. The other possible solution was closing or removing some structures such as bridges or box culverts. These were very different strategies. One was to purchase land, when available, and build structures which would detain the water and the other was to enlarge existing structures in order to accommodate the water. Council Member Young asked if there were any detention ponds planned for Pecan Creek along Sycamore past skinner Street. Svehla replied no that there was not enough room for a pond in that area. i Council Member Young stated that there was one channel from Sycamore past the Phoenix Apartments and another from Bradshaw. What would happen to the area between Bradshaw and the Phoenix Apartments. Svehla replied that the main channel was owned by the Housing Authority. The land on the north side behind the Phoenix Apartments was owned by the City. \1 Council Member Young asked about work from Bradshaw to the Phoenix Apartments. O~ Svehla replied that work would be done in that area. Mayor Pro Tem Brock stated that she would have a problem closing streets as suggested in the studies. She assumed that there was no way that the increased value of land reclaimed would allow the City to repay the cost of that reclamation. Even if the City received • an increase in value, it would take a long time to repay. When the O • J City did such an improvement, private property owners benefited. She asked if there was any problem with the City making land more valuable to its owners by these expenditures. City Attorney Prouty stated that it was true that whenever a public improvement was done it generally resulted in an increased value of property. A legal way to handle that was through a drainage fee. That fee would capture the cost up front. When the improvements were done, an assessment could be done on a foot front basis. The • • City of Denton City Council Minutes May 27, 1997 Page 3 adjoining property would benefit from the improvements to the extent that the value increases. A prior Council decided not to pursue that proposal. Mayor Pro Tem Brock asked if there would be any legal problems using bond money. Could an argument be made that there was too much monetary benefit to the property owners. City Attorney Prouty stated no. Even if a drainage assessment was done, the assessment could only be up to the maximum value. if bond funds were used, there was no mechanism for assessing the value of the improvement. That would have to be done before the improvement was done. Svehla replied if the land came out of the flood plain due to the improvement, the value would increase as would the amount of taxes to be paid on that property. Mayor Pro Tem Brock asked if it were possible to pay for these kinds of improvements from a 4A or 4B sales tax. City Attorney Prouty stated yes that it could be done with both but that a 4B sales tax would be a better vehicle. A 4B sales tax was for those types of improvements such as public improvements. City Manager Benavides stated that staff was aware that the removal of structures or the closing of streets was not really a viable option but was one which needed to be presented to Council. Svehla stated that the cost estimates for Cooper Creek were $5 million and approximately $21 million for Pecan Creek. That was before land and engineering and included the removal of some jtructures. Council Member Beasley stated that the total amount of the projects 1 would increase the further out in years the projects went. If the 1 problems were going to be solved, a considerable amount of money would have to be spent. Either a larger bond issue was needed or • another type of funding mechanism. Council Member Cochran asked if there were federal requirements for implementing this plan. Svehla replied that there were no federal requirements to require the implementation of this plan. Because the City was trying to • build for the ultimate development/ runoff and trying to contain • J that 100-year storm in the channel, FEMA regulations allowed the use of all adjacent land. It was estimated that approximately 65 acres would come out of the Cooper Creek flood plain and approximately 200 acres on Pecan Creek. After the improvements were done, the project would be submitted to FEMA for their approval that building could take place on the land. Council Member Cochran asked about other alternatives such as underground structures. • City of Denton City Council Minutes May 27, 1997 Page 4 Svehla replied that those were not looked at. They were possibilities but the Blue Ribbon Committee looked at standard ways to handle the water. Many large cities had 'lakes' underground to collect the water and slowly release it. That could be done in Denton but would be much more expensive. Council Member Cochran stated that he was concerned about the street closings and noving homes, etc. He was also concerned about the concrete lined channels going through the community. He asked if the study considered only the efficient method of handling the water and not necessarily the aesthetics of handling the water. Svehla replied that the studies looked at the traditional ways that drainage projects were handled and ways to efficiently slow down the water. Both studies mentioned that there were alternatives to concrete lining. By making a project aesthetically pleasing, there was a lnrge effect on the flow of water. Council Member Kristoferson asked if there would be any negative effects if Pecan Creek were done on a CIP plan with only small portions done at a time. Svehla stated that it could be done a little at a time but the project would have to start at the downstream end. Pecan Creek started at Woodrow Lane as downstream from there there was no development. Mayor Pro Tem Brock indicated that at times there was the need to slow the water down as there was the impact of upstream ditches pouring water into the channels with nothing to slow the water down. If the project was started downstream, then would the water be poured out somewhere else such as on an undeveloped area. Would that cause trouble with the people who owned that land. Svehla replied no that it would not cause a problem as the flood plain was already there. For a 100-year storm, there was really no way to slow the water down from falling from the sky. When some of the water slowed down because the channel was too small, the rest of the water behind did not slow down and ran over the top of the 91 1 slower water. i f Mayor Miller indicated that Denton had not really experienced a 100-year flood. Svehla replied correct. Mayor Miller stated that the City needed to deal with the flooding 0 0 J problem over the next several years. He asked if there were other areas in Denton which were lesser problems or would all of the problems be solved if Pecan Creek and Cooper Creek were taken care of. Svehla replied that Hickory Creek was a third creek in the area but the majority of that was south of Denton with some tributaries here. There were localized drainage structures on Hickory Creek • .ry 7 • • City of Denton city council Minutes May 27, 1997 ` Page 5 which dealt with that drainage. There was a 1989 study which talked about the concept of ponds in the Ranch Estates area. Council Member Young stated that no one wanted to raise taxes but more money was needed to be allocated for drainage. He felt that $1 million a year needed to be allocated just for drainage because bridge maintenance was allocated of the drainage money. tie challenged staff to find that million dollars. He felt that the City did not have proper drainage off the streets. Mayor Miller stated that in the 1998-99 CIP there was over $2 million for drainage. Other means for funding drainage would have to be found as the City was currently spending over $1 million a year for drainage. $1 million would be $.05 on the tax rate. It was going to take a real commitment to address the problem. Council Member Young stated that the mayor was counting money spent with the CIP. He was suggesting spending $1 million through the General Fund for drainage. The priorities in the budget were wrong and there was a need to trim and cut in different areas to come up with the million dollars. Mayor Miller stated that there was a total community to provide services for and everyone needed to remember where the dollars would come from. B. Robertson Street Rick Svehla, Deputy City Manager, stated that several months ago j staff discussed with council a Robertson Street proposal. Originally the project looked at a way to go around the railroad overpass. As the Utility Department needed to do work in the area, a choice could be made to either bore under Bell Avenue or do an open cut for the piping. The open cut of the street was appealing as the bore would cost approximately $200,000 which was much more than open cutting. When culverts were built, the longer they were, the more efficient they were. That being the case, it would make sense to extend the channel across Bell Avenue to Robertson Street. • With that proposal, there would be a problem with some of the fire trucks from Central being able to go under the overpass. If the project was started at the bottom of the channel and proceeded in a straight line, the channel would be lower at the underpass. With this new design, more money was needed for the project. Originally there was $200,000 in the CIP for the Robertson Street culvert. The Utility Department would save approximately $200,000 with this open cut design and was willing to lend that money for the project. ® Added to that would be $100,000 which was designated in the first 0 0 year of the CIP for work to be done at Good Samaritan. Since the CIP was approved, the owner of Good Samaritan built additional improvemej.Ls and paid for part of those drainage improvements so that there was approximately $100,000 left over from that project. The original recommendation was for $500,000 for the project which was $200,000 of original money, $200,000 from Utilities, and $100,000 from left over Good Samaritan money. Council had a long discussion regarding the extension of Scott Street with a decision 1 0 0 i City of Denton City Council Minutes May 27, 1997 Page 6 not to spend all of the money on Scott Street but to use some of that money on the Robertson Street drainage project. Those funds were approximately $110,000. Since that time, the Community Development Advisory Committee recommended additional funding for Lakey Street and funding for a Bradshaw crossing in the amount of $340,000. Approximately $1.266 million was in the CIP for the Bradshaw channel from Bradshaw to the main channel plus $1 million for Bradshaw upstream for channel work. It was suggested to the Oversight Committee and recommended by the Committee to move that money up in the CIP. Debt service would have to be paid early. Bonds could be sold next year and have $1.266 million to use for the project. It would cost approximately $165,000 extra to move those funds up in the CIP which was not budgeted. All of the available money was approximately $2.2 million. It was felt that if all of the projects were bid togeth!r such as Skinner Street, Lakey Street, the Bradshaw crossing, the Robertson Street underpass and the $1 million for channel work, economies of scale would be received and the channel work could be done for approximately $1 million. $2.2 million of engineering costs would be added which would not cover the ground needed and had no contingency funds. It was felt that 10% was needed for contingency. The Oversight Committee originally recommended the entire project starting downstream and going upstream to Bell. $165,000 would have to be found to move up the bonds and $235,000 for contingency. The Drainage Subcommittee looked at ways to find more money for the project. It was suggested that perhaps more bond money could be moved up. In the last year of the CIP, there was $574,000 in miscellaneous money. If $270,000 of the miscellaneous money was movei up and the bonds sold early, it would cost $40,000. The whole need would be all bond money moved up which would add $40,000 to the $165,000 for a total of $205,000. If Council went in that direction, there would still be some hurdles to get past. The engineering costs would be approximately $216,000. There was money in the Robertson Street account and leftover money from the Good Samaritan project in the amount of $300,000. That would allow the engineering work to begin before December, the ultimate set of plans would be completed and bids could be let for the project. Council Member Young asked about the starting date of the project and the projected time for the project to be completed. r Svehla stated that the engineering phase could be started soon and by November 1st or December lst, the plans would be ready for bid. It would take approximately 12-18 months to build the full project. O Council Member Young left the meeting. O O Council Member Beasley stated that if the cost estimates were too low for the project, where would the extra money come from. She did not want to get into the project and not be able to do all of the project. Svehla stated that the engineering plans would remain good. The project would start at the bottom end of the channel and move upstream which could be done in parts if necessary. • 0 City of Denton City Council Minutes May 27, 1997 Page 7 Brock motioned, Beasley seconded to proceed as suggested by staff in the back-up materials. Council Member Durrance stated that he was concerned about the financial aspect of the project. Although he had some reservations, he felt the project was moving in the right direction. City Manager Benavides stated that if Council moved forward with the engineering, by the time Council considered the budfet, there would to an idea of the financial situation and other funding options could be presented. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 2. The Council received a report, held a discussion and gave staff direction regarding fiber optics contracts with the Denton Independent School District, Texas Woman's University and University of North Texas. Bob Nelson, Executive Director for Utilities, stated that over the last several years, the City developed an extensive fiber optic system. Three other agencies in the City were interested in using some of that system. Sharon Mays, Director of Electric Utilities, stated that the first project dealt with the DISD to use the City's linkage for their computers at all of their schoola. The DISD had asked for a contract which would link all 21 DISD facilities, 9 in the first year by August and the remainder in the 1998-99 school year. The second project was a partnership with UNT. This would be an extension of a long relationship with the University. By providing fiber optics to the University, the City would be able to do water quality monitoring where the outfall from the water treatment plant entered Lake Lewisville. The City and TWU already had a fully • developed fiber system and no additional projects were seen at this point in time. staff was asking for Council approval to move ahead in the development of an interlocal agreement with UNT and DISD. 1 Kristoferson motioned, Cochran seconded to proceed with the contracts with the DISD, TWU and UNT. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. • • • 1. The Council received a report, held a discussion and gave staff direction regarding a timetable for Board/Commission appointments. Jennifer Walters, City Secretary, presonted the timetable as shown in the agenda back-up materials. Consensus of the Council was to proceed with the schedule. .aY'...4M~uM1Wiaf'[, i 77 City of Denton City Council Minutes May 27, 1997 Page 8 With no further business, the meeting was adjourned at 8:30 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO038F f I i t i ~i • • CITY OF DENTON CITY COUNCIL NIMUES MAY 30 & 31, 1997 The Council convened into the Annual Planning Session on Friday, May 30 at 10;00 a.m. at the Marriott Solana, Education Center, Westlake, Texas. Present: Mayor Jack Miller, Mayor Pro Tern Brock, Council Members Beasley, Cochran, Kristoferson and Young. Absent: Council Member Durrance Mayor Jack Miller called the annual planning session to order. City Manager Ted Benavides welcomed Council to the Planning Session and Introduced Ken Bratz. Ken Bratz, facilitator, presented an overview of discussion items and activities for the planning session which were designed to assist Council in achieving high performance while dealing with a variety of diverse Issues. Mr. Bralz stated that individual differences and meshing of Ideas made the Council strong. Annexation Rick Svehla, Deputy City Manager, staled that Council was provided a map of the city and the surrounding area. He also stated that Council had expressed concern about the legislature's discussion of rules and regulations concerning annexation. To date the only bill which had been sent to Governor was a bill which required Denton to keep a public record of the extraterritorial jurisdiction which Denton all ready does. Mr. Svehla provided an explanation of the areas in Denton's extra territorial jurisdiction. Mayor Pro Tem Brock questioned the status of the other legislation regarding annexation. 1 Svehla distributed an updated list of the latest action on legislative issues available. • City Manager Benavides stated that unless Instructed by Council, staff does not plan to pursue annexation unless requested by developers. Council Member Cochran questioned why Denton's extra territorial jurisdiction extended to the other side of Lake Ray Roberts. • Svehla stated that was because the land In question was part of a two and half mile arc • • ` from the city. On the top part of the lake, the land designated was part of a park. Council Member Cochran stated he was concerned about zoning of private property on the north side of the lake. e i i i City of Denton City Council Minutes May 30 & 31, 1947 Page 2 Mayor Miller stated that he was a member of the Denton County Planning Commission which only had jurisdiction for property around the lake located In Denton County. Council Member Kristoferson stated that she was concerned that as the city annexed land that another infill problem was being created. She questioned why the city does not require the same drainage requirements. Svehla stated that the city does require developers to build to city standards. Council Member Kristoferson stated that some of the lots she was questioning were allowed to have septic systems. Svehla stated that the city subdivision rules and regulations allowed septic systems in lots which were a minimum of one acre. Council Member Kristoferson stated a concern for allowing septic systems to be built which eventually may not be taken care of properly. Svehla stated that current subdivision rules and regulations allowed septic systems but Council could change the rules and regulations if they desired. Afayor Pro Tem Brock stated that in some developments in the city's ET3 where city infrastructure was not close to the area that utility connections were cost prohibitive. Council discussed the cost and legal ramifications of requiring developers to use city utility services in an area which could have septic systems installed. Svehla stated that many of the older systems were installed when city and county regulations were not as stringent as they were currently. Septic systems were better regulated now and better designed. O Council Member Young requested that staff revisit the infill.policy particularly as it related to situations on Mayhill and Carpenter Road. The consensus of the Council was to direct staff not to proceed with any further in nexation proceedings directed at the donut holes on the map at the current time but only when ® requested by citizens and developers. tD • • City of Denton City Council Minutes May 30 & 31, 1997 Page 3 Council Committee Assignments i Mayor Miller stated that City Council committee assignments allowed the opportunity for Council Members to indicate which committees they preferred to serve on for the upcoming year. Council Member Young stated he preferred to serve on the Agenda Committee, Municipal Court Advisory Committee, and the Lalor Fund Committee. Mayor Pro Tem Brock stated that there were two issues regarding the Agenda Committee. The first was whether the Council wanted to make the Mayor Pro Tern a permanent member of the Agenda Committee; and If the Mayor Pro Tem was not a permanent member of the Agenda Committee, then a vote between Council Member Young and Mayor Pro Tern Brock was necessary to determine who served on the committee since both had expressed interest in serving. The Mayor stated that in the past the Agenda Committee was only the Mayor and the City Manager. Several years ago a third person was added. The suggestion was made that the Mayor Pro Tern be a permanent member of the Agenda Committee since the Mayor Pro Tern presided when the Mayor was absent. Council Member Cochran requested clarification concerning the policy of individual council members suggesting items for the agenda and what was the purpose of the Agenda Committee in the process. Mayor Miller stated that any Council Member could place an item on the agenda. The Agenda Committee does not filter the request. The request for placement of an item on the agenda was made of the City Manager who tracked all of the requests, plus agenda items which required further discussion, and items coming from boards and commissions and provided a time frame for consideration by Council. The City Manager prepared a draft o agenda for the committee's review and the amount of time needed to address the Issue was considered. r Mayor Pro Tem Brock stated that the suggestion of using the Mayor Pro Tern was made because depending on the who was Mayor the Involvement of the Mayor Pro Tem changed. Council Member Beasley motioned and Cochran seconded to make the Mayor Pro Tern a • • permanent member of the Agenda Committee and to revisit the membership to the committee next year. • • City of Denton City Council Minutes May 30 & 31, 1997 Page 4 Herb Prouty, City Attorney, stated that if the Council approved the motion official action was needed to change the Rules of Procedure. Council Member Beasley and Council Member Cochran withdrew the motion and second to make the Mayor Pro Tem a permanent member of the Agenda Committee In order that the issue be revisited next year. Council Member Kristoferson motioned that Mayor Pro Tern Brock serve on the Agenda Committee. Council Member Young motioned that he serve on the Agenda Committee. In a hand vote, Council Member Young voted in favor of placing himself on the Agenda Committee. In a hand vote, Mayor Jack Miller, Mayor Pro Tern Brock, and Council Members Beasley, Cochran and Kristoferson voted to place Mayor Pro Tern on the Agenda Committee. Mayor Pro Tern Brock was designated as a member of the Agenda Committee by a 5-1 vote. Based on Council Member Committee assignment requests, the Mayor announced the following assignments: Audit Committee Mayor Miller Roni Beasley Investment Policy Committee Mayor Miller Sandy Kristoferson ! Municipal Court Advisory Comm. Sandy Kristoferson Carl Young Neal Durrance Vision for Denton - 21st Century Euline Brock Roni Beasley Lalor Fund Committee Roni Beasley Mike Cochran Carl Young L • 0 I WA 0 0 City of Denton City Council :Minutes May 30 & 31, 1997 Page 5 Community Justice Council Neal Durrance Lake Ray Roberts P & Z Mike Cochran (911197) Economic DevelopmentlChamber contract/other related Issues City Manager Benavides stated that the Economic Development office consisted not only of economic development but also Main Street and the Airport. The city currently had a contract with the Chamber of Commerce for marketing for a little over $160,090 and the Chamber requested the same funding for next year. He reported that the Chamber had a committee to review the Chamber's relationship with the city as it related to economic development and markaing. The city staff attended the meetings at the Chamber. Staff requested Council direction concerning the amount of effort to put forth for economic development. Council Member Beasley questioned why there was a big drop In the city's economic development budget from last year to the current year. City Manager Benavides stated the difference in the budget was for the lump sum payment of sick and vacation payments made In the current year's budget due to the reorganization in November. llayor Miller questioned whither staff was requesting direction Just for budgeting purposes or required other direction. City Manager Benavides stated that staff requested direction concerning funding for the Chamber; whether or not Council wished to continue with a marketing contract with the Chamber; what the city's economic development department role was as it related to • activities concerning more business retention or attracting new companies, tax abatements, plan lines, and the effort to be put forth. Staff does financial analysis for Interested r prospects which told what effect the company had on city Infrastructure and what the city expected in tax revenue. Along with Airport, Main Street and the development officer, the department provided a lot of services. • Council Member Cochran asked how much of the funds expended for economic O O development came from general fund and how much from utility funds. Benavides stated that the economic development, Blain Street and airport received funding from the general fund. Economic development received an additional $10,000 from the 0 C. - 0 J • • s r . City of Denton City Council Minutes May 30 & 31, 1997 Page 6 utility fund. Main Street received $17,000 during the current year from Lalor and next year staff proposed that all funding come from the general fund. Airport got some revenues to offset general fund expenses. The Chamber contract received approximately $85,000 from utility funds and the remainder from the general fund. An Issue for the next fiscal year was that the current general fund portion of the contract was funded from one time money thinking that if the sales tax passed general fund dollars were not needed for administrative costs. Each year water and wastewater included $250,000 in the budget for plan lines which were considered economic development. Bob Nelson, Executive Director for Utilities, stated that when companies of a certain size came to Denton with a large electric use demand, they received a 50% reduction in their utility bill the first year with a 10% Increase each year until they reached 100% which look approximately six years. Council Member Cochran stated that he had a problem with spending utility money to support the Chamber of Commerce. He also questioned money spent out of the general fund and what the return was on the Investment. He requested Information concerning cities In Texas the size of Denton and their funding for the Chamber of Commerce. Cochran also stated that it was his impression that citizens were not In favor of tax abatements but that he was willing to consider specific Issues. Mayor Pro Tern Brock stated that is was economically much more profitable to provide utilities to a very large user. Brock indicated that moving Main Street and the airport into the economic development office made a lot of sense. She indicated that increased funding was necessary for expansion of the airport and additional funding was necessary for the Main Street program which was one of the city's most successful progrt:ms. Brock was concerned about the marketing contract with the Chamber of Commerce. Even though the marketing office was separate Pron. the Chamber, because the office was located at the Chamber, the public perception was that the city was turning money over to the Chamber. Without a general oversight committee with representatives from the city, the city was not • supervising the expenditure of the money. i City Manager Benavides indicated that the city received quarterly reports from the marketing office. Mayor Pro Tem Brock questioned if the city determined policy on how the money was • spent. ® • Benavides Indicated that outside of the general guidelines of how the money was spent the city does not set policy. • • i City of Denton City Council Minutes May 30 & 31, 1997 Page 7 Mayor Pro Tern Brock indicated that she was not satisfied with the cost benefit Information :hat had been received. She stated she would like the city to work on developing a report which indicated the benefit. Brock also was concerned because the marketing operation grew out of an agreement several years ago between the Chamber and the city with each providing half of the money. The current operation had no funding from the private sector. She indicated that the private sector was not contributing to the partnership, and she thought the benefits of the partnership to the private and public sector should be reviewed. Council Member Kristorerson stated that she supported the airport and thought that it was an under utilized area. Kristoferson reported that Linda Ratliff had Indicated to her that the Chamber provided some work that either Charter limitations or manpower prohibited the city from performing. She also requested a survey of why businesses were relocating to Denton. Council Member Cochran stated that one of the things the Chamber provided which the city could not was alcohol. He thought the Chamber participation was an expensive investment. Council Member Young stated that the Chamber bought alcohol but not with city funds but used private funds. Mayor Biller stated that he had spent many years in the private sector and Industries sought out cities in which to relocate. When a private sector organization was looking at a new community, the first contact was with the private sector. Mayor Miller indicated that industry looking to relocate to Denton were looking to see if Denton had a strong private sector organization. The Mayor felt that the City needed to have the private sector involved in the marketing program and Indicated that the city's economic development office does a great job. The Mayor indicated that he, the City Manager, the city's economic development office and the Chamber representative met every two weeks to • discuss development efforts. Without some kind of an ongoing partnership, some opportunities could fall through the cracks. Mayor Miller stated the city needed the private sector involvement but that the city needed to have in place some organization that the city was comfortable with and had an Investment In the strategic plan. He stated he favored continuing the current marketing effort with the Chamber and defining the details of the expectations, organization structure, partnership funding, and so forth. • Council Member Cochran said he agreed with the need for private sector but one of the • ways he defined private sector was private funding. He stated that with a private sector funded by tar or utility money that there was some question as to whether it was private or not. Cochran stated that in other communities one of the ways the private sector • • I City of Denton City Council Minutes May 30 & 31, 1997 Page 8 demonstrated its commitment to the community was by sharing in the funding which was how he felt Denton should also participate. Mayor Miller indicated that the Denton area was served by other electric utility companies. Private companies used funds to market the area surrounding Denton that they served. Because of electric deregulation, utility money needed to be spent on marketing to remain competitive. Mayor Miller felt it was an appropriate use of funds. Council Member Beasley stated that during the last year she was concerned with the use of general fund money for economic development efforts, particularly the Economic Development Corporation. She stated that her concern for the level of funding the city was providing and agreed that the public/private relationship be revisited. She questioned what the Economic Development Transition Committee was and requested more Information. Benavides stated that the Chamber of Commerce had organized an Economic Transition Committee to research direction and the relationship with the city. Linda Ratliff had attended the meetings as a city liaison. Council Member Brock was concerned that the committee was meeting to decide what their role and position was without any communication with the Council. Her concern was that the Chamber was setting policy without Council involvement but she felt better after the City Manager had explained the purpose of the committee. Benavides further stated that the committee was working to decide what direction they would take and what participation they requested from the city. Council Member Beasley stated that in reviewing the Chamber budget that she had a concern with spending $7,500 for two corporate headquarter visits. Council Member Young staled that the Chamber of Commerce promoted the city. He stated that the Chamber provided a quarterly report and had been working hard to sell the city. He stated that he does not think the city provided enough funding and wanted to fund the Chamber at the same level in the next budget. Council Member Cochran stated that part of the Chamber funding from the previous year was one time funding that was not available in the new fiscal year. , • Council Member Young stated that the funds came out of the utility area. • • i • e City of Denton City Council Minutes May 30 S 31, 1997 Page 9 Council Member Cochran stated that a portion came from utilities and a portion came from the general fund. tie stated that he objected to using utility money. Cochran stated that he felt the Chamber needed to work a little harder. Council Member Young stated that a reduction in the Chamber budget seriously effected their effectiveness. Council Member Durrance arrived at 12 [goon. Mayor Miller stated that large private sector companies such as Lone Star Gas had economic development coordinators who coordinated private sector to private sector. He stated that Denton had great qualities that needed to be sold and the city must view economic development funding as an investment In the community where everyone benefitted. He suggested that Council needed to have more control over the funding. Mayor Pro Tern Brock stated that as a representative on the Tax Abatement Committee that her conclusion was that there was no blanket tax abatements to be given. Each case was to be reviewed for its benefit to the community before abatements were considered. Council Member Beasley stated that she was not in favor of blanket tax abatements, and each opportunity should be reviewed individually. Benavides stated that the city entertained everything that was requested and considered the merits and made the prospect an offer which was based on Council approval. He stated staff direction was to take a more conservative approach based on benefit to the community. Ken Bratz assisted Council In identifying that even though they were not in favor of tax abatements Council would listen to each issue and make a decision based on its merits. The Council had also determined that they were fiscally responsible, Denton was a great city, • Council was morally responsible to the voters, the city and Chamber would have a compatible partnership with a proactive marketing effort, Denton was Interested in others r and welcomed new people to become a part of the community. City Manager Benavides stated that he had his direction. He needed to re-establish the true publiclprivate partnership with the Chamber in funding and discuss what expectations for • the use of the funds were and report back to the Council. p At 12:15 p.m. the Council recessed for lunch. At 12:45 p.m. the meeting resumed. 1 II • I City of Denton City Council Minutes May 30 & 31, 1997 Page 10 Public Trust Improve Communications with Citizens City Manager Benavides stated that staff had provided some information on actions other cities were taking to provide information to citizens by purchasing a full or half page in the local paper and using it to communicate information. He stated that the information he received was that the city does a lot of good things but was not getting the word to citizens. Council Member Kristoferson discussed the quarterly flyer Insert that the Denton Independent School District provided. Each Issue was used to communicate important information to citizens. The school district received many favorable comments on the Insert and the information provided. Council Member Young stated that he thought use of the newspaper was a good idea and the Insert was a better Idea. Young questioned how communication to citizens who were not subscribers to the newspaper was to take place and recommended using the cable or radio. Council liember Brock stated that on Wednesday's the Denton Record -Chronicle threw the paper to everyone but that advertisements were more expensive on that day. Council Member Kristoferson stated that the Insert the city currently used in the Parks and Recreation brochure was wonderful, but that the center newsletter section had become very wordy. She stated that if the city were to buy space in the newspaper that she opted to begin with only a half page to start. Council Member Beasley stated that the city had gotten very good coverage in the Record- Chronicle with more information concerning local Issues. She also stated that she appreciated the increased coverage of meetings such as the Planning and Zoning • Commission meetings. i Council Member Young stated that his concern in using the newspaper was that some citizens would not receive the information since they were not subscribers to the paper. Council Member Kristoferson stated that there was some level of personal responsibility • that the citizens had to take to keep Informed if they were interested in local government. • J Council Member Beasley questioned how much information was put on the city's government access channel. cam.-, • • City of Denton City Council Minutes May 30 & 31, 1997 Page II f Richard Foster, Public Information Officer, stated that all information that was supplied including meeting announcements, telephone numbers, holiday solid waste collection schedule, were examples of some of the information placed on the government access channel. The government access channel provided unlimited opportunities to display messages. Council Member Beasley questioned how many people actually sat and watched the channel for information. Council Member Brock stated that she was concerned about using inserts because she does not read them. She was impressed with the purchase of a half page for city communication. Council Member Young stated that it was the consensus of the Council that using the newspaper was a good Idea either by using a paid half page advertisement or an insert. Council Member Brock recommended increased use of the cable TV to broadcast more city meetings such as Planning and Zoning Commission either live or videotaped. She recommended that the more meetings which were broadcasted on the government access channel the better. Council Member Beasley requested cost figures to broadcast Planning & Zoning meetings on the local access channel. Council Member Cochran stated that more communication helped eliminate some misconceptions the public had about city government. A lot of questions the pnbilc had could be addressed either in the newspaper or In an informational pamphlet forum. Kathy Du Bose, Executive Director for Finance, stated that even though srime citizens were not receptive to the facts that the opportunity to Interact with the public un special projects • and provide the information built a lot of support from citizens Involved. I Bratz stated that most people were not Interested in Issues until it effected them. DuBose stated that for the last three years a budget In brief was inserted in the city utility bills to talk about the tax rate and how the city had reduced the rate. - • O e Council Member Beasley stated that the city should use as much free advertisement as possible. She also recommended that the city use a monthly half page In the newspaper to further communicate with the citizens. I C , • • i k City of Denton City Council Minutes %lay 30 & 31, 1997 Page 12 Council Member Young recommended implementation of the half page advertisement in the paper on a six month trial basis and the project then evaluated for effectiveness. Mike Jez, Executive Director for Operations, stated that the city tended to focus on problems and not celebrate successes. He stated that In the last ten years a lot of neighborhood organizations were formed and now over 20 who met on a regular basis. The city had a number of pamphlets and brochures available for citizens. Bratz suggested a list be made of citizen communication efforts. Council Member Durrance stated that the city had the opportunity to further expand the use of the public access on the cable to cover not only situational problems or Information dissemination but also to communicate future concerns such as electric deregulation. He felt an interview or presentation process used on cable to begin to discuss the Issues in a more public forum and advise the public on future Impact provided information to citizens. The Informational programs could be broadcast during Council Meeting breaks or before or after the meetings. Council Member Young stated that some of the efforts discussed were all ready being done by the Utility Department with information concerning reading meters and detecting water leaks. Foster stated that additional costs were Involved in producing the half page newspaper advertisement and the increased cable television operations. DuBose stated that In past budgets the staff and Council had reviewed costs for increased cable and press coverage and an Increased effort had some costs. 1 Council Member Cochran stated that agendas and minutes needed to be put on the city's website. Fie felt it was very cost effective and simple. He also questioned whether there was a budget for Council Member's to advertise community meetings for their district or use of inserts in utility bills. Layman's Guide to the City Cha er Council Member Cochran stated that in the campaign process his Impression was that the • p Council existed In a bunker mentality as an exclusive organization rather than Inclusive. .J He requested that Council take some actions to open up the process such as making charter user guidelines. Cochran stated that there seemed to be a public relations issue with the charter revision for a citizen. He felt the statement which appeared In the newspaper that 1 • • I City of Denton City Council Minutes May 30 & 31, 1997 Page 13 the citizen could get a lawyer was a little harsh. The Impression was that the city process was closed. His suggestion was that some guidelines for citizens on how to use the charter and what the rules were. He felt that if it were the policy of staff and Council not to accommodate the public that the policy should be changed. Council Member Young stated how simple the charter was. He felt the Charter was an easy document to read and follow. The specific incident in question with ;fir. George put fir. Prouty in a position of being the attorney for the Council and he could not represent or advise the citizen. Council Member Cochran stated that a user guide provided the information to the citizens without jeopardizing the legal staff. Prouty stated that the citizen group wanted to challenge a Council ordinance and made an adversarial relationship. Council Member Beasley stated that the impression that Council was exclusive developed when citizens were concerned about a specific issue and disagreed with Council's decision on the issue. She stated that often Council had additional Information that the citizen does not have which effected the decision. The recourse of the public trust was in voting for their Council representative at the next election. Mayor Miller stated that the charter was not a complex document. Council Member Cochran stated that the guidelines were necessary to isolate the issues of concern for further explanation. ` Bratz suggested that Council investigate methods to help citizens understand the charter rather than rewrite it. O Mayor Miller stated that in the incident in question the citizen understood the charter but was requesting legal advice. Prouty stated that when citizen asked about particular provisions of the charter the legal staff provided a copy of the charter and answered questions. 1 e Council Member Brock questioned who would write the guidelines because after a review O 0 of the particular section she stated it was difficult to make the Charter simpler than it was. Council Afember Beasley questioned what were the repercussions if the guide lead citizens astray. She wondered what the Council's legal liability was. f -.0w, RIP • • City of Denton City Council Minutes May 30 & 31, 1997 Page 14 Council Member Cochran stated that he thought the legal staff provided the guide. His impression was that there was not a consensus to provide the guide to the charter. Freedom of Information Council Member Cochran stated that it was his impression that there was a general negative reaction to citizens or press when requesting information from the city. He stated that an example that he had was when information was requested the person was required to go through an open records request. He felt that was unnecessary and produced an image that staff was not cooperative. Council Member Kristoferson stated that she looked at the process of open records requests not as a deterrent but as a tracking tool. Mayor Miller asked that the legal staff to answer the question because he knew that staff provided a lot of Information to citizens without going through a formal process. He stated that the formal request procedure was used mostly when there was a question of law. Council Member Cochran stated that the request for the by-laws of the Economic Development Corporation was a specific example. Prouty stated he was not aware of the request for Ats. Damico to go through the formal process. He said that if sl•e was asked to provide the request in writing it was done so that there was an official request to start the clock ticking. He stated that Ms. Damico requested the by-laws one day and received them the next. Mr. Prouty stated that 90-950 of all requests for information received and were supplied without legal review. Only the requests which could not be released by law or a request where the city had exception to disclosure under the law which the city exercised if desired and usually were related to litigation required a written request. In the litigation cases, the legal staff asked the • Attorney General for determination on whether the city could release the information. i Council Member Cochran staled that there has been some misconception on the by-law request. Council Member Durrance stated that the freedom of Information request was one of the • most simple documents to write. He stated that government was open but some hLoances • • provided for private thought and conversations. To build public trust, Council must show that it complied with all the legal provisions and took a very cautious and judicious approach to any request or question. • • I City of Denton City Council Minutes May 30 & 31, 1997 Page 15 f Council Member Cochran suggested an approach which gave an appearance of a positive reaction with caution. Council Member Durrance stated that could be accomplished by the Council with their relationship with staff. Mayor Duller stated that the Council had to work individually and had to be accessible to the public. Council Member Kristoferson stated that she had made it a point to be informed about her government representative and stated that she thought that was part of the level personal responsibility people must take for themselves. Mayor Pro Tem Brock stated that she witnessed staff providing a great deal of information to citizens. She does not think freedom of information requests were requested on each request. Council Member Cochran sugested that some information people requested was embarrassing to the city and that was not a reason for protection. He felt he was bringing a fresh viewpoint concerning perceptions and misconceptions of the citizens. Council Member Young stated that when he joined Council two years ago lie felt the city discriminated against minorities. When he became aware of city processes, he discovered that was not true at all. I~ Council Member Cochran also requested citizen input at work sessions. f Council Member Young stated that citizens asked a question at work sessions with f permission from the Mayor, and he had never seen the Mayor turn anyone down. • Central Fire Slat iop r Duke Jez, Director of Operations, stated that staff needed direction concerning renovation of Central Fire Station at the current location. Central Fire Station had major structural problems primarily in the shifting floor. A map was provided showing each fire station and ti the area of its coverage. Jez stated that the histu.; of the situation was that when Central 41 • Fire Station was closed the thought was that at sime time Central was to be relocated J somewhat south of its current location and ultimate ly Fire Station N3 was to be closed and a new fire station built In the southwest part of the city. Now that Central had reopened, Chief Chadwick's plan stated the city was safe in delaying the opening of another station - ..._r'-..-,..eye . _ . • _ - • t City of Denton City Council Minutes May 30 & 31, 1997 Page 16 for at least rive years or so. The current thought was that the new station was to be located somewhere in the southwest portion of the city if growth trends continued. Jez requested direction from Council concerning staffs recommendation to renovate Central Fire Station at the current location. Council Member Beasley stated she was in agreement. Council Member Young stated that he thought Central Fire Station should be relocated to a location on Oak Street between Austin Street and Bell Avenue. He felt the land located near IOOF cemetery was too far away from the central business district. Young stated that he was not certain that more money needed to be spent on Central and that he was uncertain if Central was large enough to accommodate future growth. He felt a state of the art station in the downtown area needed to be built in a different location. Council Member Beasley stated that she felt the city should renovate the current Central Fire Station at the estimated cost of $950,000. She felt the cost of building a new station at The current time was too costly. Council Member Young stated that it was his understanding that a future station in the southwest portion of the city by the Airport was to be funded partially by the federal government. Jez stated that originally staff had talked about putting a station near or on airport property because federal money was availab!-!. Research Into the funding possibilities had determined that federal money was not available for a fire station. Council Member Young stated that if renovating Central was the wish of Council, Council investigate the purchase of the land on Oak Street. Mayor Pro Tern Brock stated that the people in Denton had made it clear that Central • needed to stay where it was. Council Member Durrance questioned whether the first phase of renovation which replaced the flooring entailed removing all of the flooring down to the dirt. Jez stated that it does. Durrance stated that based on the renovation that was planned he felt it was a better Idea to renovate Central. • 0 z • • I City of Denton City Council Minutes May 30 & 31, 1997 Page 17 :Mayor Miller stated that he was not in favor of moving Central one Inch. He was convinced that a fire station needed to be in a downtown location and that location was where the current Central was located and supported the renovation. Council took a ten minute break at 2:15 p.m. Council resumed the meeting at 2:25 p.m. Use and Maintenance of Park Facilities for Youth Recreation Activities Mike Jez, Executive Director for Operations, stated that staff was looking for direction from Council concerning park maintenance and field utilization. Council was provided an overview of the current situation. He stated that staff does not have any supplemental funding requests in the 98 FY budget to increase service at the athletic fields which meant no more staff. Council Member Kristoferson stated that her request was not for more staff but directed at the dilemma of the contract that Parks & Recreation currently had with the Youth Sports Association. Her concern was that every Spring 3,370 children participated mostly in two sports, soccer and baseball, and many of the children participated in both sports. She stated that the baseball league which desired to end their schedule by the end of the school year had started the baseball schedule so early that soccer could not finish without overlapping. She stated that what developed for Parks & Recreation was the dilemma of having to maintain both sets of fields simultaneously to the caliber that neither was If they were taken care of one at a time. Kristoferson proposed that Parks & Recreation find a way to sit down with 211 the sports organizations and work out a schedule to Council's satisfaction. She stated that seven and eight year olds were playing baseball until 10:30 p.m. on school nights. Last year in the Parks & Recreation CIP, expansion of fields and increased lighting were designated the top priority. She stated that the funding for the A projects was in the last year of the CIP. She stated that an Increased number of fields that could be utilized for games eliminated late hour games. Kdstoferson requested that Parks ! & Recreation staff meet with sports officials and state there was to be no sport overlap so fields could be maintained and facilities maintained properly and no late games while school was in session. i ® Mayor Miller stated that he had received the same concern from a parent. • Council Member Young stated he agreed with Council Member Kristoferson's recommendations. Ile also questioned what had become of the PAL boxing program. I i i • • City of Denton City Council Minutes May 30 & 31, 1997 Page 1.8 Jez stated that when the program started six to eight years ago 250 children participated. The program ran for four years and when the program ended about two years ago only about five children were participating. Council Member Beasley requested information on what was needed to restart the program. Jez stated that in regard to sport scheduling staff would meet with the officials from the various programs. He stated that staff expected to receive major opposition from DYSA. Council Member Kristoferson stated that she believed there was a solution to the problem and all sports organizations must understand that a solution was imminent. Jez stated that historically compromise between leagues was not successful. Council Member Beasley stated that the city was in a better position than it had been many years ago and was working in the right direction to remedy concerns about adequate number of playing fields and maintenance. She had served &s chairman of the Parks bond committee and had serious discussions when considering what was included in the CIP with some of the sports organizations trying to resolve the same problems of overlapping schedules. All of the groups indicated a need for more fields. The bond committee found that the city does not necessarily need more fields but a better scheduling mechanism. The reason field expansion was moved further out in CIP because the current fields were only utilized during a certain period of time and then sat empty. The committee felt that currently there were adequate playing fields but growth of the city required additional fields in future years. The bond committee requested at that flme that Parks & Recreation work with the sports organizations to establish a better schedule. She stated she would work with staff and the groups to resolve the scheduling problem. Council Member Kristoferson stated that Denton Boys Baseball had received so many complaints from parents that she felt they were willing to work on a new schedule. She O also stated she had heard the same concern from the soccer association. Mayor Pro Tern Brock stated that a few years ago during a tough budget year, the Council eliminated the staff position that scheduled the sports activities. The elimination of the position saved $18,000 and allowed the organizations to do their own scheduling. O Council Member Young stated that the city needed more fields In future. He recommended • • that staff meet with the organizations and work out the scheduling with what was available now. City of Denton City Council Minutes May 30 & 31, 1997 Page 19 Jez clarified that Council Member Kristoferson was requesting that there be no overlapping schedules, that there be no late scheduling for children under 10 during the school year and that staff meet with DYSA to resolve the schedule. Council Member Kristoferson stated that the sports associations be informed that no additional staff was budgeted for field maintenance so each organization needed to submit a schedule that had no overlap of the season. She stated that each had the opportunity to reconcile the concern. Council Member Durrance stated that he recommended that Council allow the sport groups to solve the problem themselves. Aiayor Miller stated that Council let the gr uups know all the information concerning maintenance so that they had adequate information to resolve the problem and that Council was in agreemer_t that overlapping schedules were not acceptable. Jez stated that with the direction of Council staff would determine what impact a schedule with no overlap of seasons had on city maintenance services. Posting, Notice of Open Meeting City Manager Benavides stated that there was a concern about which meetings were posted such as neighborhood meetings. Mayor .Miller stated that if the meeting were called by city government proper posting took place. City Attorney Prouty stated that a survey of other cities indicated that all city advisory board meetings were posted. He stated that the other cities had not had any experience A with posting neighborhood meetings that were not Initiated by the local government. He stated that the concern was that the Open Meetings Act probably required posting of the meetings if two or more Council Members were In attendance and partic'pated In the meeting. He stated that the problem was that the city does not necessarily know when neighborhood groups met. Prouty stated the option Council had was to post the meetings when possible or to have Council Members attend but remain silent so as not to violate the O Open Meetings Act. I 0 Council Member Young questioned whether live Council Members could attend dinner together. I • • i I City of Denton City Council Minutes May 30 & 31, 1947 Page 20 Prouty stated they could if it were purely a social occasion. He stated the rule on social events, TML meetings, and educational meetings that a quorum of council could attend and have discussion as long as it was incidental to the activity or event. Council Member Cochran questioned whether there had to be some sort of intent to circumvent the Open Meetings Law to make it Impossible for two or more Council Members to attend a neighborhood meeting. He felt the posting of all meetings was an undo restraint on Council Members. Prouty stated that the staff advice was to be conservative. If Council wished to attend and participate in neighborhood meetings, agendas should be posted. If the agendas were not posted, he advised them not to speak. Mayor Pro Tern Brock suggested staff request neighborhood groups to notify the city of their meetings. Bratz suggested when the request was made of the neighborhood groups that the neighborhood groups were Informed why the city was requesting the information which was based on legal restraints for Council attendance. Council Member Cochran requested the city attorney request an Attorney General opinion concerning attendance at meetings of less than a quorum of the Council. Prouty stated that requests from the Attorney General on the issue had to be made by a State Representative. Mayor Miller suggested contacting Scott Joslove concerning the matter prior to requesting an opinion. • Hoard & Commission Appointments i Council Member Cochran stated that he was not well informed on some processes. The briefing at the last work session plus materials provided from the City Secretary had explained the process. • Council Member Young stated that he wanted to be sure that persons w6hing to be • • reappointed be noted in the materials. 1 I f._ • • City of Denton City Council Minutes May 30 & 31, 1997 Page 21 Mayor Miller stated letters were sent to all members who were eligible for reappointment asking if they were Interested in being reappointed to let the city secretary know. She reported that Information to Council. Council Member Young questioned whether it was State law that Council had to vote on nominees in open session. Mayor Miller stated that it was. He stated that all decisions of Council were made in an open meeting, and Council rules were that board and commission members were elected by the entire Council. Council Member Beasley stated that last year it was decided that the two boards with less than seven members that nominations were accepted from the entire Council. She requested clarification If that meant that each Council Member could nominate someone for each spot on the two boards and then the Council voted based on the nominations. Council Member Kristoferson questioned what would happen if the applicant pool was not large enough to rill the vacancies so that everyone not nominate the same person. Mayor Miller stated that once a person had been selected and contacted to serve on a board if they were called by another Council Member the nominee declined the second nomination. He slated that even though Council had applications, appointments were not confined to that group. Mayor Pro Tern Brock stated that prior to the Attorney General opinion on the Open 1leetings Law appointment determination was discussed In the Executive Session. After the opinion was issued, the new system was established and the process was being refined. Council Member Young stated his concern that minorities be nominated to the Public Utilities Board and the Parks & Recreation Advisory Board. Lalor FundinE Kathy DUBose, Executive Director for Fioance, reported that now that the committee members had been assigned a meeting could be called to present the history of Lalor • funding, establish new procedures and a timeline with a goal of having a recommendation • • to Council by mid July. i i MON a.!ftr"w1 i i ~ ♦ . Ms.. MY4MiMfr.+ w.:..:.: s • City of Denton City Council Minutes May 30 & 31, 1997 Page 22 City Manager Benavides stated that the funding procedure which was approved was very confusing to monitor and for the recipients to budget. He requested that the formula be reviewed by the committee. Neighborhood Preservation Council Member Cochran questioned who was the steward in the city for neighborhood organizations. Council Member Young stated that Chief Jez had been good with all neighborhoods and the COPS program. Council Member Cochran stated that he thought Cecile Carson had done a lot of work with neighborhood organizations. Benavides stated that Cecile Carson had done neighborhood research. He had requested that David Hill look at the organization for other ways to structure the organization as it related to the citizens and neighborhood groups. Mayor Pro Tern Brock stated that the Vision neighborhood group had not abandoned neighborhoods. She staled Cecile had been very effective in working with neighborhood organizations and staff needed to identify someone who could focus on neighborhood needs. Council took a 10 minute break at 3:20 p.m. Council reconvened at 3:30 p.m. Bratz facilitated the Council through exercises designed to assist In creating a high performance environment. The Council worked through group activities and Individual • projects to identify and create a proactive environment. With no further business the meeting was adjourned at 6:00 p.m. The Council convened Into the Annual Planning Session on Saturday, May 31, at 8:30 a.m. i at the Marriott Solana, Education Center, Westlake, Texas. ,e o Present: Mayor Jack Miller, Mayor Pro Tern Brock, Council Members Beasley, Cochran, Durrance, Kristoferson and Young. Absent: None i i City of Denton City Council Minutes May 30 & 31, 1997 Page 23 Mr. Ken Bratz, facilitator, continued exercises designed to assist in creating a high performance environment. The Council worked through group activities and individual projects to identify and create a proactive environment. Council worked on a draft vLeion for the city for the next three to five years and suggested rules for Interaction which were designed to be proactive. Council agreed to revisit the suggestions from the session at some future date. With no further business, the planning session was adjourned at 1:00 P.M. JACK MILLER, MAYOR CITY OF DENTON, TEXAS BETTY WILLIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS AIMM00A75 e r • 0 0 F I 7 • • E CITY OF DENTON CITY COUNCIL MINUTES June 3, 1997 After determining that a quorum was present and convening in an open meeting the City Council convened in a Closed Meeting on Tuesday, June 3, 1997 at 5:45 p.m. ir, the Civil Defense Room of City Hall. PRESENT: Mayor Miller; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: Mayor Pro Tem Brock 1. The Council considered the following in closed Meeting: A. Conference with Employees Under TEX. GOVT CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a regular meeting on Tuesday, June 3, 1997 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: Mayor Pro Tem Brock 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of March 25 and April 1, 1997. Young motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "ayes', Young "aye", and Mayor Miller "aye". Motion carried unanimousiy. Mayor Miller presented the Yard of the Month Awards: John and Aggie Kokalis Lucius and Carolyn Cox Shanon and Vicki Irving Vicki Dameral Westwind Apartments - Business Award Denton Sports and Physical Therapy Center-Dow.:town Business Award 3. The Council considered approval of exaction variances to i Section 34-114 (17) concerning sidewalks; Section 34-114 (11) concerning cul-de-sac lengths; and Section 34-124 (e) concerning drainage dosign criteria. This 304-97 acre tract was located j northeast of Brush Creek Road and Highway 377. (The Planning and ` Zoning Commission recommended approval 6-0.) f L • • City of Denton City Council Minutes .lone 3, 1997 Page 2 David Hill, Director of Planning, stated that this variance was for the Hills of Argyle. The Planning and zoning commission approved a preliminary plat in December and Council considered similar variances in January. While determining the various engineering requirements, the applicant voluntarily changed the preliminary plat. The prior approved variances were specific to the approved preliminary plat. when the preliminary plat was revised, a new set of variances was required. The same variances were sought for a revised plat. The first variance dealt with sidewalks. In the previous plat, sidewalk variances were approved for all sections except for along Brush Creek Road and Highway 377. The revised plat variance would be only for the internal sidewalks, sidewalks along Highway 377 would be added and the sidewalks would remain along Brush Creek Road. The second variance dealt with cul-de-sac length. By going from one long cul-de-sac to two shorter cul-de- sacs, the maximum cul-de-sac length would be only 1,100 feet as opposed to 1,700 feet in the previous plat. The third variance dealt with drainage design criteria. The applicant proposed much of the same type of variance as the first plat which was to have an unfinished edge around the perimeter of the retention basin. The Engineering Department had 3ked for a hard edge due to potential maintenance problems. The Planning and Zoning Commission recommended a hard edge be included in the variance. The City would do better with the current proposal as opposed to the original plat. Council Member Kristoferson stated that in December it was recommended that there be no sidewalks on Highway 377 as there was no residential development there. Why were sidewalks now recommended. Hill stated that there was a change by the Planning and Zoning Commission to get away from no sidewalk improvements. Council Member Kristoferson stated that that sidewalk would go nowhere and connect to nothing. Hill stated that as development continued to occur, it would sooner or later lead someplace. • Council Member Kristoferson asked about the relationship of the sidewalks to the trails. Hill stated that this was going to be a rural subdivision and the reason for the variance request was due to the size of the lots and ` the rural type setting the development was trying to maintain. • Council Member Kristoferson asked if the hard edge on the pond f~ 0 • would be a more natural appearance or would it be concrete or rocks. Hill stated that the actual design standards would be determined during the construction phase of the property. Council Member Cochran asked about the average lot size in the development. • • City of Denton City Council Minutes June 1, 1997 Page 3 Hill stated that the width facing the street frontage would be smaller than deep. Council Member Cochran asked if there would ba curbs and gutters. Hill replied no. Council Member Durrance asked if the variance for all interior sidewalks would be gone. Hill replied no that the developer would like to keep that intact and waive the interior sidewalks. Council Member Durrance expressed a concern regarding the turning radius for the cul-de-sacs for emergency vehicles. Hill stated that they would meet the minimum city requirements. Council Member Durrance asked how the drainage would be dealt with if it was not lined. Rick Svehla, Deputy City Manager, stated the channels would be left in a natural state and an easement would be dedicated. This was an estate subdivision with 300 acres of 48 lots. A minimum lot size was an acre and there would not be much runoff from that type of development. A more rural development would not have a large impact on drainage and not as much a need for additional drainage facilities. Council Member Durrance stated that if the channels remained natural, the City would do the maintenance. Svehla replied correct that swales would be built and would be grass lined. Mayor Miller stated that this proposal would be improving the previoue variances granted by council. Hill replied correct. Council Member Kristoferson encouraged the developers to design the hard edge of the lake to fit in with the natural setting. i Council Member Durrance suggested voting on the variances separately. Durrance motioned, Cochran seconded to deny the sidewalk variance. 0 Richard Meyers stated that this new plat was a better situation for I~ 0 the City. Even with the sidewalk variance, they would be installing trails through the project. The cost difference between a soft edge and a hard edge was not that much. A soft edge was easier to maintain and looked better. dreg Edwards stated that the City's requirements for frontage was measured at the building line. The minimum width on all lots was 150 feet as measured on the building line. a4 • 0 `rte . .V ~MM..+YI+lb ..J • • -t i City of Denton City Council Minutes June 3, 1997 Page 4 Council Member Beasley stated that this was a proposal for a rural type development with no curb and gutter. The trails would be sufficient for walking areas for the residents. She would vote against the motion. She felt it was good that sidewalks were added to the Highway 377 side. Council Member Cochran stated that he would be voting against the proposal because there would be 148 lots in the development with only two access points in and out of the development because of all of the cul-de-sacs. Much traffic would be focused on one entrance and one exit on each end of the development. The trails were good for the project but did not get around the safety issue with people walking between areas. A different configuration would be less of a problem. The rural nature of the development might not stay that way in future years. Mayor Miller stated that he would vote against the motion as the nature of the development was no different when Council approved it in January. People would like to live in Denton with a minimum of a one-acre lot but they were not available in Denton. If the lots were smaller, the issue of the cost of the sidewalks would not be an issue. Svehla stated that there was a preliminary plat which was approved and variances which were approved with that plat. If the Council approved the new preliminary plat and the variances, the petitioner could have a choice of which variances to use. Council Member Young stated that he would be voting against the motion. The whole idea of one-acre lots was to have a rural atmosphere. Sidewalks to nowhere only added costs for the developer. Council Member Durrance stated that he was concerned that the trails were unknown at this point. The sidewalks were a safety issue. There were trails behind many homes in the City and children still played in the streets. The variance inside the subdivision created a question of safety for the residents. He hoped the developer would go forward and install interior • sidewalks. He encouraged Council to maintain the requirements in regard to interior sidewalks. At a later date those sidewalks { would be very costly to install. t Council Member Kristoferson stated that this was not for interior sidewalks. This was a variance to install sidewalks on Brush Creek and Highway 377. ® 0 Svehla replied that the variance would allow the developer to not O install sidewalks on the internal streets. The developer would still be required to install sidewalks on Brush Creek and Highway 377. Mayor Miller stated that if the Council denied this variance, the developer could use the original plat and still not have interior sidewalks plus there would be no sidewalks on Brush Creek and Highway 377. if Council denied this variance, the developer could • r City of Denton City Council Minutes June 3, 1997 Page 5 submit the original plat with the old cul-de-sacs and the drainage without a hard surface. On roll vote, Beasley "nay", Kristoferson "nay", Cochran "aye", Durrance "aye", Young "nay", and Mayor Miller "nay". Motion failed 2-4. Young motioned, Beasley seconded to approve the variances for the sidewalks. Council Member Cochran motioned an amendment to the motion to grant the variance for the sidewalks on the cul-de-sac areas and keep the sidewalks on the areas which were not cul-de-sacs. Motion died for lack of a second. On roll vote on the motion to approve the variances, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "nay", Young "aye", end Mayor Miller "aye". Motion carried 4-2. Mayor Miller stated that Councii would consider the variance on the cul-de-sacs. Beasley motioned, Young seconded to approve the variance on cul-de- sacs. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Mayor Miller stated that Council would consider the variance on the drainage design criteria. Young motioned, Beasley seconded to approve. Mayor Miller stated that the pond would have a hard edge. Svehla stated that the edge could be concrete, rock or some other type of material. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion • carried unanimously. CONSENT AgENDA Young motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances and resolutions. On roll vote, Beasley ~y "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. • O 4. NO. 97-150 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02037 - Fiber Optic Cable and Supports) I • • City of Denton City Council Minutes , June 3, 1997 Page 6 5. No. 97-151 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02049 - HVAC Renovation and Equipment Replacement) 6. NO. 97-152 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH APPLICATION CONTROL ENGINEERING FOR ENGINEERING SERVICES FOR PECAN CREEK WATER RECLAMATION TREATMENT PLANT AUTOMATION FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. 7. NO. 97-153 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE SECOND QUARTER 1997 PAYMENT BY THE CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. 8. NO. 97-154 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. 175354 - NTCS, Inc.) 9. NO. 97-155 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES By'rHF. STATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND • PROVIDING FOR AN EFFECTIVE DATE. (P.O. 075355 - State of Texas General Services Commission Department of r Information Resources) 10. NO. 97-156 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR p PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE + p 8 J FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (P.O. 175456 - Sympro, Inc.) ITEMS FOR INDIVIDUAL CONSIDERATION 11. The Council considered adoption of an ordinance prohibiting u- turns at two median openings on Teasley Lane between Interstate 35 I I ti . I t • • City of Denton City Council Minutes June 3, 1997 Page 7 East and U.S. 77 (Dallas Drive); providing a severability clause; providing for publication thereof; and providing for a penalty not to exceed two hundred dollars. The following ordinance was considered: NO. 97-157 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING U- TURNS AT TWO MEDIAN OPENINGS ON TEASLEY LANE BETWEEN INTERSTATE 35 EAST AND U.S. 77 (DALLAS DRIVE); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED j DOLLARS; AND DECIARI17G A?I EFFECTIVE DATE. i Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayur Miller "aye". Motion carried unanimously. 12. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the University of North Texas wherein the University of North Texas engages the City of Denton, as a subcontractor, to furnish services and facilities in connection with the project generally known as "Demonstration of Improved Monitoring and Oversight Strategies for Municipal NPDES Programs Project"; and approving the expenditure of funds therefore. Howard Martin, Director of Environmental Services, stated that the f City had been awarded a grant from the Environmental Protection Agency to assist the Agency in the development of storm water monitoring and enforcement efforts for cities under 100,000 population. In order to do that, the City had utilized UNT and teamed with them to accomplish these efforts. The City would be E subcontracting the activities the City staff would be performing. The following ordinance was considered: • NO. 97-158 AN ORDINANCE APPROVING AN AGREEMENT BEIWE£N THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS WHEREIN THE UNIVERSITY OF NORTH TEXAS ENGAGES THE CITY OF DENTON, AS A SUBCONTRACTOR, TO FURNISH SERVICES AND FACILITIES IN CONNECTION WITH THE PROJECT GENERALLY KNOWN AS "DEMONSTRATION OF IMPROVED MONITORING AND OVERSIGHT • STRATEGIES FOR MUNICIPAL NPDES PROGRAMS PROJECT"; 0 0 APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, C%.^hran seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 0 c".,; - • • 0 I City of Denton City Council Minutes June 3, 199% Page 8 13. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and the Electric Reliability Council of Texas, Inc. ("ERCOT") appointing ERCOT as the agent of the City of Denton for the purpose of executing certain umbrella agreements pertaining to electric transmission service. Sharon Mays, Director of Electric Utilities, stated that one requirement of recent legislation was that every transmission owner must sign a tariff with every entity which was using their transmission system. One umbrella agreement would allow the City to assist ERGOT as an agent and reduce the amount of agreements which would have to be done individually. The following resolution was considered: NO. R97-024 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC. ("ERCOT") APPOINTING ERCOT AS THE AGENT OF THE CITY OF DENTON FOR THE PURPOSE OF EXECUTING CERTAIN UMBRELLA AGREEMENTS PERTAINING TO ELECTRIC TRANSMISSION SERVICE; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Kristoferson seconded to approve the resolution. On roll vote, aeasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 14. The Council considered approval of a resolution authorizing I the City Manager to sign and submit to the Department of Housing IE and Urban Development a 1997 Action Plan for housing and community development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. Barbara Ross, Community Development Administrator, stated that this resolution would approve the 1997 Action Plan for Housing and • Community Development. The plan was presented to Council at the May 13th meeting by the chairs of both the Human Services Committee and the Community Development Advisory Committee. There was a list of activities included in the plan in the back-up materials. Staff was requesting that Council take action at this meeting in order to meet a deadline of June 15th. Council could take action to approve the plar. as it currently stood which included the requested changes ® to the human services budget. There was an amendment process if O 8 Council approved this plan and later wanted to amend the proposal. There would be a requirement of a 30-day public comment period. Council Member Cochran asked about the 30-day comment review period. Ross stated that if Council desired to make a change to the Plan, it would be proposed at a Council meeting, published in the Denton • II • • City of Denton City Council Minutes June 3, 1997 Page 9 Record-Chronicle and provide for a 30-day period for public comments. Those comments would be provided to Council and Council could then take action. That could be done up until the time the funds were spent. The following resolution was considered: NO. R97-025 A RESOLUTION BY THE CITY OF DENT-IN, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMI' TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A . 97 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Durrance seconded to approve the resolution. Council Member Cochran suggested that at the next meeting, a revision be made to the Plan regarding the funding for Family Health Care. He was not comfortable with the elimination of their total funding. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 15. The Council considered nominations/appointments to City Boards and Commissions. i Council Member Beasley nominated Geri Aschenbrenner to the Xeep Denton Beautiful Board at a prior meeting. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Mayor Pro Tem Brock nominated Jim Engelbrecht to the Planning and zoning commission at a prior meeting. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and • Mayor Miller "aye". Motion carried unanimously. 16. The Council received presentations from the following law firms regarding the collection of delinquent taxes and gave staff direction: Blair, Goggan, Sampson & Meeks and Mike Gregory ® McCreary, Veselka, Bragg & Allen P.C. and Hayes, Coffey & • Berry P.C. Perdue, Brandon, Fielder, Collins & Mott, L.L.P. Sawko & Burroughs, L.L.P. Jon Fortune, Chief Finance Officer, stated this contract expired at the end of this month. In keeping with past practices, bids were sought for requests for proposals when the contract expired. • City of Denton City Council Minutes June 3, 1997 Page 10 The four firms presented Council with facts and figures relating to their individual firm's abilities to collect delinquent taxes which were included in the agenda back-up materials. Mayor Miller thanked the firms for their presentations and stated that the item would be on the next Council agenda for discussion and a recommendation. 17. There were no items of Miscellaneous Matters from the City Manager. 18. New Business The following items of New Business were suggested by Council for future agendas. A. Council Member Cochran asked for a discussion on the Community Development Block Grant funding. 19. The Council did not meet in a continuation of Closed Meeting under Section 551.071 - 551.085 of the Texas Open Meetings Act. 20. There was no official action taken on Closed Meeting items held under Section 551.071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 9:05 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS f CITY SECRETARY CITY OF DENTON, TEXAS ACC00391 i • • r Agenda No._91`03- Agenda Ite . Date. " CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DEN70N, TEXAS 76201 • TELEPHONE (817; 566.8307 Office of the City Manager CITY COUNCIL REPORT TO., Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: Aur7ust 19, 1997 SUBJECT: Request for Exception to the Noise Ordinance for a Memorial Rodeo in Memory of Codi Smith on Friday, t September 5, 1997 until 12:00 midnight, on Saturday, September 6, 1997 until 1:00 a.m. and on Sunday, September 7, 1997 from 2:00 p.m. to 10:00 p.m. at the North Texas State Fair Grounds. BACKGROUND: The Cowboys for Codi have requested that the City Council grant an exception to the noise ordinance for the use of amplified sound for a Memorial Rodeo in memory of Codi Smith. The contest is scheduled to take place on Friday, September 5, 1997 until 12:00 midnight, on Saturday, September 6, 1997 until 1:00 a.m. and on Sunday, September 7, 1997 from 2:00 p.m. to 10:00 p.m. at the North Texas State Fair Grounds. Codi Smith was a sixteen year old high school student at Denton West who died on August 4, 1996, after an accident involving a drunk driver. Last year, Cowboys for Codi held the 1" Annual Memorial Rodeo and reports that it was a great success. Through the proceeds they were able to give three scholarships to Denton County youth. The rodeo will benefit many young people and • hopefully make more teens aware of the danger of using alcohol and drugs. As you know, the noise ordinance declares loudspeakers, amplifiers, / and musical instruments a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 2) The ordinance does, however, provide that the City Council may make - • exceptions when the public interest is served. O • PROGRAMS DEPARTMENTS, OR GROUPS AFFECTED_ i ` I 'Dedicated to Quality Service" ! 1 t 3~ • August 19, 1997 Page 2 Area residents. FISCAL IMPACT: None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: Ted Benavides City Manager Pr_pared By: ~ k-k Veronica S. Rolen Administrative Assistant II Approved By: B tty gilliama Assistant to the City Manager Attachments: Request from Cowboys for Codi 2. Noise ordinance k • o 0 • FUG-11-1997 1258 RUTLEDGE WOOD PRODUCTS 817 380 9015 P.01 DRTr0N CITY COUNCIL August 11, 1997 City 5octdary Veronicst Rolm 215 Had McKin q Denton, Texas RE: Cowtxws for Codk Inc. Memorial Rodeo Co%boys for Coda is writing to ask to be put on the August 19th Dalton City Council agenda. The purpose is to have the now variance lifted for throe spoei5c days. We am 0am0" a barrel race, rodeo, and danoe to be held September 5,6 and 7,1997 at the North Texas State Fair chmInds. Thla rodeo is in memory of CODI SMITH, who was a sixteen year old high school student at Denton Weal. Codi was taken hom us on August 4,19% wtnle driving ham on IM 426 in AvbM. A drmlc drive{ was the cause of Coda deputtng our world. CODI SM1TI I was very active m rodoo and rodeo quasi activities. Through your help IW yeer ow 1stAwual Cowboys for Codi Rodeo was a pleat sttw o.A. Through the proceeds we war able to gtve three acholanh(ps to Denton County youib. This rodeo will bewfit many y xmg people sad bepefully make mote teem aware of the danger of using aleokol aid drupt, Please consider Friday Squember 5,1997 6:00 PM to 12:00 AM Saturday September 6,19% 6:30 PM-1:00 AM and Sunday September 7, 1996 2:00.10:00 PM for the noise -,wimw to be tilled for this special caasc. There am plans for a daooe to be held in conjunction with the rodeo on Saturday nigh) in memory of Codi. TI LANK YOU in advaom for ambling us to hold the god ANNUAL COWBOYS for CODI, MEMORIAL RODEO and 1 st ANNUAL COWBOYS for CODI, BARREL RACE. FRIENDS OF 1COD1 SMITH DENTON RODEO TEAM Re= Keonemef Melva Akins 1n1t Iorles Mama Rutledge THE &lltU'fII FAMILY • Roger, Marlene, and Britai Smith it COWBOYS for CODI, INC. MEMORIAL RODEO P.O. Box It 15 DBMN, TEXAS 762M 1-.100 TOTAL P.01 i ~4 • e i Chapter 20 NUISANCES• Art, I. In General, 44 20.1-20.30 Art. II. Abandoned Property, 44 20.31-20.70 , Div. 1. Generally, If 20.31-20.40 Div. 2. Motor Vehicles, Of 20.41-20.70 Art, M. Grow and Weeds, 44 20.71-20.73 ARTICLE 1. IN GENERAL. Sec. 20.1. Noise. lei It shall be unlawful for any person k make or cause any unreasonably loud, dis• turbine, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. b1 It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. cl The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: 1i The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the hours of 10:00 p m. and 7 00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary ien• sibilities in any dwelling, hotel or other type or residence; 21 The use of any stationary loudspeaker, amplifier or musical instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10.00 p m. and 7 00 a.m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday; provided, however, that the city council may make exceptions upon application when the public interest wilkbe served thereby; • 13) The blowing of any steam wblstle attrched to any stationay boiler or the blowing of any othee loud or far•res¢k(ng steam whistle within the city limits, except to give notice of the time to begia or stop work or u a warning of danger. 41 The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 am. and 8.30 p.m., Monday through ® •C-ow references-Protected migratory bird roosts declared nuisance, 4 8.87; inapection and abatement warrants, 4 19.88 at sq.; inset and rodent control in mobile home and rec. O reational vehicle parks, 132-91. SupPNo ,I 1589 • • 620-1 DENTON CODE Saturday; provided, however, that the city council may issue special permit's for such work at other hours in arse of urgent necessity and in the interest of public safety and convenience; .1) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con. tamers; (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sake of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adiaunt thereto. (Code 1968, if 14-20, 14.21) Cross refweaa-Animal noise, 111111, Sec. 20.9. Odors, {a) It shall be' umlawfW for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persona of ordinary sensibilities in the Immediate vicinity thereof. (a) It shall be ualawlW for any person to mate or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable t enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) Offensive odor from cow lots, ho` pens, fowl coops and other similar pleas where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other simila_ plans,; (3) Offensive odors from the use or possession of cbemlcals or 6om industrialproaues or activities which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash. rubbish, rubber, cbemicals or other th:np Of nebs4tsoes (S) Offsndve odors from stagnant pools allowed to remain on any promises or from • rotting Prbys, nAiss, offal or deed arilmsla on any premises. (Code 1966, If 14.97,14.23) Sec. 20.3. Garbajs, tsvA and rabbis& aaiaaaoes-Gmerelty. ' (a) Storing or Amping `arbap, bosh and rubbish. The storing w keeping of any and all stacks, heaps or piles of old lumbw, refuse, junk, old are at maddoety or parts thereof, i 0 garbage. trash, rubbish, scrap malarial, ruin, demolished or partly demolished drnsdures or E O O buildings, piles of stones, bricks or broken rocks on any premJw bordw[ng any public street Stepp. No t 1390 I • • Apenda No. AgdnJa f Hem DA14 CITY OFDENTON, TEXAS MUNICIPAL BUILDING DENTON, TEX4S7620f a TELEPHONE(817)566.8307 Office of the Oty Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Penavides, City Manager DATE: August 19, 1997 SUBJECT: Request For Exception to the Noise Ordinance for the Pouring of Concrete at the Carroll McMath Middle School, 1900 Jason Drive, on Several Dates During August and September 1997 Beginning at 3:00 a.m. BACKGROUND in May 1997, the City Council granted an exception to the noise f ordinance to Lee Lewis Construction for the purpose of pouring concrete at 1900 Jason Drive on 10 occasions between May 199_ and October 1997, beginning at 5:00 a.m. As a condition of that approval, the Project Superintendent agreed to notify the city manager's office, as well as the apartment complex, 48 hours in advance of the early morning pours to minimize any inconvenience. The contractor is requesting that the exception previously granted by the Council be amended to allow pours to begin at 3:00 a.m. In the attached memorandum, Barbara von der Heydt, Principal at vestal-loftis-kalista/architects, explains that on two previous pours there were problems experienced with shrinkage and cracking of the concrete slabs due to the high temperatures. The contractor also reports that none of the 5:00 a.m. pours approved by Council in May 1997 have been used due to the availability of concrete from • the batch plant. The early morning pours will help ensure timely delivery of concrete as well as allow the contractor to make quality pours before the heat of the day. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: ` Area residents. i • FISCAL IMPACT: O • None. Please advise if I can provide additional information. i 'De&aied to Quality Service" E 4 _ 1 • • RESPECTFULLY SUBMITTED: Ted Benavidea City Manager Prepared By: Veronica S. Rolen Administrative Assistant II Approved By: tty illiama Assistant to the City Manager i , Attachments: 1. Request from DISD E 2. Exception to the Noise Ordinance (approved 5/6/97) 3. Council Back-up (5/6/97) c 47 • • • i a 4. s e August 13, 1997 Mr. Norm Sisk Denton ISD 909 Linden Denton, TX 76201 Reference: Carroll McMath Middle School _ Denton ISD Project No. 9606.00 Dear Nom',: The Contractor is requesting a variance from the City of Denton's noise ordinance i the above referenced project, in order to start concrete placement at 3:00 a.m.. Due to the high in August and September, the Contractor needs to be able to place concrete prior to 6:00 a.m. in order to minimize the temperature and shrinkage cracking in the concrete slabs, which they have already experienced as a problem on two previous pours. Placement of concrete is scheduled on the following dates: August 15 September 3 August 19 September 5 August 21 September 17 August 25 August 27 Additional concrete work is scheduled for September 30, October 6, and October 163, ow vertut weather at that time can be expected to allow the concrete placement to begin postponed, the thare e possttpo adversely affecting the quality of the concrete. If any ocean above dates Contractor would conta-t our office to make any necessary Bem With the immediacy of the next scheduled date, any assistance with expediting this request will be greatly appreciated. Please call if you have any questions or would like to discuss this matter further. Sincerely, Barbara H. von der Hey dt Principal • Dr. Ray Braswell D.. Dean Anthony cc: Mr. Curtis Martin Mr. Robert Ramsay • Mr. Gary Townsend Mr. Dave Isbell Mr. Steve Aloway Mr. Keith Reynolds i dpp~,i!~``I File `w,J LV veslai•ioft1s•kaIIsla /architects 300 • .rtinQ,cn, 1.:aa 76006 member amerteon InstNuta or architects • 1161 corporate drive west • , totephons (617) 633.1600 main leg (647) 633.9600 construction adminlstration fag (617) 633.6613 3. 4 • 011 f CITY of DENTON, TEXAS MUNICIPAL BUILDING DEMON, TEXAS 76201 • TELEPHONE (817) 556.8307 Office of the G1y Manager May 7, 1997 Mr. Larry Gregg 16660 No-th Dallas Parkway Suite 1',JO P.O. B,x 795037 Dallar,, Texas 75379 Dear Mr. Gregg: Your request for an exception to the noise ordinance for the pouring of concrete on beginning at 5,00 a.m. 10 occasions between May and October 1997 at 1900 Jason Drive was approved by the City Council on May 6, 1997. A certified copy of the excr:Ftioa is enclosed for your files. in order to notify and reduce inconveniences to the adjacent residential properties you should contact me as well as the apartment manager of the Londonderry Apartments no later than 48 hours prior to the early morning pours. Should you need additional assistance or have questions, please contact me at 383-7709. Sincerely, Veronica S. Rolen Administrative Assistant II t, CC: Lt. Lee Howell File r "Dedicated to Quality Sern'iee" I a~ • • r SPECIAL EXCEPTION TO THE NOISE ORDINANCE GRANTED BY THE CITY OF DENTON CITY COUNCIL TO Lee Lewis Construction, Inc. FOR Construction (Pouring of Concrete) ON 10 Occasions Between May 1997 and October 1997 Beginning at 5:00 aan. PURPOSEt Pouring of Concrete LOCATION: 1900 Jason Drive (South Laken Middle School CONTACT: Larry Gregg. Project Superintendent PHONE At (972)819-0700 C E R T I F I C A T E I certify that this exemption was approved by the City Council at its meeting on the 6th day of May 127• • Veronica S. Rolen Deputy City Secretary i POLICE CONTACT: Lt. Lee Howell TELEPHONE NUMBER: 363-7947 bU7 • • Agenda Date 5 7 r CITY of DENTON, TEXAS MUNICIPAL BUILDING @ DENTON, TEXAS 76201 @ TELEPHONE (817) 566.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: May 6, 1997 SUBJECT: Request For Exception to the Noise Ordinance for Lee Lewis Construction, Inc to Pour Concrete on Ten Occasions Between Mid May 1997 and October 1997 at 1900 Jason Drive Starting at 5:00 a.m. BACKGROUND I Mr. Larry Gregg, Project Superintendenc for Lee Lewis Construction, Inc., has requested that the City Council grant an exception to the noise ordinance for the purpose of pouring concrete at 1900 Jason Drive outside the permitted hours (Attachment 1.) As you know, on September 12, 1995, the City Council amended Section 20-1(c)(4) of the Code of Ordinances to provide for erection, demolition, alteration, or repair work on any building during the following times: June 1 through September 30 6:00 a.m. and 8:30 p.m. Monday through Friday October 1 to May 31 7:00 a.m. through 8:30 p.m. Monday through Frida} 8:00 a.m. to 8:30 p.m. Saturday 1:00 p.m. to 8:30 p.m. Sunday f The amendment also provides that Council may issue special permits for such work at other hours in case of urgent necessity and in the • interest of public safety and convenience (Attachment 2.) l • • J Mr. Gregg indicates they will need to begin pouring concrete slabs at 5:00 a.m. on ten (10) occasions between mid May and October for the construction of the new middle school at South Lakes Park. Each of those pours would consist of approximately 200 - 350 yards "Dedicated to Qualin, Service" t W • • of concrete. The first 6 pours will take place approximately 1tA weeks apart and the remaining pours could be completed every other day. Mr. Gregg states that he will advise the City Manager's office 48 hours in advance of the early morning pours. He further reports that the complexity of the pours, combined with the mid-day heat, necessitate an early start during this time period for the 30 - 45 member crew. Equipment to be used at the construction site includes dump trucks transporting the concrete and a pump truck to assist with it's distribution. Because there will be no mixing on site, Mr. Gregg feels there will be minimal noise to affect nearby residence. He indicates the closest residents (Londonderry Apartments) are 400 - 700 feet from the construction site. PROGRM9 DEPA-A ENTS OR GROUPS AFFECTED: Area residents. FISCAL IMPACTe None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared By: Veronica S. Rolen -a Administrative Assistant II • Approved By: i ` Betty Williams Assistant to the City Manager ti • • Attachments: 1. Request from Lee Lewis Construction, Inc. 2. Ordinance 95-184 3. Site Map i i NOD . _v • • Lee Lewis Construction, Inc. I April 7, 1997 City Council City of Denton 215 E. McKinney Demon. Texas 76201 Re: NEW MIDDLE SCHOOL AT SOUTHLAKES PARK UENTON,TEKAS Gentlemen: Lee Lewis Construction, Inc. would like to request permission to srart concrete pours for slabs at 5 a.m. at 1900 Jason Drive. This will occur approximately 10 times between mid May and October. I will give Veronica Rolen a 48 hour notice before each of these pours occurs. Sincerely, LEE LEWIS CONSTRUCTION, INC. Larry Gregg Project Superintendent • J f r 16660 North DWlo$ Porkvmy 7610 Odondo Avenue Suft 1000 P.O. Box 65197 P. O. Box 795071 Lubbock.1*Xos 79464 Dodo%,Texas 75779 e061797-6400 , FAX 606!797.6497 .3 972!816.0700 • FAX 979/6160706 Q D s, a • • _ ~ L'1MPpM5\O0.A\NPI55, BLD , ORDINANCE NO. i A ORDINANCE CF THE CITY Ot DENTON, TEXAS AMENDING SECTION 20-1 "NOISE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ESTABLISHING HOURS FOR THE ERECTfON, EXCAVATION, DEMOLITION, ALTERATION, OR REPAIR YORK ON ANY BUILDING; PROVIDING FOR A PENALTY OF $500.00 FOR ANY VIOLATION HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Subsection (c) (4) of Section 20-1 "Noise" of the Code of Ordirances c` the City of Denton is hereby amended to read as follows: Sec. :0-1(c)(4). i The erection, excavation, demolition, alteration, or repair work on any building at any time other than between the hours of 6:00 a.m. and 8:30 p.m. Monday through Friday from June 1 to September 30; between 7:00 a.m. and 8:30 p.m. Monday througl Frlriay from October 1 to May 31; between 8:00 a.m. and 8:30 p.m. on Saturday; and between 1:00 p.m. and 8:30 p.m. on Sunday; provided, however that the City Council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and conve- nience. SECTION II. That any person violating any provision of thin ordinance shall, upon conviction, be fined a sum rot exceeding { $500.00. Ea.-h day that a provision of this ordinance is violated shall constitute a separate and distinct offence. 1 SECTION III, That save and except as amended hereby all the remaining sections, sentences, and paragraph_- of Section 20-1 • "Noise" of the Code of Ordinance of the City of Denton shall remain in full force and a"fect. SECTION IV, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official • newspaper of the City of Denton, Texas, within ten (10) days of the + O 0 date of its passage. PASSED AND APPROVED this the /01y '__`day of 1995. . BO~TLEBERRY, p _T • • • f i A5'TEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I i I i S Page 2 • • • Tn_.._--- _ L-J 4 +L - b li - L-~ f 11l f~ r---l I I J~ if ~1 0 • n Q sa ZZ. =x ii 11! - - :n FAMN! RMI ~I ~ - 145E6ALL 411 r!!!!P.1!!M •!!I1RIR9 ` FIELD : ~a:s:r•_ ^'R:;k.-yv' ! 6~t~ f C • Agenda No.~ V37 Agenda Ile ORDINANCE NO. Date 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, eqstipment, 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 senices 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 followii g numbered bids for materials, equipment, supplies. or services, shown in the "Bid Proposals" ztiached hereto, are hereby acce )ted and approved as being the lowest responsible bids for such items: BID ITEM NUMIBER NO_ VENDOR AMOLNi T 2661 ALL NATIONAL CREDITS, INC. EXHIBIT A 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 purct.•se the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approved and accepted items and ~ of the submitted bids wish to enter into a formal written 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 %-4tten contract which shall be attached hereto; provided that the written contract is in accordance vith the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. • • 1 A O SECTION IY. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION-Y. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1997. JACK MILLER, MAYOR' A FTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY SUPPLY ORD 6 r 0 I z • BID k 2061 BID NAME MISCELLANEOUS COLLECTION NATIONAL SERVICE CREDITS OPEN DATE JUNE 3,1997 QTY DESCRIPTION VENDOR EXHI62T A % COLLECTORS COMPENSATION WILL 17.5% BE A FIXED PERCENTAGE OF FEES COLLECTED i i I • r 3 C • • DATE: AUGUST 19, 1997 CITY COUNCIL REPORT TO: k1ayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance SUBJECT: BID 4 2061 - MISCELLANEOUS COLLECTION SERVICE RECOM""TIENDATION: We recommend this bid be awarded to the lowest bidder, National Cred''s, Inc., in the amount of 17.5% of debts collected. Estimated expenditure is approximately S16,000.00. SUAIDIARY: This bid is for a fixed percentage to provide collection services for miscellaneous account receivables. Account receivables that are o"ed to but have not been collected by the City can include services for utilities, moving, demolition, and other miscellaneous accounts. The 17.5°o bid is a significant decrease over previous contracts at 28% for similar services. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Customer Service Division, Denton Municipal Utilities as well as other users of the service. FISCAL LIIPACT: Althoueh our estimated contract expenditures are approximately $16,000.00 there is no budget impact. The 17,5°/1 is a result of a,'bad deb/' collection. Attachments: Tabulation Sheet Respectfully submitted: at u e ExecuLV rector of Finance Ap roved: Name: fom D siaw, C.P.M. Title: Purcl ng Agent B99.AGENCA • • 4 ~R • r s f BID M 2061 ' i ' BIDNAME MISCELLAN'EOUSCOLLECFIGN J.V.SN11TH NATIONAL MUNICIPAL SERVICE CREDITS SERVICES OPEN DATE JUNE S, 1997 BUREAU _M I~QTY DESCRIPTION VENDOR VENIM I VENDOR i % COLLECTORS COMPENSATION WILL 25% 17.5% 29% BE A FIXED PERCENTAGE OF FEES COLLECTED I l 5 ........y. r. l'. _ t • ApenOa Na. 7-037 Agenda Item AD ORDINANCE NO. Cate 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, eq- ipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECII01M_1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest r:sponsible bids for such items: BID ITEM NUMBER NO_ VENDOR AMOUNT 2068 ALL GENERAL ELECTRIC CORPORATION fl 16.330.00 SECTION U. That b) the acceptance and approval of the wave 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 specif ed sums contained in the Bid Invitations, Bid Proposals, and related documents. • SECTION III. That should the City and persons submitting approved and accepted items and ~ of the submitted bids wish to enter into a .-.mal 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 0 specified sums contained in the Bid Proposal and related documents herein approved and accepted. p • • • SECTION-1Y. 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. SECIIOALV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of _ 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD • 2 • • DATE: AUGUST 19, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance SUBJECT: BID # 2868 SPENCER UNIT THREE GENERATOR RETAINING RING REPLACEMENT RECO,N BIENDATION: We recommend this bid be awarded to the lowest bidder, General Electric Corporation, in the amount of $116,330.00. SUMMARY: Denton Municipal Generating Station unit three generator is scheduled for inspection. Inspections are performed at regular service intervals to insure machine reliabilittyy. IInspection schedules take into account sen-ice hours, cycles and service history. This inspection will additionally address a technical concern regarding the generator field retaining rings. The retaining rings currently installed on the field are comQrised of Ganalloy material. This material has been known to be susce~rible to stress corrosion cracking and in operation failures. Replacement has been highly recommended for some time. The industry has adopted retaining ring material with an 1 BMn-18Cr alloy material as replacement. net eplacement is based on accumulated field experience by GE and other generator manufacturers. GE furnished the low bid for the specified work. This type of work is becoming increasingly competitive and GE has demonstrated an unusually aggressive response to the bid. This repair work is necessary for the continued reliability and safety of equipment and personnel. Preparation of a solid specification has resulted in a competitive bid response. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Utility customers, Electric Production Division equipment and employees. FISCAL LIIPACT: Funding for this item was budgeted under account 5130-Maintenance of Electric Plant, 8339-Generating Machinery. Fund remaining total is $228,000. i Attachments: Tabulation Sheet Respectfully suubmi~tted:_ ' y ose Exec the Director of Finance A proved • _ S~•S • O ame: om aw, Tvf- Title; Purchasing Agent 911. AGE EA 3 r3er w1:M':~. 4.. : - . • BID N 10" 1 BID NAME Spencer Unit Three Geoermlor mad GE MECHANICAL SIEMENS GENERATOR Retaining RiaS Rephremtot DYNAMICS MOTOR OPEN DATE July 10,1"'? & l SERVICE ANALYSIS - IN. N QTY DESCRI7ION YENDOR VENDOR VENDOA~.VbNDUR_ I LS 'Ttchalcal Sexy item. Yo1 to Eacetd S S6,000.00 I 56,336 00I 516100 00 311 610 00 T 2'LS GeaermtorTesting 373800011 S6,S0000' 59,150.00 57.760.00 3'LS SuoPIYRetalaimRPing I f102,750.001 S16Aa00.00! S1211785.00 S102.800_0o TOTAL SI16,330.00I' Na3,1;S.00' S1SN035.00~ 5122.170.00 1 33 I ~ h NO BID RESPONSES J j MUNTERS C13RP. J r i • • Apenaa No. 7% 03 Agenda Item J, ORDINANCE NO. Date o ~G_n AN ORDINANCE ACCEPTING COMPETITIVE RIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMEN T, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPEND] TURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or serniceb, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2079 ALL SERRO SCOTTY RV S 25,800.00 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 -.ubmitting the bids for such items and agrees to purchase the materials, equipment. supplies or services in accordance with the terms, specifications, standards, gaandties and for the s;ccified sums contained in the Bid Invitations, Bid Proposals, and related documents. O SECTION III. 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 CO), 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 • spe:ified sums contained in the Bid Proposal and related docurn,nts herein approved and accepted. • I • rirrrrrrYra • • ,t SECTION IV. That by the acceptance and approval o.`the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance v+ith the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION.V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this clay of 1997. JACK MILLER, MAYOR r ATTEST- JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:.__ SUPPLY.ORD i 1 1 2 p, , ~..rr-~rV a R, • i • DATE: AUGUST 19, 1997 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance SUBJECT: BID # 2079 FIRE SAFE HOUSE TRAILER RECOILMIENDATION: We recommend this bid be awarded to the lowest bidder, Serro Scotty RV, in the amount of $25,600.00. SU31h7ARY: This bid is for the purchase of a self contained mobil home type training facility. It is intended for use in the teaching of principals of fire safety in a home type atmospphere. The trailer is equipped with escape ladders, artificial smoke machine, electric fire place with crackling sound, escape windows. exhaust fans and generator as well as other classroom teaching aids. The Denton Fire Department, under the direction of the Fire Marshall will utilize this u ' prevention, fire safety and proper fire escape procedures. unit to teach fire PROGRADL9,DEPARTbIENTS-ORGROUPS AFFECTED: Fire Prevention and Fire Safety Programs, Denton Fire Department. FISCAL I1►IPACT: The funds to purchase this unit are coming from outside contributions and will have no impact on the budget. The contributors are: Denton Area Benefit League Safety Kleen Ist State Bank Andrew CoMration Denton Community Hospital Attachments: Tabulation Sheet Respectfully submitted: at u se Executive :rector of Finance Approved: i -T D. ame: om Shaw, C. P.M. Title: Pvchasing Agent 921.AGEA'DA 3 aS s • DID q 2079 BID NAME FIRE SAFE HOUSE TRAILER/EDUCATION SURREY SERRO TRAILER SCOTTY RV OPEN DATE JULY 25, 1997 - QTY QTY DESCRIPTION VENDORVENDOR 1. 1 FIRES SAFE HOUSE TRAINING/EDUCATION TRAILER $27,215.00 $25,800.00 DELIVERY 30 DAYS 90 DAYS 1 , 1 4 y. • • agenda No, j -O ORDINANCE NO. Agenda lte n Date E AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND (MLITTES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with the legislative requirements contained in the Public Utility Regulatory Act of 1995, for the payment of energy transmission service fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to the fifteen listed cities and utilities set forth in Exhibit "A"; and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SF,MOYL That the expenditure of funds in the amount of S507,570.69 to be paid to the Listea Cides and Utilities in the specified amount shown on Exhibit "A", which is attached to and made a part of this ordinance for all purposes, is hereby authorized. SECTIOXM That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~ BY: I { I • EXHIBIT "A" PO # 76728 - TEXAS UTILITIES - $297,543.48 PO # 76729 TEXAS-NEW MEXICO POWER - 5989.41 PO # 76730 SOUTHWESTERN ELECTRIC - $200.24 PO # 76731 - CITY OF COLLEGE STATION - S90.68 PO # 76732 - TEXAS MUNICIPAL POWER ASSOCIATION - S64,872.66 PO # 76733 BRAZOS ELECTRIC - S39,407.49 PO # 76734 SOUTH TEXAS ELECTRIC CO-OP - 52,106.74 PO # 76735 - MEDINA ELECTRIC CO-OP - 5242.10 PO # 76736 LOWER COLORADO RIVEll AUTHORITY -:18,778.73 PO # 76737 HOUSTON LIGHTING & POWER - S33,607.88 PO # 76738 - WEST TEXAS UTILITIES - S10,016.69 PO # 76739 MAGIC VALLEY ELECTRIC CO-OP - S13.27 PO # 76740 CENTRAL POWER & LIGHT - $25,022.50 PO # 76741 CITY PUBLIC SERVICE - $8,100.73 ° PO # 76742 CITY OF AUSTIN ELECTRIC UTILITY - 56,578.09 i A , x 2 • • DATE: August 19, 1997 CITY_COUNCIL REPOK)' TO: Mayor and Members of the City Counci I FROM: Kathy DuBose, Executive Director of Finance SUBJECT: PURCHASE ORDER N 76728 - TEXAS UTILITIES PURCHASE ORDER 1176729 - TEXAS-NEW MEXICO POWER PURCHASE ORDER 1176730 - SOUTHWESTERN ELECTRIC PURCHASE ORDER N 76731 -CITY OF COLLEGE STATION PURCHASE ORDER ii 76732 - TEXAS MUNICIPAL POWER ASSOCIATION PURCHASE ORDER 1176733 - BRAZOS ELECTRIC PURCHASE ORDER N 76734 - SOUTH TEXAS ELECTRIC CO-OP PURCHASE ORDER N 76735 - MEDINA ELECTRIC CO-OP PURCHASE ORDER N 76736 - LOWER COLORADO RIVER AUTHORITY PURCHASE ORDER $0 76737 - HOUSTON LIGHTING & POWER PURCHASE ORDER N 76738 - WEST TEXAS UTILITIES PURCHASE ORDER N 76739 - MAGIC VALLEY ELECTRIC CO-OP PURCHASE ORDER N 76740 - CENTRAL POWER & LIGHT PURCHASE ORDER N 76741 - CITY PUBLIC SERVICE PURCHASE ORDER N 76742. CITY OF AUSTIN ELECTRIC UTILITY RECOMMENDATION: We recommend the fifteen (15) purchase orders listed above be approved in the total amount of $507,570.69. SUMMARY: These purchase orders are for payment of a fee imposed by the Public Utility Commission of Texas UCT) for planned losses in transmission services for energy delivered to the City of Denton. The Public Utility Vegulato Act of 1995 (PUPA 95) required the Development of a new, statewide, mechanism for electric transmission service in Texas. PURA 95 also laced municipal utilities under the jurisdiction of the Public Utility Commission of Trews (PUCT) for masters related to transmission. Asa result, the City of Denton Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts for the planned losses associated with transmission service Denton requires to receive energy necesstry to operate its system. The subject PO's provide the City of Denton the authority required by the Charter to make those payments. The Public Utility Commission (PUC) of Texas Subst R. 23.67 requires transmission customers topay for loses that result from their use of the transmission system. The Energy Reliability Council of Texas (ERCOt) is developing a monthly matrix based on the transfer of power between zones or within zones using standard load flow analysis techniques. Control Areas shall collect losses from each Load Entity, which inc:udes the City of Denton Municipal Utilities (CODMU). The subject purchase orders will encumber funds estimated as cost for services through September 30,1997. No funds will actually be spent until invoices are received, reviewed and approved. PROGRAMS, DEPARTMENTS _ORGROUPS AFF.FCTED: Denton Municipal Utilities A FISCAL IMPACT: Funds to meet these regulatory, fee obligations are aveilable from several Utility Department I 1996'97 budget accounts. They a-~ being consolidated into account # 610.132-1032-5650-8588. Attachments: Purchase Order N 76728, # 76729, 0 76730, N 76731 N 76732, N 76733 N 76734, N 76735, # 76736, # 76737,'t 76738, N 76739, #'16740, # 76741, N7N2 Resp ctfull y submitted: D Exe y ' e erector of Finance Ap roved: 1 s ~ flame om aw, . 40 Title: Purchasing Agent 91 D. AGENDA 3 1 y i • • PURCHASE ORDER W. 76742' IS IS A xxx This mxnber must eppeer on all COI1HMING ORDER 1 Invoices, delivery pips, cues, . OF MARKED) I1JI ctns.. boxes, pacsinp slips " bills. DO NOT DUPLICATE Rey No: Bid Na Dais 08 06 97 Pape No, 01 ITY OF PURCHASING DIVISION 1 901-8 TEXAN SON} ITDENTON, TEXAS 76201-4354 940/349-7100 DlFVV WTRO 8171267-0042 FAX 9401349-7302 VENDOR - CITY OF AUSTIN ELECTRIC NAME/ UTILITY DELIVERY CONFIRMATION ONLY C13 ADDRESS P 0 BOX 3546 ADDRESS UTILITY ELECT ADM, SERVICE CTR a AUSTIN TX 78704 901 B TEXAS ST DENTON TX 76201 VENDOR NO. AUS49050 DELIVERY QUOTED 09 30 97 FOB DESTINATION 811YER TS TERMS r r. AMOLNT 001 6578.09 $S VENDOR CAT. ! N / A MFG NAME 1.000 6,578.09 CITY 8 96286 TRANSMISSION PLANNED LOSSES i r ~ .P GB TOTAL f 6,578.09 OR ND TOTAL s 6,578.09 • 01 630 132 102 5650 8588 60578.09 • TNDOR WSTIIUCTKIPIS~~,_~ _ _ I. Timms • Not 30 *J~Nsl ""44d) I, 54nd willinsl Invoke with #*iu% too. 4, S4ippinp instructions: F.0.6. Oeftiattion pepsld sus„ ,AwW. w»%4I ! Wit to Accoools Peyslls 6. No feddsl or suit setts tax LW M q¢bded ZlS E. 1kKNsNy It in prices billet ure n v soon Oenteq 111 11201 4211 PURCHASING i 4. E'er!~..~~ • i N,4 y 5 r a ' e • / • • L PURCHASE ORDER NO, 76741' THIS IS A xxx This nurrhter must appear on all CONFIRMING ORDER Invoices. delivery slips, cues, . (IF MARKEOI c lns., buses. packkq slips end bills. DO NOT DUPLICATE Rea No: Bid No: Due: 08 06 97 Page No. 01 PURCHASING DIVISION CITYJ B TEXXAS SONf / DEE TOR TEXAS 76201-4354 9401349-7100 O/FW METRO 817/267-0042 FAX 9101349-7302 VENDOR CITY PUBLIC SERVICE OF NAME/ SAN ANTONIO DELIVERY CONFIRMATION ONLY C13 vi ADDRESS P.O. BOX 1771 ADDRESS UTILITY ELECT ADS, SERVICE CTR SAM ANTONIO TX 78296 901 B TEXAS ST DENTON TX 76201 { VENDOR NO. CIT49050 DELIVERY QUOTED 09 30 97 FOB DESTINATION BUYER TS TERMS I 001 8100.73 S$ VENDOR CAT. / N / A NF0 NAME 1.000 8,100.73 CITY E 96285 TRANSMISSION PLANNED LOSSES .P GE TOTAL t 8,100.73 OR MD TOTAL f 8,100.73 • 01 610 132 1032 5650 8588 8,100.73 4NDOR 1NWXT&d 1 Terms Net 30 Rwu .em.„ a.anwf L Send kiE n+} Invoice with dWlr4efe OIFY.: 1. ShiPpby IMtrerliont F.O IL Destrtwion P oOt sa+.., ,e. ywn.,) I Bill Is ^ Accwhtd tsyaMs S. No federal or sl.Ie slot tea shell be Inewd SSE Mdtkln fd in Pim lillsd t nshon nton TR 7091; 4,20i PURCHASING 0 0 • PURCHASE ORDER Na. 76740' iHl1 IS l1 XY,X This number must appdm On NI . CONFIRMING ORDER - Invoices, delivery dips, cases, OF MARKED) ans., boxes, pacltm slips artd bins. DO NOT DUPLICATE Re4 No Bid No., Date: 08 06 97 Page No. 01 PURCHASING DIVISION 1 901 OF TEXXAS STREET I ~~XOAN SEXAS 76201-4354 940/349-7100 D/FW METRO 817/267-0042 FAX 9401349-7302 VENDOR CENTRAL POWER i LIOHT NAME/ C/0 CSWS TREASURER DELIVERY CONFIRNATION ONLY C13 ADDRESS P 0 BOX 21928 ADDRESS UTILITY ELECT ADM, SERVICE CTR TULSA OK 74121 901 B TEXAS ST DENTON TX 76201 VENDOR NO. CEN53015 DELIVERY DUOTED 09 30 97 FOB DESTINATION BUYER TS TERMS `x a AMOUh 001 25022.50 SS VENDOR CAT. N i A NFO NAME 1.000 25,022.50 CITY lI 96285 TRANSMISSION PLANNED LOSSES i O P GE TOTAL s 25,022.50 GR ND TOTAL s 25,022.5U 0 01 610 132 1032 5650 858E 25,022.50 vENOGA 0151Ri.KTgNS 1 3 Terms Net 30 1. sets ertgirt+l Innfce with dtVbuts 4o►Y A. Shipping Instructions: 1.06. MstinaliM prepaid wru .+.m.s y,.") L Bill to - ACClonle Pary6bl4 S. No federal a stale Lies La shall be iachrded tly~pr 6t. M pries b0st pia vstun j ontan.,Tx„ 7120,1-12!! PURCHASING ~.i..~ ' I 7-7-177 • r • • PURCHASE ORDER NO: 76739 THIS IS A xxx i This rnxnber must appear on all CONFIRMRvr ORDER invoices. delivery slips, cases, (IF MARKEOI etns., boxes, packing slips nit bills. DO NOT DUPLICATE Req Na Bid Na Dals: 08 06 97 Page No. 01 DEN TEXAS PURCHASING DIVIS*N 11900 9 TEXAS 50Nf I OEENTTOR TEXAS 76201-4354 9401349-7100 DIFW METRO 8171267-0042 FAX 9401349-7302 VENDOR MAGIC VALLEY ELECTRIC COOP.INC NAME/ P O CRAMER 267 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR MERCEDES OK 78570 901 B TEXAS ST DENTON TX 76201 VENDOR NO. NA049500 DELIVERY OLIOTED 09 30 97 FOB DESTINATION 8MR TS TERMS WOUT 001 13.27 $S VENDOR CAT. 4 N / A MPG NAME 1.000 13.21 CITY / 96285 TRANSMISSION PLANNED LOSSES • P 0E TOTAL t 13.2'1 OR ND TOTAL t 13.21 A 01 610 132 1032 5650 8588 13.27 • VENDOR WSTRiIIiIONS: 7, Termf - Not 10 w....n«.. i. p.ekNt R Send eriFinal Invslcl with 6411s o qYr. 1. Shipping Instructions F.0.6. Desl4rtiss prepaid 04is .1i #.%4l 2. sill to Accounl4 Payable S. No lederal or hats sale tam owl be included 115 E 1101"e It In prices billet c .f vsion oentpn,_; I k„ 1,20413 F PURCHASING I C • ' • Qz" • i e PURCHASE ORDER NO: 76738 THIS IS A X X X lhh number nwsl appear on of CONFIRMING ORDER i invoices, delivery slips, cases, Uf MARKED) ctns., hoses, packing slips and bros. . DO NOT DUPLICATE Rea Not Bid Nix Date 08 06 97 Page No. 01 CITY Of DENTON TEXAS PURCHASING DIVISION 1 901-8 TEXAS STREET 7 DENTOk TEXAS 75201-4354 9401349-7100 OIFW METRO 8 1 71267-0042 FAX 9401349-7302 VENDOR' WEST TEXAS UTILITIES NA E1 P 0 BOX 21928 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR t TULSA ON 74121 901 B TEXAS ST DENTON TX 76201 VENDOR NO. WES465D3 DELIVERY QUOTED 09 30 97 FOB DESTINATION BUYER TS TERMS 4 YY rr I 001 10016.69 SS VENDOR CAT. / N / A MFG MANE 1.000 10,016.69 CITY i 96285 TRANSMISSION PLANNED LOSSES 1 e I P GE TOTAL 1 10,016.67 OR %MD TOTAL t 10,016.69 0 01 610 132 1032 5650 8580 10,016.69 0 + I VENDOR N45TRXPONA __..._I 3. Terms Net 30 Iu.w,,....,....aNI 1 Send sriginel invoice W+IU dplxate toy. 4. Shipping instructions: F0.1 Destination prepaid e►a„ 1 5111 b ACCa1rFl4 F'ey~te S. No lederal or lute goes as shell be Included Its E McKinno dk I In pica billet ~urc, s7i'apZS-ivn+on Dtrw% IX 71211-4719 _ I PURCHASING { • I • PURCHASZrOyV,~..~.__~_._,___._.._.-_.--_-_---._---_~...____.~__.~:_..___...__.____..__..__-_.._-----__ ORDER NO: 76737 THIS IS A This rnxnber mull appear on a4 CONFIRMING C9DER I Invoices, delivery slips, cases, (3F h!.AFXEOI lu~ tins" boxes, packing slips and bills. DO NOT DUPLICATE t Req Na Bid No: Date 08 06 97 Page No. 01 PURCHASING DIVISSM CITY1 1 6 TEXAS SONf TDEEN`ONN. TEXAS 76201-4354 9401349-7100 DtFW METRO 8171267-0042 FAX 94Ci349-7302 VENDOR HOUSTON LIGHTING & POWER NAME/ P.O. BOX 1700 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR HOUSTON TX 77251 901 8 TEXAS ST 4 DENTON TX 76201 VENDOR NO. HOU49000 DELIVERY OUOTEO 09 30 97 FOB DP.STINATION BUYER TS TERMS 001 33607.88 85 VENDOR CAT. t N / A MFG NAME 1.000 33,607.88 CITY { 96285 TRANSMISSION PLAFNED LOSSES I • I P OF. TOTAL t 33,607.81-1 GR ND TOTAL s 33,607.Bk3 far 01 61u 132 1032 5650 8588 33,607.83 • i VENDOR IN3IAUCTKMI1 3. Terms • Nei 70 eh4u ,ew.,. ,ark*NI 1, Sams! arigmsi bwslce vih duplicatt pa"... 4. SAippir4 initracrisni, f.O,A. 00irwi0a prepold ew,. ,e«a„ ,,,,A,+t 1. Mil to Accounts P 01d S. ke federal w suss salsa us SW k kk,ded PIS E• "KInns It in prices billed c vslam men,,rM„f~:(~Ial. PURCHASING f; 'm OR, mr. i • • M PURCHASE ORDER NO, 767 36 C01F RT"'S IS This number musl appear on all W OROEH Invoices, delivery slips, cases, OF MARKE01 JI am, boxes, piskkp slips and bills. DO NOT DUPLICATE Roo, Na Bid Na ONa 08 06 97 Page No 01 CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-8 TEXAS STREET / OENTON. TEXAS 76201-4354 9401349-7100 DIFW METRO 8171267-0042 FAX 9401349-7302 VENDOR, LONER COLORADO RIVER AUTHORITY NAME/ DEPT. #RB1234 DELIVERY CONFIRMATION ONLY C13 ADDRESS P.D. SOX 149187 ADDRESS UTILITY ELECT ADM, SERVICE CTR AUSTIN T: 78789-1234 901 B TEXAS ST 0 DENTON TX 76201 VENDOR NO. LOW49000 DELIVERY DILUTED 09 30 97 F08 DESTINATION 311YER TS TERMS aN T'.n ^4 ICE " AMOUNT - 001 18778.73 VENDOR CAT. # N / A NFt7 NAME 1.000 18.778.'11 CITY # 96285 TRANSMISSION PLANNED LOSSES i I • P 0E TOTAL s 18,718.73 GR ND TOTAL ! 18,778.73 • 01 610 132 1032 5650 8588 18,778.73 • YEMJOA INSTAUCTlOHS 3. Tams - Net 10 lw.. .lxxn. yud .U 1. Seei original kvoke with 4640 w1l. s. Shipping k4wiclisns: FAIL Destimlim Kep oll ewu .w.y. p. "di '1 Bill ts Accwnls Payable 5. No ledard r stale sales w !hell be IncPAed 115 E. McKhMey B! in prices billet c asxp ;flan Deotem. IK (1101.4115 PURCHASING l . cwLy „ . • • • ti PURCHASE ORDER NO, 76735 THIS IS A XH% ' This r must appear on AR ORDER cases. COWIRMING invoium s, delivery slips. , c cues, (IF RF MARKED) -JI ctns.. boxes, packkV slips and bins. DO NOT DUPLICATE Req Not 84 N(x Data 08 06 97 Pape No. 01 PURCHAS!NG DIVISK)N 119001 B TTEEXXAS~ STTRREEI ITOEENTTONN, TEXAS 70201-4354 9401349-7100 D/FW METRO 3171267-0042 FAX 940/349-7302 VENDOR MEDINA ELECTRIC COOP, INC. NAME/ P.O. BOX 370 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR HONDO TX 78861 901 H TEXAS ST DENTON TX 76201 VENDOR NO. NED49057 DELIVERY 000TE0 09 30 97 FOB DESTINATION BUYER TS TEEMS 001 242.10 SS VENDOR CAT. / N / A NFO NAME 1.000 242.1U CITY 1 96285 TRANSMISSION PLANNED LOSSES ! P OE TOTAL : 242.10 s B 01 610 132 1032 5650 8586 242.10 0RND TOTAL 242.10 O /INOdi W$TAIJCTIONS _ I. Terms - Net 10 sw ..r.....,..A.a! I. Send w*Ml Invoke VA dupo,icall CspY. 4. Stlip&4 Wtrectisat p.O.B. Destiwtian prspaf1 swn.r..u y..a. t it Bill is Accomi pgsbk 5, Na Wool a sots safes Y/ Sled N Whdsd 119 E McKkMNY SL in prices IiDSt PLIcb-Hirio nisron Osal^ T1l 7129,1-4719, _ . J PURCHASING • • PURCHASE ORDER NO: 76734 THIS IS A 8xx This rxanber must appear on an CONFIRMING ORDER Invoices- delivery slips, cases, . (IF MARKED) J One.. boxes, packing Nips and bills. DO NOT DUPLICATE Re4 Na Bid W. We 08 06 97 Page No. 01 CITY OF DENTON TEXAS PURCHASING DIVISION 1901-8 TEXAS STREET / DENT01`4'TEXAS 78:01-4354 940/349-7100 D/FW WTRO 8171267-0042 FAX 9401345 '302 VENDOR SOUTH TEXAS ELECTRIC COOP, INC NAME/ P.O. BOX 119 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR NURSERY TX 77976 901 B TEXAS ST DENTON TX 76201 VENDOR NO. SOU38575 DELIVERY QUOTED 09 30 97 FOB DESTINATION BUYER TS TERMS 001 2106.74 1941 VENDOR CAT. i N / A MFG MAKE 1.000 2,106.74 CITY If 96285 TRANSMISSION PLANNED LOSSES f i • P OE TOTAL s 2,106.7.1 OR MD TOTAL s 2,106.74 • 01 610 132 1032 5650 8568 2,106.74 • VEND09 6157RUC11Qf1S I. Terms - Net 30 e~r„ •s..a. a.rt 1. send srlFurl "ICI With Alilf04 4edY. 4. Skipping InstrKliex FOR Dastkiarian orp44 sr+.,, ,a"" ,,,,er7 L Bill to Accatnts Pryalifpy C No federal or slate saps tax shall be kxkrded Denton f kKlk1201F13H in prices libel c n vsISTn PURCHASING t n • e • PURCHASE ORDER NO: 76733 THIS IS A~ This number must appear on all CONFIRMING ORDER invokes, delivery slips, cases, 111' MARKEDI ctns., boxes, packbry dips and bills. DO NOT DUPLICATE Rea Na Bid No: Date: 08 06 97 Page No 01 J CITY OF DENTON TEXAS PURCHASWO DIVISION 1 901-8 TEXAS STREET I DENTOR TEXAS 76201-4354 9401349-7100 OJFW METRO 817/267-0042 FAX 9401349-7302 VENDOR BRA20S ELEC. POWER COOP., INC. NAME/ P 0 BOX 2585 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR 14 WACO TX 76702-2585 901 B TEXAS ST M DENTON TX 76201 VENDOR NO. BRA56000 DELIVERY OLK)TEO 09 30 97 FOB DESTINATION BUYER TS TERMS ,.I y. ; AM 001 39407.49 SS VENDOR CAT. / N / A XFO MAKE 1.000 39,407.49 CITY / 96285 TRANSMISSION PLANNED LOSSES - I P OE TOTAL t 39,407.49 OR ND TOTAL s 39,407.49 • 01 610 137 " 72 ;650 8588 39,407.49 • yENOgi INSTBt1C110Pt5 3. Terms Net 30 • q•. a.al 1. Send erlEirial Inyeko wit fupliea4 CapY: 4. Shivpir4 Instructions 7.08 0esiinetien prood sr..,, .ens„ r.+»al I. Bill to Accounts Peye4k 6. No federal or stale sales tax shell N Included 316 E. that", 64 In price killel urc p DivisuT- Denton. T% 702 4715 J' PURCHASING a, E PURCHASE ORDER NO. 76732 "IS- f9 A XXX This number must appear on a0 CONFIRMING ORDER Involces, daliuers slips. cases. OF MARKED) stns., boxes. packing slips and bills. DO NOT DUPLICATE Rey No: Bid No: Data 08 06 97 Page No. 01 TEXAS PURCHASING DIVISSIION~NI901 B TTEEXAS STREEIf / DEE TON. TEXAS 76201-4354 9401349-7100 D/FVV METRO 6171267-0042 FAX 9401349-7302 VENDOR TEXAS MUNICIPAL POWER NAME/ P 0 BOX 7000 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR BRYAN TX 77805 901 B TEXAS ST DENTON TX 76201 VENDOR NO. TEX73500 DELIVERY QUOTED 09 30 97 1`08 DESTINATION BUYER TS TERMS 001 64872.66 SS VENDOR CAT. f N / A MFG NAME 1.000 64,6112.66 CITY If 96285 TRANSMISSION PLANNED LOSSES I P C8 TOTAL s 64,672.66 ~I dR ND TOTAL s 64,872.66 01 610 132 1032 SL50 8568 64,872.66 O s VFhAOR INSTRUCTIONS 1 letms 'Mel 70 1. Send eripind involce with dapliCats !ally., 4. Shipping Imucliois; F.0.& Destinalioe prsja'S 2 Sill to Accmis Psyabtp S. No federal or sots sales tax shall a included 215 E. McKlmo1r Se In prices billed we rng vision Mnlan, TK T120f-~19! PURCHASING 1 • 1 • PURCHASE ORDER NO: 76 7 1 THIS IS A XKX Th s nunber must appear on all CONFIRMING ORDER J}k in oices. delivery slips, cases, . Of MARKED) crns., boxes, packing slips and bills. DO NOT DUPLICATE Flag No. Bd Na Date: 08 06 97 Page Na 01 PURCHASING DIVICOTY 931 OF TEXAS SONG IrDEEIXOAtySEXAS 76201-4354 9401349-7100 DIFW WTR0 8171287-0042 FAX 9401349-7302 VULOR CITY OF COLLEGE STATION NAME/ P 0 80" 9960 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITT ELECT ADM, SERVICE CTR COLLEGE STATION TN 77842 901 B TEXAS ST DENTON TB 76201 VENDOR NO. COL49050 DELIVERY QUOTED 09 30 97 FD8 DESTINATION BUYER TS TERMS k a,`r, " $ , fs • ( AMA - w 001 90.68 $S VENDOR CAT. N / A MFG NANE 1.000 90.65 CITY / 96285 TRANSMISSION PLANNED LOSSES r ~ ~ k P GE TOTAL s 90.68 f GR ND TOTAL s 90.60 0 01 610 132 1032 5650 8588 90.68 II( VENDOR NSIMKII10114 3. Terms - Nei 30 ew,s re««rr y.rnrq i 1. Send iiiiin&I "ke wid, +'Ii OyY. 4. Shift" insituetiot; F.O.B. Oes"ien Myaid w..r .e..h..r..r.rl - I2 Bill U Acci Payabld.' 5. NO federal v state sales us "I be included III E. Ida KNxro St in prkes billed. ~c e19 rv tion Oemen FK 7120! 4791 PURCHASING r• drew.. w-..... ....r~+ww1 . ..E:•.' _ u~ • i s • PURCHASE ORDER N0: 76730 THIS IS A XXK This mxmber misl appear on all CONFIRMING ORDER ktvoices, delivery slips, cases. (IF MARKED) ctns. boxes, pecking slips and bills. DO NOT DUPLICATE Rea. No: Bid No: Date: 08 06 97 Page No. 01 PURCHASING DrVISION 1 -31 319 DEN SONf TEXASI TM TEXAS )6201-4354 TEXAS 9401349-7100 DOW METRO 8{71267-0042 FAX 9401349-7302 VENDOR SOUTHWESTERN ELECTRIC SERVICE NAME/ COMPANY DELIVERY CONFIRMATION ONLY C13 ADDRESS P.O. BOX 1810 ADDRESS UTILITY ELECT ADM, SERVICE CTR JACKSONVILLE TX 15766 901 B TEXAS ST DENTON TX 76201 VENDOR NO. SOU49504 DELIVERY QUOTED 09 30 97 FOB DESTINATION BUYER TS TERMS rr.'fi,yw'° '.r"k: 0' AM A t ' RAJ`:+'1' as 41 001 200.24 VENDOR CAT. t N / A MFG NAME 1.000 200.24 CITY / 96285 TRANSMISSION PLANNED LOSSES ~ I `I f l P OE TOTAL t 200.24 OR ND TOTAL t 200.24 • 01 610 132 1032 5650 9588 200.24 • VENDOR INSTRUCTIONS 1 Terms • Nei 10 •a•'•'ry..u.dl 1. Send Mipinel Invoke mit euplicale go/y. ~ 4. Snipping instructions: F 00. Destination Prepaid w....w•rw y.nh.af 1 Bill to - Accounts Pr,414 S. No federal or state ides us toll be in fuded 21S E Mckinne Sit in prices filled rc asxq viwon Denson, Tx 76201.4299, PURCHASING y 77 • • PURCHASE ORDER NO: 76724 THIS IS A XXX l This number must appw on an CONFIRMING DWI I Invoices. deNstry slips, eases, (IF MARKED) U ctns., boxes, pecking slips and bins. DO NOT DUPLICATE Re4 Na Bid No. Owe: 08 06 97 Pepe No. 01 PLACHASiNG D(VISPON 1901 8 DEN 5 ONE DEDENTON. TEXAS 76201-4364 TEXAS 9401349-7100 D1FVV METRO 8171287-0042 FAX 940/349-7302 VENDOR TEXAS-NEW MEXICO POWER COOP. NAME! P.O. BOX 2943 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITY ELECT ADM, SERVICE CTR r FT WORTH TX 76113 901 B TEXAS ST DENTON TX 76201 VENDOR NG. TBX77760 DELIVERY QUOTED 09 30 97 FOB DESTINATION BUYER TS TERMS 001 989.41 $8 VENDOR CAT. 8 N / A NFO NAME 1.000 989.41 CITY i 96285 TRANSMISSION PLANNED LOSSES I • P 0E TOTAL a 989.41 OR ND TOTAL a 989.41 0 01 610 132 1032 5650 8588 989.41 • vEAOM i+sTeueilOFts 1. terms - Nei 10 e.+-. w-u»u 1 Sen! w4m IorNce 1101 ir/FipM tom. 4. S4;iiij baYecNent F.D S Oestlnstien Fr"M sw..r .sw.w wwU L bill No kcaa?;Z . S. No te4sref er store Uhl tos stx41 H k k4e! IIS E McKirmr S& 4 Prices Ww c . Division TN NZII-.V»EPURCHASING • 1 • • PURCHASE ORDER NO: '16728 UHIS IS A ~XXX this rwmber must appear on all CONFIRMING ORDER stvoices. delivery slops, uses, IIF MARXEDI ctns., bores, pecklN slips and hilts. '.O NOT DUPLICATE Re4 No: Od Na Date 08 06 97 Page No. 01 PURCHASING DMCOTY901- TTEEKAS SONf / DEENTON. TEXAS 76201-4354 940/349-7100 DIFMETRO 817!267-0042 FAX 9401349-7302 VENDOR TEXAS UTILITIES ELECTRIC CO. NAME/ 1601 BRYAN STE 36-058 DELIVERY CONFIRMATION ONLY C13 ADDRESS ADDRESS UTILITY ELECT ADN, SERVICE CTR m , DALLAS TX 75201 901 S TEXAS ST + DENTON TX 76201 VENDOR NO. TEX95605 DELIVERY OUOTED 09 30 97 FOB DESTINATION BUYER TS TERMS tR x r k1 ,c. fir: pflia MMIN_ T 001 297543.48 SS VENDOR CAT. i N / A XFG MANE 1.000 297,543.48 CITY / 96285 TRANSMISSION PLANNED LOSSES i j i • II P GE TOTAL r 297,543.4t1 GR ND TOTAL t 297,543.411 • 01 610 132 1032 5650 6588 297,543.48 YEN0041 IN5IMTfM& 3. Terms • Net 10 134- • w.. dt 1. Seed oligieW Involce with dupGc+le to". ' 4. shipying Insuuclions: F.0 all. Destwaliaa peasif aw...M.... y..d.u 2 6111 is Accwnls Payable 1 6. No federal or sits sales us shall be include/ +eC King 1 vet 4, "I E lt"10,r 11 in pr es billed Rion, A 10201-42!! . , ~ PURCHASING s • AgOdd No. 22-039 Lpenda Item Date 2. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE LXPENDITURE OF FUNDS FOR THE PAYMENT BY THE CITY OF DENTON FOR DEBT SERVICE PAYMENT FOR SEMI-ANNUAL BILLING TO UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contract requirements for debt service payment for semi-annual billing, the City of Denton is required to pay to Upper Trinity Regional Water District; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the expenditure of funds in the amount of 527,529.78 to be paid to Upper Trinity Regional Water District, is hereby authorized. SECTION H. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FOR,INI: f HERBERT L. PROUTY, CITY ATTORNEY BY: • ass.oan c. oil • DATE: August 19, 1997 CITY-COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance SUBJECT: CHECK REQUEST - UPPER TRINITY REGIONAL WATER DISTRICT REC0NLNIENDATION: We recommend the check requisition to Upper Trinity Regional Water District be approved in the amount of $27,529.78. SUHNIARY: This check request is for the semi-annual billing for design and construction ofajoint treated water pi~cline project. The contractual agreement commits the City of Denton to a pro rated percentage of S 14.41 of the total cost. PROGRAMS, DEPARTMENTSOR.GROUPS AFFECTED: Denton Municipal Utility and Upper Trinity Regional Water District. FISCAL. IMPACT: Funds for this billing will conic from revenue bond account N 661-081-RB$8-R609- 9138. Attachments: Check Request dated 7.23-97 Letter from Upper Trinity Regional Water District Invoice 2CBR119707 Debt Service Schedule Respectfully submitted: s S~ Ka ose Executiv Director of Finance Approved: +lame: I om D. S ha %v, C. P. M. • t Title: Purchasing Agent i 912. AGENDA I 2 • CHECK REQUISITION-VOUCHZR S7 1 PAY TO: CHECK NUMBER $27,529.78 AMOUNT Upper Trinity Rpoional Wtr.Dist, W/WW ADMINISTRATION 396 W. Main DRPAR'TMENT P. O. Box Drawer 305 Lewisville. TX 75067 07/23/97 DATE INVOICE, NUMBER AND/OR P:%PLANATION A'•CT. NO. NET INV. MT. I Invoice # 661-081-RB88-R609-9138 $ 27,529.78 Debt Servicei ' Semiannual Billing Statement for Reimbursement of Cost for Design and Construction of Joint Treated Water Pipeline. O TOTAL 527.529.78 O ~ O O THE ABC;- HAS BEEN RM!EWED AND RECOWENDATION FOR BILLIN3 I MADE HG APPROVAL SIGATA.TUR CITY MANAGER APPROVAL 3 DIRECTOR OF FINANCE APPROVAL ti C4 i 41 • r • RECEIVER .;vL I u ;S:1 996 W, Main. Sc.^e PO. Drawer 305- LewinJle, T.:'°-_c' REGIONAL WATER DISTRICT - 072) 259-1228 • Fax (97Z 22'-c38c July 17, 1997 Mr. Robert E. Nelson Executive Director Denton Utilities-City of Denton 215 East McKinney Denton, Texas 76201 Re: Debt Service Payment for Joint Pipeline - Invoice 92CBR119707 Dear Bob: Enclosed Is the semi-annual invoice for Denton's share of the current debt service payment The total amount due is $27,529.78. The District would appreciate payment by August 15, 1997. 1 apologize for the delay in preparing the semi-annual debt service invoice. Since Denton's pro rata share of the pipeline was funded from the District's revenue bonds, the District has applied the previously agreed upon pro rata prop aae of 14.781 to the bi-annual debt service payments made by the District. The next debt service payment is due'to the paying agent on August 1, 1997. Enclosed with our invoice is a copy of the complete 26 year debt service schedule for Denton's share of the District's revenue bonds. If you have any questions, or need additional information, please call me. _ Sincerely • Susan J. Cartmill, C.P.A. Accounting Manager Enclosures: 1) Invoice # 2CBRI 19707 2) Debt Servlc4 Schedule • SJC/feo • O rMI~VKMWwrt T/1 4 . ...v.. ,...r.r... ~.in..n. n.~.......~.~~~~..a.-..nn..n. Mme.-~~i.,~ Statement 396W Main.Swle,a2 P.O. Craxer 305 - Lemsvlne, TX75Cd REGIONAL WATER DISTRICT (9721219-1223 - Fax (972)221•9690 City of Denton Sam{-Annual BilWnp Statement for RNmDursennrt of Costa for DMlprt rW Conetrucow of Joint TmatW Water POW*. Statement Date: 07M7197 Invol.e Ko: 2COR110707 Joint Trod Water plpalina onto From Deter To Amount OedSellaFor the Period C&01A7 to DUJ1Ae 027,M.7e Total for Prfod tV7,129.7t Amount pad due Totat Amount Due Total Amount Duo Current Period 12711129.75 Total Amount Pad Due Total Amount Due TWO BID 177521.75 please Pay By: MMVI • 1 r, rwr. M, .ern • ~ k C ~ . _ei a.z. • District Copy REGIONAL WATER DISTRICT City of Denton PLEASE RETURN THIS COPY WITH PAYMENT SWI-Annul 8*V 9rdenwrt for RNmbtmemert of Coats for Damps and Construction of Joint Treated Water Plpeprw. Statement Date: 07117197 Invoice No: 2CBR119707 Joint Treated Ndater PlpeI4w Ode From Ode To Amount Debt tSor*,* For the Period owis)7 to O1A1Re 11VA2i.79 Total for Aer70d '117,628.75 Amount Pad due 1 J , TotdAmountDue ~ ILA..-- 127.6t1.7f Total Amount Due Current Period 127,118.75 Tote! Amount Pad Due Total Amount Due TtiJa RIP 517,62!.75 Pleas Pay By: /511547 levy W*J- 6 JJ~ 1 ~3 s;, c • • City of Denton's Pro Rata Share of RNUP Series 1993 Revenue Bond Debt Service Scfledule nett service less DModon'sAnnual Date Debt Servko Ca 'ailed lrrterest DMNOMS Share Pa eM (FY Basis 02101/94 178,95823 0,00 08/01!94 113 02625 0.00 02/01/95 113,02625 0,00 08/01/95 713 02825 3338606 4,934.46 10 502.89 02/01 /96 113,12625 113,02625 16,7,0528 08!01!96 188 02625 188 028.25 27 T8028 _ 44 408.73 02/01197 111 263.75 111 283.75 16,444.78 06!01197 188283.75 - 188 3.75 27 529.78 43 883.11 02!01 /98 199,407.50 109,407.50 18,170.43 0^!01196 169 407.50 189407 ' so 27 994.43 44 062.38 02/01199 107,327.50 407,327.50 15,863.00 08/01/99 197 327.50 197 327.50 29185.00 44 908.20 02/012000 104,897.50 104,897.50 15,503.85 08/01/2000 199 897.50 199 897.50 29 544,85 44 918.82 02/012001 102,28125 10228125 15,11421 08!012001 202 26115 202 125 29 69421 ".80.02 02/012002 99,47115 99,41125 14,892.98 08/012002 204 41125 204 41125 30 211.98 44 754.95 02/072003 98,366.25 98,36815 14,242.93 081072003 208 36625 208 38625 30 500.93 44 583.99 02!01!2004 93,12115 93,12115 13,763.32 08/012004 213,121-25 21312125 31 499.32 45,083.60 02/01/2005 89,49115 89,49i15 13,228,81 08/072015 214 441.25 2144 9115 31 701.81 44 73914 02101!2006 85,647.50 85,647.50 12,658.70 08/072006 220 647.50 "220 647.50 32L611.70 45 062.56 02101/2007 a1,428.75 81,428.75 12,035.17 08/0112007 226 428.75 228 428,75 33 466.17 45 274.53 02/012008 78,825.00 78,825.00 11,354,74 08!012008 231 825.00 231 825.00 34 283.74 45 374.11 02/012009 71,865.00 71,865.00 10,621.65 06!012009 236 865.00 23G.865.00- 35008.65 45 368.13 02/01201o 66,5405 66,543.75 9,835.17 08!012010 241 543.75 241 543.75 35 700.17 45 255.13 02/072071 60,656.25 60,85625 8,994.55 08/012011 245856 - 25 245 85625 36 337.55 45 035.89 02/012012 54,843.75 54,843.75 8,105.91 081012012 249 843.75 249 843.75 36 928.91 44 718.18 021012013 48,457.50 48,457.50 7,182.02 08/012013 258 457.50 258457.50 38 200.02 45 023.21 • 02/01'2014 41,580.00 41,580.00 6,145.52 081012014 261 580.00 261 580.00 38 687.52 44 449.37 02101!2015 34,320.00 34,320.00 5,072.50 08!012015 269 320.00 269 320.00 39 805.50 4449593 02/012016 26,565.00 26,565.00 3,926.31 06/012016 276 565.00 278 565.00 40 878.31 44 396.16 02!012017 18,315.00 18,315.00 2,706.96 p 08/0112017 288,315.00 286 315.00 4261298 44,8M95 021012018 9,405.00 9,405.00 1,390.06 081012018 294,405,00 294,405.00 43 513.06 44 439.76 7,524,489.48 7,039,838.56 1,040 488.14 1.040.488.14 7 • i ApeuoYHe, 7-03' Agenda ilern Data - 19-7 ORDINANCENO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE DENCO 9-1-1 DISTRICT RELATING TO PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE: THE COUNCIE E CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an Interloeal Agreement with Denco 9-I-1 District relating to participation in various City of Denton contracts which provide for the purchase of various goods and services, a copy of such agreement is attached hereto and incorporated by reference. SECTION 11. That this ordinance shall become v1Tective immediately upon its passage and approval PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR A FTEST- JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: o HERBERT L. PROUTY, CITY ATTORNEY i BY. INTERLOCIL OTHER 1 ' • • S . w DATE: August 19, 1997 CITY-COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance SUBJECT: INTERLOCAL AGREEMENT DENCO AREA 911 DISTRICT RECOMMENDATION: We recommend this interlocal agreement with Denco Area 9-1-1 be approved. SUAIMARY: The approval of this interlocal agreement will allow Denco Area 9-1-1 to participate in a cooperative purchasing agreement with the City of Denton for the purchase of various goods and services. In this particular instance Denco 9-1-1 is interested in utilization of our pager/pager service contract with PageNct. The DENCO 9-1.1 District Board of Managers approved this agreement by resolution on July 31, 1997. PROGRAMS, DEPARTNIENTS_OR GROUPS AFFECTED: DENC0 9-1-1 Distdct, PageNct of Ft. Worth. FISCAL IMPACT: This interlocal agreement will have no financial impact on the City of Denton. Attachments: Denco Area 9-1-1- District Resolution Interlocal Agreement Respectfully submitted: a se - Executive Director of Finance Approved: FvT-ame-' Tom- Shaw, • Title: Purchasing Agent 913.AGENDA 1 ` ._J 2 • i { w .7,-71 . Y~. r l 0 41- 1! R 11111 • RESOLUTION On the 31st day of July, 1997, be is hereby resolved that the Dence Area 9-1-1 District Board of Managers passed the following resolution: The executive director is authorized to execute a Cooperative Purchasing Agreement with the City of Denton in order to p-siticipate in various City cf Denton contracts for the purchase of various goods and services. Signed this 31st Day of July, 1997. George R. Corbin, C irman Olive Stephens, Secretary i i •I 11. i J 3 i loll i • r • THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL AGREEMENT COOPERATIVE PURCHASING AGREEMENT This agreement is made on the / day of 1997 between Denco Area 9-1-1 District, and the City of Denton, Texas. In consideration of the mutual covenants contained herein and pursuant to the authority permitted under Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act, Denco Area 9.1-1 District and City of Denton agree as follows: L Purpos The Denco Ares 9-1-1 District wishes to enter into this Interlocal Agreement to authorize participation in various City of Denton contracts for the purchase of various goods and services. The participation in this cooperative program will be highly beneficial to the taxpayers through anticipated savings to be realized. It. Duration ofAareement This agreement, which terminates as of its effective date, all prior agreements, written or oral between the parties concerning the same services/materiah, shalt become effective on 1997, and shall continue in full force and effect thereafter until terminated by either party on thirty (30) days written notice to the other. III. Relationship of P, 'es The parties intend that the entity, in receiving products and/or services specified in this agreement, shall act as an independent purchaser -nd shall have contrul of its needs and the manner in which they are acquired. Neither the Denco Area 9.1-1 District, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of the City of Denton and shall not be entitled to participate in any pension plans or other benefits that the City of Denton provides its employees, CITY OF DENTON DENCO AREA 9.1.1 W STRICT / BY: BY: ® lack Miller, Mayor MichaeldL. Pedigo, Executive Director i~ • DATE: DATE: b 7 4 • y,~ r 1 • • • i Agende No -_63 7 Agenda Item Date_ CITY COUNCIL REPORT TO: Mayor and Members of the City Council PROM: Rick Svehla, Deputy City Manager DATE: August 19, 1997 SUBJECT: Audra / Nottingham Connection - Right-of-flay Dedication i The Engineering s Transportation Department seccomends approval. SAS a Associates own a large tract of land in which sort of the proposed Audza / Nottingham route traverses. They have agreed to dedicate the needed right-of-way for the improvements. PPOOPAMS, S, OR OROUP4 Arl=TED• Engineering a Transportation Department, SAS i Associates, Inc. r1scAL 33WACT- Costs associated with the Audra / Nottingham Connection project. RESPECTrMLY SUBMITTED: Rick Svehla Deputy City Manager Prepared by, Paul Williamson • Technical Assistant, Right-of-Way Approved by: Je ry Clar p D! or o Engineering i Transportation O O ti oarp..pe I 1 r f 4. ~ 5: 0 • - I D TRI TUCK I r L jj VtLL'. BURiGR ROW ce cNE N BI Z L ST • -LX NIYVOOD yLN a ROB C C3 UNIVERSITY DRIVE J SR AU D n{ MEN AN fi = D CE 112EE ~'D Z gQP~ 'a 0 OAK RIDGE SE OI P K ESTATES n TAV WANDVVTNE PROPOSED MN l~ J AUDRA / NOTTINGHAM D CONNECTION ~ OAKSNtaE t"Ea PROPOSED AUDRA AUDRA DEDICATION TERRT cT. TRACTS Q BEVCRLY g NC SA IF LATTDGRE NOVARD CT. LA1 T[MCPi[ W BRI TAB STO °i W+tVE'T 0 V V CAKTRCE AK HIT E13AK RISTDP/ER MEADOVOAK MACK ci ® ® PAIS-El' BAp H N t NO SCALE T vooasDN Nv+G cu. PAi EY G1 PAISLEY cta, ctD+DSrT Kv+GPISNE e CIR. j R VESTON NEADOVLAaK Y 0►X DOUBLE r OAK tFIOLf CT. MAR- C C NEST DO?-O{ NACK CT. AL S PARK LON4HC L A RIDGE WuuDTNRtr~++ ADD[ ON suCT.RVIND D TION SI M-O-Lv« b cr. f~ @ EAST MCKINNEY "iTCtA Nt"+INCnaa F. M. 426 z BLUEataD Y AIL XJNTY Z PARK = .J 2 ru~YY~WY • • ORDINANCE NO. AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE DEDICATION INSTRUMENT EXECUTED BY SAS & ASSOCIATES, INC., ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. The City of Denton, Texas, accepts the dedication of a tract of land for street and utility purposes, as offered by dedication deed executed by SAS & Associates, Inc., dated June 24, 1497, a copy of which is attached. SECTION 11. That the Department of Planning is directed to show the property dedicated as public streets and for public utility purposes on the official map of the City of Denton, Texas. ,SECTION ill. That this ordinance shall become effective immediately upon its passage and approval. PASSED AN' APPROVED this the day of .1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • II • 0 BY: I E,IDOCSM.DSAS DEDICAMN 3 1 A A t~ DEDICATION OF PROPERTY FOR PUBLIC USE That SAS i ASSOCIATES, INC., a Texas corporation, TRUSTEE dedicates to the public forever for the use of streets and utilities the property described in Exhibit "A", attached to and incorporated herein by reference containing a total of 1.7345 acres of land. Executed this 2-qbf day of~ , 1997. SAS i ASSOC TES, INC., TRUSTEE d)s i ASSOCIATES, INC., TRUSTEE 1 Sy: By ul Aguilar, Ven er im Schroeder, Venturer TOR STATE OF TEAS, § Comm OF a-NeflnS This instrument was acknowledged before me on Tune, ag- 1, ,1997 Raul ilar. /a / "v SliSllll gMNINt;11AM [~p7? ~L~' ' NOTARY PUBLIC Notary public, » in an for the ~tate of Texas State of Texas my Coe aission Expi 4:,t i - 9 ' a Comm. Exp. 04-16-N THE STATE OF TEXAS, S COUNTY OF nalfag_, § This instrument was acknowledged beforep me on -Jura ail-+lj ,1997 SUSAN CUANfNCNAf1 I f E s, NOTARYPUBLIC e S Ga of Texas State of Texas Notary Public, in an or-,T 'w 'Comm. EXP. 04.1gyg My Comaission Expire 9 Executed this day of , 1997. CITY OF DE:XTON i e By: Jack D. Miller, Mayor • d ATTEST: By: I Jennifer Walters, City Secretary 4-a C M • • "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the Joseph D. Lilly Survey, Abstract Number 762 and the William Lloyd Survey, Abstract Number 713, and being parts of the 52.041 acre tract conveyed to SAS i ASSOCIAT.7ti, INC., TRUSTEE as recorded in Volume 3279, Page 544 of the Real Property Records of Denton County, Texas and being more particularly described as follows: TRACT 1 BEGINNING at the most southerly southeast corner of said 52.081 acre tract, same being the intersection of the north right-of-way line of Lattimore Street and the west right-of-way line of Audra lane; THENCE South 89° 52' 44" West along the south line of said 52.041 acre tract and the north right-of-way line of Lattimore Street a distance of 34.75 feet to a point for corner; THENCE North 17' 21' 05" East a distance of 112.47 feet to a point for corner, said point lying on an east line of said 52.061 acre tract; THENCE South 00° 39' 36" East along the east line of said 52.081 acre tract a distance of 107.28 feet to the POINT OF BEGINNING and containing 1,864 square feet of land. TRACT 2 BEGINNING at the most northerly northeast corner of said 52.041 acre tract, same being the northwest corner of a tract conveyed to Chaster Sparks and wife, Anna Lee Sparks recorded in Volume 386, rage 573 of the Deed Records of Denton County, Texas, said point also lying on the southerly right-of-way line of the Union Pacific Railroad Company; 1 THENCE South 01' 24' 23" East along an east line of said 52.041 acre tract and the west line of said Spark's tract a distance of 161.39 test • tO a point fox corner, said point being the southwest corner of said Spark's tract and an inner ell coiner of said 52.041 acre tract, said point being the beginning of a non-tangent curve to the right whose radius point bears North 52° 45' 29" East a distance of 540 feet and whose central angle is 16° 21, 59"; • THENCE NortLwastarly along said curve an arc length of 154.25 feet to a • • J point for corner, said point lying on the northerly line of said 52.041 acre tract and the southarly right-of-way line of the Union Pacific Railroad Company; THENCE North 69 071 28" East along said lines a distance of 75.69 feet to the POINT OF BEGINNING and containing 6,321 square feet of land. 4-b 7 7 • • r "EXHIBIT A" Continued TRACT 3 ca4m NCINO at northerly northeast corner of said 52.041 acre tract, same being the northwest corner of a tract conveyed to Chester Sparks I and wife, Anna Lee Sparks recorded in Volume 386, Page 573 of the Deed Records of Denton County, Texas, said point also lying on the southerly right-of-way line of the Union Pacific Railroad Company; THENCE South 01° 24' 23" Bast along an east line of said 52.081 acre tract and the west line of said Spark's tract a distance of 161.39 feet to the POINT OF BEGINNING, said point be.'.ng the southwest corner of said Spark's tract and an inner ell corner of said 52.041 acre tract; THENCE South 89° 09' 44" East along the south line of said Spark's Tact and a north line of said 52.041 acre tract a distance of 107.75 feet to a point for corner, said point being the beginning of a non- tangent curve to the left whose radius point bears North 44° 27' 05" East a distance of 460 feet and whose central angle is 03° 26' 07"; THENCE southeasterly along said curve an arc distance of 27.58 feet to a point for corner; THENCE South 48° 59' 02" East a distance of 164.69 feet to a point for corner, said point being the beginning of a tangent curve to the right whose radius point boars South 41° 00, 58" West a distance of 540 feet and whose central angle is 52° 03' 42"; THENCE 7outherly along said curve an arc distance of 490.67 feet to a point for corner; THENCE South 38° 30' 40" Bast a distance of 45.76 feet to a point for corner; THENCE South 79° 28' 27" East a distance of 39.29 feet to a point for corner, said point lying on a southeast line of said 52.041 acre tract and a northwest line of a tract conveyed to D.L. Porterfield, Trustee by deed recorded in Volume 617, Page 85 of the Deed Records of Denton County, Texas; THENCE South 47° 331 52" West along said lines a distance of 92.85 feet , to a point for corner, said point being the moot eastern southeast j corner of said 52.041 acre tract and lying in Audra Lane; THENCE North 89° 13' 11" West along a south line of said 52.041 acre A tract a distance of 94.86 feet to a point for corner, said point being 0 • J an outer ell corner of said 52.041 acre tract; THENCE North 01° 431 1711 East along a west 1.1.ne of said 52.041 acre tract a distance of 16 feet to a point for corner, said point being an inner all corner of said 52.041 acre tract; 4-c • • 1 "MMISIT All Continued THENCE South 89' 081 44" East a distance of 1.33 feet to a point for corner, said point being the beginning of a non-tangent curve to the left whose rad+,is point bears North 75' 13' 06" Neat a distance of 460 feet and whose central angle is 63' 45' 570; THENCE Northwesterly along said curve an are distance of 511.95 feet to a point for corner; THENCE North 48' 59, 02" Nest a distance of lf.4.69 feet to a point for corner, said point being the beginning of a curve to the right whose radius point bears North 41' 00' 58" Bast a distance of 540 feet and whose central angle is 11° 44' 31"; THENCE Northerly along said curve an arc distance of 110.67 feet to the POINT OF DIMMING and containing 1.5466 acres of land. 5-a-n • 4-d a • e CKSTO 6 ANA LO: AAM "UAE SK PINE aT3 DP.=T. Trod I i I St" ACN[i / aAi SLUM 3M. IIIC.. "faT[[ _ TrM S YoLUrIN Sill. rAK a46 116~i+M"Nd-Mw! , I IVJLa.C.T. Lew a.. / II Left I 1 I I + I 1 { I I I I i 1 I I I e I 1 ` + TrNI i ' 1 1"~; i-~,n I r Left"WO ® 1 = 3001 • o City of Denton Engineering & Transportation Department Right-of-Way Dig wwn yQ zy, tasy 4-a • • f. f agenda ke. -03 CITY COUNCIL REPORT Agenda Ile Dafe TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: August 22, 1997 SUBJECT: ORDINANCE INCREASING THE SPENDING AUTHORITY OF THE CITY MANAGER, CITY ATTORNEY AND RISK MANAGER RECOMMENDATION: Staff recommends approval of this ordinance. SUMMARY: Attached is an ordinance which increases the spending authority of the city manager, city attorney and risk manager from $15,000 to $25,000. Over the past several years we have seen costs continue to rise while the city manager's, city attorney's and risk manager's authority remained at $15,000. In an effort to make things move expeditiously and in an orderly fashion, we would ask Council to approve this ordinance that would allow an increase in these limits. This new limit would allow us to move contracts, make settlements, or get work completed in a more timely manner. PROGRAMS, DEPARTMFNTS OR GROUPS AFFECTED: All departments would be affected. FISCAL IMPACT: None Respectfully submitted Ted Benavides City Manager Prepared by: • Rick Sveh a, eputy City Manager • • • AS70 Altschment AM'.1DDACC C • • 4 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACTS AND CHANGE ORDERS NOT TO EXCEED A CERTAIN AMOUNT; AUTHORIZING THE CITY MANAGER, THE CITY ATTORNEY, AND THE RISK MANAGER TO SETTLE CLAIMS NOT TO EXCEED A CERTAIN AMOUNT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TEX. LOC. GOV'T CODE §252.046(c) authorizes the governing body of a municipality to grant gercral authority to an administrative official of the municipality to ap- prove change orders involving a decrease or an increase of S25,000 or less; and WHEREAS, sound risk management principles and the public interest indicate that claims against the City should be disposed of efficiently; and WHEREAS, it is in the public interest to authorize this general authority to approve con- tracts and change orders not to exceed $25,000 to the City Manager and authorize the City Man- ager, the City Attorney, and the Risk Manager acting as a claims committee to approve claims not to exceed $25,000 without the necessity of Council action; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON. TEXAS HEREBY ORDAINS: SECTION L That the City Manager or, in his absence, the Deputy City Manager, is hereby authorized to approve contracts and change orders involving $25,000 or less or an in- crease or decrease of $25,000 or less, provided, however, where required all such contracts shall be awarded in compliance with competitive bidding laws. SECTION 11. That a claims committee composed of at least three persons, including the City Manager or the Deputy City Manager, the City Attorney or the Litigation Attorney, and the Risk Manager, is hereby granted the authority to settle and resolve all claims against the City in the amount of $25,000 or less. SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. E r JACK MILLER, MAYOR 1 i t' 46 _ ._....r • • r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY f f BY: i • 1 t Page 2 dt • i • ~.i -O CTTX ComerL REPORT Apeeba NO A90da tern _ 7 TO: Mayor and Members of the City Council Date rROM: Rick Svehla, Deputy City Manager DATE: August 19, 1997 SUBJECT: Proposed Partial Easement Abandonment - skyfab Addition The Development Review Committee recommends approval. The Planning i Zoning Commission recommends approval. David Arthur, President of skyfab Inc., has requested that the City of Denton abandon that section of the Brazos Power Transmission Line blanket easement affecting Lot 1, Block A, Skyfab Addition. Attached is a copy of the plat showing the subject area. The easement rights through this tract were assigned to the City of Denton in October 1967 in conjunction with the purchase of the Brazos River Transmission Electric Cooperative, Inc. facilities by the City. The City of Denton Electric Utility Department has no plans to utilise the Brazos corridor south of T.M. 2161 (Teasley Lane). This tract is south of r.M. 2161 and therefore the Electric Department endorses the abandonment. yan[snLms. DEPA TMas. OR dAOVP3 AMCTED: City of Denton Electric Department Skyfab Incorporated rISCAL IMPACT• ' Appraised value of easement mention to be abandoned. RESPECTrULL! £OBMITTED: i Rick Svehla Deputy City Manager ~ rzapared bp: Paul Williamson Technical Assistant, Right-of-Nap • Approved by: t 0 0 Jer lark Dir for of ngineesinq i Transportation 1 _ • • !I . J ,a 4., Y • SITE r NO SCALE 2 • • • V4 Z7 V O~ ED d Wd JIDO_iw8Vl1. ' a<~• to !"T~•►x~1~ ~er~ `a- ..r -.1.r. rust to v w.m ww u 1• 00. so Pic N 6e4pC w .tr rr tit m ~s P ~ w ~w~i=. w..r rrr "'irr r".at"vi p trsKrnw . r.rur . r..calr. , K1U06fC71 E11/SlfiYillD OOWOtlM1f OM1 ww. r •..I.w r.■.....w..w r w.. trwl a~'ri wtFr~ w~"+ ►w w n ~•w,. i. w w w 117o/l Kw K fW mma as um memo rE\l/Atrrlr AM w u w~,t Y w l also U LE MI ILWIL k10-Yktl COr' INC' ' ' . 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AN ORDINANCE ABANDONING AND VACATING A RIGHT-OF-WAY EASEMENT FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINES IN THE VICINITY OF THE SOUTHEAST CORNER OF THE INTERSECTION OF F.M. 2181 (TEASLEY LANE) AND OLD ALTON ROAD, AS IT PERTAINS TO LOT 1, BLACK 1, SKYFAB ADDITION, IN THE CITY OF DRNTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 18th day of June, 1952, H.D. Price and Mrs. Luda Price granted to Brazos River Transmission Electric Coopera- tive, Inc. ("Brazos") a right-of-way easement (the "Original Easement") for the construction, operation, and maintenance of an electric transmission or distribution line or system, upon a certain 30 acre tract of land being a past of the A. E. Cannon 640 acre Survey on Hickory Creek, which is more particularly described in the original Easement by metes and bounds, and which original Easement was filed on August 4, 1952 and recorded thereafter at Volume 381, Page 494 of the Deed Records of Denton County, Texas; and WHEREAS, on the 23rd day of October, 1987, Brazos conveye4 to the City of Denton, all of its right, title, and interest in and to the Original Easement, by Assignment Of Easements (the "Assign- ment"), which Assignment was filed on March 1, 1990, and thereafter recorded at Volume 2736, Page 0829 o.`. the Deed Records of Denton County, Texas; and WHEREAS, the City of Denton is the lawful owner and holder of the original Easement by virtue of the above-referenced Assignment; and WHEREAS, Skyfab Meal Manufacturing, Inc. Is the present owner of real property described as Lot 1, Block 1 ~Pf Ekyfab Addition, as 1 more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; which real property is situated within the 30 arse tract of land described in the original • Easement; and WHEREAS, the City of Denton has received a request for the vacation and abandonment of that portion of the Original Easement, i consisting of a certain 7.3522 acre tract of land, also legally described as Lot 1, Block 1, Skyfab Addition, which is more particularly described in Exhibit "A" attached hereto; and - ® O O WHEREAS, the Planning & Zoning Commission of the City of Denton, Texas reviewed the requested vacation and abandonment, and / recommended approval; and WHEREAS, the Council of the City of Denton Texas has determined that the portion of the right-of-way easement being abandoned and vacated is no longer needed for public use; and 3-a c • r • WHEREAS, the fair market value of the right-of-way easement has been determined and received, as required by Section 272.001 of the Texas Local Government Code, and DENTON, TEX., CODE ch. 2 art. IV (1991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the right-of-way easement described in Exhibit "B", attached hereto and incorporated herein by reference, is permanently abandoned, vacated and extinguished as a public easement as it pertains to Lot 1, Block 1, Skyfab Addition to the City of Denton, Denton County, Texan. SECTION IT, That by reason of such vacation, the City of Denton's property intere.at in the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Dentor, releases any and all claims to the use of the vacated portion of said real property as a public easement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I 1 BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • 3-b n w • • "EXHIBIT A" Lot 1, Bkck 1, Skyfab Addition ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the A.E. Cannon Survey, Abstract Number 2320 and Icing all of Lot 1, Block 1, Skyfab Addition recorded In Cabinet G, Slide 29 of the Plat Records of Denton County, Tens and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein, said point being the northwest corner of the Jay-Mar Addition as shown of record in Cabinet D, Slide 289 of the Plat Records of Denton County, Tens; THENCE South 040 23' 19" East a distance of 1,456.49 feet to a point for corner; , THENCE South 840 09 SS West s distance of 339,37 feet to a point for corner, THENCE North 040 23' 19" West a distance of 429.58 feet to a point for corner; THENCE North 840 07'06" East a distance of 169.49 feet to a point for corner; THENCE North 040 2311911 West a distance of 1,028.04 feet to a point for corner; THENCE North 840 35' 30" East, a distance of 169.86 feet to the POINT OF BEGINNING and containing 7.3522 acres. x i • L O ~J db~a\yi'~i"'wpdna~6ddrohkY66fa"Dd i 3-o • • l saw ` $310 THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS, COUNTY OF DENTON THAT we. W andrnlreed (.Ithm ant or am) No Do Rice, Ws. Lida Price I.+.u.s:L:) f~:W+:J :aJ e'1e1, s iced ratu.ilo suasWu.ae., W '"Awl r►fuA I. halety atinc.t.ag.d, do teeny ftaet ale anam xlnt TriaaWin to.etrtt CsnMraWa, Imc . a tesronWe aapentlma rhme prtedke .ddrar Is Wua. Tasy red to its sacrament a arlgr, %a right L ate ap,e the lug, of am ander.ieyd, savated h. the l rr.ity at Denton , glass a( Tay W mom pwnt.ry described u /.ne.w I l All that certain treat or partial o of Denton, State of Texas, if pit rtor theA.la. Cannoon6 4 can survey yT on Hickory CreeYr a conveyed M. L. part of a bb aura treat of land conveyed by oorded,ianVol f25,tpageaZ. ofrthby dead doted e Deed Records of DentoneCo91 M M, L. unty,rTax- ■a, and more fully described by metes cad bounds as follovsl 280 lardst~lof the northwesttaornertoflsold 66 ars6treat~ treat THENCE vast 280 yards to the northwest carrier of said 66 acre troott THEIICE South 497 yards, more or lose, to a stake for'oornar in the vat line of said 66 acre treat! THENCE East 298 yards, more or less, to stake for porneri r~•: THEME Rorthwe orl2 497 yards, more or lea, to the place of i bezinning, and contalaina )0 aarea of land, more or lea.', r;I And being the some land conveyed by A. M. Stinson to {,iidi"'price and husband, H. D. rriae by dud dated July 24, 1946, and rehouse of record in Volume 33e, rain 8, of the Deed Race, of Denton County, Taxes, The aooperntiva ei11 yysy the grantor fi12.50 per pole or anchor placed on the above described property when the poles or anchors are tit. end to recatnet, ep.rets ail s bWo r the abplaatrDed as& "A In or %on an atmeta Press r hlghrars owulig _ said I.ndt, an slsttda troa al.abi a d4trthutlee Ww or arum ail A. plea, tantrum. repair sod rolaWm ra uA lands ether stake aa4er wine semrarf a odrimble fa W eaWaetlseh opentim, repair sod mslstewue of Wd eleetele tranemlmlm or Co"utlaa sew r eratem, u1 Y M W tda amm aid dn►Wrr to the must aremery to Imp them d,a of said eleetrit Dr. m antra end to sat den from tba to tlao an &.4 wmX Imeh,s or dondemas teen that an tall enougls to Miss the wire to MLd. The fedonrrned teronat that th.r see the ewers at the drso'ud ti„df ud that the "it land- an free and dear of meumbmner end setae of rhaWerr, e4rectr resort Isom hard by Wes feno.L g price, !R wrracss wNrAror the onderwrow 4Pr rat it.;, haadt area rah t►m _..._......,11~ Icy of omen+rasu: ~p V 3-d a • • C ~ C STATE Or TEXAS ~ SIMMS ACIC14OWLEDOMENT COf1NTT o1 ' broomR Lff, M toMnlfnµ ■ N" Tebot b, aM fn fald tmly fad tbfA w Thu 6y Poem,"-eyWd • ltw in m to be tM „Penn whew MM wbwrU4 to the fe"fninf huinmml, and uh"ldred to are WY b name the fame far the Parfeeu W nmldentl" IbeMs apwmA cITtM L'NDlfif YT BAND AND 9ZAL Or arrlCt this the day or . A. D. IK Ileum Nb4k to ed for Coantr, Texas STATE Or TEXAS.r-7O-T-NT ACXNOWLEDG.MENT FOR HUSBAND AND WIFE CoflN" or ~J..zz:z' tCrOAE Yf, the nnf.rer fw4 f Nobly 11hSe ho ud for sold eaany W t4fa, ea thl. day p"oaa0y oppearod h4 i! ' both hntwa to Noo 1 %4 the Q0.' f utiv onsae whore aamw sro nbetr166 To the fontdnP butroma,R ed uheawldf" to ma OT Y47 Okla exacalool the same fa the Form" W nowdmUen Iha"4 ay.aeef, saL'tho saw f .10 „ tcl 99°.^^ie~-a~ wife of the t taro" 1f"°~"ed b/w1~ .ilf W apvt tram her Yaobon4 Oknd he.fnf tM Yme hR) "Plain" to W' OkM. theme, "Id . V '1i''~'O , ae hne.ldj" "d hula nt to be Mr eel and deed, Lid 1hi 4141.8"1 that tbt had willlnd}f flr:nrd the same far the Poryaen W ewuidentlon Ih4wo noM1aetd, and Thal ohf dal'eof oeia► to "troll IL oiVSN VNDCR YT NAND' AND PEAL Or Ory7tZ this %%No /Ill 6f ✓f4',41-'~J A. D. fd/ Caanlf, Taut P CSITVICATt or moury Two STAN IY TUAf I LA7.RARNM,CImYof6oOmt7CnwLb OkdlotWM To, Coven or Dflermt r do hereby OITWy tbot Oe Irteydaf IrWmeol el nfd,t, with to wedfinto at aotMnUAatln wee flyd "Morally ayfta"d lot need Us-4th-der of -AlgA. D. Its. x . 1 12 150 ✓ehoek_E_Y, ed me a w We Pence uma for the Pvr. duly need" the2L_da7 of .dept A. D. 115 , fL.UJIMelseY A- Y. If Tduma.j81__yga d9i lbe Dssd __R.nde i Datar. cagy, Taus. W ltwm my had and eW i efber at D"I.a, 7oay W day and Okla loaf abort wrfun. , A. D. f II . S. J. SkIl 1T' V CMY ad W C ~r GvL Dw W Cw, Trtae Cwn ty, Tuna II I ~Z Ill Q al ~ r~ N • t w °o .oc d,I1 ` 0 O aU m O N -V 3-o e • Planning and Zoning Minutes July 23, 1997 Page 8 come in and I was reviewing the letters that were sent in and the letters in opposition, for the commissioners information, were faxed in and it shows July 15th the day before the meeting was held and I was just going to ask you if you could confirm that they were received by your staff prior to the meeting. Ms. Bateman: Yes, all responses in opposition that we received were received prior to our neighborhood meeting. They had the option also to pull their opposition, but that has to be done in writing also and since we did not receive any it still stands. Mr. Moreno: But they had no further comment as far as being in favor of or opposed..... Ms. Bateman: Right, they just let that remain as their comments. Mr. Hill: Did they attend the meeting? Ms. Bateman: Yes. Ms. Schertz: And they were made aware that the meeting was tonight if they wanted to make any further comments or talk about it. Ms. Bateman: Yes. Ms. Schertz: Thank you. Do 1 have any other questions of staff? Seeing none I will entertain a motion. Ms. Apple: I move we recommend approval of Z-97-018. Mr. Moreno: Second. Ms. Schertz: Is there any discussion? Seeing none. All in favor raise your right hand. Motion passes unanimously. (7-0) VIII. Consider easement abandonment of electric transmission power lines of Skyfab Addition. A Ms. Schertz: Mr. Salmon will address this issue. Mr. Salmon: Madam Chair and members of the Commission, David Arthur, President of Skyfab has requested that the City of Denton abandon an electric easement that diagonals his property down on Teasley Lane almost into the City of Corinth. As you can see on • the site map its located on the south side of Teasley Lane after it makes the big bend there I~ O A right before Hickory Creek Mobile Home Park. Skyfab currently has a facility there. From what I understand they are going to add a rather sizeable addition to their addition and employ some additional people. In order to do that they would like to have an easement abandoned so they can expand their building. Of course, as we always do when someone request an easement be abandoned we contact all of our local utility companies and city departments that may be concerned with the particular easement to make sure, to 4-a • • Planning and Zoning Minutes July 23, 1997 Page 9 find out if there are any facilities in the easement, whether they can be abandoned or not and if there are no facilities in the easement if there is any anticipated use of that easement. In this case the subject easement is highlighted in blue. It is an old easement that was owned originally by Brazos Electric Utility and the City of Denton Electric Utilities purchased Brazos equipment many years ago and so now of course it is a City of Der:on easement. According to our Electric Utility Department they have no intention of using the easement and there is nothing in there now that anyone is using. Staff would recommend that the easement be abandoned so that Skyfab, Incorporated can make their addition. I would be glad to answer any questions. Ms. Schertz: Any questions? Mr. Engelbrecht: David, how large is this piece of property? How much easement? Mr. Salmon: I don't know if we have computed how many square feet it is. Mr. Engelbrecht: Any idea? I didn't mean to put you on the spot. Mr. Salmon: Unfortunately, it is not dimensioned on this drawing. It would appear to me that its in the range of about 20 or 25 feet wide and probably in the range of maybe 600 feet long. Ms. Schertz: Any further questions? Thank you. At this time I would entertain a motion please. Mr. Engelbrecht: Madam Chair I move approval. Ms. Gamer: Second. Ms. Schertz: Any discussion? Seeing no further discussion. All in favor of the motion made, please raise your right hand. All opposed. Motion carries unanimously. (7-0) IX. City Council Action. a. Bent Creek Estates. b. Wind River Estates. i Ms. Schettz: I will ask Mr. Hill to address the City Council Action. Mr. Hill: Again this is the second time we've done this and if you like the way this is • working we will continue. This is simply a briefing to let you know what has happened with some decisions that have come from P&Z and how City Council decided to vote on 0 O them. Bent Creek Estates was continued or actually tabled at the July 1st meeting with a request for several items to be looked at in further detail. Janong those being transportation impacts or traffic analysis, utilities, park dedication, tree preservation and the possible or side request that the legal department look at a moratorium on development. When it came back to the City Council on July 15th, the information that staff provided 4-b • 0 7 7 7 1 • • Agenda No- Agenda Ito Irate RESOLUTION NO. A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 16, 1497; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, to facilitate various staff members attendance of an important conference, the City Council deems it in the public interest that the regular Council meeting of the City of Denton, Texas, scheduled for September 16, 1997, be canceled; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the regular City Council meeting of September 16, 1997 is hereby canceled. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I • • Agenda No,,.,_ ~7- 03 7 Agenda Item CITY OF DENTON,_TEXAS______ e1 rr nrur 21 LL McXIuucY pFNTnN rx AML (9401349.8200 DFW METRO (972) 434.2529 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Kathy DuBose, Assistant City Manager of Finance DATE: August 15,1997 SUBJECT: Resolution for Early Payoff of Lease RECOMMENDATION Public Utility Board recommends approval of a resolution for early payoff of the Service Center and Warehouse leases. SUMMARY: On November 18, 1980, the City Council approved a resolution for the funding of construction of the City's Service Center and Warehouse. Funds were provided by Electric operating funds and Water/Waste Water bond funds. Review by the Internal Auditor produced a recommendation for early payoff of the associated lease to allow incorporation of a reduction in the Warehouse service charge in the 97-98 budget. • The Warehouse is currently an Internal Service Fund and is funded by a surcharge. This allows the Warehouse to allocate costs to those who use its services. It was recommended that Warehouse payoff the remaining lease amount due to the Electric Fund, based on the 1980 resolution, in the current year. This allows the surcharge for the 1997.98 budget year to be reduced by 2%. This reduction diminishes the cost of goods to all departments. This payoff requires the Warehouse Fund payment of the current year lease amount of $73,293 and an additional amount of $80,757 0 • which is available in the Warehouse fund balance and budgeted for 1997.98. The General Fund requires a payment of $4,896. The Electric Fund allotment of $180,842 will be retained in the Electric Fund, so as to not require Electric to pay itself. "Lhdica rod to paallq Service" 1 e The Service Center Office payments will be completed with the payment of $28,306 by the General Fund in the current year. Future costs of maintaining the building for normal maintenance, repair, and renovation costs will be allocated to departments based on their pro rata square footage use of the building. Therefore, departments benefiting from the use of the building will be supporting the maintenance and general upkeep of the building. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: All city departments will be affected. FISCAL IMPACT: Early payoff of lease and reduction of service charge on warehouse sales. Respectfully submitted: Ted 8enavides City Manager Prepared by: ! L SE- Kathylluse Assistant City Manager of Finance i Attachments: 1. Summary of Payoff 2. Cost Allocation 3. Resolution - 0 4. 1980 Resolution KD:cr AFF0073E a 4• • • Attachment 1 WAREHOUSE AND SERVICE CENTER LEASE SUMMARY OF PAYOFF Amount Due: Warehouse (1) Service Center Calculated Receivable $ 19542,846 $ 19055,558 Payments to Date (1.292,890) (1.118,492.) Underpaid/(Overpaid) 249,956 (629934) Maintenance 89.832 91.24(1 j Underpaid/(Overpaid) S 339.788 S 28,306 Payoff: General Fund $ 418% $ 289306 Electric 180,842 Warehouse Budget 1997 73,293 Budget 1998 80.757 C ,1;39.788 S 28.306 (1) Payoff allows a 2% reduction in Warehouse service charges. • s • Attachment 2 Service Center Office Cost Allocation Costs Included in Allocation ----_-~Y_ Cost Amount - ~ ==~sa= - - ._~~T Maintenance $47,000 Management $8,000 Janitorial Costs $24,000 Utilities - Gas, Elec., Water, WlW, Sl $93,000 TQTAI. $172,000 I Allocation is based on square footage usage 1 J • • ~,:cts ~ acs ~sv.-. uu ass Attachment 3 RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 4866 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVED NOVEMBER 18, 1980 PERTAINING TO THE FUNDING OF THE CITY WAREHOUSE AND SERVICE CENTER FACILITIES; APPROVING THE TNTRAGOVERNMENTAL ALLOCATION, TRANSFER, AND PAYMENT OF CITY FUNDS BY THE CITY MANAGER IN ORDER TO ACCOMPLISH THE ACCELERATED PAYOFF OF ANNUAL LEASE FEE OBLIGATIONS OWING TO THE CITY ELECTRIC DEPARTMENT FUND; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 1960 the City Council of the City of Denton, Texas passed and approved Resolution No. 4866 (the "Resolu- tion") which provided for the funding of a new City Warehouse and Service Center facility for the Electric, Water, Sewer, and certain General Government Departments; said Resolution specified that the source of funding for the Warehouse Facility was the Electric Department Fund and that the asset value of the Warehouse Facility would be regarded as an asset of the Electric Department; said Resolution further specified that the source of funding for the Service Center facility would be from the Water and Sewer Depart- ment Bond Fund and from the Electric Department Fund; said Resolution specified that annual lease fee payments were to be paid to the Electric Department by other departments of the City of Denton who use the Warehouse and the Service Center facilities based upon the square footage of space utilized in'said facilities; and WHEREAS, the City desires to provide for an accelerated payoff of the obligations arising under the above-referenced Resolution by certain City departments to the Electric Department, and proposes to accomplish such payoff by means of an intragovernmental allocation, transfer, and payment of funds at the present time, rather than paying said annual lease fee obligations over the final five years of the obligation; and i WHEREAS, the Executive Director of Finance of the City of Denton and the City Auditor have determined that in order to accomplish the accelerated payoff and full payment of the annual • lease fee obligations owing under the Resolution, that the following payments are required as of October 1, 1997: (1) That the City Warehouse Fund owes the Electric Department Fund the additional sum of $80,757.00 after, and in addition to the payment of the 1997 budgeted annual lease fee payment in the amount of $73,293.00; and (2) that the City's General Fund owes the Electric Department Fund the sum of $28,306.00; and ® WHEREAS, that upon payment of the funds to the Electric ® O Department Fund as specified hereinabove, Resolution No. 4866 of November 16, 1980 re--°erred to hereinabove, is hereby superseded and amended to the extent modified by this resolution; and I j ' WHEREAS, that the City Council deems it to be in the public interest to approve the intragovernmental allocation, transfer and payment of funds as set forth hereinabove; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ,PECTSON 1. That the significant recitations set forth hereinabove are true and correct, and that the City Council hereby approves the intragovernmental allocation, transfer and payment of City funds to the City of Denton Electric Department Fund in full payment of the annual lease fee obligations contained in the Resolution. SECTION II. That the City Manager is hereby autho;~iaed to effectuate the intragovernmental allocation, transfer and payment of City funds as set forth hereinabove to complete the accelerated payoff of the annual lease fee obligations arising pursuant to Resolution No. 4866, passed and approved on November 18, 1980 respecting the funding and use of the Warehouse and Service Center facilities of the City of Denton, Texas. SECTION III. That Resolution No. 4866, passed and approved on November 18, 1960 referenced hereinabove is hereby superseded and amended to the extent modified by this resolution. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: l APPROVED AS TO LEGAL FORM; HERBERT L. PROUT'Y, CITY ATTCRNEY BY: : ~n~.._...._,... ~...K.w.v - • • Attachment 4 R E S O L U T I O N WHEREAS, the City of Denton is in need of a new City Warehouse and Service Center Facility for the Electric, Water, Sewer, and certain General Government Departments; and i WHEREAS, bids have been received for such facility which list a cost of $566,780.00 for the Warehouse and a cost of approximately $1,549,720.00 for tho Service Center; and WHEREAS, it is necessary to specify a source of funding for such facilitEes; NOW, THEREFORE, BE IT ABSOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. rho source of funds for the Warehouse, estimated to be $566,760.00, shall be from the Electric Department Fund, and the asset value of the Warehous; shall be regarded as an asset of the Electric Department. . 2. All other departments using the Warehouse shall pay to the Electric Department an annual lease fee based on: (a) Each department's square footage use of the Warehouse floor space. Common and unused space shall be apportioned on a pro rata basis to all using departments. (b) A charge equal to a constant annual amortization payment- utilizing a twenty (20) year payout and an interest rate of eight (8) per cent per annum (estimated to be $2.89-per square foot per year), j plus; (c) An additional charge per square foot equal to six (6) per cent of the undepreciated capital cost of the facility. This charge is used to pay the Electric Department's annual six (6) per cent return on investment paid to the City of Denton (estimated to be initially $1.70 per square foot ~i per year); provided, however, that the percentage rate for such additional charge shall remain at the same percentage rate as the City Council annually establishes for the Electric Department's return on investment payment to the City of Denton. 3. The source of funding for the Service Center facility, estimated to be $1,549,720.00, shall be from the Water and • I Sewer Bond Fund and the Electric Fund. The Water and Sewer Bond Fund shall provide capital funds for the proportionate share of area that will be specifically utilized by the Water ! and Sewer Department, plus a pro rata share of the common areas and other associated deveinpment costs, estimated to be $393,215.00, and the asset v;fue of this proportionate share of i the Service Center shall :e regarded as an asset of the Water and Sewer Departmer.t. • The Electric Department Fund shall provide the capital • • J funds for the remaining amount estimated to be $1,IS6,50S.00, and the asset value of this proportionate share of the Service Center shall be regarded as an asset of the Electric Department. 4. Departments other than the Utility Department shall pay to the Electric Department an annual lease fee for office space based on the square footage used, including a pro rata share of the common areas. The charges shall be calculated in a similar manner to 2(a) and 2(b) listed herein. 7 1 i r . 5. Maintenance and operation expenses shall be charged to the using departments on an equitable pro rata basis. 6. Actual costs and annual lease fees shall be based on final as-built construction costs. PASSED AND APPROVED this the _Z'L day of 980. ATTEST: MOUXS HOLT CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: , I I i ~ I { • ~ I i f • • i C~,",... Agenda No._~L 3 7 Apanda Item Data i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF THE CLAIM OF JEANETTE M. HARRISON IN AN AMOUNT NOT TO EXCEED $699.75; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT, SUBJECT TO THE EXECUTION OF A RELEASE OF CLAIM APPROVED AS TO FORM BY THE CITY ATTORNEY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the claim for refund of Jeanette M. Harrison was submitted against the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton, Texas believes that it is in the best interest of the City to compromise and settle the refund claim in an amount not to exceed $699.75 to avoid the costs and uncertainties of potential litigation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the proposed compromise and settlement of the refund claim of Jeanette M. Harrison in an amount not to exceed $69B.75 is hereby ratified and approved, subject to final execution of a release of claim by Jeanette M. Harrison, in a form approved by the City Attorney. SECTION II. That the City Manager is hereby authorized to act on the City's behalf in paying the settlement obligations authorized herein. SECTION III. That this ordinance'shali become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1997. • ' r JACK MILLER, MAYOR r ATTEST: • JENNIFE 2 WALTERS, CITY SECRETARY ` • 0 BY; C • • t 1' ♦6, 1 • r • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY f rl ' BY: 1R i i K • • PAGE2 z~! • • Agenda Ne. Agenda Item A Date ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING SETTLEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN THE CLAIM OF CONSTANCE TETREAULT, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF MICHELLE JIMENO AND AS NEXT FRIEND OF HILLARY ISENHOWER, ASHLEY HESBACKER AND TYLER SHAEFFER, CHILDREN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; Alves DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Compromise Settlement Agreement in the claim of Constance Tetreault, providing for the settlement in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) in substantial accordance with the terms of a Compromise Settlement Release of All Claims, executed in a form to be approved by the City Attorney; and SECTION II. That the City Manager is authorized to make the expenditures as set forth in this ordinance. SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997. I JACK MILLER, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY r f Page I i` x • • i r 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 mm. • ~ r.-'~." • 1111. ° ' , F • xr . ,u. "~:R.~~.;:il~.:f•S.;A;iN.Iu IS ~y':44.:.TC6fY'f1a44'RdAtie10.M4'Y44.XWWV.aI~r/L'Mi+.tvtwnws*aaw+rt "....-r.--..-...r . Agenda iJp.,` 1-63 Agenda Item Date - I CITY OF DENTON TEXAS 11UN1CiPAL BUlLDlNQ DENTON, TEXAS 76201 TELEPHONE 817.566.8309 Office of the City Secretary MEMORANDUM DATE: August 15, 1997 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/COmmisaion vacancies/nominations: Keep Denton Beautiful Board - Fred Patterson is unable to serve. This is a nomination for Council Member Cochran. Information Services Advisory Board - Council Member Kristoferson has nominated Jim Kuykendall. Community Development Advisory Committee - Council Member Young has nominated Harry Bell. If you require any further information, please let me know. ,ten r a ers Ci ecret ry • ACCOOON . 'Dedicated to Quality Semite" 4 • • :r 1 n MND FILE • f f ' f r I • r•4. IJ 1