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HomeMy WebLinkAbout10-07-1997 + city Council , Agenda Packet October 7, 1997 s .t + 1 rye ~ r • ......_srsws. fi 1,'~.'.57~,"' '.~t~~:n A1~~ h,i i, •~c„3 i ! ~ 4~ AGENDA ApMd~ Ye. ` 7^ CITY OF DENTON CITY COUNCIL Agin& Item October 7, 1997 Oata Id'7- " After determining that a quorum is present and convening in an open meeting, the City Council will convene in a closed meeting of the City of Denton City Council on Tuesday, October 7, 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: 1. Closed Meeting; A. Consultation with Attomey-Under TEX. GOVT. CODE Sec. 551.071 1. Consider and discuss settlement of Joei Darnell Patton and Nelda Jean Patton v. The Cky of Paris. ft City of Denton, and the City of Corsicana civil action number 3:96cv66 filed in the United States District Court, Eastern District of Texas, alleging violationof civil rights. B. Conference with Employees -Urider TEX. GOVT. 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. C. Deliberations concerning Real Property-Under TEX. GOVT. CODE Sec. 551.072 1. Consider and discuss a possible teal estate agreement with Denton Independent School District for property located north of Loop 288 between Sherman Drive and Stuart Road. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS FIELD IN COMPLIANCE WITH TEX. GOV'T CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOVT CODE SEC. 551.001, FT 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. October 7, at 7:00 p.m. In the Central Jury Room of the Denton Munkipal Complex, 601 E, Hickory Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance • A. U.S, Flag • • B. Texas Flag 'Honor the Texas Flag • I pledge allegiance to thee, Texas, one and indivisible.' , l 2. Consider approval of the minutes of July I and July 8, 1997. • • f City of Denton City Council Agenda October 7, 1997 Page 2 PRESENT AT IONSIAW ARDS 3. Proclamations 4. Presentationby Electric employees regarding informationabout electric services. 5. Presentationof winners of D[SD "Kid Vid Contest". 6. October Yard of the Month Awards CITIZENREPfTS 7. Receive a citizen report from Dessie Goodson regarding defining one's constitutional rights. 8. Receive a citizen report from Nell Lights Yeldell regarding a problem with the drainage ditch located on Prairie Street and more police protection for the area. 9. Receive a citizen report from Ross Melton, Jr, regarding streetlights, billboards, and attorney-client privileges. 10],SF. EXCEPTIONS 10. Consider a request for an exception to the noise ordinance for the construction of a Kingdom Hall of Jehovah's Witnesses at 610 W. Windsor October 16-19 and October 23- 27, 1997. 11. Contsidcr a request for an exception to the raise ordinance for a Tent Revival in the Civic Center Park on Sunday October 12 and 19, 1997 from 7:00 p.m. - 9:00 p.m. 12, Consider a request for an exception to the noise ordinance for a benefit concert sponsored by Trinity Presbyterian Church on Sunday, October 19, 1997 from 12:00 noon until 5:00 p.m. at the North Texas State Fairgrounds Fair Hall. • P1tFL1~1~1'fAlilrl~S 13. Hold a public bearing and consider an ordinance providing for a change in zoning from Single Family-7 zoning district classification and use designationto MultiFamilyl zoning district classification and use designation with conditions (MF-l{c]) for 2.138 acres of land located on the east side of Bernard at Greenlee. (The Planning and Zoning Commission recommends approval 6-0) t • • • 14. Hold a public hearing and consider an ordinance regarding amending Chapter 33 'Signs and Advertising Devices' of the Code of Ordinances relating to the prohibition of off- premises slgns within the City of Denton and both off-premises signs and portable signs within the extratenitorialjurisdiction of the City of Denton and amending regulations applicable to nonconforming signs. , • City of Denton City Council Agenda October 7, 1997 Page 3 CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the. Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda itents 15-18). 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 15.18 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. 15, Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (PC 978176 - Integrated Computer Systems, Inc.) 16. Consider adoption of an ordinance authorizing the City Manager to enter into a professional services contract with Ilalff Associates, Inc. to provide professional engineering services for the Denton Rail-Trail Project. (RFSP #2016) 17. Consider approval of a resolution to declare the intent to reimburse expenditures for technology equipment and %ftware with certificates of obligation, 18. Consider approval of a resolution approving a proposal by the Denton Central Appraisal District for the expansion and renovation of the premises in which the Denton Central Appraisal District offices and facilities are located. • ITEMS FOR INDIVIDUAL CONSIDERATION 19. Consider adoption of an ordinance amending Section 8-162 "Access Channels" of Chapter 8 of the Code of Ordinances to allow public access channel rules to be developed by the cable operator and to delegate to the cable operator the authority to adminlsterand oversee these publh access rules. 20. Consider approval of a resolution amending Resolution No. R94-072 adopting cable television public access rules. 21. Consider adoption of an ordinance approving a consolidation amendment of the Economic Development Program Agreement between the City of Denton and the Denton Chamber of Commerce providing for a program to promote economic development. • • fir,..-....-..__-. • r • City of Denton City Council Agenda October 7, 1997 Page 4 22. Consider approval of a resolution nominating a member(s) to the Board of Directors of the Denton Central Appraisal District. 23. Consider approval of a resolution authorizing the City Council to hold a join' meeting with the D1SD at a location away Pom City Hall. 24. Consider approval of an ordinance amending the membership requirement for the Airport Advisory Board. 25. Consider nominationsfappointmcrus to the City's Boards and Commissions. 26. Miscellaneous matters from the City Manager. 27. New Business This item provides a section for Council Members to suggest items for future agendas. 28. Possible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. ' 29. Official Actioa on Closed Meeting items held under Section 551-071-551.085 of the Texas Open Meetings Act, f I CERTIFICATE I certify that the above notice of meeting was posted or, 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 OF 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. C urrnl. I0p'47.6x • • Agunda No. '7 CITY OF DENTON CITY COUNCIL MINUTES Agenda Itt , Juh, 1, 1997 Data After determine that a guomm was present and converting in an open meeting, the City Cound converted in a elo:ed meeting on Tuesday, July 1, 1997 at 5:45 p m. in the Police Department Conference Room c( the Denton Municipal Complex, 601 E, Hickory, Denton, Texas, at w6ch the following items wen; considered: PP.ESENT: Mayor Miller; Mayor Pro Tan Brock; Council Members Beasley, Kristofessoo, Cochran, Durrance, and Young, ABSENT: None A. Cortsultation with Attorney under TEX. GOVT CODE Sec. 55 [.071. I. 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 GOVT CODE Sec 551.075. The Council received information from employees or questioned employm during a staff conference or briefing, but did not deliberate during the conference. ` The Council convened into a Regular Meeting on Tuesday, July 1, 1997 at 7:00 p m. in the Jury Selection Room of the Denton Municipal Complex, 601 East 1 kkory, Demon, Tom PRESENT: Mayor Miller, Mayor Pro Tern Brock; Council Members Beasky, Kristoferson, Cochran, Durrance, and Young ABSENT: None 1, Pledge of Atlegia The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 1 CITI' F.N REMM • 2 The Council received a report from Ah AI-Khafaji regarding discrimination against Arabian- Americans in the City of Denton Mr. AI-Khafaii stated that he owned his own business in the City and was being harassed by City ' employees. He had discussed this problem with the City Manager, He owned imestment property on Highway 380 which used to be a wrecking yard but now was specializing in the rehabilitation of • vehicles which he bought in Dallas Cars were brought in behind a fence and were not out in open • 1 view. One City Inspector asked him to move these cus as the property was not zoned for thm purpose `J which he disagreed with. He remodeled one of the building. there which had been condemned and complied with City ord'utances. He also owned a piece of property on the omw of Teasley Lane and I Dallas Drive. -1 o" 00 Company had a long term lease on that property and was wMing to put improvements on the property. They were willing to put $600,000 worth of improv nw" but have had a six month delay and hard time with the City. On another piece of propaty the City broke We a 1' • • City of Denton City Council Mnutes July 1, 1997 Page 2 fence and mowed the grass which it did not need. He had someone mow that property. He had been double charged for utility service on Dallas Drive for the Past ten years. He had been offered a two year refund but the double billing had been for more years than that. He also had three acres on Dallas Drive and Teasley Lane on which he wanted to construct a building The City told him that if he gave the City an eastmwR for the water Bow he could have the permits. After he did that, the City told him to improve the easement at a cost of $123,000. He took thAt to court and the jury agreed with him but the Judge overruled that decision. His attorney had discovered that Sunbunt and Wwdhil) Apartments had paid the City $125,000 each for the creek on the project. That money &sappeared from the City. Council Member Young asked for the address of the property which was not zoned proJerty. AI-Khafaji stated that the address was 3603 E. University beside the Chevron Station. Council Member Young asked about the construction on Dallas Drive and Duncan. At-Khafaji stated that Te w had spent half of the original amoum on renovation rather than the hill amount due to too many objections. Council Member Young requested that the City Manager investigate all aBWtions es*&Uy the double payment of utilities. 3. The Council received a report from Ross Mehon regarding trial by jury and se1ons of the City Attorney. Mr. Melton stated that he had two lawsuits against Ot City and the City Attorney's office relating to implementation of the city's trash ordinance, In Denton there was no true trial by jury. Lawyers had s license which was freedom without resporwNlity. With the dismissal of his Lawsuit in Shermtn, it was indicated that there were no rights in municipal court, The Council did not follow the ConOution and rights. The City Attorney had a secrecy Gd over Code Enforcement with regards to who received letters from the City. The citizens d not hear what the legal advice was from the City Attorney. He felt that he was cons4dered a nuisam L coming to Council so much. PROCLAMATION SLAW ARDS 4. Keep Demon Beautifil Yard of the Month Awards Mayor Miller presented the following awards: , Residential - Sam & Nely Fleming t • John & Bettee Andrews 1 • Lou & Louise Knfl Francim Lancaster Business - Northwood Gerdes Downtown - Allstate - Gene and Amy r1w may i5 . r City of Denton City Council Minutes July 1, 1997 Page 3 PUBLIC HEARINGS 5. The Council held a public hewing and considered an ordinance approving a revised detailed plan for 70.654 acres in Plus ed Development 35 (PD-35). The subject property was located between U.S. 377 (Fort Worth Drive) and F.M. 1830 (Courdry Club Road), approximately 1,700 feet south of Hobson Lane. (Planning and Zoning Commission recorrvnended approval 5-0) David Hill, Director of Planning and Development, stated that this was a zoning proposal for a detailed plan for PD-35. Tne property was located between Highway 311 and EM. 1830. The public notice requirements were send out with no responses either positive or negative. The Planting and Zoning Convdmsion did have some indivkd spealr at the public hearing The property was aurentty vacant with no planirsg. Several public improvements would be requvod inchdir>g newer service and an extension of a 12" water fine. No traffic study had been done at this point in the proposal as those were rexmally done when the platting was submitted. PD-35 was previously approved in 1982 as a pWuxd development with a combination of Sir & family, duplexes, muhi famu7y apartments and fow. plex units. The total number of units possibk was up to 347 dwelling units, There was a variable of the number units based on the number of bedrooms boated in the mu&fIsr* apartmerds. The applicant had asked for a change in the planned deve4oprrw4 with the property configuration remaining the same. The existing and approved planteed devebpme t had five points where local streets would connect with County Chub Road and one on Highway 377, The proposed revision would be a eLl-de- 11 sac with two points of ingress/egress into the sub&ision and one on Fort Worth Drive. The numba f of units would change with 301 single family detached units on a minimum of 5,000 S*we foot lob and Shoat quadraplexes for a total of 60 units. The total n +mber of units would be 361 units which was an increase from 347 units, Intensity was at 78°/.. Why there were trees baled on the site, nary would be saved. The Planning and Zoning Commission recommended approval of the proposal. Council Member Beasky stated that this was not a zoning can as a planned development had already been approved on the site. Hill stated correct that the aWiant was seeking to change the detained plat for the planted development. Council Member Beasley stated that the applicant could have used the current approved plan. • Hill replied correct. N i Couna7 Member Young asked if the proposal complied with the Denton Development Plan. Hill replied yes. i • Council Member Young asked if gran space would be donated by the developer. ~ ~ • Hill replied no. , i . • .s,:..r 1' , J4.~ t z t•~a eel a=~3~r. 7i ±L t:4 {SSA ~'tJ ~`1• • • City of Denton City Council Minutes July I, 1997 Page 4 Council Member Durrance stated that the property was platted in 1981 and the planned development was done at that time. Hill replied no that the planned development was not developed and the property was vacant today. The planned development was processed in 1981 but never buih. Council Member Durrance asked if the planned development was ever withdrawn. H'dl replied not to his knowledge Council Member Cochran asked for the number of acres of property which were in mold-fan ily in the original plat , :rsus the proposed plan. Hill stated that the total site was 70 acres, The original plat had approximately 30 acres in n whi-family while the propo sod plat had approximately 10 acres. Council Member Cochran asked about the average size of the single family lots in the original plat versus the proposed plan I Iill replied approximately a 6,000.7,000 square foot range, Council Member KrWoferson stated that the plat map indicated the minimum size was 5,400 square feet with most of the lots adjacent to 8,000-8,S00 square foot lots on Highway 1830. She asked what the traffic tow study determined in regards to the necessity for turn lanes. Hill stated that some traffic counts were done for Highway 1830 which indicated a level of service C which was a minimum to work with with a capacity of 10,000 trips. From the site north, it was estimated that W1e of the traffic would go north to the City which would bring the traffic to 6,739 trips As k proceeded north of Hobson lute and combined with that traffic, the number would be 7,884 trips which was within the 10,000 capacity. Traffic counts for Ft. Worth Drive indicated an estimated capacity of 15,000 vehicles per day and to keep a level of service c, there was an existing 10,062 count south of the intersection at Country Club and with the new development there would be approximately 11,819 trips. Travelling north at the iraersection of Fort Worth Drive and Courkry Chib Road, the number went to 20,282 When combined with the new development 4 would be 22,039. • Normally traffic impact rWysLs was not done during the zoning phase but rather was done during the platting Probable improvements at the time of planing would be a required left-hand turn lane and i right hand deceleration lane tumirng into the site. A detertninunon would be Made for the intersection of Country Club Road and Fort Worth Drive as h was not currently signalized. Cow.il Member Kristofetson stated that it wu aLrady a "C" and any future developm night • change that to a "D". This was a traffic count taken during the day in the summer when the school • • traffic was not taken into account. }rill stated that for lack of any data, one traffic count was done. Traffic counts were usually taken over a period of time at different times of the season in order to take into account any seasonal situations. This was only a rough guide. • • City of Denton City Council Minutes ]u}y 1, 1997 Page S Council Member Kristoferson stated thal the homeowners association would maintain the buffer trees on Highway 377. Who would be respons►ble for the trees until the association was formed and where would the money come from. HU statod that until the property was transferred, the devcioper would be respons~Ne. The City had a standard homeowners agreement Ach would cotes those concerns. The association would be part of the contract of purchase. Council Member Young feh that it appeared that more trees would be planted flan what caaewiy was there. Bill staled that it appeared that there would be one tree for each quad lot. Council Member Young asked if the proposal met the development requirements of Charter and the Denton Development Plan Hip staled that it was ornuistert with the Denton Development Plan and within the confines of the Charter. Council Memba Durrance asked if the plan had changed since 1981. NO stated that there were no changes since 1981. The Mayor opened the public hearinng Doyle Cameron stated that the original zoning was for 93 apartments, 40 units of fo Im 66 units of duplex for 209 units which were multi-family all in one grouping The new conliguretion tried to disperse the density over the complete site. A ma}ority of the lots were 7,300 square foot W. The overall project was enhanced from the nurent plarured develoPm>ent in place. He was auretly buUding in various cities In the surrounding area. Council Member Young askec: for the average price range of the homes. Cameron stated that he did not know at this point in time. The project would start with Phase 1 which • world take 4-5 years to complete if the market did not go down. Council Member Young asked about the number of trees which would have to be removed. Cameron stated that all of the trees on Kghway 377 would be kept. Far more trees would be replaced than removed. ti Coundl Member Young asked if any kind of play area would be provided for chi[ldran. y • City of Denton City Council Minutes July 1, 1997 Page 6 Cameron stated that there would be open space allocated for the end of the project. This was a standard residential subdivision with no special park/recreation areas. A homeowners association would maintain the trees and entrance after 66% completion of the project. Council Member Cochran stated that the natural area along Rghway 377 would not be a play area as it was on a busy street. Cameron stated that it would be fenced on both sides of the Property. Jane Stapler stated that she had spoken ra the Planning and Zoning Commission and would object to the proposal until further items were improved in the area Her number one priority was the t~lf5e problem on lUghway 1830. The sewer line was already at capacity twice a day and this proposal would reduce additional capacities. There were trees all around in the area rather than only the few trees as indicated. She did not understand why the smaller lots were on the south side as there wire pastures in that area and the larger lots could have been placed there. There would also be no play areas in the development for children M.C. Birch stated that the sewer fine would not be able to handle the proposed deveopmem. The exit on Highway 377 followed the railroad track through the development. There was also an overpass which would block the vision of those going out on Highway 377. Mr. Cameron was allowed a five minute rebuttal. He indicated that according to the City, the 15" senice line that was there had a capacity of 1,6 million gallons per day and there was every indication that that would be no problem with the sewer line. Tl.. ; would be bringing water 1,800 feet down the line. He had talked with the City regarding tying some oversWng of the sewer fine to another area to help, They were working with the City to maintain adequate sewer and water service. The Mayor closed the public tearing Council Member Young asked if the water line on Newsy 377 would be adequate to handle the development. Bob Nelson, Executive Director for Utilities, stated that staff felt the line was adequate. Council Member Beasley asked if the State would reduce the speed limit on Country Club Road if the proposal was developed. Hill stated that the City could request a review for a signal at that intersection, ' Mayor Pro Tem Brock stated that if there was a problem with sewer service in the area, it would be t • solved by ratepayers across the City. • • Nelson stated that such a project would be in the CIP program in the future. Council Member Young asked about the number of yew for full development of the proposal. Cameror stated that if the development was buds as planned, only 100 lots would be built every two I - .air' • _ -t~ • • City of Denton City Council Minutes July 1, 1997 Page 7 years. This would probably be a five year project or better. Council Member Kristoferson stated that she still had questions about the development. She felt that an adequate traffic safety flow study had not been done. There was no park development allowed for in the proposal plus the Courxxill was beginwV to discuss a Denton Development Plan. Krisloferson motioned, Dui ante seconded to delay consideration until additional clarification on the direction Denton wanted to go was received Mayor Miller stated that a date was needed for the delay, Kristoferson stated that it shadd be delayed until after the Denton Development Plan was cotnpkted and approved sometime in September/October. Council Member Cochran stated that he could see some improvements of the proposed plan over the approved one. There was, however, a vast increase in the number of single family lots with a reduction in the size of the lots. The curb cuts in the new proposal were not on Highway 1330 but all of the smaller lots with a higher density would be On Hghway 1830 which could not handle a lot of traffic. The upgrading of the single-family hones and the higher intensity on the autem end of the property was a concern due to the narrowness of the road. Mayor Pro Tern Brock asked for input from the City Attorney regarding the motion ,delay and if there would be a legal problem to do that. City Attorney Pro~jty stated that there would be no problem but it would have to be done for similar type subdivisions. The Denton Development Plan would impact this subdivision and others. Council Member Young stated that he would be voting against the motion as this development would enhance the area. While the new developmert world create some traffic probkas, it would bring diversity to the area. This was a g-od sound development, met the requirements of the crtrent Denton Development Plan and delaying the proposal was sending out a bad signal to developers that the City did riot want any new development. Not everyone could live in an expensive home. This was only a delay tactic which sent out a bed message to developers • Mayor Miller stated that he would vNe against the motion as he was prepared to nuke a decision regarding the development if the Council did not vrote on the proposal, the planned developtrtertt ! already approved could be developed He felt he had enough information to make a decision at this point in time. Council Member Durance slated that he seconded the motion due to the fad that the initial plan had c' • single family-10 lots and now angle family-5 lots were proposed. He was also cosrcxned about traffic • • in the area vd a lack of green space. The initial plan was done in 1981 with a diffaert type of standards He was concerned about a plan which had been in effed for nary years and now having to chase between one of two plans. t Council Member Beasley asked that ifCouncit delayed this proposal, would all other &-n4merrts have to be delayed. i ; ti.. a,.-r-....~--~• y, r 1 7, _!17 All • • City of Deruon City Council Minutes July 1, 1997 Page 8 City Attorney Prouty stated no, only if there was a simile, subdivision and Council was concerned about the same items. Then Council would have to consider delaying other such proposals. 1 Council Member Beasley asked if a specific time would have to be set to reconsider this item. City Attorney Prouty stated that the Council would have to set a specific time to reconsider the proposal if the Denton Developrnent Plan was not complered by October. City Attorney Prouty stated that when a delay was made, some type of time limit needed to be set. Council Member Beasley stated that the proposed ]clan was better than the first plan in some areas. She suggested considering this proposal in October if the Denton Development Plan was not . completed by that time. In October it would come back to Council Mayor Pro Tem Brock stated that this case renvnded the Council about the urgent need for gran space. There were no standards for such a requirement and she hoped a delay would allow for change in the reduirernends if necessary. Cameron stated that he could not wait until October for a decision on the proposal. It was a problem to put a subdivision on hold. Council Member Young stated that many deveiopm offered to give great space to the City but the park policy would not take pocket parks. The policy would not accept any less than 100 aaea That was why developers were not giving great space. Many developers had oft-ed 5-15 acres but the City would not accept anything less than 100-200 acres which most dev&pers could not do. Thee was a fenced area for children to play in with thii proposal. Mayor Miller asked for City Attorney input regarding the impact of delaying this proposal. Would any zoning case using the Denton Development Plan as a guideline hive to be postponed. City Attorney Prouty stated that that could be the result of this as this proposal was coniwent with the Demon Development Plan except for one area If there was another case like this one which met the Denton Developmcni Plan or had some inconsi tencies, the Council migk warn to c alder delaying • that case also in order to treat similar cases similarly. If there were similar cases and the Denton Developmeni Plan was used as a main guideline, similar or more inconsistent cases, had a preceded for r delaying Mayor Miller stated that the incomstency of this proposal was kwfficierm green space. The proposal was'v c.msten t with a voluntary program established a nnumher of yeah ago. C City Attorney Prouty stated that traffic was also expressed u a concern Mayor Miller asked about implications for fixture taus. City Attorney Prouty stated that when there would be other cases which were consistent or almost consistent with the Denton Destlopment Plan or cases more inooreisterm the Ccunccd might be setting .K .,....,•~-u;..-s .v.-..~•. s-..+as~. .-...ewe..«~-_-..._...~ City of Denton City Council HAdes July 1, 1997 Page 9 a precedent to require delaying of other cases. Council Member Cochran understood that as long as the Council was specific about the aspect of the proposal to which it was objeaing, only those cues, which were simktr, would be - 4 ded. W suggested making the motion more specific. Counstl Member Beasky asked if the proposal could be tabled for this meeting. City Attorney Prouty stated taut the Ccunw could table ft proposal until the next meeting in order to receive input on the implications of a lengthy delay. 4Ynh this case, the basic zoning was already in per. Council Mr *er Beasley asked for a restatement of the motion Council Member KrWoferson stated that her primary concerns deah with a ft & Bow count which did not relkct an adequate usaa»ent of traffic, inadequate green apsce, and revision and a review of the Denton Dev*"mit Plan, She felt it was within reason to delay consideration until there wu a consensus on the direction of development in Denton Mayor Miller stated that the suggestion was tc delay certsideration until after the completion and ~ approval of the Denton Development Plan. Council Member Cochran Mike suggested hxWing a date for consideration Council Member Kristoferson indicated October 1 st. Council Member Cochran asked about the status of the suggestion of Councd Member Beasley to table until the next meeting Mayor Hitler stated that there was a motion already on the floor. Council Member Kristofersost stated that she would be walling to withdraw her motion but her overall feeling was that consideration should be delayed until a development. plan wu in place, which the Council agreed with. She would consider delaying consideration to glow the staff to complete • necessary research to the questions raised. r Mayor Miller stated that the substitute motion was to postpone consideration unW July 15th in order to receive information from staff. Council Member Duraance agreed with the substitute motion for his second. on rol vote to postpone until July lSth for additional information, Beasley "aye", Kristofmon'aye'. Cochran "aye", Durance "aye", Young 'nay', Brock "aye" and Mayor 1►t'iger "ray". Motion carried with a 5.2 vote. ..-.~...,_<_~ca yL~~it~ ~1° ff `~i 4I ~-`yl~l.~i4~Yy, YS a,• • • City of Denton City Council Minutes July 1, 1997 Page 10 VARIANCES 6, The Council considered approval of an exaction variance to Section 34114(17) concerning sidewalks. The 1.977 acre tract was located on the south side of Urrivasity, west of Cindy Lane, (Starting Over Addition) (The Planning and Zoning Commission recommended denial, 6-0, at its meeting on tune 25, 1997,) David Hill, Director for Planning and DevelopmeM stated that the property was located along an area which was relatively undeveloped. The purpose of an exaction variance was to slow a situation in which the burden of the standard would be excessive, In this case, staff did not find that the cost comparison ores sigrOkw tly higher than a normal single family lot. 'there was also the possibility that other unplatted properties in the area would have sidewalks when platted and connection along that frontage. Council Member Young asked about other locations in the area with sidewalks. IN suted that the school did not have it sidewalk but a residence west of the school had a sidewak Council Member Young asked how far that was from Starting Over. Ifiill stated that it was at least two properties removed. Bill Coleman stated that the existing sidewalks on either side of this property were 61A-700 feet away and approximately 1,000 on the other side, Starting Over was requesting an coction variance not so much that they objected to the sidewalk but 4 was an exaction considering what they were doing. The current sidewalks were associated with platting for new coratnsction. This was not a new construction They were having to plat in order to receive a certificate of occupancy. Sarah CAbons stated that the.QrAiA was the only thing preventing them from occupying the house. They wanted to do the sidewalk but right now they had limited funds They wanted to occupy the home to generate feuds to build a sidewalk at a later date. There was only one sidewalk near the property but it was quite a distance from this property. Council Member Kristofason asked when Starting Over would be willing to do the sidewalk. Gibbons stated that it would be six months to a year before they could do the sidewalk. ! . Council Member Young stated that there was a large front ybrd on the property which was fenced, Gibbons stated that there was also a large backyard to play'rn She stated that they needed to occupy • the home in order to receive grant funds. If they had to do the sidewalk before occupying the home, • • they would not have stoney for clients. It would cost more than $1,700 for the sidewalk. Council Member Kristofersort asked what guarantees the City would have that the sidewalk would be built in a year. • i ' r. City of Denton City Council Muxrtes July 1, 1997 Page 11 Hill stated that at times a temporary certificate of ocatpeacy had been used. That however, put staff in a hard position to enforce and act on the inability to install the sidewalk and derry the certificate of occupancy in the future. City Attorney Prouty stated that it would be ddScuh to take away a permit on a issued. Council Member Beasley stated the City was currently building sidewalks with City funds in lou6ons where sidewalks previously were not required. She felt that sidewalks in this area would eventually connect. She questioned if there was a way to delay the requkement of a sidewalk and grant the certificate of occupancy. Hill Gated that once a temporary or permanent certificate of occupancy was allowed, the City would be relying on good faith to fivol the sidewalk. Fill stated that the oonsuhant indicated that perhaps a performance bond could be done. r Councl Member Cochran stated that the situation here was that this was a busy Idghway with no developmerts in the area or stores nearby for walking. Cochran motioned, Young seconded to approve the variance with no stipulation to install a sidewalk at a later date. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Dhurance "riay", Young "nay", Brock "aye" and Mayor Miller "ney". Motion carried with a 4-3 vote. CONSENT AGENDA Brock motioned to approve the Consent Agenda and associated ordinances. Council Member Durance requested that Item 014 be pulled for separate consideration. k Brock motioned, Durrance seconded to approve the Consent Agenda excluding Item #14, On roll vote, Be"ey "aye', Kristoferson "aye", Cochan "aye", D urmwe "aye", Young "aye", Brock "eye" and Mayor Miller "aye". Motion carried unanimously. Council Member Durance asked about Letters received regarding the rate review. • Richard Foster, Public Infortmtion Officer, stated that the resolution only confirmed the formal action J authority taken at the May 20th meeting approving the rates over which the Council had regulatory The rates which the FCC would consider were a differert matter firom these rtes. Durrance motioned, Beasley seconded to approve Consent Agenda Item N14. On roll me, Beasley _ • "aye". Kristoferson 'aye', Cochran "aye", Durance 'aye, Young "nay', Brock "aye" and Mayor • • Miller "aye". Motion carried with a 6.1 vote. 7 N0.97-1 SO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPP[!ES • • City of Denton City Council Minutes July 1, 1997 Page 12 OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid # 2050 - PubGc Officials & Employees Liability Insurancc) 8. NO. 97-181 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AN13 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. (Bid # 2058 Distribution Trudomws) 9. NO. 97-182 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE THIRD AND FOURTH QUARTER 1997 PAYMENTS BY THE CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (P.O. # 75699 - TNRCC) 1 10. N0.97-183 AN ORDINANCE AUTHORIZING TILE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER BETWEEN THE CITY OF DENTON AND DEPARTMENT OF INFORMATION RESOURCES; PROVIDING FOR A DECREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. (P.O. 075355 Department of Information Rcsommrcts) l E. N0.97-184 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER BETWEEN THE CITY OF DENTON AND NTCS, INC. (DENTON); PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. (P.O. #75354 - • NTCS, Inc) 12. NO. 97-185 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE IL • FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF • A STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (P.O. 075700 Hydrolab Corp.) • • r City of Denton City Council Minutes July 1, 1997 Page 13 13. NO. 97-196 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (P.O. #75951 - Bobby Gray) 14. NO. R97-027 A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT MARCUS CABLE ASSOCIATES, L L P. MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT; ESTABLISHING A MAXIMUM HOURLY SERVICE CHARGE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 15. NO. 97-187 AN ORDINANCr APPROVING A CERTIFICATION AGREEMENT BETWEEN I THE CITY OF DENTON AND THE TEXAS WORKFORCE COMMISSION, TO PROVIDE FUNDING FOR SUPPORT AND PROVISION OF CHILD CARE TO ELIGIBLE CLIENTS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFTECTIVE DATE. 16. NO 97-198 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE DAY NURSERY SCHOOL INC., TO PROVIDE FUNDING TO FRED MOORE DAY NURSERY SCHOOL INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN • EFFECTIVE DATE. ' 17 NO. 97-199 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY SCHOOL INC., TO PROVIDE t • FUNDING TO DENTON CITY-COUNTY DAY SCHOOL INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE • EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, 4 fi -.1 • • r City of Deacon city council Minutes July 1, 1997 Page 14 19. NO. 97-190 AN ORDINANCE APPROVING A CERTIFICATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS WORKFORCE COMMISSION, TO PROVIDE FUNDING FOR SUPPORT AND PROVISION OF CHILD CARE TO ELIGIBLE CLIENTS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. ITEMS FOR INDIVIDUAL =MERATION 19. The Council considered adoption of an ordinance authorizing the City Manager to enter into a professional services coMrsct with Teague, Nall and Perkins, Inc. for the design of the stream PEC4 storm drainage improvements and the Ruddell Street bridge and charnel improvements, authorizing the expenditure of fiords therefore. J111 Jordan, Acting Director of Water/Wastewater Engineain& stated that this contract provided for the engineering design for plans for charwi and culvert improvements. Council was briefed on this project in May and the schedule was in accordance with the schedule presented at that time. Approval of this contract would mean that the plans would be ready in approximately three mont[d, ' Council Member Beasky stated that the City was going to engineer the project now so that 4 wm ready when the bond money was available, and mftlr ction Mould be ready to begin. Jordan replied correct. The following ordinance was considered. NO. 97-191 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENMt INTO A PROFESSIONAL SERVICES CONTRACT WITH TEAGUE, NALL AND PERKINS, INC. FOR THE DESIGN OF THE STREAM PEC4 STORM DRAINAGE IMPROVEMENTS AND THE RUDDELL STREET BRIDGE AND • CHANNEL. IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Kristofuwn motioned, Beasley seconded to adopt the ordinance. On tog vote, Beasley "aye", Kristofeson "aye", Cochran 'aye', Durrance 'aye`, Young 'aye', Brock "aye" and Mayor MMer "aye". Motion cartied unanimously. • • • 20. The Council considered adoption of in ordinance of the City of Denton. Texas providing for the establislumt of the schedule of rates in connection with the sale of the City of Demon raw water to the Upper Trinity Regional Water District. • • ! City of Demon City Council Minutes July 1, 1997 Page 15 Bob Nelson, Executive Director for Utilities, stated in 1992 the City entered into a contract to sea surplus water to the Upper Trinity Regional Water District. This was non-firm water to the District and if necessary, there was the option to not provide the water. Council Member Kristoferson asked if the water being purchased could be resold at a higher rate. Nelson replied yes that the District would be reselling the water to Argyk, Flower Mound, etc. City Attorney Prouty stated that this was a wholesale water contract as opposed to a retail contract which meant that Lhe District would be sexing it to other customers. Mayor Miler stated that the District would also be treatvg tha water before k was sold which would add to the cost. The following ordinance was cor6dered. NO. 97-192 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE ESTABLISHMENT OF THE SCHEDULE OF RATES IN CONNECTION WITH THE SALE BY THE CITY OF DENTON OF RAW WATER TO THE UPPER TRINITY REGIONAL WATER DISTRICT; PROVIDING FOR A SEVERABILIT'Y CLAUSE; AND PROVIDING TOR AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "ay'e', Kristoferson "aye", Cochran "aye", Durrance "aye', Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously. 21. The Council considered adoption of an ordinance of the City of Denton, Tou►s, granting, pursuant to Section 20.1 (c) (2) of the Code of Ord'uunces of the City of Demon, Texas, an exception to the amimions imposed by that section with respect to hours of operation of an ampNed loudspeaker system. (Pro Youth Rodeo Association) Veronica Roles, Administrative Assistant, stated that this request was from the Pro Youth Rodeo • Association. Tlms was their art %W evert for which they had requested an exception for the past three years. The Association was requesting a three year exception i The following ordinance was considered: NO. 97-193 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20.1(cx2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS ' IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE. t • r •ti 91 1- - - ~".4 ] f I~ City of Denton City Council ATinutes July 1, 1997 Page 16 Beasley motioned, Young seconded to adopt the ordnance. On roll we, Beasky "aye", Kristofwm "aye", Cochran "aye", Durrance "aye", Young "aye", Brock *aye and mayor Miller "aye". Motion carried unanimously. 22. The Council omsiderod nominatiorWappointmeius to the Gigs Boards and Commissions. The Council made nominations to the Board/Commissions as indicated in the agenda materials. 23. Miscellaneous matters from the City Manager City Manager Benavides updated Council on the upcoming TML Conference in Waco. 24. New Business The following items of New Business were suggested by Council Members for fixture agendas: A. Council Member Kristoferson asked staff to explore the possUity of a rnorstoriuun on zoning issues for a period of time and the legality associated with that moratorium B. Council Member Cochran asked staff to research the possibility of streamdinng the process for appointments to the Historic landmark Commission. C. Cuuncd Member Cochran requested that Council reconsider the allowance for nm-cty residents to be members of the Airport Advisory Board. D. Council Member Cochran asked for a Work. Session item to consider a sample petition and refererdum for referv= for citizens, E. Mayor Pro Ten Brock asked that a staff report regarding the reasoning of the removal of the ducks from the Radisson property be sent to the Deroa Area Neighborbood Association. F. Council Mernber Young stated that there were no Blacks on the Saks Tax Advisory Committee. He had a reconurwdation to appoint Melork Simmons for that board. • G. Council Member Young noted potholes on Angelina Bend and on Rio Grande. 25. The Council did not meet in a continuation of Closed Meeting. ' F 26. There was no official axiom taken on Closed Mewing items discussed under Section 551.071• i - • 551.085 of the Texas Open Meetings Act. • • J With no further business the meeting was ad}oumed at 10.50 p.m. A , . ro,~ City of Denton City Coundl Miimtes July 1, 1997 Page 17 JACK MILLEJt, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC0039F 1 I i 1 1 , • • .Y/~'~~" i.. :r.'~'i• -a~i.1 " t' QCs 3a :h',:f},± r~jk'{'~,yT'iF~ 4 ' !"(e~~13`~ :f~ • • CITY OF DENTON CITY COUNCIL MINUTES July 8, 1997 After determining that a quorum was present and convening in an open meeting, the City Counc1 convened in a closed meeting of the City of Denton City Councr1 on Tuesday, July 8, 1997 at 5:15 p rm in the Police Department Conference Room of the Denton Municipal Complex, 601 E. Hickory, Demon, Texas, at which the following itc t5 were considered: f PRESENT: Mayor Miller, Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran, Durrance, and Young. ABSENT: None 1. Closed Meeting A Consultation with Attorney - Under TEX. GOVT. CODE Sac 551.071 1. Discussed and considered settlement of claim or Sangster and Tetreauh claim growing out of the drowning incident which occurred at Bell and Robertson Streets in November, 19%. B. Conference with Employees - Under TEX. GOVT CODE Sec. 551.015, The Council received information from employees of question employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Work Session on Tuesday, July 8, 1997 at 6:00 p.m, in the Jury Selection Room of the Denton Municipal Cm*x, 601 E. Hickory. PRESENT: Mayor Milky Mayor Pro Tan Brock; Council Members Beasley, Kristorerson, Cochran, Durrance, W Young ABSENT: None 1. The Council received the 1997 Annurl Parks and Recreation Board Report. Doug Chadwick, Chair-Parks and Recreation Board, stated that there were three sections of the report The first section detailed the accornplislvrrents of the Board from October 1995 through April 1997. Several or the more important hems inchided the use of part of South Lakes Park as a middle school • site, involvemem with the Denton Youth Sports Association, strategic planning projects, and CIP projects. The second section dean with anticipated items which would be corning up during the year r such as developing a budget, the Civic Center Master Plan, an aquatic cater fenbility study, and a park land dedication policy. The third section dealt with needs and iswes relating to parks and recreation such as acquisition of new park larva, park maintenance and operating resources, renovaim and restoration of the Civic Center complex, mansion of the aquatic facilities, youth services and • services to unsmed and underxrved indiddnds, • • Council Member Beasley asked if the feasibility study had been oompkted. Chadwick replied correct and that an ecorantic feasiM7ity study was also done. • • City of Demon City Council Minutes July 8, 1997 Page 2 i Council Member Beasley asked if progress had been made in hiring Hiispark employees at the Martin Luther King, Jr. Recreation Center. Ed Hodney, Director of Parks and Recreation, stated that progress was being made in that area and that the addition of the COPS program would help. There were now more resources available to help in that area. Mayor Pro Tem Brock stated that there was a need at the Martin Luther King, Jr. Recreation center for English classes Council Member Young stated that Denton had great schools and a great parks and recreation program. He asked about a proposed date for the new playground equipment at the parks. Hodney stated that the projects were already started. The contractor had started with McKenna Park and would be going to Fred Moore Park next. Council Member Young asked about possible plans for a park new Willow Creel:. Hodney stated that it was not in the strategic plan but had had convasmion regarding that proposal. Cost estimates would be presented to Cow4 in the near fume Council Member Cochran asked if in economic study had been done in regards to the use of the Civic Center as a convention center. Hodney stated that the study which was done was an adaptive use study to look at what was there and what could be done with the building with possible uses and needs. The consultant presented 14 different kinds of uses and at this pant there was nothing beyond that study. Council Member Yoamg felt that a convention center was needed in Denton to acconeradate as marry as 500 people. 2 The Council received a Quarterly Update from TMPA Board Members. • Bill Giese, TMPA Board Member, stated that his report was divided into the categories of budget, operations, legislation and regulation, and litigation. In the budget arc, staff had subriii"ed a proposed fiscal year 1998 budget. The Budget and Audit Committee reviewed the budget with staff on June 26th and made several re ommeridations. Staff submitted a revised budget, which was scheduled for approval on Thursday, July 10th. The method of collating transmission costs was order dLwussk n In prior years, TMPA paid the cost of transmitting power to the member ctia and the loss of power • over the wires. Under the new PUC rules, transmission costs were allocated to users based on 700/9 • • power consumption and a 30% distance component. Bryan would tike the transmission cost to be paid by member cities based on the PUC formula Other cities preferred that TWA pay all the transmission costs as required under the Power Sala Agreement. The Budget and P&O Cwvnktee reviewed the C1P budget and am.ested ranges. LigMe mine mainteruence, nitre permitting, and lignite leases were under review. The P&O Committee recommended several items be waled back. In the operation area, the plant was operating at a higher load lere1 but stability was a serious problem. 't'he digital - City of Denton City Council Mmes July % 1997 Page 3 control system needed additional tuning and the plant capsdty, might rot reach 462 megawatts. Discussions had taken place with Burlington Nathan relative to coal transportation costs and the corstnuxion of a rail spur and other rail transportation alternatives remained open. The Mission and Goals Committee discussed posu'bly setting goals for the remainder of 1997 and fiscal 1998. Bids on oae dragline were opened and Board approval was scheduled for the July 10th agenda. Proceeds from that We would be used to pay down the S29 million taxable debt. Requests for bids on the conveyor would go out shortly. The highest bid was $5.7 million Legislation and Regulation issues included the fact that the postage stamp transmission rate of the PUC was still in litigation and retail wheeling dd not pass. The treatment of"strsnded costs" was critical to effective future TMPA operations. Making le3islators aware of this unique problem and the potential impact was essential. Legislation on tax on coal did not pass In the Litigation area, the College Station litigation was in process and the courts were expected to approve the Power Sales Contract Amendment sometime this summa. 3. The Count received a report and held a discussion regv&* the Demon Central Appraisal District's proposed budget- Joe Forsythe, Denton Central Appraisal District, stated that he would be available to answer any questions the Council might have. Council Member Beasley asked for a review of what the District did. Forsythe stated that the District was started in the We 1980's by State legislation with one in each county. The ptupose of the District was to appraise property for market value for taxing purposes. The District was charged by State law to determine the market value of property. It did not set the tax rate or amount of taxes an individual taxing furisd atom would levy. Council Nientber Beasley stated that the District appraised the property for all of the taxing units in Denton County. The City of Denton real)y did not have a choice of whether to approve this budget as the City could not do its own appraisals. Forsythe stated correct that the City did not have the authority to do its own appraisals. Cour" Member Beasley asked what was the increase in the City of Denton's furdmg to the Appraisal • District. i Forsythe stated that the estimate was $130,000 which the City would pay this year which was approximately 4.31 Jon Fortune, Chief F'marrce officer, stated that the City lest year paid approximately 5125.000 which _ • was about a $5,000 increase. • • 4. The Council received a status report with regard to the 1997 D mft Damon Development Plan (DDP), reviewed a schedule of activities and gave staff direction Dnsvid Hill, Director for Planning and Developmerm, stated that this would be a status report on the draft Demon Dr4loprnam Plan The DDP was a policy guide for growth for the City of Denton. T'he F i • City of Denton City Council Minutes July S, 1997 Page 4 City was currently operating under the 1988 DDP. In 19%. the CouWil appointed a Denton Development Policy Committee to review the current plan. The Committee produced a draft concept which was presented to the public at meetings. Following those public meetings, the draft wa3 revisal and an updated version was adopted by Committee for Planning and Zoning and Council review. Those results were a list of 15 items for Council consideration and were included in the agenda back- up materials. Council Member Beasley stated that she would like to have further infornniion on each of the 15 issues. She suggested that Council have intensive work sessions on just the 15 issues before passing them on to the Planning and Zoning Commission, These work sessions could be done outside the regular Council meetings for further information. It might be good for the Plaru* and Zoning Conutvssioners to attend these sessions for their input. She did not want to stow down the whole prwess and felt that this could be done in a couple of months. Mayor Pro Tem Brock stated that she would second the proposal to have work sessions outside the Council format to have individuals to present information Count-d Member Cochran felt that the suggestions were good. It was important to have a good development plan and that was a need to be very careful on how to proceed. He supported Council Member Beasley's proposal. Council Member Durrance slated that there had been a dramatic change in developmental planting for cities of various sizes. He would like additional information relating to those types of plans which could be used for comparative analysis. He would like to see a comparative amlysis of other plans with the theories under which those plans were developed. He would support future additional meetings with the Planning and Zoning Commission for future study. Council Member Young stated that the park dedication policy should not be a mandatory policy as it would hurt the local developers. Mother issue wit am impact fee which he felt was not a fee but rather a tau This would be a new tax and the developer would pass that cost on to the homeowner. He felt ` that the Development Committee Board should be expanded to include mare neighborhood representation Mayor Miller suggested that the Council devote at kw one Saturday to further expkxe these issues. lie suggested reviewing the 15 issues presented as %vdl as including a review of the Denton De,mlopm crA Plan and haw those 4surt related to the DDP. Council Mernber Beasley felt that the Council should receive input in planning and the issues and their look at the proposed plan. CourKU would do this and would not go back to the committee. • RH suggested that the Council go through some information sessions. To expedite the process the • • Council could start with oonoepts on what other cities were doing, what worked and what did rat and . J then facilitate some activity to get on paper, mayor Miller suggested that at the first meeting Council consider the 15 issues and spend time deternining what each was. C.,ouncl could then pick out what issues they wanted more information on He felt the oar>sa-ma of the Council was to hold several pi ruing meetings and determine from y s 6_ ;.)s~->;~ z`. «_;,..~[r .:fi', 5!S<, •AM inn i-x: TS,xzrr,. wr City of Denton City Council Minutes July 8, 1997 Page S each one what to do nett. After disatssios4 it was decided that the fast meeting would be held on Saturday, July 19th from 9:00 - 4:00 and would be posted as a wvrk session Planning and Zoning Comnisskm members would be intuited to the session Following the completion of the Work Session, the Council convened into a Special Called Session to consider the following; 1. The Council considered rtotninatior zppointmmts to the Ciys Boards and Commissions. The Council made nornihw ora/appDkKrnertts as indicated in the agenda materials. 2. The Council considered an appointment to the Saks Tux C&='3 Advisory ComrTittee. Council Member Young withdrew his oominstion. 3. The Council considered approval of a resolution nominating a member to the Board of Managers of the Denco Area 9.1-i District. Kathy DuBose, Executive Director for Finance, stated that this was a request by Dernro Area 9-1-1 for a nomination to their Board of Managers, Nominations tonight would be added to a list from all area cities. Voting on a rtonnince would take Place at a future meeting. The term of give Stephemu was expiring who was eligible and interested in reappointment. Mayor Pro Tern Brock terminated Olive Stephens Consensus of the Council was to nominate Olive Stephtm 4. The Council considered adoption of an ordinance authortring the Mayor to exaute a compromise and settlement agreenxnt by and between the City of Denton, the University of North Texas, and the Texas Woman's University resolving their dispute respecting the applicability of Section 2 2141 of the Public Utility Regulatory Act of 1995 to the parties; and euthodAng the o9enciiare of • funds therefor. ti This item was pulled from consideration 5. The Council considered adoption of an ordinance aTrterfd * the schedule of electric rates m i Ordinance No. 96.207 by the estabfishowd of a UrrversUy DWotxt Rider relating to the two elate • universities, pursuant to State law. ti V • • This item was pulled from consideration. 6. The Council owdOerred adoption of an ordirtamce authorizing settleomi in the claim of Sara Sangster. The following ordinance was considered: ~l • 1 i n Y ! 0.1'•. ' Y-:.'...-:.•-•!i2'•~.rL~~"~Lfw~fl/Vi iSlN•Lti/~ii6'A~lL ~1I.~iM4YA~t\1►wMMwdMwrwr\ - City of Denton City Couna7 Minutes July 9, 1997 Page 6 NO. 97-194 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF THE CLAIM OF SARA SANGSTER IN AN AMOUNT NOT EXCEEDING $150,000, AUTHORIZING THE CITY MANAC-FR TO ACT ON THE CITY`S BEHALF IN PAYING THE SETIIFMENTr, SLUEL T TO THE EXECUTION OF A RELEASE APPROVED AS TO FORM BY THE CITY ATTORNEY: AND DECLARING AN EFFECTIVE DATE. Kristofa" motioned, Young seconded to adopt ordmncer On roil vote, Bewley "rye', Krutofenon "rye", Coclrem "aye", Dwance "rye", Yourg "aye', Brock "aye" and Mayor Miller "rye". Motion carried urwomokdy. With no further husiness, the meeting was adjourned at 6:45 p.m JACK Mn Fa MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS A00W3A3 Yri;, t• J'r ~Y r. ; T , •..~~~r ~~sFg , ^._r ti Mn~i ~.:f }~~~;``tea\:Ni ~ 1 . .1-r. ~ w J •~r4: ~ ~ 'S 1"~ CLrY ~yYir, , ? Y-("eMw•~ ~ j Y 1 t - n~ . i AWdaHo. Agenda Item . Dete CITY OF DENTON, TEXAS MUNICIPAL BUILDlNO • DENTON, TEXAS 76201 • TELEPHONE (617) 566.8307 olks of the city mer"Or CITY COUNCIL REPORT TOt Mayor and Members cf the City Council FROMr Ted Benavides, City Manager DATES October 7, 1997 SUBJECTt Request For Exception to the Noise Ordinance for the Construction of a Kingdom Hall of Jehovah's Witnesses at 610 W. Windsor October 16 - 19 and October 23 - 26, 1997. BACKGROUND r Mr. Don Dyal, representing the Denton Kingdom Hall Building Committee, has requested that the City Council grant an exception to the noise ordinance for the construction of a Kingdom Hall of Jehovah's Witnesses at 610 W. Windsor (Attachment 1). Construction of the building is scheduled to begin on Thursday, October 16 and continue around the clock through Sunday October 19. They will resume on Thursday, October 23 through Sunday, October 26, 1997. Mr. Dyal indicates that although this is a construction project the main source of noise expected during the hours of 10:00 p.m. - 7:00 a.m. would come from the volunteer workforce of approximately 400 people. Section 20-1(c)(4) of the Code of Ordinances declares the erection, • excavation, demolition, alteration or repair work on any building a nuisance at any time other than between the hours of 7:00 a.m. / and 8:30 p.m. Monday through Saturday. However, it does provide that the City Council may issue a special permit for such work at other hours in case of urgent necessity and in the interest of f. public safety and convenience. • z ~ 1 • i Vtdvaul to Quality Sancta" . n .r y i PROGRAMS DEPj~u'j'~FNT4 OR GROUP AFF CTED • PROGRAMS, Residents. - ' Fiscal Impact: None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: r Ted Benavides City Manager Prepared By: Veronica S. Rolen Administrative Assistant Ii Attachments: 1. Request from Denton Kingdom Hall Building Committee 2. Noise ordinance cc: Petty Williams, Assistant to the City Manager . t • F ~ S 0 E - { 4 } ,1 ~AU BUXD WG V OAMI I ! GE wo f/IMw"aft" dolly" i t Twm 700 Septerrtner 15, 1997 1 City CauxI, City of Denton CVD veronica Row 215 E MdCmey Denton, Texas 78201 Gentlemen, Please accept this letter as our r**AM for a variance from your now oriffirance for as Kx9dom Hal of Jehovah's Mwues constriction at 610 W. Windsor Drive lo twice place on the kkvAng dates: October 16, 17,18 and 19, 1997 and October 23, 2,, 25 and 26,1997. We Y A begin our oonstrucion on the monwng of Thursday, October 18 and work contirx*uey until the Wowing Sunday evening. We will than res me work on the morning of Thursday, October 23 and again worts oonti~ until the Wowtg Sunday evening. We plan b have our fret meetings on Sunday, Ocbber 26. The warts on the frst weekend wrl consist of erocbrp the wars and roof of the buikfng along with initial frtiatrout There wi be only a smal lo moderate amount of noise from heavy eWiprnent, whch wig be during he daytime hours. The vxxk an the second weekend wM be nary aM Mti,cut. The main sauce of now vid be from the people themaetves. Wit expect a vokm4w work force of approAratety 400 people at eve sits during all the construction work We wi be provfdhg meals for al the workers *AV the w WMK60M { Also. Most WAN WX be provided off sits. 1 • Please be asacued that we wi have a quality bufft that vA enhance the neighbodwod. We are very interested in being good neighbors end obeying the city ord'rancea. Thank you for your time and ocnsiderabon. We look forward to your reply. RespecBuAy, r T. M. D. R. Dyal I 3. • • Chapter 20 NUISANCES' Art, I. In General, ii 20-1-20-30 Art. 11. Abandoned Property, IS 20.31-20-10 Div. 1. Generally, it 20-31-2040 Div, 2, Motor Vehicles, If 2441-20-70 Art. 111. Grass and Weeds, it 2471-20.73 ARTICLE L IN GENERAL sec. 20-1. Noise. (a) It shall be unlawful for any person to make or cause any unreasonably loud, dis• turbing, unnecessary noise which causes or mey cause material distress, discomfort or injury to persons of ordinary sensibilities in the imm diste vicinity thereof. (b) 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 erlloyment of private homes by persons of ordinary sensibilities, {d 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: (1) 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 persona of ordinary sen• sibilities in any dwelling, hotel or other type or residence; (2) The use of any stationary loudspeaker, arnplifierormusical 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 !oudspeaker, amplifier or musical instrument as upon time on Sunday, provided, however, that the city couaW may make exceptions • application when the public Interest will be served therft (3) The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time H begin or stop work or as a wwrilog of danger; (4) The erectlon, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 am end 8:30 p.m-, Monday through 'Cron refsrenetee-Protected migratory bird roosts declared nuisance, 16 81; inspection • • • ~ and abatement warrants, i 19.H A 0-p.; Inset and rodent coatrol in mobile home and rec• reationsl vehicle parks, 132-91. Sapq. No, 1 1399 , • ter-Apr..--l. J`-_~ • • f 241 DENTON CODE Saturday; provided, however, that the city council may imue special permits for such work atother hours incase of urgent neeessityand in the Interest of public safetyand convenience; (5) 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 nolses to any performance, show, theatre. motion picture house, We of merchandise or display which aura crowds or people to block or congregate upon the sidewalks or streets near or adjaant thereto. (Code 1%6, 44 14.20, 14.21) Croy reference-Animal noise, f 6.28. Sec. 20.2. Odor. (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities In the immediate vicinity ther.yf. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable .f enjoyment of private homes by persona 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; (t) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; f2) Offensive odors from privies and other similar places; (3) Offensive odors from the use or poasaalon of chemicals or from industrial processes or activities which disturb the comfort arrl repose of persons of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances; • (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, otral or dead animals on any premiaaa. i (Code 1968, ff 14.22, 14.23) ' Sec. 20-3. Gasbags, trsuls and rubbiab nukaum-Oenerdly. (a) Storing o, keeping garbage, trash and rubbish. The storing or keeping of any and all t • stacks, heaps or pilu of old lumber, refuse, Junk, old cots or machinery or parts thereof, _ • • garbage, trash, rubbish, wrap material, ruins, demolished or partly dMWILO ed structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street Sapp, Noi 1390 o 10 • Apenda ne. Aor4s Rem Date Ci yOFOENTON, TEXAS MUNVPAL BUILDING • DENTON TEXAS 76201 TELEPWNE (817) 56&8307 Ofte of the Coy Maaepsr CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMi Ted Benavides, City Manager DATE: October 7, 1997 SUBJECTr Request For Exception to the Noise Ordinance for a Tent Revival on Sunday, October 12 and 19, 1997 from 7:00 p.m. - 9:00 p.m. BACKGROlI17D Minister Dominic Boudreau, President and Founder of the international Glory ministry, has requested that the Council grant an exception to the noise ordinance for the use of amplified sound on Sunday, October 12 and 19, 1997 for a Tent Revival. The revival is scheduled to take place in the Civic Center Park for 10 days, beginning Thursday, October 9 and ending Sunday, October 19, 1997. The organizers are expecting approximately 250 people to attend these revival services (Attachment 1). As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. The organizers have been informed that should Council approve this request, responsible use of the amplified sound is still required by Section 20-1 of the City of Denton Code of Ordinances. In • particular, Section 20-1(a) states: It shall be unlawful for any person to make or cause any r unreasonably loud, disturbing, unnecessary noise which causes or may cause eaterial distress, discomfort or injury to persona of ordinary sensibilities in the immediate vicinity thereof. • # • • PROGRAMS, DEPAR Area Residents. h, 'DeQ;<ared w Qaa?uy SerrLV • y itiS'~. ,ti` '~"ii. ~x1. ~.'ti; }~c...1'.i ,`J ~:~'t a~''+.~•r i~ 1..~,; .'i~t'~ i i r Fiscal Impact: None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: Tom-- Ted Benavidea City Manager Prepared By: Veronica S. Rolen Administrative Assistant II Attachments: I. Request from Minister Dominic Boudreau r 2. Noise ordinance i cc: Betty Williams, Assistant to the City Manager ar rya ~ 7 , Sep-09-97 09:37A Denton Parks and Roc. 910 319 EaG4 P•02 TEXT REVIVAL Mr.Bob Tickaer Super Intendant of the parks 321 E.McKioney Den0m, 7x. 16201 Dear MrMckner, k What a joy it was for me to bare frog you todayl I's to exited of what God is going to do for the people of Denton for this special 10 days straight TERT REVIVAL, from the 9th through the 19th of october 1997 in the Civic Center park right in down town Denton. The TEXT will be bolding 250 people and there will be a 24h. security for the TEAT and other squipment. The services will be bold each night from 700pm through 9:00pm. Oo satnrday■ the 11th and 18th there will be three services. One at 10 00aa. the other at 2sOOpm and the 3rd one at 7:00pm. For the two sundays on the 12th and 19th, we are asking to grant variaaca from the noise ordenance, 20/1 (2). Thank you so such Mr.Tickner for your precious suport for that spacial event that will bless the people of Denton, May God richly bless you. i ` For His Glory, f I Miniater Dominic Boudreau President ant Founder of International Glory liinistry yy0-566-dS11 DOM1MCDMDQLW (gov CGera~er PO. 5= 475547 eleuoa Dbless WXA4)Oj11 - i . ~.s~ 1~.L-~ 1_~~~ 4i i"!L~ 1 ~ _ +ir i~~ iC ~~•♦~•a-l ~ 4, ~ ~ tom.' • Chapter 20 i NU?SANCEB• Art. 1, In General, f120-1-2030 Art. II, Abandoned Property, if M31-20-70 Div. 1. Generally, 14 20.31-20-40 Div. 2, Motor Vehicles, If 20-41-20.70 Art. 111. Gran and Weeds, Of 20.71-20-73 ARTICLE L IN GENERAL Sec, 20.1, Nolae. fa) it shall be unlawful for any person to snake or cause any unreasonably loud, dis- turbing, unnecessary noise which awes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) 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. (c) 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: (1) 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 &m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen• sibilities in any dwelling, hotel or other type or residence; (2) The use of any stationary loudspeaker, unphfler or musical instrument in such manner of 10 sensibilities in the or with such volume as to annoy or disturb pe«n the fhoordinary 7,00 immediate vicinity thereof, particularly b 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 will be served thereby; (3) The blowing of any atesm whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of denier, (4) The erection, excavation, demolition, alteration or repair wotk on any building at any time other than between the hours of 7,00 a.m. and 8:30 p.m., Monday through • • -Cro ss rebreacea-Protested migratory bird scats declared nuisance, !8.87; inspection and abatement warrants, f 1988 at seq.; insect and rodent control in mobile home and rec• restional ehkle parks, 132.91. Sapp. No. t 1389 ow" • r 120-1 DENTON CODE Saturday; provided, however, that the city council may issue special permits for such work at other hours in ass of urgent necessity and in the interest of public safety and convenience, (5) 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, stow, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1956, #1114-20, 14.21) Cross reference-Animal noise, # 6.26. Sea 20.2, Odor. (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or Injury to persons of ordinary sensibilities in the immediate vkWty thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration u to substantially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive:. (1) Offensive odors from cow Iota, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persona of ordins,y sensibilities; 121 Offensive odors from privies and other similar places; (3) Offensive odors from the use or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persona of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substarAve: (5) Offensive odors from stagnant pools allowed to remain on any promises or from • rotting garbage, refuse, offal or dead animals on any promises. i (Code 1966, 14.22, 14.23) Sec. 20.3. Garbage, trash and rubbish nulsances-Generally, (a) Staring or keepinggarbagt, hair and rubbish. The storing or keeping of any and all ~ • • • stacks, hesps or piles of old lumber, refuse, junk old are or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruin, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street 3 Supp.No 1 1390 Apertda No. Agenda Item Date '0- 7- CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (8) 7) 5M-W07 Office of ale city kkww CITY COUNCIL REPORT - TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: October 7, 1997 SUBJECT: Request For Exception to the Noise Ordinance for a Benefit Concert Sponsored by Trinity Presbyterian Church on Sunday, October, 19, 1997 from 12:00 noon until 5:00 p.m. at the North Texas State Fairgrounds Fair Hall. BACKGROUND Mr. Kent Miller, representing the Trinity Presbyterian Church, has requested that the Council grant an exception to the noise ordinance for the use of amplified sound on Sunday, October 19, 1997 for a benefit concert for the health care costs of Mark f Fearing. The concert is scheduled to take place in the Fair Hall at the North Texas State Fairgrounds from 12:00 noon until 5:00 p.m. (Attachment 1) As you know, the noise ordinance declares loudspeakers, amplifiers, i and musical instruments a noise nuisance, particularly after 10:10 p.m. Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. The organizers have been informed that should Council approve this request, responsible use of the amplified sound is still required by Section 20-1 of the City of Denton Code of Ordinances. In • particular, Section 20-1(a) states: it shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause eaterial distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. • PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: • • Area Residents. r Tddkatd to QuWay Snr1c1 1P • t 0 r • • r a. , Fiscal Impact: None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: /6L ,,-rte - Ted Benavides City Manager Prepared By. Veronica S. Rolen Administrative Assistant II { Attachments: 1. Request from Kent Miller 2. Noise ordinance cc: Betty Williams, Assistant to the City Manager E • c' t , a.7 !^1 F{sq~~Y fY 0. iY~t a__}!may, , T'.- `}A~ 1 ~Y `(~1, f';~~ ;1S i. , Y'W ~~H(~ 1'. 7~~• ~ I'~•~'1i ~.~1 1,~.?~~ i . .u,:.x~t::...-,s.s........ ......:...aw..r~LA7ursVitdf+ TRINITY PRESBYTERIAN CHURCH A Coirwestiem of tts PlabiviS4 piwai (USA) Septeaixr 24,1997 ' Jena fer Waken city secretary 215 E. McKinney Dentoq Tx 76201 To the City Council: Trinity Presbyteries C"much is piamiig a beaeAt oooart for the haft earn cow of Mark Foubg we have scheduled the cooart for Suadry, October 19, 1997 at Fair Mall in the Fair Grounds. There will be a aeries of bands &ying &v* the dWD00n, sad so we wish the Council to great us a "Noise Exception Permit" for this occasioa Thwk you for your corwdention. S' Kent C. MBer a a~no to Arrw, Denson, Tens 7ml - TdeOwm 817nn+e15 i l 4a s , i ~ T a. K 1 ~ ~v ~ ~ v r„# • I~e `r - i l ~ tr~i~ } • Chapter 20 NUISANCES' Art. 1. In Geoeral, if 20.1-20.30 Art. 11, Abandoned property, ff 20.31-M70 , Div. 1. Generally, If 20.3I-20.40 Div, 2. Motor Vehicle, if 20.41-20.70 Art, III. Grant and Weed+a, It 2'1.71-1673 ARTICLE 1. IN GENERAL See. 20.1. Notae. ,a) It shall be unlawful (or any person to male or cause any unreasonably loud, dis turbine, unnecessary noise which causes or may cause material distum, discomfort or Injury to persons of ordinary sensibilities in the immediate vicinity thereof. ib) it shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment or private homes by persons of ordinary sensibilities. ic) The following", among others, art declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: III The playing of any phonograph, televislom radio or any musical instrument in such manner or with such volume, puticularly between the hours of ION p.m. and 7.00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen• sibilities in any dwelUng, hotel or other type or rnidence; l 4) Theuseofanystatlonary loudspeaker, amp11f1eror musical instrument in such manner ff or with such volume as to annoy or disturb persona of ordinary sensibllttise In the immediate vicinity thereof, rartWlarly between the hours of 10:00 p.m. and 7 00 a.m., or the operation of such toudspesker, amplifier or music! Instrument at any time an Sunday; provided, however, that the city coumtll may make exceptions upon apylleattoa when the public interest willrbe served thereby; (3) The blowing of any steam whistle atwW to any etatsonery boiler or the blowing of any other loud or (wreathing steam whistle within the city Umits, except to give notice of the time to begin or stop work or as a warning of danger, (4) The erection, exavatlon, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 am. sad 8:30 p.m, Monday through • • sCroo rsferonteo-Protected migratory btrdroostadodued nuisance, 1647; inspection and abatement warrants, f 1946 at seq.; mead and rodaat coined in mobtle home and rec- reational vehicle parks, f 32.41. Su". Ne. I 1389 dd • i t • • c41 DENTON CODE Saturday., provided, however, that the City council may Issue apeCW permits for such work at other bourn in am of urgent necessity and in the interest of public safety and convenience; (5) The creation of any loud and excessive noise in connection with the loading or un• loading of any ve,4:a1e or the opening or destruction of bales, boxes, crates or con- tainers; (6) The use of any drum. loudspeaker or other Instrument or device for the purpose of attracting attention by the creation of notsee to any performance, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1968, if 14.20, 14.21) Crow reference-Animal noise, 16-26. See. gas. Odors. (a) it shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilAks in the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable t enjoyment of private boom 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 wxclusivr. (1) Offensive odor from cow lots, hog pens, fowl coops and other similar plat" where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odore kom privies surd other similar p[aaq (3) Offensive odors from the use or possession of ebemicals or from indttOxW pteemses or activities which disturb the comfort and repoes of persons of ordinary sevoribWties; (4) offensive odor Roan smoke b m the booing of trash, rubbish, rubber, cheatkals or ocher thing w substances; • (5) Offensive ode" ft= stagnant pools allowed to remakn on any premises or from rottEnE grbsye, refuse. offal or dead animals on any premless. (Code 1966, If I4.22,14.23) See. SO.& Ga bap, trash sad mbblah ani+anees-Oawnlly. • (a) storing or UVing garb ye, trash and n4bisk The storing or keeping of +ny&M all Stacks, hasp, or piles of old lumber, refuse, junk, old cars or maeldnery parts t • garbage, trwh, rubbish, scrap material, mini. dsmollibed or partly demollalted obwtursa or buildings. piles of stones, bricks or broken rocks on any pr+ndsee bordering any public street sue' No I 1390 5~ • Ap«ie. ke, 7' Q Agmdi Him CITY COUNCIL REPORT Dane M- T-21 TO. Mayor and Members of the City Counal FROM: David M. Hilt, Planning and Development Director DATE: October 7, 1987 SUBJECT: Hold a public hearing and oonsider an ordinance to rezone 2158 acres from the ; Single Family -7 (SF-7) zoning district to the MuttiFarrily-1(conditiorted) (MF-1 [c]) zoning district on property located on the east side of Bernard, at Greenlee. RECOMMENDATION: The Planrnirng and Zoning Commission recommended approval of the rezoning request (t30) at its meeting on September 10, 1997. SUMMARY: I See Planning and Zw*V Commission Report. BACKGROUND! See Planning and Zoning Commission Report. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Not appfiicabk. FISCAL IMPACT: None. Please advise a I can provide additional information. RESPE Y 1%jSwTTEO, Rids SveNa Deputy City Manager Prepared by: Donhe Bateman Senior Planning Technician Approved by. Ei~ M. Hirt Director Planr*ng w)d Development Attachment A1: PWy" and Zonkng Commission Report. Attenchment #2: Plervning and Zoning Commission Minutes Aom September 10, 1gta7. . Attedxnent #3: Ordinance. A T V v , n Tv , . Y~~{« r~ i` TlR{5 )4 L `j . i • 'azN~'~'~~.. ~ A'~ , ~Y ~~tlM1?.LieL" ~i ~~`l~ll~1~ t~jj~' w~~,' ~L,~l~ i ~ j~•'1~~~~~~I r ~K ~ r.. 3a+z•~f ~V. ~ +Tr~ i • r ATTACHME%T 1 STAFF REPORT To: Mayor and Members of the City Council From: Planning and Zoning Commission pate: October 7, 1997 Subject: Z-97-024 4FNERAL INFORMATION Applicant W. Rodgers Homes, Inc. 17734 Preston Road, Suite 205 Dallas, TX 75252 Owner. Jose & Erna Irtas 1301 Bernard Street Denton, TX 76205 Action: Request to rezone from the Single Family 7 (SF-7) zoning district to the Multi-Family 1 (MF-1) zoning district Location and Size: The subject property consists of a 2.158 acre tract located on the east side of Bernard Street at Greenlee. Surrounding Land Use and Zoning: LOCATION ZONING LAND USE North: MF-i (c) Multi fatuity South: S.U.P. Assisted Living Facility East: SF - 7, PO & Vacant Commercial West: SF - 7 Single Family Subdivision and Cumberland Children Home Denton Development Plan (ODP): Moderate intensity Area •119 (75% allocated). • SPECIAL INFORMATION The property is not platted and would have to be platted prior to the issuance of a building permit. Public improvements needed to support this deveiopmeri' .tray include the extension of water and sewer lines to the property, oonstruction of sidewalks, and knstallet on of an on site fire hydrant These Issues will be addressed during the platting phase. BACKGROUND January, 1969 ~ Property Is zoned Single Family-7 (SF-7) with adoption of the 1989 zor q map. Page 1 % BACKGROUND icontIMM) In 1995 and 1991 11.926 ages to the north was rezoned to Planned Development and approved for multi family development. This allowed a maximum of 142 units. In 1996 the property was again rezoned to Mutti-Family conditioned to allow for 191 units. Conditions that were added to the rezoning included: 1) No parking spaces shall be allowed adjacent to Bernard Street. No head-in parkkV spaces shall be allowed adjacent to Collins Street. 2) The maximum height of any proposed building shall not exceed 2 112 stories, however any buildings fronting on Bernard Street may not exceed 1 1/2 stories in height 3) A minimum 20% of the site shall be used for open space or recreational uses. 4) Front yard setback (Collins/Bernard Street) - 25 feet Side yard (interior) - 10 feet Side yard (adjacent to single famiy residential fronting Bernard) - 15 feet Rear yard setback -10 feet except a" the east property line for drainage purposes. F~~15) property owners were notified of the request on August 29, 1997. As of this writing, two reply forms have been returned in favor and one has been returned in opposition. ANALYSIS The table below will provide a summary of the Plan related anaysls for this project: Denton DsvWopmsnt Plan Policy Anafysls Summary Moderato IntensNy Ana Ds 4wr*rt Rstkv vs. Policy POLICY COMMENTS rrcor»wr r+oornbtrt AAOU1Md rfawy (addhp nr*40 - to 8* rq • AcW 0 Am wily (proposed xomft) - 17204 r" To bo *a skew v lh tw M&N a drr.raapn+vr Ow&M na aceed No A. blown above. dti proposed zwkV x , Mood riwb. wo I Iwwe •w ~e6i by 82 rlpa _ On ft cow herd dw w6}at prop«ey Is locrid In a nwdwir ►MlMV am ihd Is * Mo For ri nron to L _ • er praporl r Be rr rrrt+r i+eaurlwt • • . Page 2 • ram„----~r,.1 ~ . • • Denton Development Plan Polley Analysis Summary Moderate Intensity Area Develop vnt Rating vs. Poicy POLICY COMMENTS S4rcw* S wwhe c mwmt 4rcorrw4rt InrorrhYw+t Modwim C rows we bared st ft ktwe"ctbn d two ;w LA - 0 to rd This arr Ass Dui dwiprwwd r a d *d** fopriorr "brr'rp s 1-- my noderre ec" cwtw by f» Daion x ark re spaced spprord,nwtty a M" Dadoprrwt pfan apart Then cw*m an a rrwrdrrwan d 40 acrK DAaraty land ue dlwMy sW be dW% r uaa caw wan h do, Tt» prop*wd tar" wmM stow far w w w uw in wa area such r sWo d 6V 40 evA% tsmfy wft p w cam"Wew, N6K rapt tndueeW snd b rtMd* PO*kV shrdrda OR". Dh, n Ow w: M I"mWo Doer for rribr"d w daretoprwb wrr ftkrde "d wpkabw publk or nonputt omw#A* 4w }scab" or are. C4rrwnw6&j' irwd to Ip d to crrnwcWNW utwe w not proprwed x odd Cra"p" d b tarn. Mutt Wriy aomnww we "diwert b Iifptt Darway Horwkp • Aaw" is pwWsd by Baird, a Tra vAWn brwasn Irnd Lees cdlac Accwe b NWW stab. Concwi vbm not to wceed 40 unit. x ConNriradw of T80 unto. MA Famty wlhin 1 /t mM If2 wpwskn The d"eipn d to proi"d wA nd be S4" d"eipn rained firer O+an rruetlrq tw sub* pion PAVAMiom law dw&4y residrad Is nd Lm Deneay rsekarGd rer shots be omrrwfwbty scoot to to aAod prdsda 4 by Wid As dwipn caiboi property. Thu are, h wwr, *Vw x wth edbacks, paklp, Morirq rd aeniy *Udurea w fr owl eke of wwocapkv r"urarwri. Son"rd For ft Nam eM We a so wiA hcorn wrt Strip camwcw' Ttr tfrR d we pion M b ww wspe tartan d ao Mw and Not wpk 4bw to dwcaraoe strip ga/nwcWk i * x , T?" ou T°9c9r+POy t M curm* M beaYOn for a wangle famty etrU:b rw~aa. RECOMMENDATION The planning and Zoning Commission recommended approval of the rezoning to Multi- • Family-1 (conditioned) (MF-1 [c]) with the following conditions which match those imposed • ats on the Arbors project adjacent to ft north: 1) No parking spaces shah be allowed adjacent to Bernard Street. Page 3 v. .r 4 r.. r 1 I 2) The mw&mxn height of any proposed bulding sW not exceed 2 1/2 stories, however any bindings dDMM (xi Bernard Street may not exceed 1 1/2 stories In height 3) A mkdmum 20% of the site shah be wed for open space or recreational uses) wrJ sW be boated in areas not otherwise :Rusted for front, side, or rear yards. 4) Front yard setback (Barn E lr - 25 feet Side Yard (Wterior) - 10 fast Side Yard (ad)acent to s64e family residsrtW fronting Bernard) - 15 feet Rear yard setback - 10 feet except Wong the Beat property line for drolnage purposes. ALTERIIATM 1. Approve the request as submitted. 2. Approve the request as MF(c). 3. Postpone oonsiderabon, requesting submission of a PD appRrwtion. F-NMMES 1. Location Map 2r Surrounding Zoning Exhibit. I i 1{ i t Paps 4 ; rri.. r s ' f 1 11 , i i~`:~: ~ ~~'y5 a • 18AO ENCLOSURE 1 297024 4 y 1308 1103 1357 • 7 1 ■ BERNARD • ~ o s 041 1 12 1 ■ I■ Z 203 11 4 15 1 1 ` I c' • Z 97-024 ENCIASURE 2 Lra r I 1) I 1 0 [ 1r ~ Wru a 1 F-2 F-2 % uaa Q i ~p I I 1 I 1s 1 I W COUNS cMAN oaur NS 'f aoc■ 1 Mr-1(c) I 1 C I ~ 1 1 PO P - < MF-1(c) 1 p GR - r- - I G 1 ~ I I S - MFI - - S 8 ]`J or+wrvr rooul n ( I SF•7 ...T PD I 1 c - cl s■w n cl - MF1^'i Icl axwom a~~woo I / r. ' t` R I IC I ~ I I-- I a~ "'>tt A" / A 1 - ; ; GR pp I L L~ Y / 1.- 1 I n 1 F{I" I r 1 - A ; iy ~I ; I r U 1I ~J ~ 1 2f ~ ~ ~ I t 1 i l • • ATTACHMENT 2 page 27 1 - 6-0. Thank you I later, is to go from the Single Family 7 toning 2 It= No. 3 2 district to the Multi-Family CorALiated. I'm going to 3 NM POWELL W. 3o0eS, you Won. tie watn't 3 put a map up there. This tract of land is loafed on 4 SUM what happened 4 Bernard at Greenlee 5 MA jo*m: Thank you- S Some of you may recall in the last couple of 6 years, approximaely 12 rimes right ham wbe m you see 6 MR. IbwEU: Tbsni[ you, air. Mr. Jones. 7 again, I ap0109= for cutting you short like dot 7 MF-1C. the tww beater right 00 top of each other is the S MS. SaMRTz. Item dumber 3, bold a public S Arbors of DeAon apartment complex. This is 9 hearing and consider a request to, arena 2.159 acres 9 spproxi wAdy 12 acres sad was rezoned from Planned 10 from the Single Faraily 7 zoning district to the 10 Development Districts to a Multi•Farnay Cor4dooed for 1 I Malti•Family 1 zoning dis#ic!- 7be property is 10atod I I approximately 190 units. TbeM ware 00odidOOS that 12 on the east side of Bernard at Greenlet and is also 12 were placed oo tltat at that time that the zoning as 13 (mown as 1301 Bernard Before I read the ptoadtnms for 13 and those are shown on page 2 in y backup. 14 a public hearing, along with Item N=6tr 3, 1'd like to 14 We have seat notices to l5 property owners. 15 read the letter that was delivered to tlx Commits?ooas I I Anc' loll pass than out. We have roaivod two reply 16 this evening. It Is dated Sept=*a loth, 19971 16 forara, one in favor, one opposed This is in a moderate 17 addressed to Ms. Donna K 13W=271. 17 intensity area And I have shown on the charts on bath is Dew Donna, please woept this letter as my 1 S parr two and three that all. areas Wt sasaewltat 19 formal request to change our application for MF-t zoning 19 consistent or oonsisknt with the plan. Traffic has 20 to MF-t conditioned per your staff report of 9-10.97. 20 been a ooocun and was a eo0oer0 with the previous 21 Thank you for your help and consideration on this 21 z00ing and staff believes that a lot of the iamd Of 22 mattes. 22 some ef the isnxa worm add resod with the Arbors. And 23 I will now road the procedwm for public 23 Collie Stmt constrUC600 Came out of that as well u 24 hearing tact Theo we will near from Ma Bateman The 24 funds to widen Collins to four Una ins been acboduled $ 23 for the 98-" CV. And 1'ii lave my recommendation 25 Chair opens the public baritt 29 Page 26 Pie 1 The staff reads the petition, gives its I until Hrr eod. But I'll be happy to answer any k 2 report sad makes its necorruThm tio0. 2 quaHOas. ! 3 The petitioner is granted ten minutes to 3 MIL MOftF='0 Question. 4 speak to the petition. 4 MS. 9 ATD EAN- Yes. 5 Persons in favor of the petition are each 3 ML MoaE-*- ehangirrg the request from 6 granted five minutes to speak. 6 Mulit•farnily 1 to Multi-Family 1 Conditioned, does that 7 Persons in opposition to the petition arc 7 change have any effect 00 your PdKY a YUS surnrnwP S each granted five minutes to speak S Ms. sATEMAlL Far the first policy, it would 9 Tire petitiom is allowed five minutes to 9 remain the same as the intensity trip$ would remain. If 10 a site plan wr being reviewed am won acre going based 10 speak in he Ch I. Chair cloves the public bearing. 1 I o0 the amnber e f units that would cllwW4 M some of 7b I I 12 The staff preamts rural remarks. Any 12 !hex would change. if you want, i can go through nth • 13 speaker may be allowed additional time to Walt by vote 13 one 14 of throe mambas of the C*au-.'s3ion. E&ch speaker sboudd t4 MR alOaErta Please. I S concern himself or herself with pratc0ting new 1 S ae3. BATE AN; okay. 7be second one would 16 information not given by preview IM11c s 16 nernain the same. Toe third would rmmoin Hie same, even 17 Commis nestiow of m~ 17 %hot~go the number of units hove sin= Jm9ed from 40 un as may ask q • 18 and all 00 the staff at soy time and may adjourn to I! unit!, but that would change. Commercial retail would ~stilla y - 19 close session as allowed by law. 19 not apply as it' a not ptoposed Berovd • 0 20 1 will open the public hearing and ask Ms. 20 collector stmt s0 it would nor have wow to on 21 Bateman for her coma+ents, please. 21 usaial. And the half mik separation would 0111 be 22 MS. HATFAIAN: Good evening. Madam Coruf, 22 Incoosirimt tintm the multifamily apartment OWV'ex to 23 members of the Commission, this tmgtxst before you 23 the Dort!] is within the half mile, and so it Would 10 24 t0aight is Nougla to you by Ways Ragas 1100th 24 mmain wmewbd Iaoo0A*DL 25 b=porated. His regocst, a You lead read in the 2S If a site plan wag being WACW04 lhd out 25 - 21 P+ge Pad Planning and Zoning Meeting, SW=bet 10, 8 7 i Condenseltr" Page 29 Page 31 i one would be moved ova to consistent, but that would 1 without it being conditioned. 2 not change with the Muld-Family Conditioned without a 2 The second W is, should you find that 3 site plea 3 consistency with a site to the north be an objective 4 wm moRF?10 i wasn't clear oo the number of 4 that we need to follow, then we have put in some s units. The proposed zoning would allow for s conditions that are equivalent to those that were 6 approximately 40 cants under the wi. And bow many 6 imposed on the Arbors project 7 would we have coder the Mr-I coodidooed7 7 The last part is if you look urAa the s his we4AN. 'rte oumber of units would a atkrnativtx, this is really a transition. You can go 9 still be whitener aeeerding to the Zoning ordinance. 9 from straight zoning from no conditions to some 10 7be zoning ordinance, it's based on the land, the square 10 conditions and if you think that site plan control is an l1 footage of land, so much square footage of land pa 11 important objective, there is an ahmative of a PD 12 unit 7bat's not a condition that is recommended- if 12 howevtr, the applicant has not chosen --1'm suum that 13 the Commission would lr'ke to limit the number of units, 13 the applicant was advised that that could be a possible 14 then that could be - that oould be added to it as well. 14 route to have his rmzaning approved and he or she has is MIL MORM401 Tbfflk your. 13 not chosen to do that 16 MS. aATv4&x- And 1 believe that the 16 So that's - wt:'re looking at, is it wide 17 applicant oould address that furtber when he coma up, t7 open? Or do you restrict it down to the level of site 1 s tat tot I think right now the density I s plan approval? And that's the way,%v tried to portray 19 requirement as it pertains to this site is one dwelling 19 it to you. 20 unit, or no mote than one dwdiiny taut per 1,500 square 20 The other thing that we thou& was 21 foot of lot area. And that is further reduced by the 21 important in just looking at eompabbility issues, the 22 applicant's ability to supply adequate off-street 22 think that the atgineering deparbnent has indicate and 23 parking. And it's bard to come up with an exad numbs 23 that's who we've gotten our information for traffic 24 of units that might. be permissible ea the lot boause 24 congestion and traffic capacity, Collins is going to be 25 the off-street parting is rdated to the mvnber of 25 widened to four latter. Therm art going to be several Page 30 Page 32 1 bedrooms pa apartment unit I left-hand turn trues positioned on Eagle and, in 2 So it is a little bit wnfusirtg, so it's 2 essence, this wbok w% is being equipped to be abk to 3 hard to tell exactly what kind of density there would 3 handle a higher level of traffic. 4 be, but centrally Rmki tg, we're talking about a 2.15 4 We also we aware that them are WW 5 sae beet and they're looting, 1 think, to get 5 nonresidential uses io this particular neighborhood 6 sornewbere in the rwW of aouud 40 apartment units, so 6 There happens to be an assisted living ceoter therm. 7 we're talking in the range of 20 units per s cm 1 7 7b= also bappens to be runt boron. So with the Arbors a think, just to give you an idea of what their density is s bring the lust of tlro sew apartment projects, this one 9 a proposed 9 is going to start realty wrong, I think4 the tone for 10 MA MoaFNO okay. I o how this wbok w4korhood is Ono to evo vr- And if I I Ms. ttMUTL One of the letters Was Gem i 1 you approve this a if this rezoning is approved, I • 12 rarnenoe wbo lived on Paytonvilk: did 1 read that right? 12 would suspect that you're gang to as other WeMstiea 13 Ms. BATSMAN: In Souddske. 13 to the multi•hmily bousirtg market in this poeral 14 Ms SCHE[z so it's a rental property? 14 vicinity. ?lays wbat we're trying to let you know. r Is m& HATEmAM: daooes are, ya. The 15 And as you ace these come in, tune question 16 property owner lives In Sarthlalce. 16 is, do you want to on procisely how they Plan to 17 MS SQIERTZ night. 7bank you. 17 develop the propertyR Do you want to go with just • is MR HIIL• Pd Wee to add just a little bit 38 oooditioadl Or do you want to go as the sppliant first 19 to the staff summary ham. I think that whet we've done 19 am in whkh was the alrsisM Muld-Farm7y zooid • • 20 in the staff report for the Cmatissiaoers Is we've viol 20 without conditions? 21 to iodkaw that we know of a Multi-Family Cooditiooed 21 111 SCxFatn Tharuk you. Would dare 22 site directly to the north and that is the Arbon 22 petitions: care to speak at this time? Pia,* give y«,r 23 apartment comptex. ?bat was rezoned In 19% and we put 23 as= mod address. 24 in as on opting should you rust of 4 staff has 24 MR Roams: oood mreaisrg. My come is Wayne 2s rewmmeadod deow of straight Muld•Famr'ty zoaing 25 Rogan. My addrer is 7203 Duffield Rive Is. Dallas, Planning and Zoning Meeting. September 10, 19F7 Page 29 • Page 32 r' • • CoudeaseltSw Page 35 Page 33 Fpening 1 am petitioning the Commission tonight to l He's apparently felt the creed to sell the property so se the rezoning of 1301 Bemad to a Multi-PkmUy 1 2 get out from the conditions that be's possibly living g district, really, in my opinion in oompln°°e 3 between. he ndgbborhood and the changing atmosphere that 4 I feel that it's s low density impact, both on Bernard; Le, the Arbors apartmremi s in our site plan and within the '3alvud sector of that al mts Of 6 complex, 190 - 160 units, whatever it may be. To my 6 street. I think with the Capitol Provemed 7 south boundary is the Carriage Hills Retirement C enter, 7 Collins eom4 on, that the site is acoessible, the road e 60 units, single family singk-041Y cams uCtiou a conditions are accessible. The traffic through my sight 9 currently under comtrraetioa 9 investigations have never bend overbearing or 10 We fed we are in the middle. We are 10 predominantly traffic - witlt construction out than at times, with wxb going in and 11 sarr8wicbed between two Multi-Family districts eurrmtly 11 right now, it becomes isusoe, in my 12 seated. We have asked for the sr-7 zoning to be 12 out But it's really not of any major mr 13 changed to Muld-Family. Under my initial approach witb 13 opinion. redact 14 staff who has been most gracious in their bhp, our 14 We are planning to do a two-r. ory P 15 desire of going the plod devdopment district, am tern is NO,; Do three-story buildings. I was not opposed after 15 putting the art in front of the box? Wltbart the 16 looting at the staff a cooditioro today sod putting 17 zonin& do you need a plat? There is no plat i 7 conditions on the site that what could hurt me here? is requitement Down the road, I under" A l have the is I feel like under my 32 unit sire plan twnditioas, that and 19 we have complied already. I have not submitted that 19 requirements cmts of plat site plea to Planning 20 I'm anticipating zoning to get ova fact tad them 20 zoning ng Commission back in front of f i t 11 1 am swan of the Denton City Ordima+ovs, 21 submit But I think the overall tnrtoome of that site 22 both in development and is omstrixtioo: want to wore 22 plan should be sufficient to have satisfied evs'rybody's 23 year that I adhere to stroll; building R9ukements. I'm 23 requvem ni to open space, gsam na, tree 24 not hue to do a bad lob of oomWcdan We want to 24 Preservation, high-ad quality PIDdLIC1. 000=ft PrAm I'll turn the 25 build an upscale project The original ate ptam that 1 2S ooacrele approac}trs, a nice developmeaL Page 34 Page 36 1 had proposed to Staff just as a generality of what we 1 floor back. I'll ask if to do, not being a 7D, 2 MS. SGHERTZ: 'Itunk you 2 were going to carne is add propose 3 but just give you an indication of spproxiause units. 3 there's any questions at this time. 4 And the site plan I submitted was for 40 units. Wbem we 4 MR ENGELBREcim- Yea, sir. Have you in the 2251 s reviewed the conditions that are in our packet? S fast looked a: the property order NrveY 6 terns we had a density of 6166 units. We came in sod 6 MR. ROOM Yes, Sit, I Dave. That's what 7 platted 40. Since that time further site investigation 7 prompted me to write the letter this afternoon. a has been dooa a MR. [NOECBRECHT: Those are the condition 9 Currently, I am looking at a pI9 of 32 9 that you art requesting? 10 units. To to the plumed development route wbea 1 to M& Room. Yes, Sir, okay. _ you. I 1 haven't a plaiting process in front of me anyway, the 11 MR. ENOE> CT:~~~tiY 12 staff will approve and P R Z will approve and ooudcU 12 MR- ROGFJtS • 13 will approve, to me, was defeating the effort of getting 13 were put forth on ire Arbors apartment compSm Staff 14 in front of you tooi& to we if the inning was even 14 felt that if 1 were to follow cult on the same type of r 15 applicable. Is conditions that were placed on them it would be a 16 We do fed that the Surrounding area 16 little more suitsble to the Staff recom+mttidstiom I was in rdna the datial porteoa because I did M 17 warranty this site to go Mttlti•Famity. I don't we 17 hoping in eli is somebody cormiog in with a Single Family sad approaching Is want to cosnt before you tomitht wader a disapproved L. 19 the property. I've been a Sri Family builder for 20 19 condition of the staff. I want staff CUppOrt ' • • 20 Years I personally would not puts Slagle Farsily domes 20 going to have to be wu2[lting with thtm, bur7drDB 21 between the oodditioas I'm faced with on either aide of ~ kspoctocs, and I don't want to get off on the wrong f 22 the property. 23 TU lsrdowner I'm artemtly under oomtrad 23 boa. SC lwz: Thank y ~lo , 24 with is bat tomWi% her bon on the property for 24 questions? Thank you V"k in 15 wp oximaltly 35 years. He's living between the two. 21 favor of the petition? Anyone to weak fa33 vor? age Planning and Zoning Moiling. September 10, W i • - CondeoscitTM Page 37 Page 39 I Please address the podium and give, us your name and 1 the property that ate away from Bernard to be taller and 2 address 2 then restrict the height to those that are fronting on 3 MR AMIAS: 1301 eernard My Dame is Jose 3 Bernard which is the same and as con"cot as the 4 AiAM. 4 Arbors. Outside of that, l'il be happy to newer any S Ms- SCHERM Could you spell that, please? 3 questions. 6 MR- AIRLtS: A-i r l a s last name, Wolof. 6 Ms. cquxn+E. i have a questim 7 MS- scRUT : All right Tbank you. And 7 Mx- tour can I add one thing very quickly? I what would you lips to say? a Just -we were kind or questioning this morning how the 9 tut AIxtA& well, l don't have much to say. 9 ward stories came to be in the Arbors ennditiova. Just 10 1 was just I though they called me up here. 10 so you know for the record, in the zoning r rlinasoe one I I MS, samm; okay. Let me just ask the I 1 story is defined as 1 I foot 6 Urbes so that's Rios 12 Commissiayers if they have any questions of this 12 we're talidol about And if we're falling about one and 13 gcatlemen who owns thn property currently. We 13 a half stories, we're talking about somewhere in the 14 appreciate you Coming tonigbi. 'thank you- We l4 rage of 18 fat for the (rootage along Bernard, okay. 15 apXmiau you coming. Anyone else to speak io favor? t 5 Jul to you're!warc of what that dtmemdon really 16 Mrt RE2ML Madam Commissioner, my one is 16 man& 17 Robert Reioer at 1108 Dallas Drive, Suite 310 in Denton 17 M4 SCRUTZ And to take it a step further, 18 I am Working in this area on this pr*ct. 1 think I I it's my understarW4 that 18 fact would allow you to 19 there's se+me key points I wanted to reiterate that Were 19 build a two-story apartment complex? 20 very well put upon with Mr. IM. 0a the conditioned 20 MR. Cott. xight. 21 moing for Multi-Family, I just wanUJ to let you know 21 Ms- soma. lust for darifcatioo bemuse 22 that as far m the the feeling is on the Conditional 22 I had to ask, too. 23 Zoning. it allows the City to have protection because 23 ME ENGEUAEGKr: They I'd like to ask 24 they know what kind of conditions will be allowed on the 24 arty that a step further. Does two and a half stain 25 property. At the same time, it gives the dcocloper the 25 allow you to build three dories? Page 38 Page 40 1 fkubility to make the product fit on the land whereas i MR wU_ rd like to air if maybe Robby 2 a site Plan is much mote restrictive as has been brought 2 Bann could at kart Vauure a guns. I hate to put 3 up and 1 world hope that the Ca emission would approve 3 him on the spot like this. 4 this roving with the conditions, so that it would give 4 MS- SC1tt]CCL• Let's do. 3 the developer the flexibility to make a product that cwt 5 MIL HALT-MM: My Dame is Robby Ballrnan. I'm 6 only he would be proud of, but a product that would be 6 ■ member of the building inspection department Wff. 1 7 consistent with what you have out there right now. And 7 think to aasvra that question, primarily, would result a that's why I just wanted to speak my mind cooouning a in design isles. 9 conditional Muld•Family zoning. Tbank you for your 9 MS f IMAT2: 7tat was pretty open-co" 10 time. 10 MK wtL i think the question really is if I I M& SCHEM 7Aank yotL Arc there any I1 they we allowed two and a half stories as derived in • 12 questions? Thank you, Mr. Reim. Is there so-ow else 12 the zoning ordinance, does that mesa they wild have 13 to speak in favor? Anyone to speak in favor of the 13 three levels of living units posnbty? 14 petition? Is that anyone to speak in opposition? Any 14 tat BAUMAN. Possibly, yes. 13 opposition? Seeing woe. I'll air the petitiooer if 15 MIL HILL And if they bad one and a half. 16 there's any twthr remarks, he'd like to make. 1 will 16 it could main two stmW 17 dose the Public herring and ask staff to make their 17 UL LAUatAN. Thayer oatat g I s renal remarks. 1 a MR. POWELLr gut there Is on overall limit 19 MA BATMAN: staff recommends approval of 19 to the number of units on this Property? r • 0 20 the Multi•Farmily Cooditioned waing district with far 20 MR xAUMAK eight. 21 conditions. I would like to state that one coodntioa 21 MR POWELL t was thinking that thmuot. 22 number two on page 4 of your backup, l wasted to go n I'm sorry. Sorry to ininrupt you, Robby. I had to 23 ahead and dmW dot to match the same comditiom that 23 think that out laud. 24 is in the Arbon Ild of cooditim on page two. Thai 24 Ms. SCKEM- oommtssiom Powell, l think 23 would allow the apartments buildings to tb, balk of 25 you braves up a good point busmucb as the cumber or Planning and Zoning Meedn, September 100 1997 Page 37 - Page 40 • • Condenseltn` Page 41 Page 43 Eis ill determine bow FSgh they go and how many are 1 cumber two be the same es the coo&dw number two 00 more so than the language. 2 page 2 of the backup. MS. ooupmm- No eaapiag me. My Question 3 M& APPLE.- rll wood that =mq parking, Donner. Onthe four acr s, bow 4 M& sr~t> m Art there any commeets or parking speoes are permitted usage for this 3 further d'ixusio0? 6 Multi-Family Devdwmamt. Iiow many Wrldrmg spsow will 6 Mlt. MOxEN(>. I have a question foe Mr. Hill 7 be available to the 32 units? 7 MS. SCHERTZ Please. a Ms. BAlEMAN: okay. It would be based on E NM MORENO,, you were spaldmg to the idea 9 the number of units. I believe it is, off the top of my 9 of posibly requiring a PD on this &MIOpmemt. I'm 10 bead, one simm for an effioieocy, one and a quarter 10 assuming that some kind of a site plan is going to oome 1 I space for a one bedroom Am I going right? I I before the Planning and Zoning Commission at some poirA. 12 SPEAKS t: 1.25 for an driciaxy. One and a 12 Is that corrod, if this nmquest Is approved'r 13 half for a Doe bedroom. 1.75 for ■ two bedroom. 13 MA. H tw If this is approved, you're going S4 Ms 8A7 ]4AN: And two perking spaces for 14 to see &,-I don't think it's platted You're going to and final plat, but the actual 15 three bedmooms. 15 Doc a ~nsrY a 16 Ms.OMMDtE: nee, I've never seen a car 16 building footprints and pVWV spaoa. thutmgs tiler 17 built like that before. So my goedwa is, being 17 that, satisfying them conditions art really going to be 13 someone wbo's been through ooUW life and lived in I I aeon to the inspeulo0s depmtmau when The building 19 aputmeou with throe roommates in a two bedroom place, 19 permit application is wbmittod. So you will not we 20 where is the additional VwW4 gotmg to be? Amt they 20 wbort the po&r* tpaoes will be. You will not we the 21 allowed to park on the dregs? Wbat will happen to 21 buil&V l.veprats eider a conditioned zoolag lilac r 22 this ores 00ne all these PMIC Come borne alter ached? 22 this. It is up to the itIVOCCOOs &PWJDent to make 23 1,M aATEMAN: well, It's rally nine to -1 23 are these woditions are followod 24 think a good aswanpdon is gs ing to be Dot c very single 24 mL MORENO: okay. Thank yo%L 25 bedroom a not CMY single ptx00 is going to Its" a 25 MA Mu: One other item that I forgot to Page 42 Page 44 to be riding bicycles. Some I mention that Dace Salmon brought up is tbot these is a 1 may . wSoine ed are vehicles. .g And so that t is going to be for without bsviog a Wt dad of lnformaatitn vehicle 2 may be shared 3 the overall C-OMpkx. AS far as if additional puking 3 A10 go one ti,ft drainage, again it was s concern with 4 space is going io be provide, l would like to ask the 4 the Arbors cad it resulted is the insWLtion Of an 5 applicant to answer that one. 5 impatmdmeot, I think it's a detention Wilily, So that 6 MS. 00URm- 1 was just more cUri0tlt about 6 msy end up being a coo= during the platta* but you 7 street parkimmg. Is there going to be rows of cars oD 7 will we that wben that coma &"Ush. a the stroets if there isn't sufficient parking? No, a Ma. SCHEXTZ: Any further 000ZIMM"? 9 okay. 9 Mme LVXX BxEClrt I'd jolt like to make a , to M. GATEMAN: There is one-street puking. to comment with moped to what Mr. WU said cattier 1 1 M. OO UteDfg : Okay. Thumk3. 11 fc rding this particular area, I'd Luke to gd Dome • 12 MS. Scam Thank you. Having heard 12 gaff a brief Off report at sortt POW [o the 13 staffs futal renmuln, do I - I would entertain a 13 future reprSung the area to the welt of Bmw& 14 motion or any further Comments. 14 Obviously, to the ad Of Bernard, we am multi-Family. , i 15 Mil PowELL. madrem Chairman, I had one i5 I mw tbm,s no doubt. I think that's two Single 16 semi prepared, and, again, I'm WWW about the 16 Families k1t in this patticular am and them torybe a 17 wording. So I'll try it and then we'll see what 17 Couple more down the 0:%L But there is AM a IS happens, if i cosy. is primarily Single Family mWoohood to the west And • • • 19 M. SCKERTZ: Please. 19 I'd like daft to take a look at that w es and give to 20 MK povmu! I move wC recommend opprrval of 20 some eomments with regr-d to what is going on there. 21 MF-1 Conditioned zoning " excuse tae, lor me try this 21 Are those primarily Single Family 22 again. I rtoommCnd ere - I'm going to try it one more 22 boll wner>'f Amt we talk 4 rental M WY? Wbat is 23 time. 1 move we reWttmocod apps of Z47-022 wi 23 going an with toot era? Fly ~~t sad i .l i 24 b¢-1 Conditioned Zoning with the cooditioas drown on 24 of p wary ng amt SU%k 25 page 4 of the backup with the ezaptioo that oo"tioa 25 Lulea sett serve of wbst's goumg on In thlt4 4eklg 6mbOOd ~ Planning ties Zoaina Mewing. September 10, 1997 • r'~~ • J CoudwseIt"' pate 45 Paso 47 Ffmility. For L& now, with this particular develap1 1 AIPUCANT: No. 1 I tee added irafTie on Greenlee, 2 Ks. SCtffR2Z Tbutk you, air. Are titre any y, 3 other fatter commerus? We have direction then. The e it canes right in the moot door of this, a We lmow tltai Gillen is being four lased 4 direction is We will Want the peel MVW Rod area south of Collin, and west of S pull this can from tonight 's AscM& What do we have 6 Item No. 5 bold & public hearing and 5 Bernard that's still Single is want? Do we have 7 consider amendrnarts to Cbapta 33, Silo Ordinance of the 7 there? What a the re Boot o wan some s Code of Ordinaocrs. I will open the public bearing and s eerie of it? Have ci ti out red is them re a 9 this evening staff will be represented by Mr. Hill. 9 Neighborhood Associations? Have we tallied to the 10 r'esidwts7 SO ML ML Yurrit You This is a socood 1 I Mr. tgl.4 you're telling about up to I t mooing thug tae have had this item on the Apmdo for 12 Collins on the went of Bernard? 12 this issue. At the Work Session, at the 124 meeting. I 13 ML F21GE19nEC3rr: Right. West of Bernard 13 think that we got a fairly strung response in lams or Mi real WA of Collins. It might be - except 14 the Plsnntog and Zoning Ca u10O°s not ~ 14 and I s for llins tour lane, we rave pretty much broken off is expressing any Wt'else need to talk about the pros Collins y they wad today to ear 16 that am of Eagle sad Collins, also put it in a grad 16 and coos of sip reptotiaaa as 17 dal of pmu= as well. 17 - in Chapter 33 of the 00de. It seemed hike the way is MS. SCHERTL AM& you All in favor of 19 that Be comments (ell out. meybody bad a fairly good 19 the motion made please signify by raisins your right 19 sense of wbere they stood *ksoWcaW, at kast, 6-0. Why don't we 20 with respect to the issue of off-prt %!W rps. SWAM 2 hand Motion carries im°talk we have WMW with the city 21 1 take a beak before we g Vet Into the next couple of items 21 that be meeting. deft together *4 , sad neomveee promptly at five to 7:00. pkaoL 22 attorney's office to try to put a from Stale 22 4 23 (Break taken) 23 in essence, takes the enabling iegiAltiOn 24 and Federal law's and have applied them to the Deoroo 24 M1t3. tSC1tEaTZ: At this time, we'll recarvea 23 the planning and Zom n Commission mating. 1 will read 2s Local Code pertaining to Chapter 33. > 4s Page 46 and consider a request 1 Thee Wu a question, l believe, that was 2 1 to Item rezone No. 44, .729 hold acres pufblicrom the h he Pl Planted Development 2 asked as to wby does Ili: Planning and Zoning Commission 3 zoning district to Eight industrial zoning district 3 teed to address this issue it city council bas made the 4 The properly is k>catod oo the east aide of MaybiU Road 4 te*49 or buditled this action and we have put in the s at CAyls, Z-91-022. And this evening we were given a s staff report de ebstarr requirements that show that the 6 Planning and Zooing CO=12400 does need to make 6 lean and at this time 1 would like t sad it into the 7 ncommmdasions on matters that are cousidaed p11t of 7 record and it is from the appliant I t is a rtalttea to And it is titre. also, that by s the pull air cam Z-97-022 from the Planning and Zming s the Wooing ordinance. tr an 9 C-0mmissiooa Ageods for the needing Scptanba 10th 1 9 tefaenae, the City sign regulations Put Of the 10 will reply with detailed information for the planned 10 overall zoa:'og tted'irtlatce for the City. If there an l l questions about dA I'd be bsppy to answer those, but 11 do do9mwC I understand w all led paid will apply to 12 I'm not going to spend a lot of time on those. ~ 12 the n-submittal for a Law Plmoing and Zooini ens that we've in the 13 Commisaion meeting. ?bank your, Ronald T. )ones. At 13 The pfaOOd i 14 Off report preay much involved, furl Of all, what 14 this time, C quest Siamas, it at our understanding as the draft version of the adiamoce. And for 15 grant this rog teat given it's my tmdaRandiug that 1s You sea , anybody does not lave a copy 16 we do not - 16 folks in the auditoce if 17 not BUCM we need some kind of diirectioa 17 of the draft ordi nonce, there are aopfea svsUabh up Is MA POWELL I'm for song to the next ite= is bore. 7be coe guestioa dot we thought we maded to _ 19 Ms. SCHUTL• u there any further l9 take a look at was the metbod of taxation for signs sod • hero to Weak either for 20 we went through quite a bit of waft to talk wits the 11a o ping? 20 of ang? Is Is there e anyone anybody hoes other than the 21 Denton CM* Appraisal DitWd Office. And their t `1 22 applicant either for of in oppoaitioo? if dov Is mat, 22 ft bottom line for ft mdhodolap used for tattles In 23 1 also would like to give the applicant it chance to 23 the City of Denton, sod I believe It's fa all of Do" 14 speak. [a the process of reviewing Year letter, Is 24 Cauoty for that t>tatsa, Is dot mff-pseatise taros ad's f 2s then amythieg elan you would lam to add? 2s 00midered to be personal property. And in fivow Planning end Zoning Meeting. Sept=ba 10o 1997 Prtge 45 - Page 4 i 4J • E-97-071 ATTACHMENT 3 ORDINANCE NO- TEXAS, PROVIDING FOR A CHANGE AN ORDINANCE OF THE CITY OF DENTONsING DISTRICT IN ZONING FROM SIN L~~PLE-FAMILY _ 1 ZONING DISTRIC?ICLAT D SSIFICA Il USE DES FOR A 2.158 TION AND USE DESIGNATION WITH CONDITIONS (MF-1-C) ACRES OF LAND LOCATED ON 1HE EAST SIDE OF BERNARD A $2 EENLEE; PROVIDING FOR A PENALTY IN THE MAXIK M AST OF VIOLATIONS THEREOF; '04D PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. ;Wayne Rodgers, on behalf of W. Rodgers Homes, Inc., initiated a change in zoning for a 2.158 acree tract (land from the Single Family - 7 (SF-7) zoning distrassification with 1-cc)zon ng dist ict tclassificato the andiuse desig ation; and (MP WHEREAS, on September 10, 1997, the Planning and Zoning commission recommended approval of the zoning change; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW THEREFORE , THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: WC•iI I. That the zoning ofdlandidescribedfinaExhibitdAuis designation of the e 2 2..158 acres changed from the Single Family - 7 (SF-7) Zoning district Classifi- and use cation and use designation to zoning distr ctMuclassification _ I with conditions (MP-1-c) ordinance of the City of designation under the comprehensive zoning Denton, Texas. cFCTIOH II• That the district shall be subject to the following conditions pursuant to Division 5 of Article III of chapter 35 of the Code of ordinances: 1. No parking spaces shall be allowed adjacent to Bernard Street. ~ exceed 2• The maximum height of any proposed building shall on not egexceed 2 1/2 stories, however, any buildings fronting Street say not exceed 1 1/2 stories in height. percent (201) of the site shall be used • 3, A mini opens of space or twenty and shall be located in • • recreational uses, or rear yards. for r open f areas not otherwise situated for front, side, t I d. Setbacks shall be as follows: front yard (Bernard) - 25 feet Side yard (interior) - to feet side yard (adjacent E to single family residential fronting L' Bernard) east property line for Rear yard (10 feet except along the drainage purposes.) Official zoning map is hereby That the City's district classification. amended to show the change in zoning sFCT~ ION I9. That any person violating any provision of this be fined ordinance shall, upon conviction, a sum not exceeding $2 * 000 - 00. Each y that a of this shall constituted separate andisistinct olfenae~ence is violated SFCriON V. That this ordinance shall beecome and f ective fourteen ( days fr the date of its pa ected to cause the caption of this ordinance Secretary is s hereby dir the official to published twice the Denton within ten (10) days of the newsp spaper of the City of f Denton, Texas, date of its passage. , 1997. PASSED AND APPROVED this the day of JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A.PrROVED, AS TO LEGAL FORM* HERBERT L. PR'O • BY: • • PAGE 2 t 1 • 1 Exhibit A gut OF 7t V& Carr OF O %VKJ 1l OF K7OQ% . Kw A VNl Cr U1O W1 Mim K Mt RS1P2d PRl LM1. 46%00 No 03.96 M Crf C %Wm O vI * mom. RS4 AO KK A Pon or X " IRK7 Cr UPO OES00[D a iE PAW 9, c 5 Imp K op= O vwm n. PAOt 43k = wccm Cr wo*, wpm. rim MO 104 WA P.pICOtrlr C4VJND b MIDIPS' - - K~4 J: rt1 w*p won O 514 r rdl w l t4w 9ot7o. Oro Wt IESS IRt Or SAO 7 XK VWT 5o Wl6 N7 P Pia RAI Co"'m p(y.( w !if SM16 a Of W Uf Of SAO 1 At1f n4ti; _ _ M,a Ertl W WA a Mt SWPMMt9 COOO Or A 1 AJC 700 d IMO MM r I C two a 1*SP61D: ^4oa W,MOI NtWp Le OF LO 1 1UC IRKS N WE W t SOJKACOw0 co A S AM 64CI MM N V. MPLO K P1rOM Or ra MAIM r'O"tVON S7!mn Lot CF w S IGt IRKS 171 WA4 V M A 0 Or wolon - A;RIR ItStle AN r MO f1Wr41qr 6tIC[Ce or MM OW W4 K Q7aO15t Cr KWOM WAK9 AO O :WV F $ PRAM. DW tl S7 V rM SCUM'S OCO ES ]S MM 77 KOM UP IRO, M r4ja P10=" to a " Om tom SN.* fur KO!M is MGM SO YNAlS T go" US: - Dpll a A fORI SIH ro NCfDC - ?KW III of rw L67 a Al PKM 1;L FOU4 - IK%cc L A PO,fr r 11 W kmr*.. roeA w S.- 4r. Wk 40 rOlt3 M wcm M vW41 04 t r PW. W,.a IPS Be rm SWAN a mpg$ M We" K wom Irv ti a "I, N WI r4 W. rul SW ?o a PLAT O K~, OCL(A W 1 151 KAS %W 01 ,[S6 - . KMMO 6 M n Of IK POIR O ■r*6^; a M " KV Pro. A ftWC CM rWPO ON M U61 SrJE OF RfMC 141 IIIL 34 W FM NW 4 ~ . ZWIt:.S 12 low" 51 W41Ot PEt, r.aw+1 6 &SO Or IP" Cop ■ SOEWU Cl4q" CA tt VX%m F MPO Or KOWIO 00 ;KPQ( f&M 4 AC pp" ON a p Vri *~Q Wft50 Or Ia l. IltoM PEW XDMPL V M 4NRl MM M447 MM* Wl W MMM n r!.w S e c ofs CEVVCM (17P i. W-A ► MY PMMM. t Sk~FAf PIQYM A R"Va ►14C R*AwR AMW MM W 10IM& MUOD t4 1.,t FROM WW MI~Rf'd *4V Or ROC WO iFa COM2P ✓)1MIC5 Mrtltl W9 PRy(;7 15ACSD IIN1r K IO60N1 N[Pr/I 7 Kr of . R OEr `if JrY rx' PvlSasw ,Aw yAnc,a Po >•ff t•.».~....•.'^ uPErn r.~l.:~r rl c Co 7t16 tc f'' w ;JAS OF OAlJ6 K*X {yam • P Mt. O. IPCO79CPN;O A 1rOI11Rr KC40 A +O /Of s.o tACUO. Rv6 #KAOA ARA ftft" 000 a of a Sr N x A1601 rCK w" t SIIROIfO to R[ tW[COK w5r1t1[v A/O POrOOIDOID iro Mt r1MR FM K IIMWR 40 CO6o0A-06 r4VI Cr,OI wiOl orflu ~ //wc .I Me w1 aw oo~w. fvu alew~+ ralr~lllrr J1PO C IRI • ~'+5--.~•/~ i ~.J 7_: ~ A~L•• j.F, a `I~ r ~ ~ Sr?. Ik i ~ r ~ ~I I G r • PLANNING STAFF REPORT .O Ao~ha. >ro Agenda Item DATE: October 7, 1997 Date M 1-917 TO. Mayor and Members of the City Council VIA: Ted Benavides, City Manager gr FROM: David Hill, Panning and Development Direct SUBJECT: DRAFT AMENDMENTS TO CHAPTER 33. 'SIGNS AND ADVERTISING DEVICES' I i ACTION REQUESTED: Questions were raised by Council members at the Work session on September 23rd regarding proposed amendments to Chapter 33 of the Code of Ordinances. Staff has researched the questions and offers the following Information: Iasue ft How mnv of the existing signs sdveRlse Denton fwslnssses9 There are 109 billboards located along Interstate 35, from city limits to city limits. Of these, 45 assist in directing traffic to a Denton location; 3S advertise businesses not located in Denton, and 29 advertise a Denton business but do riot give directions to the business. These figures are the resuft of a recent survey concluded by city staff. Issue •2: Please exptaln the removal optiora As reported in your previous backup, several removal options are available. A description of these include: a. Tax Abatement Tax Abatement is a method of cash ownpensation for a sign. After the sign control board determines the compensation amount, the council may authorize the cost of the sign, including reasonable Interest, to be abated over a period not to exceed five years. The Property Redevelopment and Tax Abatement Ad (Chapter 312, Texas Tax Code) authorizes a municipality to abate municipal property taxes that otherwise wvud be owed by the owner of a sign in exchange for the removal of the sign. The abated taxes may be designated for the real or personal property that is held by the owner of the sign. b. Community Beautification Fund - The Community Beautification Fund is a method of cash compensation and can be used In • connection with tax abatement and can allow for outside donations. When used with tax abatement, Section 216.010(c! of the Lccal Government Code authorizes the city to create e 'sign abatement and commuNty beautification fund' from certain property tax revenues. Each year during the annual budget process the City Council may, but is not obligated to, cause monies to be placed in the fund out of the previous yeses ad valorem tax revenges from signs. The city may then make payments from the fund to the owners of signs. • C. 2 or more for 1 swab - • ~ TNs is the voluntary removal c f two or more older (wooden) billboards In exchange for one newer (metal) sign, The life of a wooden sign is approximately thirty (30) yeers whereas the Ida of a metal sign can be as much as three times that of a wooden sign. Since marry of the wwden signs have existed for at least twenty (20) years, statistica3ty, their projected life span is almost over. Trading two (or more) of the older signs for a newer sign prevents the possible loss of both signs in the event of severe damage that would prohibit their repair or r reconstructio a. d. LeaeBBW Most billboards are located on property that Is {eased on an annual basis. The lease allows the billboard to remain on the property for a set number of years and behaves the same as a tenant and landlord lease. This removal option would allow the Oty to pay the landlord the remainder owed on the lease In exchange for the removal of the sign. This option would require turther research to determine appropriate procedural requirements. e. Attrition This is the most common form of removal for cities that prohibit the construction of new billboards. This simply proNb'ds the reconstruction or repair of a non-conforming sign when the cost to repair Is more than sixty (60X) of the cost of a new sign. If the city chooses to proNbft new signs, over time existing signs will come down naturally since dilapidated signs and extensive repair of non-conforming signs is currently prohibited. As reported to you in April, the storm of April 22nd severely damaged 11 non-conforming off premise signs (billboards). Of these, 8 will not be able to be repaired. Iasue #3#3 What Is the clt es standjwlM on Iltlastion due to rumor of iltigation with Fort Worth and Houston? The prohibition of billboards was determined In Metromedia vs. San Diego (1681). At that time, it was decided by the U.S. Supreme Court that'mxmicipafities have the zoning powers for the purpose of enhancing the visual beauty of their communities'. Since 1981, Wrsuits have been filed for various reasons relating to billboards but none have caused Metromedia vs. San Diego to be overturned. This is the case that authorizes the city to prohibit the construction of new billboards. The City Attorney's Office will be providing you with a separate analysis of any litigation with Fort Worth and Houston, as you had requested. Is us #4 Is the Sign Control Hoard Involved In other removal ootlons. other then cash compensation? Sections 216.DD4 and 216.005 of the Local Government Code provides the requirements for the creation and duties of the sign control board. The sole duty of the board is to determine the amount of compensation to the owner of the sign. Section 216.010 of the Local Government Code allows the sign control board to act on the tax ` abatement and community beautification fund removal options only for the purpose of determining the compensation amount of the sign. Afl other removal options (2 W 1 swap, {ease buyout, and • attrition) do not require the sign control board. issue #S ingNctions to Revfse tt» Draft Ordinance. As instructed by Council, staff has removod the proposed one year time limit for temporary signs. • • gar ENCLQSURE$: t. Chapter 218 - Local Government Code 2. Draft Ordinance. 2 - . - it • i ; a ` r t t Poor Qua ENCLOSURE 1 215.071 LOCAL GOV£RN111ENT CODE SUBCHAPTER D. REGULATION BY l CHAPTER 2IL REGULATION OF H04E-RULE MUNICIPALITY 1I SIGNS BY MUNICIPALITIES 1 215.01L Municipality Caered by Subeho0er SUBCHAPTER A. RELOCATION, WS eubcba r applies Orl to a home-rule mw1ki- REC OF SI, OR Ibi pre y REMOVAL l7VAL OF SIGN qty. Section Acv 1997,7M Leg, c)L 149. 3 1. eft Sept 1, 1967. 21&001. Legfelath'e InteaL 216.002 De6niti rA 1 215.07L Dalrkq Shughlerhouaea 216.000. )d"k+pd ReauLtloa 216.003& PAT"tory Amhocity Not Applicable to 00- 71e municipality may in.-ped dairies, slaughter- Premkra Under Cvtaia CkrW=tatntL houses, or slaugbter pens. In or outside the municipal 1&6. MMw&i* of Arrant of Compeantioa limits, from which milk or meat is famished to the 1216.00005. D Determination a ire Rebated Sips re2i3eeta of the municipa)ity. 116.007. Compematluw for Remvt+vt'ted S1aa. - Act% 1961, 50th L.ea. eh. 149. 1 t. a Se1X• t. 1997. 216009. CompenraWM for Reoatil d OQ-P+emLee 11&009. Coropenaat4in for Aemoral of Oo-Remlae Sian f 215.013 Vehicles for Hire 216.010. Method dCampenwtioa !16.011. Tax 44TmLral of Property With NootcedonnIng The municipality may license, IN the charges or ri&012. Special Prmit wtu for Sg na Urokr Sias OrdF fares made by. car dhetv,i•e reguh to any perwn uiw ranee b3 Effect on June 1. 1965. - , oanti operates, or controls any type of vehicle used on 216OIS, Exceptiaut the public ctr" or allels of the municipality for 216.014. AM*&L «n freight for compmutioa llf,ISft l5ec+iEffect Of t Imalklity. ear'rYing Ie• Jter or om 216016to to 216 16.9170 rrxn+rd Stn egxnsiml Arts 19ER. 70th Leg, ch. 149. 1 1, eft Sept 1. 1097. Sl'BCFiAPT'ER Z. S11S('ELI.ANE0L15 I'ROVIS>ONS 121S.07n, Operator of Vehicles 216901. Reau!atka cf Siarw by llcrne•R* MunkipaRy. - 2I690L Reaubtion of W"r Slpu is Munlcip Uys Ex• ne municipality may prescribe the qualilkations of tratemtortd 1ar4,5dion an operator of a vehicle that uses the public streets in the municipality, SUBCHAPTER A. RELOCATION. Added by Acts 19tu, 74th I.ea, ch. ms. i A eft Sept 1. RECONSTRUCTION, OR 19IS. REMOVAL OF SIGN I nv 19M AR r.ry,e/ed u MW hY reR a to (AW" 215 dthe 1216.001. Legi•ldhe Intent raemmeet Codr. - 1 215.0;4. Theaterq Shows; Amusements (a) This subchapter is not intended to require ■ mimkipality, to prmdde for the relocation, reeoostrue- The municipality may regulate the )ocation and tkm or renwvd of. any sign in the munidpality, roe is conduct of: it intended to prohibit a munklpay from requiring the reiocation, reconstruction, or rmma) of any sign. (I) theaters; 71& subchapter is Intended onions to autborlae a munk- (2) rm%ie theaters; Spdity to take that action and to establish the prwe` • i (3) bonling d)eyst and dare by which the rmlt>feipatity may do to (b) This subchapter Is not intended to require a le) other plates of public amueenlenta municipality to make a cash pfipmt to compensate Acta 1987, 7011, Lea. 0 1.9. 1 L tM Sept, 1, 1987, the owner of a sign that the mludclpCAY regnhea to be relocated, reewAruocted, or removed. Cash psy- { 1215.07s. Police Power meat is estabbehed as only one of several methods The municipality may ikenm any lawful business or ft'om which a mudrlpabtu ruy 6,mw I,r eompeasat- • ! occupation that is subject to the police power of the UK the Owne' a( a AgIL - • • J Municipality. (c) Thb vubehapta is not intended to afl'ed am Ads 1997, 70th Leg, eh. ILA 1 1, eft Feept 1. 1907. emfeent domain proceeding In which the taking of a • - 352 tws' 0 1. ,e•- .i, td•_iY~ .K .•'Rr..~w ~.a~l.r Y ~.t{i Yr ..e _ ~ • • T 1 Poor Qua - - - r - UND C{SE & RELATED ACTIVITIES 4 216.DO5 sign is only an incidental part of the exercise of the (1) on-pvnises signs In the extraterritorial Juris- nent domain power diction of munkipahoes in a eoanty described by eminent 70th Leg, cis 149, f 1, erT. cepL 1, 19S7. Section 17, Article P, Chapter 221, Arts of the GM Act* 19b7. Leg laturs, Regular Session, 1986 (Article W4v4 1 216.002. Nfinillons Vernon's Texas C'mT Statutes), if the c1rc`2Mtances lit this wbchaptm described by that section occur. AM Sign" (2) on-premises signs in a marticipalit's extrater• Iy `gt means outdoor structure, sign. r{torial jurMktion in a county that borders a eoua- pla, light desire, figure, painting, drawing, me$- t described by that hip. sage, plaque, poster, billboard, or other thing that La y in designed, intended, or used to advertise or inform Added by AM 1983, 719 Leg.. th. t. i 61(el, e2 Aug. 2& es. (2I "Onptemise sign" menu a freestanding sign Aug 310A 1 by .tct+ 1939. 73rd Le{, eh 582, 11 1, etL kkrtif)ing or adverttsing a basirxa% person, or activity, and installed and maintained on the same 1 216.004, murtkipal Board premiscs as the business, person, or activity. I (a) if a muncipaity requires the relocation reeon- gn, t3) •Off1leemist sign" means a td tl laying i struction, or rema'al of a s WMIn its WPM" Rn ad\ertisln that Pertains to a busir~. Person ! 8 ~Y ~ duniU or extraterritorW }ursdiction, the presldI4 nrganlration, activity, event, place, service, or Prod- I offarr of the governing body of the municipalitY sba'3 ang uct not principally located or primarily manufac• appoint a mun cipal board on sign control. The board turgid or said on the Premises on ahkh the sign 6 mast be composed of. Dart. Art. D67, 7txh W. ch. 149. 1 1, err. tiept. L 1357. 111 a two real estate appaLsers. eacb of wbom mt be a member N good standing of a nationally r"- 1 - 1 216.003. Municipal Regulation nized prufesslonal appraiser society or trade orgard- ratioa that has an established code of ethks, e&- (a) 4rlrjcct to the requirements of this subchatker, tatirxral pnYram. and pro{es'ional certification pro- :S a municpmlity may rwjWre the relocation, recufu, ruc- t ty. lion or renwval of any sign within its owrtwate 11MRS ( gram; }:s. 12) one person engaged In the alga baainesa N or emrateniturial Jurisdiction. the municipality-, (h) The owner of a sign that is required to be (3) one employee of the Texas Department of relxa',cd, n'ctie4ructed, or reinQ%ed 6 entitled to be Tru Cat on iv ho is familiar with red elate vaIu- eornik- Sated b the municilWity for rants W"061ted ` with the relxatii^ 1womtruvtim. Or remold. at nos in eminent doruir+ proceedings( and (4) one architect or Iat>bscaPe arrhited SsYnsed (c) if a1q~liration of a municipal regulatitm auuld by this plate. requite recur truclion of a sign in a manner that (b) A member of the board is appointed for a term e would make the sign ineffective for its intended pur- a pose, such a-s by subetantiaEly Impairing the sign's of trco years. ruc. visibility., altplkatk-n of the renulation Is treated as the A,cis 1987, Toth Leg, ch. 149, 1 1. ed Stpt 1.1967. Amend- w is -required removal of the sign for purposes of this ed by Arta 1989. Ttst Leg, rb. 951, 1 L eR dept, L 191 Arta 1975. 7;th Leg. CL 165, i MM M Sept L IN& ring requireder. miic- rn {d) In lieu of paying rompcnsatbn, a municipality ! 216.0113. Determinalbn of Amount Cr Compen- • oce. may exempt from required relocation, remnetrucllo L salon or removal those signs L0%1t Sly In Place on the effect (a) The municipal !ward on sign control aha0 deter- tice bate of the requirement mine the amount of the eornpemation to whkb the re a Acts M7.70th Leg, eh 149.1 1, efr. se 1, 19,s7. Amend. owner of a sign that is required to be relocated, Late ed by Mi 109. 714t Leg, 6 1, 1 67rmt e2 Aug. 2&199. reconbtructNd, or removed is entitled. Tan determLrA- es to pry- f 216.103:5. Regulator] Authority Not Applicable tlon atoll be made after the Owner of the AP Is gists hods to On•ptemista Signs Under Certain the opportuniq for a hewing before the board about • nsat• Circumstances the tsaues involved In the nutter. • • The authority granted to it munkdPebty by this (b) In any laud proceeding In whkb the reabw any subehapter to require the relocatiat, reconstruction, ablenese of eompensation is at bsye and the eamper- of a or removal of signs does not apply to sation is to be presided net a period longer than twos Sag • • Poor Qua , ent, 216.005 LOCAL GOVERNMENT CODE ' year, the court shall cwsider whether the duration of I if the sign did not generate revenue for at least one the period is reasonable under the circumstances. I! month preceding September 1, 1965, this mroputation Aets 1984, 70th Leg, eh. 149, f 1, e8. Sept. I. 1987. of eompetreable costa is to be made using only the average annual gross revenue received during the two 216.006. Compensation for Relocated Sign yeam preceding the month in which the removal date The compensable costs for a sign that is required to of the sign occurs, and by multiplying that amount by o relocated include the expenses of dismantling the three. In determining the amounts under this pan- sign, tranm"rting it to another site, and reerecting it graph, a sign 0 treated as if it were in existence for i The board shall determine the tompen_uble costs the entire month if it was in existence for more than ::cording to the standards applicable in a proceeding 15 days of the month and is treated as if it were not i , )nder Chapter 21, Property Code. In addition the existence for any part of the month if it wu in municipality shall issue to the owner of the sign an existence for 15 or fewer days of the month. -ppropriate permit or other authority to operate a (b) The owner of the real property on which the ,ubstitute sign of the same type at an aherr ath a site 1,gn war located is entitled to be compensated for any of substantially equh'alent value. H'hether an sherna- decrease in the value of the real property. The tine site is of substantially equhalent vane Is deter- mmpenable cost is to be determined by the (ward mined by standards genemny accepted in the outdoor according to standards applicable in a proceeding sdveel-Ing Industry, Including +isimity, traffic count, under Chapter 21, Property Code. and demographic factors. The munkipabty shall com- Acts 1957, 70th Leg, ch. 149, 1 1, eff. Sept. 1. 1957. pensate the owner for any increased operating costr, including increased rent, at the new kzar:~n. The 1216.1M19. Compensatlon for Removal of On- owner is responsible for designating an arternats,e Premise Sign Fite where the erection of the sign would be in eompll- For an on-premLse sign that Is required to be ante with the sign ordinance. removed, the compeasable cost t+ an amount mmput- Acu 196'7, 70tb Leg, eh. 149. 1 1, e¢ Be/e. 1, 1:1c7. ed by determining a reasonable balance between the 1216.007. Compensation for Reconstructed Slgn original cost of the sign, less deprecia5^ and the current replacement cost of the Fign, 183 an adjast- The compenssble costs for a sign that L% required to menl for the present age and condition of the sign be reconstructed include expenses of labor and mate- ActA W. 71hh Lrg ch 189, 1 1, elf. &epL 1, 19rli. rials and any loss in the value of the sign due to the reconstruction in excess of 15 percent of that value. 1 216.010. Method of Compensation The board Fhall determine the compenuble costs (a) To pay the cwnpensabk costs required under according to standards applicable in a proceeding this subchapter, the governing body of a municipahty under Chapter 21, Property Code. may use only a method, or a combination of the Acts 1957. 700 Leg., ch 119, 1 1, eff. Sept. L IA", methods, presented by this section. 1216.009, Compensatlon for Removal of Off- (b) If a sign is required to be relocated or recon- Premi'r Sign strutted the municipality, using pursuant to the (a) For an o?-premIsse sign that is required to be Property Redevelopment and Tax Abatement Act removed the compermble cost is in amount mmput- (Chapter 312, Tax Code > may abate municipal proP- ed by determining the avenge annual grow revenue erty taxes that whemise would be owed by the owner received by the owner from the sign during the two of the sigm The abated taxes may be on any real or years preceding September 1, 19885, or the two years personal property owned by the owner of the sign preceding the month In which the removal date of the except residential property. The right to the sbate- sign occurs, whichever Is less, and by multiplying that menl of taxes to assignable by the bolder, and the amount by three. If the sign has not been In exis- assignee may use the right to abatement with respect tense for all of either two-year period, the average to taxes on any nonresidential property In the same annual gross revenue for that period for the purpose taxing jurMetion In a manicipabty where tax 1 of this computation, is an amount computed by ditid- sbatement is used to pay mmpensable co" the meta include reasonable interest and the abatement period ing 12 by the number of months that the sign his been In existence, and multiplying that result by the MAY not exceed foe yearn. • total amount of the gross revenue received for the (c) The municipality may aDoeate to a special fund • • period that the sign has been in existence. Howrver, In the municipal treasury, to be known w the sign SSI ~ i • r - Poor Qua i LAND USE & RELATED ACTIVITIES 4 216.014 abatement and community beautification fund, all or made in accordance with the oppticable praedures of I any part of the municipal property tales paid on Section 6, Chapter 221, Acts of the 69th Legislature, ! signs, on the real property on which the signs are Regular Session, 1955 (Article 1015o, Vernon's Texas located, or on other real or, personal property awned CM I Statutes), and that law* is continued In effect for by the ourer of the sign. The municipality may make this purpose. payments from that fund to reimburse compensable Acts 1947, 70th Lej, cA 149, 1 L eII. Sept L 1991. cost: to oumem of sigm requ(red to be relocated reconstructed, or removed. i 216.011 Exceptions (d) The municipality may prmide for the issuance (a) The requirements of this subchapter do t of of sign abatement revenue b(x c& and use the proceeds apply to a sign that was erected in violation of loa'I to make payments to reimbure costs to the owners of ordinances, laws, or regulations applicable at the tires . signs within the corporate timits cf such municipality of its ertction. that are requited to be relocated, reconstructed, or (b) The requirements of this subchapter do not re moved. apply to a sign that, having been permitted to remain le) The municipality may pay compeamble costs in In place as a nonconforming use, is required to be c-&, h. removed by a munkipahty because the sign, or a Acts 1957, 70th Leg, ch 149, # 1, elf. Self. 1. 154%1, Amerxi- substanl(al part of 1% is blown down or otherwise ed by A XL' 19'6r.4.-4 1..t Leg., ck 1, 1 51ra1, off. Aug. tk 1969. deKroyed or dismantled for any purpose other than f 216.011. Tax Appraisal of Property With Soft. msiratenance opentiorL% or for changing the letters, conforming Sign symbols, or other matter on the sign. For each nonconforming sign, the board shall fie (c) For purposes of Subsection (b), a sign or sub. with the epprolaiate tropertr tae sppml•al office the atantial part of it is considered to hm-e been destroyed board's compemcahle costa value appraisal of the sign. only if the cost of repairing the sign is more than fan The appraisal office shall consider the board's apprais- percent of OR cast of erecting a near alp of the some J when the ufr)ce, for proixtty taus purposeti deter, type at the same location. mines the appavised value of the real property to (d) This subchapter does not limit or restrkt the which the sign Ls attached. eompensation pruviskns of the highway beautification Acts Ilk7, 7Uth txlr, rk 149, 1 t. efr. Self. I, 1~xs7. pm-lsiuns contained in Article IV, Section 1, Chapter 741, Acts of the 67th Legislature, Regular Session 1 216.012. Sptciai Provislons for Signs Under 10.x1 (Article 4477-9a, Vernon 's Teas Ch,7 Statutes). Sign Ordinance In Effect on June 1, Vt IW 70th Leg, eh 149, # 1.eff. gept 1, 1967. Amend- 1985 ad by Arlx 1991. TAd Leg, rk 14, 12541824 off. Sept 1, (a) This section applies to compensation fur the 1991. requited relcation, recow4tnction, or renmal of a sign under a municipal ordinance In effect on June 1, f 216.014. Appeal I9,ti, that provided for compenation to the sign own (a) Any person aggrieved by a de6ion of the board er under an amortiution plan. may fie in dL%trkt court a verified petition setting (b) For a nonconforming sign erected after Septam- forth that the decision 6 illegal. in whole or in part her 1, Mi. or for a alp in place on that date that and specifying the grounds of the Megaliky. The later is made nonconforming by an extension of or petition must be filed within 20 days after the date the • strengthening of an cad nwice that wan In elrect on deciion is rendered by the board. June 1, 1%C , and that provided an amortization plan, (b) On the filing of the petition, the court may fawe the amortization period L the entire useful fife of the a writ of certiorari directed to the board to review the sign. If It has not already done so, the board shall decision of the board and shall prescribe In the writ determine the entire useful fife of signs by type or the time within which a return must be made, which category, such as morn-pole signs, natal sigati and must be longer than 10 days and may be extended by . wood sigrs. The useful life may not be solely deter- the coati. mined by the natural life expectancy of it alga (c) The board is not required to return the original • (c) Compensation for the relocation, reconstruction, papers acted on by it, but It shall be suficient to ♦ • qr removal of a sign that, on September 1, INS, wan I return certified or swore copies of the papers. The ' not In compliance with the alga ordinance shall be return must concisely set forth all other facts as may Jai t. • rY 1.11.. J.-~~~.. i-...~ . Poor Qua 1 ¢ 216.014 LOCAL GOVERNMENT CODE be pertinent sad material to show the grounds of the 1 216102 Regulation of Outdoor Signs In Munk% decision appealed from and mitt be rerdied Ipality's Extraterritorial )urlsdlctim (d) The court may reverse or affirm. 0011y or (a) A municipality may extend the prosislons of its partly, or modify the decision brought up for review, outdoor sign regulatory ordinance and enforce the may not be ariowtd aping the board ordinance within ita area of extraterritorial jtuisdic- tq unless it Costa appears to the court that the board acted defined by re Chapter 42. However, any may allow with grass negligence, in bad faith, or with malice in may' in tier of the e regulatComnitsiJort to ory ordinancences let all with the Texas ow the decision appealed frmu door signs Intthheomunidn ps]Ws extraterritorial juric- Arta 1961, 70th Leg., ch. 149. 1 1, eff Sept 1, 1%7. &tIon by filing a w.-itten notke with the comrnlasloru 1 216.015. Effect of Partial Imafldity, If a murddpatity extends its outdoor sign ordi- nance within lea area of ex ratemtorial jwisdidlon, (a) The legislature declares that it would not have the municipal ordinance supersedes the regulations enacted the following without the inclusion of Section imposed by or adopted under Chapter 337, Transpor- 216.010(0, to the extent that praislon exchAn meth- Cation code. ods of compemation not specifically authorized by that (e) The authority granted to a municipality by this 0°' section to extend its outdoor eign ordinance does not (1) this subchapter, apply to: (2) Section 216.902: (1) on-premises signs In the extraterritorial jurls- (3) Art'cle 2. Chapter 221, Arta of the 69th Legls- diction of municipalities in a county described by lawns, F Vier Session, 1985 tArticle W74va, Ver- Chapter 394, Transportatkn Cade, if the eircum. non's Texas Chi] Statutesh and stances described by L'rat section occur, (4) the amendments made to Section 3, Property (2) on-premises signs in a municipality's extrater- Rederelopment and Taw Abatement Art (Article rftorial jurWllction In a county that borders a eouo- 1066f, Vernon 's Texas Chil Statutes)' by Artick 4, ty descn'btd by that law, and Chapter 221, Acts of the 69th Leglslxuie, Regular (3) on-premises signs in the extraterritorial juris- Session, 1965, diction of a municipality with a population of lb (b) If that exclusion of akernathe methods of coca- tri ion or more that are located in a county that is pen-ution is held Invalid for any reason by a fuel ad)acent to the county in which the majority of the judgment of a court of competent jurisdiction, the land of the munle)pality is 'orated enactments described by Subsection (a) ace said. Acts 1987, ttxh Leg, tX 149,1 1. eM Sept 1. 1967. AmerA. Acts 1967, 70th Leg., ek 149. 1 1, efr. Sept. 1, 1967. ed by Acts 19M. 71st Leq, eh, 1. 1 bast, eR. Avg, 2R. 100,, Ada 1973, 73rd Leg, ch. 4R¢, I t e2 Aug. 30. SPA; Acts Repe4vt Sm am. V.T,CA. Ta Code It 11:.2x1, alt 202. 1995, 74th Leg, eh. 166. 1 22(461, eff. 6ept I, 199& (Sections 216.016 to 216.900 resen•ed frr expansion) CHAPTF,R 217. MMICIPA1. REGULATION OF SUBCHAPTER Z. MISCELLANEOUS NUISANCES AND DISORDERLY CONDUCT . PROVISIONS SUBCHAPTER A. REGULATION BY TYPE 1 216.60L Regulation of Signs by HomrRule Mu. A GENERAL-LAW MUNICIPALITY J nkipalily 217.001. Munk o.Uty Covered by Subehapter. (a) A bome-rule municipality may license, regulate, III.OX Nuiss"m control, or prohibit the erection of signs or IoWboards 217.006. Dtsoederty Condit by charter or ordinance. (Socd" 217.064 to 21T.020 ramed for expandoe) • (b) Subsection (a) does not authorize a municipality SL B GERt B. AM, MLA ION BY ITY PE to regulate the relocation, recon.ction, or removal of a sign In riolatlon of Subchapter A. 211021. MunEipetlty Caved by SubdwV( r. fiTA?3 Nufavle- Ads 1967, 70th Le`, eh. 149, 1 1, eR Sept 1, 1%7. (Sectksa 217.023 is 117.6{0 resened far espana4onl ' J56 i y1. apt . • • ENCLOSURE 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 33 "SIGNS AND ADVERTISING DEVICES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO THE PROHIBITION OF OFF-PREIr4SES SIGNS WITHIN THE CITY OF DENTON AND BOTH OFF-PREBIISES SIGNS AND PORTABLE SIGNS WITTIIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND AMENDING REGULATIONS APPLICABLE TO NONCONFORMING SIGNS; PROVIDING A PENALTY IN THE AMOUNT OF $2,000.06 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABIUTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFWnVE DATE. WHEREAS, the Highway Beautibcation Act passed by the United States Corgrm in 1965 found that the erection and maintenance of outdoor advertising signs in areas adjacent to the Interstate Highway System should be controlled in order to protect the public investment in such highways, Lo lgonote the safety and recreational value of public travel. and to preserve natural bea~++ and WHEREAS, in 1981 the United States Supreme Court in ~aromedra Inc v. CityCihy of SanSan ULM, 453 U.S. 490 held that the underlined language above constitutes substan" govemntw" goals and that aesthetics and traffic safety are public purposes suilicient to support the regulation of signs, inclt4ng a ban on off-site commercial signs; and WHEREAS, the construction of signs, billboards, and other outdoor advertising structures can present structural hazards which threaten the health and stfety of the citizens of the City of Denton by creating impediments and dangers to traffic along thoroughfares and easements; and WHEREAS, the control of siting and placement of signs, billboards, and other advertising staKtnues will promote and enhance the efficient and safe use of public thoroughfares; and Wf iEREAS, the cortirnued cotnAnKtion of off-premise signs leads to 6e diminution of property values for adjacent properties and thereby adversely impacts on the taxable value of such affected propaiies; and WHEREAS, the amthW construction of off-premise signs causes increased risk of distraction and danger to citizens driving and walking on streets and thoroughfare; and WHEREAS, portable signs present special traffic hazards when towed on public streets or , displayed on public rights-of-way and present dangers to the health and safety of the citizens of the City • of Denton because of their propensity to be blown about if not property anchored; and 41 WHEREAS, Chapter 216 of the Local Govenrnenq Code was adopted by the Texas Legislature to provide a procedure for removing off-premise signs and the carts have been called upon to review the application of Chapter 216 and to date no authority exists finding such sign removal procedure to be invalid; NOW, THEREFORE, +v.y.~.... , i 1 • • - 1 r THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: FS C11 ice. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordrruuxes is hereby anmxW by revising the defirutrons of the terms off-premises sign, on-premises sign, and sign in Section 33.2 entitted "Defuutions' by defining such terms to read as follows: Sec.33.2. Definitioas. Off- remises sign means any sign edy"wl a lowed, a aan 513v~^? a-n"'n'yrae S2PDY that n~~l DMM op, ' ,r'or acmVid evmL t>tia 4- " or projucl not pLw ~ a Y +u pynuf 3 or old on t p> ses on which the sign is located. Orr-premises sign means 1 ftMW9M"= jdaAi or a~ yWing a business. Kr~= " or ac Yi uW h"W and lste¢rtarned on the sar Mgnim M the Wills oa 'sue of 6wrvit~t A Ij M WfllCh oratwtes or d WU a oo iQL task" or idooiot W O-Mlort. belief zM - or other y.al massagr shall cormdetod en Qrraran~_si~a. E &grl means W rvit#+eut theisplay of 4JbM%tieW W Mddoor stru=e agn di~pL ►+t device flium osirrtin¢~daVA1 MMMA Ri m& noater. W board. or other t~1t¢ that is dc0.&m intended or used to advertise or inform -Onc _Qr " san" means ofs krcated ono: A~pported t>y~sple or conrnott g stnKture. SECTION 11. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby amended by adding a subsection (12) of Section 334 entitkd "Caiain prohibited signs" to read as follows: Sec. 334. Certain prohibited sites. • It shall be unlawful for any person to erect, install, conAnxt, display, maintair4 reconstruct, place, locate, relocate or make use of any of the following sign for advertising purposes: [See text of subsections (1) - (11) in existing orduiaj frrmises sJ~rr off Memisa siren which is not a RL9DgiY resistverl nor>GOnforntina • • (12) • off premises jgo as Provided for in this chanter. SEC?7g1llll. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is Ieby amended by adding Soctiom 33.9 through 33-11 to read as follows: Page 2 is • • • i r a.r.wan i~.e:4vi w Sec. 339. Shm Control Board, (a) The m Control Board is created to exercise the PkL% s granted under Sec 33-10 (b~T1~ign ~ontrd Board shall consist of five persons ~pci red thethe h~ayor Mcmberstrp on the Sign Control Board shall be for a lam of two k"CNCZ that the Map~shaA desiwsate Lw4 members of the initial Boa*~ t~ Nrve one year leans: and each rttgrr er shall serve until his or her_ a ccA*m is appointed and VwliW (c) Apoointmatts to the Sign Control Board W be rude to maintain a membership that includes a2 all times five pons with the followiryg aoderrtials: (1) two. real estate appraisers_ each of whom must be a rtxmber in g44~ stawirQ of a na6oua y r i orofeskwW app y or trade orgariration that has an t`'cW ode of ethi edumiotW KQSU^+ W profes_knrd CMlfiCatlm piOgranT~ (2) oneper_o ogued in the 5bm buu new in the city: (3) one smoiovee of the Texas 2C_Tisptan wfiw is familial yh real estatq vahwtions in errs domain proceoding,ar►d (Q) One a~C.h'te'CS Of la.~sca~~ arC}LIM I1Cta by file. (Q A member of the Sign Conrol Board shall rive no compensation or r6pbu se mml of expcnsss for service on the Sign Control Board ST; 3310 Determhution_of compensation reouired for removal (a) The $ign Control 8 d shall have iurisdidior over off-pLSm wsand porlable signs only, (b) The Sign Control Board hill have and exercise the pgwer to determine the amount of compensation to which the owrl4irsdf_a3 an is entitled to be paid by the City. if removal of the • sign j; required under Sec. 33- 11, (c) The Sign Control Board MAc}erdne the amount of compensation to be paid to the owner of a sign under subsection (a) o Rer DIQ~g to provide the owner of-the sian an oppQrtunityso be heard with respect to the issues involved in such determination. Notice of the public headng shall be ¢ive in accLwd with the requirements of subsection (4)ofS, 3-6(c, except that notice of the bli adng ig required to be raven onto to the owner of • • • Lhs~w~JSS-L,B" (d) The Sign Control Board may esta i es`plszt res a~~tidel;n'R cnneigcnt with this Article and a2plic4ble taw (e g TEX LOC GOVT CODE ch 2161 as it deems nemMa to exercise its powers under this section Page 3 r • • lop h • • A dedi cn of the Sign Control Board under this section tttay 1t~3eA1tAS> to the City council, As pfovided by state law the decision nuv he appt•aled to distrkt COO by filin verified petit;Km with the court within 20 dIU3 after the date of the de6kn is imft[W UJM Sign Control Bond. Sec. 33-11. Renrired removal of off-nremiw sk u and 12rta6k (a) owner of &t gff: xer"' ,si= of t`a p2rigle ;n shad tb retnoyc Le+s+ Sle1 rw iuer Lhirly 9) dW ARcr riiim that the mpmuim ~emin l N the SiP comol BON Than 33 10 is avail `rr or oav = a^+ wit be pW Wm renown! of the siyL Uoon smisaetot-f ptoo° to the BImb4m Omig " the sign has beers remo paid to the owns aCtimkm w h the met_k?d or =hods a~?hor+ ! >rn.lubm?im 1b).. A.~ The fL ict rp IIT d under skmaim a *d Silm to he owner of t_he sign pWwA i to Sm UU 33-121 after the C& Coincil has wth dmd o:v i of the g2moLfLudm ddaminW under Sac. 33-10 - the or ---v°-- of mdhod. a- ' kh the ron~nens be rtrade m amordme with dire law. CMX._LOC GOV'T CODE 6216.04$ AND A- 16.OE0.1 (c) The owtw of a sign to whom notice is sivert under sibse rinn (a) is Adb of a Class C criminal mLgd cm ofteme if the owner - n or refiw to rurom a sign r " to be mored under W155-WO (a) no later Char t<1> m (30) days ger notice is Sim. SECTION IY, That Chapter 33 "Signs and Advertsing Devices" of the Code of Ordinances is hereby ammded by aMmg a subsection (4) to Section 33.91 of Artick N "Nonconforming Signs" to read as follows: See. 33-91. Definition. A sign, imhrding its supporting stnxture, shaft be considaod nonconforming when it does not conform to all or part of the provisions of this drapter applicable thereto, is not a stake Imo! sign and: • [See text of (1) - (3) of existing ordiname) (4) Was in eystem and lawfub lowed W used as in off WcfnLaesgrot to-Sec, 33-182 on November S. 1997. SECTION V, That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby art axW by revising Section 33-93 entitled "Registration of normdorming portable signs" to read as follows: • • See. 33-93. Registration of sommefos'sing porUble mod AM On or after June I, 1989, 4 sha0 be unlawful fcc any peram to male taut any portable sign within the t'rd on or after Nm a S 1997, it span be unlav& for am so to i Page 4 • • c ow:w►.~ aa:wv~ E maintain am of€-Qrgrtuu sign on any premises within the Me tints and both Portable and off- ,Ker JM siRfts within the extraterritorW ii j ~ of the City of DVAM without ha,.ing a valid registration tag affixed thereto as required in this sea ion as follows: (1) Application. To register a nonconforming portable or off-premises sign, application shall be made to the budding official on forms provided for that purpose. The application shall be accompanied by the payment of the applicable fee, as established by the City Cwxil and on file in the office of the city secretary, and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement and any other information reasonably required by the building official. (2) /.s%msce of regisstraion rag. If the building official determines that the portable sign 2r _q(~-. n sign is a lawfully ronconfortning portable o offVemises sign he shall issue a registration tag to the applicant. The owner of the sign shad cause the tag to be affixed in a conspkuous p1me on the corresponding portable or off-premises sign registered (3) Remrnrd or desoxgW sig?m Any owner who removes or causes the removal of any var-0, registered nonconforming Potable or off Premises sign firom any premises shall within five (S) business days of its removal, report the removah to the building offiaal. (4) lmrrli,f kvi of regisrrrmon. The building official shall invalidate any registration tag for a noricadortming portable or offlum i sign when: a. It is removed from the premises for any reason; b. It has been damaged or destroyed so as to lose its nonconforming or off-wunises status as provided in this chapter, c. It has becoer an abandoned sign. SECTION V]" That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinari es is hereby amerxW by revising Section 33-93 entitled "Uewuojov; repair" to read as follows: See. 33-95. Destnrctioat Kpalr. (a) Any nonconforming portable, attached or ground sign, inchbiting its supporting structure, which is t>Qwn¢pwn, damaged, dilapidated, or deteriorated. gQr-awise desu¢yed o dis+i>arrtl ~[ntt • purpose other ihsan maintenance operat_ionf^< the t^"'r' WIYSIL or W& matter oq jk_jigm shall not be replaced, repaired, or renovated, in whole or in part, if 1hLOS_QLS&b replacement, repair, or renovation is in excess of sixty percent (600/9) of the cost of s~3i0Q a new sign of the saner Igoe at the sane locatim including its supporting sit vMr,; unless such altention • or repair makes the sign conforming. No person shall repair, renovate or alter a nonoordwring • sign without first recching a sign permit. (b) The building official may, Mviever he deems necessary to reasonably determine the applicability of subsection (a) of this section, require the ownex of the nonoonforming sign to submit two (2) or more independent estimates from established sign cornpanies of the cost of replacing, repairing or Page 5 • • I C LiMl.JFr t1O,4`.:lY renovating, in whole or in part, the existing nonoodornring sign and two (2) or more independent estimates from established sign companies of the reproduction cost of wing a new sign 4f ft sari WV At the Same location kkuding its supporting structures. (c) The estimate rVqUj[W subsection (b) shall be based on the "s for new materials for both t}x ~"be = red And the new -wi. Also, the estimate shall reflect the reasonable and cusl rr cp in the industry for (I) the ddivtxv otmaterials and enuirxnent to the location of the sign and (2) the cog of labor for each phw of sign construction. (d) No sign or supporting structure which is lawfully reproduced, repaired or renovated as a nonconfomting sign shag be increased in effective area or height. SECTION VI], That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances is hereby amended by revising Division 2 entitled "Ponabk Sigm" and Sections 33.166 through 33- 167.1 of such division to read as follows: DIVISION 2. PORTABLE AND OFF-PREMISES SIGNS Sec. 33-166. Prohibited. It shall be unlawful for any person to display, mairHah erect, place or relocate any portable Qf off-premises sign on any premises within the corporate limits and the extraterritorial iurisdidicn of the City of Demon that is not a registered portable or off-pnm ' sign No new start nemtits shall be is ed for portable oroff -premises s %ithinthe paate limits and the extratemtorial j}trisdiction of the City of Denton from and after November 5. 1997. Sec. 33.167. lawful nonconformity. [See text in existing ordinance] 1 Sec. 33.167.1. Iarful nonconformity from November S W. p-wable sign lawfully existing yp M premises within Cityl extraterritorial juurisdi Lion • An before November S. I95+7, and auryfff-premises sign lawfully existina urtort env Wernises with the gyrgrate huts and extraterritorial iurisdict n of the Cily+ of Denton Wore November S 1947, in accordance with the,provikm of am prior ordinance. 11 lowed to remain on that premises es I nonconforming portable or off:aernisa stuj if pcQgcdy roistered and continuousy oWntained it accordance with the provisions of this cbaoier • SECTION Vlll. That Chapter 33 "Signs and Advertising Devices" of the Code of Ordinance • • J is hereby amended by repealing subsection (5xa) entitled "Off-premises signs" of Section 33.182 since newly amended Section 33.166 prohibits such signs. I Page 6 [ OeODtl1 fLTA142v 1 SECTION I That any person violating any provision of this ordnance shall, upon conviction, be timed a sum not exceeding 52000.00. Each day that a provision of this ordnance is violated shall oonstitute a separate and distinct offense. SECTION X That if any section, subsection, paragraph, sentence, clause, phrase or word in this -rdinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Deacon, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION XI. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 33 of the Code of Ordi=wes shall remain in full force and effect. SECTION XII. 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-Chronick, a d0y newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1997. i j JACK MILLER, MAYOR I ATTEST: k JENNIFER WALTERS, CITY SECRETARY I • BY: APPROVED AS TO LEGAL FORM: a HERBERT L. PROUT'Y, CITY ATTORNEY ; • BY: • • Page 7 l • rr ApMda No, ' AWda Item IJ ORDINANCE NO. DAte 901 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN h ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES I FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books, electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-1. That the following purchases of materials, equipment or supplies, as described in { the "Purchase Orders" attached hereto, are hereby approved: r PURCHASE ORDER NUMBER YENDOR AMOUNT 78176 INTEGRATED COMPUTER SYSTEMS, INC. $111,523.11 1 SECTION IL That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. i SECTIOPIIII, That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section i and the expenditure of funds pursuant to said contracts is hereby authorized. c f I i 1 . a; r: - 0 . 4. A I SECnQhLIY. That this ordinance 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: - ; APPROVED AS TO LEGAL FORM: HERBERT L. PROUIY, CITY ATTORNEY t BY: _ SOLE SOURCE r r r y I l i --_-__-._.-~+ae_~~_ i + j.: : Mai,h<~~ I r.... ~rL ~f..t S~q~M y"~}'._ ~5 1J 4~r NYC Mi"'1 i~ ~ ~ 1`C•!.T r K L.. DATE: OCTOBER 7, 1997 CInLCOU1NCH, REPORT TO: Mayor and Members of the City Council FROM: Kathy DuBose, Assistant City Manager of Finance SUBJECT: PURCHASE ORDER 0 78176 - INTEGRATED COMPUTER SYSTEMS, INC. F. RECOMMENDATION: We recomrrxrd purchase order 78176 to Integrated Computer Systems Inc. be i approved in the amount of 5311,523.11. SUHMARYs This single sounx acquisition is for the purchase of eight Mobile Data Computers and includes installation in Police patrol sedans. These Mobile Data Computers an part of the continuing implementation of the Mariagement Information System (MIS) purchased for the Police Department and Fin ; Department in March of 1996. The prices for the Mobile Data Computers and installation are the same as approved in 1996 - RFSP 0 1738. The Management Information System is intended to upgrade the communication information and coordination efforts of both Police and Fire. The 56,660.89 trade-in referenced on the quotation is due to a change in technological approach. We are trading in 800 MHZ radio frequency operated equipment purchased in 19% for newer cellular phone technology City of Denton Police Department. Tlns ms intended to improve the coverage range speed and quality of information transmission These eight Mobile Data Computers must be compatible with existing Management Information System software and hardware and are only available from Integrated Computer Systems. Sole source purchases for items protected by patents or copyrights are exempt from the bid process as outlined in Chapter 252 of the Texas Local Government Code. PROGRAM-Di 1tARTMENIXML"UP;;AMCff,D: Police Department rad Fire Department FISCAL IMPACT- This acquisition is funded 90'/• from a federal law enforcement grant in the amount i of $100,766.11 and 10°l. from matching budget finds in the amount of 510,757.00 from account 0 249-070- LEBG-0002-9107. Total expenditure is $111,523.11 Attachments: Purchase Order # 78176 Quote from ICS dated 9-9-97 Respectfully submitted: s: Assistant City Manager of Finares r r• Aqprove& • • 1 • ~c=~~ ` c _ Name: Tom Shaw, Title: Purchasing Agent 911 .71GEND71 3 • , 7"~?:i ...!.t IVt • r; 1'1111L'l IASE W M)ER w. list IF" DOFFIRAMMG OR~fl 7Mt nan5a mutt appear on on DF IAAE I - Irnoices douve•r 094. cams DO NOT DUPLICATE CM, bores pwkkV ergs and b4ML f Ogle 09 23 97 pop w 01 Rea plo: Bid Pic CITY OF DENTON TEXAS ptlNCtIN5M.8OM510W 1901-5 TEXAS STREE} I OWOK TEXAS 76201.4361 9401349-7100 DIFW METRO 8171267-0042 FAX 9101349-7302 VENDOR INTEGRATED COMPUTER SYSTEMS DEIIYERY CENTRAL RECEIVING 308 NAMEI AMK 1651 N. COLLINS SUITE 1100 ADDRESS POLICE DEPT. 901 E TEXAS ST RICBARDSON TX 75080-3639 DENTON, TEXAS 76201 TOMMY GALBRAITH VENDOR ND. INT47100 OEM" QUOTED 10 06 97 FOB DESTINATION WEER T8 TU44 } 00,766.110 100,766.11 001 1.00 11 VENDOR CAT. 1 M I A MlG NAME CITY 1 20520 FEDERAL LEBO FUNDS 10,757.000 10,757.00 002 1.00 54 VENDOR C►!. 1 N ~ A NtG NAMB CITY 1 20520 LOCAL GRANT HATCHINO FUNDS 8 - MOBILE DATA COMPUTERS 1 113,773.00 EACH 8 X $13,773.00 1110,184.00 INSTALL (s) 1 8,000.00 $ 61660.89 • 1111,523.11 ~ p OE TOTAL s 111,523.12 II ' r I GR ND TOTAL 1 111,523.11 01 249 070 LEBO 0001 9107 1000766.11 • 02 249 070 LEBO 0002 9107 10057.00 • YDt~04 upkiCf10MC ` 1 rawf Net 30 ~••~'u 1 feel ryw k"m r,dt brow wr• 1. SMyprq l"ftrc6 F.01 Oeeti"utae rowr &%%a 060%f" "W" ION Y > Ac A" t Mb leewd v tbb N" w *44 be rddd Dkilian 216 in rkp MiAd i aMtl/ YRfi mm-OmaNAL • ~<xP~..i~ _ - _ S', i i l ~ "r. tip J L~i'~~'`-°:F~. 4.r~ ~C ~ V" ;~i • • HARDWARE SALES ADOENDUM Ierp.id Corpww sr+lms fnc. 1671 N. Coftir BoWhvvd• Sua 100 Daw :f'9+9r Itkbwdwe Tar NOW (714) 783.4400 Fa: (714) 733-%60 ptw l of I i Ctrvaf Dentan r1ly of O"Im Paiiee rur rtment 601 F- FECkg=.4;u4le F 901-A Tex■a Street lknton Tam 7A20i ~ t)eetnn T~■. 7R20S ff ( 56 1405 {C:Y:J}:ti - r2' )fi ffrtt '1 Fax (Sin 111-720 i TICS HAID W AAI SALES ADDOM M Y mmW fah tT aN bawd b6wv W C*mpww $mom ML, hard r 1451 KCain *A, $WW I Lp )f bvdma ram ?no& lWufWr nfww! calm aWT•C.179f D""Q.►Ua■WI barn it Dana Cfy!WI•IS L YN►irf, Daw■a, Tar 76181 WW.1tirw4wMruLXIN=w ~ STOSCEL A. On 1 / 71 1 M ICS ad CT/STOa4ER an■W .a r ywwr aril -CINEEAL TELM AND 0000frPO 11' 1■W.raa aff■.r ■ a Y A/Wmr. E. h aaw a dW Apwaa, irwI bwiW b w. for aI pgra at do s an ON&% • of ba AOA06M •Hd aA annual a Y Far aW wwm two of d Gi■acw rpm a paabw as W W.iq mem bar IC3: rrtw kU1a / / t1)C HARDWAU )ADC DuAbrict. 4 NOX 100 YAL Y7M8 RAM am A $ ).m.00 3110.18400 Irrmnmm" Rain M 1 k)abw SWL Eow at IODar-r COM u EN rOACIA Adomr B4 1 32GO Had Orfve M 3 Cafes LCD 121 AdOw M160f W Comollm vAh BN 6 Ctown Kc. AWFM Dr► WA%w BN t LCD Careitw M 3 LCO EAWom 10 L a4 I C&rwnw Boa For LCO Emamm Ca1fi Di6 E S Ara nidf CRW4 Adana M / Masd vM 84 %N Ind V4 1 Wi■ K a4 I So hnm I TtETS A DCA M 3 mcwf Ie vcdadr. Lbdant r 1 Bali •n -0 lnbwfk* MWL Armes To be instaited by CS. COPO acOvetlon and frwnthy use tees not kx*jded TOTAL Stitt" Optional: Remote 1,44MB Oiskette $145, Magnetic Card Header $540, (req *es software) CitatSon Printer $1295, (rew[re3 software) HUD unit with katallation AwfldN COG 13,000.0 $3795, HUD Software $17,500. TIAII IrC7tIDIT (MA60,m . MAL 3111,773.11 q SALL3 W Tbou" pCAILrfi/E TAX N"*LUW By W3 • AUA)lTY KD 0 DAYL I.r DAYL ctrl YIAL D.OrAn AL SI11S7.7.11 wAU1A.+N CV 1.0"m 2.001!!8!muct. 3-cm ran. Mesa-! 6.01= i Cai am aW ad ataWd a b brl by Cr OENERA1 TELMS AND CO AXT3004 w WTtI Ommu 14 XAAD WAA3"NTMANCE AN WDLIX LAM on 7111273.Et ~ ACCEPTED NY: ACCIrmlY: CUSTOM Eft NAME THE CITY OF DENTON DMOMTED Cl.1dlhlm fITEMS, tw_ i TITLE THE DATE 3NO? DATE 5 ID.N4AM 41mdc:.lne • r • Ap.nda No. AgWa Item Date ORDINANCE NO.~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROPFS- STONAL SE-vicEB CONTRACT WTTH HALF ASSOClATBS, INC. TO PROVIDE PRa FESBTONAT, FNODGMU SMVIOBS FOR THE DE TON RAIL-TRAIL PROJBL'T; AUTHORIZINO THE IDGrtNDi'IM OF FUNDS TH MMIOR; AND MOVIDTNG AN EF- FECTIVE DATE. { THE OOUN(.'IT, OF THE CITY OF DEMON, TEXAS HERMY ORDAINS: $8M That the aty MOW L baeby @060& W W COW fab a Pt'o&ld*W Ixa:viow ooolrad with Halff Aaaooie0ea, Itac, p paoride p io- eoioeetiei aerrioea for the Dorton RA&ThU projept, a Dopy of which b attached harao ad Taoaponled by tefamae heteiL SECTION Q. T io the City Momw is av&orf Ded b egad body to mquhW by do SON M, That this atUoatxa »i:an beooane afire upon No pomp and PASSED AND APPROVED d& the der of 1997. t k JACK MILLER, MAYOR ATTEST: MWIFER WALTERS, CITY SECRETARY - E • BY: APPROVED AS TO LEGAL FORM: s HERBERT L. PROUTY, CTM AT~ORNEY 1.101 MOCSOAD AW AUM ORD 1 I I, DATE: OCTOBER 7, 1997 CITY COLtWCIL RFPART TO: Mayor and Members of the City Council FROM: Kathy DuBose, Assistant City Manager of Finance SUBJECT: RFSP 0 2916-ARCHITECTURAL /ENGINEERING SERVICES - DENTON BRANCH RAILTRAII. RECOMI fENDATIQN- We recommend this professional services contract for the l Services for design and corutruction review of the Denton Rail to Trail be awarded to Halff Associates, Inc., in the not to exceed armutt of S55a%.00. SUMMARY: This contract for professional services includes the arcWtecturalJengux WS design of the Denton Rail-Trail Pro'ect. The Qro ect consists of converting ximately 8 miles of abandoned railroad track into a Id wide h tnrL truI nun from Hickory Street in Denton to Burl Road in Corinth and was purchased in June of 1993. Included in the scope of services are the decking of seven railroad trestles, one new brides, trail signage and other amenities. 'ilx trail will be constructed of crushed limestone granite. All design and construction must be done in accordance with Texas Deputment of Trwksportation (iXDO t) standards Fiatff Associates, Inc. will~prepare M"nrnental messmenta, perform W txld work, and alignment of the facility, pprroovide profeutorid services for preparation of specifications and bid documents, coordinate utility relocatioru, file formal progress reports with the City of Denton, review construction activities and all other services or activities required of the architect/engineer for successful completion of the project. FROG &AM.S.DF P . Parks and Recreation Department, Rail. Trail project and TXDOT. I FISC&L EMPACT: Funds for this project are pan of an Intermodal Surface Transportation Effie (ISTEA) grant from the Federal Government and Administered by the Texas Departrnertt of Tnruportation ! The City of Denton was awarded this SOY. Federal / 20% Local grant in April 1999944 cost. poxi Total telgram was ly $87,000.00 0was aside as the City of Denton share for professional services and oor~ion _ Attaclvnent: List of Firms Responding Respectfully submitted: 3 Assistant C Manager of Finance Ap ved: f. Na,ne~fom D taw, _ Title: Purchasing Agent fU.AOMA 2 r e v 1 err ta. J wi?3~ r i~ • -;v. 1V ~ ,w X u;i?y, , 1 r , ♦-..i ~ F♦ t1r ~ ~ i ~ : ~`~'y.jrI~~~ ~4. 1 t -r . • I. FIRMS RESPONDING TO RFSP # 2016 Halff Associates Dallas, Texas Armstrong Berger, Inc. Dallas, Texas 1 Post, Buckley, Schuh and iernigan, Inc. Dallas, Texas L. • i ~~,a p ~ J1S 111Y `Jb n~fti:1S A~^~~yy nt ,l ~Ai" • • Agenda No.__C~JL-s~~ Agenda Item Date .I I CITY COUNCIL REPORT I TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: REIMBURSEMENT RESOLUTION RECOMMENDATION Staff recommends that the City Council approve the attached reimbursement resolution. The resolution will allow the purchase of technology software and equipment for the General Government and the Public Safety System. SUMMARY: The City of Denton is currently in need of capital funding for the continuation of the Long-Range Technology Plan. Although the Capital Improvement Plan for 1997-98 includes a bond sale in the Spring of 1998, funds are needed prior to that sate. Legislation now includes a provision for designation of project expenditures prior to a bond sale as reimbursable by bond proceeds. This "reimbursement resolution" allows the utilization of $4,000,000 of the General Fund Balance to be reimbursed • with proceeds from the bond sale scheduled for April 1398. The approval of this resolution will allow the project to progress yet does not require early issuance of debt. p • PROGRAMS DEPARTMENTS OR QRQUPS AFFECTED: L • All departments within the City and the citizens of Denton, r 1. s , FISCAL IMPACT: The resolution will allow $4,000,000 of the 1998 bond sale to be expanded earlier than scheduled. Respectfully submitted: Ted Senavides City Manager Prepared by: Kat se Assistant City Manager of Finance KO:cr AFM73E • 1 ` 1 r t ~a~ ~ tr e 4102 J , J i _ I , i RESOLUTION NO. A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR TECHNOLOGY EQUIPMENT AND SOFTWARE WITH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation/political subdivision of the State of Texas; and f WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, and construction of the project described in Exhibit "A" hereto (the "Project"), which Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the issuance of obligations to finance the Project "Purchase Technology Equipment and Software MA WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1150.2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $4,000,000 for the purpose of paying the costs for the costs of the Project, as set forth in the attached Exhibit "A." 5UCDQ1N II. That all costs to be reimbursed pursuant hereto will be design and capital expenditures. No tax-exempt obligation will be issued by the Issuer in furtherance of this resolution after a date which is later than 19 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 111. That the foregoing notwithstanding, no tax-exempt obligation will be i issued pursuant to this resolution more than three years after the date any expenditure which is to ' be reimbursed is paid. SECTION IV. That this resolution shall become effective immediately upon its passage } E and approval. • • PASSED AND APPROVED this the day of , 1997. I JACK MILLER, MAYOR f ATTEST: JENNIFER WALTERS, CITY SECRETARY f. r BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. t f E ,occs RESTEc*4(AOGY 50"AR J i I: Page 2 . _ c.:_~ r'.. ~T' i;1 't•~ ~/7Z;n ~Y.4 i ~ Y 'p 'Knt it ry} j` ~ tixk i„yE~ S~?s; 4 .y 1 . I EXHISIT A Purchase TechnokW Equipment B Soft we $2,000,000 for Public Safety Technology Equipment R Software 52,000,000 for General Govem>rxnt Techookw Equipment R Software } TOTAL 54,000,000 { f 11M: t~r -t..:,,f~ ~SLL r,!''j a1',~ 'K~3 ..I.i""i^~~'~5 ~5 . r Agnda Ne, 0 , Agenda item fQ we CITY OF DENTON TEXAS Rwsco D tpm&na t • 216 E. AkKkamis DmMm Texas 76201 Taaphorw (980) 389-8288 • DFW ANtro (971) 834.2619 FAX (9401349.7789 MEMORANDUM j TO: Honorable Mayor and Members of city Council F FROM: Jon Fortune, Director of Management and Budget DATE: September 26, 1997 SUBJECT: RESOLUTION TO APPROVE PROPOSED BUILDING RENOVATIONS BY THE DENTON CENTRAL APPRAISAL DISTRICT The City has received a request from the Denton Cenral Appraisal District (DCAD) to approve the District's plans to renovate and expand their existing fuility. The property tax code requires any appraisal district building improvemew or addition be approved by the governing bodies of the taxing units in the district. Please find attached a resolution finning the City's approval of DCAD's proposed building renovation and expansion project. Mr. Joe Forsythe from DCAD will be available at the October 7, 1997 City Council meeting for a brief presentation and to answer any questions you may have. Please advise if you need any additional information before then. Thank you. " FFp JFllth 4 Atuchmeni: r. AFSplM 4 ' t Z ~ "Qrdkaud 1o Qnhry Smire' t ~"M ~ - : ^ i i RESOLUTION NO, A RESOLUTION APPROVING A PROPOSAL BY THE DENTON CENTRAL APPRAISAL DISTRICT FOR THE EXPANSION AND RENOVATION OF THE PREMISES IN WHICH THE APPRAISAL DISTRICT OFFICES AND FACILITIES ARE LOCATED. WHEREAS, the CITY OF DENTON, a taxing unit in the Denton Central Appraisal District has received notice from the Appraisal District in accordance with the Texas Property Tax Code Sec. 6.051(b) that the Board of Directors of the Appraisal District had passed a resolution whereby the Appraisal District proposes expansion and renovation of the premises in which the Appraisal District offices and facilities are located; and WHEREAS, such notice included information showing the costs of other available alternatives to the proposal; and WHEREAS, the governing body of the City of Denton finds that the proposal of the Appraisal District should be APPROVED; NOW THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. T131 the City Council of the City of Denton hereby approve the proposal for expansion and renovation of the Denton Central Appraisal District premiss pes,td by the Appraisal District on April 29, 1997, a copy of which is attached hereto and incorporated by reference herein. SECTION I. That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 11997. t JACK MILLER, MAYOR k ATTEST: JENNIFER WALTERS, CITY SECRETARY ' f BY: ! • • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • r.-. A~ - i, r ~ S "•1 } v y~,kL'f Y~C T 'fir 4 ~ ""~A ~ v:''i l i A PROPOSED PARTIAL BOIL MO RENOVATION AND EXPANSION FOR DENTON CENTRAL APPRAISAL DISTRICT , i ' 1. • ,.~6 r' i.i tf~, o-5.,`°;, G~''J ~l`'7:' ' . }~+n +C L"~,~ `~Jr'•f'J`X,f ~~`~'.`E~.`, I I, a+ r 1 1. ~ TABLE OF CONTENTS Table Of Contents Trenunittel Letter SECTION 1. LEGAL REQUIREMENTS Section 1 A Enablirp Statute Section I.B. Resolution Approving Partial Renovation And Expansion Of Denton Central Appraisal District's OAlce Butldrp Section 1,C. 84nk Resolution For Taxing J uris&di m' Use Section I.D. Alternatives For hasasing Floor Spam SECTION 2. FUNDING OF CONSTRUCTION AND COST TO JURISDICTIONS Section 2A Funding Of The BuiWV Expansion And Renovation SECTION 3. GENERAL INFORMATION Section 3A A General Explarm ion About The Partial Renovation And Expansion Of The BW*V r Section 3. B. Factors kmvasing The DenwO For Appr@" DWW Service Section &C. Support For The Decision To Partially Renovate The Building Section 3.0. Graphs Illustrating Growth Section 3.E. Taxable Values For The Years 1993 Through 1997 Section 3.F. Tax Levies For The Years 1993 Through 1996 Section 3.G. Budget Allocations For The Years 1993 Through 1997 E SECTION 4. CONSTRUCTION INFORMATION Section 4.A Building Drawing t Section 4.6. Outline Specifications • Section 4.C. Completion Schedule For The Project 'i k. { N5+}~ NP14 2. DENTON CENTRAL APPRAISAL DISTRICT 3911 MORSE STREET, P O Box 2816 DENTON, TEXAS 76202-2816 h To AA Members Of The Coverrrfq Bodies Of The Taxkq Jufisdcftu: The Dwfton Gntral Appraisal District Board of no IM s requests your support to , renovate and sovend our offbe building. This project vdt enabN DCAD to oor *%A 1mvW9 "Alty service to both to mtedicdom and the Property owners. This project is needed to sooormodaee the ever kweaft demand for @e DWMds services. The vadous sodkm in Cris proposal provide support for rib Project Alter you review Be proposai, we beleve you wM agree that add tonal floor space Is needed. i The estimated cost of tie Mod is $592,000. OW plan h to con ft a refke KkV of @fe eaistirfp loan wRh fkerokfg for to project and retain Be currant "a** buidirp lkrufdaf payment of K,9U. R fs bW- Tfws, Oe cost d ow"hXtlon wff nd &m e WNW io &W Section 1 of eM proposet owft ins k*mnation mquked by the Property Tax Code. For the renovation and expansion to occur, tw Code rfr Mat 75% of the juffsdicti" adopt a msokrbon supporting tM project. Aceominpty, we are asking that this matter be placed on an agenda for consideration. A sample blank resolubm to approve or disapprove this project is endosed with the proposal. Again, we are asking your support for our buiding expanfslon project If you have any questions or comments, contact Joe Rogers, Chief Appraiser. • We sincersy appreciate your support. Board of Directors t • t - • i • , 3. SECTION I.A. ENABLING STATUTE Sac. 8.051 of the Property Tax Code gran!: to an appraisal drstrkt 1M authority to rarmabe or construct an office bu&*V. Ha*I any proposed ra ovabw or construction must be apprawd by the W N Jurisdictions. The approve! process is sat forth In Sec. 8.051. The lrformalion below Is an excerpt from Sec. 8.051. GftiCaI mWiremera haw been ur4w*md. Sec. b.061. Owrraralrlp or Loa" of Rea! Properly (ar The board may of ioowahid impraverm an appraisal nM purdwass as roosts" es tab" I or ft Waso real property office or a brandy oMloe. (b) TM so*Adlion or corrveyarree of real property or Bra coy *udon or renovation of a butl&V or over improwrrwrrt by an appraisal 1 11, must be approved by ter wmmlm bodies of tfraa mft of IN tad w Wh w ed b vobe on ter j appoirfted Of bold Theboard a rs clort by resodrtiorr may propose a property trarr c&m or other ackm for which this subsection ra**" approval of the taxkrp unto. TM duet appralser serer rrI the preeidkrp offker of each povar. i body ardltled to vote on ft approve} of ter propoed by dellm l p s copy oftire board's resokrlion, bpWwr %Mr *=ft..wft elvA ter coo of olMr ayaMbie altametves b be proposU. On or before ter 30Mr day after rie dale •w Qi offker mo om notice of ter nroooaat the poftwi rp body of a taft unlt by i resolution may amme or dhimpamm ter oui. If a povanrinp body tab to ~g oo or before f* M day or ft k to ft its resolution vrkfr tlw cW appraiser on or before ter 10th day after that 30th davr ter proposal Is treated as if it were r disapproved by ter Qoventino body. ' G rF. - t x T " r; 1,' ,a.•:.:.. ,c e. .Y ;~'f ` ~ "t~S~L '4~sr ~i e z rf r~} ` a. SECTION I.B. RESOLUTION APPROVING PARTIAL RENOVATION AND EXPANSION OF DENTON CENTRAL APPRAISAL DISTRICTS OFFICE B:.#W~.DING This s ,C:bm of to pmpoW contains tm msW4m apM"d by dw DWW Car►tral Appr*sM DlstrW& Board of D+rsdom to WWft 0* W*6a MW WQJ*pa M"ft e* nwVkwrmo and ft kMarM V* ►aso!<~don if tea wma*m is to must approMa or dhaPProw prooaad. ' ~ ~a • • s. RESOLUTION WHEREAS, the Board of Directors of Denton Central Appraisal District finds and declares that the current facilities of the District located at 39i I Morse, Denton, Texas, are inadequate to service the current mods and anticipated growth in future needs of the taxing jurisdictions and taxpayers In the District; and WHEREAS, there is a need for additional office spar to socommodate the increased staff neoessry to appraise the growing number and value of properties in the District; to provide room for meetings of the Appraisal Review Board and the District Board of Directors; to provide confereaca roam for training, meeting with taxpayers, staff meetings and other such functions; and to comply with its of the American with Disabilities Act and fire safety standards; and WHEREAS, the staff of the District has thoroughly researched such needs and has explored available options for meeting such needs In an efficient and economical fashion; and WHEREAS, options which have been reviewed included the renovation of the current building in which the District is bowed„ and the construction of addition of different sizes; the constructions of a partially completed separate building to be finished at a later date; and lasing additional span in separate locations; and i WHEREAS, such options have been presented to and reviewed by the Board; and t WHEREAS, the Board finds and declares that the best option available which will allow the District to perform its duties in the most efficient and economical manner is to partially renovate the existing building and to construct an addition of approximately 8,300 square fat, more or less, at an anticipated cast estimate of $592,000.00 subject to the bidding process; • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF DENTON CENTRAL APPRAISAL DISTRICT that the Denton Central App" District take all steps necessary to partially renovate its existing building and to construct an addition of approximately 8,300 aquae feet, and that the contract therefor be awarded by competitive bidding as required by law, and • BE IT FURTHER RESOLVED, that the Chief Appraiser notify the presiding • • officer of each governing body of a taxing unit entitled to vote on the approval of this proposal by delivering a copy of this resohdion to each such officer, along with information showing the costs of other available alternatives to the proposal; and i , J r 6. BE IT FURTHER RESOLVED that the Board of Directors of Denton Central Appraisal District requests dw each of the governing bodies of such taxing units in the District APPROVE this proposal by passing and filing with the Chief Appraiser an appropriate rmolutioo, PASSED AND ADOPTED this 29th day of ApnI,1 M. DEMN CENTRAL APPRAISAL DISTRICT BOARD OF DII ECTORS ATTEST: SECRETARY • ;r i r ♦ , tr i • •`rr~!'1! 'r r ~ ~j• T=,`7',~~ tir,t'} ~ y,~i n..1R,.~~ ' a ` -:.2 - i SECTION 1.C. BLANK RESOLUTION FOR TAXING JURISDICTIONS' USE I Sao. 6.051 of ft Tax Cods mquhm that tM Wproval by each Qovamb►0 body of DCAD's construction proposal be by resoksbon. To woonxnodW& thb regiinment, j you will &W wxbW a nsoiution In rib sscllon OW can be complsMQ by MV h fM b*ft. Using the blank nsok4lon s wuW saw each Wsdcdm tins and noisy. Remember IM Tax Code reculra an aMtrnatlw woroval and velum of tha neokAion t to DCAD wM h 40 dm of mosM of t?w Aoorabal Dbhiat's rseokAk n. No response Is a dbapprwM. A self-addressed w wiope Is wxbsed for your eonvwiw oa In infom*np us of your action on thb res** n. i Ii F 4 n S. ..'yam,. q ' ,i,. i.'s rA.R~~'~ .~"~~`.~r t~ ','n''. ,+4,.r'xr ~i,-. l 4 • 8. RESOLUTION WHEREAS. a ta)dvv unit in the Denton Central Appraisal Dithkx has received In hom the Appraisal District In aooordanoe wilh the Texas Property Tax Code Sec 8,061(b) that to Board of Directors of to Appraisal DwWd had paced a rawkidon whereby the Appraisal DdW ff Propose aopanslon and rerrovadon of the PM'" in ~ the Appraisal Dhtrfct 1 offices and fwwjes No located: and WHEREAS, such nWk» hduded k><omvbm showfnp the cosh of otter avaiable altOlI Wves to" proposal; and WHEREAS, the povunkV body of finds that the proposal of the Appraisal District shoM be APPROVED; NOW, THEREFORE BE iT RESOLVED by 80 powmk►p body of that the proposal fcr expansion and renovation of the Dwftn Central Appaassa! District pr wdm is hereby APPROVED. PASSED AND ADOPTED this day of 1997. Presidu►y Officer of the Goywrft Body of a taxlnp unit of Denton Central ApMlssl District ATTEST: • • 1 Secretary of the Govemin4 Body • ` • • 0 - .r i. 9. ~ I, j , i SECTION 1.13. ALTERNATIVES FOR INCREASING FLOOR SPACE Sec. e.Dsi (b) of the Texas Prop" Tax Code expresses that an appraisal dblrid that i~ requests approval from the taxing Ax*dicbons to rwmjft or oonstud a bukft must rwhw+ &Uffm fives for haaaskg floor spas. DCAVs staff rwiarred oftwal I{ apsmrives. In ecomdonoe *0 ft Code, two of M Morrov iws an ktekrded In No section. OM aNsrruM" is for mrmaov and expans ^ the other is for laeskg to needed oma spew. The other oberrutlvas ravAwed did not wwnvg carious cor»ideratbn, DCAffs Board approved Me construction aMsmstiva. This sN ffw&o provides Martial ranovadon of Me existing buidag and an odd&mW 8,296 sq- ft. This proposed bumig imprrywrnarn*4 provide the nocumy floor space fa 1M Appraisal Dist $d to fur>cfion effo*,*. r • e f ~ • 1 Yl~~~1 Tfi'?"7f~41 fU ~T 1!' M ~~-~r~m ! " y.,. t}, 1r ~ ~n 13 i'... .j.^w~ S.TJ r~ K,.,~ w , ~ ~ ~y • ~ - w '13~1Y ,~Lt/' ~-}w,4~yf, w.i ~S \.~~f.lT~s '1+ i • • 10. NOTE: The recurring costs present in an aitemative can be expected to increase each year in accordance with the rate of inflation. CONSTRUCTION ALTERNATIVE - PARTIAL RENOVATION OF THE EXISTING OFFICE BUILDING AND CONSTRUCTION OF A COMPLETED ATTACHED 8,296 SQUARE FOOT ADDITION A. Non-recurring eosb 1. Partial rermation of existing boildiing....................................... 5133,858 2. Construct cornpWad 8,296 sq.fL attached addition $399.177 3. Arct*ecbxal & Enghw@&g fees 558.985 Total non recurtng costs $592,000 aacc~ss B. Recurring addhional armual operating expenses 1. Buiidng Maintenance $2.900 2. EleetricaL................................................................................. 510,340 8 3. Property Insurance $7.02 Total recurring additional annual expenses $20,288 Tlrls is the mast sootabWe altsmative. This altemative provides the recessarv office s and In niativey short order. LEASE ALTERNATIVE - 7,040 SQUARE FOOT OFFICE LEASE IN THE CITY OF LEWISVILLE A. Non-mcuning costs 1, Equipment. 38843 1 B. Recurrtin additional annual operating „expenses 1. Net Lease $88.250 • 2. Utilities $ 6,299 3. Equipment Maintenance $ 625 4. ComfxrlerRelated $11.208 5. Property Insurance (Contents only)........ $ 850 Total recurring additional operating expenses.... $87,232 C. Recurring additional annual personnel expenses. • 1. Annual personnel expenses $56.722 • • Total retuning additional annual expenses (B + C)........ $143,954 This akemetive was not chosen because it would require substantial recurring annual expenditures and the cost is substantial. ~S t V, • r i SECTION 2.A. FUNDING OF THE BUILDING EXPANSION AND RENOVATION E The Appraisal District aAwwis to fund ttw buldrnp enmuion whh proceeds from a loan A lender w! probably r*quke that a ban on ttte completed bul ftbe no more than 80% of 0w market vskn of tta buldr4 However, we face one Irnpedk,w that a sctwd, dty, or county that bonvws frwxb for oorabuelion does not haw to deal v4ft A taxk>p jurtsdefort can bonow 100% of tM cost of a cm wb ucft prod Main ootllbral being the fuM hldt and credit of the tatrp rpw& An appraisal dsbfd dcae not have the auttoo ft to pNdpe Me ful taMh and credM of tads a as ooWersi for a ban beauss an %p-1 i 1-ir an not Noy a property lax. Acoordl, an appraisal district dose not have any tw"ysm The bul ft project w6 be Wwmd as fmo k wvme a p6aM seder commMCW ar>dewor. Our finanokoQ pMm al for a sk** ban that wo coraoildate tla wdsdnp ban and a ban for raw corabucdom Coffdk p theee two bens vA arrabM us b keep our payrne * doss to #w $4,424 that rw ane * pay. Caff6k*p Me bans M# nrlnimiza i ttw fi wx*d knpsct of Me bL*ft pmod on the)zbdk dwa, The amount of lW acbA ban may not bs aufflft b cowr ere U cost of Ora oaripfetad pmjftt Cash news we av iltabis to fund the opal an mom of the loot AM who we hope to keep monthly payments of appnv* atdy $4,924, realsticdy the mond* peynwks maybe Boma" Metter. The monthly psymerK amount is d@%rrdrad by elpht prknary factors. They are: 1. C atuctlon poet s 2. Balanos on exisM loan 3. Appraised valve of the completed project (market value) 4. The moftum ban for whkh ttte project q Mfles 5. The amount of ash (if any) used to r#x! tttf loan balance 0. The amours of funds ac WW borrowed 7. The W- th of the loan in yeah 8. The ktlenst rata of the ban i , ~'I s - ~X hr , C ! '`~R d t~ t t ~ Ss r- ♦ r. 1/11Y YI . Of. i ' r.~. r~.~..~.,rv Jw~..wrl New ` . 1 SECTION 3.A. A GENERAL EXPLANATION ABOUT THE PARTIAL RENOVATION AND EXPANSION OF THE BUILDING Thfs section and t rwnak*V sections provia. perwral krfonna m about Vw bu%&V pr*d and why we need do adds wW spas. Since its krospft the Appraisal {l Disbid tree am; d- tcm ub le 11 Wowft 71rs prowl started as praparlias ware sub4vided and ft. u.6 m c f houses and buskmm k eaead. Mw proww continues and Is aecala*v. rm avabbis work space in on offfoa kn b k woved affiderwy and pubnrwro.• You era ai aw~arrr of how growth has increased the dm,m for your services. E~wrdfrrp aoa►omic adrvlty, PcPulation growth and d►anpk+p property owRwrsWp's and vskm kraaaae our annual appraisal adivfty. The growth has plwW on krawsed demand for sarviws on Mre edtods, db" and the County. Appraising propWty at 100% of menial is always a hbor oowunfirrg affair. kidn inkrp property vskm at 100% of mwi* vskn in an eapwx&V ow-wM, leads to an k oraaea in ernpioyees and agcripmwd flat requk" an brct"n in floor spew. Aur avaflabie fbor vow per .mpioy.. reduces their &Vderray. i J.i . . .•'.1 4: ~S. ~'~J,~~1 ~t~y~ ,y ~~l•"~ ,tY ~~5~ `ij~'~ 1 ~TV Ai.;! ~,T "fr ~1. S y ~~.4' 111 • • . 13 SECTION 3.13. FACTORS INCREASING THE DEMAND FOR APPRAISAL DISTRICT SERVICES Various factors cause the ever increasing demand for DCAD aervk=. Additional services increase the need for personnel and equipment Additional personnel and equipment requires additional floor span. Factors causing ft increased demand for services are reviewed in IN& section. i ECONOMIC GROWTH IN DENTON COUNTY The econoedc growth in Denton Coun".y creates additional property sccounts. Growth also drives m&%ot values up. These f?ctors cause ever i nasssing appraisak and support mak>t k*V appraisals at 100% of market, which is a requinmwn! The eccnornic growth will! continue and probe* aoce1 1 . As this ootxrs, additonal employees are necessary to perform the mandated functions effhdw* and affoctivefy. Each oddldonal ertipioyee consumes a owtaln amount of floor space. ECONOMIC GROWTH IN ADJACENT COUNTIES In addltlon to al of Denton County, wows responslble for sppnising N Property wMftin the boundaries of each yxisdic Lion, even it the property Is in anoiMr county. DCAD appraises pmpod# in parts of Ddas, Tarrant, Wise. Cooke and Grayson counties. The substantial growth In sdjeowrt countles, especially norltran Dais and Tansnt and souA wnp Was and Cooke has a major Impact on DCAD work bad. We currently appraise 10,369 property accounts in ft M adjeoent counties. This number will hhasase significantly. Again, as the growth continues, so does d1w need for addlllonal personnel. INCREASED NUMBER OF TAX EXEMPT OR TAX ABATED PROPERTIES State statutes mandate the appraisal of tax exempt properties and properties with tax abatements. Frequency, the taxable vokue added to the appraisal roll is minimal. These property types may require more of staffs time than traditional taxable socounts. Because of the magnitude of these accounts, and the resul ing Ioss of tax revenue, the District employees must support their position concerning the taxable status of the accounts. Further, we get deeply involved when a taxing kxisd'nciion deputes the • taxable status of one of these properties. Simply stated, property accounts that do not generate property tax revenue can command a disproponiortato amount of DCAD resources. Tax exemption and tax abatements whcouxaging economic growth increases DCAD's work toad. The time consumed on these accounts is another element of the consumption of an appraiser's work hours. MENOMONIE • • PERSONNEL. COST ATTRIBUTABLE TO NEW AGRICULTURAL VALUATION Applications for agricultural valuation have increased substantially. Several factors cause the continuing increase. The value of undeveloped property has steadily increased for some time, creating an increased tax bill. Large tracts of land are sub- divided Into many smaller ones. As the land value increases, a valuation at productivity value becomes increasingly more attractive. Couple this with an increase in the number of small parcels of land created by splitting abstracts, and the result is an increase in the number of applications for productivity, valuation. For 1998, we received approximately 1,300 first time requests for agricultural valuation. This trend vvWI probably continue. All now agricultural vahration requests are verified. In most cases, a Raid visit is necessary. TNs action requires a substantial amount of time, regardless whether the appRation is approved or disapproved. PERSONNEL COST MICREASES DUE TO GROWTH IN COMMERCIAL SECTOR Commen;W deveiopment corttirwes to Increase and dvemIfy in southern Denton and northern Dabs and Tarrant County. This kx nmshg demand increases the worts load on dtw Corrunercial and Persona) Property Departrrtanb. Just the vok rtto of now businesses creeles a substair" demand for additional personnel The situation is further oompRcahd by this size and type of businesses. The size of some of the accents requires substantially more time to appraise than edsting ones. Diversity of equiprnont ktventodes and man ufacturkv structures kxxease time roquhvd to make someaft appraisals. The obvious result Is the demand for additional appraisal staff for those two departr wo. PERSONNEL COST MICREASES DUE TO RESIDENTIAL GROWTH Because of the tremendous economic growth In the DaliaalFt. Worth Meboplex, we have experienced a very large ilncrosse in the number of residences in both single family and mutti•ferrAy units. In addition, the number of custom built homes has increased proportionately. Appraising custom home Is more time conxrming then an appraisal of a tract home. We are also experiencing a substantial increase in adddions to homes. The additions have to be reviewed very thoroughly. Additions may add value, or they may not In either case, the appraisers have to spend the time necessary to appraise the 'home improvement'. • IMPLEMENTATION OF GIS We are currently working on the geographical information system (GIS) to improve our productivity. Atthough it vAl probably be 3 1/2+ years before the GIS project Is completed, we win begin to use the output as sections of the project are completed. GIS will be vary beneficial to the Appraisal District and to the taxing units, but currently it is placing a substantial demand on DCAD resources. • • • . • • :s. SECTION 3.C. SUPPORT FOR THE DECISION TO PARTIALLY RENOVATE THE BUILDING As we began to work with floor plans, it became very dear over half the existing building would need renovating. The rest of this section discusses why renovation of the existing budging is necessary. THE ORfOMrAL PLANS WERE FOR A LARGER BUKDM Odglnsly, the plans for the present builift were apprmdmataty tie same square footage as On proposed expansion. Although tie current build'- was adequate, growth has maids It too smell. Over time we have removed and erecgd was in resporne to charging needs. To w*mios traffic Mow snd knprove eMlderwy, a substantial redesign of work space veil knprove wodit conditions and cansequer►My performance. A FIRE SAFETY SPRINKLER SYSTEM IS REQUIRED The exisbrg bulling does not have a fire salsly sprirWar system. The City of Demon's fire safety code requires fin safety sfxir"n for new buildings and w9ansion of oiler bui'ldmgs A they exceed a certain sine. The sine of our Planned rddltion wil automabcaly Mggu the fin safety spdrYder system nquinmer>fs. Aside from the legal requkenwits, the pahfy of our employees and records wll be greedy Irnproved. THE PUBLIC WILL BE BETTER SERVED The renovation oil allow the Apprs" District to better serve to pubic. Cum*, citizens coming to the Appraisal District to dnswss their appraisal notices during May and June have to stand in a crowded sr se for tours. The residential growh In the County suggests that this situation will onty worsen If not corrected. The renovation substantially increases the waiting mos. THE MAPPW0 DEPARTMENT WILL BE MOVED TO THE FRONT OF THE BIR.DWG AND WILL BECOME MORE ACCESSIBLE TO THE PUBLIC The Mapping Department Is one of our busiest public contact departments throughout the year. The public uses Mapping to review, ownership changes, deeds and otfner property records created and maintained by Mapping. Currently, the Mapping Department is in the back portion of the Wilding without ready access to the public. B The renovation will provide an area in the front of ft bulding for making Mapping more accessible to the public. Access to work areas will be limited to those citizens that wish to review d*r appraisal with an appraiser. Howevef, the renovated area and the new addition wil be designed so that the public can easily contact an appraiser as the need arises. • • APPRAISERS NEED SUFFICIENT OFFICE SPACE TO CONDUCT THEIR WORK • The only staff that have assigned offices are the department heads. Other appraisers work in very small cubicles. The available square footage In the cubicles Is simply not sufficient to aaorrrnodate the appraisers, their disks and equipment and visiting property owners. Meeting with the pubic to d=ss values is a critical part of the apprsisers' job duties. The rwmvstlon provides an assigred office of suffidertt size so that each appraiser can conduct business In a professional setting. C 16. SECTION 3.D. GRAPHS ILLUSTRATING GROWTH This section cm tsins graphs that r7usVOA growth the Appra" Distrkx has had to acoomeWsis. Certain graphs ifusbe growth from 1995, the year the Appraisal District ocarpied the arrest of ice bu'k ft through 1967. Otws tlustrn• the substantial activity impac&v the Appraisal District from 1992 trough 1697. The graph 'NUMBER OF EMPLOYEES' hdud" 19M figu s because the 19" 8udpat has been approved. The graphs po" a oon*%Wy acde" demand on the Appnisal District's resources. From 1685 trough 1997, to number of properly accourts irweased by 45,490 pe rwls, par the graph 'NUMBER OF PARCELS'. The growth In Parcel oouxw is growth that wit have io be hwxmd www* on a permarnnt bash. The graph 'MISCELLANEOUS CONSTRUCTION PERMrW Musbat" substantld acdit requiring aWs time and eNods, Although each pm* dove not rnoesaariy man an adMon parcel to appraise mm* each permit does transtab to work for our employs". To aooomnwdate to addPomd work load, Cu rumba of wnpioyess has been wrftm* kwommed, Skxn 1985, the rAwtw of •rnploysa has grown from 33 to 50, an kncreaw of 5211. The growth in pasomW is the p*wy reason tat ad4tiorul floor spas is needed. 1 l-J , t'~ • • i NUMBER OF PARCELS 1 ao,aoo 1985.1997 :72,814 1s4,ses 159,704 160,000 151,787 152,723 154,841 135.171 138,455 439,123 140,033 144,870 l 140,400 131,824 + 127,324 N yt h' u ill, r, 120 000. b 100,000 P 80,000 60 444 , f x• i 20,004' i 1985 1986 1987 1988 1989 1980 1991 1992 1993 1991 1995 1998 1997 Year J • • I i RESIDENTIAL DEPARTMENT ACCOUNTS 1994 -1997 44,9os 100,000 98,000 y~r 040 N 96,000 u m b 94,000 91,186 0 r 92,000 0 1 90 000 87,204 A c 88.000 c 0 u 86,000 n 84,000 • 82,000 80,000 1994 1445 1446 1997 co • Ik • O r • • NEW CONSTRUCTION PERMITS 1882.1887 5,000 4,503 4,215 4.500 3,788 4,000 3,481 N m 3,500 3,12G b a r 3,000 2,437 0 1 2,500 P • 2,000 r m 1,500 " s • 1,000 500 1992 1993 1994 1999 1918 1907 r • l Y, C.~~^~.♦ • • MISCELLANEOUS CONSTRUCTION PERMITS 1992 -1997 2,500 , 2,247 i 2,075 i 1,034 N 2,000 u m b • 1,370 r 1,500 1,150 0 1,090 1 P • 1,000 r m I t s 500 1 1992 1993 1994 1995 199E 1997 f N O • a • NEW & MISC. CONSTRUCTION PERMITS AND MOBILE HOME ACCOUNTS 11192 -1997 6,000 7,236 61740 7,000 6,001 C 6,000 0 4,651 m b 5.000 _ 4,278 1 f n • 3,527 d 4,000 T 0 t 3.000 1 s 2,000 _ 1,000 I 1492 1993 1494 1945 + ,947 N • i l F' • • NUMBER OF EMPLOYEES 1985 -1998 60 I 50 50 47 48 48 47 47 48 N 45 u 42 42 m 39 40 b e 40 r 34 33 0 1 I 30 E m p 1 0 20 ; Y e e s 10 1985 1985 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 E Year • • 23. SECTION 3.E. TAXABLE VALUES FOR THE YEARS { 1993 THROUGH 1997 i The tdsdula to this section cwftira the tax" vaiua for each *ft Joxisdiclim for i ~ the years 1M f1wougt 1997. Pw WA column ropresontt to cdwnpas in two"* V&%M since 1996. TMs sdwxkA* is Vmk4od b snow to =*ILW !Haste in taxable valve, ~ oorrew" to the o v*v it vwmnca of to App *W Dis4ict's of ft. WNl: ow*Aod aconwrk proMN>, to Appraisal Ditbiat; wi a*p Wnoa an aver kxvasft danrsrrd for same. To soooerrwdaM tease dwmxk, we need - - IN rat resources, both w*oyees and squl uwnt. Both b" for add "-w floor spec. IR 1 ~7~4y dIY~1 ~ 1[ - ~ r i}} f.; < 4~, ' a 3~y~~i~'~t,3w 4,L" { y.r F` ~ r~r ~:Ltr~~~41.:t' Li.N~ y '',,TM~ .r'> l;~•yy 'y~4'y' `1 iLr.. iki,,Yt .N t.•~j a`i`- y,>4J., • TAXABLE VALUES 1993 1941 1906 inl1l 1907 CHARGE IN TAXABLE TAXABLE TAXABLE TAXABLE TAXABLE TAXABLE JURISOICTIONS Vim- VALUES VALUES VALM VALUES VALUES SCHOOL DISTRICTS'. Sot ARGYLE ISD 0167,736,069 $164,607,130 5205,745,695 $278,T13,TTS 3253,438,1138 S&S,702,070 SM AUDREY ISO 501,134,773 596,501,079 11101775,271 0115,941,136 $121,424,531 $29,1MISJOe SOS DENTONW 112,299,002,149 32,309,079,003 112,606,203,026 02,606,14226 112.816,180,434 $407,158,285 S07 KRUM ISO $93,231,916 310910301034 1102,ee0,0e8 1110o,TS11.S40 11100,63o,fe6 1117,298,251 Sol L46KE DALLAS LSD $275,029,493 5306,376,320 11370,171,162 $70$424,003 0408,637,802 $133,700,189 509 iEW1SVItlf LSD $4,756,567,924 %6,310,195,909 011I.M,006,244 116,796,402,244 37,?2e,714,323 112,400.146,490 S10 LITTLE ELM 140 3109,181,931 $124,404,301 $450,340,430 S"2,318.000 0176,162 801 300,910,970 S I I NORTHWEST ISO $133,354,021 3817,651,183 11014,150,966 $1,100,504,361 114,100,990,204 5457,614,193 S1 PILOT ER INTISD 3$51.04747,1198 $558,32 ,7704 0"I.51~1,325 11SIMM! a S1~1049,e86 $7,4I02,487 513 3 POWER LSD S14 SANGERISD $157,573,332 5107,322760 $179,275,61MI 3191,501,306 11404412560 339,979,211 SCHiOOLDISTRICTS TOTALS $8,14".638 54~~ 310,7 i1211~r M,6117.40111.496 M,6117.40111.496 $3,7711,469.656 NOTE, The taxable Y^es for 14 srl+ool 640C W are Ole values before ow bean oe11trps. ~ 1993 1904 1995 1995 1997 CKANGE W TAXABLE TAXABLE TAXABLE TAXABLE TAXABLE TAXABLE • JURISDICTFON VALUES VALUES VALUES VALUES VALUES VALUES G01 DENTON COUNTY $10,220,332,107 511,076,602,397 $12,205,927,400 413,340,578,210 314,1125,007,959 $4,604,615,751 • 0 ~ f 1 N F 4 t i' 1, •r* i `:',S" f . _ _ l t; -9 3 • .:r TAXABLE VALUES 1993 1994 1995 1696 1997 CHANGE IN TAXABLE TAXABLE TAXABLE TA)VIBLE TAXABLE TAXABLE JURISDICTIONS VALUES VALUES VALUES VALUES VALUES VALUES SPECIAL DISTRICTS: W04 CLEARCREEK WATERSHED AUTHORITY 3145,972,666 $125,696,422 6136,095,640 $144,061,099 6160,693,673 $15,020,937 W07 CORINTH MUD s35,639,715 437,746,564 $46,749,034 $SZ,706,243 364,663,937 $16,624,221 F01 DENTON COUNTY FIRE DISTRICT $109,003,462 $424,455,427 $482,411,321 $176,346,730 $206,523,244 $100,519,782 L01 DENTON COUNTY LEVY IMPROVEMENTMT01 $6,603,246 69,396,556 617,632,199 $27,562,540 646,926,790 $33,126,542 W05 DENTON CO(MTY MUD *2 $86,717,735 674,564,866 $66,462,634 $406,240,667 $130,790,942 662,073,157 RUD DENTON COUNTY ROAD 3 ROAD 3 UTILITY 01ST $129,922,871 3138,347,086 $169,568,976 $166,666,367 s2S5,636,971 5105,914,100 W02 LAKE CITIES MUA UTILITY DISTRICT 01 $114,856,694 s0 s0 s0 s0 ($114,65.694)'1 W03 TROPHY CLUB MUD $339,422,462 $273,037,046 $266,900,422 $212,637113 $314,565,483 ($24,638,994) -2 W06 LAKE TURNER M U.0 $537,245 $506,300 62M,442 62$7,611 $2,396,409 62,361,164 R01 DENTON CO RECLAMATION 04STRICT $10,346,617 s0 s0 s0 s0 (510,346,617)-3 3 W10 DENTON CO FRESHWATER DISTRICT $0 s0 s0 $6,777,632 318,623,662 816,626,662 SPECIAL DISTRICTS TOTALS 3M3,42Z,686 $762,074,073 $675,136,577 $9M,561,317 61,173,049,316 $209,628,330 • GRAND TOTALS $27,049,281,172 $29,207,164,396 $32,2M,800,927 $36,666,410,234 63/,696,3M,602 s11,648,105,730 '1 - W02 Leke CIOa MVA hn not *W a tex Once 1993. '2 - W03 Trophy Club MUD experienced ft kxe of a MlW Pwm* pfepMy 0400WA dWp 1613. '3 - R01 Denton Co Red$MMIO l Dlettid hu not Wefed a tex 0401M3. • • N 7~c 6" • TAXABLE VALUES 1993 1994 1996 1996 1907 CHANGE IN TAXABLE TAXABLE TAXABLE TAXABLE TAXABLE TAXABLE JURISDICTIONS VALUES VALUES VALUES VALUES VALUES VALUES CITIES. C26 CITY Of ARGYLE 178,591,647 367,063,731 306,960,266 0105,965,341 =113,203,613 33011,766 C01 CITY OF AUBREY $20,777,681 $21,643,716 $42,079,596 323,293,T56 326,029,019 35,251,356 C31 TOWN OFBARTONVILLE $51,996,588 364,67!,506 381,156.172 $61,934,324 363,330.679 $11,334,091 C03 CITY OF THE COLONY 3537,414,335 3559,624,543 0:301,817,520 $641,419,851 $805,315,254 $157,90.919 C27 TONNE OF COPPER CANYON $205,125,633 $234,523,055 3264,064,817 065,348,467 070,252,989 ($134,873,644 C04 TOWN OF CORINTH $45,674,842 041,396,473 363,096,486 0300,374,541 $363,384,075 $317,709,233 COS CITY OF DENTON $1,875,915,057 $1,971,137,632 32,040,796,237 32,167,444,061 $2,213,474,24 3337,559,226 C30 CITY OF DOUBLE OAK $92.371,701 398,69'2,611 $106,821,322 $113,793,573 0127,260,403 334,908,096 C07 CITY OF FLOWER MOUND $970,919,168 $1,206,362,634 31,60.443,254 $1,719,445,410 32,026,680,029 31,065,761,763 C22 TOWN OFHACKBERRY $4,171,342 34,444,616 04,474,729 34,561,140 05,050,746 3870,404 C19 TOWN OF HICKORY CREEK $67,145,412 363,006,505 37$720,451 $76,905,837 312,126,066 $14,981,574 COO CITY Of HIGHLAND VCG, 3430,916,011 3469,963,467 3553,989,334 $821,507,463 $674,342,448 $243,426,437 C09 CITY OF JUSTIN $35,131,652 337,14190 339,212,487 $42,722,940 049,733,224 $14,595,572 C18 CITY OF KRUGERVILLE $20,531,861 $21,649,613 $22,606,038 323,271,665 325,612,852 $6,080,965 ` CIO CITY OF KRUM $34,100,475 $36,366,318 331,375,903 $41,674,210 $44,838,664 $10,738,169 C11 r1TY OF LAKE DALLAS $87,994,520 39.761,902 $104,345,650 8122,816,248 $142,900,366 $55,033,648 C25 CITY OF LAKEWOOD VILG 38,561,185 39,30OP2 $13,743,991 315,7151839 $19,049,024 $10,467,659 C12 CITY OF LEWISVILLE 31,909,142,138 32,025,197,881 02,251,678,026 32,578,311,674 82,863,161,822 3964,019,686 C13 CITY OF LITTLE ELM $27,627,523 $29,932,016 330,897,241 3,'{2,943,380 $43,360,597 315,753,074 C23 CITY OF MARSHALL CREEK $2,322,574 $2,250,460 32,370,720 32,464,615 $2,560,545 $237,971 C33 TOWN OF NORTHLAKE $20,750,010 320,538,273 820,861,826 320,782,257 323,136,300 32,386,296 • C24 CITY OF OAK POINT $21,965,603 328,742,410 330,570,822 361,318,656 370,195,825 318,229,822 C14 CITY OF PILOT POINT $83,713,160 385,464,676 $60,192,486 $14,857,107 883,77.54 $20,062,425 C15 CITY OF PONDER 510,333,629 310,947,094 311,912,806 312,904,714 014,611,873 $4,276,041 C17 CITY OFROANOKE $113,307,371 $117,007,185 3111,434,631 3137,94,167 3136,511,361 $23,203,090 C18 CITY OF SANGER $71,550,849 $75,692,715 $79,041,497 $64,74,002 391,006151 319,535,302 C28 CITY OF TROPHY CLUB _$211,528,097 3224,112,130 8244,562,046 $273,151,542 3306,800,002 $97,271,905 • CllIES707ALS :;,019,577,441 $7,852,505,037 $6,473,070,718 39,456,594,826 310,319,921,232 $3,350,343,791 4 N O. 9,r r 27. z ; SECTION 3.F. TAX LEVIES FOR THE YEARS 1993 THROUGH 9996 Tto s todiM 'TAX LEVIES' in drts section oorstaau hn infonnatfon for "oh misdKoon for tax Yom !993 Cragh 1094. TM 1997 Mry iMom*tion Is not V"er*d because tt is rat avstatrls. TM next to Mk ooksm h ft sdredr/r k d'icahs bw trdvssed or omossom tow woo shoe 100.1. For knW- wft1090 ss fhe bass year, MM sdaot dtstrkts Mrs Nrisd ou&g go same period, the Courrgr has IwMd The W9M me aw end fM Aw Mre MNed r&%AM Mss on Fx Wwty tmw The Met CANM nprasnb the srers0a arrwM changes in ft to MrMs "ft fhb period. The ow*o. i gmwth In to WA@s is ora of ft best indi *n of 0* YnporWm of the Appri" t M#Ws efforts. f. t . ~,1'.~hp C / l7 V , ~ • TAX LEVIES AVERAGE ANNUAL TOTAL LEVY 1995 1994 4995 1996 ADDITIONAL INCREASEI JURISDICTIC'NS TAX LEVY TAX LEVY TAXLEVY TAX LEVY LEVIES (DECREASE) SCHOOL DISTRICTS: S01 ARGYLE ISD $2,554,132.02 $2,868,616.38 $3264,757.61 113,06,701.75 $1,946,669.06 $646,696.56 S02 AUBREYISO $1,225,909.46 $1,2$4,56S.S1 $1,462,613.76 $1,657,941.0 $717,362.40 5239,127.49 SOS DENTON ISO $38,722,902.67 $33,972,002.49 $39,396,301.76 $43,396,472.42 $6,599,066.05 52,199,609.35 S07 KRUM ISD $1,213,54619 $1,238,250.59 $1,185,46129 $1,542,121.79 $425,166.51 $141,724.50 508 LAKE DALLAS ISD $4,1$2,436.63 $3,664.000.67 $4,979,701.80 $5,937,$10.67 $2,023,733.04 $674,577.06 SO9 LEWISVMX ISD 10,970.101.97 $T0,162,336.01 $62,629.522.93 $97,066,124.64 $48,966,677.06 $16,322,225.69 S10 LITTLE ELM ISD $1,835,299.68 $1,642,74227 $2,200,203.77 $2,597.54522 111,334,589.62 5444,663.21 511 NORTHWEST ISD $11,248,904.98 $12,064,263.47 :14,342,748.22 $17,784,624.69 $10,464,619.35 $3,486,273.12 S12 PILOT POINT ISO $1,779,492.30 $1,740,316.96 82,024,136.47 $2,152,667.43 $576,73427 3192,91/.42 S13 PONDER ISO 5724,109.09 $766,946.62 11663264.18 $987,967." $425,691.22 $141,963.74 S14 SANGER ISO 12,399,654.43 $2,323.906.66 $2,072,951.07 52,161,977.62 $579,872.30 $03,290.77 SCHOOL DISTRICTS TOTALS $130,666,492.02 3131,737,93737 S155,341,M.55 $179,0422293.92 $74,062,646.20 $2407,548.73 AVERAGE ANNUAL TOTAL LEVY 1993 104 1995 1996 ADDITIONAL WREASE/ • JURISDICTION TAX LEVY i AXL.EYY TAXLEVY TAX LEVY LEVIES (DECREASE) GO1 DENTON COUNTY $30,626,77922 '41,134,101,05 $33,351,161.76 S36,080,735.73 $6,683.680.66 $2,695,226.96 • • E N CO +S • TAX MASS AVERAGE ANNUAL TOTAL LEVY 1993 1994 1995 1096 ADDITIONAL INCREASE! JURISDICTIONS TAX LEVY TAX LEVY TAX LEVY TAX LEVY LEVIES (DECREASE) _ CITIES; C25 CITY Of ARGYLE =243,450.88 $261,876.89 $347,007.06 338$736.53 =261,066.69 $67,028.6 C01 CITY OF AUBREY $93,049.33 395,52026 $100,347.60 3139,79253 536,462.40 $18,827.47 C31 TOWN OF BARTONVILLE 360,127.66 $81,453.36 $69,756.6 $96,378.86 326,20623 $8,735.41 C03 CITY OF THE COLONY $4,301,064.06 54,439,44334 , 34,718,191.01 35,100,466.65 51,354,8".76 $451,833.25 C04 TOWN OF CORINTH $791,990.06 $748,891.13 $1,079,219.76 31,266,486.72 $731,629.36 $245,676.45 C27 TOWN OF COPPER CANYON $64,004.45 $64,506.17 $83,430.02 $86,625.00 342,549.84 $14,163.26 005 CITY OF DENTON $14,044,520.74 510,5W.11MOS 310,774,414.15 $11,457,196.38 ($9,371,266.76) (33,123,762,25) C30 CITY OF DOUBLE OAK 3173,622.36 $184,921.72 3200,810.12 8213,979.97 378,544.72 $26,181.57 007 CITY OF FLOWER MOUND $4,677,855.77 $6,47,075.10 $0,750,707.37 8706,367.50 36,06082.79 $2,021,527.59 C22 TOWN OF HACKBERRY 510,503.94 $10,84205 514,1".37 $11,516.34 $2,016.93 $872.31 C19 TOWN OF HICKORY CREEK 3256,315,44 3265,39176 3282,099.99 $322,604.75 $101,231.17 $33,743.72 C08 CITY OF HIGHLAND VILLAGE $2,431,010.27 $2,745,243.79 $3,121,720.04 $3,9W,"5.18 32,285,816.07 $755,272.02 C09 CITY OF JUSTIN $118,677.61 512018.52 $128,990.20 $147,048.58 $41,924.47 $13,974.62 C16 CITY OF KRUGERVILLE $31,630.86 $33,113.13 $35,218.88 336,071.06 56,910.50 $2,970.17 C10 CITY OF KRUM $76,798.61 $81,673.64 5910134 3101,738.86 $38,946.41 512,882,60 C11 CITY OF LAKE DALLAS $459,66S.92 3455,373.03 3589,25820 3899,782.92 $345,414.06 5115,130.03 C25 CITY OF LAKEWOOD VILLAGE $21,452.91 322,447.24 325,613.54 $39,321.85 522,923.89 $7,841.30 C12 CITY OF LEWISVILLE $11,056,412.61 510,1HIS,149.61 311,778,678.06 313,356,78020 32,651;350.04 3950,450.04 C13 CITY OF LITTLE ELM $144,348.28 $146,483.92 $158,041.33 $174,067.36 $15,547.79 315,182.60 C23 CITY OF MARSHALL CREEK 56.669.67 38,80314 $7,059.38 $7,38254 $1,175.42 $391.81 C33 TOWN OF NORTHLAKE $51,631.83 348,43223 $40,523.10 361,387.91 ($4,672,56) ($1,524,19) i 0 C24 CITY OF OAK PONT $73,606.13 $98,674.53 8168,75820 $164,399.15 3228,304.50 $78,101.50 C14 CITY OF PILOT POINT $433,645.41 $423,289.15 "36,069.75 $416,434.56 (325,73275) (38,584.25) C15 CITY OF PONDER $18,032.18 $19,316,53 820,344.75 322.208.37 36,775.10 $2,256.37 C11 CITY OF ROANOKE 3358,41523 $375,183.48 3392,887.63 $489,616.66 8182,322.06 360,774.02 C16 CITY OF SANGER $335,889.24 $345,227.24 $373,477.00 3407.828," 3118,983.41 $39,621.60 C28 CITY OF TROPHY CLUB $711,631.16 826,440.74 31,0061980." 34,1/8228.7 3015,448.07 _ $XS.149.36 0 CITIES TOTALS $44,068,648.55 $36,887,794.93 342,786,960.63 $47,928,227.00 36,397,043.79 $2,132,347.93 • N ,D 2 { r rp r TAX LEVIES AVERAGE ANNUAL TOTAL LEW 1943 1994 1996 1996 ADW 044AL INCREASE/ JURISDiCn2 TAX LEW TAX LEW TAX LM TAX LEW LEVIES (DECREASE) SPECIAL DISTRICTS: W04 CLEARCREEK WATERSHED AUTHORITY f17,633,96 $1279.75 :16,7602!! $17,666.41 ($2.456.46) ($516.62) WOT CORINTH MUD $256.045.90 $234,99.92 8233.666.66 $23=,00426 ($74.430.17) ($24,610.06) FOi DENTON COUNTY FIRE $16,520.69 $43,173.56 DISTRICT $32,667.73 116,162.12 $47,974.48 $63,167A L01 DENTON COUNTY LEVY IMPROVEMENT DIST 91 $230.645.10 $216,19.62 $234,760.57 $71326.00 (8139,656.90) ($46.651,97) WOS DENTON COUNTY MUD 92 $541,945.11 X27,64114 $644,$0263 $561,033.36 17.641.77 $2,541,26 RLID DENTON COUNTY ROAD 6 UTILITY DISTRICT Si $1,535,053.77 $1,170,34625 0,706,517.26 "24.10.72 ($611,106,09) ($270,369.36) W03 TROPHY CLUB MUD $704,259.71 $01.712.66 $720,94043 $649,003.61 $201,677.59 $67,292.53 W06 LAKE TURNER M.U.D, $96.704.10 091,674.00 $14422 $143.96 ($196.10.12) 06,050.04) W 10 DENTON CO FRESH WATER DISTRICT $0.00 $0.00 10.00 $67,779.32 $67,776.32 $29.256.77 SPECIAL DISTRICTS TOTALS $3,420,175.49 $3,12 13s $3,507,390.50 $2a: ,964.37) {S27 GRAND TOTALS $205.602.095.26 $204,666496150 $234,967.426.65 823S.949. 10.19 $66,316,366.49 $29,436,795.50 W O , All • _ j ~ t r; ~ `t s. `'.'j!a;t~r 5 ~ `'~%S., ~~~~~TV~i!'~ tiie~l~~+', }:4:\..'~SF.'{,;~i 0' f 31. „ SECTION 3.G. BUDGET ALLOCATIONS FOR THE YEARS 1993 THROUGH 1997 The N k." sdwduie titled "BUDGET ALLOCATtO W is a comprdwnsiw sport an the fun&v d DCADS budget by tw*v pnsacbon for each tax yew from 1993 through 1997. The rw d to NW cokwrrn indc" V* told inaease (or decrease) in ft amount of Axrdirrp of the Appraisal DakWo budgets by aech ^ sinm 1993. For irwo m, using i M a fm base rest. "sdwd 1 11.. have hxWed an odffond $1,072,073 of the Appraisal Dblricf s budgets, ~ swra0a $M,1 W W year. Du ft the sw" ttwee year poeoK to Carly h m the *W peyMg 2w Appraisal Distrkt $455 iew per year. The dtwe haw averaged paykrg $21.018 foss pw year. The W mwbm d'aw"od in this section. *ton compared lo the inlorma4on in ttw pnc ckv SecYon 3. F., shouW comity that too to** kxbdc bw* are reoeiAV substw Ad tU levy inaeasee r sm, loft addt ww (ar deae Mo ms" of " ~ Appreisd Dislrids budgets. Ttw Appraisal District does nol tab a*& for tfw property beMg ewiabb fA tax. Furfwr, tM k="" in taxable property aeoaaks and appraised vak» is, rat of our maWng. Howsm, it is through to ApM" Dkws efforts that the property is pkmd on the appraisal rot and is avakbk lo be Wmd at madcst valve. i r L S- c ~A r y '.L 1 sq~ ~ rw xV `i . ° Ili • r' Yt `ca '~Yr ..y C~k i}1``i:~`~ n4•i v Y~.li! , i'' t BUDGET ALLOCATIONS TOTAL AVERAGE 1013 1994 1916 1916 1917 ADDITIONAL ANNUAL BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET INCREASE! JURISDICT10N8 ALLOCATIONS ALLOCATIONS ALLOCATIONS ALLOCATIONS ALLOCATOO ALLOCATIONS (DECREASE) SCHOOL DISTRICTS: $01 ARUYLE t 10 $27,610.79 $26,316.46 932,116.01 136,611.37 937,434.64 323,04402 $5,761 16 S02 AUBREYISD $12,131.74 $13,615.0/ 915,130.66 116,611.31 918,177.63 $13,707.72 $3,42693 SOS DENTON ISO $395,139.40 $401,64160 1401,72231 1431,743.60 9441,41917 $120,17277 $30,04319 $07 KRUM ISO $11,774.34 $14,144.17 $14,934.03 01,320.36 316,79L62 $14,09272 $3,523 16 508 LAKE DALLAS ISO $46,255.47 $41,117.44 $4.0ft12 $66,45720 157,727.07 920,112.04 $5,22051 SOO LEWISVILLE160 $712,612.03 $743,777.89 9149,410.31 $020,217.70 $19 AKIII0 1653,861.41 $163,41662 S10 LITTLE ELM ISD $16,936,32 $13,161.62 $19,M44 $24,602.94 $24,661.14 119,263,06 $4,12077 S11 NORTHWEST ISD $172,172.35 $164,01603 1204,830.00 1228183.43 9246,267.73 $164,231.59 $41,05965 $12 PILOT POINT 150 $30,449.77 $32,631.63 933,87912 1340,80.37 936,910,40 05,111.25 33,954.56 313 PONDER ISO $7,675,06 $6,042.03 $1,24/,8! 11,814.11 99,11231 96,117.90 31,629.40 S14 SANGERISO $22,321,22 $26,400.63 329,027.81 14/,717.77 921,497.90 321,649,20 35,41230 SCHOOL DISTRICTS TOTALS $1,456,416.50 $1,523,37206 $1,860.614.18 $1,604,230,32 11 ~,910,12627 61,072673.41 $266, 166 JS TOTAL AVERAGE 1993 1094 1/95 1998 107 AWT1ONAL ANNUAL BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET 1114CREASEI • JURISDICTION ALLOCATIONS ALLOCATIONS ALLOCATIONS ALLOCATIONS ALLOCATIONS ALLOCATIONS (DECREASE) G01 DENTONCOUNTY 3364,663.24 $340,144340 1375,496.60 $371,421.00 1360,471.20 (31,110.62) (345513) w N f ii. . WON q pi • • BUDGET ALLOGAMNS TOTAL AVERAGE 1993 1994 1916 1116 1997 ADDITIONAL ANNUAL BUDGET BUDGET BUDGET BUDGET YUDOET BUDGET WCREASEI JURISMTIONS ALLOCATIONS ALLOCATIONS ALLOCATIONS ALLOCATIONS AUxCAT104 NiOCATKk1S (DECREASE) CITIES: C26 CITY OF ARGYLE $2,111413 $2,703.79 93,165." 93,161.60 93,919.46 $2,266.61 $57220 COt CITY OFAUBREY $1,147.41 $1,033.42 $1,16203 11,117.51 31,431.19 31441A $3614 C31 TOWN OF SARTONVtLLE $995 04 "".90 391238 $991.59 "70.09 ($131.60) ($32.90( C03 CITY OF THE COLONY $53,077.27 $41,70!.11 353,$4105 $52,644.3 $62,7!9.30 ($6,224.41) ($1,556.10) C04 TOWN OFCORINTH $9,374.50 $6,795.93 $9,002.01 $1106.60 $13,194.24 $5,509.76 $1,377.45 027 TOWN OF COPPER CANYON 1761,30 $71064 $7111.01 3929.13 $9$7.06 $11963 $44,96 COS CITY OF DENTON $170,05030 3155,910,07 $127,006.36 $111,991.09 8117,322.22 (3159,901,16) (139,975 30) C30 CITY OF DOUBLE OAK $1,905,44 $1,921.27 $2,240.16 32,736.30 $2,191,14 372042 5160.16 C07 CITY OF FLOWER MOUND $51,171.12 351,952.60 "0,990.41 176,180,40 $10,944,74 3.6,219.91 $11,512 41 C22 TOWN OFFMCKSERRY $14333 $116.65 813076 $124.38 8111.96 ($0,56) (120,90( C19 TOWN OF HICKORY CREEK $3,24279 12,60.06 $3,20011 $3,141.64 $3,$01.43 (3477.74) ($119.44( COS CITY OF HKH.AND VLO. 826,977.70 321,999.09 $33,10610 134,71$.06 $37,906.30 $16,761.40 $4,192.12 C09 CITY OF JUSTIN 31,36691 3911.04 $114".16 $1,410.91 $1,606.90 1116,26 346.32 C11 CITY OF KRUGERVILLE $376.67 $353.61 $399.30 $M22 9301.31 ($1.02) ($O 25) CIO CITY OF KRUM $070,51 $675.14 $1".03 1111,020.47 61,041.02 $6,42 $211 C11 CITY OF LAKE DALLAS 35,LR39,39 $5,105.10 $6,49207 ",339,02 $7,160.$6 SIMS,01 $36027 C25 CITY OF LAKEWOOD VILG $210.80 $23425 827013 32M.14 1I40266 3112.34 $21.09 C12 CITY OFLEWISVILLE 3134,60546 $122,112.32 3131,37316 $131,216.26 $136,9".q ($10,0243) ($4,206.11) C13 CITY OF LIME ELM 31,674.11 31,60314 31,796.66 41,790.06 111,79211 $21542 $53,91 C23 CITY OF MARSHALL CREEK $0.30 $14,21 $3206 $7$.02 $76.00 ($2204) ($566( C33 TOWN OF NORTHLAKE $645.06 $573.42 $$64.12 $461.29 "2$.41 (9343.01) ($6S 77) C24 CITY OF OAK POINT 3/N." $611.6$ $1,164.11 $11179,$0 j1,"1.17 $2,151.64 $539.14 C14 CITY OF PILOT POINT $5,343,06 54,31333 30,106.12 $4,166.46 $404.34 ($2,32120) (1392.05( CIS CITY OF PONDER 3200.66 3200.20 8270.13 !226.67 3227.42 372.40 31312 C17 CITY OF ROANOKE $4,37250 $3,96040 $4,624.13 $4,370.24 $6,01271 $403.t2 $100.76 CIO CITY OFSANGER $4,040.09 33,730.42 $4,113.64 $4,161.29 $4.179.22 310.21 317.30 C26 GTY OF TROPHY CLUB $9,031.21 31,903.62 $11,161.74 $11,214.61 $11,460," $6,601,40 11,400.37 • CITIES TOTALS $414,214.64 3450,201.54 3401,10133 $476,6".33 ~6mm1= 3$4,074.31 321$~) w w t' - BUDGET ALLOCATIONS TOTAL AVERA3E 1093 1904 1844 1606 1667 ADDIT*KAL ANNUAL BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET INCREArW JURISDICTIONS ALLOCATIONS ALLOCATIONS ALLOCATIONS ALLOCATIONS ALLOCATIOW ALLOCATIONS (DECREASE) SPECIAL DISTRICTS: W04 CLEARCREEK WATERSHED AUTHORITY 6211.72 11,196,06 S1M.34 5106.61 $184.17 (061.43) (020.35) W07 CORINTHMLID $2,90490 s2,1M.11 $2,12$,83 52,601.16 s$ST6.7$ (41,31328) (632631) FO1 DENTON COUNTY FIRE DISTRICT 3417.62 5353.03 4436.02 SMAG 664,43 6210.16 $52,54 L01 DENTON COUNTY LEVY IMPROVEMENT DIST /1 $975,66 s2,561.57 $2,846.16 SMAT $730.47 62,607.63 4551.98 A*S DENTON COUNTY MUD 12 $7,093.74 66,018.90 $9136$.66 66,06720 15,749A4 (91,190.06) (s1,04s 02) 4UD DENTON COUNTY ROAD & ROAD & UTILITY DIST $11,031.04 417,081.10 $14,116.01 $16,343.62 51,11!.12 (616,013.26) (!3,77061) 11UA LAKE CITIES MUA UTILITY DISTRICT i1 $467.17 $216.22 $0.00 $0.00 $0.00 (51,729,46) {$432 37) NO3 TROPHY CLUB MUO $12,611,46 $6,024.61 69,01211 $0,242.84 64,126.64 (4/6,331.81) (43,634.59) NOS LAXE TURNER M.UD $76.93 $1,074.00 $1,100,02 81.61 $1.84 $1,847.00 SW 7s N10 DENTON CO FRESH WATER DISTRICT $000 40.00 K00. $0.00 ~ SM." $611.84 $224 71 SPECIAL DISTRICTS TOTALS $42,903.64 s36,406.97 837,621.01 534,21629 $71,171.=55 332 141.17 ($6,03547) mar GRAND TOTALS $2,359,125.12 32,361,126.12 42,643,134.00 $2921516.00 S M3100 3844630.61 3236,659.16 • u A +i i r _ • _ - ~ .ni.. ~ ~ ,d.,-iJ ~,.~L r .rS yf.. s?,~lTf4 L`'i~ _~i~ , .,r, 1 rJ ~y • 35. . I SECTION 4.A. BUILDING DRAWING TM fold out in ft section shm the architect's plans for tha extww of the building and du row plan for the rmowtion and ttw adcbft The dark Wm on ft,a floor pl&w are tfw wafls to be built. The Pow rows roflad existing web drat wN rsnlakl ktoe! f The double broken kws are existing web that *9 be rwwved. The pai*V dot Is rwt rapwsa 7fw Appraisal District has sufflm* par" u ro***d by ft appMcebie but#dkq code. j These dran*W m ft property of tM Ard*ecbxal Coilac M w-d **uid not be rsproduead. • i 1- I • l~f~tiM.iGl_r ill 37. SECTION a,B. OUTLINE SPECIFICATIONS The woo abon on the next pp is oonstruction spodkabwt The klomwtion provides soma gowal kvwms6m about to adual construction. 'r 9 ..w+s.ar . Y ~ 1'k i`<~ .'Ir. .~}r' 1 i~~3?~ lr r ~S~ ~ ni, ^ ,Y F~K iS,r ~1ti rLrr ~'ri \r2'n ~1~ 'i ~~r'~ 4 s' " Zak k"j • • Denton Central Appraisal District ~ ydly~ E 1 r e{1{ ..Iy { r =1 F1~~~ IFF Mill rill-] I ,l i 1 Qhu r Ij - ~ F ~ w 'rte ~ t~~...........-~ 6 n h ii FLOOR PLAN h ~ \ k~ wry ~z 1 r \ ® R UUU Now I n U] ITHUM ill MR WR J oaoo ° SMFF1 WEST ELEVATION ~ K~ w r•~ • • F • • THE ARCHTECTMAL COLLECTIVE INC. 00#M TOM 7WO1 1300 (Bt?) 7~ as7~N3874"1 LDCI~T FAX (W 713831 R42 DENTON CENTRAL APPPAISAL DISTRICT 3911 Morse Street P.O. Box 2816 Denton, Tessa 76202-2816 817-566-0904 GMrXz SITWAORE: 3000 psi concrreete# reinforced , with c f3's shall 0 18' o%c each way. Building slab will be designed subject to the results of a soils Test Investigation. The slab will be at least 4" ab may a"achkway00 If i Soils Toot ,rereinforcod sultss call forhit,, the fsl18" o/c be a 50 slab on select till, or it may be a 5' slab on void box cartons. Foundation will probably supporting da gr~ bconcrte een or tmeon with f spiral rsinlorcaseat, box cartons. Foundation will have a 6 mil polyethylene moisture barrier, and the soil will be treated for termites. STRUCTURE: The structure will be a fabricated natal building system, using steel bents, purlins, and girt*. EXTERIOR WALLS: • The exterior walls will be as shown on the Drawings, consisting of metal siding on the north and seat sides, and 5/8" Firefully Coda lnsulated~,es and r interior ewallasurfccesCavities bewill ` gypsum board. ROOFING: • Roof shall be a continuation of the now malaria], color and • • profile as the existing roof. ANOWSM OWW D I. STOW • RUIMLL L /ATA • NMOHM A. DAMN Z. i • 39. INTMUOA WALLS: Interior rills will be of metal studs, insulated in so" cases for sound insulation, a" surfaced on both sides with 5/8' Fire-Code gypsum board. DOORS AND YINDOWN: Exterior door frames shall be welded steel frames with metal 1 shall bed welded steel~irsarsliwith. interior rdoogl and r frames aluminum be commercial 3/4' thick, 3' x 7' wood ours. finish and keying, grader matching assisting FIItIf~S: f Floor covering ahall be either Vinyl Composition Tile or Carpet, with 41 Rubber sass. Walls shall be tape and bedded, textured, and painted. Ceilings shall be 2' x 2' acoustical tile in a suspended grid. CASXLvM: Cabinets shall generally snatch the existing cabinetwork, and shall be plastic laminate clad. SPECIALTIES: Specialties •abl include fire solid toilet s partitions, toiled and accessorize, gr projection screen. MECHANICAL AND ELECTRICAL: Plumbing shall be equal to American Standard, Kohler, or Crane. Fire protection shall be a sprinkler system for both the new building and the existing. i Heating and air conditioning units shall be gas-fired heating, with electric cooling, zoned units, with ducted returns. Electrical work shall include fluorescent lighting, metallic • conduit systems, phone conduits, fire alarm system, and • O computer conduits. { 40. SECTION 4.C, COMPLETION SCHEDULE FOR THE PROJECT tf approwd. the WON omarts m should be wmpislsd by early f Btitl. H a majority i approval is Awshed by the and of the mxmw, wnsbucwn should begin by d" middle of tel. FYtalsed buWV oo wwcoon plans and 1M biddirtp process an r***vd betas oonstrucYon can begirt. The aahiMd has pnpaad pm*gvwy puns and coat esipnaSw The aclract vA oontplss the !Intl oonsbuclion drowYtps afar the bul V projecthas bean approved. ' The tolarrirtg Is a tantotive odw4or of wants for to bull tp aspanaiort project. A. August & Sap*r6w - P,Ow proRam to jar $ d "ertd rseaiva approve( B. odolw- Ccnstrtx§w plans to be awplelad 0. November - Bidding of wood D. DeoemborNorch - Buldktp eon*uation E. Apd - oca*WKY i I ! f i e . ;i o.'';;,;: 3r r '.:iY ~'4 ..ti~Sfh.}~t ni~ ~tlr ~'~ir'Y~}~!,°~~ i Z~ <1`* r~ • r -O 7 Agenda No. Apanda Item _ dlate CITY OF DEN TON, TEXAS CITY COUNCIL REPORT T0: Mayof and Memben of the City Council FROM: Tad Benavides, City Manager DATE: O~iober.7, 19,97 SUBJECT: ORDINANCE TO AMEND CHAPTER 8, SECTION 162, OF THE CODE OF ORDINANCES RELATING TO OPERATION OF THE CABLE TELEVISION PUBLIC ACCESS CHANNEL RECO,UMEADATION: Staff recommends approval. SUMMARY: Council has directed staff to prepare a resolution which would place the responsibility for administrative oversight of the cable television public access channel upon Marcus Cable, In Met for the Council to pass such a resolution, they need authority to do so. Sucb authority should came from the Cable Television Ordinance (Chapter 8) of the Code of Ordinances. The current cable ordinance contains nn language concerning the operation of a public access channel. This revision would Insert language into the ordinance which would give the Council authority to pass the resolution which also appears on this agenda. This item is a continuation of the item that Council considered at their Wort Session oa May 13. No new policy is being presented. The items contained herein will implement what the Council • expressed as their wishes at the Wort Session. t r BACKGROUND The city granted a cable television franchise to Sammons Cable in November of 1988. In 1993 the franchise was transferred to Marcos Cable. The franchise agreement and the Cable Television Ordinance state that the cable operator will provide at channel for public access. Section XXII (d) of t' • the franchise agreement states that: • • Rules snail be established by the cooperative effort of the City and Grantee regarding access programming, priority of use for the access channel, "IkdrraudroQLdrySenirs' ~ 5 1 . • MONSOON a, , J 1 City Council Report Page 2 prohibition of lottery information, obscene or Indecent miner, and permitting public inspection of the complete record of names arml addresses of all persons or groups requesting access time. The resolution that the Council will be considering oa this agenda delegates to Marcus Cable the authority to develop procedures and provide administrative oversight for the operation of the Pubic access channel. This ordinance enables the Council to delegate that authority. i PROGRAMS, DEPARTME1V78 OR CROUPS AFFECTED: , E : j City CouncU, Cable TV Advisory Board, Marcus Cable, Denton residertn, Denton cable television subscribers. FISCAL IMPACT, r None RESPECTFULLY SUBMITTED: I Prepared by: Ted Benavldes City Manager Richard Foster Public Information Officer Approved; s A 1 yC t♦ • AA 05610 ` ` - s - _ ■ q..~, :r z 1"-i .'~'y-~ tat. r • • ORDINANCE NO. AN ORDINANCE AMENDING SECTION 8.162 "ACCESS CHANNELS" OF CHAPTER 8 OF THE CODE OF ORDINANCES OF T11E CITY OF DENTON TO ALLOW PUBLIC AC- CESS CHANNEL RULES TO BE DEVELOPED BY THE CABLE OPERATOR AND TO DELEGATE TO THE CABLE OPERATOR THE AUTHORITY TO ADMINISTER AND OVERSEE THESE PUBLIC ACCESS RULES; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Section XXII of the Cable Television Franchise Agreement between the City and Marcus Cable Associates, L.L.P. ("Marcus'), the City and Marcus, or any succes- sive cable operator or grantee must cooperatively establish rules for the use of the public access channel; and WHEREAS, the City Council deems it in the public interest for Marcus to establish pub- lic access rules and to authorize the delegation to the cable operator of the administration and operation of the cable TV public access charnel; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: 5ESI1Q.LN_1. That Section 8.162 "Access Channels" of Chapter 8 of the Cade of Ordi- nances of the Cityof Denton is hereby amended by adding a new subsection, (e), which shall read as follows: Sec. 8-162. Access Channels. (e) The City Council, in cooperation with the cable operator or grantee, shall develop public access channel rules for the use 4,e public access channel. Tho City Council may, by resolution, delegate to the cable operator the administration and oversight of the operation of the cable TV public access channel, and delegate to the cable operator the authority to develop ad- ministrative and other procedures for the operation of the public access channel under such con- ditions as the City Council may establish in that resolution. The City Council shall have the right by resolution to repeal or limit the power of the cable operator to administer and oversee the op- 0 eradon of the public access channel or to repeal or revise any administrative or other procedures the cable operator establishes. aECIQW. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective, which are inconsistent or in conflict with the terms or pmvi- sions contained in this ordinance, are hereby repealed to the extent of any such conflict only, f 0 The non-conflicting sections, sentences, paragraphs, and phrases shall remain in full force end effect. SECTION W. That this ordinance shall become effective immediately upon its passage and apLro vat. • r PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I . 1 BY: I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: d-4 r r .i s„ Page 2 s 1. c w Y L / f. r1 ♦1 ©4' y r. ~ sr .ty, . I ( + ry r_.: 4 + rl L~ r t ~ r ~ t. 1 y~rl.dVtlkviL~'~inSXi1!.~;~t Agenda No. Agenda Item Date 1~_.,~. ~ ~ ' CITY OF DENTON. TEXAS CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: October, 7, 1497 SUBJECT: RESOLUTION REGARDING RULES FOR USE OF THE CABLE TELEVISION PUBLIC ACCESS CHANNEL RECOMMENDATION: Staff recommends adoption of the resolution, as does the Cable Televisil,n Advisory Board (4-1). SUMMARY: The cable television operator in the City of Denton is required by its franchise to provide a cable channel for public access. S.tition XXII (d) of the franchise agreement (attachment 01) indicates that rules for use of the public acceu channel shall be developed cooperatively by the City tud the Cable operator. The current rules (attachment 12) were last revised in 1994. This item Is a continuation of the item that Council wnsidered at their Work Session on May 13. No new policy is being presented. The items contained herein will implement what the Council expressed as their wishes at the Work Session. BACKGROUND: Council approved Rules For Use of the Cable TV Public Access Channel in 1991. Those rules were revised slightly in 1994. These further revisions will expand the access channel's availability to Denton residents. I The currant rules require potential access users to produce their programs in the cable operator's studio. They also limit the length of programs to 30 minutes. During the pact year, the City and the cable operator have received several requests from Denton citizens who wish to be public access • users, but who wish to produce programs outside of the local cable operator's studio, or who wish to • • have a pre-recorded tape played on the access channel, in some cases, potential public access users wi!~hed to show programs that were longer than 30 minutes. The City and the cable operator also re.eived complaints that the hmrs available firr scheduling publk access programs were too restrictive. 'Ot~ica'tJroQ~liry4nice' -No r 1 City Council Report Page 2 At a Council work session in May, the Council gave staff direction to return with a resolution that would have the cable operator (Marcus) administer oversight and operation of the public access channel while also including language that is contained in the franchise agreement concerning the channel. Specifically, the resolution would state: ; 1. that priority for use of the channel would be on a first-come, first-served bash 2. that programming containing lottery information would be prohibited 3. that programming containing obscene material would be prohibited 4. that public laspAion is permitted of the complete record of oama and addressee of all persons or groups requesting access tittle. At the wort session in May, Council was presented documents from Marcus Cable that they would use to administer public access programming. Since that time, Marcus has amended those documents ~ somewhat (attachment 13). They have Included a line on the Standard Access Program Agreement for organizations wishing to use public access. They have allowed credits at the cod of programs to be visible for up to 15 seconds. They have deleted language wbkb placed the burden for equal time for political candidates on the producers of public access progrsmmin j. They have included i paragraph at the top of the Standard Access Use Agreement which requires public access uaae to agree to abide by the rules. And in the Standard Application For Public Access Cb" Use, they have provided a section (H) which offers users an opportunity to have the program repeated and request a preferred Gay and time. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City Council, Cable TV Advisory Board, Marcus Cable, Denton cable television subscribers. FISCAL IMPACT None k RESPECTFULLY SUBMrMD: Prepared by: Ted Benavides City Manages Richard Foster Public Information Officer Approved: J 'd Attachment: #I-, Section XXII (d) of the cable television franchise agreement + 02: current Rules For Use of the Public Access Channel 03: Revised public access documents from Marcus Cable 1F ....~+~~sac e;.., iti 1~~.` rx~` l ~~r `7 j" ~zt'~C~57T.'~ r ti L~pa `L.•~~x ar i } w ~1`,y . ~ • • I 381 SECTION RXII, ACCESS TO SERVICES AND FACILITIES. Grantee shall provide the minimum range of services required from time to time by the FCC as its regulations presently exist or may hereafter be amended including, without limiting the foregoing, public, educational and governmental use channels in accordance with the following conditions: (a) Grantee shall provide and maintain five channels for public programing, educational prograsuning and governmental programming, three initially and, in the event that the conditions of faction S 1/2-91 of the Cable Ordinance are net, Grantee shall provide additional access channels. In any event, Grantee shall provide and maintain at least five channels not later than November 1, 1993. (b) The three initial channels, which are being maintained as of the data of Grantee s acceptance of this Agreement, shall be designated for the following use: ((1)) University of North Texas (2) Texas Vosan'■ University (3 Public Access/Local Organisation (c) The access channels described in subsection (a) above shall be mad* s plic ants without charge when requesttedreall ineaccordance with r the rules hereinafter mentioned. (d) Rules shall be established by the cooperative effort of City and the Grantee regarding access programing, priority of use for the access channel, prohibition of lottery information, obscene or indecent matter, and permitting public inspection of the complete record of names and addresses of all persons or groups requesting access tine. (a) Should channel and theaGran dispute relative to the the user of an access • visual signal, at the request of either, the dispute will be submitted to an independent engineer to be jointly selected by City and Grantee. That party requesting that such testing be performed shall be required to pay for the cost of testing and analysis performed by the engineer, unless the • iae•r shall find that there is a distortion of si nal quality. If a distortion is found, the party responsible for causing the • distortion shall pay the cost of testing, • • (f4 The Grantee shall provide "A/$ switches" and "lock boxes,' or similar parental control devices, at a reasonable price to any subscriber upon such subscriber's request. • PAGE 15 O 3 • • ~'t't a cti rnQ r~~t ~ L RULES ?OR USE 01 CADLE TV PUBLIC ACCESS CXANM The following rules apply to all individuals and groups who request the use of the Public Access Channel provided by Sammons Communications, Inc. The' intent of this channel is to provide citizens of Denton the opportunity to produce original programming for showing on the Public Access Channel. Definitions: Public Access takes three forms, individuals, Groups, and Users. Individual Definition: Any resident of Denton who comes to Sammons with a program idea. Sammons will provide a Producer/Director and crew to work on the project. Group Definition: Any recognized non-profit organization which comes to Sammons with a program idea. Samson will provide a Producer/Director and crew to work with the group. User Definition: Anyone who has been through a Sammons training course. Users will be allowed to produce a program in the Sammons studio. Public Access Users suet provide their own crew and talent. Rules: 1. Public Access programming must not contain: ' I A. Libel, slander, or defamation of character, B. Lottery information, • C. Material considered obscene or indecent according to community standards. 2. saamons will maintain and make available for public ' inspection during regular office hours, the names and addresses of all persons and groups requesting access programming. 1 _ • 3. Groups or individuals requesting access programming will f • • } be accoma.odated on a first-come, first-served basis. J[ 4. individuals or groups will be able to apply for a studio production once every three months. AM02957 WON ~ejiil~ ' s Rules For Use Of Cable TV NAO nmQn # Public Access Channel Page 2 5. Each program must have a script outlining the proposed production. 6. Each program shall be scheduled for production on either Monday or Tuesday between 2:00 p.m. and 4:00 p.m. A. Scheduling shall be handled on a first available time basis. B. Scheduling decisions will be made by the Sammons Production !tanager. 7. Programs shall be limited to 30 minutes in length. 8. Programs will be scheduled following completion by the Seasons Production ?tanager. A. Public Access program time slots shall be listed in Channel 25's weakly schedule as: Tuesday 6:00 p.m. to 6:30 p.m. Thursday 9:00 p.m. to 10:00 p.m. B. Each program shall be scheduled a minimum of two times. C. Programs will be scheduled on a first available time basis. 9. Programs shall be allowed three hours for completion of production. Set-up time will be included in production time. Sat-up can begin at 2500 p.m. on the afternoon of scheduled production. 1 10. Users will be allowed to use the studio between 6:00 p.m. and 9:00 p.m. on Tuesday nights. A. Studio will be available on a first-come, first-servad basis. 1 0. Users will have one hour to complete program. C. Time will include studio set-up. 1) Time will be kept by the Sammons employes on duty , • to run programs on Channel 25. 2) The Sammons employee will not be available to help craw with production. Mowever, the employee will have authority to remove any group from the AAA02857 rrW -'~4~ . ~•~,z~ .mar i _ - - - Y- - 1 Rules For Use Of Cable TV 11O~C~r.~tn~ Z Public Access Channel Page 3 i ftf studio for failure to abide by Public Access Rules. D. Users must provide crew and talent. 11. Individuals, Groups, or Users will be removed from studios i and denied access to Sammons facilities for a period of one year if the Sammons Production Manager has a reasonable suspicion that they are using or under the influence of alcohol or illegal drugs. 12. Not-for-profit groups with 501(c)(3) status may apply to Sammons for one remote public access production per year. i A. Scheduling of these productions will be contingent on the Sammons production schedule. B. Those seeking such a public access production are advised to make application for the production at the earliest possible date. ti 13. Individuals or Users must be 18 or over. Anyone under 1E must be under the direct supervision of a parent or guardian who will assume responsibility for the production. 14. Decisions made by the Sammons Production Kanager may be appealed to the Cable TV Advisory Board. 15. Decisions made by the Cable TV Advisory Board may be appealed to the City Cnuncil. - • k i AAA02857 O s. , 1 I r C iiiiiiiijillillillilliloiiiilii ,L r rte,, ~.-.4 y ;r;,~'4 w`I ~F•'i~f ~7j 1a~. ''i'~ ~~~1 Y S Jill ` y' • • Marcus Cable Denton District 205 Industrial St. Denton, TX 76201 Standard Access Program Agreement i This Program Agreement must be completed and signed by all persona requesting the presentation of program materials (hereinafter referred to as Cable Programs) over cable idevision systems owned and operated by Marcus Cable (Marcus) whether or not the production of such programs involved the use of the system's equipment. 1. Request for Program Presentation: The undersigned, Name Organization (if applicable) Street Address City, State, Zip Work phone Home phone requests that Cable Programs be accepted for cablecast over the Maras system. i • Applicant's Warrasties, Represetation and Understanding: In support of this request, the undersigned applicant represents, warrants and agrees as fotlows~ A Applicant shall indemnify Maas, its officers, agents and employees and the City of Benton and its officials, elected or appointed, and hold them harmkss from all ctaims, damages, liabilities, costs and expenses incurred in connection with any claim wising out of material supplied by Applicant or the cablecast of any programmin by A I • • privacy g PPIt which violate any copyright, right of or literary or dramatic right. • • ~I B. The Cable Programs comply with and meet the requirements of the programming Rules and regulations of the Federal Communications Commission (FCC) applicable to cable television systems, including but not limited to the following specific Rules and Regulations: 1) Obscene Matter: The system shall not transmit nor permit to be transmitted material that is obscene. (A section 76.215 of the FCC Rules and applicable City Ordinances.) 2) Lottery Information: The adverti system shall not transmit nor permit to be transmitted any cement of or concerning any lottery, gift enterprise or similar scheme, The determination as to whether a program constitutes a lottery depends upon the facts of each case. In general, a lottery requires a viewer to provide something of value (Consideration) and the receipt by the viewer of & prize is dependent upon chance. (Section 76.213 of the FCC Rules.) 3) Sponsorship Identification: When the able presents any programming or matter for which money, services or other valuable consideration is either directly or indirectly paid or promised to, or charged or received by, the person or persons supplying such programming for presentation on the systems shall make an announcement that such matter is sponsored, paid for or furnished, either in whole or in part, and by whom or on whose behalf such consideration was furnished. (Section 76 221 of the FCC Rules ) C) The Cable Program may be underwritten in the form of monetary or octet compensation, however, no commercial video or other type of advertising may appear in, on before or after the program promoting the sale ofcommercie products or services ofthe underwriter(s), The credit shall remain visible for no more than fifteen seconds at the end of the program, and in no instance shall their phone number be present D)The Cable Programs do not contain any material, statements, pictures, utterances or representations which are known or with reasonable are should be known by the Applicant to be untrue or to constitute a libel or a slander. E) The Cable Programs comply with all local and state laws as may be applicable to programs or program material presented through the faciliti:s of a cable television system, F) The Applicant will promptly, courteously and propedy respond to any and all public or FCC inquiries or comp.ZZ received by it or by the system coming the Applicant's Cable Programs • and will accept full rftNnsibiG for ty any such complaints or inquiries. ~ G) Upon written demand, the Applicant shall hold harmless and inn Marcus for tL expenses incurred in defending itself from claims or charges under the copyright Rules and Regulations, the laws of libel and slander, the laws P n+n coo the he rights taws, the FCC and • • any other claims, liabilities, expenses or charges i n t rights of privacy • presentation of against Maras arising Cron or caused by the Applicants Cable Programs. Applicant shall give Marcus notice of any such claims, demands, complaints or inquiries within three days of receipt thereof o g ~ i M Applicant will be fully and solely r I condition of Applicant's espoasible for the delivery to Mucus in good and safe the cable Cableprograms and for the Pickup of the programs after presentation on system Any Cable Programs not picked up by Applicant within 60 days after the completion of Presentation shall be deemed abandoned by Applicant It is Applicant's u nderstanding that except for willful or wanton negligence, Maras will not be responsible for any damage, possession fob es on of Applicant's Cable Programs during the time said programs are in stenL 1) Absence of Control of Program Content: Mucus shall not attempt to control the content or message contained in Applicant's Cable Programs except; a) In order to minimize exposure to children of programs w%* in system h' managements' judgment, are not suitabk for viewing by children (even though not obscene or indecent), the system reserves the right to schedule such programs at times when d0drea normally will not be viewers. b) System mnanagemeot or their designated representative appropriate steps to ensure that such n Prasntain or take programs comply with the requirements contained in Subparagraphs A through C herein above and that the Applicants' program meets the Company's technical standards. Such steps may include, but are not limited to: (1) requesting that the offending portions be derided, (d) requiring that the technical de&ckocies be corrected or Ni) refusing to allow the program to be r-t' lecast on the system. J) Presentation Without Cost to Applicant: It is understood that the carriage of Applicant's Cable Programs on Mucus' system will be without cost or charge to Applicant for the use of channel time. K) Scheduling of Presentations: Subject to the acceptance of this Agreement, it is understood Mucus will schedule the presentation of Applicant's Program on a first-come, first-served basis. The Company, however, reserm the right to limit the amount of time t party in order to ensure that all users have access o~~ granted to any one final selections of n'ty. It is understood by the Applicant that the its sole and programming date and time in all instances, will be made by the cable system at complete discretion and judgement, Signed this day of 19_ • 1 Signature of Applicant Signature of Cosigrner (if required) t `.1 • "'t.. i' 1~ S a. u' ~ ~ a~+su iskr..~1_F't'J rr t i,, F ;rS ate. r~....~~ r. . Marcus Cable Demon District 205 Industrial St. Denton, TX 76201 Standard Access Use A`reew"t Should my (our) application for use of access be granted, I (we) will abide by an ACCESS PROCEDURES and OPERATING RULES dt REGULATIONS. I (we) understand that should my (our) appkition be grunted, I (we) must execute a Progrun Agreement before any Progruns wifl be accepted for cabkow. I acknowledge that 1 have read these Agreanems and will abide by the intent herein. Signed this day of '19 Applkam's Signature Signature of Co-Signa (if required) (For Company Use Only) The above application has been reviewed and is recommended for Approval ( ) Disapproval ( ) • Comments Dated: i9 . Reviewer a 1 r~ t I Marcus Cable Denton District 205 Industrial St Denton, TX 76201 Standard APPlication for Public Access Channel Use j 1. A.ppkw's Name I Representing Group (1f any) ` 3. Applicant's Address 4. Telephone M Business Phone M tt is my (our) desire to reserve time on an access channel for the purpose ofcahiecastin& if suitable, Programming produced by (Individual or organization) A. Title ofprog B. Author(s) C. Producer(s): D. Run time in minutes and seconds (Pease be exact.) pnchrde the time required for production credits, FCC Rues and Regula ions.) source identification as is required' under E. Fomtat required: 3/4" • F. Part of a series? Yai_ No Program changed each G. Preferred air time for program Day/Date__-____---- Time ti • • , • N. Do you wish to have this program aired n second time? Yes No Preferred re-air time for program; Day/Date Time 11 k n 1 E i I. Description: A narrative description of the Cable Program (Program) has been prepared by or i under the direction of the und"gned Applicant and is attached (Exhibit A); it is an axurate and f reliable description of the Program J. Requested Times and Dates: It is understood that the sehextuting of programs on the cable system is subject to 1) the availability of cable channel space and time, 2) prior requests for cable presentations and , 3) the availability for use of the equipawd and persorukl necessary for such presentation. K. Technical Specifications: Programs will be accepted on W VHS, or 3/4" video cassettes which are compatible with the system's cable casting equipment. Programs will not be considered compkte, and therefore wit) not be ukk tasted until the following is completed: i (a) AEI to must be legibly labeled (4' or on both the of the tape printed) box antes cartridge. Label information should be identical to the slate information (b) All programs must be accurately timed to the second; this time shall be prominently displayed on both the spine of the box and the tape label. (c) By virtue cf such program being delivered to the Company for airing, the Access Producer represents that all necessary guest releases have been obtained. Applicant shall indemnify Marcus, its officers, agents and employees and the City of Denton and its officials, elected or appointed, antes hold them harmless from all claims, damages, liabilities, costs and expenses incurred in connection with any claim arising out of nwerial supplied by the Applicant or the caNwast of any programming by the Applicant which violates any copyright, right of privacy or literary or dramatic right. I (we) have read the terms and conditions set forth in this Application for Public Access Charmel Use and have read and executed a Use Agreement and a Program Agre ememt, and should nr • (our) application be granted, I (we) will abide by the Rules and Procsdura arA adhere to the stipulations of all applicable agreements. t , Signed the day of , l9 I • • Name of Applicant Signature of Co-Signer (f required) rw~r r • . ~ I s , ~I RESOLUTION NO. A RESOLU110N OF THE CITY OF DENTON, TEXAS AMENDING RESOLUTION NO. R94-072 ADOPTING CABLE TELEVISION PUBLIC ACCESS RULES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section XXII of the Cable Tel, ~ision Franchise Agreement between the City of Denton and Marcus Cable Associates, L.L.P. ("Marcus") provides that the City and Mar- cus must cooperatively establish rules for the use of the public access channel; and WHEREAS, in accordance with S.vtion XXII, on December 6, 1994, the City Council passed Resolution No. R94-072 adopting cable television public access rules after recommenda- tion by the Cable Television Advisory Board; ,and WHEREAS, the City Manager has recommended the amendment of Resolution No. R94- 072 to authorize Marcus to develop public access procedures and to require the cable provider, Marcus, to administer and oversee the operation of the cable TV public access channel; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. Tbat, in accordance with Section 8-162 of the Code of Ordinances of the City of Denton, Marcus Cable Associates, L.L.P. or any successor cable operator is hereby dele- gated and directed to administer and oversee the operation of Uje cable TV public access chauurel and to develop public access administrative and other procedures for the operation of the public access channel which shall inch le, without limitation, the following: 1. That the use of the channel be on a first-come, first served basis. 2. That lottery information and obscenity be prohibited on all public access channel programming, 3. The cable operator will maintain and make available to any member of the public • for public inspection during regular office hours, the names and addresses of all persons or groups requesting access programming. r SECTION II. That any public access rules or procedures developed by the cable operator shall replace and amend the public access rules adopted by Resolution No. R94-072 and from and after the effective date of the passage of this resolution, Resolution No. R94-072 shall be ! void and of no further force and effect. • • $ECZ ON III. That this resolution shall become effective immediately upon iu passage and approval. l l~J ~ . µ.~..,rwa a i „ • 4 PASSED AND APPROVED Ibis the day of 1997• t. F. JACK Mil LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY t: E, BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CI ATTORNEY BY: E r t:dp[4ftlWlltlld RlCIMI0~~~2 r _ If 1 F t 1 Page 2 6` "palm _ t i •:i'~f. A_~ 4~K tea' . v' •J rr~(.i 1. 1 , •'j, 4 :'r ~~,e '...L•.~i= 4 Z%41 dt J•3,ti~ `et .ti1Yy~. ~ a h• 7 f~ f S ~ ~ L' ume • • „ r. Agenda No. Agenda Item 0z / Date CJTI! Of DENTONLTEXAS Economic Development • 215 E. McKhwey • Demon. Texas 76201 4 MEMORAN (940) 349-8305 • FAX 1940) 349- 7239 DATE.: September 29, 1997 TO: Mayor and City Council Members FROM: Linda Ratliff, Director of Economic Development THROUGH: Ted Benavides, City Manager SUBJECT: Economic Developmerd Partnership Contract The enclosed contract between the City of Denton and the Denton Chamber of Commerce outlines the scope of service and funding for the economic development program for fiscal year 1997/98. The contract was presented to the Public Utility Board on September 17, 1997, and has received their approval. The contract provides the following: f 1. A seven-member Economic Development Committee will be created to oversee economic development activities. In our original contract with the Chamber, an advisory board was established. The advisory board was replaced by the Economic Development Corporation. The new contract establishes a committee with the j following members: The [Mayor of the City of Denton The City Manager The Director of Utilities • A Public Utility Board Member The Chairman of the Chamber of Commerce Board of Directors The President of the Chamber of Commerce One member of the business community (to be appointed by the Chamber) 2. The Chamber will prepare an implement a strategic plan that addresses the marketing f program and other Chamber-initiated economic development activities. The L - • Chamber will prepare a monthly activity report and review the progress of the plan • • with the Committee on a quarterly basis. Ttrdxexed to Vu An Srn ire' • t: pop ~r.....~... . s 3. The Chamber will continue to be responsible for the marketing efforts of the ; eamomic development program and will recruit industrial prospects as well as develop marketing materials to promote Denton 4. Success of the Chamber's efforts will be measured by: E, a. Completion of the strz'egic plan activities i h - b. Increase in industrial property valuation c. Increase in related gales tax revenues d. Increase in new or expanded industrial businesses t C. Increase in industrial or related jobs 5. The Chamber's economic development program will be funded through: a. City of Denton Utility Fund $ 85,000 b. City of Denton General Fund 76,217 c. Private Sector Contributions 85.000 Total Budget $246,217 The contract requires that we renegotiate funding shares in subsequent years 1 If you have any questions regarding the contract, please do not hesitate to call. i r J rt • t M J s r' - .-_-ti ~y't 5~2 ~._}'y r'L.~'~`.' ~~Yy a^- ' i l y~ •~1• ~ k~rY~ ~ 5~ (,k r r . ORDINANCE NO. AN ORDINANCE APPROVING A CONSOLIDATION AMENDMENT OF THE ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PRO- f MOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS 'T'HEREFORE.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into an agreement for an economic development program and services with the Denton Chr.mber of Commerce on AugtL4 15, 1989 and the agreement has been amended on three occasions since that time; and WHEREAS, the City Council deems it in the public interest to approve an amendment consolidating the previous agreements and providing a new agreement to continue the agta- ments between the City and the Chamber for the provision of economic development services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute a Consolidation Amendment of the Economic Development Program Agreement be- tween the City and the Chamber, in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes. SECTION. That the City Manager is authorized to make the expenditures as set forth in the attached Agreement. i ION III. That the attached Agreement shall, in all respects, supercede the previous SECT Agreement of August l5, 1989 and all amendments to that Agreement. F • i C, FCTION IV. That this ordinance shall become effective immediately upon its passage i r and approval. PASSED AND APPROVED this the day of , 1997. t 1 JACK MILLER, MAYOR { I~ All. lr~ i . i . ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: / I, f. ~ J k - r. E V CS,O~ ECONOMIC DEVELOMAENT `L 2 P'O_ . _.1. ` • \`lF'~.i TtF I f ~ t 1h,;,.~a~St tai • • CONSOLIDATION AMENDMENT OF STATE OF TEKAS § ECONOMIC DEVELOPMENT PROGRAM COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF DE'NTON AND THE DENTON CHAMBER OF COMMERCE This Consolidation Amendment Agreement to that certain Agreement, as amended, originally entered into on August 15, 1989, made between the City of Denton, Texas, a Texas municipal corporation ("City'), and the Denton Chamber of Conumrce ("Chamber"), for the purpose of providing for a program to promote economic development through the joint effort of the parties hereto, hereinafter referred to as the "Base Agreement." WHEREAS, on August 15, 1989, the City and the Chamber entered into an Agreement for an economic development program ("Base Agreement'); and WHEREAS, the Base Agreement has been amended three times, on August 2, 1994, August 15, 1995, and July 24, 1996 when the City, the Chamber, and the then Economic Development Corporation of Denton, Inc. ("EDC') entered into an agreement to have the EDC perform all the economic development functions assigned to the Chamber by the Base Agreement; and WHEREAS, upon the dissolution of the EDC, the City and the Chamber assumed all of the obligations of the July 26, 1996 amendment from the EDC; and WHEREAS, the City and the Chamber desire to combine and consolidate all of the conditions of the Base Agreement and the amendments into one integrated contract for economic development services; NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND CONDITIONS SET FORTH HEREIN: The Base Agreement, as amended, is hereby amended and consolidated to read as foIIows: 1. Office of Economic Development. During the term of this Agreement, the Chamber shall maintain an Office of Economic Development ("Office), which shall perform the economic development services, tasks, and functions set forth herein. A Vice President of Economic Development ("Vice President'), a full-time employee of the Chamber, shall be the primary person responsible for seeing that the Chamber's obligations set forth herein are performed in Accordance with this Agreement, including the performance of the Office, • 2. Economic Development Committer Created. In order to promote a program for • • economic development, the parties agree that an Economic Development Committee ("Conunittee) will be established. The members of the Committee, shall be made up of seven members to include the Mayor of the City of Denton, the City Manager, the Director of Utilities, one member of the City's Public Utility Board, the Chairman of the Chamber of Commerce Board of Directors, the President of the Clamber of Commerce, and one member representing the business community to be appointed by the Chamber Board of Directors. The Chamber President shall have the authority to hire anew or terminate the Vice President with the approval of the Committee. The Chamber President shall supervise the daily activities of the Vice President The Committee shall act in an advisory role to the Vice President 3. Duda of Office. The duties of the Chamber and the Office shall include the following: a) Preparation and implementation of a comprebe tsive Ecortom k Deve:op- ment Strategic Plan ("Plan') to be approved by the Committee, the Public Utilities Board, the Chamber's Board of Directors and the City Council. The Plan will focus on specific, measurable outcomes. b) Quarterly review and amendment, as necessary, in consultation with the Committee, of the Plan To become effective, any armndme►ts to the Plan shall be approrrd by the Committee, the Chamber's Board of Directors, and the City Cotmcil. C) Maintengm of a liaison with the Texas Economic Development Depart- meet and other public and private agencies and organisations that would promote the purpose of the Plan. d) Preparation and maintenance of a comprebensive fact book and other publications that would provide information to interested person as to the City's population, employment base, private and public institutions and facilities, and other significant characteristics and resources of the City. C) To initiate and maintain contact with, and make presentations to, desirable industrial prospects so as to promote their interest in locating within the area f) To advise the City of the progress of the Plan at such times as requested by the City. To this end, the Office will provide monthly program reports to the City that include the sources of expenditure of funds, major projects, ] number of industrial prospects who visited Denton and industries locating in Denton ` g) Success of the Chambers economic development efforts shall be measured by. ` • 1) Completion of activities outlined in the Plan; • • 2) Increase in the industrial and commercial property valuation in the City of Denton; 3) Increase in the City's Sales tax revenue due to location of mlional retail, call center operations, etc.; 4) Increase in the number of new and expanded industrial and } PAGE2 i; . • • E commercial businesses in Denton; and 5) Increase in the number of industrial, regional retail, and call center operation jobs provided. 4. Sup= Services and Funding. The Chamber shall provide the office space, equipment and support staff necessary to the operations of the Office. The Chamber shall solicit and contribute private sector funds in the amount of eighty-five thousand dollars ($85,000). The City shall provide funding in the amount of one hundred sixty-one thousand two hundred seventeen dollars ($161,217); eighty-five thousand dollars ($85,000) from the Utilities Fund and seventy-six thousand two hundred seventeen dollars ($76,217) from the General Fund. Thereafter, the City and Chamber shall renegotiate funding shares for subsequent years. City funding will be distributed on a quarterly basis; one-quarter to be paid on October 1, 1497, one-quarter to be paid on January 1, 1998, and one-quarter to be paid on April 1, 1998, and one-quarter to be paid on July 1, 1998. Any finds provided by the City pursuant to this Agreement shall be retained in an account separate and segregated from the C'hambees general operating fund and shall only be used for the purposes provided for in this Agreement. The Chamber and the Office shall keep current and accurate records of all funds received and expended, which shall be subject to inspection and audit by the City at all reasonable times. A monthly financial statement showing all current revenues, expenditures, and unexpended funds of the Office shall be provided to the City. All such financial records shall be subject to the Texas Public Information Act, TEX. GOVT CODE ch. 552. 5. Status of Office and Indernnity. The Chamber shall be considered an independent contractor not under the direct supervision and control of the City. The Office shall be under the direct supervision and control of the Chamber and all per%xml of the Office shall be considered employees or agents of the Chamber. The Chamber shall be responsible for the payment of all j benefits or liabilities of such employees or agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law, and the payment of worker's compensation premiums. The Chamber shall maintain policies of insurance in the minimum amounts required by law to protect against liability arising fibin the operation of any vehicles used by employees of the Office. The Chamber agrees to defend against, and indemnify and hold the City, its officers and employees, harmless from any claim, cause of action, lawsuit, or damages whatsoever, arising from any negligent act of the Chamber, its officers, or employees. • i The Chamber shall purchase a policy of genera] liability insurance with policy limits not less than 5500,000 annual aggregate, with an insurance carrier approved to do busi-toss in the State of Texas by the State Insurance Commission, which carver must be rated by Best Rated Carvers, with a ' rating of "A-" or higher. The policy shall contain a provision that requires both City and Chamber to be notified in waiting at least 30 days in advance of any cancellation or change in the policy. • 6. Term: Termination. This Agreement shall be effective for a term of one (1) year from the execution hereof, and shall h automatically renewable for successive period of one year • • J without the trecessity of any action on the part of the parties hereto, unkss during any successive term, the City shall, after 6-e initial funding provided for herein, fail to a ipropriate funding for any successive year, in wfiich case this Agreement shall terminate. In any case, however, either party may terminate this Agreement by giving written notice to the other thirty (30) days advance notice, in which case any unexpended fords provided by the City shall be returned to the City. PAGE 3 1 • 11 Rentace Prior Ay That this Agrcenxot shall superoede and MPIW the Bate Agreement and all prior amendments of the Base Agrw=t, and, as of the effective date of this Agreement, the Base Agreement and all prior amendments shall be null and void and of no further force and effect IN WITNESS HEREOF, the City has caused this Agreement to be executed by its duly r authorized Mayor and the Chamber has caused this Agreement to be executed by its duly authorized President as authorized by its Board of Directors on this day of 1997. { CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTES'T': JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROM, CITY ATTORNEY i BY 1 .Zr ' • CHAMBER OF COMMERCE BY: t L, PRESIDENT • • E:DpcsWC1DV.!" ECONOW DEVEI opkawt PAGE4 E~ ♦ 1 ' J V . r i a a , . r' 1 r 1. ' 4ff Y . 1 { • l . I Agenda No. Agenda item 1 tDate • CITY OF DENTON, TEXAS Rnarve Dgpetbmnt • 215 E. Jlklro WVV Denton, Tsxu 76201 rikpbom (9401319-8288 DFW Aloft 19721434.2529 FAX (940) 349- 7789 MEMORANDUM F TO: Honorable Mayor and Members of City Council' FROM: Jon Fortune, Director of Management and Budget DATE; September 26, 1997 SUBJECT: NOMINATION FOR THE BOARD OF DIRECTORS TO THE DENTON CENTRAL APPRAISAL DISTRICT i The Denton Central Appraisal District (DCAD) has notified the City that the term for members on the current DCAD Board of Directors expires December 31, 1997. Therefore, DCAD is seeking nominations from taxing jurisdictions in the district. The attached resolution is available for City Council to make a nomination(s) for members to the DCAD Board of Directors. Ontx nominations from all , taxing jurisdictions are received by DCAD, a ballot will be sett to the City for City Council to cast their formal vote to elect a member at the November 4 City Council meeting. One-thousand votes are required to elect a nominee to the DCAD Board of Directors, and a total of 5,000 votes are possible diroughoutthe district. Each taxing jurisdiction has a percetnage of votes based on their proportional share of the total levy in the district from the prior tax year. This year, the City has 218 votes to cast, Due to the fact that the City lacks the 1000 votes necessary to independently Bled a board member, the City has, in the past, coordinated its voting with the Denton Independent School District (DISD). This year DISD has 824 votes and has nominated Bill Giese. By cooperating, bah the , City and D1SD can cast the 1000 votes necessary to elect a local representative to the Board of Directors. I I hope this information is helpful. If you have any questions, pkaw let me know. Thank you. l JF/lLh 1 { Attachment uiair>! , L • L f 'Drdieaud to QWtry Surfer" , . "et" r 'J'I~r rt ~.r•.r_ ~i~J4 'tf ' - a ' `~'.l. ~ l•:~' , r -174 J1A'A LL"'.~Y,~Of'-.a'~p~l tr y t,;~ a}~, ,Tr, T w i-S' 'M J ~~f R~ IIyI ¢ql'• { . K r e _ .r.: .,e : e•n'..-...a:a--e..~-W s.....w...... w..aac: +.Y1dRtK'L 4Y'LxVJAyi1Y.1ZT RESOLUTION NO. A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. I WHEREAS, the term of office for the Board of Directors of the Denton Central Appraisal District will expire on December 31,1997; and WHEREAS, the City of Denton, Texas wishes to nominate member(s) to said Board; i NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas hereby nominates _ as member(s) to the Board of Directors of the Denton Central Appraisal District for a two year tern to commewe January 1, 1999. SECTION if. That this resolution shall become effective immediately uron its passage and approval. PASSED AND APPROVED this the _ day of .1997. JACK MILLER, MAYOR _ I ATTEST: JENNIFER WALTERS, CITY SECRETARY } • I I BY: i i f APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EOOCSMSWOMMTE CENr1tAL APPPAKAL DIST ; I i a _ f ApanQd tt~m , oau RESOLUTION NO. j A RESOLUTION AUTHORIZING THE CITY COUNCIL TO HOLD A JOINT MEE'T'ING WITH THE DENTON INDEPENDENT SCHOOL DISTRICT IN THE CENTRAL SERVICES t BUILDING OF THE DENTON INDEPENDENT SCHOOL DISTRICT, IN ACCORDANCE WITH ORDINANCE NO. 97-2M AND PROVIDING AN EFFECTIVE DATE- WHEREAS, in accordance with Section 2,05 of the City Charter and Section 4.1 of the City Council Rues of Procedure, the City Council passed Ordinance No. 97-220 on August 5, 1997 setting forth the procedure under which the City Council can hold meetings away from the Denton City Hall; and WHF,REAS, the City Council desires to hold a joint meeting with, the Denton Independ- ent School District away from City Hall to serve the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That the City Council joint meeting with the Denton Independent School District for October 15, 1997 beginning at 12:00 noon wW be held in the Central Services Building of the Denton Independent School District at 1307 North Locust, Denton, Texas. This matting will be held in accordance with TEX. GOV'T CODE ch. 551. SECTION II. TIM this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997. JACK MILLER, MAYOR ATTEST: E JENNIFER WALTERS, CITY SECRETARY i BY: A APPROVED AS TO LEGAL FORM: A HERBERT L. PROUTY, CITY ATTORNEY BY: c - - - - .'4'._ '`-1L "'~+a'^....F.~ Z aw~si': S • e~< < 1:,{ y .1~ L i , t-, 4..~1, yt • Agenda No. -O e Agenda Item Date i CITY OF DENTON, TEXAS Ear omk Development • 215 F. MC A! n.nro+r. T#ffL 1Qt - Takphon* 1940134"305 • FAX 19401349-7239 MEMORANDUM DATE: October 3, 1997 TO: Mayor and City Council Members FROM: Linda Ratliff, Director of Economic Development THROUGH: Ted Benavides, City Manager SUBJECT: Airport Advisory Board BACKGROUND: At the September 9, 1997 City Council meeting, Council discussed the make-up of the Airport Advisory Board. Board members have been appointed based on the membership criteria outlined in a 1969 resolution. This resolution provided that three members of the board could be residents of Denton County rather than residents of the City of Denton. Currently, one board member is not a resident of the City. Rick Woolfolk, Airport Advisory Board Chair, was present at the Council meeting and requested that Council consider allowing non-residents to continue to serve on the board. 'Ihe City Attorney advised us that a 19,93 ordinance, which calls for all board members to be residents of the City, had precedence over the 1969 resolution. Council then directed ! staff to return with an ordinance that would require all Airport Advisory Board members s to be City of Denton residents but which would allow the current non-resident board member to serve out his term. In addition, Council asked that the ordinance provide for a • number of non-resident, non-voting members on the board. i In the City Attorney's September 12, 1997 memo to City Council, he noted a restriction i on the 1969 resolution, which called for a pecuniary interest test for board membership. It was the Attorney's recommendation that since the board is an advisory board that this restriction be removed in the new ordinance. _ I t t 'Dedicated to Quarry Srrvicr' f ...._..-~_-f ' Y AIRPORT ADVISORY BOARD RECOMMENDATION: The Airport Advisory Board met on September 17, 1997, and discussed the membership criteria. The board voted unanimously that the following recommendation be submitted to City Council: 1. That the Council consider a nine member board to be made up as follows: • Seven City of Denton residents appointed by the City Council • One member nominated by the City of Lewisville and approved by the Denton City Council • One member nominated by the Denton County Commissioners and approved by City Council The board requests that all nine members have voting privileges. It was the consensus of the board that membership on the board without voting privileges would discourage participation. 2. To avoid conflict of interest, the board also requests those individuals who have Airport fixed base operator or commercial lease agreementswith the City of Denton not be allowed to serve on the Airport Advisory Board. SUMMARY: Staff submits the attached draft ordinance for your review. The ordinance reflects the Council's direction at the September 9'" meeting. It provides for a seven-member board (all of which are residents of the City of Denton) and three ex-officio members who may be non-residents of the City of Denton. The ordinance does not include a pecuniary interest test for board membership, thereby allowing any City of Denton resident to serve on the board. In addition to this ordinance, staff submits the Airport Advisory Baud's recommendation (outlined above) for your consideration. This matter will be placed on the October 7, 1997, agenda for discussion and City Council direction. if you have any questions, please feel free to call me. ti t'. 2 I'.Liy. y ~ 1i •i 5~' . ' i`r 4 ~ a Ft' y~Y ~jt'Y o- \?n S /r 1i.5 ♦'Yr~t f. • E , ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 87-112, ORDINANCE NO. 93-140, SECTION 3-2, AND SECTION 2-61 OF THE CODE OF ORDINANCES OF THE CITY OF DEN'TON CREATING AN AIRPORT ADVISORY BOARD, TO ALLOW AN AIRPORT ADVISORY BOARD MEMBER WHO RESIDES OUTSIDE THE CITY OF DENTON TO CONTINUE TO SERVE THROUGH HIS PRESENT TERM; ADDING THREE EX-OFFICIO, NON-VOTING MEMBERS TO THE BOARD; PRESCRIBING ADDITIONAL REQUIREMENTS; RATIFYING CERTAIN ACTIONS TAKEN; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Airport Advisory Board has been in existence for fifty years, and by resolution dated June 24, 1%9, the Board was to consist of seven members who shall be residents of Denton County, with four of those members required to be residents of the City of Denton and allowing three Board members to be appointed who reside outside the city; and WHEREAS, Ordinance No. 87.112, passed on June 16, 1987 attempted to adopt the residency requirements of the 1969 resolution, but inadvertently referred to a noatxistent resolution of June 16, 1987, and this was codified in Section 3-2 of the Code of Ordinances; and WHEREAS, subsequent to the passage of that resolution and ordinance, by Ordinance No. 93-140, passed on August 3, 1993, Section 2-61 of the Code of Ordinances was amended to require that each member of a board or commission, in addition to qualifirations prescribed by a federal or state law or ordinance, shall be a qualified voter of the City, but it failed to mention the exception to city residency requirements for Airport Advisory Board members; and WHEREAS, Ordinance No. 93-140 and Section 2.61 of the Code of Ordinances of the City of Denton are the more recent laws, and it is the desire of the City Council to require all seven members of the Airport Advisory Board, to reside within the City of Denton and to comply with the requirements of Section 2.61 of the Code of Ordinances; and I! WHEREAS, upon recommendation of the Airport Advisory Board, tht City Council deems it in the public interest to add three ex-officio, non-voting members to the Airport • Advisory Board who i.ne not required to be qualified voters of the City of Denton, but must reside in Denton County; and WHEREAS, currently, one member of the Airport Advisory Board, Jim Risser, resides outside the corporate limits of the City of Denton, and it is the desire of the City Council to retain Mr. Risser as a member of the Board; NOW, THEREFORE, o • • • THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: . ECT[ N . That Section 3.2 "Qualifications of Airport Advisory Board" of the Code of Ordinances is hereby amended to read as follows: i , 3 See. 3-2. Creation, Composition, and Qualifications of Airport Advisory Board. EL There is hereby created an Airport Advisory Board which shall consist of seven voting members who shall meet the qualifications and residency requirements as provided in Section 2-61 of the Code of Ordinances, and three ex-officio, non-voting members who shall not be required to be qualified voters of the City, but must reside in Denton County. b. All voting and non-voting members shall be appointed by the City Council for terms not to exceed two years, and continue in office until their successors are appointed. C. The &wd shall serve in an advisory capacity and shall advise the City Council on all matters concerning or pertaining to the Denton Municipal Airport, and shall submit a budget recommendation to the City Manager for the Airport for his consideration in preparing the total City budget. SECTION If. That notwithstanding the requirements of Section 2.61 "Requirements Generally" of the Code of Ordinances, that Jim Risser is hereby authorized to continue to serve out the remainder of his current terra as an Airport Advisory Board member, and his appointment and all of his prior actions, as well as the prior actions of the Airport Advisory Board with Mr. Risser serving on that Board, are hereby ratified and approved. At the end of Mr. Risser's term, all voting members of the Airport Advisory Board shall be, in accordance with Section 2-61 of the Code of Ordinances of the City of Denton, required to be qualified voters of the City. =gj W. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 87-112, Ordinance No. 93-140, and Chapters 2 and 3 of the Code of Ordina t , but all provisions of Ordinance No. 87-112, Ordinance No. 93-140, and Chapters 2 and 3 of the Code of Ordinances not herein amended shall remain in full fora and effect. SECTION IV. That this ordinance shall become effective imrrKdiately upon its passage and approval. PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR • L • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 4 ~~lrNVf 1 t • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY t BY: ` t k E: WOCyooWRK*T ADVI50RY BOARD - r. f f r ` r t . f i ' 5 ~~"f''s'-Z'+':__'~.~.~~_l_`'...y'.:'• StAyfkµ.~~r r r - , x Apcnda kn, I'~ 02 4 _ Apmda Item Date CITY OFDENRW TEXAS MNIOPALBUILD1NG DEMON, TEXAS 788f71 • TELEPHONE 817-566,M ofte of the C+y sse»tary MEMORANDUM DATE: October 2, 1997 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary E; SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies/nominations: Animal Shelter Advisory Board - Council Member Young has nominated Darlene Munger. Unfortunately, this vacant position requires an individual who works in the daily operation of an animal shelter. j Ms. Munger's application will remain on file for future I consideration. If you require any further information, please let me know. + Je er WfFters Ci Secre ary • ACCOOOF4 J 1 r' 1 • F 1 ` L _ INds m" i to Qwafur Scnks" k~r 1 'A r_- '♦j?}iii L~,~~al'F1 ~ 'rtly,f T 17 END OF ♦ FILE -1 4 • _ -.:~~ea._ ~ t•b. i. l`t..;r 4C :d ~ J'{t ~ } <~t~r}S~i4~ ? r °i >~t~CY ~ i ,r • ii _ • ~S;rRA c;'"~~'.~SS`,1 ~ t.+y..t. ~R ~R~ ~~~1'*~~~''~ .4 N7f~'