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HomeMy WebLinkAbout01-06-1998 6 I I i i I i t, City Council Agenda Packet January 6, 1998 f 32 . 1 0 N Agenda No.fl.~L AGENDA Agenda Item CITY OF DENTON CITY COUNCIL January 6, 1998 Date-.. L 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, January 6, 1998 at 5,45 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered; I. Closed Meeting; A. Deliberations concerning Real Property - Under TEX. GOV'T. CODE Sec. $51.072 1. Discuss the value and acquisition of various parcels of right-of-way located on Tributary 4 of Pecan Creek from Robertson to Ruddell Street. B. Conference with Employees-Under TEX, GOV' f, CODE Sec. 551.075. The Council may receive Information from employees or question employees during a staff conference or briefing, but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBLRATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES I;TLL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOVT. CODE CH. 551, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE SEC. 551,001, ET SEQ, (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO PWCONVENE IN A CONTINUATION OF IIIF CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 351,071-531.085 OF THE OPEN MEFTINGS ACT, i Regular Meeting of the City of Denton City Council on Tuesday, January 6, 1 VIS at 7:00 p.m. in the Council Chambers of City Ifall, 213 E. McKinney Street, Denton, 'texas at which the following items will be considered: f, ,t'' ' I. Pledge of Allegiance A. U S, Flag I3• Texas Flag s "I Ionor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. Consider approval of the minutes of November 4. November 11, November 18, December 2, and December 16,1997. CITIZEN REPORTS / 3. Receive a report from Ali Al-Khafaji regarding discrimination against Arabian- Americans in the City of Denton. r. _ 2S K, 10 32 X I O e 0 City of Denton City Council Agenda January 6, 1998 Page 2 4, Receive a report from Dessie Goodson regarding the meaning of contracts. 3. Receive a report from Joe Dodd regarding censorship. P R ES E NTAT1 ONSIA W A RDS 6. Yard of the Sfonth Awards 7, Texas Recycles Presentations CONSENT AGEND Each of these items is recommended by the `,taff 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 implem: nt 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 infoimation is attached to the ordinances (Agenda Items 8.14). 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 8.14 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "items for Individual Consideration." 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. 8. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or Improvements for construction of Danner, Uland Paving Improvements and Stroud-Pierce Paving to DBR Construction in the amount of S103,7400; providing for the expenditure of funds therefor; and providing for an effective date. (Bid 02133 - Banner, Uland, Stroud & Pierce Street Paving) 9. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for feed water heater tube replacement to Yuba Float Transfer Division in the amount of $58,945,00; providing for the expenditure of funds therefor; and providing for an clTectke date. (Did 02139 - Feed Water I Ieater Tube Replacement) i 10. Consider adoption of an ordinance providing for the expenditure of Nods for the purchase of Bioxide, a chemical for odor problems, which is a sole source item in 0 accordance with the provisions of state law exempting such purchases from requirements j' of competitive bids; and providing an effective date. (PO 082109 - U.S. Filter - Davis Process) / 11, Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a Triple Gang Flail Mower and 102 Horsepower Tractor combination - - - 0 32XIO 0 l City of Denton City Council Agenda January 6, 1998 1 Page 3 from Bane Machinery in the amount of $60,982.; providing for the expenditure of funds therefor; and providing for an effective date. (Bid #2141 - Tractor/Triple Gang Flail Mower) + 12. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of an agriculture tractor and Oexwing mower from 0 & 0 Tractor In the amount of $40,108.; providing for the expenditure of funds therefor; and providing for an effective date. (Bid #214) - Agricultural Tractor and Flexwinj dower) 13. Consider adoption of an ordinance of the city of Denton, fexm prohibiting parking on the south side of Last Sycamore Street between Exposition Street and Bradshaw Street; providing a savings clause; providing a severabiiity clause; pro~lding a penalty not to exceed two hundred dollars; and declaring an effective date. 14. Consider approval of a resolution adopting recommendations of the Dallas Regional Mobility Coalition Executive Committee (DRMC) Freeway Management Workgroup; requesting DRMC member agencies to establish freeway management and incident removal from major roadways as a priority; encouraging area/regional alliances to affect effective freeway management practices; expressing appreciation to members of the workgroup for continued efforts to Improve mobility; and providing an effective date. I PUBLIC HEARING 13. 1 told a public hearing and consider an ordinance to rezone approximately 0.80 acres from 1 the Two Family (2F) zoning district to the Commercial (C) zoning district. The site is located on the n4,rth side of Parkway between Carroll Boelevard and Bolivar street. (Z- 97-030) (The planning and zoning Commission recommends approval, 3•0.) ITEMS FOR INDIVIDUAL. CONSI ERATION 16. Consider approval of it resolution authorizing a Small Area Planning Program; authorizing a Small Area Planning Program for Fry Street and downtown areas; and providing for an effective date. gi 17. Receive a report, hold a discussion, and give staff direction regarding reinsbiting the Tax Abatement Policy. 18, Receive a report, hold a discussion, and give staff direction regarding establishing a reinvestment zone for W. abatement purposes. 19. Receive a report, hold a discussion, and give staff direction regarding a tax abatement agreement between the City of Denton and United Copper lndustdesrframmell Crow w+ Company. i 20. Consider nomtnations/appointments to City's Boards and Commissions. 21. Miscellaneous matters from the City Manager. 10 32XIO i . City of Denton City Council Agenda January 6, 1998 Page 4 22. New Business This Item provides a section for Council Members to suggest items for future agendas. • 23. Possible continuation of Closed Meeting under Sections 551.011-531,085 of the Texas Open Meetings Act. 24. Official Action on Closed Meeting items held under Section $51.071-551.083 of the Texa+ Open Meetings Act. I CERTIFICATE I certify that the above notice of meeting was posted an the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1998 at ~ lo'clock (a.m.) (P.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE GQ ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE IIEARINO IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCIIPDIILEU MEETINO. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES IOR THE DEAF (TDD) BY CALLING 1.800•RELAY•TX 50 THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. 1 r T 2fi k 10 32x1 :arrrw 0 , AOanda No CITY OF DENTON CITY COUNCIL MINUTES lt911da Itam November 4,1997 n111 - _ L Afler determining that a quorum was present and eonvesdng In an open meeting, the City Council convened in a Closed Meeting on Tuesday, November 4, 1997 at 5:45 p.m. In the City Council Work Session Room at City Hall, N PRESENT: Mayor Pro Tern Brock; Council Member Beasley, Kristoferson, and Young ABSENT: Mayor Miller; Council Member Cochran and Durrance 1. The Council considered the following In Closed Meeting: A. Consultation with Attorney -Under TEX. GOVT CODE See. SS 1.071 1. Discussed with City's attorneys and considered strategy In litigation styled Hansen Information Technologies, Inc, v, Aztecs Systems, Inc., et al., case number 4;97ev308 filed in the United States District Court, Eastem District of Texas, alleging copyright infringement, tortious Interference, and other intellectual property matter. B. Conference with Employees-Under TEX. GOVT. CODE See. SS1.075. The Council received h,formation from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, November 4, 1997 at 7:00 p.m. In the Council Chamber of City Hall. PRESENT: Mayor Pro Tem Brock; Council Member Beasley, Kristoferon, and Young. ABSENT: Mayor Miller; Council Member Cochran and Durrance ! 1, Pwge omlegiance Y } The Council and members of the audience ftx1tcd the Pledge of Allegiance to the U. S. and Texas Flags. 2. The Council considered approval of the minutes of July 22, July 29, July 30, August S, August 6, and August 8. Young motioned, Kristoferoon seconded to approve the minutes as presented. On roll vote, Beasley "aye", Krisloferson "aye", Young "aye", and Mayor Pro Tem Brock "aye", Motion carried unanimously. CITIZEN REPORTS 3. The Council received a citizen report Rom David Zoltrw tegarding "open government and the hometown }ooperdy game " i 25x 32X~~' 0 City of Denton City Council Minutes Nov ember 4, 1997 Page 2 Dr. 7oltner stated that he did not wish to speak at this meeting. ` 4. The Council received a citizen report from Dessie Goodson regarding the City of Denton. Ms. Goodson stated that sl a had seen many tricks in court to win a lawsuit, She did not agree with a memo that was presented lwo years after it had been sent out. She had not made a death threat against the Mayor. She did not want these kinds of tricks played on her. The truth would come out during her trial. She had not lied to the City and she did not want lies against her. She also had a problem with tree trimming done in her yard. She did not want the City coming out and trimming her trees unless they notified her in advance. Part of her plants were broken during the trimming of her trees. She wanted the truth told in federal court. P RES E N TATI ON S1A WARDS 5. November Yard of the Month Awards Mayor Pro Tern Brock presented the following awards: William and Patty Quinn Michael and Evelyn McMillen Kara Tanner-Holt and Wayne Holt Elsie Cole Apple Creek Apartments Hickory Street Office Building - Downtown Business Award Cecile Carson, Executive Director of Keep Denton Beautiful, presented the Clean Cities 2000 au and to the Council. PUBLIC HEARING 6. The Council held a public hearing and considered adoption of an ordinance affecting . participation of city employees in the Texas Municipal Retirement System granting the additional rights authorized by Section 834.202(g) of Title 8, Texas Government Code, as amended. Paulette (livens-Ilofines, Director of Human Resources, stated that a public hearing was required to meet the requirements of the Texas Municipal Retirement System in order for the City to adopt a provision allowing for retirement afler 20 years of service, Council Member Kristorerson asked if the amount that the City would have to pay each year • would be accruing and would this be a double fiscal impact Holmes indicated that it should not be escalating and should be the same each year. The Mayor Pro Tern opened the public hearing. 2 ti K 10 32x1[1 I 0 4 City of Denton City Council Minutes November 4,1997 Page 3 I ' No one spoke during the public hearing. Tire Mayor Pro Tem closed the public hearing. Council Members Cochran and Durrance arrived at the meeting, The following ordinance was considered: NO. 97-316 AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED; AND AUTHORIZING AN EFFECTIVE DATE, Young motioned, Beasley seconded to adopt the ordinance. I Council Member Beasley Indicated a concern that the city might lose good employees with this ordinance, Council Member Kristoferson asked if this pertained to part-time benefits. Holmes stated that currently there were no part-time employees affected but that in the future there could be part-time 20-year employees. Council Member Cochran expressed a concern about how other cities compared with this Issue, Holmes indicated that many other cities had already adopted this provision. 'r Council Member Cochran indicated that he had a problem with retirement at any age after 20 . years of employment. i Mayor Pro Tern Brock indicated that this might reduce expenses, as newer employees would be hired at a lower pay rate, 1 Holmes replied correct that there would be a balance, • : Council Member Young stated that many businesses had a 20-year retirement, as did most ` r y govcmmental agencies. If an Individual wanted to leave after 20 years he probably was not a good employee and need to go anyway. Thcre had been City employees who were fired with a number of years with the City and they were not able to draw benefits which was hard on those / employees. i 25 10 32X I[] , • I i City of Denton City Council Minutes November 4,1997 Page 4 i Mayor Pro Tern Brock observed that In recent months Denton had lost employees to nearby ` cities as they were able to get higher salaries. This was a benefit for people to stay and she felt Denton would not lose as many employees if they had a number of years here. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "aye", and Mayor Pro Tern Brock "aye". Motion carried with a S-1 vole, CONSENT AGENDA Council Member Young motioned to approve Consent Agenda Items V-19 and the accompanying ordinances. Council Member Cochran asked that Items #12 and #14 be pulled for separate consideration. Council Member Beasley asked that Item 015 be pulled for separate consideration. Council Member Durrance also asked that Item k12 be pulled for separate consideration. Council Member Cochran stated that the back-up information indicated that the modifications were a result of the construction of the Juvenile Detention Center. He asked about the cause of the problem and why this was being done Jill Jordan, Interim Director of Water/Wastewater, stated that the wastewater line serving that facility was a large line on a flat grade. Sewage In the line did not flow well which resulted in a maintenance problem, The CIP had funds dedicated to redo the line to make it smaller line with a grade. The County expansion was experiencing problems in the line with a maintenance problem. Council Member Cochran Indicated that Item k14, a leadership training program, was something he had not heard of to this point. i City Manager Benavides stated that this was a training program for effective interaction with . citizens, fellow employees, etc, This was a program on how to relate better with others, both at home and at work. Item #14 was the cost for the meterials for the training, All employees went through the program. Council Member Young indicated that citizens wanted employees to be well trained and this program did just that • Council Member Beasley stated that she took advantage of the program last year and felt it was • very beneficial for all employees and for Council. Doug Coggeshall stated that he had participated In the program. He suggested that Instead of spending all of the money that the amount be cut in half. The remaining funds could be given to the Fire Department for the specialized equipment it was raising money for. - - 2.5 32 X now o , w i City of Denton City Council Minutes November 4,1997 Page 5 Council Member Beasley stated that this was an ongoing program for a number of years. Mr. ' Coggeshall's suggestion was good but the City had already made a commitment for the program. Council Member Beasley asked how much it cost for library services for out-or-Denton patrons in regards to Item 415. Eva Poole, Director of Library Service, stated that historically the City had to subsidize those patrons as the County runding was not enough. Council Member Beasley seconded the motion io approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Kristoferson "eye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously. 7, NO. 97-317 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2106 - Weathering Steel Poles) 8. NO. 97-318 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR. CERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND . ROVIDING FOR AN EFFECTIVE DATE. (Bid #2112 - Replacement of 1SkV Breakers) 9, NO. 97-319 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR • SERVICES; PROVIDING IFOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2113 - Replacement of 69kV Breakers) 10. NO. 97-320 •J: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE • • AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2109 - U.S. 380 Utility Relocation) 25 x 32X~a O I . City of Denton City Council Minutes November 4,1997 Page 6 11. NO, 97-321 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND SCHRICKEL, ROLLINS AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. (RFSP 02077 - Upgrade Existing Parses Phase 11) 12. NO. 97-322 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (PC 080596 - Sabcr Development Corporation) 13. NO. 97-323 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 EXEMPTION! SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE, (PC 080809 - Hunt Technologies, Inc. [Automated Meter Reading System]) 14. NO. 97-324 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.. (PC 080W - Covey Leadership Center) 13. NO. 97-325 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN • INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY FOR LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE, 16. NO. R97-069 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED RETAINED EARNINGS OF THE ELECTRIC FUND WITH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. - 25 x ~!j 32 x • i i , i I i • o o City of Denton City Council Minutes November 4, 1997 1 Page 7 17. NO. R97-070 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR BUILDING RENOVATIONS WITH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. Is, NO, R97.071 A RESOLUTION CANCELING THE CITY COUNCIL MEETING OF DECEMBER 9, 1997; AND PROVIDING AN EFFECTIVE DATE. 19, N0.97.326 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF BERNSEN, IA TAIL & GOODSON, L.L.P.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. ITEMS FOR INDIVIDUAL CONSIDERATION 20• The Council considered adoption of an ordinance authorizing the City Manager to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for the preparation of an airport layout plan and design services to reconstruct a terminal apron at the Denton Municipal Alrport. Linda Ratlirf, Director for Economic Development, stated that this contract was with the Texas Department of Transportation for design senices for a terminal apron, These funds were Included in the budget. The I 011/o match for the city would be S10,0M. The following ordinance was considered; NO. 97-327 AN ORDINANCE OF THE CI1Y OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENfON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR THE PREPARATION OF AN AIRPORT LAYOUT PLAN AND DESION SERVICES TO RECONSTRUCT A TERMINAL APRON AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING • AN EFFECTIVE DATE. • A Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristofcrson "aye", Cochran "aye", Durrance "aye", Young "aye', and Mayor Pro Tent Brock "aye". Motion carried unanimously. } 25x I~ 32x O ! ,ate City of Penton City Council Minutes November 4, 1997 Page 8 21. The Council considered adoption of an ordinance accepting a tract of land in the William Lloyd Survey, as shown in the dedication instrument executed by Donnie Sparks for the Chester Elmer Sparks Estate, and Betty Clampitt for the Clampitt Family Trust, for street and utility purposes at Audra/Nottingham. Rick Svchla, Deputy City Manager, stated that this property was needed for the Audra/ Nottingham easement, There would be no cost to the City for the dedication. The following ordinance was considered: NO. 97-328 AN ORDINANCE ACCEPTING A TRACT OF LAND IN THE WILLIAM LLOYD SURVEY, AS SHOWN IN THE DEDICATION INSTRUMENT EXECUTED BY DONNIE SPARKS FOR THE CHESTER ELMER SPARKS ESTATE, AND BETTY CLAMPITT FOR THE CLAMPITT FAMILY TRUST, ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE, Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristofersou "aye", Cochran "aye", Durranee "aye", Young "aye", and Mayor Pro Tern Brock "aye". Motion carried unanimously. i 22. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and electric transmission providers in Texas for the purpose of conforming to the requirements of the Public Utility Regulatory At of 1995. Sharon Mays. Director of Electric Utilities, stated that this agreement would allow ERCOT to sign as a system user, The City had done a previous agreement with ERCOT m a system provider. Tha following resolution was considered: NO. R97.072 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ELECTRIC TRANSMISSION PROVIDERS IN TEXAS FOR THE PURPOSE OF CONFORMING TO THE REQUIREMENTS OF THE PUBLIC UTILITY REGULATORY ACT OF 1995; AND PROVIDING AN EFFECTIVE DA1 E. Kristofcrson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", ~1t► Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye', and Mayor Pro Tern Brock "aye". Motion carried unanimously, 23. The Council considered approval of & resolution casting votes for membership to the Boars of Directors of the Denton Central Appraisal District. '10 32,,N 01 VINNU 0 M City of Denton City Council Minutes November 4, 1997 Page 9 Jon Fortune, Director of Management and Budget, stated that the Council had nominated Bill Giese. As it required 1,000 votes for a successful appointment, the City would join with the DISD for voting on a candidate. The following resolution was considered: NO. R97-073 A P.ESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE, Cochran motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tom Brock "ayc". Motion carried unanimously, 24. The Council considered adoption of an ordinance hiring Peter Vogel of the law firm Gardere & Wynne to represent the City in litigation pending against the City styled Hansen Information Technologies, Inc. v. Aztoca S tams Inc, et al„ case number 4:97cv308 filed in the cl of Texas, alleging copyright infringement, tortious United States District Court, Eastern Dis T- L interference, and other Intelleclual property matters. City Attorney Prouty staled that this was a lawsuit dealing with computer systems as discussed in Executive Session. The following ordinance was considered; NO. 97-329 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF GARDERE & WYNNE TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY STYLED HANSEN INFORMATION TECHNOLOGIES INC, V, AZTECA SYSTEMS, INC., ET AL,, CASE NUMBER 0 4;97cv3n8 FILED IN TIE UNITED STATES DISTRICT COURT, PASTERN DISTRICT OF TEXAS, ALLEGING COPYRIGHT INFRINGEMENT, TORTIOUS INTERFERENCV, AND OTHER INTELLECTUAL PROPERTY MATTERS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, Beasley motioned, Young seconded to adopt the ordinance. On roll vote, B.-alley "aye", Kristofcrson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tom Brock "ayc", Motion carried unanimously, 25. The Council considered nom!nations/appointmcnts to City's Boards and Commissions. Council Member Young had previously nominated Joannie Housewright to the Animal Shelter AdvisoryBoard. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", i 'i3m 25 32 x~~ City of Denton City Council Minutes November 4,1997 Page 10 Young "aye", and Mayor Pro Tem Brock "eye". Motion carried unanimously. ' Council Member Cochran did not have a nomination to the Historic Landmark Commission at this meeting. 26. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 27. New Business The Council did not have any items of New Business for future agendas. 28. The Council did not meet in a continuation of Closed Meeting under Sections 551.071- 551.085 ofthe Texas Open Meetings Act. 29. There was no officlal action taken on Closed Meeting items held under Section 551.071- 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 8:30 p.m. EULINE BROCK MAYOR PRO TEM CITY OF DENTON, TEXAS ♦ )ENNIFER WALTERS CITY SECRETARY } CITY OF DENTON, TEXAS 25x10 32xIO • CITY OF DENTON CITY COUNCIL MINUTES November 11, 1997 After determining that a quorum was present mid convening in an open meeting, the City Council convened in a closed meeting on Tuesday, November It, 1997 at S; 15 p,m. in the Council Work Session Room of City Hall, R PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: None L Closed Meeting: A. Conference with Employees - Under TEX. GOV'T. CODE Sec. 551.075, The Council received Information from employees during a staff conference or briefing, but did not deliberate during the conference. Work Session of the City of Denton City Council on Tuesday, November 11, 1997 at 6:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Mcmbers Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: None ` 1. Presentation by Rick Chellman regarding local roadway systems. Dave Hill, Director of Planning and Development, stated that Mr. Chellman was working on new street guidelines. His presentation was one In a third of a series which the Council agreed to hold. Mr. Chcllman would present ideas on what was the current professional thought on transportation ' concepts and what othercittes wets doing. Mr. Chellman stated that there were it wide range of issues in the transportation field. He presented a slide presentation showing different types and features of roads for various means of transportation. He felt that conflicts should be resolveh in favor of non-vehicular users of the street when dealing with traffic congestion. • Council Member Cochran asked how to introduce new Ideas when there was a market which deemed a traditional style of development. What type of ordinance was needed. Chellman slated that a possibility was to adopt a separzle ordinance which would encouraged other types of development and would leave the existing types in place. Another way was to vary the 1 process. • • • Mayor Miller ask.d about attempting to change vehicular movement through the use of speed limits, Chellman state{ that if it street wcre created with the experience of a lower speed limit, drivers would use it in that fashion. He felt that neighborhood streets should be 20 miler per hour. Council Member Cochran asked if lane width was used as a technique for calming tr0c, _.10 32x10 M. a,. i 0 I i City of Denton City Council Minutes November 11, 1991 Page 2 Chellman replied correct that lane width could be one technique to calm traffic. Rudy Moreno, Planning and Development Commissioner, asked how such techniques would be marketed to the general public. Chellman stated that that was dependent on how much the community and citizens were involved. Such techniques were not for everyone everywhere but other options might be preferred by citizens. Hill asked how communities with narrow street widths dealt with access for emergency vehicles. Chellman stated that that was a design for a specit3c solution. Emergency vehicles could be provided for in a number of ways. Most of the time there was non-emergency conditions and such wide streets were not needed. A street could be designed which would reduce speeds. Speed humps or cushions were de0gns that drivers did not speed over. If a mixed use community were created, the reality at the beginning would be that people who lived there would not work there but over time that condition would change, 2. The Council received a report, held a discussion and gave staff direction on small area plans, Dave Hill, Director of Planning and Development, stated that the origin of this proposal dealt with a structured framework, This was an opportunity to recognize unique factors which might not be city-wide but rotative to a certain geographic area. Small area sections would look at unique factors in different areas. 14'hile small area planning was not ready to be used in the City, this plan would develop an idea of how it would be used for specific purposes in the City. Staff was recommending that no small area plans to Initiated that could be addressed by the upcoming Comprehensive Plan prowess. This would be a plan in place for future development. The small area plans would be adopted by resolution to that Council could maintain flexibility and the plans could be amended without a great deal or difficulty. A large part of the process was citizen participation. This presented an opportunity to work with individuals most affected by planning activities. This was a way of giving citizens a voice In the development of their neighborhood, Council Member Beasley felt that this whole idea was great She asked if In a hypothetical . situation when perhaps the School District wanted to build a school in a location which was not very good, would this type of planning help with infrastructure problems. Hill replied that this was not meant to force other entities to enter into this type of relationship. Council Mcmber Beasley staled that participation by citizens would be very goof throughout the , process. It would bring more people Into the system. , Council Member Cochran felt that this was a good idea, It would allow for diversity throughout the community with different solutions for different situations. He suggested Including mentioning 1 specific neighborhoods, Hill stated that it might be better to complete the Comprehensive Plan first and then work on specific neighborhoods. That would reduce the number of Issues which had to be addressed at the 32 X 0 ,..ra.. City of Denton City Council Minutes November 11, 1997 Page 3 small area plan consideration. Council Member Durrance stated that the process would be to develop the Comprehensive Plan and ` then work on small area planning, Hill stated that the Comprehensive Plan would identify small area candidates. Council Member Durrance agreed that citizens should be involved as much as possible. He asked if citizens could begin to contact the Planning Department to begin to target small planning etas. Hill replied yes that the process would start with a public review period about specific problems to address. The intent was to return to Council with a list of candidates for review, The process would start with the Comprehensive Plan and then incorporate small area planning. Council Member Durwee stated that each area of the City could have a set of concerns which would work well wit], small area planning. Council Member Kristoferson stated that the Denta area might be a perfect area to work on small area planning, Mayor Pro Tom Brock stated that small area plans would be a major part of solving the problem of having mixed use developments. Small area development was not as threatening to the residents. Hill stated that regulations need to be adopted for a specific area such as public Improvements. That needed to be stated in some type of ordinance. I Mayor Mil let asked if small area planning supercoded the zoning already In place. Hill stated that a small area plan might need to change an ordinance. An ordinance might be needed with performance standards to make sure certain development happened. Anytime a better indication was given to an investor of what was wanted in a community, there was it better assessment of risk he would have if he invested in the community, Consensus of the Council was to move ahead with small area planning after the completion of the Comprehensive Plan. 3. The Council received a report, held a discussion, and gave staff direction regarding thoroughfare corridors (overlay districts). Dave Hill, Director of Planning and Development, stated that this topic was one which was reserved for implementation as quickly as possible. The other topics included scenic corridors, mandatory park dedication, landscape ordinance amendments and overlay districts. There was no draft document at this point In time as this was a complicated issue and staff wanted instruction from Council before proceoding. This was a regulatory tool which could be used for a number of purposes. Denton already had some types of these districts such as the Oak-Hickory Historic (I District. There was a general feeling that the City's corridors might be cluttered with no plan on how the corridors should look to those passing through Denton. The outline included in the agenda 75 x 10 32x ❑ • Q City of Denton City Council Minutes November 11, 1997 Page 4 back-up materials showed kinds of considerations which were important. Mayor Pro Tent Brock asked if the visual quality assessment would deal with internal entranceways off major corridors or special entranceways to area of the City such as an entrance to UNT. Hill stated that a through inventory process would go through a normal classification system and include special areas for consideration. There might be some areas of importance in the community which were internal which needed to be identified from the beginning. Council Member Young asked if a task force needed to be formed for this type of issue. Hill stated that the preference would be to define a statement of intent. Council Member Young felt that this was such an important issue that a citizen task force was needed for input. It was important to find out what the citizens wanted and notjust the Council. Council Member Krisioferson stated that during the public input process there was a survey instrument to be used by those in attendance to provide input in these areas. Mayor Pro Tcm Brock stated that were many ways to hear about public Involvement but that the Council ultimately would have to make the decisions. A task force might not be the best method for this issue. Council Member Young stated that a task force would only make a recommendation to the Council, This was too big an issue for only the Council to decide as they would be telling individuals what they could and could not do with their property. Public input was needed on this issue, Council Member Durrance felt that there were several areas to look at but ultimately a plan had to be approved by Council. Council would be responsible for the ordinance passed. He suggested proceeding with the plan as proposed, Hill asked if Council wanted stafftobegin such research as needed for the Comprehensive Plan. Council Member Durrance suggested focusing on both at the same point in time as the comprehensive plan would overlap with the development plan. This would avoid duplication of effort and would provide for economy orwork, Mayor Pro Tern Brock stated that she would like to have a presentation on a variety of aesthetic regulations available in the mctroplex. That would give some usell,l ideas about how these ideas • worked and what were the results. 0 • Council Member Kristoferson stated that this was not only an aesthetic Issue but that it also ~ pertained to traffic scfcty and enhancing property values around that development, She would like to see some type of instrument from individuals incorporated in this to receive their preferences for Council consideration. ry In 32x10 0 City of Denton City Council Minutes November 11, 1997 Page S Council Member Young stated that an overlay district was perceived as anti-business like the impact fee and mane }ory park dedication. All of it drove up the cost which a developer had to pay for developing property. There was a need for citizen input on this issue through a citizen task force. Without it, Council would be telling individuals what they could and could n:)t do with their property. A task force with recommendations to Council would be better accepted In the community. This was anti-business and growth was already behind what it was lass year. Word was getting out that Denton was anti-business. The sales tax was also down due to Denton's anti- IIII business message. Mayor Miller stated that the sales tax was up In October, not down. Council was not talking about not being able to build a certain type of building, only discussing where those types of building could be placed. Council was discussing certain corridors along areas in the community. He supported the idea of overlay districts but it was a very complex Issue. lie would like to move j forward with the Comprehensive Plan but he not sure there was enough information about overlay districts to take it to the public at the same time with the Comprehensive Plan. He was concerned that if this were done at the same time, it would be too much for the community to digest and for Council to consider. Council Member Krislorerson stated that these should go out together in order to gather public + input at the same time. Once the building were built, they were there indefinitely, Current zoning could allow incompatible zoning next to these structures, Hill felt that specific projects might take attention away from the policies and felt that the policies should receive the most attention. Part of the plan could be streets or overlay districts, This could be a major clement in the Comprehensive Plan and the process could be started early next year. Council Member Durrance felt that it might be possible to get behind on this issue if it were not done In conjunction with the policies. The City would have to cooperate with the Stale if an overlay district were done on Stale highways. He asked how soon that would have to be in place. Rick Svchla, Deputy City Manager, stated that a proposed plan could always be presented to the State. It would depend on how much the City had to contribute to the participation cost. Anything ' over standard would have to be paid for by the City with upfront money. • Council Member Beasley felt that citizen participation was needed in the project. There was a need to go through the process similar to the comprehensive plan to make sure everyone had equal access to the process. She was also concerned about losing the window of opportunity of when these could take place. She was not sure on how to proceed except that she fell the Comprehensive Plan was one of the most important issues the Council was going to deal with In the next 10 years. • She suggested modifying the procedures of receiving information through the Comprehensive Plan to gel more citizen feedback. Modify the approach with the Comprehensive Plan process but not • • make overlay districts a separate ilem but have on priority list of the Comprehensive Plan. Hill stated that a suggested approach would be to not just do overlay districts but prioritize these 1 roads which needed more attention In the beginning. This could be done faster in the Comprehensive Plan. ah ~ 32>1, { • I © 1 i City of Denton City Council Minutes November 11, 1997 Page 6 r Mayor Pro Tern Brock suggested proceeding specifically looking at regulations in the metroplex ! and thinking in terms of looking at instruments for visual preference surveys. This could be done while maintaining the comprehensive planning process. Council Member Kristoferson stated that Denton was not leading the process but rather was behind in many issues. This would send the message that Denton was taking pride in the appearance of the community. Mayor Miller stated that there were time sensitive issues, issues which changed every day. The community was moving ahead every day. Development was coming and these issues needed to be resolved before development was in progress. Consensus of the Council was to proceed with the Comprehmisive Plan while at the same time pursuing overlay districts with presentations on issues and visual perception issues. 4. The Council received a report, held a discussion, said gave stalTdirection regarding private on-site sewage systems within the City of Denton. Howard Ma64 Assistant City Manager for Utilities, stated that trends were developing In this area which needed to be considered by the Council. These private on-site sewage systems were commonly known as septic tanks or septic systems. There were concerns and problems with this type of development which dealt with developments not having access to City facilities. The trend was that approved subdivisions outside the City s service system would develop on private systems. This presented concerns about the impact on water quality and public health, Two types of on-site sewage facilities were the conventional treatment systems which dealt with a drainfleld, gravetess pipe. Surface irrigation systems used aerated treatment of the wastewater followed by chlorine disinfection of the treated water. After disinfection, the treated water was sprayed onto the surface of the ground. When this water was sprayed from sprinkler heads, and if there was sufficient wind, there was a very high likelihood that an aerosol spray would be created. If the disinfection system was not property maintained, there was a great potential for aerosol contamination, In high-density neighborhoods, surfam Irrigation systems had the potential to create serious health problems. Concerns about aerobic treatment systems with surface Irrigation included design, lot size, property line set backs, sprinkler heads, chlorination system, system maintenance, aerosols, and public health. The proposal was to only use this systmm on one and a half acre lots and not any smaller, This type of system also had a potential impact on the Environmental Services Division with manpower, tracking and data collection, laboratory testing, fnspecalom, monitoring, enforcement, and citizen complaints. Recommendations for on-site sewage facility development were listed in the position paper included in the agenda back-up materials. Council Member Cochran asked how many systems currently existed in the City limits. 40- Martin stated that there were approximately 10 inside the city limits. There had been an Increase in the number of systems and all were aerobic with irrigation systems. Council Member Beasley asked i f the City had to allow this type of system. - ;am 2 h k 10 32x10 . Q ^CA01fV~t City of Nnton City Council Minutes November 11, 1997 Page 7 Martin replied that it was an acceptable system for on-site disposal and that there would be much opposition to not allowing this type of system. City Attorney Prouty stated that it would be hard to stop allowing this type of system due to regulations. Council Member Beasley asked if the City could force the homeowner to sign a release of harm by the City if a system were not maintained, City Attorney Prouty stated that it would be possible to put in regulations or have the irrigated water meet certain standards. City Manager Benavides stated that it might become another code enforcement issue and that some citizens would not be responsible in maintaining the system. Council Member Kristofcrson stated that in 15.20 years this could possibly create another Infrll problem when these systems failed. She would encourage development to hook onto the City's system in the beginning. If the Council proceeded with the recommendations from the Public Utilities Board, it might impact on development not yet started. Martin stated that economics dictated what was more economical to a subdivision which might be several miles from the City's system, City Atlomey Prouty stated that problems started when the City required connecting to its system without impact fees. The City could not impose a charge to extend off-site lines and the City would have to pay for all or most of those off-site extensions. That would be a tremendous financial impact on either the developer or property owner to pay. Martin stated that these were systems located only inside the City limits, This was taking the TNRCC regulations and making them more stringent. The County had control over systems outside the city limits In the BTJ. Council Member Kristoferson asked if the City proceeded with this proposal could it require . already approved developments to meet requirements. City Attorney Prouty staled that there were Issues with respect to a concem on these systems for maintenance and could probably enact strict regulations for control. It would be more difficult to prohibit these systems altogether than to place strict reg 4ations on the systems. Marlin stated that the City could Implement these changes but probably could not change lot sizes in already approved developments. The development could be made to adhere to the regulations, • The intent would not to be to install irrigation systems on already platted lots but to increase the requirements for future lots. Ile Itfayor Miller asked if the restrictions would be phased In. Martin stated that the system design, testing and monitoring could be put Into place immediately, 2 ~i f~ 32 X • City of Denton City Council Minutes November 11, 1997 Page g City Attorney Prouty stated that it would be possible to regulate to take away all or most of the danger of the system. Council Member Cochran stated that he would like to see the differences between the County's regulations and the proposed city regulations. Consensus of the Council was to receive a recommendation from the Public Utilities Board as quickly as possible for Council consideration. 5. The Council received a report, held a discussion, and gave staff direction regarding free citizen disposal at the solid waste landfill Howard Martin, Assistant City Manager for Utilities, stated that this had been a request of Council Staff was suggesting a free disposal period over a week instead of only one day to avoid overloading the capacity of the landfill white ensuring safe, efficient service, It was also suggested to postpone such a period until the new site was in operation so that them would be no additional volumes over what was normal, A limit would beset for 5-10 cubic yards for disposal and no tires without a charge. Also no household hazardous wastes would be accepted and all loads would have to be tarped as was now required, Council Member Cochran stated that this had been his suggestion and he agreed with all of the staffs suggestions. He felt this whole idea was to help someone clean up his yard. He suggested coordinating the event with something Keep Denton Beautiful was doing, After Council discussion, the consensus was to refer this proposal to the Keep Denton beautiful Board for recommendations on how to coordinate it with one of their events and then to hold this event once to see if it was financially reasonable. With no further business, the meeting was adjourned at 10,17 p.m. -44 I• . JACK MILLER, MAYOR 1 CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 25x10 32X o CITY OF DENTON CITY COUNCIL MINUTES November 18, 1997 T'he Council participated in a dedication and presentation of Captain Bob's Fire Safely Trailer on Tuesday, November 18. 1997 &15:00 p.m. at Central Fire Station, 217 W, McKinney. r After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, November 18, 1997 at 5:45 p.m. in the City Council Work Session Room at City Hill. PRESENT: Mayor Miller, Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Conference with Employees-Under TEX. GOVT. CODE Sec. $51.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference The Council convened into a Regular Meeting on Tuesday, November 18, 1997 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayo: Viller; :,layor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: None 1. The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes or August 11, August 19, and August 26, 1997. Beasley motioned, Brock seconded to approve the minutes as presented. On roll vote, Beasley r "aye', Kristoferson "aye", Cochran "aye', Durrance "aye", Young "aye", Brock "aye', and Mayor . Miller "aye". Motion carried unanimously. AWA RDSIPRESENTATIONS 3. Proclamation _ Dentort Family Week Mayor Miller presented a proclamation for D,roton Family Week. CITIZENS REPORTS y 4, The Council received a citizen report from David Zoltra regarding "open government Lrd the weekly jeopardy game." x 10 32X10 1 , 1 Q City of Denton City Council Minutes November 18, 1997 Page 2 Dr. Zoltner stated that at a recent meeting he attended regarding the Open MectinglOpen Records Act, the most Important topic was the use of the Open Records Act. The Council briefings were discussing topics that -,sere not allowed. He felt that the brieRngs were the City's version of the "home jeopardy game'. The questions asked at the Briefings were really expressions of the Council's beliefs, There was a need for an occasional briefing but not week after week. It appeared that it was really a secrecy technique. He stated that if a briefing was an agenda item discussed during a meeting, it must be posted. This was not a trivial matter and needed to be addressed, The issue dealt with what the city should do and what it should not do. What the city should include and not exclude from public information. S. The Council received a citizen report front Dessie Goodson regarding deception within the City of Denton. Ms. Goodson stated that she had met with the Attorney's Office regarding a pre-conference meeting. Her stipulation did not agree with any stipulations that the City had sent her regarding her cases. Another decd-tion was a memo from Jerry E. Drake. The SPAN vehicles indicated that they Acre owned and operated by the City of Denton She asked where the benches and shelters were that the Federal government supplied money, The City had the money for the shelters and benches and they should be put into place. The City had not been back to take care of her tree as promised, The street by her home and the drainage in the area had not been fixed I as previously promised. She wanted her tree fixed, her drainage fixed and her street fixed, She also wanted her sidewalk fixed. PLBLIC HEARING 6. The C'uuncil held a public hearing and considered adoption of an ordinance providing for approval of a detailed plan for a 5.491 acre tract located on the south side of Interstate 35 East, north of the lown of Corinth City Limits, providing for a penalty In the maximum amount of $2,000 for violations thcrcor, and providing for an effective data (L-97.019) (The Planning and Zoning Commission recommended approval, 6. 1.) Dave Hill, Director for Planning and Aning, stated that the property was located on the south side of 1.35 at the Corinth City limits. The action requested was the approval of a detailed plan for { property located in PD-12. Iheie was an already approved concept plan that allowed for • commercial uses, Staff analysis looked at consistency of the detailed plan with the 1988 Denton Development Plan, Intensity area calculations indicated that with development of the property the area would be 135% allocated, The concept plan uses approved for PD-12 were approved with the property in a moderate intensity area. Major entranceway policies were In effect with this property, Requirements for developments in entranceways were to encourage and promote good urban design 1 to enhance the aesthetic quality and visual amenities along entranceways, An analysis of the proposal Indicated that the landscape requirements were satisfied through the provided landscape ji plan which indicated that 17 of the 135 costing trees and the planting of 25 new live oak trees would be consistent with the policy of the Denton Development Plan. This property was part ore larger planned development. In 196910 acres of PD-12 were annexed and zoned agricultural. In 1972 the annexation took place of 13S acres and changed the agricultural coning to PD42 for townhomes, multifamily and commercial uses. In 1986 another ordinance was approved that amended the allowed uses rot commercial properly located in the existing PD and allowed for all 110 32X 0 City of Denton City Council Minutes November 18,1997 Page 3 commercial uses on 43.4 acres. Some of the more objectionable uses for commercial uses were eliminated. Two landscaped conditions were imposed on the property. T he first was that 5% of the total lot area would be maintained as landscaped open space. The second was that every effort would be made to protect the tree masses shown on the concept plan. The Planning and Zoning Commission recommended approval with an added condition that 10 additional trees be planted with a minimum 4" caliper. One property within 200 feet was notified of the proposal and no responses were received, if approved at this meeting, the proposal would go through the Development Review Committee for plat approval and the Planning and Zoning Commission for zoning approval, The applica tt had a tree inventory conducted on the property and found that 135 trees ranging in size from 6 inches to 24 inches existed. The applicant proposed preserving 17 of those trees and removing 118. A difficulty sited by the applicant in saving trees was the grading necessary on the site. These trees were fragile to work around and were difficult to transplant, The Planning and Zoning Commission indicated that they could support the removal of the trees but wanted an additional 10 trees planted. An additional area of discussion was drainage. This site drained towards the northwest. There was a letter in the engineering files that the adjacent property owner agreed to allow the drainage from this site to flow Into his drainage area. The last item for discussion was that lighting at the rear of the property would be directed away from the residential lots. There were no other conditions associated with the lighting of the area. Council Member Cochran asked about the amount of drop in elevation on the property from the highest to the lowest point Hill stated that there was a 26-foot drop from southeast to northwest. Council Member Cochran axked if the Development Plan had language addressing the upsetting of the topography of the land, [till stated that there was erosion In the area and that made the requirement dealing with grading of the land, There had been no specific discussions on that. Council Member Beasley expressed concern about the amount of paving and amount of drainage. She asked If the detailed plan would have to be done first before knowing if there was a drainage j~ problem. ` Hill staled that there would bean informed contract between the parties. if there were s property owner with a drainage basin that could handle the flow that the property owner accepled and If an adverse problem occurred, it would be a matter between two private parties. Council Member Beasley asked about possible problems further down the drainage system, • lfill stated that If the adjacent property owner accepted the additional runoff, the problem would be ♦ • with the properly owner who accepted the runoff end who would have to deal with that problem, ` The Mayor opened the pul'ic hearing. / tl Jetty Roberts stated that he was a civil engineer representing the applicant, Ile felt the key question was if they met the provisions of the PD requirements In trying to uve as many trees as possible, - 25 n 10 32XIO • 0 City of Denton City Council Minutes November 18, 1997 Page 4 There was 26 feet of fall from the southeast comer to the northwest comer of the property. That would require cutting the southeast comer of the property and filling in the northwest comer of the property. He felt the tree count was not correct. Their count differed as they counted multiple trunks as a single tree. With their count, 42 trees would be saved out of 133 trees on site. A protected tree was one which was 10" in diameter and larger. Of the 135 trees, 24 were smaller than 10" and were not protected. The distance from the building envelope was approximately 130 feet and could not be closer which meant that the building could not be moved to an area with fewer trees. He did not see any reasonable way to preserve the trees and develop the property for their use or for any commercial development. Council Member Cochran asked about efforts to mitigate the runoffto capture the drainage. Roberts stated that the drainage ran southeast to northwest. At the northwest comer of the adjacent property was an existing pond. That pond was damned by a structure that served as a device to assist with the runoff. Council Member Beasley asked about the lighting of the property at night Roberts stated that the developer agreed to direct the lighting away from the existing homes. Also he had agreed to try and locate the building floor as low as possible so that the building would not ` be looking down in the adjacent lots. note would be a six-foot masonry or concrete fence constructed the length of the property. Council Member Beasley asked about the type of building proposed for the property. Dominic 5ebastiani stated that the building was designed specifically for that site Council Member Cochran asked about the number of light fixtures proposed for the property. Sebastian) stairi that there would be special fixtures to shield the lights from the neighboring homes, He estimated that there would be approximately 15.20 light poles. ri Council Member Cochran asked about the nighttime lighting. 5ebastiani stated that there would be security lights on but not all of the lights. William Wilkerson stated that the trees on the property would not live with the grading of the land. Post oak trees were antisocial and would not continue to live with the construction work In the area. Trees could grow rapidly if taken care of properly. It would be a mistake to try and save a tree that 4 , could not be saved, ~ ` • y_ Mayor Miller asked about Witkcrson's experience with trees, !f Wilkerson stated that he had two tree farms in southem Denton County, Ile also had an 8-acre tract r on which he planted many trees that were very large now. • 0 City of Denton City Council Minutes November 18, 1997 Page S Martin Davis submitted a speaker card that indicated that he supported the proposal with conditions. Any natural buffer between the proposal and the existing homes should be retained. If none existed, a buffer of trees or a wall should be constructed to preserve the visual attractiveness of the residential neighborhood. The buffer should be done in cooperation with the residential developer to maintain property values. Alan Hollomon stated that he was a consultant and had worked with people in the car business. He had worked -AM individuals from the beginning of a project through the Inieriodexterior of the project. A citizen had asked him to present a project he had done In San Antonio, That site had many large trees on it. He did a survey of that property and had saved many of the trees. In his opinion, a dealcrshlp needed the whole site to be as attractive as possible. Some of those trees would be assets to the project. He felt that there might be a chance to save more of the larger trees on the site. Many of the trees were sick and damaged. There were a few trees that were great and really needed to be saved. Council Member Young asked if Hollomon know the number of trees that were bad. Hollomon stated that he did not have a number but several were misshapen or with disease, The trees that ,vere worth saving were small trees and near the power lines. Doug Ebersole stated that he appreciated the fact that there would be no outdoor public address system. Ile had a question of lighting and how that would affect the lighting of the neighborhood and the night sky, Another problem he expressed was about the lighting being directed towards the highway. He felt that would be a hazard and unsightly as it would shine towards the cars on the 1 highway. Roberts Indicated that the lighting would not shine towards the highway, it would shine towards the cars. Council Member Young asked if the developer woutd have a specialist to Install the new trees. Roberts stated that they had a landscape afchitect to put in the landscaping. . Council Member Young asked about the kinds of trees, the sire and care of those trees. Brian Bristoo stated that the trees would be a species of oak trees. The 4" caliper trees would be maintained according to landscape standards. Success of tree planting had to do with materials, , where the trees were planiod, the soli type and how well they wvre watered and maintalmod. Council Member Beasley asked if Briscoe had been to the site arxd looked at the trees. Bristoe replied that he had not been to the site but had been given plans of the site, Council Member Beasley asked if it were not bolter to look at the actual trees to determine which ones to save. { »x ~ 32XIO 0 r City of Denton City Council Minutes November 18, 1997 Page b Bristoe stated that he had worked with the engineers regarding the nature of development on the site with the grades and had an understanding of the limitations of tree preservation on the site. Council Member Cochran asked again if Bristoe had visited the site. Bristoe replied no but that that was done on many jobs. Council Member Cochran asked if the documents Ustoe worked from could distinguish the misshapen tree from the perfect tree. Bristoe replied that he worked from drawings noting the location of trees. The surveying department went out Into the field. When request. d he had gone into a field and determined the type and size of trees and had also been asked, in some cases, to note the condition of trees. Council Member Cochran asked about the types of trees being suggr9ted to replace the ones destroyed, I Bristoe stated that there would be no post oaks as they were not as available as other tyres of oaks. i Council Member Cochran asked If there had been a consideration for faster growing trees Bristoe stated that when faster growing trees were considered, there was a raced to look out for the public interest and consider the strength of the tree. Most fast growing trees ha,l softwood that was not good with a liability issue on a car lot, There was a possibility when pres.rving trees the drip line of the trees would be disturbed which could weaken the integrity of the tree and the structure of I the tree In his opinion a large ground space needed to be provided under the trees which would cause minimal damage to the trees. Doug Coggeshall stated that everyone wanted clean water and trees. The Planning and Zoning Commission had approved the development of the property. He suggested Council refer the proposal back to the Pl=ing and Zoning Commission for reconsideration. He felt keeping the trees were Important but it was also important to generate lax dollars for the City. He suggested a .b joint plan for sound abatement on the property. Kris Westerson staled that she was not against the proposal but was for responsible environmental building, Dcnion was a tree city and trees provided erosion control, provided an altractive place to shop, provided a sound and lighting barrier, and added value to a property. She asked that the developer be an Innovator and think out of the box. This might not be the site for such is development. Peter liulstrwd stated that an article in the Denton Record-Chronicle commented on another car i f dealership that had just razed the area of trees. He was concerned about the lack of trees that would be in the area. He did not feel every effort had been made to maintain the tree mass. The developer's landscape artist not been to the site and probably an arborist was need on the site. There was an opportunity to maximize the trees for the beauty of the site rather than just build a parking lot. The drip line of o tree was defined by the type ortree plus site of the tree, 2 • 32X EM, , s 0 t i City of Denton City Council Minutes November 18, 1997 Page 7 1 Molly Hyde slated that the City's Vision brochure talked about the future of Denton. The saving of 17 of over 135 trees was not the best that could be done, She felt the developer would not propose abetter plan unless forced to do so. She asked Council lobe proactive for a better Denton. Betty Brown stated that the developer and the residents needed to work together for the benefit of all. She was not opposed to development but if the building were customized to the properly, she questioned why the developer was not able to better answer questions. Norma Barker commended the Council for the tree ordinance Charles Fletcher did not wish to address Council but submitted a speaker card that indicated that he opposed the Indiscriminate cutting of trees on this properly. Nancy Ustick stated that she was one of the many concerned citizens regarding this proposal. She felt that the dealership could be the model business needed in Denton County. A designer might be able to work around the trees In the area. She felt there were ways to avoid damaging the trees during construction and that some redesigning of the layout of the property could be done to save more of the trees. Vicki McCombs stated that she would like to speak to the issue of lighting. The City of Denton did ` not have a lighting ordinance and she felt that there was a critical need for one. There were several areas that should be protected from overlighting. She was interested In protecting the night skies and felt that that should be considered in Denton. She felt that the developer might be using more Illumination than what was actually needed. She asked for an ordinance dealing with lighting standards, Duncan "leathers stated that he would be speaking on the lighting issue of the proposed development. lit suggested the following be used in the development fully cutoff luminaries for no light projected in the horizontal direction or above, no more than 300 lux illuminance at ground level during business hours, approximately 5 lux illuminance at ground level afler business hours and low pressure sodium vapor lighting for a0er•hours security lighting. r~ < Doug Barber asked the council if they thought they could make a difference. if so, they needed to vole against this proposal. The Council needed to vote the will of the people. He was not against • progress or development but not at any cost, He asked the Council to protect the elrnd of trees in the area, Cutting down 135 trees and planting 10 did not equal out. It was not neckisarily required to replant the trees in this area but they could be planted in parks and other areas, 11e felt 300 trees should be planted for the 135 taken down. Teresa Passons stated that Shady Shores was trying to save trees in their area. She did not ever r think that the trees In the area would be cut down until the Bill Utter dealership clear cut the area for Its new dealership. She asked the Council to not approve the proposal, as loo many trees would be lost. Mayor Miller Indicated that the following individuals presented speaker cards in opposition to the proposal but who did not wish to speak: G 10 32XIO W s 0 City of Denton City Council Minutes November 18, 1997 Page 8 Suzanne Fritts Charles Hawkins Linda Hawkins Kathy llelm Vicki Carusi John H"fner Susan Torrie Bill Adams Bill Krueger Tod Brown Margaret Preston The petitioner was allowed a five minute rebuttal. Roberts Indicated that the San Antonio site which was being compared to this site was not the same type of property. That site was flat with live oaks on it which were more resistant to construction and a different type of soil, The Denton site had been zoned commercial for over ten years and was on an interstate hlghway. This was commercial properly that was highly visible, The saving of these trees was a matter of a "gray" area. There was also the matter that the planned development ordinance had a building envelope, which had to be followed, That was In the same area as the tree masses and also had to deal with the flood plain. Sebastiani stated that the envelope where the building could be erected was where the trees were the heaviest. There was a need for parking spaces and to conduct business. He was not In the business of destruction as he was spending hundreds of dollars a year for preservation, i The Mayor closed the public hearing, Mayor Pro Tern Brock stated that when thinking about the development of 1-33 In conjunction with car dealerships, people needed to think about Highway 183 In Irving as an example of what not to do. If done carefully, this would be an appropriate use, Denton had it large historic last stand of native oaks and consideration of these native oaks was needed. Her home had many large trees around it and was an example of how to build around the trees, With the constraints of the site, there might have too much for the site. She felt that customers were attracted to an attractive location. The following ordinance was considered: NO.•• AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR A iA91 ACRE TRACT LOCATED ON THE SOUTH SIDE OF INTERSTATE 33 EAST, NORTH OF THE TOWN OF CORINTH CITY LIMITS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000 FOR VIOLATIONS THEREOF; AND PROVIDINO FOR AN EFFECTIVE DATE. _ 1 VAN" 0 City of Denton City Council Minutes November 18, 1997 Page 9 Kristoferson motioned, Cochran seconded to postpone the Issue and to refer it to the planning staff to work on the Issues and return when they were mutually resolved, She felt that the drip lines or the trees and the trees themselves could be studied more closely. She was concerned about the largest trees that would not be saved and felt that there must be some way to save some of the larger trees. The lighting issue should also be written into the ordinance. Council Member Cochran stated that this properly was commerc ial property and that the property was not inappropriate for a car dealership. The property was not zoned straight commercial but rather planned development. He was not convinced that every reasonable effort had been made to protect the trees. There had been much discussion about creating P. vision for Denton and one point In that vision was entranceways which were important to the beautification or the City. The developer had been challenged by some of the citizens to be an innovator. There were some problems with this site and those problems were causing the secondary effect of losing trees. Other issues such as lighting and sound were also important. His decision for postponement was to riot stop the development but rather to work out a solution for everyone, Council Member Young stated that he would be voting against the motion. A new business wanted to come to Denton to an area zoned commercial for ten years. He did not agree to send the proposal back to the Planting and Zoning Commission that bad already agreed to the proposal. The proposal met the development plan and even the tree ordinance. The developer was going to plant other trees, put up a fence and he felt that they had already gone out of their way to meet the city's requirements. This sent a bad message that the city was anti-business. The proposal met every criteria required, The developer wanted to landscape the area and make it look better. Tho trees did not pay taxes. There was a nerd to be fair to the citizens and to the business community. This was not fair to the business community. The city did not want more business In Denton, 'this proposal would upgrade the area. Council Member Beasley stated that there were specific items to address, She was not against business and great businesses were coming to Denton. The landscape plan for the proposal was done by someone who had never been to the site. She suggested specifically having landscape people go to the site to see if there was a way to save more of the trees and specifically the older trees. She suggested terracing the properly to save some of the trees, She also wanted to see what A would be done with the lighting fixtures and was pleased that no outdoor public address system would be used. She hoped there could be some kind of creative way to make an innovative business in Denton. She f:►t more Investigation needed to be done in ways to save more of the trees. This was an appropriate use of the property but there needed to more investlgation Into saving more orthc trees, Mayor Pro Tem Brock stated that another aspect of the proposal was Cie upgrading of an entrance to the city which was a major part or the vision project. 8cottonde development consultants • suggested that the city create quality entranceways, The Council was working towards a better • • community with tree preservation, billboard bans, eta She wanted to work with new businessee on the interstate to create a complimentary business which would coordinate with the vision. Council Member Durrance stated that this proposal showed it sense of urgency with the project under way such as the overlay districts and scenic corridow. The city needed to be fair to business and to do so there was a need to be fair with these areas. He would be voting for the postponement. i 0 I City of Denton City Council Minutes November 18, 1997 Page 10 He felt that a cooperative efT'ort between the city and the petitioner was needed and to use specific ideas and requests to develop a cooperative effort with the proposal. Mayor Miller staled that the motion was for postponement in order to try and find ways to save as many trees as possible, to specifically define the lighting, and to not use an outdoor public address system. He was concerned about the underlying ordinance in the planned development. Staff had done what it could in terms of the underlying ordinance. Nothing was indicated In the staff assessment about the lighting or tho PA system. Then were two ainditions pertaining to the landscaping ordinance in place for the planned development. One was that every effort be made to protect the tree masses. He felt not every effort was made to save the trees. He wggested a brief period of tlme to work on that good faith effort. Council Member Durrance called the question, On roll vote, Beasley "aye", Kristofemn "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye", Motion carried with a 6.1 vote. CONSENT AGENDA Council Member Young asked that Items N7, i18, and #10 be pulled for separate consideration. t Council Member Young staled that Zimmerer Kubota and Equipment was not the low bidder for item #10. Tom Shaw, Purchasing Agent, stated that In the evaluation of the bids, the lower price failed to meet the horsepower as requested. The low bid engine was a smaller engine that would result In a significant loss ofpower. That bid failed to meet the specifications. , On Item #7 Council Member Young asked why Village Ford received the bid for the police cars and not the local bidder, Bill Utter Ford. lie slated that it bothered him not to use a local dealer. Mayor Miller stated that this was a legal issue with restrictions on the bidding process from the State. • Mike Huck, Assistant City Attorney, statod that the Attorney General had looked at the issue several times to allow local bidders some preference. When everyone met specifications, the city 1 hod to go with the low bid. The statute was a State statute and had criminal penalties associated with it If not followed. Council Member Young asked for an explanation of Item #8. Shaw replied that the low bid meeting specifications was being awarded for each vehicle. There • were thirteen types of vehicles being awarded with eleven different bidden being awarded the bids. Council Member Young stated that dealerships in the City were not being awarded the bid and he did not like that. 1 + 25 10 32 X I O loom" c City of Denton City Council Minutes November 18, 1997 Page 11 Beasley motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Kristorerson "aye", Cochran "aye", Durrance "ay'e', Young "nays', Brock "aye", and Mayor Miller "aye". Motion carried with a 6.1 vote. " 7. N0.97.330 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2114 - Police Sedans) 8. NO. 97-331 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, (Bid 02115 - Fleet Vehicles) 9, NO. 97.332 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (Bid #2116 - 12-yard Dump Truck and heavy Duty Truck Cab,'Chass[s) i 10, NO. 97-333 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2 119 - Rubber Track Excavator) 11, NO. 97.334 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2121- Loader Backhoe Traclor) • 12, NO. 97-335 f • • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND AN INTERLOCAL AGREEMENT WITH NORTH TEXAS REGIONAL LIBRARY SYSTEM (NTRLS) TO AUTHORIZE PARTICIPATION IN THE PURCHASE OF j LIBRARY BOOKS AND RELATED VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN i try 32 X I O I 0 n f?At;14'0 City of Denton City Council Minutes November 18, 1997 Page 12 EFFECTIVE DATE. r 13. NO. 97-336 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PIOVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE. (PO #81020 - City of Garland, PO #81021 - City of Bryan, PO 081022 - City of College Station, PO 481023 - City Public Scrvice, PO #81024 - City of Greenville, PO #81023 - Central Power and Light Company, PO 481026 - Houston Lighting and Power, PO #81027 - Public Utility Board, PO #81028 - Texas Utilities Electric Company) 14. NO. 97-337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEBUYER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING AN EFFECTIVF DATE. 15. N0.97.338 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HOUSING AUTHORITY RELATING TO RENOVATIONS TO THE TWU C.AR.E.S. HEALTH CLINIC FACILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE LATE. 16. NO. R97-074 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR AN AUTOMATED FLOOD WARNING SYSTEM WITH CERTIFICATES OF { OBLIOATION; AND PROVIDING AN EFFECTIVE DATE. 17. NO. 97-J39 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ON * • y BCHALF OF THE CITY OF DENTON A 15' SANITARY SEWER EASEMENT CONVEYING TO THE CITY OF CORINCH THE RIGHT TO USE .0444 ACRE OF / j THE ABANDONED RAILROAD RIGHT-OF-WAY TO BE USED FOR THE DENTON BRANCH RA1Ln'RA1LS PROJECT FOR THE CONSTRUCTION OF A SANITARY SEWER WITHIN THE CITY OF CORINTH. i rj K 10 32xI~ City of Denton City Council Minutes November 18, 1997 Page 13 ITEMS FOR INDIVIDUAL CONSIDERATION 18. The Council considered nominationslappointments to City's Boards and Commissions. Council Member Cochran nominated Bob Montgomery to the Historic Landmark Commission. 19. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 20. New Business The following items of New Business were suggested by Council for future agendas; A. Council Member Young requested an in-house audit of all organizations that had contracts with the City for hotel occupancy tax funds. Council Member Cochran Indicated that he had requested an In-house audit of the Denton County Historical Museum, as it had not met an Open Records request. This was the only agency that did ` not meet the request for open records. 21. The Council did not meeting In a possible continuation of Closed Meeting under Sections 551.071-531.085 of the Texas Open Meetings Act. 22. There was no official action on Closed Meeting items held under Section 551.071-531.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 11;45 p,m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTERS • • CITY SECRETARY CITY OF DENTON, TEXAS 5 K 10 32XIO , I I 0 1 l , I CITY OF DENTON CITY COUNCIL MINUTES December 2,1997 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, December 2, 1997 at 5A5 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Pro Tern Brock; Council Members Beasley, Kristoferson, Cochran, Young ani Durance. ABSENT: May or Miller L The Council considered the following in Closed Meeting: A. Conference with Employees-Under TEX. GOV'T. CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting of the City of Denton City Council on Tuesday, December 2, 1997 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT. Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: Mayor Miller 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of September 2, September 9, September 23, and October 7, 1997. Beasley motioned, Young seconded to approve the minutes as presented, On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tern * Bruck "aye'. Motion carried unanimously, CITIZEN REPORT 3. The Council rcceiaed a citizen report From Ross Mellon regarding "governmental immunity" and unlimited government. Mr, Melton stated that government was force. He felt that that statement waa appropriate for the ` City as he never got satisfaction with the lawsuits he had riled. He felt the fury selection was neither appropriate nor fair. Ile felt there was a need for an explanation on how the City operated X according to the Constitution. Governmental immunities were fraudulent and were not in the Constitution. It only protected lawyers for their errors. 110 I I i I I ' 10 32XIO , • i I City of Denton City Council Minutes December 2,1997 Page 2 I NOISE EXCEPTIONS 4. The Council considered a request for an exception to the noise ordinance for ABATE for a Christmas party December 13, 1997 at the North Texas State Fairgrounds from 8:00 p.m. - 12 midnight. Jennifer Goodman, Administrative Assistant, stated that this was a request for a Christmas party at the North Texas State Fairgrounds. The party was scheduled to be held in the Fair Hall on the grounds. The band would be playing indoors. Council Member Cochran stated that it was good that the petitioner was sensitive to the noise in the area. Having the music inside would be good. He wondered about the noise level when the party was over. Fletcher Armstrong indicated that if the weather was cold or if it rained, the number of cycles at the party would be greatly reduced, Council Member Young asked if the organization had had parties anywhere else. Amstrong indicated that they previously had had parties in homes in Denton with no problems. The organization was much larger now and needed a larger facility. Beasley motioned, Young seconded to approve the request. On roll vote, Beasley "aye", Kristoferson "nay", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tent Brock "aye". Motion carved with a 5-1 vote, PROCLAMATIONSIA WARDS! S. December Yard of the Month Awards Mayor Pro Tern Brock prestnted the foll swing awards: Betty Lette • Robert and Leslie Day Lavryer's Title Building Unique Barber Stylists - Downtown Business Award i PUBLIC IIEARIYC • 6. The Council held a public hearing and considered an ordinance to amatd the detailed plan for • • 1.63 acres located in a Planned Development (PD-144) zoning district, This tract was located on the cast side of Bonnie Brae, north of Crescent and was also known as 1160 N. Bonniu Brae. (Z- 97.025) (The Planning and Zoning Commission recommended approval, 7-0) / David Hill, Director for Planning and Development, stated that this case was located at 1160 Bonnie Brae, north of Crescent. The action requested was to amend a detailed plan for the r'r X 32 x 75 { ' o City of Denton City Council Minutes December 2, 1997 Page 3 property located in PD-14 to delete the footprint of one proposed building in exchange to enlarge the remaining unbuilt building. The two buildings together would have permitted a total square footage of 6,500 square feet which was exactly the amount of square footage of the new building. One building was currently on the site. Directly to the south was conditioned office zoning with a large area of SF-10. The property was located in area designated by the 1988 Denton Development Plan as a low intensity area with 54% of the intensity trips to be allocated if approved. A neighborhood meeting was held with two neighbors in attendance. Discussion at that meeting dealt with drainage which was a concern with the original building. It appeared that the individuals in attendance were pleased with the proposal. When the proposal was considered by the Planning and Zoning Commission in November, it was recommended for approval with a condition that the building would be similar to the original building. The drainage water would go underground and not to the residential properties. The 1993 detailed plan was amended to allow for a change in the building footprints to increase the size of Building 1. Council Member Beasley asked if the detailed plan could be amended again in the future. i Hill stated that yes but that it would have to come back to Council Mayor Pro Tent Brock opened the public hearing. Fred Gossett stated that the petitioner was not asking for anything additional. The petitioner was only asking for a reconfiguration of an approved planned development. They had held a neighborhood meeting with two participants. Fifty percent of the property would be landscaped. Council Member Beasley asked ifthe open space would be built on in the future. Gossett stated that medical buildings required a lot of parking space. The plan could change but it would be difficult with parking. Mayor Pro Tern Brock closed the public hearing. n The following ordinance was considered, • NO. 97-340 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NOS. 92-014 AND 93-051 TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD) NO. 144 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND IMPOSING A CONDITION • FOR 1.63 ACRES OF LAND LOCATED ON THE EAST SIDE OF BONNIE BRAE, • • APPROXIMATELY 800 FEET SOUTH OF WEST UNIVERSITY DRIVE; J~o PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Krisiofersat "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tern Brock 25k10 32x Q . o City of Dcntou City Council Minutes December 2,1997 Page 4 "aye". Motion carried unanimously. CONSENT AGENDA Council Member Beasley asked that Item 018 be held for separate consideration. She asked why the ordinance was being redone. Rick Svehla, Deputy City Manager, stated that the "no parking" would take parking off Carroll Blvd, which was a result of discussions staff had with the Police Department and residents in the area. i Young motioned, Kristoferson seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye', Durrance "aye", Young "aye', and Mayor Pro Tern Brock "aye". Motion carried unanimously. 7. NO. 97-341 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02107 - Power Transformer) g, NO. 97-342 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPL1l S OR SLRVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; ANA PROVIDING FOR AN EFFECTIVE DATE, (Bid #2117 - Refuse Trucks-Side Load, Front Load, Rear Load and Roll-Ofl) 9. NO. 97-343 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2118 - Two-Person Aerial Device Bucket Truck) 10. NO. 97-344 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A r1 CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2120 - Trencher and Trailer) - 2r~Q s2x~U , ' p City of Denton City Council Minutes December 2, 1997 Page 5 11. NO. 97-345 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02122 - Excwator, Scraper and Motor Grader) 12. NO. 97-W AN ORDINANCE ACCEMING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, (Bid #2125 - Vacuum Switches) 13. NO. 97-347 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2129 - Billing and Collection of Ambulance Fees) 14. NO. 97-348 i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2080 - Community Sidewalks - West Side of Bolivar) 15. NO. 97-349 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN FFFECTIVE DATE. (aid #2124 - Crack Scaling of Streets) • • ' t6. N0.97.350 r 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 i 1 Wam 251IO 3zxlq C ' I City of Denton City Council Minutes December 2, 1997 Page 6 I COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO #80848 - j Xerox Corporation - annual maintenance agreement and user fee) t 17. NO. 97-351 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AND SUBSEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT NO. TX-90-X416, A GRANT AUTHORIZED BY 49 U.S.C. SECTION 5307; AND PROVIDING AN EFFECTIVE DATE, (Funding for SPAN Contract). 18. NO, 97-352 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGULATING PARKING OF VEHICLES EACH YEAR DURING THE NORTH TEXAS STATE FAIR AND RODEO BY TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH ROSS STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUT3 SIDE OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECITON WITH 13OLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECITON WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A r PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. tr ' ITEMS FOR INDIVIDUAL CONSIDERATION 19. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting parking on certain portions of Londonderry Lane and Sam Bass Boulevard near McMath Middle { School; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. (The Traffic Safety Commission recommends approval.) Rick Svchla, Deputy City Manager staled that the Traffic Safely Commission had considered this item and recommended approval. This would remove parking from Sam Bass for 100 feet on both sides and at the intersection of Londonderry and Teasley, parking would be removed for 250 feet on the south side of Londonderry and 100 feet on the north side on Londonderry. At the I f 32x10 A~ o a City of Denton City Council Minutes December 2, :997 Page 7 I I i intersection of Sam Bass and Londonderry parking would be removed 50 feet in either direction. This was in preparation for the opening of the McMath Middle School to facilitate movement of " traffic. t The following ordinance was considered, NO. 97-353 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON CERTAIN PORTIONS OF LONDONDERRY LANE AND SAM BASS BOULEVARD NEAR MCMATH MIDDLE SCHOOL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye', Kristoferson "aye", Cochran "aye", Duna= "aye", Young "aye", and Mayor Pro Tem. Brock "aye". Motion carried unanimously. 20. The Council considered an appointment to the Joint Tax Abatement Committee. Krisleferson molioned, Cochran seconded to appoint Council Member Durrance to the Committee. On roil vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "eye", Young "aye", and Mayor Pro Tern Brock "aye". Motion carried unanimously. 21. The Council considered nominationslappointments to City's Boards and Commissions. r, Council Member Cochran had nominated Bob Montgomery to the Historic Landmark Commission at a previous meeting. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye', Durrance "aye", Young "aye", w id Mayor Pro Tern Brock "aye". Motion carried unanimously, M: Mayor Miller was not present for his nomination to the Library Board, Council Member Kristoferson did not have a nomination to the Cable TV Board at this point in time. Council Member Beasley nominated Martha Garcia to the Parks and Recreation Board, t1 Council Member Young nominated Gwendolyn Carter to the Parks and Recreation Board. Mayor Pro Tent Brock indicated that Council would vote on this nomination at the next regular meeting. 22. The Council considered approval ors deputy city secretary. - - ~y, x 25 10 32 x r SOME" City of Denton City Council Minutes December 2, 1997 Page 8 Young motioned, Kristoferson seconded to approve Jane Richardson as a Deputy City Secretary. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously, 23. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 24. New Business The following items were suggested by Council Members for future agendas: A. Council Member Durrance asked for the preparation of a resolution for expansion of the existing runway and cooperative efforts with the FAA for expansion of the north end of the runway at the Denton Airport. 25. The Council did not meet in a continuation of the Closed Meeting under Sections 551-071- 551.085 of the Texas Open Meetings Act 26. There was no official action taken on Closed Meeting items held under Section 551.071- 551.085 or the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7;55 p.m. EULINE BROCK, MAYOR PRO TEM CITY OF DENTON, TEXAS r_ A JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i j r. 5x10 32X1 lam, CITY OF DENTON CITY COUNCIL MINUTES December 16,1997 After determining that a quorum was present and convening in an oven meeting, the City Council convened in a Closed Meeting on Tuesday, December 16, 1997 at 5:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Brock; Council Members Beasley, Kristofetson, Cochran, Young and Durrance. ` ABSENT: None k 1. The Council consideredthe following in Closed Meeting: A. Personnel - Under TEX. GOVT. CODE Sec. $51.074 A, Considered annual evaluations of Municipal Judge, City Attorney, and City Manager. The Council convened into a Regular Meeting on Tuesday, December Ifi 1997 at 1:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tcm Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. ABSENT: None 1, Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered Approval of the minutes of October 14, October 15 (Joint meeting with DISD), October 15 (Joint mectingwith P&Z), October 21, and tktober28, 1997. Young motioned, Brock seconded to approve the minutes as presented. Council Member Cochran asked for a clarification of a statement he made In the October 21' minutes relating to the sign ordinance, Council Member Beasley stated that a vote in the October 28' minutes indicated a unanimous vote when it should have been a 5.1 vote. i On roll vote of the minutes as corrected, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance"aye', Young"aye", Brock "aye", and Mayor Miller "aye". Motion caff led unanimously. CITIZEN REPORTS O I. The Council received a citizen report from Dessic Goodson regarding "Assistant City Attorney Jerry E. Drake should look before he signs." i i Nis. Goodson was not present at the meeting. 2 5 x 10 32XID ID I~ r i City of Denton City Ccuncil Minutes December 16,1997 Page 2 I 2. The Council received a citizen report from Debra Cosimo regarding City's home occupation ordinance, + Ms. Cosimo stated that her husband had an office in their home which was in compliance with the }tome Occupation Ordinance. However, there was a nearby home which had a business in it which was not in compliance. She presented written remarks which were included in the agenda back-up materials. She asked the Council to examine the Home Occupation Ordinance in order to better protect neighborhoods from this type of abuse. Mayor Pro Tern Brock stated that she would like this item on a future agenda for discussion. 3. The Council received a citizen report from Doug Coggeshall regarding a recommendation that at the next available work session the Council have a presentation regarding thermal night vision for the police and lire departments, Mr, Coggeshall stated that he was proposing a citizen's resolution for Council consideration on thermal night vision research and rescue helmets. He had a video presentation available for Council review, Ile wanted Council permission to distribute an informational postcard to the school children in the D1SD. Mayor Pro Tcm Bruck indicated that Council was not refusing to fund this project. There currently were no funds dedicated for these helmets and the dollars would have to be found to fund such a program. Council Member Beasley stated that Council was not made aware of this project until after it was through with the budget process. The Fire Department individuals and the Fire Cats were working to help inform people about this program and to help fund this program. She suggested Mr. Coggeshall tatk with those individuals for help withthis fund raising. Council Member Kristeferson suggested using the public access channel to air the tape for citizen information. The City Council could not control what went out to the public schoolchildren. Coggeshall stated that the DISD had already approved the postcard to be given out to the school ` childrenbut it wanted the approval of the City Council beforeactually sending them. Council Member Young indicated that he had not seen the video and that there might be others in audience who would like to see the film, lie had talked with fire fighters and others about the program. The City was spending money on other items but this was something which would save lives and was necessary. These helmets would also save fire fighters lives during a search of a building on fire, lie would like to hear from the Fire Chicf about the help from the citizens. i City Manager Bcnm ides stated that the City was going to make up difference between what was 0 0 already raised and the cost of the first helmet. The Fire and Police Chiefs were going to study the issue to find ways to raise money for the helmets. A helmet would be purchased now and if other savings occurred during the year,others could be bought. i Coggeshall stated that there were many priorities with the City. Ile felt a need to be proactive for the helmets for the firerighlers but also proactive for bomb disposal etc In order to be prepared to i - - - 7 32XIO W M p •.rsr. City of Denton City Council Minutes December 16,1997 Page 3 deal with such emergencies. Council Member Kristoferson stated that she did not want to cut the budget of a department in order to purchase this helmet. She felt that the schoolchildren had many other types of fundraisers to deal with and they should not be responsible for this project. PRESENTATI ONS/A WARDS Mayor Miller presented a proclamation for Drunk and Drugged Driving Month. 6. CertificatesofRecognition fora(ti,.cparticipation intheUnited Waycampaign. Mayor Miller presented certificates of recognition to City employees who were department representatives during the United Way campaign. Ci2NSENT AGENDA Council Member Cochran asked that Item #17 be pulled for separate consideration. Council Member Young asked that Item # 14 be pulled for separate consideration. He asked for a descriptionofthe project. Rick Svehla, Deputy City Manager, stated that this resolution was a way to financially begin the project. The actual bonds would not be sold until March. This would allow the engineering contracts to begin or to set aside money for easements or whatever might be necessary for the project. General fund money would be used to finance the project until the bonds were sold, Durrance motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances excluding Item 017. On roll vote, Beasley "aye", Kristoferson"aye", Cochran "aye", Durrance"aye",Young"aye",Brock "aye', and Mayor Miller "aye". Motion carried unanimously, 7. NO. 97-354 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT SUPPLIES OR SERVICES. PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFF'ECT'IVE DATE. (Bid #2123 -Annual Supply of Gasoline, Dicsel,and Kerosene) S. NO. 97-335 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A 0 CONTRACT FOR T HE PURCHASE OF MATERIALS, EQUIPMENT SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2131- Distribution Transformers) / 10 32XI n • City of Denton City Council Minutes December 16, 1997 Page4 9, NO. 97-356 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid 02137 - Annual Supply of Fire Station i Work Uniforms) s 10. NO. 97-357 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE TII'I I IE PROVISIONSOF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO 081553 - Motorola Communications- (41) Handheld Mobile Radios and (9) Holster Options) IL NO. 97-338 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ANNUAL CONTRACT PAYABLE IN FOUR QUARTERLY PAYMENTS BY THE CITY OF DENTON FOR APPRAISAL SERVICES BY THE DENTON CENTRAL APPRAISAL DISTRICT AS AUTHORIZED IN RESOLUTION R97-029 APPROVED BY COUNCIL JULY 8, 1997; AND PROVIDING AN EFFECTIVE DATE. (PO081175-Denton Central Appraisal District in the amount of 3130,020.59) 12. NO. 97-359 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE FIRST AND SECOND QUARTER 1998 PAYMENT BY THE CITY OF DENTON OF A SOLID WASTE PERMIT FEE CALCULATED AT 3.5% OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (PO 081818 - Texas Natural Resource Conservation Commission (TNRCC) in the mount of 580,000.00) 13. N0.97.360 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR PHASE LANDFILL EXPANSION SLURRY WALL/DEWATERING SYSTEM TO TERRA CONSTRUCTORS, LTD. IN THE AMOUNT OF $468,973.00; PROVIDING FOR 111E F,XPENDIIURE OF FUNDS THEREFOR; AND PROVIDING FOR AN r +2 EFFV.CTIVEDATE. (Bid 02138- Landfill Expansion Slurry Walt/DewatcringContract) - - ~:x10 32Xla f 0 City of Denton City Council Minutes December 16,1997 Page 5 14. NO. R97-075 1 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR THE PECAN CREEK TRIBUTARY 4 PROJECT (ROBERTSON STREET DRAINAGE PROJECT) AND THE EAGLFJCOLLINS PROJECT WITH GENERAL OBLIGATION BONDS; AND PROVI DING AN EFFECTIVE DATE. 15. NO. 97-361 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE NALL AND PERKINS, INC, FOR DEVELOPMENT OF A CITY-WIDE FLOOD MITIGATION PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PO#81811-Teague,Nall, and Perkins, Inc, in the amount of $25,200.00) i 16. NO. 97.362 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND CARTER AND BURGESS FOR THE DESIGN OF THE DRAINAGE FOR PHASE I EAGLE DRIVE IN THE AMOUNT OF $38,700 (RFSP #2110A-EAGLE DRIVE PHASE I PROJECT); AND PROVIDING AN EFFECTIVE DATE). 18• NO. 97-364 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE + ADDENDUM NO. I TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF STREAM PEC-4 STORM DRAINAGE IMPROVEMENT AND RUDDELL STPE6T BRIDGE AND CHANNEL, IMPROVEMENTS BETWEEN THE CITY AND TEAGUE NALL AND PERKINS, INC,: AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PO# 76616R - r Teague, Nall, and Perkins, Inc. - PEC-4 and Pecan Creek) 19. NO, 97.365 AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE PURCHASE OF XEROX 4050 111011 SPEED LASER PRINTER FROM THE STATE OF TEXAS GENERAL SERVICES COMMISSION CONTRACT AND INTERLOCAL COOPERATIVE PURCHASING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE ~r DATE. (PO 081929-Xerox Corp. In the amount of 537,977.00) I' - ?5 x ICS 32XIO 0 i City of Denton City Council Minutes December 16, 1997 Page 6 20. NO. 97-366 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO T'I IE DENTON MUNICIPAL ELECTRIC UTILITY, BETWEEN THE CITY OF DENTON AND LUNDY AND ASSOCIATES; AUTHORIZING THE EXPENDITUREOFFUNDS THEREFOR;ANDPROVIDING ANEFFECTIVEDAT'E 21. NO. R97.076 A RESOLUTION OF TIIE CITY OF DENTON, TEXAS APPROVING THE APPOINTMENT OF THE RESERVE POLICE OFFICER LISTED IN THE RESOLUTION. 22. Approval of disposal of abandoned well sites No. 5 and 10. (The Public Utilities Board and the Planning Zoning Commission recommend approval.) 23, NO. 97-367 AN ORDINANCE; AUTHORIZING THE MAYOR TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENCON AND D. R, CAMERON AND ASSOCIATES, INC. FOR THE CITY'S PARTICIPATION IN THE: OVLRSI/.ING OF A WATER MAW AND IN ACCORDANCE WITH THE TERMS AND CONIIIIIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS TIIEREPOR; AND PROVIDING AN EFFECTIVE DATE, (Bent Creek Estates, "base 1) (The Public Utilities Board recommended approval,) PUBLIC HEARING 24, the Council held a public hearing and considered approval of a revised Detailed Plan for property, zoned Planned Development 12 (PD-12) for Commercial uses. The subject property cons;sted of a 5.491-acrctract located on the south side of interstate35 at the Corinth City Limits. (Z-97.019) (The Planning and Zoning Commiss2on recommended approval, 6-1.) Dave I fill, Director or Planning and Development, stated that this was a continuance of a public hearing held earlier and this meeting had also been advertised ra a public hearing. The action requested was approval or a revised detailed plan located in Pij-12. Council approved this planned development in 1986 which then was only a conceplplan. More details were given with a detailed plan. The Planning and Zoning Commission recommendation to the Council indicated approval with the additional condition that ten additional trees would be planted. Council postponed decision of this proposal at its last public hearing. Issues raised during that public hearing were an outdoor public address system; lighting; tree preservation; a garage door facing residences; flood plain requirements and a grading plan; and construction details of a screening wail. Following the e November 18th Council meeting many individuals became Involved In this process. A neighborhood meeting took place on Dec. 9'1. The individuals who attended that meeting appreciated the team of the consultants who were thereto try and answer their questions concerning the proposal. Most of the above issues were resolved but there were still individuals who would like to have more trees preserved, -Qince the neighborhood meeting, the applicant had submitted a revised site plan and detailed plan materials. The proposal on November Is, indicated seventeen F" 7 10 32 x D h I I I ` O I I City of Denton City Council Minutes December 16,1997 Page 7 10" or greater trees preserved with 25 new 4" trees. The total trees proposed for the site was 42. The revised site plan showed 22 existing trees saved and 33 new trees planted for a total of S: trees. The number of existing protected trees was 110 with 88 of them being removed under the revised plan. Lighting specifications were included in the agenda back-up materials. The three items to address with lighting included downward lighting shields should be used; illumination levels be minimized with minimal hours of operations. All three of these Issues had been addressed by the applicant. From dusk until SIM p.m. the display lights would be used, from 9:00 p.m. to daybreak the security lighting would be used. City regulations did not require that flood plain areas be filled for the parking area. The screening wall details had been submitted and no outdoor public address system would be installed. The garage door in question facing the residences was really a paint booth and would be closed most of the time so no noise would be coming from that area. If the detailed plan were approved, the Council would need to address some specific items as part of the conditions for the detailed plan approval The Mayor opened the public hearing. Jerry Roberts stated that since the November 18th meeting, they had been very busy on this project. They meet with John Cooper, County Extension Agent, who helped determine how to save the trees in the area. They also hired the Alan ilolloman to help with the project. They looked at the site plan with the Idea of saving additional large trees. The revised plan saved an additional five large trees that would be located in the strectsc ape. The number of parking spaces was reduced ey 22 in order to save those trees. Minor changes were made from the plan presented at the Planning and Zoning Commission that would preserve more root zones for the trees. They would be removing 89 of the total number of protected tress. Of those 89 trees, 14 were in poor condition and the remaining were in fair to good condition. They would also plant SS trees. Duncan Weathers stated that he had talked with the developer and looked at the lighting plans. ilis concerns had been addressed regarding the I ighting issue. Nancy Ustick stated that she was not in total opposition to the proposal. When she first learned that only five more trees would be saved, she felt that more could have been saved. However, she was glad that the petitioner was able to save the extra trees. She wondered if the building could be moved just a little in order to save a few more trees. The Islands in the entrance were where there were trees and she wond:red if more of those trees could be saved. There was a great effort by the '?k members of the development team as they worked very hard to work on the site. In the future she suggested that a petitioner go through the site first to dcterrnine what natural resources were there and then design the proposal. Kris Westerson stated that the public meeting was very informative. She was disappointed that only rive additional trees were saved, She felt there was no creative thinking on how to save more of the trees and was still concerned about the number of trees which would be destroyed. She suggested a donation or replacement of trees somewhere in the city so the net number of trees in area would not be changed. The Mayor closed the public hearing. ' Council Member Beasley congratulated all In the audience on how the process worked. People needed to talk together and work out a solution. This showed that the process worked, She felt that the result was a good one. Citizen concerns were important and it was good that the original public A 2 5 10 32x10 0 City of Denton City Council Minutes December 16,1997 Page 8 hearing and the first proposal was delayed as it resulted in a better solution and a good compromise. The following ordinance was cc%: sidered: NO. 97-369 I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR A 5.491 ACRE TRACT LOCATED ON THE SOUTH SIDE OF INTERSTATE 35 EAST, NORTH OF THE TOWN OF CORINTH CITY LIMITS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Young seconded to approve the detailed plan with all of the conditions suggested by the planning department including the hours of lighting as recently submitted. Council Member Durrance noted a point of order in that there were several blanks In the ordinance which needed to be completed. Council Member Beasley stated that her motion Included that the exact number of trees to be preserved would be 22, the number of new tress o be planted was 33, and the lighting would be display lighting from dusk to 9:00 p.m. and security itghting from 9:00 p.m, until daybreak. On roll vote, Beasley "aye", Krlstoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye". and Mayor MiIler"aye', Motion carried unanimously. ITEMS FRH INDiVIDUAL•CONSIDERATI0 Council considered Item #17 from the Consent Agenda, 17. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to executea professional services contract between the City of Denton and Huitt- lxl tars in the amount of $95,095.00 (RFSP #2110 -Research Parkway Project); and providing an effective date. rti • Council Member Cochran stated that he would be would be voting against this item as a matter of principle. The following ordinance was considered: NO. 97-363 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY • • MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN TI IF CITY OF DENTON AND HUITT-ZOLLARS IN THE AMOUNT OF $93,095.00 (RFSP 02110b-RESEARCH PARKWAY PROJECT); AND PROVIDING AN EFFECTIVE DATE. i i ~~x1a 32x10 ti 0 ' I City of Denton City Council Minutes December 16, 1997 Page g I Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye', Ktistoferson "aye", Cochran "nay", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 25, The Council considered the appointment of a City Council Member to the strategy committee to study and address the impact of electric deregulation on the City of Denton Brock motioned, Cochran seconded to nominate Council Member Kristorerson. On roll vote, Beasley "aye", Kristofcrson"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller"aye". Motion carried unanimously. 26. The Council considered adoption of an ordinance of the City of Denton, Tc%os providing rot the control of backllow and cross-connections; regulating the protection of the City's potable water supply, providing protection assemblies as required, providing for a mainte,tance and testing program rot said assemblies; providing for a penalty of $2,000 for each violative of this ordinance; and providing for a severability clauseproviding rot a repealer, and providingan effective date, Jill Jordan, Interim Director for WalerM'astewater, stated that this ordinance would cover how to avoid having pollution of the City's water system, The proposed ordinance was similar to the City's existing plumbing code. The current plumbing code ordinance had some of these ptovisions but the proposed ordinance went further with the required record keeping and testing. The two documents were complimentary to each other. She reviewed the highlights of the proposed cross connection ordinance. The next step would be to send a letter to builders regarding the passage of this ordinance and to the plumbers to get their certification. They were also in the process of developing a brochure for customers regarding the facts of the program. Council Member Cochran asked about the cost to a homeowner. Bill Brown, Superintendent/Water Utilities Field Service, stated that a one-inch assembly with 3 'alues was $73 for the entire assembly. Jordan stated that the assemblies were basically only for higher hazard users. Council Member Durrance asked if the reduction in water pressure would trigger the values and irso, how much ore variance would it require. Brown stated that the influence in a neighborhood t;culd not be enough to trigger an effect under ordinary circumstances. If a main would break which would suddenly take away the water pressure, the valves would respond and close. There had to be a very significant decrease in water pressure in order to trigger the closing of the valve. Council Member Durrance asked what would be required to reopen the valve. • • Brown stated that it would recover itself when the pressure was neutralized. The valve should be tested aflcr the incidence. Th: following ordinance was considered: x 10 32X10 r o City of Denton City Council Minutes December 16,1997 Page 10 NO. 97-369 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE CONTROL OF BACKFLOW AND CROSS-CONNECTIONS; REGULATING THE PROTECTION OF THE CITY'S POTABLE WATER SUPPLY, PROVIDING PROTECTION ASSEMBLIES AS REQUIRED, PROVIDING FOR A MAINTENANCE AND TESTING PROGRAM FOR SAID ASSEMBLIES; PROVIDING FOR A PENALTY OF $2,000 FOR EACH VIOLATION OF THIS ORDINANCE; PROVIDING FOR A SEVERABILiTY CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye'. Motion carried with a 6.1 vote. 27. The Council considered approval of a resolution amending the investment policy for funds for the City of Denton; designating investmenlofficers; providinga ;•vings and a repealing clause; and providing an effective date. (Investment Committee recommended approval.) Diana Ortiz„ Director of Fiscal Operations, stated that the investment policy had been revised to meet the requirements of recent legislation. The revisions would also address greater safety by addressing collateral monitoring and Internal controls, would clarify and Edina various items previously addressed by general statements. The foltowing resolution was considered: NO. R97-077 A RESOLUTION AMENDING THE INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON, DESIGNATING INVESTMENT O,"•FICERS; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE UAl'E, -44 Kristoferson motioned, Young seconded to approve the resolution. On rudl vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye Motion carried unanimously. 28. The Council considered approval of the Fiscal Year 1996-91 Annual Investment Report. Diana Ortiz, Director of Fiscal Operations, stated that the Investment Policy stated that %ithin 60 days of the end of the calendar year, the Director of Fiscal Operations had to present a comprehensive annual report on the investment program and the Investment activity. The report • • was included in the back-up materials of the agenda. KHsloferson motioned, Young seconded to apfrove the report. On roll vote, Beasley "aye", Kristoferson "aye', Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye", Motion carried unanimously, 1 7_ ~!5 x ~Cl 32x10 xa 0 I. ' ' Mklpb I City of Denton City Council Minutes December 16,199' Page 11 29. The Council considered a motion to change the funding in the 1996 CIP from the Mills Road project to improvements on Mayhill Road to facilitate joint construction with the DISD, (DISD Service Center Project) Rick Svehla, Deputy City Manager, stated that the DISD planned to move their service center from Linden Street to the area west of Ryan High School. In their platting process, the District and City officials talked about the possibility of building the service annex and also making a connection from the annex area to Ryan High School. This would provide a second access to the high school rather than Mills Road. The Oversight Committee felt this was a good idea. The project would widen Mayhill to a four-lane facility and would use money from Mills Road. The District would close its access from Mills Road in order to force use of Mayhill Road. Ultimately a connector road would be built between Loop 288 and Mayhill. That would allow traffic to not have to go to McKinney Street but access this second access to Ryan before McKinney, The City would combine money with the DISD to build one project on Mayhill Road. Beasley motioned, Young seconded to approve the change In funding. On roll vote, Beasley "aye Kristoferson "aye", Cochran "aye", Durrance "aye', Young "aye", Brock "aye", and Mayor Miller"aye". Motion coff led unanimously. 30. The Council considered nominations/appointmentsto City's Boards and Commissions. Mayor Miller indicated that there two nominations for the Parks and R&reation Advisory Board position. 1 On roll vote for the nomination of Martha Garcia, Beasley "aye", Kristoferson "aye", Cochran "aye", Durance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a j 6.1 vote, On roll vote for Owendolyn Carter, Beasley "nay', Kristoferson "nay", Cochran "nay", Durance 1 "nay", Young "aye", Brak "nay", and Mayor Miller "nay Motion failed with a 1.6 vole, Mayor Miller nominated Teresa Starrett for the Library Board, 31. Miscellaneous matters from the City Manager. City Manager Benacides did nut have any items for Council. 32. New Business a " The following items were suggested by Council Members for future agendas. • A. Mayor Pro Tern Brock asked that the home occupation ordinance be placed on a work session for discussion. j Ile B. Council Member Kristoferson asked staff to explore the possibility of posting the addresses of convicled sex offersders living In Denton on the lntemet. 75 x 10 32x10 • 0 City of Denton City Council Minutes December 16.1997 Page 12 C. Mayor Pro Tem Brock asked about the progress of the truck ordinance for Highway 380. Rick Svehla, Deputy city Manager, stated that staff was still working with TXDot for approval. Highway 380 was a national highway and any changes had to go through several layers of govcinment. Last week staff talked with TxDot regarding the signing details with a signage plan coming to Council in January/February, D. Council Member Young asked to re-examine the board appointees for the Parks and Recreation Advisory Board, I le felt he was being discriminated against with that board as he did not have mpresentationon that board, 33. The Council did not meet in a continuation of Closed Meeting under Sections 551-071- 351.085 of the Texas Open Meetings Act. 34, There was no official action taken on Closed Meeting items held under Section 551-071- $51.085 of the Texas Open Meetings Act. With no further business, the regular meeting was adjourned at 10:00 p,m. Following completion of the Regular Session, the City Council convened into a Work Session to discuss the following; I, The Council received a report, held a discussion, and geve staff direction regarding the recommended outline for development of the Denton Comprehensive Plan. Dave Ilill, Director of Planning and Development, stated that the Comprehensive Plan was part of the Denton Plan process. The Comprehensive Plan was pan of the Denton Plan and was a document to be adopted by Council. This was a development oriented guide with no standard format. It would guide private and public decisions in development and would establish a strategy for the future which required community consensus. Hill reviewed the legislative issues that dealt with the Comprehensive Plan that were included in the agenda back-up materials, The i basic principles included projections and forecasts; mission and policies; and geographic ` conditions that lead to the Comprehensive Plan. Topics of discussion that were included in the r agenda back-up materials included plan contents; essential topics; non-traditional topics; a timetable; and implementation tools. With no further business, the meeting was adjourned at 10:25 p.m, JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS j CITY SECRETARY CIl'Y OF DENTON, TEXAS j 25 x ItJ szx C l 4WROM AGENDA INFORMATION SHEET Apenda No. l[I~- Agmda Item AGENDA DATE: JANUARY 6,1998 Date - DEPARTMENT: Finance • Purchasing ACNI: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUC LION OF BANNER, ULAND PAVING IMPROVEMENTS AND STROUD-PIERCE PAVING TO DBR CONSTRUCTION IN THE AMOUNT OF $103,748.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EhFECTIVE DATE. (BID #2133-BANNER, ULAND, STROUD & PIERCE STREET PAVING). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT 100 working days PRIOR ACTION/REVIEW (Council Boards. ('ommbstonsl None FISCAL INFORMATION This project will be funded with CDBO funds for these projects account # 219-03C- CDCK•8502 and # 2169-OSC-CDC9-8502. Fr BID INFORMATION 0 Recommend approval of a contract for Bid 02133 for the construction of Banner, Uland Paving Improvements and Stroud, Pierce Paving to DBR Construction in the total amount of $103,748.00, i i i This bid is for all materials and labor necessary in the replacement of approximately 375 feet of pavement and new curb and gutter on Banner and Uland Streets and the ' 10 replacement of pavement for approximately 1,825 feet on Stroud and Pierce Streets. The * • citizens in the area of Banner and Uland have requested street repairs and curb and gutter be installed for sometime. Stroud and Pierce Streets have had numerous water main / breaks and these lines have been replaced which should eliminate any new street cuts allowing for repaving of the streets. Bid imitations were sent to sixty contractors and responses A ere rec6 M from two. I - 10 32x1❑ AGENDA INFORMATION SHEET JANUARY 6,1998 PAGE 2 OF 1 f ~ . y 1 Respectfully submitted: i i , N • I thy DuBose Title: Assistant City Manager of Finance Prepared by: Name, Tom Shaw, C.P.M., 349-7100 Tide: Purchasing Agent Attachment # 1: Tabulation Sheet Attachment 02: Memorandum from Barbara Ross Attachment M3: Memorandum from David Solman 989.AUNDA ri y 2 32 X / 0 r 1 ATTACHMENT # 1 TABULATION SHEET I BID 0 2133 1 I IND NAME BANNER, ULAND, STROUD JAOOE DBR S PIERCE BT PAVINO PUBLIC CONSTRUCTION DATE 1t Nov Y7 1 TOTAL BID AWARD $122,214.00 11103,T46,00 i BID BOND YEB yes i i 9 2 5 x10 32 x l o .■s 0 rw ATTACHMENT 02 MEMORANDUM TO: Tom Shaw, Purchasing Department FROM: Barbara Rosa, Community Development Division SUBJECT: Stroud, Pismo, Uland, Banner Old DATE: December 8, 1"? The Community Development Division recommends acceptance of DBR Construction's bid of $103,748 on the Stroud, Piero, Uland and Banner street repaving project. They are the apparent low bidder on the project. DBR Construction has completed various CDBt3 and HOME projects. The" have all been satiefectory. Attached is a purchase requisition for the project. Final transfer of all project funds should be complete by December 19. Pleats call me H you have questions or need additional Information. Thank you. I Barbara Rosa I E-mail copies to: Dave Hill, Planning & Development Dave Salmon, Engineering & Transportation Ronnie Forsythe, Engineering & Transportation I I i iLA! ~ • • 6 J, 1 j i i i i 4 I~ 0 ATTACHMENT 03 Memorandum To: Tom Shaw, Purchasing Agent From: David Salmon, Ba&eering Administrator Subj.; U1and, Banner, Stroud and Pierce Paving Date: 12/15197 Bids were opened on the above referenced project on 111113197. The apparent low bidder is DBR Construction with a total bid of $103,749.00. Our estimate for this construction wu S70,602.00 or approximately 32% below the lowest bid. We have noticed over the Iast 3 or 4 bids we've received that the administrative items have come in considerably higher than our estimates. I suspect that most contractors have plenty of wont and the higher administrative costs in due to the contractors hiring additional crews. We will be adjusting our estimates accordingly in the future. Comparing DBR's unit prices to those of other recent bids, I felt that DBR's bid is reasonable. According to Barbara Ross, then are funds available for the project. You will be receiving a memo from her as well as a Purchase request. DBR Construction has completed several similar projects in the poet with acceptable results for the City of Denton. I recommend their bid be accepted. Please call me at 1 exteiislon 8355 if you need additional information. . k S In n ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF BANNER, ULAND, PAVING IMPROVEMENTS AND STROUD•PIERCE PAVING TO DBR CONSTRUCTION, IN THE AMOUNT OF $103,748.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 142133-BANNER, ULAND, STROUD & PIERCE STREET PAVING). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described In the bid Invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved m being the lowest responsible bids: BID 1 CONTRACTOR AMOUNT A 2133 DBR CONSTRUCTION $1039748.00 , SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvemen s herein accepted and approved, until such person shall comply with • all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate alley noti fication of the award of the bid. 6 10 32x10 awwra ♦ SECTION III, That the City Manager to hereby authorized 10 execute all necessary written contracts for the performance of the constitution of the public worsts or improvements In accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidden and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTIO V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Y rM { t BY: • f{ APPROVED AS TO LEOAL FORM: r HERBERT L. PROMY, CITY ATTORNEY 4 BY: ` • 7 2.5 x 10 32XII 0 ' 0 l , Agenda No. Agenda item Date " AGENDA INFORMATION SHEET AGENDA DATE: January 6, 1998 DEPARTMENT: Finance - Purchasing ACNE Kathy DuBose, 349.8228 SUBS AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR FEED WATER HEATER TUBE REPLACEMENT TO VUBA HEAT TRANSFER DIVISION, IN THE AMOUNT OF S 38,945.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 02139-FEED WATER HEATER TUBE REPLACEMENT). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT 18 weeks I PRIOR ACTIONIRF:VIEW (Council, Boards, Commissions) None FISCAL. INFORMATION Budgeted funds for heater repair 1998 account N 610.101.1011.5140.8339. DID INEOR1iATiON This bid is for all materials and labor necessary for replacement of tubes In 5.4 feedwater heater which Is the high-pressure regenerative feed water heater for Generating Unit $ at ~ the Municipal Power Plant, These repairs are necessary due to numerous leaking tubes in the heater, which have been plugged beyond the manufacturers recommend acceptable level. This repair was anticipated to take place ahen the next leak occurred. The unit has failed and Is currently out of service pending repair. Bids %%-ere sent to eight prospective vendors, responses were received from four, i 1 i - x 10 32 x~Q ! ' i SS G l AGENDA INFORMATION SHEET JANUARY 6,1998 PAGE 2 OF 2 r I Respectfully submitted: Name`- Ka y DuBose Title, Assistant City Manager of Finance Prepared by: Name: Tom Shaw, C.P,M., 349-7100 Ti;1e: Purchasing Agent Attachment 41: Tabulation Sheet Attachment #2: Memorandum from Jim Thune J 'I set /Iti• J 2 z xIon 32XI ] o ATTACHMENT 01 TABULATION SHEET BID I 2171 DID NAME FEED WATER HEATER YUDA PEE AMERICAN TEI TUN REPLACEMENT HEAT PWWL POWER THERMAL TRANSFER EXCHANGER SERVICE ENO, SERVICE INTL. DATE 24)"47 1 RETUft RASE DID 112~6411.00 !11121.00 1+0.00 $53,022.00 2 TUN CAGE REPAIR 111000.00 11000.00 116000.00 111000.00 7 TOTAL EVALUATED 111.141.00 112,121.00 1101140,00 111,022.00 ~ E r,., 2-540 32XIO e ,AUwa , 0 rSt~Y~RtiI CMI or DeNVor MUNICIPAL GENERATING STATION 1701 A. 5"AW ROAD OawrnK. TV" 70906 (0401340- 766 t r*& (0401 340 • 7696 December 18, 1997 W Ton Shaw Pulrohuittg Agent City of Denton Texas Street Denton, Texas 76201 DwrT^ Re: Did 2139, FeMwater kris tube replacement The auscW requisition number RQ 192898 rw ommeods comtrocting with YUBA Host Trarufer Division for nuteris) and serviras to repair 74 feedwater beater. Tk repair recommendation it based on low evaluated bid to our Specification M9801.10l24N7, and ptgcbuipg bid 2139, " 4 4 Bx:kground , 34 fetdwater heater is the high pressure regenerriive fad water heater for Unit Five, These repairs are access eery to replace Ieaking tubes in the be", Thin butir bas expalenced mwarbus tube failtaes and subsequaot tube plug repairs. Tube plugging Is an acceptable caetbod of luk repair td 966 tiitiat re6tdrtlom resutring from the plugged tubes does not exceed maoufoctuen limitations. This hcaer hu boa repaired whb tube plugs on tbru occasions. The member of plugged tubes fo3owing tk but repair exceeded the allowable rep air limit. Upoo ratrening the !raster to servicb, we knew that the ae i Soak would result in the need to re-tube the heater radw than plug tuba., Speci6oa" , were prepared snticipsting further tube leaks, The beater has since failed and Is cwrerutly out of service pandi6g repair, Repsit of the heatar,witl result in fuel savings of 81,000 mmBtu annually. At etmnt furl prices, bater repair would provide anowl savings totaling $218,000.00. Bids were received from four veodon Including: YUBA, Pimgel Exchanger Savioe, Herne. Power r vW Tbermd Fng+meavy Ietmetiond. Us were evaluated giving cwsAmdon for the req%&ed repair cost sad estimated contingency to repair tube sage ad support compoutdi should throe componcetts be ranched unlit for reuse. There is s strong possibility that tube use replacematt will be oeuseary since this hater is of copper nickel material and has s7(perieaced seven enfoliatioa. Extahatio6 oocurs on the external su dace of the tubes sod makes it difficult to uv we tube busndles fran the tube support members. The exfolietioo is also the cause of tube leaks. 1be industry Is generally switching from copper mkkel tube material to staidess task materiel. We We re-tubed three other feedwitar beaten with stainless material and have not expaiericed easy tube [inures in these beaten since the repair.'1'he 54 beater wu wtubed iix years ago with copper nickel tuba, This was our rust experience ro•rublmg a huw and we did not select oaideae tubes fete to the exhibited allot life expectancy of copper nickel tuba, stainless tuba are mow speaeed for 0 ratube repairs. This slows heater 4 Y . ree0~lr sur~ers Ik Tom Shaw Page 2 . Dwomber it,1997' loosevky but does nmlt m a diSbt tbrtnd pent. The dwnw peodly Ld w4 da mt cooddretitl those Ymendo j uaiu opatte in oyding made rod the warOnd WwtwAww t in beet rra would be mm than off eel by the hiyhar oat of teplatda AtbN #my sbt yon. Tb tpe hoddar i"W tefitbly the Maoist whh atalalaa tuba, rapelrli the 4m6 d cover "d wild arcs W tatpplyios oeoaary sw* mdedds dbr rw taat9b" Add" A* tb rpW adoa tegmWd p laWs to npb w the tube eye twem*. Tbk aotlt r asy ad be wAmd and wW achy be attboritid if amutry, poW dr o* of Mpladee tLe Tbs evalowon 1» a sw an addida nd 31s,000.40 Abe; arh bid son tube ale euppaeta wd bama. ibis emotraL um0!ldene m oovr the quoad oat Gam YtfBA for tine aetvkn. The Ww vendors did not oat fa acmptede tub cW tepwa msm, provw" to" . ftdw nee oe a time wd momW u roy ar all of & htb up oompoma m waft ht M UK the $16,000.00 Is eufScieot to wvw my oootiyatoy but wid only be tailiead ae unwary. Tbasforo, wdaadw wee made with a oat of 416,000.00 far tub 0* NOW mw~`- and added tomb, but bld ' YURA P69 Raam ' T61 Reettb, bare bd $41,945.00 546,M.00 444,440.00 $33,022.00 t4o up tqok $16,000.00 ;16,000,00,p$16,000.00 Toalavdusted SSS,943.00 $62,923.00 $60,140.00 569022.00 YUBA provided the low evaluead bid with tube,teftlaoantam opdao. YLIBp Taoiw atl expected npaii isgnleemds and the apdood re~piekk, The c dw readw did W pkaritM.M&fiat fis tlmevduetfoe btd wWtotem term p iew fift do Ww veodc "a"m am b tined aohler oomparobltiey. YUBA's bid was low tat bah the t"Wrod tegirr and apdaw repeira.'' Tb Publie,l)dltgr Board "d oonaldw this t o'et dig( lnoiie* 3, i994 maean6 Pteae let me Imow if my cddltlaod ldtari utide terltthed at if you haw my tpintiom m j&dW i thil r«amtoendaboa , r , 1 Rte. ~ , . • . i ~ Mattya, Elesfrb Prodtrodo0l')ivirlae ~ ~ i c ~ s 25 K ~q 32 x~n i ♦ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD , OF CONTRACTS FOR FEED WATER HEATER TUBE REPLACEMENT TO YUBA HEAT TRANSFER DIVISION, IN THE AMOUNT OF S 58,945.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 42139-FEED WATER HEATER TUBE REPLACEMENT). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or Improvements in accordance with the procedures of STATE I&%%- and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as de ~ ~ yed in the "Bid tnvitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBF,g CONTRACTOR AMOUNT 2139 YUBA 1'`1- AT TttANSFFR DIVISION $ 58,945.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified In the Notice to Bidders including the timely execution of a written contract and furnish:ng of performance and payment bonds, and insurance certificate after • notification of the award of the bid. Ile 6 i4 l - 10 32x~J 7 x 0 i 9 I SECTIQN Ill. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements In accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities vW specified sums contained therein. SECTION IY. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of fitnds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: j HERBERT L. PROLTY, CITY ATTORNEY a l BY: Vo 7 25X~❑ 32 x~~ 0 Agenda No. ' Agenda Ile AGENDA INFORMATION SHEET Date. AGENDA DATE, January 6, 1998 DEPARTMENT: Finance •PurchasIng ACM: Kathy Du36se, 349-8228 SUBJECT AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF B1OXIDF,A CHEMICAL FOR ODOR PROBLEMS, WHICH IS A SOLE SOURCE ITEM IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 0 82109 TO US FILTEWDAVIS PROCESS). BACKGROUND NONE ESTIMATED SCHEDULE OF PROJECT 7.10 days aflcr receipt of purchase order MOR ACTIONIREVIEW (COUNtyIL. BOARDS. COMMISSIONS NONE FISCAL INFORMATION Funds for the purchase of Bioxide will come from 1997/98 budget funds account # 625- 082.0470-8502. i PURCHASr ORDER INFORMATION • Purchase Order 082109 in the amount of $31,731,55, to US Filter/Davis Process, which is a single source for the purchase or Bioxide a chemical for odor problems, which is protected by patent, This purchase order 082109 to US Filter/Daeis Process is for the purchase of • approximately 17,163 gallons orBioxide. This chemical is used in the control of odors at the Hickory Creek Wastewaler line, Bioxide control hydrogen sulfide to eliminate the • • odor problems around the State School area, which had been s problem until last year u hen this chemical was first used. Several other odor controllers were tested and / I VA, xf~ 32x~0 , rs«sra~ , o . t AGENDA rNFORMATION SHEET JANUARY 6, 1998 PAGE 2 OF 2 I r PURCHASE OgnFR INFORMATION (CON'Tl BiOxide was found to be the only successful method. Bioxlde is protected by Patent 44,911,843 and only available from US Filter/Davis Process and therefore exempt from the bid process as outlined in Texas Local Govemment Code Chapter 252, The estimated quantity is an anmtal supply and will be released for shipment as needed by the Water Reclamation Department. I Ii 1 Respectfully submitted: I 1~ L N=0 ,Kathy uBose Title: Assistant City Manager of Finance , Prepared by: s Name: Tom Shaw, C.A,M., 349.1100 • Title: Purchasing Agent Attachment # l: Purchase Order 4 82109 to US Filter/Davis Process Attachment #2; Letter from US FilterrDavis Process to hold pricing the some as last year, 461 A(;F%DA ' 2 25 x 10 32 X I I $%Now PLNTCIJASE ORDER NO; 02109 THIS IS A INS nieiibur muss etgsor a. ep CONFIRMING ORDER invoices, dalroer7 %I-ps, eases. OF MARKED) clns., boxes, 0651100 1111ps &A bills. DO NOT DUPLICATE pay No Bid No Oatr. 12 17 97 Papa No. O1 PINICHASINO DIVISION 1 901 a DTEXAS EN TON, 7~X~STEXAS 76201-4354 9401349-7100 01FW WAD 8171267-0047 FAX 9401349-1302 VENDOR US FILTER/DIMS PROCNSS NAME/ 1126 N BOWIE DELPAAY MUNICIPAL LABORATORY B19 ' ADDRESS ADDRESS NXVIRONNNNTAL SERVICES SE0111X TX 78155 1100 NAYRILL RD M DENTONs TEXAS 76208 VENDOR NO, 1191050000 DELIVERY OWED 12 30 97 FOS DESTINATION 11MR DH TERMS ~-"Nmj 001 1716340 UA VENDOR CAT. 1 N / A NFO ERNE 14850 I1r751.55 CITY 1 17513 DIOXIDE TO TREAT ODOR AT STATE SCHOOL MANHOLE a d t' P 0E TOTAL s 311751.SS 0R ND TOTAL s 31051.55 • 01 675 082 0470 8502 31051.SS 1. A I N A I FK I ~iNM !MI 1. Ns fs$, `11 H iise11 I e I.uDetl" IN INM Iwn .~...s oft" III a u+0 r t i I ry 16 f.J 32 x . I ATTACNHENT M2 LLS.FILTER US FILM10#43 PROCESS 9680 VaVAST ROAD A o. Dolt 29 SARASOTA. FL 34243 tAuE".FL 342)0 TFIEPNONI 041.256•!971 fACSiMRI 041J61175e December 4,1997 Fox (940) 349.7307 Gayla Wright Denton Reclamation Plant 1100 Mayhiil Road Denton, Texas 76208 Dear Gayla: U.S. FillerlDavas Process will hold the price of S1.851gallon for BIOXIDEO firm for an additional year. At present we are feeding 47 gallons per day at $1.85 per gallon to control hydrogen sulfide at the State School manhole. With this continued feed rate the budgetary amount would be $31,750,00 for the control of odors and corrosion in this line, If you need any other information or have any questions please call me at 800-345.3982. Sincerely, U.S. FILTER/DAVIS PROCESS U.S. FILTER DISTRIBUTION GROUP, INC. David Morgan 6 Sales Representative r;~ou1.rt~l,mn i 1 1 { 4, HTTP *%W 61' 00 C:M r- - 2.5><~ 32XIO1 o 0 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF BIOXIDE A CHEMICAL FOR ODOR PROBLEMS WHICH IS A SOLF SOURCE ITEM IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXESIPTINO SUCH PURC14ASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFEC'T'IVE DATE (PURCHASE ORDER M 82109 TO US FILTER/DAVIS PROCESS). I 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 J WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above 11 paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,. SECTION t, That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved, PURCHASE ORDER NUMBER VENDOR AMOUN i $211)9 US FILTER/DAVIS PROCESS SJ1,7S1.SS i SECTION It. 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 j comply with all requirements specified by the Purchasing Department. I~ SECTION Ili. That the City Manager Is hereby autborited to execute any contracts relating to • the items specified in Section I and the expenditure or funds pursuant to sold contracts is hereby authorized. & .41 5 i 2S 3 2 X I O a SECTION IV. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this t1:e day of " .1998 v JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTOttNEY BY: SoU soURCE a i j, W S b 25A0 3z x l a mffiml~ ,s, ApenQa Rb.~ AGENDA INFORIIIATION SHEET Apsnda Item AGENDA DATE: January 6, 1998 Dats_ _ DEPARTMENT: Purchasing ACM: Kathy DuBose, 349.8228 SUBS AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRIPLE GANG FLAIL MOWER AND 102 HORSEPOWER TRACTOR COMBINATION FROM BANE MACHINERY IN THE AMOUNT OF S60,982st PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID # 2141 TRACTOR I TRIPLE GANG FLAIL MOWER). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT 7.10 days after receipt oforder PRIOR ACTIOL4,1REVIEW 1Council. Boards, Commisilonsl NONE FISCAL INFMIAMS This unit will be funded from Motor Pool replacement funds as approved in the bu8got process, account number 720.023.0584.9104. D1I2INrOWMAILU w'e recommend this bid be awarded to the lowest bidder meeting specification-Bane Machinery in the amount of $60,982 with delivery in 7.10 days. This bid Is for the purchase of a male gang !lair mower and a 102 horsepower tractor combination. The mower is capable of mowing a 19 feet wide path per pass. It is hydraulically operated so the mo«ing path can be varied. The unit will be utilized by the Park Maintenance Division for righl-of•way mowing and rot mowing open park areas. • The tower priced unit offered by Dallas Ford New Holland fails to meet the mower r • specification in size, weight capacity on major components. We currently have o unit simular to their offering however, it is used l,rimarily in a lighter duty application. The quicker delivery -chcdule 7.10 days quoted by Barre Machinery vs, the 90130 days r quoted by Dallas Ford New Holland assures us of no delay in the early mowing schedule in early spring. 1 - - - 75 x 10 32x~d I ' I , I i i • i .parrs I ' I AGENDA INFORMATION SHEET JANUARY 6,1998 PAGE 2 OF 2 I I Respectfully submitted. I NameN.Uthf DuBose Title: Assistant City Manager of Finance I Prepared by; Name: Tom Shaw, C,P.M., 349.7100 Tidc: Purchasing Agent Attachment 01: Tabulation Sheet 1 956 AGENDA I I I i 2 25 x 32XI0 •rawr ATTACHMENT 41 i elo r 2111 NAME TRACTOR I GANG MOWER BANE DALLAS ANDERSON FORD DATE 9-0•Mf S QTY >DESC DESCRIPTION VENDOR VENDOR VENDOR 1 I FA TRIPLE GANG FLAIL MOWER 160,062.00 601,665,00 (72,111.00 i MFG I MODEL DID: 7710 1710 TIGER ALAMO TIGER DELIVERY 740 DAYS 00.130 DAYS 00 DAYS rl r s . i { I I r lo~ 3 . 7 X ICJ 32xC1 .i to i i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TRIPLE GANG FLAIL MOWER AND 102 HORSEPOWER TRACTOR + COMBINATION FROM BANE MACHINERY IN THE AMOUNT OF $60,982. PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID # 2141 TRACTOR / TRIPLE GANG FLAIL MOWER). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECT,tON 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items! BID ITEM l+1UNIBES Ao VENDO ASIOUNT 2141 ALL BANE MACHINERY $60,982.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services In accordance with the terms, specifications, standards, quantities and for the specified sums contained In the Bid Invitations, Bid Proposals. and related documents. • SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter Into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative Is hereby authorized to execute the written contract which shall be attached hereto; provided that the / written contract is in accordance with the terms, conditions, spccikations, standards, quantities and 4 - 75 x 10 32xIO Sam. i 1 specified awns contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor In the amount and in accordance with the approved bids or pursuant to a written contract tnade pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED Al%'D APPROVED this day of , 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY } BY: SUPPLY.ORD , i i 5 - 25 K 32X , . a AGENDA INFORMATION SHEET Agenda No. AGENDA DATE. January 6, 1998 Aaanda Item _ Date DEPARTh1ENTt Finance - Purchasing ACM. Kathy DuBose, 349-8228 i SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE AN AGRICULTURE TRACTOR AND FLEXWING MOWER FROM 0 & 0 TRACTOR IN THE AMOUNT OF S40,108. PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING j FOR AN EFFECTIVE DATE (BID # 2143 - AGRICULTURAL TRACTOR AND FLEXWING MOWER). BACKGROUND Tabulation Sheet LSTUIIATED SCHEDULE OF PROJECT 120 days after receipt of order PRIOR ACTION/REVIEW (Coupell.Boards,CWan Ilonsl None FISCAL INFORMATION Funds for this tractor and mower will come from Parks the mower account N 100- 039-0063.9104 and motor pool account 4720.025-0$84-9104. BID INFORMATIOlY r" Recommend award of bid for purchase of an Agriculture Tractor and Flexwing Mower from 0 & 0 Tractor in the total amount of 540,108.00 This bid is for the purchase of an agricultural tractor with a fiexwing mower for use by the Parks department In mowing right of way, large park areas and at the Denton Airport, This tractor and mower Is a replacement for a unit which is being retired and will be sold at auction. 0 Bid N 2143 was opened on December 9, 1997, Bid packages were mailed to sixteen r/" vendors and responses were received from four vendors. The lower bid from 2.immeree Kubota did not meet required specifications for PTO horsepower. The unit was field tested by the Parks Department to verify that the horsepower requirement was important to the units functionality. The tested unit failed to meet mowing requirements. t 2 IS 32 x a raw.. 0 AGENDA INFORMATION SHEET JANUARY 6, 1996 PAGE 2 OF 2 Respectfully submitted: I Name-Katify DuBose Title: Assistant City Manager of Finance Prepared by: Name: Tom Shaw, C, P.M., 349.7100 Title: Purchasing Agent Attachment #1: Bid Tabulation Sheet Attachment #1: Memorandum from Bob Tickner 91SAGENDA . 1 l~ 1 25x0 32X b p. . e t } ATTACHMENT N 1 BID N 2143 it NAME AGRICULTURE TRACTOR AND DALLAS 21MMERER SAGINAW SAGINAW GAO FLEMING MOWER FORD DATE GA~oA1 I N TY D SCRIPTION VENDOR 1 1 EA UNIT DESCRIBED IB A FORD 7740 TRACTOR FOR IDENTIFICATION PURPOSE$ 134,411.00 129,111.00 135,401.00 135,405.00 132,505.00 ONLY. 2 l EA UNIT DESCRIBED IS AN ALAMO- RHINO SKIS MEDIUM DUTY FLEMING MOWER FOR IDENTIFICAMN PURPOSES 17,910.00 11,215.00 17,725.00 11,014.00 11,103.00 ` ONLY 142,417,00 137,455.00 143,u 2.00 144,42040 14,105.00 } DELIVERY 30.120 DAYS 37 DAYS 120 DAYS 120 DAYS 120 OAYS t ~ 3 ' z xC~ 32x1 CITY OF DENT'ON. TEXAS MEMORANDUM T0: Tom Shaw, Purchasing Agent FROM: Robert K Tickner, Superintende Parks and Recreaticn Department DATE: December 17, 1997 SUBJECT: Recommendation on Bid k 2143, Agriculture Tracker And Flexwing Mower We have reviewed the bids on bid 0 2143, We recommend the lowest bfd meeting specifications of 0 & 0 Traclor of Denton, Texas, for a New Holland TS1I0 and a Rhino SRI$ Mower it $40,108.00. Bids were received from three other vendors. A lower bid from Zimmer Kubota for in AGCO"White 6093 Ti actor did not meet the requested speciflcatlon for PTO horsepower, Other bidders were Dallas Ford Tractor and Saginaw Implement. Zimmer Kubota, Denton, Texas $37,436.00 4 0 & G Tractor, Denton, Texas S40,108.00 r" I a Dallas Ford Tractor, Dallas, Texas S42,467.00 • 4 Saginaw Implement, Dallas, Texas 543,132.00 After review of specifications and held testing of the AGCO-White 6085 Tractor, we feel the tractor does not produce the required horsepower specifled• 4 "Drdirar~d m Qnel~n ,fen irt" yx 32x CI i A comparison of each tractor engine is shown below, i New Holland T9110 AGCMWhite 609.1 102 Gross HP 102 HP 87 HP 86 PTO HP 90 HP 60. IS HP 304 Displacement of Engine 304 Cu, In. 244 Cu. In. The difference in horsepower is important to productivity in the ability to keep tractor mowing at a set mowing speed as wcil as prevention of over heating. Over heating can cause equipment damage and down time. This unit will be in our fleet for 10 years or more. It is very important to us to purchase the equipment that will keep pace with our expanding operation. Please contact me if I can provide any additional information at extension 8275. I. i tOM SHAW xECOMMEODAt16NON 6102141 at GEMOdot 5 • 0 ORDINANCE NO. i I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE AN AGRICULTURE TRACTOR AND FLEXWING MOWER FROM U & G TRACTOR IN THE AMOUNT OF $40,108, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 4 2143 - AGRICULTURAL TRACTOR AND FLEXWING MOWER). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown In the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown In the "Sid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such Items; BID ITEM ►NUSIBE$ ML VENDOR AMOUNT 2143 ALI, G & G TRACTOR $40,108.00 ~ r SECTION It. That by the acceptance and approval of the above numbered items of ilia • submitted bids, the City accepts the offer of the persons submitting the bids for such Items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specificatiuns, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items • and of the submitted bids wish to enter into a formal written agreement as a result of the • • acceptance, approval, and awarding of the bids, the City Manager or his designated representative Is hereby autborited to execute the Ivritten contract which shall be attached hereto; provided that the written contract Is In accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 6 a 75 .3 2x 0 $jQZj jy, That by the acceptance and approval of the above numbered items of the w submitted bide, the City Council hereby authorizes the expenditure of funds therefor In the amount and In accordance %ith the approved bide or pursuant to a written contract made pursuant thereto so authorized herein, SECTION-Y. That this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this day of - ,1998, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ay: StlPPLY ORb , i 7 25 x, 32X~~ • I VA0 Agenda Na. Agenda Itatn _ AGENDA INFORMATION SHEET Dale qA_ AGENDA DATEt January 6,1998 ' DEPARTMENT► Engineering & Transpo on DCM t Rick Svehla, 349771 S 6) SUBJECT An ordinance of the City of Denton, Texas prohibiting parking on the south side of East Sycamore Street between Exposition Street and Bradshaw Street, Providing a Savings Clause, Providing a Severability Clause; Providing a penalty not to exceed two hundred dollars; and 1 declaring an effective date, BACKGROUND See letter from Lt. Scott Langford, Police Department. PRIOR A TIO MVI .W Wo eciL Boards. Commlaslnnsl Traffic Safcty Commission recommends approval. See minutes October 6'",1997, FISCAL INFORMATION I Police, Perks and Recreation, and Englneering/Transportasion Departments BID INFORMATION 111 NIA , Atlachcd Respectblly submltttd, 91rtv r, C laIP ~.J~.' lot oetrin g R TramporTatlon i 25'< 32XID f . o Sycamore Street No Parking D" t 2't ? T« Rids evehle, W* CAy Manager cdkFrww Jeny ark Dirsdor of Enplneerkq w Tnnspatation m City Cound AppmW of Ordnance for No PoftV on Sycamore bo~ E*o" and Bradshaw Me request Is Worn the Pole DoWla wA &W dwo to deM wkh an #Wmwr*l problem tW"have on Sycarnom between EvoslW w4 SradO w. In hk memo, Sao! Lanpfad dis usees"the dub oMW Jon Jon's has tome spllover Mects on the neghbAOW Of people pork sacs the sheet to Ild" to ft musk and drink. Thm adWW an oreaWV MW, sane alteraOW, end trash In ft it" arW osmstery. The object of tW aei W*l Is W mm o the W ft from N WA elde, which is the cemetery to make N ftW to perk then. ThIs 1rtrRs ft other aerAm by rd doMrq the WrowArd W slid and makes vdwownent easy because no one Is Mpafly Atwedto park across iha steel. Then ahouW be a sgnMicMA rWurlloA In hoh pickup kx fM paAc oeantary mekWvm crew al hI WNW. Slafl Momvrkrds approval of N no Wft ordnance. Jac J~ 32 X I0 9 magma 1 Jpy~yyr< CJfl OF DENTtON, TEXAS DEPARTMENT OF POLICE To: JerryClark - From: Lt. Scott Langford, Denton Police Department ~ It,1 I VAT Subject: Parking In the SM Block of East sycamore SEP 1 J,~ J L Date, September IS, 1997 As you are aware from our pnwious conversations, there are problems existing associated with parking In the 800 block of )vast Sycunore. At this time, parking is allowed on the south side of sycamore bordering Oakwood Cemetery, Due to the location ofJort Jon's Club at Sycamore and Bradshaw, 4rere ire frequently large crowds In the area. Many people park next to the cemetery and hang out by their cars, Tlds causes frequent problems with trash left on cemetery property. Cemetery property is also being used for illegal activities such as after hours consumption of alcohol and narcollet use, The owners of businesses In the area have requested our help In dealing with this problem. Our request Is to prohibit parking along the cemetery border between 10.00 in, and 7.00 pmi, This perking prohibition Is currently In effect on the other sides of the cemetery. Ideally, we would like a tow-away zone as we believe people may park and leave their can Impeding enforcement efforts. If it low away zone Is not possible, we would still request the w pvking ordinance. As previously stated, we are atterniing to deal with I*uent illegal activitles uxcuutng in this area. By prohibiting parking during the tines requested, we would deprive Individuals of a base to engage In their illegal activities. We would also greatly reduce the littering problem on cemetery property. Please present this to the TriMc Safety Commission at the earnest date possible, Scott A. Langford I rat r, tllr:lcorty rtltrrt rtrtrr r Drrrtok, rrxrtr ri~ Duty Oman 1017) 1"04 rug (011) W»a Para s 26 -K10 3243 • Sop-19-9Y 11s43A Denton Parka and Rate. 940 349 9394 P.01 Cl1' 0f!M M Mae MUNICIPAL SU1i01N0 #?15 E MCKMNEYo 0EN10k TEXAS 7120f (W) 800.8700 0 DPW MEMO 434•2110 XXXORANDUN TO1 tarry Clark Director Transportation and ingineering TRONr Bob Tlokner, superintendent of Parks DAT91 saptamber 190 1997 sUBJECTt No Parking in the $00 block of last sycamore strut The Parks and Recreation Department has reviewed the proposal to eliminate the parking in the 100 block of last sycamore strut next to the Oakwood Cawtary. we find no operational problems with the cemetery as proposed. Please advise if we can provide any additional input. i 01 ld Hodnay# Director Parks and Recreation Dapsrtaant i AM OM M&%*aw v QwNry St"Ief 04" 4 2,5 x 10 32XIC) • b j ' i ,*sr i i 1 1 Item #3: Review and Consider Prohibition of Parking on the South Side of East Sycamore between Exposition and Bradshaw. This request if ftom the Demon Police Deputmem usd hu the approval of the Denton Puke Nputmerd who operate the O*wood Cemetery. P1wse am the attached memos hm Scat Langford end Bob Tickner• The details w covered wail In those nteetos. The City of Dcritrd needs to support their kw erg memem activida io help reduce the potential lb( We activities Working together to mace Demon a utb community for all its residents Is very impottuu for all of us. Staff rwommends approval of the prol6kion of puking for the south We of )vast Sycunore between Exposition end Bradshaw. The owner(Oakwood Cametuy-City of Damon) Is in favor and the police have presented same excellent rwons to remove the puking, Traffic Safety should also recommend to Legal end City Council If they support the Tow Away Zane ! u requested In the memo t}om Scott Langford. , I a i X to 32X 13 o t ¢c 1 t fN NI /N 111 u iN WL NI ~ 1 n~ no Lao O i N) m Nf ❑ MI Q ln~r SYCAHORC w, u 1n C 1n NO PARKING ON SOUTHME V SYC4CPt - UPOSMON TO BRADSMAV I"}~+ r" X11 • fn ~ >t1 N1 L~1 too UI ,l M1 I~i.,f 1H Idl ~J 441 SCALE 1' + 200' 32xl , me1..e 0 Traffic Safety Commission October 6, 1997 Minutes page 7 ITEM la RZV1EW AND CONSIDBR PROHIBITION OF PARKING ON THE SOUTH BIDX'_Of EAST SYCAMORE BE UH EXPOSITION AND BRADEHA , Clark asked commisslonare to look at the map indicating the exact location. This request came from the Police Department is a result of John John's Club at 905 sycamore. lasicaliy, there are quite a few illegal activities goindg on across the st net. Lieutenant Langford has covered It in etail in his letter. Rldens asked, where is this? Clark said it's at the cemetery. Hartsfield said it's behind Austin Baker. Clark said Auto Body is on McXinney. Hartetield said, John Catlanr the owner also wants it no parking. Clark said the Parks end Recreation Department owns all the caaatery property and this has bean approved by Bob Ticknor. it's basically a Few cr,forcement issue and there doesn't stem to be anythln9 positive coming out of it. Bob Ticknor is in favor of the request and says it won't Interfere with the operation of the Cemetery. Bacon asked if there was any reason whY the time is MOO p.m. until 7100 a.m. and not around the clock. Because in the part, if it was no parking the police preferred It be around the clock. Clark said some of It is probably cemetery visitation duringq the day. Luce asked it it should be 7x00 a.m. Clark said that 10100 p.m. to 7100 a.m. is correct. Rldana said they would like to have a tow-away tone, is a tow away tone poaslblal Clark said ha doesn't know of any public tow away goner, It would be up to the commission. Private entitles like UNT doer tow away tones, But, right now the City doesn't have tow away sonar. The Commission c in recommend it and staff will send It to City Council, The petitioner must be concerned that they won't pay their tickets, Sawko asked it there was other businesses in the area. Hartstlold said, Austin Baker. butt they don't utilies any parking right r theta. He personally his experienced this problem and it it's not a tow away gone, people ate going to park tha n r go into the club, and pay ! e parking ticket, it's gsnsrilly A minimal amol+n! er they' 11 throw it away. People generally tssl like the Po~ice Department won't do anything about Lt, 8awko asked it the club had on site parking. Hartatield said yes. Clark agreed. Phillips said you could arrest them. HartafLeld said they try to but people get behind cars. There is just so much you can do, . . 8awko asked it there were businesses on Bradshaw, Clark said only rosldential, Martafiold said they all have driveways into their AEE009Sf ~ taN ~ 10 32A I r o E ' h Traffic Safety Commission October 6, 1991 Minute page homes, No body parks that* except from 10,00 y•m, to 2100 A-21- A lot people, instead of going into the club and paying $100 hang y around outside listening to masicr drinking baser, and smoking marijuana. Aawko said the time requested is 10100 p.m# to 7100 a.m, Clark said that's correct. Sawko asked it businesses had been notified. Clark said the only people to notify is the Parks Department. That's why the letter is enclosed from the Parks Department which Bacon said other businesses would be closed aP revel. recommends ime too. 6 during that tp 3TA11 ARCOMMRNDRDI Approval COKNiSS1oNSM Sawko made a motion to Accept the no parking from 10100 p.m. to 9100 a.m. with provisions for a "Tow Away" mono. Phillips asked it the City would put signs up. Clark skid yes. Sawko asked if a tow away tone would increase the tine. Hartstield said it will cost 169 to got the Car out of the Poll" und, k Sawko ukeS it It is not towed, can they write a rckot that's morel Clark said no. Aidens said it TAC votes to make it a tow away, that's going to force the City to tow them away. Clark said City Council will have to address it. Hartotield said the police are requesting it too. Clark said etch is asking if the ; commission wants to pursue tow Away Bones, staff has brought tow away tones to M before and TSC recommended it. But City I, Council did not implement it. Bacon aid that was different, it on the iquare, This Involved cramll,al setivlty. Sawko said he would rephrase his motion to no parking from 10100 p.m. to 7100 s.m. along the designated area on sycamore ' street t'j include a tow away sons it approved by City Council. Phillips seconded the motion. Mot hn passed unanimously, r ALR00951 ~ ~ 1 } ~ R 25 x 1 3zxl~ Q .man I ORDINANCE NO. . 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE SOUTH SIDE OF EAST SYCAMORE STREET BETWEEN EXPOSITION STREET AND BRADSHAW STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs or mmkings are in place giving notice thereof, no person shall park a vehicle at any time upon the following street in the City of Denton: i The south side of East Sycamore Street bcM een Exposition Street and Bradshaw Street. SECTION 11. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the designated portion of the above named street or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or ofricial traffic control device. SECTION 111. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this I ordinance, shall remain in full force and effect. SECTION 1V. That if any provision of this ordinance or application thereof to any i person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable, SLCTION V Any person adjudged guilty of parking a vehicle in violation of this M ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two lundred Dollars (5200,00). SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of 11491 t JACK MILLER, MAYOR ~ i ~5 x 10 32XI❑ A ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: WoreddonVNut oycommm m PVUMI.Ax i 1 wM M ir,'r . 5,x 10 32xio wr,uea„ AGENDA INFORMATION SHEET Agenda Na. Agenda karn AGENDA DATE: January 6,1998 DEPARTMENT: City Manager's Office CM/DCM/ACM: Ted Benavides, City Manogto SUBJECT - A resolution adopting recommendations of the Dallas Regional Mobility Coalition Executive Committee ("DRMC') Freeway Management Workgroup; requesting DRMC member agencies to establish freeway management and incident removal from major roadways as a priority; encouraging area/regional alliances to affect effective freeway management practic es; expressing appreciation to members of the Workgroup for continued efforts to improve mobility; and providing an effective date. BACKGROUND See Attached Memo ESTIMATED SCHEDULE OF PROJECT (If Applicable) Implementation will start upon passage of the resolution. PRIOR ACTION/itEyIEW (Council. Boards. Commissions) (REQUIRED) N/A FISCAL INFORMATION (REQUIRED) Push-bumpers will be purchased with operating funds by the Police Department. BID INFORMATION (If Applicable) N/A AJAp (IfAppllrable) N/A Respectfully submitted: 1 1 )tick Sve a Deputy City Manager 10 32XIO :rte 0 WD CITY OF DENTON TEXAS 215 E. McKinney, Denton, TX 76201 Tekpbone (940) 719-8307 City Monoaer's Office MEMORANDUM DATE; December 26,1997 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: Resolution Adopting Recommendation from the Dallas Regional Mobility Coalition Attached is a resolution that embodies a number of recommendations from the Dallas Regional Mobility Coalition. This year Denton became a member of the DRMC. The main goal of this organisation is to promote better transportation facilities at less cost. As most of you know, funding for expanded facilities continues to be a problem. In an effort to eliminate as many problems as possible the DRMC has made these recommendations to cities. Staff has rcviewed these with the Transportation/Engineering Department as well as the Police Department and recommends them to you. wre think by trying to keep traffic on our freeway systems moving it will enhance the transportation system and reduce delay within our city, 1 Hould be happy to try and answer any questions you might have. Rick Svchla Deputy City Manager i RS:ct Attachment • • "I~inrln~ra (3nr~ifg Benda" fJt/ 25x~ 32 x11 1 d~ r r RESOLUTION NO. A RESOLUTION ADOPTING RECOMMENDATIONS OF THE DALLAS REGIONAL MO- BILITY COALITION EXECUTIVE COMMITTEE ("DRMC') FREEWAY MANAGEMENT WORKGROUP; REQUESTING DRMC MEMBER AGENCIES TO ESTABLISH FREEWAY MANAGEMENT AND INCIDENT REMOVAL FROM MAJOR ROADWAYS AS A PRIOR- ITY; ENCOURAGING AREA/REGIONAL ALLIANCES TO AFFECT EFFECTIVE FREE- WAY MANAGEMENT PRACTICIES; EXPRESSING APPRECIATION TO MEMBERS OF THE WORKGROUP FOR CONTINUED EFFORTS TO IMPROVE MOBILITY; AND PRO- VIDING AN EFFECTIVE DATE. WHEREAS, the Dallas Regional Mobility Executive Committee ("DRMC") recognizes the vital relationship between mobility and effective transportation management practices for the continued economic viability of the entire area, thus impacting the quality of life for all citizens; and WHEREAS, DRMC acknowledges funding restrictions on providing additional expanded capacity for major roadways in the area coupled with federal air quality conformity requirements require transportation leaden and local governments to address use of existing roadway capacity in a more effective manner; and WHEREAS, DRMC adopted as a part of the annual work plan a focus on freeway man- agement and incident removal from major roadways during peak congestion periods in an effort to address mobility and air quality requirements; and WHEREAS, a Freeway Management Workgroup was established by DRMC to identify issues and potential enhancement to existing practices of agencies involved in the detection, re- sponse, and clearance of incidents from major roadways during peak traffic periods; and WHEREAS, the Workgroup has submitted recommendations to set in motion various projects and programs to address freeway management and incident clearance in the Dallas area; ^ NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION L That the recommendations of the DRMC Freeway Management Work- group, which are attached hereto as Attachment "A" and made a part of this resolution for all purposes, are hereby adopted by the City of Denton for support, additional refinement, and im- plementation as appropriate. SECTION 11. That the City Manager forward copies of this resolution to DRMC to ac- knowledge freeway management as a critical element affecting mobility, supporting implemen- tation of the aforementioned recommendations as a priority for departments and divisions of ar- fected local governments, and encouraging areereglonal alliances to achieve enhanced mobility and congestion relief, and forward copies of this resolution to the Dallas District Engineer for TxDOT, the Dallas Area Rapid Transit Authority (DART), the Regional Transportation Council ` ?5 X 10 32XID j I { 1 (RTC), and the Texas Transportation Institute and participating agencies with an expression of , appreciation for cooperative efforts to develop these recommendations and methods for lmple- mentation. I SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11998. i i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: ' HERBERT L. PROUTY, CITY ATTORNEY BY: r' !A • j , i {i I rfi.,aa,rla.dv DoewraYlwdwlmn6Rr rtpan~nalnlo emu es / i Page 2 ~,.,,r .x10 32 x~d , 0 owes" Attachment "A" DALLAS REGIONAL MOBILITY COALITION FREEWAY MANAGEMENT WORKGROUP hems Considered for Action /Implementation Priority / First Level I, ENHANCED RELATIONSHIP / ENCOURAGEMENT WITH RUSH-HOUR NEWS MEDIA (TRAFFIC REPORTS/HELICOPTERS) TO HAVE PSA'S READY TO GO FOR CERTAIN AREAS ON ALTERNATE ROUTES, 'MOVE-IT' REMINDERS, ETC 2 REFERENCE MARKERS BY TXDOT / TTA / LOCALS TO PROVIDE EXACT LOCATIONS TO ALLOW CELLULAR PHONE REPORTS TO PINPOINT LOCATION, LANES, DIRECTION OF TRAVEL, OF INCIDENTS.-.THUS ENHANCING RESPONSE TTMES OF NEEDED EQUIPMENT / PERSONNEL. 3. UNIFORM POLICY / PROCEDURE FOR LOCAL AGENCIES REGARDING AUTHORITY TO ORDER HEAVY EQUIPMENT TO CLEAR ROADWAYS. 4, CENTRALIZE CONTACT POINT TO TXDOT FROM LOCAL AGENCIES FOR ASSISTANCE REQUESTS, HEAVY EQUIPMENT, ETC. (MAYBE AT NEW SATELLITE CENTER) TXDOT WOULD MAINTAIN INVENTORY AND ACCESS NEAREST REQUIRED EQUIPMENT / PERSONNEL TO ASSIST IN ROADWAY CLEARANCE. S. CLARIFY AND ENCOURAGE UNIFORM DISCRETIONARY POLICY WITH LAW ENFORCEMENT AGENCIES ON USE OF 'PUSH-BUMPERS' TO IMMEDIATELY CLEAR ROADWAY DURING PEAK HOURS OF STALLEDANSABLED VEHICLES TO A PLACE OF SAFETY OFF TRAVELED PORTION OF ROADWAY 6 DEVELOP AND ENCOURAGE ADOPTION OF 'CORRIDOR' CONCEPT FOR TOWING / WRECKER SERVICE..-.THIS WOULD REQUIRE AGREEMENT WIT H ALL AREA CITIES AS TO CONTRACT, RESPONSE TIME, EQUIPMENT, ETC 7 IMPLEMENT, TTIROUGII INSURANCE COMPANIES, AAA, ETC, ENHANCED A AWARLNESS AND CONSTANT REMINDERS (MEDIA, INSURANCE CARDS, PUBLICITY) OF 'MOVE-IT' LAW TO REQUIRE MOTORISTS INVOLVED IN MINOR ACCIDENTS ON FREEWAYS TO IMMEDIATELY MOVE VFIIICLES FROM LANES OF TRAFFIC B ADDRESS ISSUE WITH INVESTIGATIVE AGENCIES FOR ROADWAY INCIDENTS THE BALANCE BETWEEN INVESTIGATIVE EFFORT AND TIME FOR DOCUMENTA7ION OF INCIDENT WITH COST / IMPACT OF Di'J,AYS'CLOSURES DURING PEAK HOURS...-NO ATTEMPT TO SACRIFICE SAFFI Y OF RESPONDERS, RATHER HOW CAN ROADWAY BE CLEARED IN A IIME'I,V FASHION DURING THE MORNING AND EVENING PEAK TRAFFIC PI-A IODS Yrlmry, ni~{'17md . =~.r 25 K IO 32XIO ' o . Second Level -Area to Address I CHANGE IN STATE LAW TO ALLOW 'TICKET BY MAIL' FOR LANE VIOLATIONS AND ALLOW VIDEO ENFORCEMENT CAPABILITY (HOV ISSUE) I 2 ENHANCE INITIAL TRAINING OF LAW ENFORCEMENT / FIRE / EMS PERSONNEL ON PRIORITY TO REDUCE LANE BLOCKAGE AND DECREASE ROADWAY CLEARANCE TIMES FOR INCIDENTS ON MAJOR ROADWAYS DURING PEAK HOURS.-----AGAIN, REEMPHASIZE NO DESIRE TO IMPEDE SAFETY ISSUES FOR RESPONDERS, RATHER HOW CAN INCIDENT BE ADDRESSED AND ROADWAY CLEARED MORE QUICKLY, 3 ADDRESS LIABILITY ISSUES (LEGAL) FOR TIME REQUIRED FOR EMS PERSONNEL TO GET INFORMATION AND COMPLETE PAPERWORK AT SCENE OF INCIDENT.---=IRIS UOULD PROBABLY REQUIRE UNIFORM POLICY FOR EMS RESPONDERS. 4 DEVELOP / IMPLEMENT FOCUSED INCIDENT COMMAND PROCEDURE FOR INCIDENTS ON MAJOR ROADWAYS DURING PEAK HOURS FIND INCENTIVE FOR IN-SERVICE TRAINING / ROLL-CALL TRAINING TO REENFORCE THE DESIRE PRACTICES WITH POLICETI)MEMS. S POTENTIAL TO EXPAND TXDOT COURTESY PATROL EQUIPMENT AND ROADWAY CLEARANCE CAPABILITY (NOT REPLACING /COMPETING WITH WRECKER SERVICE, RATHER IMMEDIATE CLEARANCE OF ROADWAY AND MOVING VEHICLES(IT'EMS TO A PLACE OF SAFETY OFF TRAVEL LANES) 6 UNIFORM POLICY / SEEK WAIVERS FOR HAZ-MAT REQUIREMENTS FOR CERTAIN INCIDENTS DURING PEAK HOURS----BALANCE LIMITED THREAT OF MATERIALS TO COST/IMPACT ON MOTORISTS DURING PEAK HOURS. 7 LOCAL SCHEDULING OF PUBLIC WORKS AND TRAFFIC SIGNAL PERSONNEL TO PROVIDE IMMEDIATE RESPONSE DURING PEAK HOURS FOR EQUIPEMENT, SIGNAL REPAIR, ALTERNATE ROUTING METHODS, • 8 COORDINATE WITH TXDOT MORE EFFICTIVE 18 WHEELER / CARGO CLEARANCE AUTHORITY AND QUICKEST METHOD TO GET ROADWAY REOPENED. v POSSIBILITY / PRACTICAL" OF ONE LAW ENFORCEMENT AGENCY HANDLING INCIDENTS ON 'CORRIDOR' ROADWAYS (LOCAL AGENCY, • COUNTY,57ATE) ~ • • f+,ri,.~r~ow7m>d.i - 25 ~0 32XIO a.ass. • Agenda No. ~Od AGENDA INFORMATION SHEET Agenda Ite Date AGENDA DATE: January6,1998 DEPARTMENT: Planning Department DCM: Rick Svehla, 349-771 f i SUBJECT - Zoning: Hold a public hearing and consider an ordinance to rezone approximately 0.80 acres from the Two Fatuity (2F) zoning district to the Commercial (C) zoning district. The site is located on the north side of Parkway between Carroll Boulevard and Bolivar Street. (Z-97-030) BACKGROUND See Planning and Zoning Commission Report. PRIOR ACTIONIREVIEW (Council. Boards. COMrtli dUd The Planning and Zoning Commission recommended approval of the rezoning request (5-0) at its meeting on December 10, 1997. FISCAL INFORMATION None. j afAP + Attached. RsVirullys mit ~ rave lhS1 Director of Planning and Development i Prepared by: JA d '4 (Z V ~ JU Wayne Cd Planner Pegg 1 zsxo 32xi tl xso. I A77ACHMEW 1 i CITY COUNCIL PLANNING AND ZONING COMMISSION REPORT Subject: Herbert Church Case Number: Z-97.030 It& Wayne Reed, Planner I gig: January 6, 1998 GENERAL INFORMATION Applicant: Larry Hughey 219 Ft. Worth Drive Denton, TX 76201 Owner: Herbert Church 7116 Monterrey Drive Fort Worth, TX 76112 Action: Request change In zoning for 0.80 acres from Two family (2F) zoning district to Commercial (C) zoning district. Location and Size: The 0.80 acre tract is located on the North Side of Parkway between Carroll Boulevard and Bolivar Street. (See Enclosure 2) Surroundin Zonin and Land Use: LQ9AM ZONING (AND U- 8-E North: Two Family Residential neighbod)W (2F) j South: Two Family Peart Street Church of Christ (2F) East: Two Family and Residential structures mixed with small commercial Commercial sites (C)(SUP169j West: Office City of Denton's Chamber of Commerce (0)(SUP071) Denton Development Plan (DDP): Major Activity Center Area #51 SPECIAL INFORMATION • There are some development limitations to this site. First, it will have to be replatted before It can be developed. Second, the southern portion is within the floodway, Third, because the tract Is adjacent to a residential neighborhood, it must maintain ten (10) foot setbacks along the rear and side property tines where K abuts the Two Family (2F) zoning district, Last, K will be required to construct a landscape screening of a minimum of six (6) feet In height along the entire property line abutting residential use. Z•97.00 Pile 2 '5 K10 32XIO e e i ATTACHMENTI BACKGROUND Area was placed In the Two Family (2F) zoning district and use classificetlon by Ordinance 69-01 which adopted the Comprehensive Zoning Ordinance and Map for the City of Denton. + NOTICE Fourteen (14) property owners were notified of the request on November 26,1997. As of this writing, three property owners have returned notification forms in favor and none have voiced opposition. ANALYSIS The table below will provide a summary of the Plan related analysis for this proJed: Denton Development Plan Policy Analysis Summary Urban Center Development Rating vs. Policy POLICY COMMENTS inconsi t teent I Inncoonsi tent Consistent Intercity Unlindted x Land use din caity should W encouraged but Development along partway street ha ban new low denriy houshmg will provide a commerctsl b titan. This proposed land use traneitim to lower an tenei ty j jacal area InA would be compatible with Ae surrounding alw provide transportation balance and energy land uses. cmunation by W Ing housrng In close pm%imity to jobs and aerv kee x Low density rtridenlial area on the Most or Development orate property would be Arse rni activity centers dwuld be iirwttd he b INC fan 111111. dw toudxm pratected by such meaurea a intensity ponion of Ae property Is within dw gradational" site design recluireirri Iloodway, No tiu plan ha been proposed; tramparolion planning and Implementation, rys plat pretest will address traffic lssaea; land use balanct and landscaping further landscaping wIB be required n per 1.M City's trafhc planning should ensure dot no local Landscaping, Screening and Tra rcsidentidatreeuare utilized fair general Preserv at Ion Ordinance. ebeula(ion to the center. x RECOMMENDATION Planning and Zoning Commission recommended approval of the request at hs December 10, 1997, meeting with a fro vote. I ALTERNATIVES 1. Recommend approval as requested. 2. Recommend approval with conditions. 3. Recommend denial 4. Postpone consideration. • ENCLOSURE 1. Vicinity Map. 2, Site Map. 3. Zonfng Map. L47A30 Page i mom 25 x In 32x [I] • o a.,Y ENCLOSURE1 .nBM1lgtl S~ i'i SI = M~.ut , w f s'-y .ou a. It vtr IA > 5 ® ■Na cue. 1C4~~•C.{/yy'r~r~r€jCIY aY[cr Y ~ ~ rrFrw. crr.~t ' :Z,S~C C.L'C~.: (~;•~~~~,~Y so~ wad r p r ¢S~~'" 1rr{y5't.~Q,~f 'l' ~ ` ~ Iwdrwoac r wY R Ir' V I . a ~ I•heu kr.h of i 4 e ~r r' S w r 7 ~ CM ~ q I [[.w X00 ♦r l1~t 1 1 . 3pI ~ ~ [Arl ~ n [ IS rr.,. is •y ■Y { Yr I per' L 177 IN 380 A.} rr IS 380 w r. rrz~l'.wor +~Ygivsel~r tip A9aiii$s .acre„ may tI ■ sAe ic- a ~.r Su .fit Jr. ! l di I{I{ } IMN I R~ 4 y~ r I r.r+.tu.y G J I •4wr.C.1 ` X. ■ .'..^r '1 YMT j~ y yIS ) a1 7i ~~i■ ~T CO, n It r ~7pz, ~.i ul Flo `V.nl yr ib' © ■I YI , ^ TT Y A C ra ■L IIICCC 04 A _ !'S!• w ~ M L dOK /R • ~ 1 0 e ~I !'I ■ v wr! t { ..•.w w j1_.; y 'r Yr1aMT •i ~'A 11LLI0YIT .t r I 5r . gv ~IrT nY . CAY f ■i fw VC 4140411 I i y ilI AAI IYMIYI RIITf"I. .rr C♦ 01 + M r lu ..0. `NaJIlN T/tAI[,~ Ri ♦ ' r Page 4 gar ~Y~ 32x10 0 ENCLOSURE 2 EGA - case noVIX ■ ■ or I " IT-PEAR s ~ Page 5 WWII' 32x Q • o ENCLOSURE3 r. 99 N __.........r rr--1 [ i I f [ 1 .__rrrrrrr_r_r_rrarr ~ Aim HIM - M tr' Page 6 ~Ca 32x Ca 2 S O ATTACHMENT 2 1 (Break taken) 2 MS. SCHERTZI Good evening, again. At this 3 time, we will hear Item Number 120 hold a public 4 hearing and consider rezoning a 1.37 acre tract that 5 includes Lot 4, Block i in the Barbs Addition and Tract 6 2 of the William Neill Survey from Two-Family Zoning 7 District to Commercial Zoning District. The property is 8 located on the north side of Parkway street between 9 Carroll Boulevard and Bolivar Street. And at this time 10 I will open the public hearing and we will hear from Mr. 11 Reed. 12 MR. REEDi Thank you. I'm going to provide 13 a site map and then orient everybodi to the surrounding 14 land uses. Here is the subject property right off of 15 Parkway Street. To the west is the chamber of Commerce. 16 To the south is the Pearl Street Church of Christ. And 17 to the north and east are residential structurea, and on 18 the east, northeast corner are some small commercial N 19 properties. • 20 The request to change the zoning of this 21 property from Two-Family Zoning comes with that, 22 there are some particular issues on this site. First of 23 all, I need to address the total acreage. It came to my 24 attention today that the total acreage is less than 1.37 25 acres and I have a letter that i would like to give to PLANNING AND ZONING MEETING DECEMBER 10, 1997 47 Page 7 ti x 10 3200 0 O r~nm 1 the Commission to clarify that issue. The actual the 2 total acreage for this property is .81 acres. The 1.37 3 acres which is also indicated on the survey plat r 4 includes the acreage from Lot 3. 5 And because the acreage is being reduced, 6 that doesn't affect us holding a public hearing and 7 deciding on this matter today. If we were increasing 8 the acreage, then we would not have been able to hold 9 the public hearing. 10 MS. SCHERTZ: Thank you. 11 MR. REED! This particular request to change 12 the zoning is consistent with the Denton Development 13 Plan. There were 14 public notices mailed. Of those, 14 three were returned in favor, zero in opposition. The 15 map on the screen contains information about the next 16 few points i would like to make. 17 This particular site is contained within 18 both the flood plain and the flood way. This map 1"? 19 illustrates that the entire property is within the flood 20 plain which is the loo year flood area. The flood way, 21 which takes up most of the southern portion of this 22 property prohibits any vertical improvements on this 23 property, but parking could be done within this area. ' 24 So commercial development on this property would be 25 limited to the north portion which would be this area up PLANNING AND ZONING MEETING DECEMBER 10, 1997 46 Page 8 _ 2, 10 32xid ' o I • 1 - I I here. 2 Another restriction, according to the zoning 3 ordinance, would be setbacks along the residential 4 district, which would surralnd it on the north side and 5 the east side. A ten foot setback is required as well 6 as when commercial abuts residential, a six-foot tall 7 screening, landscape screening is required. So that 8 would also be necessary. 9 As far as access on to Parkway Street, there 10 would be one driveway. Are there any questions? 11 Ms. SCHERTZS seeing no questions, thank 12 you. At this time, I would like to ask the petitioner 13 if they would like to address the podium and speak. 14 Please give us your name and address. 15 MR. FRAZIERI I'm Don Frazier with Frazier 16 commercial Real Estate at 600 South Elm Street in e, 17 Denton. I'm representing the applicant, Larry Hughey. 18 Mr. Hughey is the owner and operator of Dadts Toy Shop t 29 on Fort Worth Drive, which is a specialty shop, which 20 specializes in the repair of Toyota and Lexus { 21 automobiles. 22 Mr. Hughey wishes to rezone this piece of 23 property for the purpose of putting in a specialty shop, • 24 which will adhere to the light fabrication and assembly 15 of custom motorcycl6 motors and transmissions. The PLAHNINO AND ZONING MEETING DECEMBER 100 1997 47 Page 9 o , 1 it will not be a repair shop nor a sales shop. It would 2 be solely for the internal fabrication and assembly of 3 just customized motors and transmissions. 4 Mr, Hughey has been active in the Denton 5 area and lived in this area and operated a business here 6 for almost three years and the plans for the particular I 7 site include some minor upgradin4 of an existing metal 8 building which is on the back side of the property. I 9 think it's shown hero. It's this metal building here. 10 Slight upgrade to that building and then some additional 11 space will be added of approximately 2,000 square feet. 12 Are there any questions? 13 MS. SCHERTZt Don, so there won't be any 14 odors or any of that kind of fumes, all that stuff? 15 MR. FRAZIER3 There should not be any I 16 adverse situations resulting, noise, odors, fumes, you 17 know, no repairs, so there shouldn't be any need for gas 18 or oil spills or anything of that nature. f `e 19 MS. SCHERTZI Thank you. 20 MS. GOVRDIES I don't understand. Are they j 21 going to be building the transmissions to put in the 22 motorcycles that they do on a different location? r' 23 MR. FRAZIERI Yes, ma'am. That's my • • 24 understanding is that the minor fabrication of some of 25 the parts will be done here and then the assembly of the PLANNING AND ZONING MEETING DECEMBER 10s 1997 48 Page 10 . 2 5 I transmissions and motors will be done here for use in 2 building motorcycles. But do not believe that the 3 actual, final product is done at this location. r 4 M5. GOURDIEI Will there be external noises, 5 anything loud? b MR. FRAZIERI Everything should be contained 7 within the building. 8 M8. GOURDIEI And my other question is, is 9 the building that you say will be updated, the metal 10 structure in the back, according to that, it's over the 11 ten foot setback, how is that going to be handled? 12 MR. FRAZIER1 My understanding is that since 13 that building is in existence, any renovation to that 14 building takes into account the current value, but I 15 think that deals more with its elevation and flood 16 plain. If you add to this building along the property 17 lines, then you have to get a variance for setback due 18 to the fact that if you add to, say, the this side of 19 the building, no variance would be required because • 20 you're not adding structure to an area that requires a 21 setback. But this building, I assume, would be 22 grandfathered due to the fact that it's already sitting r' 23 there. • • 24 M9. COURDIES How much traffic is this going 25 to produce for this little area? PLANNING AND ZONING MEETING DECEMBER 30, 1997 49 Page I1 25 x ~ ~ 32 X ' o i MR. FRAZIERS None. It will be basically a 2 proprietorship. 3 MS. GOURDIEt The workers that come in to r 4 help to do the assembly will be pretty much the only 5 traffio? 6 MR. FRAZIERS Yes, that's my understanding. 7 MS. GOURDIES Thank you. 8 Ms. SCHERTZs Commissioner Powell. 9 MR. POWELLS Did you may you were going to 10 add some space? 11 MR. FRAZIERt Yes, air. He plans to add 12 approximately about 2,000 feet which will have to be 13 brought up to one and a half feet above flood elevation. 14 It would be about four and a half feet above the 626 15 feet that's shown as the ground elevation there. 16 MR. POWELLt I would assume that it would 11 add some new jobs, too. I'm just assuming he's going to 18 have to hire someone. r<w~~ 19 MR. FRAZIERS I'm not sure. I know that I ~ 20 it's a business that will be run by Mr. Hughey and his 21 brother and I'm not sure how many additional employees i 22 would be required. + 23 MR. POWELLt I'm not going to try to nail 24 him down 25 MR. FRAZIER! It could possibly add some PLANNING AND ZONING MEETING DECEMEER 100 1997 so Page 12 z.y x 10 a;' x I 0 i i • i I j I i 11 I jobs, yes, sir. And that area, I've got to believe is 1 2 kind of left alone, so it would be upgraded with some 3 landscaping and some new building and, obviously, the 4 buffers and the fences. Any other questions? 1 5 MS. SCHERTZI Thank you, Don. ' I 6 MR. FRAZIERI Thank you. 7 MS. SCHERTZI Anyone else to speak in favor? 8 Anyone to speak in favor? Is there any opposition? Any 9 opposition? Yes, ma'am. Would you please address tha 10 podium. I'm sorry. And give us your name and address. 11 MS. HUGHESt My name is Faye Hughes. And I 12 have property at 513 Bolivar. And I would like to know, 13 if they're going to put that in, what we're going to do 14 about a day-care that's on the northeast corner, which 15 takes up a pretty good part of that? 16 our property is next door. We operate a 17 business there. We've put up with a lot of junk, bad 18 fencing. And we've called in and asked the City, you 1'f 19 know, to intercede several times over the past ten 20 years. Nothing has ever been done and I would like to ;I 1 21 know, if they're going to do this, put up a privacy 22 fence or what happens with the day-care center? f. 23 M9. SCHERTZI All right. Thank you. Can 24 you show us is your property on that map where you 25 can point to it? PLANNING AND ZONING MEETING DECEMBER 101 1997 31 Page 13 - 2fi*10 32XI Now . s . 1 MS. HUGHES: Ma'am? 2 MS. SCHERTZ: I don't know if you could look 3 at that, ma'am, and tell us where you're located. 4 MS. HUGHES: Okay. This is the day-care and 5 this is my property. This is not an existing building 6 here. 7 MS. SCHERTZ: Okay. And where is the area 8 that you have called the City regarding the fence and 9 you said you'd called the City asking 10 MS. HUGHESI Weli, it's been a real junked 11 up mess. I've been there 19 years and it's a real mess. 12 We've let the brush grow up so we don't have to look at 13 it. 14 MS. SCHERTZi And where is it a mess? 15 That's what I was trying to figure out. 16 MS. HUGHES: on the back of the property 17 on this property line right here that comes right in the IS back of our property, we could not clear it becaups they 19 had thrown boats, old appliances, and junk in there and . 20 it's never been cleaned up. i i 21 MS. SCHERTZ: All right. So the applicant j 22 has not done this, but this is the condition that's I 1 • 23 existing right now? 24 MS. HUGHE81 That's right. And I would like 25 to, you know, if they're going to put that type of PLANNING AND ZONING MEETING DECEMBER 10, 1997 52 Page 14 K 10 32XID] . • I business in theca, I want to be sure that we either have I, 2 a privacy fence or some assurance that it's not just 3 junked up with a bunch more motorcycle parts and stuff. 4 MS. SCHERTZ: All right, ma'am. We will 5 address that. Thank you for your response. Anyone else 6 to speak in opposition? Anyone else to speak in 7 opposition? At this time I would ask if the petitioner 8 would care to respond to the question. 9 MR. FRAZIER: Mr. Hughey is aware of the 10 condition of the property currently and that's one of it the reasons why we feel it would bo an advantage to the 12 City to allow the zoning change so that Mr. Hughey can 13 get that cleaned up. Obviously, as code, a six-foot 14 buffer or fence has to be constructed along the lines in 15 here and here, so that would provide this lady with a 16 buffer from his property to hers. 17 MS. SCHERT23 Do you know if he intends to 18 put a fence or use landscape? 19 MR. FRAZIER: He intends to put a six-foot • 20 privacy fence. 21 MS. SCHERTZ: All right. And just for the 1 22 record, he plans on cleaning up, then, the debris that's • 23 there existing that she's talking about? • • 24 MR. FRA22ER: Yes, ma'am. 25 MS. SCHERTZ: All right. Thank you for PLANNING AND 2014ING MEETING DECEMBER 10, 1997 51 Page 13 2.5 x is 32 xI0 i sharing that. 2 MS. GOURDIEs one more question, please. 3 I'm just wondering, if the debris is over the line, e 4 would that also come out of Ms. Hughes' back yard if 5 it's accumulated over the property line, which it sounds 6 almost like that it's just kind of piling up over. So 7 what I'm asking is, is Mr. Hughey going to be able to B clean up what was previously left there from the 9 previous owners of the property? Will he be going a 10 little beyond the property line to help Mrs. Hughes out 11 with the mess that's in her back yard? 12 MR. FRAZIERs I have not walked back there 13 to see exactly where the debris lies. I'm sure Mr. 14 Hughey would try to help Ms. Hughes in removal of 15 anything back there while he's removing the other on his 16 property. 17 MS. GOURDIES Thank you. 1S MS. SCHERTES Mr. Sucek. 19 MR. BUCEKs I may need to clarify. The 20 problem he may run into is, that once he gets off his 21 property, even though his heart could be in the right 22 place, he would be trespassing and so we're not going to 23 encourage him to gat off his property. But I think he s> 24 might be able to gat the voluntary agreement of those 25 people to do it. PLANNING AND ZONING MEETINO DECEMBER 100 1997 54 Page 16 1 MR, FRAH ERS Yes, 2 MS. SCHERT2s Okay, Doss that answer your 3 question, Wan? 4 MS. HUGHES1 I think so, 5 MS. SCHERT2s At this time, I will close the 6 publio hearing and ask staff it there's any final 7 remarks? 8 :dR. REED1 No, I think the comment about 9 the ten foot setback and the six foot screen were 30 addressed by the Applicant on his rebuttal. 11 MS. SCHERT2s All right, Thank you. At 12 this time, I would enterta U a motion or discussion. 13 Commissioner Engelbrecht. 14 MR, ENOELBRECHTS Mr. Reed, before you 15 leave 16 MR. REEDS Yes, 17 MR. ENGELBRECHTI Wa noted on the staff 18 report Wit a number of property owners were notified, A~w 19 Did you make a report on that? Did I miss it? 20 MR. REED! Yes, I did make a report on that. 21 1 said 14 notices were sent out and three were returned R 22 in favor and none in opposition. 23 MR, ENOELBRECHTi Okay, go there is no 40 24 change in that what's on the staff report? 25 MR. REEDS I had actually spoken with Ms. ' PLANNING AND 20NINO MEETINO DECEMBER 101 1997 65 Paid 17 - - 2.5 32 X I O t I ~ • i 1 Hughes on the phone before tonight and had informed her 2 of as much information as I had. 3 MR. ENGELBRECHT3 Sure. I understand. 4 Thank you. 5 MS. SCHERT2t If there is no further 6 questions, I would entertain a motion. 7 MR+ ENGELBRECHTf Madam Chairman. this 8 particular request for rezoning, according to the staff 9 analysis is consistent in all areas assessed with the 10 Driton Development plant and, therefore, I would move to 11 recommend approval of 2-97-030 as a .81 acre tract as 12 noted by Mr. Read earlier. 17 MS. SCHERTZi Thank you. Is there a second? 14 MR. MORENOS I'll second. 15 MS. SCHERTZI Thank you. At this time I 16 would ask everyone to cast their votes. The votes have 17 been cast and the motion passes unanimously. 18 19 20 1 21 1 22 23 24 25 PLANN1144 AND tOMIN0 MLLTINO DICNBIR 100 1991 36 Page !9 5 I 32XICI 0 ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO FAMILY (217) ZONING DISTRICT CLASSIFICATION TO COMMERCIAL (C) ZONINO DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.80 ACRES OF LAND LOCATED ON THE NORTH SIDE OF PARKWAY STREET, BETWEEN CARROLL BOULEVARD AND BOLIVAR STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Larry Hughey, on behalf of W. Herbert Church, Initiated it change In zoning for 0.80 acres of land from Two Family (2F) zoning district classification and use designation to Commercial (C) zoning district classification and use designation; and WHEREAS, on December 10, 1997, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the zoning district classification and use designation of the 0.80 acres (Exhibit A) of land known as Lot 4, Block I, of the Barbs Addition and Tract 2, of the William Neill Survey, is changed from Two Family (2F) zoning district classification and use designation to 1 Commercial (C) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II That the City's official zoning map Is amended to show the change in zoning district classification. • SECTION 111. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offensq UCTi~ ON 1V. 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 u !ion of this ordinance to be • published twice In the Denton Record •Chronicle, a daily newspaper pubt,3hed In the City of Denton, • • Texas, within ten (10) days of the date of its passage. I YI~/IQd Awrrorw„6nW'11'INM Page 19 75x10 32JO • PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 410 i PaSa ?0 1 ~...wens.+«ww PAGE 1 X ICS 32xld ,tee c , EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAID LYING AND BEING SITUATED IN THE ROBERT BEAUMONT SURVEY, ABSTRACT No. 31, DENTON COUNTY, TEXAS, AND BEING PART OF LOT 4, BLOCK 1, OF THE BARBS ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME Q, PAGE 136, DCED RECORDS, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF L11M DESCRIBED IN A DEED TO HERBERT S. CHURCH, Jr., RECORDED N VOLUME, 332, PAGE 350, DEED RECORDS, DENTON COUNTY, TEXAS, ANU BEING MORE PAPTICULARLY DESCRIBED AS FOLLOWS: BEGINNTNO AT A FOUND 112 INCH MON ROD AT THE NORTHEAST CORNER OF LOT 4, BLOCK 1, OF SAID ADDITION, AT THE NORTHWEST CORNER OF LOT 1, AND THE SOUTHWEST CORNER OF LOT 2. ALSO BEING THE SOUTHEAST CORNER OF LOT 3, OF SAID ADDITION: THENCE SOUTH 00 DEGREES 421`IINUIES 24 SECONDS WEST WITH THE EAST LINE OF LOT 4 AND THE WEST LINE OF LOT 1, A DISTANCE OF 160.00 FEET TO A FOUND 112 INCH IRON ROD AT THE SOUTHEAST CORNER OF LOT 4, AND THE SOUTHWEST CORNER OF LOT I OF SAID ADDITION, ON THE NORTH LINE OF SAID CHURCH TRACT; THENCE. SOUTH 89 DEGREES 24 MINUTES 58 SECONDS EAST WITH THE NORTH LINE OF SAID CHURCH TRACT, A DISTANCE OF 10.00 FEET TO A FOUND 112 INCH IRUN ROD, THENCE SOUTH 00 DEGREES 42 MINUTES 24 SECONDS WEST, A DISTANCE OF 87.55 FEET TO A FOUND 112 INCH IRON ROD AT THE SOUTHEAST CORNER OF SAID CHURCH TRACT ON THE NORTH RIGHT-OF-WAY OF PARKWAY STREET; THENCE NORTH S9 DEGREES 07 NUNUTES 46 SECONDS WEST WITH THE SOUTH LINE OF SAID CHURCH TRACT AND THE NORTH RIGHT-OF-WAY OF PARKWAY STREET, A DISTANCE OF $6.29 FEET TO A SET 112 INCH MON ROD; THENCE NORTH 80 DEGREES 44 MINUTES 04 SECONDS WEST WITH THE SOUTH LINE Of SAID CHURCH TRACT AND THE NORTH RIGHT-OF-WAY OF PARKWAY ` STREET, A DISTANCE OF 30 57 FEET TO A FOUND 112 NCH IRON ROD, ON THE EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED N VOLUME 297, PAGE 393, DEED RECORDS, DEN1 ON COUNTY, TEXAS; THENCE NORTkI 33 DEGREES 16 MINUTES 36 SECONDS WEST WITH THE NORTH LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 112 23 FEET TO A FOUNI3 112 INCH MON ROD, THENCE NORTH 39 DEGREES 40 MINUTES 14 SECONDS WEST WITH THE NORTH * • LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 39.22 FEET TO A FOUND Pige 21 25.41 I 32XI❑ p sawi. , EXHIBIT A 112 INCH IRON ROD ON THE WEST LINE OF SAID LOT 4, AND THE EAST LINE OF LOT 6, OF SAID BARBS ADDITION; THENCE NORTH 00 DEGREES 34 MINUTES 24 SECONDS EAST, WITH THE WEST LINE OF LOT 4, AND THE EAST LINE OF LOT 6, OF SAID ADDITION, A DISTANCE OF 119.20 FEET TO A FENCE CORNER POST AT THE NORTHWEST CORNER OF LOT 4, AND THE NORTHEAST CORNER OF LOT 6, ALSO BEING THE SOUTHWEST CORNER OF LOT S, AND THE SOUTHEAST CORNER OF LOT 3, OF SAID ADDITION, THENCE EAST WITH THE NORTH LINE OF LOT 4 AND THE SOUTH LINE OF LOT 34 OF SAID BARBS ADDITION, A DISTANCE OF 163,09 FEET TO THE POINT OF BEGIMQINO AND CONTAINTNO IN ALL 0.80 ACRES OF LAND. Ai a Page 22 z A la 32XIO • o ■ 1A;g :l rJ~ EXHIBIT A - BOM - lie 1' PARKWAY PEARL; - • ~ k o r Page 23 32 x • o AGENDA INFORMATION SHEET Agenda No. Agenda Item AGENDA DATE: lanuary 6, 1998 Dale i DEPARTMENTS Planning and Development CM/DCM/ACM: Rick Svehla, Deputy City Manager i I SUBJECT_ Consider adopting a resolution authoridng the Small Area Planning Program; authorizing a Small Area Planning Program for Fry Street and Downtown areas; and providing an effective date BACK ROUN The Small Area Planning Program will provide analysis, recommendations, and implementation guidelines for a specific area of Denton, Through the program, residents, business owners and other stakeholders will formulate land use, transportation, and public improvement recommendations for their specific area. The Small Area planning document or development guide will address areas in greater detail than in the comprehensive plan; however, the document produced for the area will be consistent with the comprehensive plan. The planning document or development guide will cover existing characteristics, trends, issues, and opportunities for tI,- arcs and will provide direction on long-term and short-term planning issues ranging from protection of existing neighborhoods to encouragement of gromh where appropriate. Stafl'will present the planning document or development guide to the City Council for adoption by resolution. I he Small Area Planning Program will be submitted to the City Council each year and will include information on current and previous small area plans, implementation projects and a list of potential areas for consideration and prioritization for the next year. The Program is an interdisciplinary approach to planning and will rely on the cooperation of ell City of Denton departments and other governmental entities. Other departments Including Engineering, Police, Parks and Recreation, Economic Development, Main Street, and Utilities may be requested to participate in developing a small area plan, Staff may also request assistance from UNT,'1'w'U, DISD and'or other governmental entities. • ES11MATFD SC'IIEDLIL.F OF PROJECT I he Planning and Development Department recommends th, establishment of the Small Area Planning Program and the Initiation of small area plan development for the Fry Street and Downtown areas, if approved, the Fry Street project will begin in January 1998, • PRIOR ACTION! Ri':,IFV4 • • the City Council reviewed the program at the November 11, 1991 work session. 1 250-0 32X10 r ~ ,aMewrr , • FISCAL INFOMATION Planning and Development Department stall' positions have been dedicated to the Small Area j Planning section. If the Program is approved, each year a budget recommendation will be prepared to produce the planning document or development guide. RESPECTFULLY SU ITTED: avid 1{ill Director, Planning and Development Prepared by: Cecile Carson Small Area Planning Manager • { r 2 7 x 10 32XIO Irk 0 n ilOl~i RESOLUTION NO. A RESOLUTION AUTHORIZING A SMALL AREA PLANNING PROGRAM' AUTHORIZING PLANN A S PROVIDING AN EFFECTIVE D~ FOR FRY STREET AND DOWNTOWN AREAS; AND WHEREAS the City of Denton is formulating anew comprehensive plan lobe adopted by the City Council; and WHEREAS, the Small Area Pla Program will address specific areas in greater detail than In the comprehensive plan by prov ding additional analysis, recommendations, and implementation guidelines for specific areas in Denton and the extraterritorial jurisdiction; and WHEREAS, residents, business owners and other stakeholders in the specific area will assist In developing land use, transportation, and public Improvements needs for their area; and WHEREAS a small area planning document or development guide will be created for each area to proviie direction on long-term and short-term tanning issues for the specific area while demonstrating consistency with the comprehensive plan; and WHEREAS, the Small Area Planning Program is an interdisciplinary approach to planning relying on and requiring the cooperation of all City of Denton departments and other governmental entities and the approval of the Denton City Council; AM WHEREAS, annually the Planraii and Development Department will submit to the City inf and smaallciareae plans[, Athea sta of implementation IpT jectts, and list of potential a%ul for consideration ani prioritization for the next year; and WHEREAS, the planning deparuttent recommends that small area plans be developed for the Fry Street and Downtown areas; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the Denton City Council adopts the Small Area Planning Program and authorizes~~iite [nulation of small area plans for the Fry Street and Downtown areas, r $ectlon IL That this resolution shall become effective Immediately upon its passage and approval. PASSED AND APPROVED on this the day of 1S9g• JACK MILMAYOR ATTEST; JENNIFER WALTERS. CITY SECRETARY By: a I%haredVMucWMirndl Ai to pion doc 3 MD 75x ❑ 32XIO aewr , I t.n..r APPROVED AS TO LEGAL FORM: HERBERT L, /PROUTYY, CITY ATTORNEY By, a 3200 26 0 O I SMALL AREA PLANNING PROGRAM OVERVIEW PURPOSE The small area planning process provides analysis, recommendations, and implementation guidelines for a specific area of Denton. Small area planning documents will address areas in greater detail than the comprehensive plan. Through a review process with residents, business owners and other stakeholders In the specific area, recommendations on future land use, transportation, and public Improvements will be formulated. A small area planning document will be produced covering existing characteristics, trends, issues. and opportunities for the area. The small area planning process Is an interdisciplinary approach to planning and will rely on the cooperation of all City of Denton departments and other governmental entities. The planning document produced for the area will be adopted by City Council resolution and will provide direction on long- term and short-term planning issues ranging from protection of existing neighborhoods to encouragement of growth where appropriate. IS]IERE TO PLAN Annually. the Planning Department will submit a list of potential small area planning sites to the City Council. It is not the intent of the program to divide the city into target areas and prepare plans for those targeted areas. A small area plan may be for a neighborhood, a business district, a corridor, or a new public facility site, Requests for small area planning may come from many sources Including City Council, the Planning vd Zoning Commisaion, the Development Policy Committee, and citizens. The City Council will prioritize the small area plan sites In a framework similar to the Capital Improvement Program which covers several years. The City Council will have an opportunity to modify the site priority list from year to year. Staff will provide the City Council with an annual report on the status of the small area planning process. Criteria for the selection of small area planning sites will be flexible to address both developed and undeveloped areas, The criteria may include any of the following; An area with special issues such as traffic, noise, pollution, code violations An area with special hlstoricai character, architectural features, or natural resources An area with regulatory issues where amending city wide ordinances are not needed ! An area with substantial growth An area in decline or In need of revitalization, rehabilitation or In-fill development ' s An area of the city where a specific type of development I! encouraged a A large area with specific infrastructure needs s An area where several city departments will be involved ! • I ` The small area planning process may also be used when city consavction projects are proposed. If it 0 project involves several neighborhoods, or a business area and a nelgltborltood, or several governmental entities, a small area plan Is encouraged. In these cases, the City Y ill review the immediate need of a project to determine i'the planning process will negatively impact cur ability to complete the project. / t 5 32XIO r` 0 ANALYSIS OF AN AREA After the City Council has selected small area plan sites, the City Manager's Office will appoint a staff team to facilitate the planning process, The team may include representatives from Planning, Engir Gering, Economic Development, Utilities, Parks, and Police. Representatives from other entities such as the Denton Independent School District, Texas Woman's University and the University of North Texas maybe asked to participate on a team, Team members will be determined based on the specific area Issues to be addressed. The Small Area Planning section will facilitate the planning process and lk responsible for the plan or guide publication. The analysts process will Include collecting data, analyzing population trends, reviewing the zoning and building permit history, and exploring the natural and developed features of the area. Environmental considerations such as floodplains, soils, and aesthetic factors will be reviewed. An analysis of commercial needs and employment opportunities will be prepared. Information on public facilities including roads, parks, utilities and schools will be presented. STAKEHOLDER INVOLVEMENTIPARTICIPATION The small area planning process is an excellent way for citizens to become actively involved In municipal government and the future of the community. A series of study sessions will be held in each area to review the analysis prepared by the staff and for citizens, landowners, business operators, civic organization and other associated with the area to provide direction on area issues. A questionnaire will be distributed at these meetings to obtain more Informatlon from citizens. Citizens have the best understanding of the strengths and weaknesses of their neighborhood. The small area planning process provides citizens with an opportunity to present these facts to the City Council, Planning and 7oning Commission, and other appointed boards and commissions. As a result of the development of small area plans, the public will have an oppc rtunity to become better educated about i the planning process. The small area planning process will involve citizens from the earliest stages, An outreach strategy will be developed for each area. Staff will request time on the agenda of existing groups such as neighborhood organizations, PTA or school groups, business associations, and/or civic organizations to discuss the planning process. Other strategies to involve and inform citizens may include. 1 Door-to-door flyers 1 Noticci to neighborhood organizations and businesses Program on local access channel 4 Use of community bulletin board 4 Announcements to PTA and schools 4 Signs announcing meeting 4 Notice on utility bills REVIEW AND ADOPTION • • The staff team will develop a conceptual small area planning document for review by the Planning Department, other city departments, and interested public officials. A presentation wilt be made to the public with an opportunity for public response. Staff will provide the City Council with progress reports outlininh, the pteilminary analysis, citizens' Involvement, and schedule for completion, based 5 25x10 32X 0 on the review, the small area planning document will be revised or forwarded to the City Council for adoption by resolution. After the adoption, staff will present options for the specific implementation tools outlined in the small area planning document such as ordinances, funding, or regulations. No ordinance will be amended as the result of adopting a small area planning document; however, ordinance amendments may be presented separately to the Planning and Zoning Commission and City Council. The small area planning document will provide a framework for decision makers to use In making decisions and to guide the case-by-case development of the area. ACTION STEPS ► Develop maps of potential sites with preliminary boundaries Prepare written analysis of why each area is a candidate for the small area planning process ► Present potential sites to Planning and Zoning Commission and City Council ► Develop team for areas selected by City Council ► Prepare and provide team training ► Prepare a preliminary overview based on staff analysis of existing conditions, forecast projections, and area history ► Present preliminary Information to citizens aod stakeholders and confirm boundaries Request information from citizens and stakeholders on area needs and opportunities Prepare a preliminary document based on the issues Identified and the data collected ► Present small area planning document for public comment Review comments and amend the document to address comments, as needed ► Submit the Jocument to Planning and Zoning Commission for advisory recommendation submit the da,.ument to the City Council for adoption by resolution Publish completed the small area planning document for the area 0 Implement the recommendations 6 Provide annual revlety of implementation to City Council 0 PRODUCTS OF SMALL AREA PLANNING A skvument will be produced for each small area plan site. The contents of each document will vary depending on the specific needs and characteristics of the area. The document may be considered a guide or a plan depending on the content and recommendations for the area. The contents of each document will vary depending on the specific needs and characteristics of the area. H no amendment • to the Comprehensive Plan is recommended and no changes to ordinances are proposed, the final r document will be considered a guide. However, if amendments are recommended the document will referred to as a plan. This flexibility will help to clarify the planning process for each area. 7 10 32XIO GUIDE Each guide will include the following sections: Introduction; Citizen Participation Process, Area Plan Boundaries and Overview; Existing Conditions and Trends; and Issue Identification and Definition. The document may also include attachments within an appendix, A copy of the City Council approval resolution will be attached. r Introductlo!s The basic information will be the same in each document. The section will include an overview of why the planning review is being done, The purpose of small area planning will be reviewed, and the connection between to the Development Plan and Comprehensive Plan will be explained, A section on "Flow to use the Document" will also be included in the Introduction, The section will enable a reader to see the connection between the small area document and other planning documents. ' i Cttlan PasticWation Review The citizens participation process will be described and outlined. The methods used to involve citizens In the process will be described. Area Boundaries and Overvlew one map showing the location within the City and a second map showing the specific boundaries of the area will be in this section. A description of the area Including streets and other landmarks will be provided In this section. B611na Condidonr and Trends General demographic Information will be Included to give the reader a picture of the planning area. Historical information will be outlined Including the age of development and noteworthy activities In the area, Recent land use cases will be listed as background Information. Infrastructure and public facilities will be described, Projections of economic and population trends will be presented, The area will he reviewed in comparison with the Comprehensive Plan and the Development Plan, Information will be presented In both written and graphic forms, dA loge Identlflca0"i And P niltion • The issue(s) Identified by the stakeholders will be outlined in this section. Both real and perceived Issue(s) will be addressed. Survey results will be included. Issues will vary depending on the area, but may Include housing, density, land use diversity, traffic congestions, aesthetics, utility Infrastructure, new development, drainage, or area decline, Each topic will be addressed separately. dDDSrtdls ~ ~ • Sumt)%, reports, and details of specific cases may be Included. Information will vary depending on the small planning area site. e - x 10 32XIO • to r3ea9.l~tks~ A copy of the resolution adopting the small area plan/guide will be a part of the document. PLAN The plan will include all of the sections contained In the Guide. The Plan will include a section on planning recommendations and may Include specific site studies. This section will address the specific policies and Implementation tools recommended for the area. The section will address any conflicts between the recommendations and existing policies and ordinances. The section may also Include Information on stakeholder Involvement in accomplishing the tasks Identified. Site Studies if specific projects are identified, a section addressing these smaller areas within the area will be added. The section may Include projects that will be accomplished without affecting the entire area covered by the study or undeveloped property that will be key to the planning of the area. POTENTIAL AREAS Small area plans are Intend to address or resolve questions that could be answered in the Comprehensive Plan. Therefore, areas that might ultimately be addressed In the comprehensive plan should not be undertaken white the comprehensive plan Is being prepared. The Pry Street/Ave A area and the Downtown area have unique planning characteristics that warrant consideration as potential sites. The proposed development in the Sherman Dr. and Loop 288 area also merits consideration because of the Immediacy and nature of development In the area. a 9 - 75Y10 32XIO o Agenda No. Agenda Ite/m/_ Date...._l:0-- AGENDA INFORMATION SHEET AGENDA DATE: January 6, 1996 DEPARTMENT: Economic Development Department CM: Ted Benavides, City Manage SUBJECT: Receive a report, hold a discussion and give staff direction regarding reinstating the Tax Abatement Policy. BACKGROUND: Cities are required under State code to reinstate their tax abatement policies by tesoluton every two years. Our tax abatement policy expired in 1996. At that time, the Joint Tax Abatement Policy was considering drafting an amendment to the policy to address special consideration for companies that fall within the Fantus target industries list and those projects that would promote Vision initiatives. The Committee also reviewed abatement application guidelines of other cities. The process was halted when the State Legislature began their 1997 session. Several tax abatement bills were proposed that could have a direct impact on abatement policies. The Committee decided to wait until the Legislature ended their session so that all new legislation could be considered. As you know, no tax abatement bills were passed. ESTIMATED SCHEDULE OF PROJECT: All that Is required to reinstate our Tax Abatement Policy Is for the City Council to adopt a resolution that reinstates the policy for an additional two years. If this is the City C'ouncil's desire, staff will return at a future City Council meeting with the appropriate resolution. PRIOR ACTION/REVIEW: The Joint Tax Abatement Committee recommends that the existing Tax Abatement Policy be reinstated. Ile Committee is currently reviewing four tax abatement applications that were submitted under the existing policy guidelines. The Committee • recommends that future applications be considered under an amended policy to be draped by the Committee and presented to the City Council and Denton Independent School ill t/ District for approval -1- - - 7', . I Gl 32 x I ❑ e 1 FISCAL INFORMATION: None Respectfully submitted, Linda Ratliff, Director Economic Development ~II 1 1 .2_ t ?F~ Kin 32x(O o in • i DENTON POLICY FOR TAX ABATEMENT 1. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City), the Denton Independent School District {DIED} sad Denton County are committed to the promotion of high quality development In all parts of the city and to an ongoing improvement in the quality of life for its citizens. tasofar as these objectives are pnerslly carved by the anhanomiant and expansion of the local economy, the City of Denton, DIED, and Denton County, wW on a asse-by-oaw baslas give consideration to providing tax abatement as a stimulWon for economkdevelopmenl In Denton. It is the policy of the City and DISD that W4 0,00dderatwo will be provided in accordance with the procedures and criteria outlined WtWs document. Nothlag herein shall Imply or suggest that the City, DISD or Denton County are under any obllgatlon to provide tax abatement to any applicant. All appliants ebaB be considered { on a case-by-caw balls. Tax inducements, as described In this polloy, will be oonsidered for new, expaahiag and modernizing basic Industries, cc vote offlce heeds yUL distribution cents II. CRITERIA Any request for a tax abatement shall be reviewed by the Joint Commlttw on Tax Abatement, Bald Committee being comprised of two elected officials from each of the 'K y taxing entitled Involved. One additional staff person from each jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the committee. The Joint Committee on Tax Abatement serves w a recommending body to the taxing entitles regarding whether economic development Incentives should be offered In each • Individual case. Their recommendation shall be hued upon an evaluation of the following criteria which each applicant will be requested to address In narrative formate J x10 32x10 0 History and Philosophy of the firm: a) Nature of products and geographic penetration. b) Financial statements for put five years or life of firm whichever is shorter. c) Chronology of plant opeain;s, closiap, 6 rslardons over put 16 years. d) Record of mergers and financial restructuring during bat flue years, e) Record of employment and training provided for handicapped and chronically unemployed. Z. Project 9peciflations: a) Provide plat of project Including all roadways, land use and toning within $00 feet of site. Leal description of site is required. b) is the project a relocation or new facility to expand operations. If rshcation, give Current location. c) Protect investment in real and persooai property at the above site for each of the next ten years, d) Project Permanent employment for am ten yearn reau)ting from the new Investment. Indicate number of jobs that will be f1Wd by b from outside the matroplex. Include estimated avat annual aaiary on new Jobs. e) Wbat Is the total current payroll and the projected payroll wben project is "plated, Describe employment tralaing uirauents Including pprbvialona for training handicapped and chronically unemployed if applleable. C) Project utility (pa, electricity, water, ato.) usage for each of next ten years. * hi Estimate the Infrastructure (etreats, sewer, water, co.) requirements necessary to operate the now fadlity. 1) Estimate the annual operating budget for next ten years. J) will the occupants of the project be owner or bae"O If lessees, are occupancy coomitoantl already existingt k) Give the namt., address, and telephone number of contact person. 3. The community Impact of the project: a) Project the value of real and personsi property that will be added to the tax rolls. 32XIO Amps" I I n b) Using current rates eatimate the additional taxes that will be directly generated by the project without considering any proposed abatement for each of the affected taxing entities for each of the next ten years, c) Far each taxing entity Indicate the amount of tax abatement requested for each of next ten years. d) Estimate the Increw In investment In other local businessee resulting from the project for the next ten years. e) Estimate the increased housing needs In the area resulting from the project for ten years. l) Estimate the increase In the tax rolls for sub taxing entity for the next ten years, g) of the growt [reftang indirectly from the project. beauas h) Provide the specific detail of any busloasese/reeldsou that will be displaced and assistance that will be avellable from the requesting entity. { i} pro~t Incthe luding them lu tipstudents by lier effect (Indirect: glevel rowth) fors the nefrom xt the years. Show the Increase for wh impacted school district. j) Provide description of any historloally signlftaant area included within the pro*11s area. If any, give detail f how the historically significant: t area will be preserved. k} Provide information of any detrlmeoW affect on existing businesses, recreational are", and residential area. t) Provide details of any benefit to an arse of the community targeted for revs tails t ion l redevelopment . III. VALUE OF SNCIN IVES The criteria outlined in Section it will be used by the Joint Committee on Tax Abatement in determining whether or not It Is in the beat Interests of the affected taxing entities to recommend that tax abatement be offered to a particular faeiltty. Specific i considerations will Include the degree to which the Individual project furthers the gals and objectives of the community, as well is the relative *Wt of the project. New, expanding and rodernliing businesses will be eligible for abatement if the minimum threshold, as described below, is met, 3- 25 x 10 32XIO I I ~ Once a aCermination has been made that a tc jbatement should be offered, the value and term of the abatement ail! be determined by referencing the following table: TABLE l: Establishes maximum length of abatement according to useaaed real property value of improvements and personal property. r MAXIMUM MAXIMUM VALUE OF YEARS OF AND PERSONALSTRUCTURE ABATEMENT F PROPERTY ABATEMENT PERC 100 t0 4931 S1 so 9 451 SO f ~b 35 40 is 4 i0 S 45~ S 4 It an exlstiog business to located within the bouadarles of the participating jurisdictions and deeldea to expand or relocate within such bouadarlea, the actual value of the structure shall be multiplied by 123b prior to utillsing Table 1. It the expanding or relocating business is abandoning any property or Improvements within the jurisdictions, the value of this abandoned property shall be subtracted from the new value figure prior to multiplying the value by 145%. The tax abatement shall not apply to soy portion of the load value of the project. Applicants agreeing to extend infrastructure ieprovemsato (strate and utilities) p, to improve other iadustrW liter which an be marketed by the Chamber of Commorce Economic Development Director may be ellgible for a greater tax benefit than those described above by utillag tax Increment financing procedures. The offering of such an inducement will be evaluated on a case•byosae basis dependent upon the applicant's ablilty to make a-WIsibte improved Industrial sitae. K ra 32 X 6 I Preumi"M Analloallon tI IV. PIt&KDU2AL GUIDELINES Any person, organization or corporation desiring that the City or DISD comider providing tax abatement to encourage toostion or expansion of facilldn within the Omits of the jurisdictions shall be raquln+d to comply with the foi!owing procedural gWdeUoee. Nothing within these guldellnea shall Imply or suggest that either the City, or DIED, Is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abstemsot." B. AppUant shall address all criteria outlined in Section It above in narrative form. C. Applicant shall prepare a map showing the predee location of the property and all roadways within $00 feet of the site. D. If the property Is described by mstee and bounds, a omplate legal deecription shall be provided. It. Applicant shall complete all forms and lnforsistlon detailed In Item A through D above and submit them to the City Manager, City of Denton, 713 E. McKinney, Denton, TX 76201. ADDlicatba &*vim Bum F. AU information in the appLcation package detailed above will be reviewed for completeness and accuracy. Additional laformatlon may be requested as needed. 0. The application will be distributed to the appropriate City and DISD i departments for Internal rev.sv and comments. Additional Information may • be requested as needed. r H. Copies of the complete application package and staff comments will be provided to the Joint Comatittee on Tax Abatement. - - K Its 32XILl +NSOS o Cow"tration of the Aoelication t. The Joint Committee on Tax Abatement will consider the application at a m'legular or called meeting(s). Additional lnforatation tray be requested as needed. J. The recommendation of the Joint committee on Tax Abatement wW be forwarded, with all relevant materials; to the cbief administrative office of each taxing entity. X . The City Council of Denton may consider a resolution oaWas a public hearing to consider establishment of a tax reinvestseat tone. L. The City Council of Denton may hold the public baring and determine whether the project Is "feeslble and practical and would be of beneflt to the land to be included In the zone and municipality." SpecW consideration shall be given to policies noted In the Denton Development Plan when designating a tax reinvestment zone. { M, The City Council of Denton may consider adoption of an ord' unce designating the area described In the legal description of the proposed project as a commsroiallindustrW tax abateseent sons, N. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the comeitswets of the applicant. -74 Should the commitments subsequently not be atlefiedl the tax abatement shall be null and void, and all abated taxes snail be paid lamw0ately to the city of Denton and all other taxing jurisdictions participating In the tax abatement agreement. Provisions to this effect shallbe lneorporsted into the agreement. 0. The governing bodies of the various taxing entities may consider ratification ` • of and participation In the tax abatement agreement between the City of Denton and the applicant, 1 I 2 sxlo 32x10 t/ I ;.awsca ' _MAW" Any tax abatement agreement will address various Issues, Including, but not limited to, the foliowingi I. General description of the projsetI 2. Amount of the tax abatement sad percent of value to be abated each year; 3. Method of calculating the value of the abMsesonti 4. Duration of the abatement, including commencement date and termination date; S. Ggal description of the property; S. Kind, number, location said timetable of plamnd improvementsI 1. Specific terms and oonditions to be at by appliantI S. The proposed use of the featy and nature of roastructlonl 9. Contractual obligations in the event of default, violation of tome or conditions, delinquent taxee, recapture, administration and seelgroeat. I ( Upon completion of 0onstruo1on, the JOAt ttse on 'Cart Abatomal shall aanuaUy evaluate oath faeWty recalvtng abate mot to lasure aompllanoe with the agtwment and report possible violations of the agreement to the taxing entities. Trawer or Asaimo~.S A contract for tut abatement may be trataffrred or assigned by the original . applicant to & new owner upon the approval of the various taxing jurisdictions after such a recommendation Is made by the Joint Commlttos on Tax Abateownt. r I, Us 9 - - In 3200 ~~x 0 APPENDIX A Defloitiona R A. eAbstemeot" means the full or partial exemption for ad valorem tutee of eligible properties In a reinvestment sone designated as such for eooaoedc development purposes. e. "Aguemeot" means a contractual agreement between a property owner and a taxing jurisdiction for the purpose of tax abatement. C. "Bask iadustrisse are defined In the Denton, Devebpmenl Plan sa thaw which produce Toods or "Moss at least 51% of which am directed to serve Wple outside of the City of Denton and are listed to the standard IndustrW Classification (SIC) of the Department of Commas, except for groups 59.30 under retail trade, ( D. "=xpan"O manna the addition of building, structures, fixed taukinary, or equipment for the purpose of increasing produedoa capacity. E. oracwtye means property improvements completed or to the process of construction which together comprise an integral wbole. F ; "blot Committee on Tat Abati meatO Is a group of repwaentative@ from Denture County, the City of Denton, and the Denton Independent School District formed to study and evaluate any rroposal regarding the offering of tax abatements within the community. The Committee will consist of two elected representatives from each governmental entity and one staff member from each entity. The staff members shalt serve as tnonvoting, sx officio members, a Noderoisatiene means the rep'tcament and upgrading of existing facilities which increases the productive Input or output, updates the technology, or substantially lowers the unit court of operation, and extends the dectiodile U'.'$ of the faclUty, Modernisation may result from the construction, alteration, ar ~Q ?5KI❑ 32J O 0 hutulation of buildf,ij:a, structures, fixed mechiaory, or equipment. It eluW not be for the purpoa of roconditioning, refurbishing, repairing, or completion of deferred mdatenanoe. K. $New twNty' owns a property previously undeveloped which Is placed Into servioe by mwaa other tbaa expenelon or moderdwtlo t. I. 'Adamimal tarn' is an am deslgaated es such for the purpose of tart abatemeat as authorized by subabaptxr It Mudoipal Tax Abstsmest, Title t, Loom Taxation, Vernon's Texas Codes Anootatod. "'ilex laoremsat [bandage is the use of saw or W of hwowed property tax rovesue resulthtg from the redavelopmsat of an AM to Renew dovelodwat•rdaled awts Is that dietrkt. Tax is ,vowat flsandag divides .a tax revenue hom the uw faro two ostegarlw. Tam en the predavelopment value of the tax base (the tax lnarement bawl are bapt by aaoh taring body, while same or all d the taxes from the hmmued "do of property remelting from redewlopmsal (the tax Iaoremest) are dapoaited by a.oh }urlodictloo in a tax Iacrement tuhd. Mosey In the tax inane nt fund is used to repay Tir-backed boo& that are issued to fiaaaoe publk Improremesu is the rodwelopmeot Am. 25 C~ 32x 0 ' r 1 1 APPLICATION FOR TAX ADAT&Mff I 1. Property Owner Melling Addma Telephone Number 7. Property Owner'e Aepre"n(stire Als"Im Address Telephone Number , - 7, Property Address property Lepl Description (provide attachmanta If by noted and bounds) - 4. Located withinI City of Denton - - D.Ll. D ( Denton County 6. Description of Proieotl - . 6, Date pro*tod for occupancy of pro)ectJinlUation of epetatioaes 1. Nsrntire response to criteria questiooe in section II attached, yes No Commentai TAAPLI - 2'~x10 32XIO o Agenda No Agenda Item bate AGENDA INFORMATION SHEET AGENDA DATE. January 6,1993 DEPARTMENT; Economic Development Department CM: Ted Benavides, City Manager* SUBJECT; Receive a report, hold a discussion and give sl0direction regarding establishing a reinvestment zone for tax abatement purposes. BACKGROUND; A reinvestment zone defines the physical boundaries where tax abatement Is permitted. The City of Denton established two reinvestment zones in conjunction with the establishment of our Enterprise Zones in 1990. Enterprise Zones have a seven-year term, and the City's two zo,res expired in September 1997. Since the reinvestment zones were established with the Enterprise zones, they too expired In September, In order for projects to be eligible for tat abatement, they must be located in a reinvestment zone. Many cities approach this process by designating vacant Industrial tracts as reinvestment zones. Other cities establish separate reinvestment zones for each speciAc tax abatement agreement, LS CINIATED SCI IEDULE OF PROJECT: The establishment of a relnvestment zone requires that we post a public notice and notify the other taxing jurisdictions of our intent. A public hearing is required after the notice has been published for seven days. The City Council would then be asked to adopt an ' ordinance defining the boundaries of the reinvestment zone. The reinvestment zone would have a life of five years. PRIOR ACy"IONM:VIIIWt the Joint Tax Abatement Committee recommends establishment of a reinvestment zone so that the City Council may consider future tat abatement applications. Start recommends that the City Council consider establishing reinvestment zones on a casaby. • case basis, at least until a time when an amended tax abatement policy Is presented for ' • approval, if the Joint Tat Abatement Committee recommends that a larger area of ' Industrial sites be included In a reinvestment zone, staff will present the proposed reinvestment zone boundaries at that time, ~l- 7C.n- 32X u FISCAL INFORMATION: None Respectfully submitted, k,-,; ) , A 'Linda Uirector~ Economic Development i 40 .7. 25 x10 32 x I ❑ • 0 Agenda No _7JG=c~~~. F Agenda Item-/ AGENDA INFORMATION SHEET AGENDA DATE: January 6,1998 DEPARTMENT, Economic Development Department CM: Ted Benavidcs, City Manager SUBJECT: Receive a report, hold discussion and give staff direction regarding a tax abatement agreement between the City of Denton and United Copper Industries/Pramrneli Crow i Company. w BACKGROUND United Copper Industries Is interested in locating their 420,000 square fool manufacturing facility on a 90-acre industrial tract at U.S, Hwy 390 and Gtesting Road, The Mexican-owned copper company produces copper wiring, fittings, and pipe. no new facility will be the company's United States headquarters for distribution of their products to the contiguous 48 states. Trammell Crow first contacted Ken Burdick in May of this year regarding this project. United Copper has been working with Trammell Crow and Carter do Burgess to ; determine the best site for the new plant. Denton, Sherman and Ardmore are the final cities being considered, The Denton site has an advantage over the other silts in its proximity to 1.35 and the DPW Airport, In addition, the general manager has indicated he prefets to live in our community. However, the competing cities have offered very attractive financial Incentives. Also, the Denton slit requires infrastructure Improvements where the Sherman site Is ready for development. The project will qualify for avatar/wastewater line extension under the Utility Infrastructure Policy, In addition, n staff Is researching the possibility of improvements to Oeesling Road as a joint project . between the City and Denton County. Trammell Crow and/or the company also plan to develop the remainder of the 90 acres Into an Industrial park. They have not yet determined whether Trammell Crow will assume the role of developer and build speculative buildings or whether the company will locate other Mexican copper-related businesses adjacent to their new facility. In either case, the location of the copper manufacturing facility as the anchor tenant is essential to • future development on this tract. A copy of the building rendering Is provided in your ♦ • backup. Trammell Crow envisions this building as a flagship for the eastern entranceway into our City, They also stated that future buildings would be of similar quality, Trammell Crow said they stand on their reputation for quality developments and -1- 75 x i 32XIO t ~,xarra ' 0 i Indicated the company would not went Inferior buildings located next to their headquarters facility. ESTIMATED SCHEDULE OF PROJECT: The company must make their final decision by January 8, 1998, In order to break ground on the facility in April 1998. The company has already purchased equipment and plan to be operational by January 1999. PRIOR ACTION/REVIEW: The Joint Tax Abatement Committee reviewed the United Copper application, received a report and held discussions with the company's general manager, Trammell Crow and Carter & Burgess. The Committee unanimously recommends participation in a tax abatement agreement. The two City Council members of the committee recommend we enter into an agreement as provided by the Tax Abatement Policy guidelines --25% for six years. The County Commissioners will recommend a 30% abatement for five years, (The County recently adopted their own tax abatement policy, and the project falls within these terms. Please note that the City's participation of 23% for six years is the same amount as 30% for five years,) The Denton Independent School District Board members will recommend participation and will ask the Board to vote on either a 104A or 15% participation for five years. The Committee also recommends that certain provisions be included in the tax abatement agreement. Those proposed provisions are outlined on pages five and six of your backup, In addition, you will find a list of "pros and cons" for granting this abatement agreement ~ prepared for and reviewed by the Committee. FISCAL INFORMATION: a Ad valorem taxes; The project would add a total of 53702,000 to our property tar roll $10 million for the building and $27 million In equipment. M s lobs: The plant will employ approximately 260 the flat year with an average salary of $34.000. The company estimates a total of 800 jobs by year ten at which time the average salary Is estimated at $57,450. • Electric Utility Revenue: The plant would be a major electric service customer. Annual billings are estimate at approximately $2 million. The attached Summary of Scope of Project (page nine of your backup) provides the economic impact this project could create in Denton. .2_ 2510 32XIO 1 MAP: A map of the site is provided for your review. Respectfully submitted, , Director~ Linda Ratliff Economic Development i ~/K • I l5 K 32XI❑ . 1 FMNVr 0 e lw j ~f rl +Y ~ t ' ' II I r 1 f ?~~x 32XIo • 0 ...,aaa p i Proposed Provisions in Tax Abatement Agreement United Copper Industries • The City of Denton staff recommends the following provisions be Included In the tax abatement agreement with United Copper Industries: 1. City of Denton Eleclric Utilities: Company must enter into a minimum five-year agreement with Denton Municipal Utilities for electric service, 2. Job Creation Goals: The company agrees to employ it minimum of 260 employees over the five years of the abatement agreement with a total annual payroll of $18,000,000 (average wage of $34,000). vtp Year Employment Annual Sala 1 260 $34,000 2 325 636,000 3 38,200 453 OOw' 45,500 618 -WW a 680 51,100 2 54, • If the number of employees or payroll requirements are not met, tax abatement will be reduced by a percentage relative to proposed and actual numbers. Exawlo: If company estimates 230 employees and actual employment is I IS, The amount of lax abatement granted will be 30 percent less than the agreed • amount. , • Company will provide wage ranges for jobs and the number of employees lit each category to assure that the required average annual wage Is not skewed by executive positions. t . a Company will provide audited records an&or access to records to verify employment and wage figures within 90 days of requrst by the City of Denton. • ~M 11.00 Economic tkveloi+menl INPI. • S • 01102/91 i %owns 3. Building and Equipment Valuation, The company agrees to build a 420,000 square foot building at an estimated value of $10 million and purchase and Install equipment valued at $27 million for a total new valuation of S 37 million. r • If the total new valuation of the project does not meet the minimum of S37 million, the tax abatement will be reduced by the percentage relative to the actual value and the agreement value, s Building for United Copper would resemble the proposed rendering submitted by Trammell Crow. s~ ti 0 5 it ~ • • Economic lkvelopment lkpt. • b • 0IMV911 5 K 32X~ 0 ' e UNITED COPPER INDUSTRIES TRAMMELL CROW PROJECT PROS & CONS PROJECT "PROS": L The proposed project would result in a total community economic impact of $103,077,927 • Estimated Wage Impact: 586,459,652 • New Taxes: $9,438,934 2. As part of the Vision "Work" concept, the proposed annual pay meets the high paying jobs objective. • The average annual salary for the first year is an estimated 534,000 and is expected to increase to $57,450 by year ten. • The proposed pay scale's higher than most other manufacturing companies in Denton. • Denton's average household income is $36,826. Per capita income is S 14,333. The following chart represents wage comparisons for selected manufacturing occupations: AVG AVG OCCUPATIONS HOURLY ANNUAL SALARY F, ectronics T-& me ant 11.08 ,l 6 ZFo Opeo657 1 66 ~Opcrator 6, I ,708 Machinist 83 17,368 ' Pro ucUon Assem er 6.67 St ,813 Sourcc: 'texas Workforce Center, Denton, Texas. January 1997 • The project meets the economic development program's Job creation goals. The company plans to create 260 jobs in year one and 800+ by year 10. The company also plans to recruit locally for all positions. 3. The project would create a flagship facility on the east side of Denton at U.S. 380 and J~o CJcesling Road. • Although this Industrial site was not identified by the Vision Work Team as a gateway park, the site is located Pt one of our major entranceways Into the City. VMIAREI)' MPrIMN'OTAX ABATEMENT COMMITTE"ppttcrnts pros rndcons.doc -7- 25 x 10 32XI❑ II~ arswrw , P s7mwss 4. Trammell Crow's participation in this project could generate future partnerships between the City and Trammell Crow. • Trammell Crow would like to develop the entire 90 acre tract into a first-class industrial park. • A Trammell Crow industrial park with speculative buildings would help strengthen the City's industrial marketing efforts, which have been limited due to the lack of existing speculative buildings. • Buildings in the proposed industrial park would be of high quality buildings (no metal buildings) • The park would be landscaped. Trees would be planted in an area that is currently barren. S. The project would further expand Denton's relationship with Mexico and strengthen the City's ability to attract other Investment opportunities as a result of trade coming from Mexico along the 1.35 corridor (NAPTA). • This project would allow Denton to serve as the national headquarters for a multi- national Mexican conglomerate. 6. United Copper is a major user of electricity. The City would receive increased utility revenues of S19.749.141 over a 10 year peri.)d as result of the project. PROJECT 'CONS": 1. If the City grants an abatement to United Copper (anchor tenant for the proposed Industrial t park), Trammell Crow could expect future abatements on other projects they recruit for the park. 2. Although United Copper plans to recruit its employees locally, we are uncertain how this project might impact our school district. r , 3. Any abatements result in forgone state revenue to the school district. -d- 25 Y, 32X • aglow . u I Ytet'AXaa , I Application for Tax Abatement Trammel Crow Project A Mexican-owned manufacturing company looking to build a U.S. corporate Office and manufacturing facility In the Tlxasl0klahoms area, This company is interested in the 31 acre tracts of land on Highway 380 adjacent to the Safety Kleem facility. This tract is a portion of a 90 acre site and has been on the market for some Gme. The Trammel Crow Company plans to develop a first class industrial park on the remaining acreage with the prospect as their anchor tenant The manufacturing company plans to bring their Coppell distribution operation to Denton. At this point Denton is In competition with Sherman, Texas and Ardmore, Oklahoma for this facility. Project Scope: 1. Manufacturer of copper wiring, Wrigs, and pipe 2. 420,000 square fool building 3. 280 employees the first year and increasing to 600 by year 10 4. Annual average salary $34,D00 the first year and increasing to $57,450 by year 10 S. Major slectWO service customer 6 Total project investment is $31,102,000 (!wilding 310.000,000 and equipment $27,102.000) SCENARIO I I I 10 YEAR , COSTIBENEFIT DISO City County TOTAL ANALYSIS 15% 5 YRS Estimated Wage Impact S0Q459,652 New?axes $8,585.605 $1,903,889 5949,440 39,438934 Abatement =($493,920)1 (5285,583) (5142,418) (5921,920) FT Utilities 19, 19,749,141 519,149,141 MAL IISI GAIN wilimm SCENARIO II ^ 10 YEAR COSPBEN£FIT OISD City County TOTAL ANALYSIS 10% 5 YRS Estimated Wage lmpacl $ee,450,652 New Taxes 56,585,005 $1,903,889 $949,440 59,438,934 Abatement ($329,250) 13265,583 ($142,416) (5751,260) Utilities 319,749,141 319,149,141 0 TOT JV I A1ARYr'Ax ASATEMENTrC Cxr TRAMMEL CROW dw 10"? -9- nn 0 I aced U *W es _ w if e by Q 4 13 N Q 9 0 O o a ~D Q ff4 6 - W E S o o o - proposed location i WtHn the aty r., n a • G ?5 32x • auenda No._ Agenda Item 0aft R CITY Of OfNTON TEXAS MUNICIPAL OUILOJNO DENTON, TEXAS 76201 • TELEPHONE B f 7466.8309 Office of the City Secretary MEMORANDUM DATE: December 31,1997 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacanciesrnominations: Mayor Miller has nominated Teresa Starrett to the Library Board.. Jim Gwilliarn has resigned from the Cable TV Advisory Board. This is a nomination for Council Member l ristoferson. If you require any further Information, please let me know. Ik cr Wal n -~J C' Sccrcl ACMF4 I Ykdkaad a Qualuy Servke° I x10 32XIEl