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HomeMy WebLinkAbout03-07-1995 f i CITY COUNCIL AGENDA PACKET 3-7-95 i 7 'i • w • AGENDA A~BtIf~B~f CITY OF DENTON CITY COUIICIL March 7, 1995 Closed Meeting of the City of Denton City Council on Tuesday, March 7, 1995 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: "'+)TE: THE CITY COUNCIL RESERVES THE RIGHT TO FOJOURN INTO CLOSED MEETING AT ANY TIME REGARDING .JY ITEM VOR JHICH IT TS LEGALLY PERMISSIBLE. 1. Closed Meeting: A. Legal Matters Under TEX. G04'T CODE Sec. 551.071 1. Consider responses requests for bids from attorneys desiring tce retained to evaluate el against GTE for deli at franchise fees. 2. Consider settlement :'emand in the clai of Masint Price. B. Real Estate Under TEX. G, " CODE A' 551.072 1. Consider lease with Mont;.t Inc. of Union { Pacific and Rails-to-Trails right-of-way. 2. Discuss possible amendment to leases at Denton Municipal Airport. 3. Discuss the acquisition of property for expansion of the City's landfill. C. Personnel/Hoard Appointments Under TEX. GOVT CODE Sec. 551.074 1. Consider performance evaluation and pay adjustment for t;e Senior Assistant City Attorney. Work Session of the City of Denton City Council on Tuesday, March 7, 1995 at 6:00 p.m. in the City Council chambers of City Hall, 215 E. McKinney, Uenton, Texas at which the following items will be considered: • NOTE: A work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the council for citizen input, City Council deliberation and formal city action. At a work session, the City Council generally receives informal and preliminary reports and information from City • staff, officials, members of City committees, and the individual or • organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organiiiations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City i • • I 1 City of Denton City Council Agenda ) March 7, 1995 AQEiMfBff f Page 2 oH1e ~ - Q ~ Z db ~ ~ Council, prior to the beginning of the session, a written report regarding the citizens opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting tageen4i. the which wi 1 he made r available to all citizens prior to the regular meeting at which citizen input is sought. The purpose -)f this procedure is to allow citizens attending the regular n ating the opportunity to hear the views their fellow ci 'zens without having to att.e,od two meetings. 6 00 p.m. 1. Receive a report, hole a discussion and give aff direction regarding the proposed workplan for scone, development strategy implementation, 2• Revio of the City of nton Fiber Optics 5 :em Financial Plan id Proforma, °equJr feting of i' on city " 1995 at 7:00 p.m. 215 E. McKinney, DentoTexas at which nCouncil following a tems t will be considered: 7:00 1. Pledge of Allegiance p.m. 2. Consider approval of the minutes of January 24, February 7, February 14, and February 21, 1995. 3. Consider a request by the Denton Arts and Jazz Festival for an exception to the noise ordinance April 29 and 30, 1995. 4. Resolutions of Appreciation A. Consider approval of a resolution of appreciation for State Representative Mary Denny. B. Consider approval of a resolution of appreciation for • State Representative Burt R. Solomons, C. Consider approval of a resolution of appreciation for State Representative Jim Horn, D. Consider approval of a resolution of appreciation for State Senator Jane Nelson. • E. Consider approval of a resolution of a • • State Senator David Sibley appreciation for F. Consider approval of a resolution of appreciation for. State Senator Tom Haywood. i • O • Q • City of Denton City Council Agenda Cjr7 n cr March 7, 1995 tUgaseen_d_a._lteraLPage 3 .e.,--.-..._G., ~ co 3 5. Citizens Reports A. Receives a citizen report from Joel Bessire requesting a cha . n ordinanc, allow pat be'lied pigs in the city. 6. Pvblic Hearings A. vole e public hezrin a,d consider idoption (f an rdinan 3 amending Sec a 35-76, 35•'1 and 35-301 of r of Ordinances late the del'inition of ioff- ,treet arking incident the main use+l, delete same 4 .om t' 1 table of perm> t ;ev `nd p 'ovide a list of ermit .d circumstance 'Ie Ilar ng and Zoning ~ .:ommission recommends a )roves B. old a ~lubl hearinc and c si %doption o an rdinance re ning .66 acres rrom Commercia.i C) istrict Manned t ~lopment dies ct and adrf •taa i. Tht s located ,,..,.wean Lc .a and ...n Streets, approximately 140 feet north of Pr,+,rle, Street. (The Planning and Zoning Commission recomo- -rs approval 5-0.) 7. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 8.A, S. B, 8.C, 8. D). 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. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase orders: 1. Bid #'1697 - Distribution Transformers 2. Bid #'1731 - PVC Conduit and Accessories 3. Bid #1711 - Morse street and Gardenview Sidewalks 4. Bid #1724 - Neighborhood Park Playground Construction 5. Bid #'1729 - HVAC Renovation 6. PC 153295 - Motorola 7. Check Requisition - Department, of Army Corps of Engineers • O 7 • City of Denton City Council Agenda March 7, 1995 Page 4 B. Tax Refunds 1. IBM Credit Corporation - $992.12 Consent Agenda Ordinances A. Consider adopt of an ordinance accel,~ing competitive bids and away r, contract for purchase of materials, equipment, s, pl. or services. l4.A.1. - Bid 01697, 4.A.2. - BSc 0173' Consider ae Ption or an ordinance i-eepting competi 9 bids and p: vid'ng for the award of 7ntracts for publ.c works or .)rotm%ents. (4.A.3. - Bi 01711, 4.A.4. - Brd 01724, 4, .5. - Bid el-29) C. Consider adoption i ordinan( )roviding for he 9 expends` ce of fug it purchae of materiale. cr equipm, which aia iilable fi one source in accorc e with the p1 sions of s law exec .1g such s s fron - aments of L ~i*.j.v ids. (4.A,~. r 053295) D. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by the City for opL_atior and maintenance fees at Lake Pay Roberts as par cont;3at agreement with the Department of the Army Corps of Engineers. (4.A.7. - Check Requisition) 9. Ordinances A. Consider adoption of an ordinance ordering an election to be held in the City of Denton on May 6, 1995, and, if a runoff is required, on June 3, 1995 for the purpose of electing councilmembers to Places 1, 2, 31 and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election officials; providing for bilingual. notice of the election; and ordering that the punch card electronic voting system be 1 used. B. Consider adoption of an ordinance leasing union Pacific and Rails-to-Trails right-of-way between Prairie and Sycamore Streets to Monex Resources Inc. to extradite unloading of rail cars. b C. Consider adoption of an ordinance approving the mutual termination by the City of Denton and Bruce Brown of the O • "Tract C" lease of airport property, said property consisting of 33,541.20 square feet and repealing ordinance No. 94-229. O O 7 • • City of Denton City Council Agenda QBA~dNO r..~%„5(Se'..C~ March 7, 1995 ~gAAtlalfA Page 5 S~ b 30. Resolutions A. Consider approval of a resolution recognising the need for a new Federal Income Tax Credit to encourage the rehabilitation of older buildings for homeownership, (The Historic Landmark commission recommends approval.) B. Consider approval of a resolution authorizing the City Manager to execute a ground lease agreement between the City of Denton and John K. Selvidge for approximately 0.615 acres of property located at the Denton Municipal Airport. C. Consider approval of a resolution postponing the April 4, 1995 City Council meeting to April 11, 1995. 11. Consider nominations/appointments to the Juvenile Crime Interagency Coalition. 12. Consider a nomination to the Keep Denton Beautiful Board and the Traffic Safety commission. 13. Vision Update 14. Miscellaneous matters from the City Manager. 15. official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 16. New Business This item provides a section for Council Members to suggest items for future agendas. 17. Closed Meetings • A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT COD.3 Sec. 551.074 , * • • i • e • r'f ti4}: ii:~i. +Ir ~!+[i1~Y'.i rYMeGn,_}'tfk City of Denton City Council Agenda gendaNo, chL--~9 March 7, 1995 a genda4(epj-...._.._~000333._ Page 6 idled ~ C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1995 at o'clock (a.m.) CITY SECRETARY . NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 5668309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO0256 • f t k t s • w .=CITY-=: -=COUNCI i { N sr ay • ~ t c MOGG ~~~0 r • e r • 0 • • AgMMO 90 Agenda ltent" . Data _ 1 ~d3~i CITY of DEW^ TEXAS MUNICIPAL BUIL D)NG • 215 F. MCXINNEY o DENTON, TEXAS 76201 (817) 566.8200 s DFW METRO 434-?lz?9 MEMORANDUM DATE; March 3, 1995 TO: Mayor and Members of the City Council FROM: Betty McKean, Executive Director Municipal Services/Economic Development SUBJECT: Economic Development Strat,gie Work Plan To assist in preparation for our March 7 work session discussion regarding our response to the ~ recommendations made by PHH Fantus, we are providing the fol, _ materials: Attachment I Copy of our 1989 partnership agreement with the Chamber of Commerce Attachment 2 Chart of key economic development areas with regard to the responsibility and roles of the Chamber and City. Attachment 3 Current list of the Economic Development Advisory Board Aliachmcnl 4 Copy of Chamber's Economic Development budget • Attachment 5 list of Chamber task forces already charged with addressing Fantus recommendations f Please let me know if you have any questions on this material or if you wish us to provide additional information. 1 Betty McKe xecutive (rector Municipal Services/Economic De e lrrent "Dedicated to Quality Sen-Ice " .r.a..~~a......r.w~. r.rv... ~ ~ r.Ynr Mw~. r.• W1F^..., • ca • • PHH P i'UF .'OMPET6T) 1NALYSIS WO OMMENDAT i'S ECONOMIC f /EY,OPMFNT STRUCTUN Willi the econom -velopment landscape dramnlicall, angi ng, a more focused, well-funded, and strategi :ort is required to maintain a solid, dr Ole pace of devclopi r in the twee of strong competition r reJ tonal, national and even international basis. ' quote funding has beer unavailable w program. Also Economic Development Advisor ' card (..DAB) is unnecessarily large, and commur on between staff and board has not be especially strv RF:C'OMIN JATION Nit I' Revamp the economic development program Ilm est fblishmenl of a new organization structure, the raising and expenditure of moic money, setting appropriate expectations and managing to them... , a fcaus on brand-building. i E VC0N,, MIC DFVFLOPMENT STRUC; 'JRP'. Fconomic city Chamber Recommendation #1 Development of of Action Items Corporation Denton Commerce Comments ; it, Sireannline economic development program by % XX X City staff will coordinate meetings reducing size of !.DAB to perhaps the live between City Council and the Chamber individuals who the City Council would ullinnately Hoard to determine the appropriate size of appoint to the Iscunomic Development Corporation j the new Board and to appoint new EDAB members. b. !Build an ongoing strategic planning procrss within XX The new EDAB will develop a new • the Ji I)C that anticipates and analyzes strategic plan, developments that effect Denton's competitive Imsition. Awndance at trade shows and traditional advertising should have it limited place in Denton's overall economic development ® campaign, • 'i i c I y t I XX = Leadership role Warticipatlon Pchruary I, 1995 tJ • • • PHII F'ANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS ECONOMIC DEVELOPMENT STRUCTURE RECOMMENDATION k2: 111111 Fanlus Consulting recommends that Denlon consider adopting the economic development sales lax and raising [he local sales lax one-hall' cent, us is allowed under law, and to earmark the revenue generated strictly for economic development activity such as attracting new business, assisting expanding enterprises, and creating new job opportunities. ECONOMIC DEVELOPMENT STRUCTURE Economic City Chamber Recommendation M2 Development of of Action Items Corporation Denton Commerce Comments a. Lay groundwork for adoption of the economic City Council must determine whether to development sales tax. fund the economic development eftor[ with a new 1/2¢ sales tax or by other Determine whether to fund program with XX methods. If an election is called, the 1120 sales lax Chamber would [hen take a leadership role in marketing the campaign. City Voter marketing campaign XX support would he critical. h. If raising the sales lax is not considered feasible, an i XX X City Council must determine the level of economic development corporation could still be / funding needed to support the economic • created as an independent structure utilizing / i development effort and investigate contributions from various sources. alternate funding sources. /~'i!~ In thinking about the structure, attention must also be paid to the necessary budget for FIX. Surveys ~ iadicatc a eonununlty of Demons size should have economic development expenditures of approximately $200,000). XX = Leadership role X-Parliclpation f I'chrnrrry 1, 1995 2 , i • • • PHH FANTUS COMPETITIVF ANALYSIS ► RECOMMENDATIONS EDUCA'i TONAL ASSETS The presence of two major univemilics, the North Texas Resenvch Institute (NTRI), and North Central Texas College, is a unique attribute of Demon's than can be used to create economic development opportunities, sen as a lure to potential industrial prospects, and help solidify the City's brand image. NECWO MENDATIONfl3t Bet , average the assets !hat most distinguish Denton from competitor locations-- its institutions ol'higher education and its university city setting and env,nmmcnl. f EDUCATIONAL ASSETS Economic City Chamber Recommendation N3 Development of of Action Items Corporation Denton Commerce Comments a. Ongeing activities involving members of the x XX X City will contact Chamber, universities university communities and the FIX must he and college to arrange initial meeting. instituted. U Zderlying t',iese activities should he the The " City/HusinessAJniversily Forum" principle that the City wid universities can benefit should consist of Mayor and/or one or each other. more City Council members, one or Iwo business community representatives, and Note: This action item can begin prior to at [east one representative from a higher estabfishing EDC, education institution. Each organization would determine its own representative. 0 b. The existing Town/Gown Consortium program XX X The VDC will assume coordination and should he publicized more and perhaps expanded. facilitation of this group. The Ef A convened panel of IDC and university look at expanding the activities of e representatives should define an approach with Consortium and promote Its activi acs,-- schedules, committees, etc. 8 c. Highlight the universities and their strengths, XX X Me [iDC will highlight the unive Through events like a national music festival at and associated benefits [n its mar b I JNT, program. The Chamber will aggr promote and support university ac t s` XX = Leadership role X-Participatlon n February 1, 1995 3 -r.-...~_~w r~..w.1au. ~ ~ ~yyM^w,.w~. Y1WYf•.•.I. u~.l r _ _ • O mow • Q e • PHIL FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS EDUCATIONAL ASSETS Economic City Chart.ber Recommendation N3 Development of of Action Items Corporation Denton Commerce Comments i d. Institute a joint economic development effort with XX X The EDC would identify and coordinate one or more of the institutions. the implementation of appropriate joint NTRI could serve as a linchpin for such an effort efforts with UNT, given its stated mission of enhancing the University's interactions with the business community. e. Convene a lbrum for discussion between university XX X X The EIx' would coordinate a tusk force oft;cials, public ul'ficials, and business leaders to consisting of representatives from the idcalify one or two potential growth sectors that universities, public officials and busiresv pla) oft' of existing university strengths or areas in leaders to identify potential growth which the university would like to move, sectors. - One example could be leveraging 1, 1Nl's excellent accounting program to lure back- of ficesofmajor accounting firms. - Consideration could he given to cstablishinert of a university-related research park. f. Create a joint task force fo pursue any such targeted XY X X The EX would chair the "growth growth sector(s). This Mint could include, among sectors" task force, and each organization other things: would appoi•,it their own member sg I Working with state officials and local banks to a, make seed money available c a ® listablishing a center at the university that could ° • serve as the foc<d point for development of the uI ; sector and attraction of exp ertsdabor. t Consideration of the 7'I facility or other available laud us a possible center Ibr this eflbrl. XX = Leadership role X=Participation 1~ehruary I. 199' 4 f • O ss>~ r • w • • PHH F'ANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS EDUCATIONAL ASSETS Economic City (bomber i Recommendation P3 Development of of Action Items Corporation Denton Commerce Comments g. Design a public relations program that x XX 'I'he oaiversitics would become a major simultaneously enhances the universities' respective component of the public relations and images and Denton's brand image. marketing programs to be developed once the "cluster analysis" is completed. Include major references to the universities in XX new economic development materials created by the e/D Corp, especially regarding the top- class programs such as UNT's accounting and TWU's nursing and physical/occupational therapy programs., Leverage t1NT's intercollegiate sports XX X T participation in the NCAA through an inromercial that could be produced and shown during NCAA broadcasts and target advertising in communities in which UNT teams will perform, etc. Jointly sponsor events such as conferences or XX X symposia, intended to bring decision-makers from targeted sectors into Denton. vt ti r XX = Leadership role X=Participation February 1, 1495 5 -Z I • • • r PHH F'ANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS RECOMMENDATION H4: Ensure that Denton's high qualify, ample workforce remains u critical asset to existing businesses and a lure to new investment by providing training opportun'tics and linking businesses with programs provided by the educational institutions, EDUCATIONAL ASSETS Eeonomic City Chamber Recommendation k4 Development of of Action Items Corporation Penton Commerce Comments n. Denton should work with the institutions of higher XX X X The IiDC would coordinate a task force to education, including NCTC, to identify existing identify training needs. The task force training programs and to project skills needs of would include representation From UNT, business for the tbresceable future, and structure TWU, NO V, and DISI). new programs that will produce future workers for those skills. b. Make arrangements with these institutions to XX UNT TWU, and NCTC already provid^ develop customized training packages for newly- customized training, The EJ)C would arrived businesses and existing employers. work closely with these institutions to put • in place those training programs that have been identified c. Oven foreseeable cutbacks in government funding XX The task force would include pub! 5P and programs, Denton may want to target the sector workers when identifying d workforce employed in the public sector to ensure developing training programs. • their continuing employability. ,l t ^nQMM' ~V t XX = Leadership role X=Partielpatlon February 1, 1995 fi • O • I r i PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS EDUCATIONAL ASSETS Economic City Chamber Recommendation #4 Development of of Action Items Corporation Denton Commerce Comments d. The Denton ISD has leadership that seems attuned X XX The Chamber of Commerce existing to the need to establish an effective relationship Workforce Training Task Force will meet with area employers, although potential clearly with the DISD to identify training needs exists for vocational education programs that go of Denton's future workforce. beyond the current adopt-a-school approach. The City and Chamber should devote more energy to working with the Denton ISD on programs That train high school students for positions That local businesses will need to fill. Models exist in a number of other jurisdictions, • 0 ~e XX = Leadership role X-Partlcipallem O ,Q Vehruary I, 1995 , .,y,,,.~y,ygro .~cur... J i • i • PI-1111 FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS REGULATORY PROCESS Any community of Denton's size will suffer from some friction between municipal officials and regulatory agents on the one hand and the business t community on the other. To the extent that they are unavoidable, [hey should nevertheless be minimized and addressed through appropriate mechanisms. Based on our research, we believe that the problems that do exist are relatively minor and within reach of solution. 'fhe perceptions of the magnitude of the problem far exceed the actual severity. So long as there are problems and tensions in this arena, or the perception of such, Denton's economic development initiatives will be negatively affected. RECOMMENDATION 0t Establish an efl'active mechanism for continuing dialogue between city officials and business leaders regarding (he regulatory process. REGULATORY PROCESS Economic City Chamber Recommenda,lon 005 1), velopment of of y Action Items -orporstlon Denton Commerce Comments a. Utilize the existing Chamber Local Relations X XX Chamber Local Relations committee will committee as a conduit for discussions or establish initiate discussions with top city and a new forum that includes lop city and business business officials. off iciais. It is essential (hat the group meet at least once per month to ensure immediate response to "hot button" issues, h. Municipal officials must be more effective in XX City Manager and F,xeeutive Director of publicizing some of the reforms that have occurred Planning will meet to discuss pos.' 1t~g and that will occur. Gxa nples: Ongoing efforts to customer service training opportu ic% establish a stronger customer service orientation j and look at initiating creative and have already been initiated and the plaiting process development procedures i has been streamlined. XX = Leadership role X=Participation February 1, 1995 8 • as • • PITH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS t REGULATORY PROCESS Economic City Chamber Recommendation NS Development of of Action Items Corporation Denton Commerce Comments c, Ensure that regulations/ordinances and the XX X 'fhe Planning Department will s.rlicit processes associated with their promulgation and input from area developers and begin implementation are calculated to bring the kind of reviewing existing regulations and development favored by the public. ordinances to identify those regulations 1 Keep in place regulations/ordinances that serve that could be made more "user friendly." the long-term interests of the community, such r as beautification measures. d. Support development of a one-stop permitting This individual would be introduced to process and/or creation of an ombudsman posi.non existing business owners through to ensure coopenuion a'Ih business, An newspaper stories, public appearances, ornbudsman can help businesses avoid interaction etc, with city depurtments with which it has been difficult for sonic husinesspersons to work. This will help keep Denton competitive with other Texas communities. City Manager should appoint a temporary XX 'fhe City Manager will appoint a Ombudsman who will help business prospects / temporary ombudsman, obtain necessary permits and approvals. Position would be replaced when E/D XX 'fhe new EDC ombudsman will p m w o Corporation established. open dialogue with City staff to 'e e the ombudsman goals. t • j ~ O` ~ Id XX = Leadership role X= Participation February I, 1995 c .ra~~r ...~wr , • • r w~.r Mw~,. . • JIY 0 PHF FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS REGULATORY PROCESS Economic City Chamber Recommendation NS Development of of Action Items Corporation Denton Commerce Comments e. Initiate discussion between City Manager and XX The City Manager and Executive Director Planning/Zoning Director to clearly define goals of of Planning will determine specific goals all city regulatory/development operations effecting to improve the development process. the business community and ensure indoctrination Among those goals will i e customer of the customer orientation in all city regulatory service training for staff agency staff, r i i N T Gil .i XX = Leadership role X=Participation February I, 1995 10 • u~ • r Pill] FANTIIS COMPETITIVE ANALYSIS RECOMMENDATIONS BUSINESS RETENTION Greater emphasis should be placed on meeting the needs of existing businesses and creating conditions conducive to their expansion. RECOMMENDATION M6, Adopt an account management process, geared towards retention, that [muses on anticipating customer needs, addressing them as quickly as possible, and encouraging expansion activities of cxisting busineswm t BUSINESS RETENTION Economic City Chamber Recommendation 06 Development of of Action Items Corporation Denton Commerce Comments a. The EDC should assign "account managers" ( one XX The Account Manager would be a staff' or two individuals should be adequate) for the sole position in the new FDC, focusing his/her purpose of meeting with the management of time on business retention and expansion, existing businesses Io understand (heir needs and The Account Manager would become the concerns. 'I he account managers must: "local expert" on existing business needs lie able to identify potential problems belbre and would work closely with City and } they become real or nwgnitied, university officials to promote i cooperation with Denton businesses. Lobby to build cooperation and customer focus • among government agencies and other institutions (i.e., universities) with a staxe in helping business succeed in Denton, b. The internal system of resources should be XX Afler establishing the Account Manager continuously adapted and improved to ensure that program, the FDC will continual y rt.-c4+ each resource is designed to most filly support the resources to improve the progr s li account management effort. to meet business needs. 3 Vv XX = Leadership role X=Participation y February I, 1995 I ] b A • • 1. ~ PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS ,i "CLUSTER" ANALYSIS Posilion Denton in a way that is most meaningful to the businesses likely to consider locating in the city. RECOMMENDATION M7: Pertorm thorough analysis of manufacturing activity in Dallas, Tarrant, Collin and Denton counties to identify customers/suppliers of existing businesses "cluster analysis." "CLUSTER" ANALYSIS Economic City Chamber Recommendation 007 Development of of Action Items Corporation Denton Commerce Comments a. Perform thorough analysis of manufacturing XX An outside firm such as F'antus, UNT's activity in Dallas, Tarrant, Collin and Denton (:enter for Economic Development (Ilud counties to identify cuslonlers/suppliers of existing Weinstein) or Insight Research could businesses "cluster analysis." perform this cluster analysis. b. Target media advertising once the economic XX A public relations firm may be enlisted km development program has segmented the market develop a media campaign once cluster and determined the kinds of businesses that should analysis has been completed, be recruited. • c. Target white-collar businesses for relocation to XX White-collar businesses will be included Denton. in target market. l ' i C t XX = Leadership role X=Participation February 1, 1995 12 • d • • • PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS INDUSTRIAL SITESANFRASTRUCTURE Denton must have developed sites available to meet the needs ol'businesses. Currently the city not only lacks spec buildings and fally•served lots but is not even in a position to discuss the price of land with customers. Development of a business park, likely in the western portion of Denton, would be one measure that would enjoy near universal support in the community and would serve as an impor -mt cornerstone for future economic development. If done correctly, it would address the need for fully served sites. Note: Even if Denton makes the above infrastructure enhancements, rapid development will not necessarily follow. The kinds of development Denton seeks may still be several years away. z RECOMMENDATION N8t Enhance the Denton product by, among other things, improving infrastructure (especially available sites and buildings) that will assist with the attraction of now business, INDUSTRIAL SITES Economic City Chamber Recommendation 98 Development of of Action Items Corporation Denton Commerce Comments a. Conceptualize a business park, perhaps based on x XX X City would initiate site selection and the STAR'I'EC vision, and identify an appropriate infrastructure improvements discussions, financing mechanism. as well as possible funding. • b. Develop spec distribution center either as a stand- X XX X Discussions regarding a distribution alone facility or os part of a business park. center will be included in initial discussions. ` ti Q CZ1 XX = Leadership rule X=Parlicipalion i fcbraary i, 1995 13 e a e ly PIIH FANTUS COMPETITIVE ANALYSIS 1 RECOMMENDATIONS INDUSTRIAL SITES Economic City Chamber Recommendation k8 Development of of Action Items Corporation Denton Commerce Comments c. Obtain market prices for the available parcels of XX X X land sk- as to be better able to market them. Accomplish through: Personal contacts with landowners by The FIX would establish ongoing prominent 0entonians, as part of a coordinated working relationships with industrial site campaign, to make clear to them t he value (to property owners, them and the City) ofestablishing a market for their land. Periodic social/business events that could be EDC staff would invite property owners sponsored by the Chamber and City to which to major social/business events. the landowners could he invited. d. Increase efforts to find a purchaser/occupant for the XX X X The EDC would work closely with 'texas Instruments facility. Trammell Crow and Ifingswanger to determine additional marking possibilities. EDC would include the'11 building in appropriate marketing campaigns. a e fn t W XX = Leadership role Warticipation i February 1, 1995 14 _ _ I e e • c,• Y 0 4 PHH FANTUS COMpm'1'17V><: ANALYSIS RECOMMENDATIONS RE(''OMMENDATION 49: Other infrastructure improvements are necessary to better position Denton f'or growth, i.e., the roads near Denton Municipal Airport must he increased in number and/or improved. INFRASTRUCTURE Economic City Chamber Recommendation q9 Developmenr of of Actlon Items Corporation Denton Commerce Comments a. A new effort should be made with the "Texas x XX X The Deputy City Manager and I fighway Dept to add a new entrance/exit ramp on Engineering Department will coordinate a I 1-35 near the Municipal Airport. new campuign to improve access to the airport which will include involvement of Denton businesses. b. "It) alleviate road congestion that may occur from x XX City will develop inventory of streets 9. establishment of new businesses or expansion of needing improvement along Ilse 1-35F existing ones along (lie 1-951? corridor, Denton corridor and look at possible funding planners should begin consid,.ring road sources. improvements and additions , rat may be necessary, such as repair of" Tcasley Lane. c. To support financing for infrastructure x X XX The Ch unber will begin discussions with improvements, Denton should actively consider a the various not-for-profit organizations. plan that would require the City's large not-for- Legislative changes may be require. profit entities to make payments in lieu of taxes specifically dedicated to econ„mic development. d. Strong consideration should be given to the x XX X The City will lead discussions and u c • recommendations of the Visioning 1'ransportation research altemme transportation m City. such as development of alternate i.e., mass transit, } transportation modes. 1 XX = Leadership role X= Participation h I cbruary 1. 095 15 • • e !4 PHIJ FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS AIR QUAIATV RECOMMENDATION 010: Because Denton is part of the fc,ur-county non-attainment area for air quality, municipal officials, in concert w't;t the business community and other cities in the non-attainment area, should work to limit the capacity for that designation to harm economic development eflbns. i AIR QUALITY Economic City Chamber Recommendation 010 Development of of Action Items Corporation Denton Commerce Comments a. A strong education program should be launched in XX X The FIX would coordinate the campaign, coordination with Norlh Texas Air Coalition to along with the Chamber's Denton Clean make Denton area residents aware of' the adverse Air Coalition, 1 economic impacts and health hazards resulting from continuing status as a Moderate Non- Attainment Area or becoming a ticvere area, b. l.xpandcd mass transit offerings can be considered. XX X "I he City will lead discussions and further I he STAWITC vision included consiniction or a research alternate transportation modes, monorail and, whether or not the business park i.c„ mass transit. beL.:mes a reality, such a transportation asset could be developed--for example as a substitute for more access roads to the Munirdpal Airport. C1 N N ~.I c CJ1 ~ j XX Leadership role X=Partielpation Febroar. 1, 199$ i6 • A 0 ca • 0 PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS METROPLEX RELATIONSHIP Efforts to lure businesses from Dallas to Denton are not in the long-term best interests of the city, The fact is that the decline of the major city in any region usually precedes a diiticult-to•reverse loss of attractiveness of the region as a whole; Detroit is a classic study of this phenomenon. RECOMMENDATION #11: ~ Increase Demon's visibility within the Metroplex and cement tics with the Dallas Chamber of Commerce. METROPLEX RELATIONSHIP Economic City Chamber Recommendation NI I Development of of Action Items C-irporation Denton Commerce Comments a. Advise the Dallas Chamber when Dallas area XX X FDC will develop cooperative businesses contact Denton regarding relocation. relationship with Dallas Chamber and apprise them, whenever possible, of potential relocations. b. Work with Dallas Chamber to identify businesses XX EM will meet with the Dallas Chamber planning to leave Dallas that might be persuaded to on an on-going basis to determine r remain in the i~lclroplex by moving to Denton. potential Denton relocations. c, l3ccome involved in Dallas and national real estate XX 1: MC would expand on current organizations involved in commercial leasing. involvement with Dallas area real estate 4 organizations. d, incourage local public officials/citizens/business XX TX X Ex will enlist individuals from 1 leaders to actively seek appointment to appropriate sectors and encourage metroplex policy-making or representative bodies in the involvement, i.c, North'rexas 0 Dallas/Fort Worth area. Commission and chamber mem s s. i 0 V XX = Leadership role X=Participation February 1. 1995 I7 ti 0 s • • I IM PHH F'ANTUS COMPETITIVE; ANALYSIS RECOMMENDATIONS { BRAND MANAGEMENT Brand management is the process of refining product features to meet market demand, communicating the right product benefits to prospects most likely to acquire the product, and then giving these customers a reason to continue to purchase it. Powerful brand names (Coca-Cola, McDonald's) are associated with products that provide strong benefits to customers, help to generate interest (attraction) and it* properly managed, sustain loyalty (retention). Brand image is a measure of customers' perception of a product. Area image is one of the first factors considered in the location decision-making process. An area with a negative or neutral image is less likely to be, included in an initial search than a competitor location with a positive image. RECOMMENDATION #12: Establish a brand image for Denton, at least within 'texas, as being a stand-alone university community with a hometown atmosphere that is close enough to Dallas to offer businesses the critical advantages inherent in being in the Ivletroplex Region. Note: The mere presence of the institutions of higher education is critical to any effort to establish the kind of brand image proposed. However, Iknton should not place undue reliance on this unique feature. Potential investors will most often be just as interested in local wage rates, for example, as university resource's. BRAND MANAGEMENT Economic City Chamber Recommendation #12 Development of of Action Items Corporation Denton Commerce Comments a. 'to compete successfully against other cities inside XX X X The IsDC would coordinate meeting with and outside of'I'exas, Denton must define, among community leaders (possibly Vision other things: members) to clearly define what Denton's What it wants to be image or brand should be. Who its primary customers are U. What will motivate these customers Meetings would focus on some o t s • positive image-enhancing iAzj by several of the Visioning • such as the environmental e stablishment of a River'l'rproject., etc, XX = Leadership role X-Participation fchruary 1, 1995 19 m • rry. .,.,r r,.... rv . .rv......... rr.......n~.m . e!~ .rvN.r.. r.Nnly: l.xp N'.~Mifli!fKSi r 1 PITH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS METROPLEX RELATIONSHIP Economic City Chamber Recommendation Ni t Development of of Action Items Corporation Denton Commerce Comments e. Make effective presentations, in-person and XX X X F,DC will coordinate a speakers' forum through written materials, to the Dallas Chamber involving the EDC board and staff, as thal highlight Denton's brand image and distinguish well as other interested community the City from other Metroplex communities. members. • r 1 e o~ XX =leadership role X=Participation February 1, 1995 18 e • ~l,t • m • r PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS BRAND MANAGEMENT Economic (lily Chamber Recommendation Nit Development of of Action Items Corporation Denton Commerce Comments b. Begin developing a revised incentives package that XX X DISD pandFi1nnatwe conomic Development office is consistent with the "brand" image of the City and I)cpartment would develop be meaningful to the kinds of businesses Denton X DENTON and propose new incentive programs and decides to target. It will be critical to include COUNTY amendments to existing kncentive policies training programs and perhaps one or two items to be consistent with the new "hrand" a unique to Denton. image. The City will call a meeting of the 'l'ax Abatement Joint Committee to determine whether changes to the existing policy will be necessary. c. Begin positioning Denton to benefit from NAFTA XX EDC would contract with PR firm to related trade through a selective advertising develop marketing campaign targeting campaign. NAFTA-related industry in Mexico and Granada, • s J og G w XX = Leadership role X=Participation Fchrunry 1, 1995 20 e a e , 95 0C9 LbLbL +gOfldaN T'PIl Ht F r Ag,o idaltem NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CW MB£R OF COMMERCE PROVIDING FOR A PROGRAM TO_____ PROMOTE THEREFOR; AND PROVIDING AN EFFECTIVE DATE E EXPENDITURE OF FUNDS I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached agreement between the City of herebyrapproved,Eor a Denton and the Denton Chamber of programomote economic development Commerce SECTION II. That the expenditure of funds in accordance with the Agreement is hereby authorized. SECTION III. That the attached agreement shall, in all respects, supercede the agreement between the City and the Chamber authorized by Ordinance 86-216 and executed on the 27th day of October, 1986. SECTION IV. That this ordinance shall become effective immeal-&5 y upon its passage and approval. PASSED AND APPROVED this the day of 1989. ATTEST: PROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i s o , • ca 0 1616E VondaNo Ageatbltoq_lj Rite THE STATE OF TEXAS § ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON § AND THE DENTON CHAMBER OF COMMERCE This Agreement is made between the City of Denton, Texas,' ("City"), and the Denton Chamber of Commerce ("Chamber") for the purpose of providing for a program to promote economic develop- ment through the joint effort of the parties hereto, who, in consideration of their mutual promises, agree as follows: 1. Office of Economic Develo pent Created. During the term of t s graement t e am bar e a ma nta n an Office of Economic Development (?'Office") managed by Director of Economic Development ("Director"), who shall be hired as a full-time employee of the Chamber to perform the duties of the Office. 2. Economic Development Committee Created. In order to promote a program or economic eve opment, t • parties agree that an Economic Development Committee ("Committee") will be established. The members of the Committee, who shall represent the diverse interests of the community, shall be appointed by the Chambers Board of Directors, but shall include one member of the City's Public Utilities Board, two members of the City Council and two employees of the City, as designated by the City. Subject to approval of the Committee, the Chamber President shall have the authority to hire the Director of Economic Development. The Chamber President shall supervise the daily activities of the Director and may terminate the Director. The Committee shall approve the appointment of the person to serve as Director of Economic Development, and shall act in an advisory role to the Director. 3. Duties of Office. The duties of the Office of Economic .►e opment shall include the following: • a) Preparation, in consultation with the Committee, of a written comprehensive Economic Development Plan ("Plan") to be a roved by the Chamber's Board of Directors and City Council. b) Performance of an annual review and amendment:, as necossnr , in consultation with the • Committee, of the Plan. (To become effective, • • any amendmenta to the Plan shall be approved by the Chamber's Board of Direete,re and the City Council.) DIMENSIONS! • ca • ~pOndzNn . r__ f C) Maintenance of a liaison with the Texas z 3 I Industrial Commission and other public and private agencies and organizations that would promote the purpose of the Plan. d) Preparation and maintenance of a comprehensive fact book and other publications that would provide information to interested persons as to the City's population, employment base, private and public institutions and facilities, and other significant characteristics and resources of the City, e) Initiation and maintenance of contact with, which shall include making presentations to, desirable industrial prospects so as to promote their interest in locating within the area. f) Render advice to the City of the progress of the Plan at such times as requested by the City. To this end, the Office will provide monthly program reports to the City through the minutes of the Chamber's Board Meetings. The Office will also present quarterly reports that include the sources of expenditure of funds, major projects, number of industrial prospects who visited Denton and industries locating iri Denton to the Denton City Council, Public Utilities Board and such other groups as the parties may determine. 4. Support Services and Fun_dliin_l. The Chamber shall provide the office space, equipment and'support staff necessary to the operations of the Office of Economic Development. The City shall provide funding as approved in the City's budget which shall be adopted on or before the 20th daq of September of each year. Of the amount appropriated for each year, the City shall pay the Chamber one-half on October let and the remaining half shall be paid on the following April lat. Thereafter, the City shall provide annual funding in the amount appropriated for that • purpose by the City Council. Any funds provided by the City pursuant to this Agreement shall be retained in an account separate from the Chamber's general operating fund and shall only be used for the purposes provided for in this Agreement. The Office of Economic Davelopme shall keep current and accurate records of all funds ® received dnd expended, which shall be subject to inspection by the City at ell reasonable times. PAGE 2 i ca • gendaPlo A6 O _ The Chamber Economic Development Office shall Z ide monthly status reports to the City on the progress of vthe Economic Development Program, which shall include a description of expenditures of the Office made with funds appropriated by the City. Annually, during the budget process, the Chamber shall submit a program budget request to the City Manager, The City shall then evaluate the progress of the Chamber Economic Development Program and, at that time, determine whether to. continue appropriations to support the office the following fiscal year. 5. Statue of Office. The Office of Economic Development created undo r t s greement shall be under the direct super- vision and control of the Chamber and all personnel of the Office shall be considered employees or agenta of the Chamber. The Chamber shall be responsible for the payment of all benefits or liabilities of such employees r agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law, and the paent of workers compeniiation premiums, The Chamber shall mairtain policies of insurance in the minimum amounts required by law to protect against liability arising from the operation of any vehicles used by employees of the Office and the Chamber agrees to defend against, and indemnify and hold the City harmless from any claim arising from any negligent act of such employees, 6. Term, Termination, Initial Pa nt. This Agreement shall bee ect.ve or a term o oneTrT year from the execution hereof, and shall be automatically renewable for successive period of one year without the necessity of any action on the part of the parties hereto, unless during any successive term, the City shall, after the initial funding provided for herein, fail to appropriate funding for any successive year, in which case this Agreement shall terminate. In any came, however, either party may terminate this Agreement by giving written notice to the other thirty (30) days advance notice, in which case any unexpended funds provided by the City shall be returned to the City. budget City shall transfer the remaining funds allocated in the t Chamber, orSuchn fundsshall Development be used fiscal only yinr ac1988-89 cordance to withe th Section 3 hereof. Executed this day of 1989. i CITY DENTON, TEXAS PACE 3 • 0 • • i)end3 Na._ agondaltom ,Alta. ATTEST: 1~ TY OF ENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY Of DENTON, TEXAS BY: DENTON CHAMBER OF COMMERCE BY: ATTEST: bECKETARY • • PAGE 4 , 'a.11 S e~.Sy{ H • ca • • F ECONOMIC DEVELOPMENT PROGRAM CITY OF DENTON/DENTON CHAMBER OF COMMERCE PARTNERSHIP FTARGETETD Y AREAS CHAMBER OF COMMERCE CITY OF DENTON RUITMENT/ Prim ary marketing and follow- Technical support and liaison ILITATION up Prospectus development Film Commission Membership Film coordinator SMALL BUSINESS DEVELOPMENT Denton Center for Small Denton Center for Small Business Business Advisory Board representation Co-sponsor seminars and networking opportunities Client referral INDUSTRY SUPPORT/ Local industry visitation. Industry visitation, BUSINESS RETEN'TION Identify and attract vendors ombudsman role and contractors Mayor's breakfasts Relocation assistance Relocation assistance DEVELOPMENT OF UNIVERSITY Research and technical Town/(sown Consortium ASSETS transfer Training grants • SITE DEVELOPMENT Identify and promote Map production • Cost analysis ofd} Infrastructure ZCC • • r • y e ECONOMIC DEVELOPMENT PROGRAM CITY OF DENTON/DENTON CHAMBER OF COMMERCE PARTNERSHIP t KEY AREAS CHAMBER OF COMMERCE CITY OF DENTON IMAGE WILDING AND MARKETING Media relations Ordinance revision Marketing materials/videos Specialized maps and publications Community profile Fact book COMMITTEE LIAISON AND/OR Economic Development Advisory Tcity eam Economic Development COORDINATION Board Marketing task force Economic Development Technical Task Force North Central Texas Council of Governments Economic Develo nt Roundtable JOINT ACTIVITIES North Texas Commission Pursue F.M. 2499 • Infrastructure planning and resource identifiration ,J • N ` p J1 :':.yft HSE. n~k~lCkOf y i _ LJ ~r L 535'' ""1 f"I r- ----i r--i r -i r. I ( N crs. ~ N 8L G. Zone I I 4 '1 Li p Stroud i 4 rj /I I - 1 m i 4 I o r o goo ~ J Zone G r o L s 4- Y1 I I 1 cr i~ -co w r Lot I-R 0 Y U) 3 , r) Owner: Denton Hauslna Autharlty ~L~ 3 / ---,~-,r- E i 1! W !X f890 e',5'13" IN 80' - 10' 44 0.5'-7-4--=3 3/4 NN7 23 6" % o Moog ~ j In t f W i i zone, G i z OT 4-R 947 51{ f z) ,~,titnr`(. Zor r r i ~ i i 5O' R-O- V E-Xis fir~R. e Sr ~'I i f  k G-35 OFE 100-Year Rood Elevation - - . _ ----►1©' son, _ 8 San.-.- _ few S 89°4f S 89°48'58" W 302.30' I I- - n P7s A H--p P Prairie St. _ - 15' San.- - - PLAN Zone Zane G IOPMENT E 1)4iTAi1.ED PLAN NO7BSr XIFST I, Lot 4-R Is oared ud will be dswlaved by lack BeIL Jr. c(Demoa, Texas. Two exktins ream bu"W will be daaolkhed aad teartved. Marmod Dsvsbprroat scaly is regaested= tbo lot. Tom sttttctcres will be b% M; so& .with of1laas the stourd }basal swu mb ca the ssocud flow. W. Bell has a S. Nods bbtary of sucow dwl sedwelopatatt and raeodelly act tbis ttaisl barboor: by~+Pa 2. Lct 4•R IsOA61 acts ochre 11» will be ad back a proodtos 23V from Pad te1a1~ S Ow and S. Lm" Mast rljAb~of wry. s w6wk is sncee thou dw- atbtCbulldbp an Illoek V (dts Mercado leans the Dsaton Comity S story bdldb o d S. Locart I a Syawaom said a am my buU&S a S. Ban) about i 3. Dewlopmad Standircit 6, All n wdev Muhncrn Baflclfy Hal& 2 Storks A asr Maximum Scdklly Ana (Tob1 o(3) 6,ODOsgA (ppsd nowofllce) R 1300 ~ (second flow aptrbnsab) 7.,. Lot 4 1.. Lot I Maxlmum Flow to Ara Ratio 6,060fA790. 2IS ~ Aw- Y i - r=~ 4. Amin: win be sbwW between Lob 4•R and SAL A wdpar joat rse 4-W - wiu be ponied by Mr. Bea, Ow owner odboth lob (md do bdAW datectt 9.- Trap S ~ L. Atkins Spot Rwpbc!nwft Restwrant; 290 sera 0 iJ3 assts • 91 Spam'. Ex. dfflos; 30375 sqA a I/300 13 10~ Na IN Lx. Reed; 323 Wt. i • New Offts; 6,000 aq.A • 1/300. 20 11, NO fa I New Apia,; -ti - I- 9 t1 18edrocm x I.SlUak 14 Total Required 146 Spada . 12. ~ Q r Nibs Spam Ptovwe& Standard Si 130 Spada trfdtr 14 13r Pt* lCietdlap Taal Provided 131 Spada kR me 1 A i 1r.L ~ i i-~- I I I ~ t i i W v t ~ R Z 1" F Fti s~q~+♦i a ts't 1 a A a. 1. rat: '.u ~f.. CITY COUNCIL AGENDA PACKET 's-7-95 • r rv+Y _~+1 r - I I- ~ • Ap1AdENo _C? -Q, AGENDA Agllldd~tM►-- CITY OF DENTON CITY COMICIL Date March 7, 1995 ~~{1 J Closed Meeting of the City of Denton City Council on Tuesday, March 7, 1995 at 5:15 p.m, in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE R.5HT TO ADJOURN INTO f CLOSED MF'.TING AT ANY TIME REGARDING "1Y ITEM FOR 'RICH IT IS i LEGALLY PERMISSIBLE. 1. Closed Meeting: A. Legal Matters Under TEX. GOb,T CODE Seo. 551.071 1. Consider responses requests for bids ~.'rom attorneys desiring to stained to evaluate clr w against GTE for deli: .4 t franchise fees. 2. Consider settlement demand in the alai )f Masin. Price. B. Real Estate Under TEX. G( T CODE SP' ,51.072 1. Consider lease with Mone~: Irc , Inc. of Union Pacific and Rails-to-Trails r2.gnt-of-way. 2. Discuss possible amendment to leases at Denton Municipal Airport. 3. Discuss the acquisition of property for expansion of the City's landfill. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Consider performance evaluation and pay adjustment for the Senior Assistant City Attorney. Work Session of the City of Denton City council on Tuesday, March 7, 1995 at 6:00 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: • NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the city Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a work session, the City Council generally receives informal and preliminary reports and information from City • staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the sessio.i. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to thm City • O , ~ tel. S'S~S ~ ,a ♦ W r City of Denton City Council Agenda a" March 7, 1995 AP*I Page 2 i Zda Council, prior to the beginning of the session, a written report regarding the citizens opinion on the matter being explored. Should the council direct the matter be placed on a regular meeting a the p.,)-csed genda, the staff will generally prepare a final report defining prior to `Le regular mewhicji eting at will which a citizen available is sought. The f purpose of this procedure is to allow citizen' attending the regular m sting the opportLnity to hear the views ~F their fellow ci`+zens althout having to attw d two meetings. 6100 p.m, 1. Receive a report, hold a discussion and give iff direction regarding the proposed workplan for econor development strategy implementation, 2. Revie of the City of nton Fiber optics 9 em Financial Plan ,d Proforma. Regular sting of V- on Cit 1995 at 70 y 21o E. McKinney, Denton, Texas at,which nthe following items twilllbe considered: 1. Pledge of Allegiance 7:00 p.m. 2. Consider approval of the minutes of January 24, February 7, February 14, and February 21, 1995, 3. consider a request by the Denton Arta and Jazz Festival for an exception to the noise ordinance April 29 and 301 1995. 4, Resolutions of Appreciation A. Consider approval of a resolution of appreciation for State Representative Mary Denny. H. consider approval of a resolution of appreciation for State Representative Hurt R. Solomons, C. Consider approval of a resolution of appreciation for State Representative Jim Horn. D. Consider approval of a resolution of appreciation for Stata_ Senator Jana Nelson. , E. consider a r pproval of a resolution of appreciation for a State Senator David Sibley F. Consider approval of a resolution of appreciation for State Senator Tom Haywood. S ;a 1 O • City Of Denton City Council Agenda ~IAdRNQ March 7, 1995 ftto Page 3 Uate b 5. Citizens Reports d~ A. Receive a citizen report from Joel Bessire revuesting a cha, , an ordinance " allow pot bellied pigs in the City. 6. Public Hearings A. Hold a public hearinc and consider adoption ct an --diva: s amending Je-1 nns 35-76, 35-'' and 35-301 of ze Cod- of ordinances lets the def nition of "off- y_ irking incident the main use", delete same ,am tt table of perm: no& ind provide a list of ermiti d circumstance. h, r1lant ng and Zoning ommise,on recommends ati rova B, old a 1ubl. hearing and c. as doption a! an .dinance re: ling .66' acres ..am Commercial ,J) istrict to A llanned r alopment di, ~t and ado.;-..itg A-' ° The . in located , ueen L: t at-* 'I?'; OLL"B13Lb, Approxiw. .Ly 140 feet north of rrc ris street. (The Planning and Zoning Commission recomr~ approval 5-0.) 7, Consent Agenda ` Each of these items is recommended by the staff and approval f thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the city Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 8.A, 8.8, 8.C, s.D). 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. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, j the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: • 1. Bid 11697 - Distribution Transformers • • 2. Bid 01731 - PVC Conduit and Accessories 3. Bid #1711 - Morse Street and Gardenview sidewalks 4. Bid #1724 - Neighborhood Park Playground Construction 5. Bid 01729 - HVAC Renovation 6. PC 053295 - Motorola 7. Check Requisition - Department of Army Corps of Engineers `p0 • p City of Denton City Council Agenda ApWaNo~„~,~;. 1 March 7, 1995 AWdall Page 4 Date 47 ~j _ B. Tax Refunds 1. IBM Credit Corporation - $992.12 8. Consent Agenda Ordinances A. Consider adopt of an ordinance accepting competit.ve bids and aware contract for purchase of materials, equipment, sr )1, or services. (4.A.1, - Bid 01617, 4.A.2. - Bid i73. Consider ad, ;ion an ordinance rccepting eompeti ea d bids and pr tiding for the award of -)ntracts for pu-.Li 1 . works or it rov nents. (4.A.3. - Rik x1711, 4.A.4. - W d 11724, 4.) 3. - bid ,01 29) C. Consider of n ordinanc. providing for the expendit a of fu, it purchaa of materials it equipme which a,.j nilable f.- one source In accords a with the pi 'sions of t, •e law examp .19 such !ihasas from re •ements of hetit.ive ,s, (4,A. ;53295) 0. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by the City for operation and maintenance fees at Lake Pay Roberts as per cont.ect agreement with the Department of the army Corps of Enki veers. (4.A.7. - Check Requisition) 9, Ordinances A. Consider adoption of an ordinance ordering an election to be held in the City of Denton on May 6, 1995, and, if a runoff is required, on June 3, 1995 for the purpose of electing councilmembers to Places 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election officials; providing for bilingual notice of the election; and ordering that the punch card electronic voting system be used. B. Consider adoption of an ordinance leasing Union Pacific and Rails-to-Trails right-of-way between Prairie and Sycamore Streets to Monex Resources Inc. to extradite unloading of rail cars. A C. Consider adoption of an ordinance approving the mutual termination by the City of Denton and Bruce Brown of the "Tract C" lease of airport property, said property consisting of 33,541,20 square feet and repealing Ordinance No. 94-229. i 1 i „4 • ,qF r City of Denton City Council Agenda igedaNo 00 9 March 7, 1995 4gendalt Page 5 Date 15 S~, b l0. Resolutions A. Consider approval of a resolution recognizing the need for a new Federal Income Tax Credit to encourage the rehabilitation of older buildings for homeownership. (The Historic Landmark Commission recommends approval.) B. Consider approval of a resolution authorizing the City Manager to execute a ground lease agreement between the City of Denton and John K. Selvidge for approximately 0.615 acres of prop9rty located at the Denton Municipal Airport. C. Consider approval of a resolution postponing the April 9, 1995 City Council meeting to April 11, 1995. 11. Consider nominations/appointments to the Juvenile Crime Interagency Coalition. 12. Consider a nomination to the Keep Denton Beautiful Board and the Traffic Safety commission. 13. Vision Update 19. Miscellaneous matters from the City Manager. 15. official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 16. Now Business This item provides a section for Council Members to suggest items for future agendas. 17. Closed Meetingt f A. Legal Matters Under TEX. OOV'T CODE Sec. 551.071 B. Real Estate Under TEX. OOVIT CODE Sao, 551.072 C. Personnel/Board Appointments Under TEX, GOVT CODE Sec, 551.079 , N • • 1 ~ ..r.r+..~.a~.W-~.~ y .a ,y:~.:.... -.r.-.::- N tY y e `~'.X, .~i. #~rfil• y ~ • r~~ r"'~. .r t k ~ 4 `le'i i S°T' S "t, » ti... S:t i . i3 ~y t< •a .ski Yr 47 * s ~~~4 ~ Far ~ f ~4 r r z Fa ~ sP 5TM ~ wA N ~ I ::a'a 5 7 3 t~ i t+ t: rzesa t. a, n a.wr:v~~...'AiY7i6 • 'Ir ,go* No City of Denton City Council Agenda March 7 t 1995 agenda~te~►t,' Page 6 latF ! ~ blob C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Taxas, on the day of , 1995 at o'clock (a.m.) CITY SECK"Ul NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY#S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-1ELAY-TX 80 THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AC000256 s i 4¢ P% hr t y~ ~my e }fit fi\ tl . • _ a • - - - - - - - - - - - - - - X YTY COUNCI ~ M f r ~ 4 1 ~f ~h ro. pp0 G e Ai . O 4^.M~, ~~i~~."i ltd *~'pY Y*.N6^c,y~ srs E'74;* ~ { ~j5y i1F° y4 ~ S~ h ..~49 5 3 ak 1 '2 x^~ 22F~~°d Ye 1 r sy # iF ~ Z k W i A YK~)9:IbfIF~.kM.~r- ~o~aai 06 3 WY of DENTOM, TEXAS MUNICIPAL BUILDING s2 15 E McKINNEY • DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2629 MEMORANDUM DATE: March 3, 1995 ' s TO: Mayor and Members of the City Council FROM: Betty McKean, Executive Director ' Municipal ServiceslEconomic Development ' SUBJECT: Economic Development Strategic Work Plan 'ro assist in preparation for our March 7 work session discussioi, r egard!ne our response to the recommendations made by PHH Fantus, we are providing the following materials: Attachment I Copy of our 1989 partnership agreement with the Chamber of Commerce Attachment 2 Chart of key economic development areas with regard to the responsibility and roles of the Chamber and City. Attachment 3 Current list of the Economic Development Advisory Board Attachment 4 Copy of Chamber's Economic Development budget Attachment 5 List of Chamber task forces already charged with addressing Fantus recommendations Please let me know if you have any questions on this material or if you wish us to provide additional information, A • ! etty McKe xecutive rector D Municipal Services/Economic Dtvil6pment y "Dedleated to Quality Senlce" lpt y~arr~ • - a • • PHH FA'.' uS OMPETITF, F, ANALYSIS ,EC,MMENDAT: iS Ia ECONOMIC DT jELOPMENT STUCTURI With the economic elol ment landscape dramatically gin,„ a more focused, wcll•fun. ..gii rt is required to maintain a solid, dt._ Ac pace of developm in the face of strong competition a egi,,nal, national and even international basis, A fate funding has been unavailable to program. Also, i conomic Development Advisory frd (':DAB) is unnecessarily large, and communic a between staft'and board has not bec- especially strop RECOMMF ATION MI; Revamp the Comic development program throur ata',tishment of a new organization me raising and expenditun setting appropriate expectations and managing to them, e• fat av on brand-building. ECONOMIC DEVELOPMENT STRUCTURE: Economic City Chamber Recommendation kl Development of of Action Items Corporation Denton Commerce Comments a. Streamline economic development program by XX X City staff will coordinate meetings reducing size of EDAB to perhaps the five between City Council and the Chamber individuals who the City Council would ultimately Board to determine the appropriate size of appoint to the Economic Development Corporation the new Board and to appoint new EDAB (i DC), _ members, b. Build an ongoing strategic planning process within XX The new EDAB will develop a new the E DC that anticipates and analyzes strategic plan, developments that effect Demon's competitive f position. Attendance at trade shows and traditional advertising should have a limited place in Denton's overall economic development • campaign, + i i I ~ t XX = Leadership role X=Participation Februury 1, 1995 1 • PHU FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS ECONOMIC DEVELOPMENT STRUCTURE RECOMMENDATION M2; PHI{ Fantus Consulting recommends that Denton consider adopting the economic development sales tax and raising the local sales tax one-half cent, as is allowed under low, and to earmark the revenue generated strictly for economic development activity such as attracting new business, assisling expanding enterprises, and creating newjob opportunities. ECONOMIC DEVELOPMENT STRUCTURE Economic City Chamber Recommendation 02 Development of of Action Items Corporation Denton Commerce Comments a. Lay groundwork for adoption of the economic Z City Council must determine whether to development sales tax, fund the economic development effort with a new 1/20 sales tax or by other Wermine whether to fund program with XX methods. 11'an election is called, the 1120 sales tax / Chamber would then take a leadership role in marketing the campaign. City Voter marketing campaign / XX support would he critical. K If raising the sales tax is not considered feasible, an XX X City Council must determine the level of economic development corporation could still be funding needed to support created as an independent structure utilizing development effort and investigate ~~mt~ contributions from various sources. alternate funding sources, In thinking about the structure, attention must also / be paid to the neces.:ary budget for EDC. Surveys 0 indicate a community of Denton's size should have economic development expenditures of approximately $200,000). WQ C~ XX = Leadership role X- Participation February I, 1995 2 3 k K • • rv. «....~q .tYH.orIwMtJ91M3}'/' PHH FANTUS COMPETITIVE ANALYSIS REC' AM! v''%ATIONS EDUCATIONAL ASSETS The presence oftwo major universities, the North Texas Research Institute ,NW ttf i, and North Centrai 'texas College, is a unique attribute of Denton's that can he used to create econoinic development opportunities, serve as a lure to po,ential industrial prospects, and help solidify the City's brand image. RECOMMENDATION 03; Better leverage the assets that most distinguish Denton from competitor locations-- its institutions of higher education and its university city setting and environntcnt. EDUCATIONAL ASSETS Economic City Chamber Recommendation M3 Development of of Action Items Corporation Denton Commerce Comments a. Ongoing activities involving members of the x XX X City will contact Chamber, universities university communities and the FIX must be and college to arrange initial meeting. instituted. Underlying these activities should be ]the The " City/Susiness/University Horum" principle that the City and universities can benefshould consist of Mayor and/or one or each other. more City Council members, one or two business community representatives, and Note; This action item can begin prior to at least one representative from a higher establishing EDC. education institution. Each organization would determine its own representative. • h. The existing Town/Gown Consortium program XX X The EDC will assume coordination and should be publicized more and perhaps expanded. facilitation of this group, The El A convened panel o1' EDC and university look at expanding the activities of representatives should define an arproach with Consortium and promote its activi ies. schedules, committees, etc. c. I lightight the universities and their strengths, XX X The EDC will highlight the unive through events like a national music festival at and associated benefits in its mark lJN'1'. program. The Chamber will agg promote and support university Be s, XX = Leadership role X= Participation e February 1, 1995 3 5 P7~~ 'L kfl 'X+~f • • • PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS EDUCATIONAL ASSETS Economic City Chamber Recommendation M3 Development of of Action Items Corporation Denton Commerce Comments d. Institute a join) economic development effort,Hith XX X The FDC would identify and coordinate one or more of the institutions. the implementation of appropriate joint NTRI could serve as a linchpin for such an .Kart efforts with UN'T, given its stated mission of enhancing the University's interactions with the business community. e. Convene a forum for discussion between university XX X X The EDC would coordinate a task force officials, public officials, and business leaders to consisting of representatives from the identify one or Iwo potential growth sectors that universities, public officials and business piny off of existing university strengths or areas in leaders to identify potential growth which the university would like to move. sectors. One example could be leveraging ONT's excellent accounting program to lure back- offices of major accounting firms. Consideration could be given to establishment ofa aniversily-related research park. • f. Create a joint task force to pursue any such targeted XX X X The EDC would chair the "growth growth sector(s). This effort could include, among sectors" task force, and each erganiration other things: would appoint their own member Working with state officials and local banks to m make seed money available • Establishing a center at the university that could o • serve as the fo<ol point for development of the U} I sector and attr ~csion ofexperts/labor. Considerution of the'fl fiicilky or other available land as a possible center for this effort. I XI XX = Leadership role X=Participation February 1, 1995 a • 0 • a • • .la ..o.,....~.. _ . .,...-..w.-...~.......rr..we•n+N+fM 4G W5YM\T. (r PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS EDUCATIONAL ASSETS Economic City Chamber Recommendation #3 Development of of Action Items Corporation Denton Commerce Comments g. Design a public relations program that x XX The universities would become a major simultaneously enhances the universities' respective component of the public relations and images and Denton's brand image. marketing programs to be developed once the "cluster analysis" is completed. Include major references to the universities in XX new economic development materials created by the F/D Corp, especially regarding the top- class programs such as UNT's accounting and TWU's nursing and physical/occupational therapy programs. Leverage UNT's intercollegiate sports XX X participation in the NCAA through an infomercial that could be produced and shown during NCAA broadcasts and target advertising in communities in which UNT teams will perform, etc. Jointly sponsor events such as conferences or XX X symposia, intended to bring decision-makers from targeted sectors into Denton, ~ c l t XX = Leadership role Warticipation February I, 1995 5 .+.+w....+.-»......w...y.~w.... y ~ r.~.rr~Yi~fiYfr: i. .~ti...-. r ''1 • • kC iT1Ri, N!' ie PHH RANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS RECOMMENDATION A4: Hnsure that Demon's high quality, ample workforce remains a critical asset to existing businesses and a lure to new investment by providing training opportunities and linking businesses with programs provided by the educational institutions. EDUCATIONAL ASSETS Economic City Chamber Recommendation k4 Development of of Action Items Corporation Denton Commerce Comments a. Denton should work with the institutions of higher XX X X The EDC would coordinate a task force to education, including NCTC, to identify existing identify training needs. The task force training programs and to project skills needs of would include representation from LINT, business for the foreseeable future, and structure TWU, NCTC, and DISD. new programs that will produce future workers for those skills. b. Make arrangements with these institutions to XX UNT, TWIJ, and NCTC already provide develop customized training packages for newly- customized training. The EX would arrived businesses and existing employers. work closely with these institutions to put • in place those training programs that have been identified c. Given foreseeable cutbacks in government funding XX The task force would include pubs and programs, Derton may want to target the sector workers when identifying workforce employed in the public sector to ensure developing training programs, • their continuing employability, XX = leadership role X=Participation Ychruary 1, 1995 6 _ 11 [ ai t r x E Y 1 Sri } # ''~Y+.j "rvP L'a P ! {1{`i'S~ ~ 4~.7p i' s r i 1 f E h 'f} w 1.v r\ f~ * a Y C, S h • 4GlMIANX,IIMPa.ONUMV'wrlNN.n.fM«M+laMasieciuapyr. wrwMn~, n.maMr.servw✓r. r.a ww w.... ..r.sr.aMm.rvir.v M+wrWMM.warw+w+e4VMaMMY ,r ...tee 1. i.~lti[ PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS EDUCATIONAL ASSETS Economic City Chamber Recommendation M4 Development of of Action Items Corporation Denton Commerce Comments d. The Denton ISD has leadership that seems attuned X XX The Chamber of commerce existing to the need to establish an effective relationship Workforce Training TaskForce will meet with area employers, although potential clearly with the DiSD to Identity training needs exists for vocational afucation programs that go of Denton's ittture workfarcea beyond the current adopt-a-school approach, The City and Chamber should devote more energy to working with the Denton ISD on programs that train high school students for positions that local businesses will need to fill. Models exist in a number of other jurisdictions, R J oQ I XX = leadership role X-Participation 1 February 1, 1995 7 y • CIO PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS 4 t REGULATORY PROCESS Any community of Denton's size will suffer from some friction between municipal officialF and regulatory agents on the one hand and tite business community on the other. To the extent that they are unavoidable, they should nevertheless be minimized and addressed through appropriate mechanisms. Rased on our research, we believe that the problems that do exist are relatively minor and within reach of solution. The perceptions of the magnitude of the problem far exceed the actual severity. So long as there are problems and tensions in this arena, or the perception of such, Demon's economic development initiatives will be negatively affected. RECOMMENDATION M5: Establish an oTective mechanism for continuing dialogue between city officials and business leaders regarding the regulatory process. REGULATORY PROCESS Economic City Chamber Recommendatlon 05 Development of of Action Items Corporation Denton Commerce Comments a. Utilize the existing Chamber Local Relations X XX Chamber Local Relations committee will commillee as a conduit for discussions or establish initiate discussions with top city and a new lbrum that includes top city and business business officials. officials. It is essential that the group meet al least once per month to ensure immediate response to "hot button" issues. b. Municipal officials must be more effective in XX City Manager and Executive Director of publicizing some of the reforms that have occurred Planning will meet to discuss po I and that will occur. Examples: Ongoing erforts to customer service training opportu feet establish a stronger customer service orientation and look at initiating creative and have already been initialed and the platting process development procedures • has been streamlined. XX = Leadership role X=Participation S February I, 1995 li ♦ r PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS REGULATORY PROCESS Economic City Chamber Recommendation its Development of of Action Items Corporation Denton Commerce Comments c. Ensure that regulations/ordinances and the XX X The Planning Department will solicit processes associated with their promulgation and input from area developers and begin implementation are calculated to bring the kind of reviewing existing regulations and development favored by the public. ordinances to idnntlfy those regulations Keep in place regulations/ordinances that serve that could be made more "user friendly." the long-term interests of the community, such as beautification measures. d. Support development of a one-stop permitting This individual would be introduced to process and/or creation of an ombudsman position existing business owners through to ensure cooperation with business. An newspaper stories, public appearances, ombudsman can help businesses avoid interaction etc. with city departments with which it has been difficult for some businesspersons to work, This will help keep Denton competitive with other Texas communities, City Manager should appoint a temporary XX The City Manager will appoint a Ombudsman who will help business prospects temporary ombudsman. obtain necessary permits and approvals. Position would be replaced whon E/D XX The new EDC omhudsman will m " Corporation established. open dialogue with City staff to the ombudsman goals. t , Q t i XX =Leadership role XAParticipa;ion Februnry I, 1995 9 ~ S All b 0 rt } Y 1NNNyyy F O ~ { t r 4 PHH >'ANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS REGULATORY PROCESS Eco! vmk City Chamber Recommendation #5 Development of of Action Items Corporation Denton Commerce Comntteh e. initiate discussion between City Manager and XX The City Manager and Executive Director Planning/Zoning Director to clearly define goals of of Planning will determine specific goals all chy regulatory/development operations effecting to improve the developmmtt process, the business community and ensure indoctrination Among those goals will be customer of the customer orientation in all city regulatory service training for staff agency staff. • • t ~ XX = leadership role XmPerticipation February I, 1995 10 , ~ . . at}ra 01 J i, A PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS BUSINESS NETENTION Greater emphasis should be placed on meeting the needs of existing businesses and creating conditions conducive to their expansion. RECOMMENDATION #6t Adopl an account management process, geared towards retention, that focuses on anticipating customer needs, addressing them as quickly as possible, and encouraging expansion activities of existing businesses. BUSINESS RETENTION Economic City Chamber Recommendation #6 Development of of Action Items Corporation Denton Commerce Comments a. ['he E DC should assign "account managers" {one XX The Account Manager would be a staff or two individuals should be adequate) for the sole position in the new EDC, focusing his/her purpose of meeting with the management of lime on business retention and expansion, existing businesses to understand their needs and The Account Manager would become the concerns. 'Me account managers must; "local expert" on existing business needs lie able to identify potential problems before and would work closely with City and they become real or magnified, university officials to promote cooperation with Denton businesses. Lobby to build cooperation and customer focus among government agencies and other institutions (i.e., universities) with a stake in helping business succeed in Denton. b. The internal system of resources should be XX After establishing the Account Mana#er continuously adapted and improved to ensure that program, the EDC will continual y M%evj each resource is designed to most fully support the resources to improve the progran li account management effort. to meet business needs. W XX = Leadership role X-Participation February I, 1995 I I ti A , , 1 31 try • ..m.~ ~ ~n.,y.. nw.wwwa+aw+e.aWY/fi1KIC4A15 PHH FANTIJS COMPETITIVE ANALYSIS RECOMMENDATIONS "CLUSTER" ANALYSIS Position Denton in a way that is most meaningful to the businesses likely to consider locating in the city. RECOMMENDATION #7; Perform thorough analysis of manufacturing activity in Dallas, Tarrant, Collin and Denton counties to identify customers/suppliers of existing businesses - "cluster analysis," "CLUSTER" ANALYSIS Economk City Chamber r 11 Recommeedstlon 07 Development of of Action Items Corporation Denton Commerce Comments a. Perform thorough analysis of manufacturing XX An outside firm such as Famus, M's activity in Dallas, Tarrant, Collin and Denton Center for Economic Development (Bud counties to identify customers/suppliers of existing Weinstein) or Insight Research could businesses "cluster anaiysis." perform this cluster analysis, b. Target media advertising once the economic XX A public relations film may be enlisted to development program has segmented the market develop a media campaign once cluster and determined the ]rinds of businesses that should analysis has been completed. be recruited. c. Target whitc-collar businesses for relocation to XX White-collar businesses will be included Denton, in target market, I a[I 1 XX = Leadership role X=Participation February 1, 1995 12 4r t i 1 • r • . . ....,:..,............,.a.w,~+w.y>.rovsKSwra~rnf91MrY4li PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS INDUSTRIAL SITES/INFRASTRUCTURE Denton must have developed sites available to meet the needs of businesses, Currently the city not only lacks spec buildings and fbllyserved lots but is not even in a position to discuss the price of land with customers. Development or a business park, likely in the western portion of Denton, would be one measure that would enjoy near universal support in the community and would serve as an important cornerstone for Mature economic development. If done correctly, it would address the need for fully served sites, Note: Even if Denton makes the above infrastructure enhancements, rapid development will not necessarily follow. The kinds of development Denton seeks may still be several years away. RECOMMENDATION M., Enhance the Denton product by, among other things, imps wing infrastructure (especially available sites and buildings) that will assist with the attraction of new business. INDUSTRIAL SITES Economic city Chamber _7 Recommendation 08 Development of of Action Items Corporation Denton Commerce Comments a. Conceptualize a business park, perhaps based on x XX x City would initiate site selection and the STAWI'1TC vision, and identify an appropriate infrastructure improvements discussions, financing mechanism. as well as possible funding. • h. Develop spec distribution center either as a stand- X XX X Discussions regarding a distribution alone facility or as part ofa business park. center will be included in initial discussions. t r • .CI XX = Leadership role X=Participation hehruary 1, 1995 13 ~ '~"~4 ~ of y. y tt' #•x 1 ~ is ? i~ r . rww.Na weawKrw~Ry/{(LTn' PHH FANTUS COMPETITIVE 4NALYSIS RECOMMENDATIONS INDUSTRIAL SITES Economic City Chamber Recomwendstlon N8 Development of of Action Items Corraration Denton Commerce Comments c. Obtain market prices for the available parcels of XX X X land so as to be better able to market them. Accomplish through; Personal contacts with landowners by 'The EDC would estabiisb on-going prominent Dentonians, as part of a coordinated working relationships with industrial site campaign, to make clear to them t he value (to property owners them and the City) of establishing a market for their land, Periodic social/business events that could be FDC stafTwould invite property owners sponsored by the Chamber and City to which to major social/business events. the landowners could be invited. d. Increase efforts to find a purchaser/occupant for thr XX X X The EDC would work closely with Texas Instruments facility: Trammell Crow and Singswanger to determine additional marking possibilities. FDC would include the'rl r building in appropriate marketing campaigns. b VJ XX = Leadership role X-Porticipation February I, 1995 14 y , • 1. ~ • • PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS RECOMMENDATION 99; other infrastructure improvements ure necessary to better position Denton i .i growth, i,c., the roads near Denton Munich al Airport must be increased in number and/or improved. INFRASTRUCTURE Economic City Chamber Recommendation N9 Development of of Action Items Corporation Denton Commerce Comments a. A new effort should Ix made with the'rexas X XX X The Deputy City Manager and highway Dept to add a new entrance/exil ramp on Engineering Department will coordinate a 1-35 near the Municipal Airport. new campaign to improve access to the airport which will include invohement of Denton businesses. b. To alleviate road congestion, iat may occur from X XX City will develop inventory of streets establishment of new businesses or expansion of needing imlitovemeni along the 1.3511 existing odes along the 1-35F corridor, Denton corridor and look at possible funding planners should begin considering road sources. improvements and additions that may be necessary, such as repair of Teasiey Lane. • c. To support financing for infrastructure X X XX The Chamber will begin discussions with improvements, Denton should actively consider a the various not-for-profit organizations. plan that would require the City's large not-for- Legislative changes may be requir10. I profit entities to make payments in lieu of taxes specifically dedicated to economic dt -lopment. • d. Strong consideration should be given to the X XX X the City will lead discussions and u ~t • recommendations of the Visioning Transportation research alternate transportation m City. such as development of alternate i.e., mass transit. transportation modes. XX = Leadership role X=Participatlon r~ February 1. 1995 I5 • O • • r f _i i..-..e..... ..i. .....v-rv...rN..Y. .r.. rr.yM N.•.~lYal.. .:if.li. it F t PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS t AIR QUALITY RECOMMENDATION 1110: Because Denton is part of the four-county non attainment area for air quality, municipal officials, in concert with the business community and other cities in the non-attainment area, should work to limit the capacity for that designation to harm economic development efforts. AIR QUALITY Economic City Chamber Recommendation #10 Development of of Action Items Corporation Denton Commerce Comments a. A strong education program should be launched in XX X The EDC would coordinate the campaign, coordination with North Texas Air Coalition to along with the Chamber's Denton Clean make Denton area residents aware of the adverse Air Coalition. economic impacts and health hazards resulting from continuing status as a Moderate Non. Attainment Area or becoming a Severe area. b. Expanded mass transit offerings can be considered. XX X The City will lead discussions and further The s i'ARTEC vision included construction of a research alternate transportation modes, monorail and, whether or not the business park i,e., mass transit. • becomes a reality, such a transportation asset could be developed--for example as a substitute for more access roads to the Municipal Airport. is z J ~ C71 ~ dq. t I i XX = Leadership role X=Participation February 1, 1995 16 ..iY i y i ley re" 1 i♦ fad ~ , t r- a PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS METROPLEX RELATIONSHIP Efforts to lure businesses from Dallas to Denton are not in the long-terns best interests of the City. 'rhe fact is that the decline ofthe major city in any region l usually precedes a difficult-lo-reverse loss of attractiveness of the region as a whole; Detroit is a classic study of this phenomenon. RECOMMENDATION #11. Increase Denton's visibility within the Metroplex and cement ties with the Dallas Chamber of Commerce. } MFTROPLEX RELATIONSHIP Economic City Chamber Recommendation #I I Development of of Action Items Corporation ento Commerce Comments D n a. Advise the Dallas Chamber when Dallas area XX X F[x will develop cooperative businesses contact Denton regarding relocation. relationship with Dallas Chamber and apprise them, whenever possible, of potential relocations. b, Work with Dallas Chamber to identify buin XX FIX will meet with the Dallas Chamber planning to leave Dallas that might be peon an on-going basis to determine remain in the tvletroplcx by moving to Depotential Denton relocations. c. Become involved in Dallas and national rXX F[K would expand on curcent organizations involved in commercial leainvolvement with Dallas area real estate organizations. d. Fncourage local public oflicials/citizens/bXX X X FDC will enlist individuals from I leaders to actively seek appointment to appropriate sectors and encourage metroplex policy-making or representative bodies in the involvement, i.e. North'1'exas Dallas/Fort Worth area. • Commission and chamber mem s, ~ O~ W XX =Leadership role X=Partlcipatlon S ~ February 1, 1995 17 p S f I i PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS BRAND MANAGEMENT Brand management is the process of refining product features to meet market demand, communicating the right product benefits to prospects most likely to acquire the product, and then giving these customers a reason to continue to purchase it, Powerful brand names (Coca-Cola, McDonald's) are associated with products that provide strong benefits to customers, help to generate interest (attraction) and if properly managed, sustain loyalty (retention). Brand image is a measure of customers' perception of a product, Area image is one of the first factors considered in the location decision-making process. An area with a negative or neutral image is less likely to be included in an initial search than a competitor locution with a positive image. RECOMMENDATION N12: Establish a brand image for Denton, at least within Texas, as being a stand-alone university community with a hometown atmovphere that is close enough to Dallas to offer businesses the critical advantages inherent in being in the Metroplex Region. Note: The mere presence of the institutions of higher education is critical to any effort to establish the kind of brand image proposed. However, Denton should not place undue reliance on this unique feature. Potential investors will most often be just as interested in local wage rates, for example, as university resources, BRAND MANAGEMENT Economic City Chamber Recommendation 012 Development of of Action Items Corporation Denton Commerce Comments a. To compete successfully against other cities inside XX X X The EDC would coordinate meeting with and outside of Texas, Denton must define, among community leaders (possibly Vision other things: members) to clearly define what Denton's What it wants to be image or brand should be. R? e Who its primary customers are - What will motivate these customers Meetings would focus on some o - positive image-enhancing ideas c qc e by several of the Visioning task f r~ ti such as the environmental Model ' t establishment of a River Trall/Q project„ eta .D XX = Leadership role X-Participation Fchruary I, 1995 19 ....n~~......,......r.y.r.,...., . ~ ~ ~..r....wm: ' -:M :n..4ir° i , , ~a' ~i ,Jl~ l t~ a 1~al ; A r f 4 , 1 Li 1 J p k Rti i ~ to ,f~; vlK~~~?t4^d,~1,Jt. ~r,l ;t~~'; 1 !~Sl4~rk~~~✓:~ d' 1 b Y e Y l ry ~ x S L~lfn ' ~ .l Site r • „ ,.::?ti:il.'YY.;.'4JtR1k9Wfl14POA,~,9A*'.4RV.maMett'caroA+e/nafanr:wnw+.y+r:~~wnuw;w.ww.~....,...,.....».......«.............«......«w~~.w.....w....nw.ww.L•.«..w...+:u..~»+«+wr,w+rrlMSfl ~-~'i~.; PHH F'ANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS METROPLEX RELATIONSHIP Economic City Chamber Recommendation #1 1 Development of of Action Items Corporation Denton Commerce Comments e. Make effective presentations, In-person and XX X X F.'DC will coordinate a speakers' forum through written materials, to the Dallas Chamber involving she EDC board and staff, as that highlight Denton's brand image and distinguish well as uther interested community the City from other Metroplex communities. members. 1 1 • XX =Leadership role XdPartfcipatlon February 1, 1995 Ig, . ~r~.r.uNIWYiM11l 'k vl¢1W p ~ ~ ~ Vt.*+t htr~x~~d~ h s sT x ~F4 f ~'y y,t tFi't~$Cy.+~~~ S t ti a d Fr 1 x2:;F{w.Ylr V S• f '3xTl{k i~1 r'txi.311 b w _ f • •1..'.: ~.'I e. 1i1N1 M.I I.I1M1ly'.YwIIMMNwu. PHH FANTUS COMPETITIVE ANALYSIS RECOMMENDATIONS BRAND MANAGEMENT Ecunomle City Clamber Recommendation #12 Development of of Action Items Corporation Met" Commerce Comments b. Begin developing a revised incentives package that XX X DDSD The City Economic Development Office is consistent with the "brand" image of the City and and Finance Department would develop be meaningful to the kinds of businesses Denton X DENTON and propose new incentive programs and decides to target. It will be critical to Include COUNTY amendments to existing incentive policies training programs and perhaps one or two items to be consistent with the new "brand" unique to Denton, image. The City will call a meeting of the Tax Abatement Joint Committee to determine whether changes to the existing policy will be necessary, c. Begin positioning Denton to benefit from NAFTA XX EDC would contract with PR firm to related trade through a selective advertising develop marketing campaign targeting campaign. NAFTA•related lad natty in Mexico and Canada, • ~ i B ~ N J w XX m Leadership role X=Participation. February 1, 1995 20 f 1 • ~ ..1 ~ tl ,•I fat l~l .ihlY~~i'?r. ~ i 0 • 5-009 L6 ibL ~yentfaN~rrncsrsrrrr.~__ Apontlalt Rite NO. L AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE J)ENTON PROMOTE ECONOMIC DEVE OPMENT;; AUTHORIZINGINTHEO EXPENDIOTURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached agreement between the City of programram topromote economic development is hereby approved. SECTION II. That the expenditure of funds in accordance with t a greement is hereby authorized. SECTION III, That the attached agreement shall, in all respects, supercede the agreement between the City and the Chamber authorized by Ordinance 86.216 and executed on the 27th day of Octobi+r, 1986. SECTION IV, That this ordinance shall become effective £mme2rate" T upon its passage and approval, PASSED AND APPROVED this the day of~ 1989. fI•' I ATTEST: i PROVED AS TO LEGAL FORM: DEBRA ADAMI D?kYOVITCH, CITY ATTORNEY r BY: • m • r1 L 616EendaNo. (ALL _ A~Qntlaliein,{~ THE STATE OF TEXAS § ECONOMIC DEVELOPMENT PROGRAM THE OF COUNTY OF DENTON § RAND THE DENTONECHAM BERI F COMMERCEN This Agreement is made between the City of Denton, Texas,' ("City"), and the Denton Chamber of Commerce ("Chamber") for the purpose of providing for a program to promote economic develop- ment through the joint effort of the parties hereto, who in consideration of their mutual promises, agree as follow, 1. Office of Economic Development Created. During the term of t s Agreement, t e am er shall ma nta n an Office of Economic Development ('Office") managed by Director of Economic Development ("Director"), who shall be hired as a full-time employee of the Chamber to perform the duties of the Office. 2. Economic Development Committee Created. In order to promote a program or economic eve opment, t a parties agree that an Economic Development Committee ("Committee") will be established. The members of the Committee, who shall represent the diverse interests of the community, shall be appointed by the Chambers Board of Directors, but shall include one member of the City's Public Utilities Board, two members of the City Council and two employees of the City, as designated by the City. Subject to approval of the Committee, the Chamber President shall have the authority to hire the Director of Economic Development. The Chamber President shall supervise the daily activities of the Director and may terminate the Director. The Committee shall approve the appointment of the person to serve as Director of Economic Development, and shall act in an advisory role to the Director. 3. Duties of Office. The duties of the Office of Economic Development shall include the following; • a) Preparation, in consultation with the Committee, of a written comprehensive Economic Development Plan ("Plan") to be approved by the Chamber's Board of Directors and City Council. b) Performance of an annual review and amendment, as necesaary, in consultation with the Q Committee, of the Plan. (To become effective, • • any amendments to the Plan shall be approved by the Chamber's Board of Directors and the City Council.) • ab • -~g 000N0 _r Apontialie~~,~aaLLI c) Maintenance of a liaison with the Texas ZLl.ob 3 Industrial Commission and other public and private agencies and organizations that would promote the purpose of the Plan. d) Preparation and maintenance of a comprehensive fact book and other publications that would provide information to interested persons as to the City's population, employment base, private and public institutions and facilities, and other significant characteristics and resources of the City. e) Initiation and maintenance of contact with, which shall include making presentations to, desirable industrial prospects so as to promote their interest in locating within the area. f) Render advice to the City of the progress of the Plan at such times as requested by the City. To this and, the Office will provide monthly program reports to the Cityy through the minutes of the Chamber's Board keatings. The Office will also present quarterly reports that include the sources of expenditure of funds, major projects, number of industrial prospects who visited Denton and industries locating in Denton to the Denton City Council, Public Utilities Board and such other groups as the parties may determine. 4. Support Services and '.Fundin The Chamber shall provide the office space, ages pment en support staff necessary to the operations of the Office of Economic Development. The City shall provide funding as approved in the City's budget which shall be adopted on or before the 20th day of September of each year. Of the amount appropriated for each year, the City shall psy the Chamber one-half on October lot and the remaining half shall be paid on the following April lot. Thereafter, the City shall provide annual funding in the amount appropriated for that • purpose by the City Council. Any funds provided by the City pursuant to this Agreement shall be retained in an account separate from the Chamber's general opernting fund and shall only be used for the purposes provided for in this Agreement. The Office of Economic Development shall keep current and accurate records of all funds , • received and expended, which shall be subject to inspection by • M J the City at all reasonable times. PAGE 2 Apentlalten~ -ti-Js~ ~ I Owe. The Chamber Economic Development Office shall provide monthly status reports to the City on the progress of the Economic Development Program, which shall include a description of expenditures of the Office made with funds appropriated by the City. Annually, during the budget process, the Chamber shall submit a program budget request to the City Manager. The City shall then evaluate the progress of the Chamber Economic to, Development Program and, at that time, determine whether is continue appropriations to support the office the following fiscal year. 5. Statue of Office. The Office of Economic Development created undo r Mrs greement shall be under the direct super- vision and control of the Chamber and all personnel of the Office shall be considered employees or agents of the Chamber. The Chamber shall be responsible for the payment of all benefits or liabilities of such employees or agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law and the payment of worker's compensation premiums, The ~hsmber shall maintain policies of insurance in the minimum amounts required by law to protect against liability arising from the operation of any vehicles used by employees of the Office and the Chamber agrees to defend against, and indemnify and hold the City harmless from any claim arising from any negligent act of such employees, 6, Term- Termination, Iaitial Pa ak. This Agreement shall bee ect ve or a term o one year from the execution hereof, and shall be automatically renewable for successive period of one year without the necessity of any action on the part of the parties hereto, unless during any successive term, the City shall, after the initial funding provided for herein, fail to appropriate funding for any successive year, in which case this Agreement shall terminate. In any case, however, either party may terminate this Agreement by giving written notice to the other thirty (30) days advance notice, in which case any unexpended funds provided by the City shall be returned to the City. City shall transfer the remaintrg funds allocated in the budget for Economic Development faecal year 1988-89 to the • Chamber. Such funds shall be used only in accordance with Section 3 hereof. Executed this day of ajdjggt , 1989. RAT THEN30 CITY DENTONs TEXAS i PAGE 3 r t•;6 s {3v3 'Jf~d~ ' r N ' . _ry f` i`• it'S f++M 4t ate p 1 , f. t r O .f t ..n ,*ar yr; rt, ~endaNo.. cl) 3gendallerri ATTEST. 419WIF ALTERS-P--CL TY OF ENTON, TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTONj TEXAS BY: DENTON CHAMBER OF COMMERCE BY: KAUY~Mo ! ATTEST: bLCRLTARY • PACE 4 V T -1+ f Y f , • 1 S. . ii;- i tr ,'yet rTn I • 0 • . a . . ...„..,......,.....,o...r........tm.eehu.eavrassa.SUNn!L7ts'ytiMl . ECONOMIC DEVELOPMENT PROGRAM CITY OF DENTON/DENTON CHAMBER OF COK4ERCL PARTNERSHIP KEY AREAS CHAMBER OF COMMERCE CITY OF DENTON TARGETED RECRUITMENT/ Primary marketing and follow- Technical support and liaison PROSPECT FACILITATION up Prospectus development Film Commission Membership Film coordinator SMALL BUSINESS DEVELOPMENT Denton Center for Small Denton Center for Small Business Rusinesa Advisory Board representation Co-sponsor seminars and networking opi>ortunities Client referral INDUSTRY SJPPORT/ Local industry visitation. Industry visitation, BUSINESS RETE4TION Identify and attract vendors ombudsman role and contractors Mayor's breakfasts Relocation assistance Relocation assistance • DEVELOPMENT OF UNIVERSITY Research and technical Town/Gown Consortium ASSETS transfer Training grants n • ! SITE DEVELOPMENT Identify and promote Map production Cost analysis of infrastructure + N • • r'< 1 i1,1 lJ ttis tr (t 7 4j~ r y.i ( rIW rr i 4 r ..v :,i..ive?:n.•(, a.w..,.:.r,.-.se...,..y.,:......,..♦-....,................... Y.~r.......«.......,w .w..env.vw.w.n.ie.r.s.wa,ravnw+IVMM».warnrnrrhw6w~M0.wfvhwWM'U9Yesh ECONOMIC DEVELOPMENT PROGRAM CITY OF DENTONNENTON CHAMBER OF COMMERCE PARTMERSHI13 KEY AREAS CHAMBER Of COMMERCE CITY OF DENTON IMAGE BUILDING AND MARKETING Media relations ordinance revision Marketing materials/vide0s spsaialized maps and publications community profile Fact book COMMITTEE LIAISON AND/OR Economic Development Advisory Teittyy Economic Development COORDINATION Board Marketing task force Economic Development Technical Task Force North Central Texan Council of Governments Economic J Develo nt Roundtable JOINT ACTIVITIES North Texas Commission i Pursue F.M. 2499 Infrastructure planning and resource identificatior+ c, S~ I;+nn~r~l' ~71 y~t t~tA~~l~ rPa `q r' r Sf\ ~rri r j~?rFY°il~~r~lS ti?1~ w t~ilSYSyh' ' ~~<,Y?L6'.ti,,~ a • to • ~ 5 UD`ir ATTACHMENT 3 Agerldal- CIT Y OF DE;V fON & DENTON CHAMBER OF COMMERCE PAR7fik1Ed6S _~f 5 ECONOMIC DEVELOPMENTADVI.SORYBOARD ( J ~Gda -I 20 Voting Members; 5 Appointed from City Council 15 appointed by the Chamber Board Hill Patterson, Chair Terms expire March 31, 1997 David Hoenig Darrell Lake Melvin Willis Mickey Kaehr Floyd Cunningham Terms expire March 31, 1996: Barbara Jester Scott Koenig Dianne Edmondson Jim Parker Phil Bronkhorst 'Perms Expire March 31, 1995; Jim Ablowich Bill Utter, Sr, Barry, Hall Tony Clark Members appointed by the city: Ilarold Perry Euline Brock Lloyd Harrell s • Berry b1c Kean Bob Coplen Ex-Officio Members: Richard Hayes: Chamber of Commerce Dr, Carol Surlec TWU Fred Gossett, Home & Apt. Builders Dr. Al Hurley: LINT , ® Suc Diuby; Denton Board of Realtors Bob Nelson: City of Denton • • Dr. Bruce Riggs, North Central Texas College Dr. Albert Thomas: DISD Charles ('arpenter: Chamber of Commerce Barbara Russel): DCIDC 0 0 • • qs-oo9 Ag6nrta tVo. AT~L,xNT.1- Atdsodaltdo,,, Denton Chamber Of Commerce Economic Development 3( 0~3 q Summary Statement Of Cash Receipts & Disbursements For the 04 Month Ended January 31, 1995 (Unaudited) Current Current Year To To Date Annual Period Budget Date Budget Budget Cash - Beginning $137,293.91 $158,439.28 RECEIPTS: Private Sector $5,011.00 $6,864.00 $19,321.00 $19,486.00 $65,578.00 City of Denton $0.00 $0.00 $30,706.44 $30,735.00 $86,735.00 interest Income $1,827.07 $86.00 $2,167.80 $355.00 $1,000.00 Miscellaneous Income $0.00 $0.00 $0.00 $0.00 $0.00 Local Media Campaign Income $4,600.00 $0.00 $7,200.00 $0.00 $0.00 TOTAL RECEIPTS $11,338.07 $e,70,00 $59,38514 $50,576.00 $132,313.00 DISBURSEMENTS: Salaries $4,87436 $5,816.00 $22,240.04 $23,260.00 $69,780.00 Payroll Taxes $442.53 $610.00 $1,880.65 $2,040.00 $6,120.00 Medical /Dental Insurance $26e.97 $300.00 $1,422.82 $1,210.00 $3,810.00 Workers Comp.lLls4lty $0.00 $0.00 $0.00 $0,00 $450.00 Retirement BenefiVAulo Expense $551.47 $675.00 $2,327.68 $2,730.00 $8,130.00 Membership/Prof Dev. $35.00 $300.00 $64,50 $e00.00 $1,620.00 Telephone $99.65 $100.00 $548.35 $470.00 $1,270.00 Postage $0.00 $100.00 $321.88 $400.00 $1,200.00 Office Supplies $0.00 $200.00 $200.33 $e30.00 $1,530.00 Audit $0.00 50.00 $833.33 $900,00 $900.00 Equipment $0.00 $175.00 $0.00 $700.00 $2,100.00 Travel & Marketing $211.11 $2,500.00 $2,225.83 $8,000.00 $14,000.00 Prosp ProposalslReloc, $157.72 $300.00 $917.23 $1,480.00 $3,680.00 FactbookslPromo Materiel $95.97 $2,000.00 $2,1ea.32 $6,000.00 $8,000.00 SitelBuilding Inv. Data $89.68 $0.00 $101.83 $600.00 $1,083.00 0 SBDC $1,650.00 $2,236.00 $3,884.25 $4,470.00 $8,940.00 Local Media Campaign $2,101.00 $0.00 $8,804.00 $0.00 $0.00 Community Assessment Study $0.00 $6.00 $33,829.16 $0.00 $0.00 TOTAL DISBURSEMENTS $10,675.26 $15,21000 $79,787,80 $50,490.00 $132,313.00 ExCESS OF RECEIPTS/ • (DISBURSEMENTS) $762.81 ($8,491.00) ($20,382.56) $86.00 $0.00 , Caah - Ending $138,05672 $1372 Petty Cash $50.00 $50,00 Cash in Bank $21,22005 $21,220.08 Corp Relocation Fund $71,317.53 $71,317.53 Cash in Now Account $45,489.11 $46,469.11 TOTAL CASH 0138,066.72 $138,058,72 • a • • ECONOMIC DEVELOPMEMT 1994.1995 BUDGET Proposed OCT 140V DEC JAN FE8 MARCH APRIL KAY JUNE JULY AUG SEPT TOTAL 201 Private Sector 5595 4352 2875 6664 2958 3932 3833 9283 2758 5668 12600 5060 65578 202 Cit7 of Denton 30735 )5000 65715 20W Interest Income 95 90 85 85 85 80 80 80 80 80 g0 80 1,000 Total Rac dots 64 4442 796 49 3043 4012 30913 4 12680 4 1 300 Sularies 5815 5815 5815 5815 5815 5815 5815 5815 5915 5815 5815 5815 69180 31,0' Payroll Taxes 510 510 510 510 510 510 510 SIG 510 SIG 510 510 6120 321 Medical/Dental Insuranc 310 300 300 300 300 300 300 300 300 300 300 AD 3610 322 Yorkers Comp./Llability 450 450 324 Retriremant /Auto Exp. 105 675 675 677 675 675 675 675 675 615 675 675 8130 327 Memberships/Prof. Dev. 200 1110 100 400 400 120 1520 i • 401 Telephone 170 100 100 100 100 100 100 loo 100 100 100 100 1270 402 Postage 100 100 100 100 100 100 100 100 100 Soo 100 100 1200 403 Office Supplies 230 too 100 200 too 100 200 100 100 loo 100 100 1531) 404 Audit 900 901) 405 Equipment 175 175 175 115 175 175 175 175 175 175 175 175 4110 U 501 Travel And Marketing 1500 1500 500 2100 250 2000 1000 250 2000 250 2000 250 5 502 Prospect Proposals / Re 680 300 200 100 200 200 300 300 300 300 300 300 503 PactbuOkS/Promo Materis 1000 1000 2000 1000 1000 500 Soo A3P 504 Site/Building Inv. Data 200 200 200 200 200 83 505 SBOC 2235 2235 2235 2'135 Tuttall OILborsemenrs 8675 15210 ~ 5 1,75 11810 95:5 115 10460 106 P.i )tc 1 I' • t*+ • • 810 Patterson, Vice Chairman Business Dav nt Division 1. Review and evaluate original goals and monitor results of lucal promotion, Make recommenatlons concerning Communications Committee continuation of campaign. 9130196 E.D. Strategic Plan 2. Increase Denton's visibility within the D1FW area. Pursue the objectives proposed in the 1994-96 plan by securing finances to commission a professional public relations firm to conduct a productive and professional D1FW media & awar,,,iess campaign. 313 f 196 E.D. Strategic Plan 3. Work In conjunction with professional public relations firm and special VISION Committee to discuss and recommend "Brand Image" for Denton. 10!1!96 Fantus ReportlE.D. Strategic Plan Provide a forum where the top on-site decislommakere of local major employatts can discuss issues of mutual Senior Management Council^ importance and Identify suppliers. 3131198 Ezisting pr ramlaervlce o O / • .r Poigu t a o • w e • An Bill Patterson, Vice Chairmen - Economic Development Advi Board Determine what suppliers/vendors of existing companies could relocate to Denton. Expedite personal follow-up on recent Existing Industrlas Survey; determine strategy for ' Account Management Task Force pursuing potential toads. 611195 Fantus Report 2. Explore the feasibility of and options for the adoption of an account management process geared toward retention. Focus on addressing customer needs quickly and encouraging expansion of existing businesses. 9/30195 Fantus Report/F.D. Strategic Plan Identify and pursue options for the establishment of an Organizationsi Options Task Force E,D. Corporation, including possible sales tax increase. 6lir9b Fantus ReportlVision for Denton 1. Pursue arrangements for the development of sites and - Building & Sites Task Force construction of speculative buildfng3 6!1!96 Fantus Report/Vision for Denton 2. Enhance existing infrastructure, particularly a fully. developed business park, with appropriate zoning, utilities, firm prices and access in place. 3131/96 Fantus Report/F..D. Strategic Plan Arrange spocific D/FW-based allies to personalty participate Allies Day Task Force in locally hosted familiarization event 1011195 Fantus Report_IE D S*1%n identify specific allied groupslpotential growth industries D/FW Market Strategies Task Force within the D/FW area. 611!96 Fantus ReportlE.D. St• Market assets and resources associated with Denton Denton Airport Marketing Task Force Municipal Airport. 3!31!98 E.D. Strategic Plan Pnyv ? • • 0 CITY= ==COUNCI t. ar ~r 48 ® * 1 G ~Q~~' ~ooo • • i • Q • Ag~glaMo. o~te 3'?-4S DATE: February 28, 1995 7 CITY COUNCIL AGENDA ITEM T0: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: Review of the City of Denton Fiber Optics System Financial Plan and Proforma RECOMMENDATIONt The staff recommends approval of the start-Lip plan outlined herein, in order to allow the City of Denton Electric Utility to begin making available excess fiber optic cable service from their existing system. SUMMARY/BACKGROUND: In 1990, the City of Denton invested approximately $114,000 to install communication circuits between City Hall, the Police & Fire Departments, the Service Center, Emily Fowler Library, Spencer Power Plant, and other facilities in order to service the new telephone system. The City's Electric Utility installed this system and decided to utilize fiber optics as its communications circuits. This system proved to work very well and has been very reliable, in addition to providing communication capabilities far greater than the standard copper wire systems. Subsequently, the Electric Utility has added several other city facilities to the system and has begun to provide City Departments with other telecommunication services, The Electric Utility is now completing the installation of fiber optic cables to its outlying substations for use in upgrading its System Control And Data Acquisition (SCADA) system. Since these cables pass near the two universities and some County facilities, they have inquired about the possibility of receiving service fror,i the system. The City employed legal counsel to determine whether it could legally provide such service to others, and also hired a consultant to assess the nature of the services that could be provided and how the city should price these services. As per the City Council's directive of January 17, 1995, staff has prepared a Financial/ • Business Plan and Proforma (see attached) so Council can determine the feasibility of making these services available to other governmental and possibly private entities. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The provision of fiber optic cable service would be managed as a ® part of the Electric Utility. The University of North Texas, Texas Woman's University, the Denton Independent School District and • • Denton County have all expressed interest in leasing fiber optic cable service from the City's system. Private telecommunication providers have also expressed an interest in leasing fiber optic cable service. • a ea • AoandaNo._ Q / Afl9ndal(o ` ' The staff recommends leasing office space at thWto 7 rJ Station to be used for a terminal point of the fiber optic cable `ab system, and as office and technician work space for the fiber optic system. The Central Fire Station's proximity to the GTE central office makes the location an ideal site. The use of the office space for the fiber optics functions would not interfere with the Fire Department's present or possible future use of the Central Fire Station. FISCAL IMPACTt The leasing of excess fiber optic cable service should be considered a long-term investment which will grow in value over the years. The attached Proforma indicates that the service will begin to break even after the second full year of operation. The anticipated pricing will be competitive with other providers in Denton but the fiber optic cable can provide more capability, such as video transmission. The system is anticipated to be able to begin making Return On Investment (RO1) payments of approximately $60-70,000/yr, to the general government by the second year. Respectfubmitted, R. E. Nelson Executive Director Utilities Prepared by: Corrina Oil Special Projects Coordinator Chuck Pierce • Telecommunications Technical Supervisor Approved by:/ ! Ja )es:lliarder Director, Electric Utilities ~I PUB • s~ • AgondaW Agandartem . 3 d~3 MY of DENTON, TEXAS MUNICIPAL BUILDING* DENTON, TEXAS 76201 o TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM TOi Mayor and Members of the City Co•ancil FROMi Lloyd V. Harrell DATBi March 3, 1995 3UBJ8CTr Use of the Central Fire Station by the Communications Division Please note in the business plan for the fiber optics program a proposal to rent a portion of the Central Fire Station for some of the fiber optics equipment and to house the Communications work group. This proposal will allow the Communications section to install radios and do other repair work inside whereas they are now forced to conduct many of these activities at the Service Center in an outside enviconment•. Also, it gets our fiber optics termination point near GTE's switching operation. We on the administration side feel that this is a "win/win° situation for all concerned. As we evaluated this proposal from the utility system, we met with Fire Chief John Cook to ensure that nothing in this proposal would preclude reactivating the Central Station if that later became a desire of the City Council. In addition, this use allows us to convert currently vacant space into useable area. Finally, this will help the Fire Department financially. It would be our intention to set up a special fund for the annual $30,000 rental charge which could cover most of the cost of a future fire station. In addition, the Utility Department will assume some of • the operation and maintenance expenses associated with the current Central Station. If you have any questions about this arrangement prior to Tuesday evenin ,please feel free to contact me. • Lloyd V. Harrell ' • • City Manager LVH:bw AMM0063E "Dedicated rri Qaalio- Service" • c~ 0 =,--'COUNCI e e ~ c ~ t ` 40~~v 0 pp , • • n Pa ~enda~lo~.~-~ Date_ `Or CITY OF DENTON CITY COUNCIL MINUTES January 24, 1995 The Council convened into the Closed Meeting on Tuesday, January 24, 1994 at 5:15 p.m. in the Civil Defense Room. Present: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Miller, Perry, Chew, and Smith. Absent: None 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. :51,071 1. Consider settlement demand in the claim of Frances Rodgers. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discussion regarding acquisition of property for expansion of the City's landfill. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discuss City Attorney applicants and selection process. The Council convened into Work Session on Tuesday, January 24, 1995 at 6:00 p,m, in the City Council Chambers. Present: Mayor Castleberry; Mayor Pro Tern Brock; Council Members Cott, Miller, Perry, Chew, and Smith. Absent: None 1. Council received a presentation by Corgan Ar.•chitect Associates 0 and discussed City Hall Renovation Projects. Betty McKean, Executive Director of Economic Development and Municipal Services, gave the Council background on the renovation projects. She said Staff was seeking direction from Council regarding the scope of the projects and the size of the budget Staff would have to work with. Staff also wanted to have Council 0 representatives to work with Staff and the architect on an ongoing , • • basis through completion of the project. McKean said Staff was about to go to bid on the City Nall West renovations. She anticipated employees moving in the facility by the end of the fiscal year. McKean indicated that in terms of the comprehensive I • c> • i 0 City of Denton City Council Minutes t January 24, 1995 Page 2 Cep ` J& space plan Staff was ready to move forward on the facility, Bruce Hennington, Facilities Manager, reviewed the project budget and the funds available, He said the two sources were certificates of obligation issued Fubruary 1994, replenished by the Denton Municipal Complex rental agreement, and maintenance certificates of obligation issued in March of 1992. Hennington said those funds were approved for building repairs all over the City but Staff held off on several of the projects in City Hall until the renovation. The total budget was $324,000. Hennington said $200,000 was budgeted to remodel City Hall, $3,000 to move !_urniture ar3 relocate offices, and $21,000 for furniture needed throughout t;._ building. The remaining funds would be spent as deuignated. Council Member Cott asked if the costs for the building were included in the budget. Hennington said the construction costs, whict, included moving walls and painting, was $200,000, Cott wanted to know the cost per square foot for city Hall as compared to the cost per square foot for the Denton Municipal Complex (DMC). Hennington responded that the cost per squara foot was comparable to that of the DMC, $20 - $24 per square foot. He said sc,mE aspects of the renovation at city Hall would be more expensive due to the architectural design. Brent Byers of Corgan Associates reviewed the floor plan and discussed how Council could use the budgeted funds. Byers said the DMC was not originally included in the space study but became an option because Departments did not have adequate space. From the study it war also determined that the best use for City Hall 4;est would be a Planning and Development Center. Once Engineering, Planning and Development, and Building inspections moved to City • Hall West there would be space available for departments to expand. He also discussed ADA compliance with regard to Cicy Hall and said the use of the building would ultimately determine the level of ADA accessibility, code compliance was another important issue discussed. Byers said when City Hall was built the code requirements were of a different kind. For example, the building dwis not He felt d stand egress and rongly that those access requirements 0 • • shoild bee dealt r with archite:turally particularly in the lower level. Byers also felt strongly that the facility was a wonderful structure and said it had the foundation to develop a consistently, significant architectural building in the community, He said they wanted to be sensitive to that in the remodeling. He felt Council could deal with issues such as the lighting and th9 PA address system in the council Chambers and not a lot of the aesthetic issues and still . • O • e~ • f City of Denton City Council Minutes J1 January 24, 1995 Page 3 consume some good size dollars. In the main corridor, however, he felt Council may wish to stay with the original image and lighting. More modernized remodeling could be done in the areas occupied by Departments. Harrell mentioned that Byers showed tentative work that was done more than a year ago and said those issues were open for discussion and revision. The process Staff suggested was to have a couple of Council representatives work with the Staff to develop proposals and make a recommendation to the full Council. Secondly, Harrell mentioned that from Staff's stand pA nt the $325,000 identified was a modest budget for some of the things Council mentioned having accommodated in the building. Those things would need to be taken up during budget discussions. Miller expressed concern that there was no clear cut entrance to the building and wanted to know if that was a charge of the committee to look at an entrance to City Hall. Byers said those things had been discussed and he made two suggestions, to have an after hours entrance to the Council Chambers and a main entrance for the day to day operations. Miller wanted to know what the state of the art Council Chambers would involve. Byers said changing the audio system would be a major part. Miller asked if space would be provided for the Mayor and Council Members and also a place for them to meet with citizens. Perry wanted to make sure that somewhere in the renovation Staff considered a place to hold work sessions that would be accessible to the public and television. He also wanted the room to be equipped with modern equipment so that everyone would be able • to see, hear, and communicate clearly. He felt a room designed for those purposes was extremely important. Cott di6 not feel the Council Chambers was the place for entertainment, or where the taxpayer wanted to pay for a luxury. He felt the taxpayer wanted fire and ADA accessibility. • McKean said Staff considered both the interior and exterior issues • • to be considered. She wanted to sit down with the Council representatives and work with Staff on solving those issues. McKean felt that once the interior issues were resolved the exterior issues would evolve. Bruce Hennington discussed the estimated time line accelerated to fit in co the budget time frame. The first step would be to establish a Council/Staff committee to study the issues. In • O • • .IJIi City of Denton City Council Minutes` January 24, 1995 Hop L11. Page 4 February rough estimates would be obtained and selected. Hennington said by March they would need to begin the hiring process to have an architect on board in April. By May the Staff would begin fine tuning the numbers and in June the design drawing would be presented to the council, staff, and Building Committee with design drawings presented to the entire Council in July. In August Staff would work on the specifications to go to bid in September. The bids would be brought back to Council in October with construction beginning sometime in November 1995. Brock asked at what point Engineering and Planning would be moving out of City Hail. Hennington said hopefully it would be in September. Miller suggested that Staff consider reporting back to the full Council before issuing the RFP. Smith said she was really excited about the plans so far. The historical aspect of the building would upset a lot of people if too much was done to upset the historical nature of the building. There nay need to be a lot of ground work done first. Harrell said Staff would get a feel for the types of things important to the Council before bringing on the architect. Mayor asked how many council Members Staff recommended for the committee. McKean said at least two, hopefully three. Brock, M ler, and Perry agreed to work with the Staff. 2. Council received a presentation of the Comprehensive Annual Financial Report for the year ending September 39, 994. • Terry Kyle, with the Public Sector Services Group at Deloit and Touche, presented the financial report for the year ending September 30, 1994. They performed an audit in accord with general purpose and audit standards as well as government auditing standards. Kyle said in general there were no disagreements with the management, and they worked well with the finance department. A David Pate, Audit Manager, referred to r • page said their opinion was unqualified and theCity's general d purpose financial statement did present the financial position of the city for the year ending September 30, 1994. He called attention to the change in accounting principal due to the implementation of accounting statement #18. or operated a landfill e to sttement a accrue the costs any closure and post closure monitoring during the time period the • to • CnCs,'!e City of Denton City Council Minutes I 3_' January 24, 1995 Page 5 JCL landfill received waste. He said no situation was identified which was in noncompliance with federal laws and regulations. No situation was identified which was considered a material weakness in the internal control structure of the city or its federal or, state programs. Pate said management had received a report identifying recommendations to assist the city in enhancing the control environment and improve efficiency. Other items were noted relating to the amortization of investment premiums and discounts, accrual of workers' compensation, incurred but not reported claims, external quality control review of the internal audit department, the year end procedures checklist, and automation of the trial balance preparation process. Kathy Dubose, Executive Director of Finance, presented the Comprehensive Annual Financial Report (CAFR). She reviewed the major funds and noted the results of operations for those funds. Cott said assuming the federal government ended up with a balanced budge, how would the City have been effected had there been funds coming from the federal government. Harrell referred Cott to the single audit report. He said it j listed every federal grant the city received for the last year. Miller made a comparison of the results of the tax rates presented in the CAFR. In the last 10 years City taxes increased 26.8%, DISD tax went up 77.3%, and the County tax rate increased 41.5%. Brock asked for clarification on the total outstanding current and delinquent assessments. DuBose said they were special assessments. If there was a street cut or curb put in for a particular area or citizen wh(~re they shared in the cost of the improvement, their payment to the City would be recorded there. Brock mentioned the difference from $279,000 1985 and only $4,608 in the last year. DuBose said no current assessments were established during that time so the number only reflects where individuals have been paying down their balances. ® Harrell said it used to be that Denton would construct street • • improvements by making special assessments. In the last 10 years Council felt those improvements should be clone with taxes not special assessments. He also commended the Finance Staff for their high quality work. Their hard work gave Council more flexibility in the upcoming budget year. He also added that the utility funds were in fine shape. • • ~U!T INU City of Denton City Council Minutes January 24, 1995 f tl1/ Page 6 tlfJ Mayor Castleberry said it was the first time since he had been on Council that all of the utilities had come out in the black. 3. Council reviewed and distributed the 1995-96 Budget Priority Questionnaire. Harrell said delivery of the questionnaire was backed up due to questions received, council was asked to return the questionnaire in one week. He reviewed how staff used the information provided by the Council. Traditionally, all of the services provided by the City were lis'.sd by functional category on the questionnaire. Council was asked to give 2 points of evaluation, one viewing each City service vis a vis another City service and the other to give a relative feeling of how that particular service should be prioritized. Miller asked at what point he would know whether or not additional manpower and equipment was needed. Harrell commented that if Council said current efforts should be substantially increased Staff would interpret that as there were things Staff could be doing in that area that was not currently being done to the satisfaction of the Council. Staff would then suggest packages in the budget process to strengthen the efforts and improve the product being produced. That could be accomplished by adding Staff or taking other steps. Miller asked Harrell to take the converse and suppose Council said to continue current effort. He wanted to know how that would fit into the formula. Harrell responded that Staff would take the information provided in the questionnaire to help make tough budgetary recommendations. It gave Staff a general feel of council's priorities. i • Cott asked if it was relatively easily for the manager to give the current year priorities. He said he would feel more comfortable if he saw a list of Staff's current priorities. Harrell said that could be accomplished by taking last year's questionnaire and critiquing it. He said Staff would bring back Council's compiled results and ask for comments. A • • Brock asked what council would be ranking under other services and issues - current hotel and motel tax contributions. She was not sure if that meant to evaluate the amount being distributed or allocating according to the percentages. Harrell said that was a good point since there was no flexibility to greatly increase efforts because the City was at the maximum amount it could allocate. He said the ranking on that particular • O • • City of Denton City council minutes January 24, 1995 Page 7 / question would probably not tell Staff much. Mayor Castleberry reminded Council to return the questionnaire by January 31, 1995. 4. council received a report, held a discussion ana gave staff direction regarding the restructuring of landfill rates to provide adequate disposal capacity for the community until mid-1997, Howard Martin, Director of Environmental Operations, said Staff had discussed the existing landfill site at length with the Council at the Planning Retreat and projected that the current site would be fully utilized by mid 1997. Those projections were based on the amount of solid waste being received at the time. In 1994 there was a 258 increase over the 1994 rate. The concern was that the existing landfill space was being utilized faster than expected. Martin said in order to maintain the 1997 schedule Staff felt they needed to discourage about 50,000 cubic yards per year. Staff reviewed the customer base and determined that there was a large increase in cash and contract customers. A 538 increase was experienced in the contract customer and cash customers increased 130%. Staff developed 6 options to accomplish that. Martin indicated that the PUB made it very clear that they did not want to adversely impact economic development in the City. They wanted to maintain the landfill and its remaining life for Denton customers. If they could not slow the rate from outside the community at least sufficient revenue would be received to offset any transportation and disposal to a neighboring site. Charlie Watkins, Superintendent of Solid Waste, said residential tonnage decreased by 38, the compacted commercial waste increased by 48, and the uncompacted waste from the commercial division increased by 358. There was a 53% increase in the cash customer category and a 1308 increase in the contract category. Watkins indicated that 348 of cash tonnage came from outside of Denton. He said private haulers were the biggest contributors to the landfill. Watkins compared the rates charged by surrounding competitors. He said if Denton wanted to drive customers elsewhere a rate of $15 would probably do it. Staff reviewed several options of excluding cash customers from outside the City. Staff proposed to require the driver carrying the load to present a driver's license to check for a Denton address. The Board recommended to raise the rate for ® all cash customers from outside of Denton and private haulers. • • Chew asked if the recommendation was to raise the rate for all J customers hauling in from outside the city. He supported the Board's recommendation. Miller asked if that would apply to all customers outside the City. Watkins responded yes. • d • w • City of Denton City Council Minutes .om January 24, 1995 Page 8 (30P i I(n Miller asked if the proposal would get the City through until 1997 based on present projections. Watkins said based on current projections it would. Miller also agreed with the recommendation. Smith also agreed but wondered if the $15 would drive people away as much as anticipated. Watkins said Staff would continue to monitor the rates of surrounding competitors, Cott suggested that Denton haulers have a piece of paper that said if they live and work in Denton they get to come to the landfill. Watkins said it would be helpful to have that kind of agreement, Smith asked if it would be possible to have a sticker to go on the truck that regularly came in the landfill. Watkins said they could place a notation in the computer so they would not have to repetitively check individuals, He said Staff would follow up on those suggestions. Brock said people with stickers on their truck could rent their truck out. Perry motioned, Brock seconded to direct staff to bring the recommendation back in ordinance form. on roll vote Cott Faye", Brock, 'Smith 'aye er Mayeon Castleberry "ayes perry "aye", Chew passed unanimously. Meeting adjourned at 7:53 p,m. with no further business, 1 • VERONICA S. OGLESBY DEPUTY CITY SECRETARY BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS • , • • • • e , s i 1, Sty j ~;,I + ~K1;4 eT6~J>~ •4 r'Y=;~r r • c~ • W;, No CITY OF DENTON CITY COUNCIL MINUTS" 7 r/.J FEBRUARY 7, 1995 The Council convened into a Closed Meeting on Tuesday, February 7, 1995 at 5:15 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. ABSENT: Council Member Chew 1. The council discussed the following in a Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1, Consulted with attorney in the case of City of Denton v. Juren and Alexander. 2. Considered settlement demand in the claim of Kim Smith. 3. Considered settlement demand in the claim of David Rose. B. Real Estate Under TEX, GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Council member Chew joined the meeting during the Executive Session. The council convened into a Work Session on Tuesday, February 7, 1995 at 6:00 p.m. in the city Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council held a discussion and gave staff direction • regarding the City of Denton's Consolidated Plan and Community Development Priorities. Barbara Ross, Community Development Administrator., stated that the former Comprehensive Housing Affordability Strategy was no longer a valid document. Several years ago, the Department of Housing and Urban Development required the completion of the Strategy in order • for the City to continue to receive. Community Development Block • Grant funds and to begin to receive HOME Housing Funds, That plan detailed housing and supporting housing needs within the City. The new requirement, the Consolidated Plan, detailed housing and supporting housing needs plus all of the activities which could be funded through the Community Development Block Grant or the HOME s e city of Denton City council minutes February 7, 1995 v_._ l J Page 2 program. The Community Development staff began working on the plan last August. This plan required a 34 play public comment period and would be presented at a formal Council meeting in the form of a public hearing. Louisa Rodriguez-Garcia, Program Assistant, presented the details of the Plan. Requirements of the Plan included a housing market analysis, assessment of housing and housing needs, homeless, infrastructure, economic development, a strategic plan which would look at needs such as special needs population, affordable housing, lead-based paint hazards, anti-poverty, human services and fair housing. The consolidated plan would included performing a human services needs assessment, a small business survey, developing a homeless focus group, performing a 1994 homeless count, holding public hearings, developing a self-sufficiency plan and computer/software training. Council Member Cott expressed concern regarding the possible elimination of federal funding, How would the programs continue without such funding. Ross replied that the CDBG had been active in Denton since 1984 and every year she wondered if the program would continue. The funds were mainly spent on infrastructure projects and housing projects. As these projects had a beginning and an end, it was understood that there might be an ending to the funding. Each agency knew that it must ask for funding each year and not expect the funding to continue automatically. The City funding was a small portion of the budget for these agencies and they might have to curtail services but not discontinue services if there were no federal money, Council Member Cott felt that there was a need to start now to get private financing for the future years for the programs. Council Member Chew asked about the homeless count which was done earlier. Ross replied that the count was 43 but did not feel that that was an accurate count. Council Member Miller stated that the amount of federal funding to might be reduced but funding would not be completely gone. r 2. The Council received a report and held a discussion regarding the results of the 1995-96 Budget Priority Questionnaire. • ca • City of Denton City Council Minutes February 7, 1995 f C) U~ Page 3 l Jon Fortune, Chief Finance officer, stated that the results of the budget questionnaire were included in the agenda back-up materials. The first section of the results was determined by average scores and the second section results were priority scores. The, second section ranked the results by priority of response. The last section of the questionnaire was a listing of individual comments received on the questionnaire. The Council's responses would be used in the budget process to formulate 1995-96 budget. Mayor Pro Tem Brock expressed concern about the some of the responses and the meaning of those responses. She was not sure that she understood completely what the ranking meant and how the staff would be using that ranking, City Manager Harrell stated that in the past there was only the first ranking which involved a ranking of all of the City programs and indicated which ones needed to be increased during the next year. That gave staff a general feel of how the council would like to proceed. Several years ago Council decided that the rankings did not give the complete dimension of City services. The second column was added to provide a priority of a particular service which reflected the feelings of the Council.. Staff utilized both ratings to give a feel on the priorities of the Council. Mayor Pro Tem Brock felt that there were some unclear ratings on the questionnaire. She was surprised that high weeds and grass ranked higher than fire suppression and that fire suppression was ranked as needing additional effort but was 30th in the ranking. Council Member Chew asked if Mayor Pro Tem Brock felt that the Council did not understand the process of the questionnaire. Mayor Pro Tem Brock replied that perhaps the Council did not come to a common agreement on how to do the rankings. • council Member Chew indicated that he understood the process very clearly. Council Member Miller felt that the Council was not clear on the process. He questioned how some areas were higher than others such as Civic Center maintenance being higher than fire suppression. He asked what interpretation was used in the second category. He • based his answers on not to do more or less but based his ranking • • on the significance to the City on a ranking basis, Council Member Per.:y felt that the survey represented the consensus of the Council. • c.. • City of Denton city council minutes February 7, 1995 Page 4 council Member Miller asked Council Member Perry how he interpreted the second ranking number in terms of what it meant. Council Member Perry replied that it meant to him that the City was doirdg well in providing those services. Council Member Miller stated that to him the second ranking number meant how essential was the service to the City of Denton. He felt it would be helpful to identify the high priority items for the comments listed. Council Member Chew stated that the rankings indicated the Council's priorities and not the comments. Council Member Miller indicated that the instructions on the questionnaire stated that comments listed should indicate highest priority. Council Member Chew replied that those comments would be beyond what was on the questionnaire. The ranking would to;:e priority over the comments, Council Member Miller felt that the comments were another dimension of the questionnaire and was in addition to the rankings. Council Members Chew and Smith indicated that they did not interpreted the questionnaire in that manner. Council Member Perry stated that the comment section provided additional flexibility for the rankings. City Manager Harrell stated that the comment page was a way for a Council Member to raise issues which he/she would like the other Council Members to be aware of or for staff to be aware of. From a staff standpoint, the comment section was used to get ideas of • issues and was not given the weight of the rankings. Council Member Miller stated that he thought the Council had been asked to list the highest priority item. He was merely interested in what were the highest comments of the Council and did not mean to imply that it would substitute the numerical zankings. • The Council convened into a Regular Meeting on Tuesday, February 7, • ` 1995 at 7;00 p.m, in the Council Chambers. I -W. • a • City of Denton city council minutes February 7, 1995 Page 5 lj C4- , /Jrl PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Council meeting of December 6, 7, 13, and 20, 1994. Perry motioned, Smith seconded tr approve. Council Member Miller indicated that he was in attendance at the December 7th meeting and asked that the minutes be corrected. Council Member Smith indicated that she was present at the December 13th meeting and asked that the minutes be corrected. Perry and Smith agreed to amend the motion and second to reflect the noted changes. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented a proclamation for American Heart Month. council received a presentation by the Department of Labor. This presentation was in recognition of an apprentice program in the Electric D?.stribution Department. The program would be registered with the Department of Labor for training of city employees. 3. Public Hearings • A. The Council held a public hearing and considered an amendment to the Detailed Plan of a portion (Lots 1R, 31 4 and 8) of Planned Development No. 119 for Northwood Gardens Professional Office Park. The .494 acre (total) tracts were located near the northeast corner of Old North Road and Highway 380. (The Planning and zoning Commission recommended approval 4-0.) ® Frank Robbins, Executive Director for Planning and Development, r • stated that this was an amendment to an existing planned development detailed plan for a 4000 foot expansion and additional parking. O 0 c~ • r City of Denton City Council Minutes 2) February 7, 1915 L Page G U The Mayor op,.ned the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing, Cott motioned, Perry seconded to approve the amendment. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered an ordinance rezoni^g 4.91 acres from a single-family (SF-10) zoning district to a planned development district and adopting a detailed plan. The site was located on the north side of Teasley Lane, across from Sam Houston School, approximately 135 feet east of Indian Ridge Road. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Executive Director for Planning and Development, reviewed the site plan and standards fcr the proposal. There would be a privaO.e street with a gate at the ontrance to the subdivision. Single family detached homes would be tuilt with some zero lot line lots. Neighbors had expressed some concern regarding the density of the development but the plan was consistent with the Denton Development Plan. A gate would be installed with an opticom device so that fire protection vehicles would be able to open the gates prior to arrival at the subdivision. Other city vehicles would be given a code in order to open the gates when necessary for city business, Zero lot line standards which included standards for roof run off and maintenance easement were Included in the proposal. An ideminification clause took priority over the conditions listed in the ordinance. The property owners and the homeowners association would indemnify the City against claims to damages to the streets, damages to persons and property caused by the City's use and from claims caused by failure of the Association to design or construct the private improvements. There was also a 1 provision against a claim against the City because of a delay of an emergency vehicle to proceed through the gate. The gate ..nd adjoining fence would be built in an existing utility easement. If the City had to use the easement, the City would not be liable to repair the fence or gate in the current easement, • • The Mayor opened the public hearing. • w NMI City Of Denton city council Minutes 1.. February 7, 1995 J I- Page 7 J ! U (f/ Brian Burke stated that the area was platted in 1980 for the Catholic Church. The Church decided to go to a different location and this property was eventually purchased by Mr. Moore. It was felt that this proposal was best for the property. Drainage was a consideration for the development of the area due to a low area in the middle of the subdivision. Underground pipes and drains would have to be built to take care of the drainage in the area. Another consideration was access to the area. Different locations for the gate had been considered but it appeared that the proposed location would be the most suitable. Another concern of the neighborhood was the number of lots for the area. As it was felt that there were toe many lots for the area, the set backs were increased to 15' and additional landscaping was included. No one spoke in opposition. The Mayor closed the public hearing. tayor Pro Tem Brock asked about the repair of Teasley Lane sidewalks and public utilities. Robbins replied that the City would maintain city water lines in arv easement. Mayor Pro Tern Brock asked if that were similar to any nongated community. Robbins replied correct. Mayor Pro Tem Brock asked if the Legal Department had reviewed the Indemnification clause. Mike Bucek, Acting City Attorney, stated that the Legal Department had revised come of the clauses. The provisions would be included in the deed restrictions so that any one buying a lot would be aware of those provisions. He felt that the clause was adequate for City purposes, The following ordinance was considered: NO. 95-018 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY DWELLING DISTRICT PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION I ANDT~ USE DESIGNATION FOR A 4.91 ACRE TRACT LOCATED ON THE NOR°mH SIDE OF TEAS;.EY LANE, ACROSS FROM sAM HOUSTON SCHOOL; APPROVING A DETAILED PLAN FOR THE DISTRICT; AUTHORIZING THE CITY ATTORNEY 4 W A ApeO~ItOiIZ City of Denton City Council Minutes (1„~ f J~/. February 7, 1995 (J/ I "flQ Page 8 AND CITY MANAGER OR THEIR DESIGNATES TO REVIEW AND APPROVE AS TO FORM AND COMPLIANCE RESTRICTIVE COVENANTS AND INDEMNIFICATION LANGUAGE CONTAINED WITHIN DEEDS AND PROPERTY ASSOCIATION BYLAWS AS PROVIDED IN EXHIBIT C; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Consent Agenda Mayor Castleberry indicated that Bid #1695 had been withdrawn from consideration. Council Member Cott asked to pull Item A.2, for discussion. He recommended that the Data Processing Advisory Board have a meeting with a quorum prior to purchasing the items. City Manager Harrell stated that there were two members present at the Data Processing Advisory Board meeting. Unfortunately it was a regular problem with this Board to have a quorum present to review city action in this area. In cases like this, the meeting was conducted with those present and then the remaining members of the Committee were called with the information. P the erry motioned, Brock seconded to approve the Consent Agenda with on of Cott xcep"ti, Mille BiSmith Item Ch wroll voPerry "aye", and "aye", nayeu "ays" Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: A 1. Bid 11693 - Fleet Vehicles Addendum #'2 2. RFSP 01721 - Microcomputers 4. P.O. (52628 - Weff Industries B. Contracts 1. Midcon - Spot Market Natural Gas • 2. Energy Transfer Corporation - Spot Market Natural • • s Gas 3. Cornerstone - Spot Market Natural Gas 4. City of Corinth - Ambulance Services { 5. City of Lake Dallas Ambulance Services 19 0 • • Lip City of Denton City Council Minutes 7 U~ U/ February 7, 1995 Page 9 C. Tax Refund 1. George L. Rodgers/Safeco Land Title of Denton County - $536.19 5. Consent Agenda Ordinances Brock motioned, Chew seconded to adopt the Consent Agenda Ordinances S.A. - 5.G. with the exception of S.C. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 95-019 AN ORDINANCE AMENDING ORDINANCE NO. 91-002 RELATING TO THE AWARD OF BID NUMBER 1693 FOR THE PURCHASE OF FLEET VEHICLES TO PROVIDE FOR THE PURCHASE OF TWO ADDITIONAL PICK-UP TRUCKS BID ITEM #1; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.1. - Bid #1693) B. NO. 95-020 AN ORDINANCE. ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.2. - RFSP #1721) D. NO. 95-021 AN ORDINANCE AUTHORIZING THE PARTICIPATION IN THE COOPERATIVE PURCHASING PROGRAM OF THE TEXAS PURCHASING GENERAL SERVICES COMMISSION AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF • FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.4. - P.O. #52628) j E. NO. 95-022 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT ' • BETWEEN THE CITY OF DENTON AND MIDCON GAS SERVICES CORP. FOR THE • • J PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (4.B.1.) • 0 • w • City of Denton city council minutes February 7, 1995 h 1 ' Page 10 W F. N0. 95-023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND ENERGY TRANSFER CORPORATION FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (4.8.2.) G. NO. 95-024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND CORNERSTONE GAS RESOURCES, INC. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (4.B.3.) 6. Consent Agenda Resolutions Smith motioned, chew seconded to approve Consent Agenda Resolutions 6.A. - 6.B. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. R95-012 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (4.B.4.) B. NO. R95-013 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (4.B.5.) • 7. Ordinances A. The Council considered adoption of an ordinance annexing and zoning a 1.1 acre tract located on and being the east part of the right-of-way of Corbin Road. (First Reading, A-68) (The Planning and Zoning Commission recommended denial 6-0.) • Harry Persuad, Senior Planner, stated that the ordinance proposed • • ' the annexation of 1.1 acres being the east part of the right-of-way j on Corbin Road to effect a closure of Corbin Road at the point of J a low water crossing. Initially, staff felt there was a cost of $7,000 per year to the City to maintain gates at the crossing, on the other hand, the neighbors were against the closure of the road • a • City of Denton City Council Minutes _...,1~ Fe:Druary 7, 1995 1 _ Page 11 I G as it would be an inconvenience to them. There was a public safety hazard at the crossing with possible litigation issues. During the Planning and Zoning Commission's public hearing, the residents spoke against the closure. A representative of the chamber of . Commerce linked this closure to negatively impacting the economic development in the area. The Planning and Zoning commission considered those comments as well as the fact that there was another crossing at the lower end of Corbin Road. The Planning and Zoning Commission felt that since the city had to maintain a second crossing on Corbin Road and plus the asuociated inconvenience of closing the road, the recommendation for annexation should be denied. According to the City Charter, in order to proceed with the annexation there must be 6 affirmative votes of the 7 members present. Terri Meador stated the landowners in the area felt that the property value would diminish if the road were closed and that there would be a safety issue if closed. A statement had been made that the closure would only affect a few people but at the last public hearing, she had presented petitions signed by hundreds indicating that the closure would affect many people. The closing of this portion of Corbin Road would not save the city any money as there was a second crossing to consider for closing. The primary reason for this proposal was for safety and that crossing was being I depicted as a dangerous zone. There had been only one incident since 1924. Mayor Castleberry stated that there had been two pubic hearings on the issue and this was another opportunity for individuals to speak regarding the issue. He indicated that Ms. Meador had indicated at a previous public hearing that she had driven into the low water crossing and had to be rescued. Meador stated that the water was higher than normal but not high enough to close the gates. Her car had stalled in the water due to • driving into the water too fast. She was not injured and had not asked for any help. Lyle Whitworth stated that there were seven gates which the City maintained and three water crossings. If the proposed area were closed, the City would still have to maintain the other gates and traffic would be diverted into a more dangerous situation. He , • asked how much more water was diverted into the area after the • • construction at the Airport began. Council Member Cott replied that probably a lot of water had been diverted. There was no question that that was what was happening and would continue to happen with more development. 0 • m • i A~ City of Denton City Coun.:il Minutes February 7, 1995 L'/0 o 1~(") Page 12 Whitworth stated that as far as a safety factor was concerned, if the road were closed, traffic would be diverted into a more dangerous area. Mayor Castleberry stateu that that crossing was air, idy in the City limits as this one was not. Denton had the authority to close that one if it wanted. Jackye Havenhill stated that since 1924 there had only been one incident regarding the crossing. There might be other areas in Denton which were more dangerous. If the proposed area of Corbin Road w,re closed and then the second low water crossing blocked, the residents would not have access to the area. She felt that closing the road would promote illegal dumping in the area. This was not progressing but regressing in the area. More avenues through the area were needed other than Airport Road. Mayor Pro Ten Brock asked if the workers who closed the gates were the drainage workers in the Utility Department. Persuad replied correct. Mayor Pro Tnm Brock asked how the figure was determined for the coat involved in closing the gates. Persuad replied that the figures were for the first crossing on Corbin Road. The costs also involved additional figures for vandalized gates etc. Two of the three years used for an average cost had higher rainfall which might had raised the average cost, These closures were done by two crews and not one crew, Mayor Pro Ten Brock stated that the City alone dealt with the low water crossing even though it was partly in the County. She asked if the City took on the expense of installing the gates. j I • Persuad replied that discussions at the time of installing the gates indicated that the City did take on the responsibility for the crossing. Mayor Castleberry indicated that the County shared in the law suit for the fatality. • Council Member Miller stated that when Council first began looking • • at this proposal, he was not aware of a second crossing. He asked if when one crossing was closed, the other was also closed. Persuad replied correct. • O , • w C' City of Denton City Council Minutes February 7, 1995 Page 13 'ACFl-, Council Member Miller asked when the gates were installed. Persuad replied after the fatality in the area. Council Member Miller replied that he had spent approximately 30 minutes in the area and that when the gates were closed it was not possible to go around them with a vehicle. Persuad replied correct. Council Member M?.ller stated that the crossing east on Corbin Road had the same construction where a vehicle could not go around the gates when closed. Persuad replied correct. Council Member Miller stated that going south on 135 it appeared that someone had access to Corbin Road. Persuad replied correct that there appeared to be signs that vehicles were using that road as an exit. Council Member Miller indicated that there appeared to be another such path near the second flood gate where vehicles could get around the gates. When the process was started, he felt the situation was simple to close the crossing to take care of the problem. If there were many individuals using the road to get across Airport Road to Bonnie Brae and both low water crossings were closed, it would eliminate complete access to the area. In terms of solving the overall problem would anything be accomplished by only closing one low water crossing. He asked if it wou?d be possible to install additional signs where people enter into the area warning then of any possible danger. Council Member Cott stated that the Airport was one of the key economic development areas of the community and one of the entrances tc the Airport was in this area. The road was a mess and the Cou..ty had to become more involved in the area as did the City. He frLS that more than one of these roads could not be closed at one time, The signage in the area was not good and he felt that the legal position was not good. He recommended that the Council take a long term view of situation and not do anything at this a time. He suggested discussing the situation with the County and set a time limit for closure of the issue. Mayor Castleberry asked the City Attorney to explain the legal obligations regarding signs. ..u~...~•. .~..rr_}.r. • ♦ r. •rrar.."rYi:.•♦.'r r.i • • 7< <~C) City of Denton city council Minutes February 7, 1995 ✓1Y1 Page 14 Acting City Attorney Bucek stated that there could be a sign in the area ai.d if the statement was nct the correct ,statement, it would not do any good. The issue was what the public perceived when approaching the sign. The law indicated that a reasonable warning must be given of a dangerous area if there was a defect which could not be observed. If there was a problem in an area with no warning signs and someone had a problem in the area, the city would not be liable as it did not know of the problem. If a problem came up again in the same area, it needed to be corrected because at that point, the City knew there was a problem in the area. The problem in the proposal was that there was some publicity already about the area and could be used against the city in another case. The City knew that there was a problem in the area and that could be used against the City in a suit. Council Member Smith stated that she had viewed the area and felt that both low water crossings were problems. She also understood the position of the residents. This was an extremely difficult situation to weigh all factors and to determine the right decision. She felt that there might be other solutions to handle both crossings or other ways to solve the problem rather than closing the road. Council Member Perry asked if the area were annexed, would the City be in a better position to do something about the situation. 31 Persuad replied that the proposed annexation would allow the City to have control. over the entire Corbin Road in order to effect the closure. Any annexation in that area, in the short term, would not be beneficial in terms of dollars and cents. Over the long term, the area had future potential for the City. The purpose of the annexation was tied to the closure of the road. Mayor Castleberry stated that if the area residents had a concern about illegal dumping in the City limits, they should call for • removal. If the dumping was in the County they should call the County for removal. He expressed concerned about the discussion at the public hearings regarding the City building a bridge over the low water crossing. He felt tha+; the non-residents were out of order to expect Denton residents to spend that kind of money on a bridge and the council would not be doing its job properly if that amount of money were spent. It had been overlooked in the ® Planning and Zoning Commission meeting that Jim Christal Road would • be realigned with the West Oak Street overpass. The bids had been let for that area. Anyone from area businesses would have easier access to the offices out through Jim Christal Road. He thought it was very interesting that the Chairman of the Denton Chamber of Commerce felt this was an economic development issue. This was not O i i City of Denton City Council Minutes February 7, 1995 Page 15 (f/ an economic development issue and did not affect the development of Airport. The Planning and Zoning Commission was an appointed board. The Council was elected and if another accident happened, the Council would be blamed, not the Planning and Zoning Commission. He felt that it was the responsibility of the Council to protect the citizens of Denton. Every time it rained, he wondered if the gates were closed. There was the problem of human error and if it happened again, there might be a greater tragedy. He urged the Council, to take care of the problem. The Council had considered three zoning cases which in work session they felt needed to be considered and twice the cases had been voted down. It was time to stop spending money if the Council was not going to proceed with these issues. If the Council did not do this, no one else would do it. There was the possibility of another fatality at the next rain and he did not want to continually worry about it. A life was worth a whole lot more than driving 1.1 miles around a closure. Chew motioned, Perry seconded to adopt the ordinance to annex the property. Council Member Miller stated that public hearings were intended to allow the Council to decide on an issue at the end of discussions rather than before. He had asked that this process be started. When the process was started, the situation was somewhat different than he found after the public hearing and the investigation process. He was not aware of a second low water crossing. The safety issue would not be solved by closing this one crossing. He agreed that the access to and from the Airport was Airport Road and infrastructure needed to be developed north rather than south of Airport Road. Regardless of decision, the City did not have the funds to do lot with the road over the next few years. Voting against the annexation did not mean that he was any less concerned about safety as before. i Mayor Castleberry stated that the Council should go out and view a project before beginning annexation. In three annexations, the Council had wasted time and money. On roll vote to adopt the annexation ordinance, Brock "nay", Cott j "nay", Miller "nay", Smith "nay", Chew "aye", Perry "aye", and J i Mayor Castleberry "aye". Motion failed with a 3-4 vote. B. The Council considered adoption of an ordinance annex`s,g and zoning a 199.5 acre tract located east of Mayhill Road and north of Edwards Road. (First Reading, A-64). (The Planning and Zoning Commission recommended approval 5-0.) i 0 • ca • ~Uo~daNo flan City of Denton City Council Minutes February 7, 1995 Page 16 6+1 C) Harry Persuad, Senior Planner., stated that the proposed ordinance related to the annexation of 199,5 acres. The purpose of the annexation was to have the City's landfill located on the site. The City had purchased all of the tracts except for 30 acres, According to the City Charter, 6 affirmative votes were required to proceed with the annexation. The zoning o.' the tract fnr the landfill was not included in the annexation proposal, Perry motioned, Smith seconded to adopt the ordinance. (First Reading). on roll vote, Brack "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. C. The Council cor.3idered adoption of an ordinance approving an agreement between the City of Denton and Texas Woman's University to provide funding to TWU CARES, a primary health care clinic. Barbara Ross, Community Development Administrator, stated that last June Council approved the Combined Statement for the CDBG and HOME programs which included $20,000 for TWU CARES. The program would provide health care for low income families. The following ordinance was considered: NO. 95-025 AN ORDINANCE APPROVING AW AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE FUNDING TO TWU CARES, A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. on roil vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew • "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The council considered adoption of an ordinance authorizing the Mayor to execute Amendment No, i to the agreement between the City of Denton and United Way of Denton County, Inc. dated December 7, 1993 and Amendment No. 1 to the agreement between • thn city of Denton and United Way of Denton County, Inc. dated ' • • Novt:,.)er 15, 1994, to allow additional time for the expenditure of funds. Barbara Ross, Community Development Administrator, stated that the amount of time necessary for the United Way to spend the 1993-94 0 a~ 0 City of Denton City Council Minutes P February 7, 1995 a f )i/ Page 17 contract year had not been estimated correctly. The first amendment extended the 1993-94 contract and the second amendment indicated that the 1994-95 contract would begin after the 1993-94 contract had been completed. The following ordinance was considered: NO. 95-026 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTOV COUNTY, INC., DATED DECEMBER 7, 1993 AND AMENDMENT NO, 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC., DATED NOVEMBER 15, 1994 TO ALLOW FOR ADDITIONAL TIME FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance amending the charges for use of the landfill; and authorizing the Superintendent of the Solid Waste Department to deny the use of the landfill to customers providing false information. (The Public Utilities Board recommended approval.) The following ordinance was considered: NO. 95-027 AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CHARGES FOR USE OF THE LANDFILL; AUTHORIZING THE SUPERINTENDENT OF THE SOLID WASTE DEPARTMENT TO DENY THE USE OF THE LANDFILL TO 0 CUSTOMERS PROVIDING FALSE INFORMATION; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8 F. The Council considered adoption of an ordinance amending , • the schedule of electric rates by adopting an amended schedule TGS (General Service Time of Use Rate). (The Public Utilities Board recommended approval.) • Q • u O City of Denton City Council Minutes 0~ February 7, 1995 Page 18 Jim Harder, Director of Electric Ut.i,lities, stated that the proposed ordinance was a revision in the time of use rate schedule. It applied to electric general service customers who were on time of use structures. The cn-pei.t demand charge would be raised and the off-peak would be lowe:•ed to correspond to the true demand costs. The following ordinance was considered: NO. 95-028 AN GRDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF ELECTRIC RATES BY ADOPTING AN A,iENDED SCHEDULE TGS (GENERAL SERVICE TIME OF USE RATE) ; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "ayc. Motion carried unanimously. Mayor Castleberry indicated that he had received two speaker cards requesting to address Item 7.B. which already had passed. He indicated that there would be another pubic hearing regarding the issue but that the individuals were welcome to speak. Donald Cunningham stated that his home was west; of Pecan M, bile Home Park and was opposed to the proposed landfill. He felt that the proposed height of the landfill was excessive for the site. Wilma Haggard stated that she lived in the area and was concerned about the height of the embankment and asked that it be set back further from the read. G. The Council considered adoption of an ordinance • authorizing the Mayor to execute an Amendment Number 4 to the agreement between the City of Denton and Freese and Nichols, Inc. for engineering services relating to airport improvements. (The Airport Advisory Board recommended approval.) Rick Svehla, Deputy City Manager, stated that during the final plan design for the extension of the runway, the FAA wanted air space • issues looked at and how to refurbish the localizes. During that • • time period, the City unofficially received notice that it would receive a grant. These items were not included in original contract but were discussed earlier and were included in the final phases. The grant funding included the estimated charges to match for the costs. i i • 0 0 45 N City of Denton City Council Minutes February 7, 1995 Page 19 1 F Council Member Cott left meeting the meeting at 8:45 p.m. The following ordinance was considered: NO. 95-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NUMBER 4 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ^NGINCERING SERVICES RELATING TO AIRPORT IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. Council Member Perry stated that much ti.ine had been spent on this issue and felt that this was a good investment. Council Member Cott returned to the meeting at 8;47 p.m. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance providing for adoption of the Affordable Housing Program; and authorizing the City Manager to utilize 901 Winetsox and 907 Windsor to provide a portion of the match required by the Federal Grant Program. Barbara Ross, Community Development Administrator, stated that the ordinance would allow the City to use 901 and 907 Windsor in its Affordable Housing Program. It was planned to construct two three bedroom single family units which wcald be consistent with other units in the area. The houses would be priced at or near market O value to families meeting income requirements. The fallowing ordinance was considered; NO. 95-030 AN ORDINANCE PROVIDING FOR ADOPTION OF THE AFFORDABLE HOUSING PROGRAM; AUTHORIZING THE CITY MANAGER TO U'T'ILIZE 901 AND 907 WINDSOR TO PROVIDE A PORTION OF THE MATCH REQUIRED BY THE n FEDERAL GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. i 0 Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "ayett, Cott "ayes', Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. • ca • ~'7ondNo -r~J- --QVGr s City of Denton City Council Minutes r) February 7, 1995 Page 20 l C./ r 8. Resolutions A. The Council considered approval of a resolution approving the assignment by Bruce Brown of the "Tract B" lease of airport property to Ralph Slater, said property consisting of 20,865.24 square feet. (The Airport Advisory Board recommended approval.) Rick Svehla, Deputy City Manager, stated that the Council had previously approved an ordinance which divided the Brown lease into several pieces for this purpose of assigning those pieces to other individuals. The proposed resolution assigned cne of those pieces to Ralph Slater. The following resolution was considered: NO. R95-014 f A RESOLUTION OF THE CITY COUNCIL OF THE IITY OF DENTON, TEXAS, APPROVING THE ASSIGNMENT BY BRUCE BROWN OF THE "TRACT B" LEASE OF AIRPORT PROPERTY TO RALPH SLATER, SAID PROPERTY CONSISTING OF 20,865.24 SQUARE FEET; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brack seconded to approve the resolution. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", chew I "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried I unanimously. 8. The Council considered approval of a resolution approving the application of the Housing Finance corporations Act to property within the City; authorizing and approving other matters relating to bonds to be issued by the Denton County Housing Finance Corporation, and repealing prior resolutions or orders in conflict herewith. City Manager Harrell stated that the Denton County Housing Finance corporation had received an allocation from the State of Texas authorizing that Authority to issue bonds for first t,tme home buyers within Denton County. The sale would close on February 23rd and would be available after that. In order to make the loans j within the city limits of Denton, the Counc.'Ll was required to authorize such expenditures and pass the propor;ed resolution. This was not a new program and had been done throughout the years with a the last issuance in 1991. • • The followicig resolution was considered: • a • • City of Denton city council minutes February 7, 1995 Page 21~ NO. R95-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE APPLICATION OF THE HOUSING FINANCE CORPORATIONS ACT TO PROPERTY WITHIN THE CITY; AUTHORIZING AND APPROVING OTHER MATTERS RELATING TO BONDS TO BE ISSUED BY THE DENTON COUNTY HOUSING FINANCE CORPORATION; AND REPEALING PRIOR RESOLUT,TONS OR ORDERS IN CONFLICT HEREWITH. Chew motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "ayes'. Motion carried unanimously. C. The Council considered approval of a resolution authorizing the Mayor to execute an amended lease agreement for the golf driving range between the City o1 Denton and Walter Nusbaum. (The Parks and Recreation Board re,:ommended approval.) Janet Simpson, Superintendent of Leisure Services, stated that last year the City entered into a three year lease agreement with Nusbaum to operate the golf driving range at North Lakes Park. The terms of that lease were that Mr. Nusbaum would make annual payments to the City of $5,000 the first year, $5,500 the second year, and $6,000 the final fear. In the first year of operation, Mr. Nusbaum had done an excellent job and had invested considerable amounts of money to make improvements to the facility. With the opening of the driving range on Loop 288, the golf driving range in Lewisville and another small range in Sanger, the market demand was lower than what was expected, In October Mr. Nusbaum asked the staff to reconsider the lease agreement and lower the annual payment for next two years to $5,000 each. This would be a reduction of $1500 over the three year term, i Council Member Cott asked if Mr. Nusbaum had tried to work with his costs. Simpson replied yes that he had looked at a different pricing for a bucket of balls and had made changes in that area and in marketing improvements. The following resolution was considered; A ' • • NO. R95-016 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GOLF DRIVING RANGE LEASE BETWEEN THE CITY OF DENTON AND WALTER NUSBAUM; AND PROVIDING AN EFFECTIVE DATE. Nwhim • a • O-Orl City of Denton City Council Minutes February 7, 1995 ~J `'"l l~ Page 22 Brock motioned, Smith seconded to approve the resolutioni. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried with a 6-1 vote. D. The Council considered approval of a resolution authorizing the mayor to execute an agreement between the City of Denton and the Upper Trinity Regional Water District for the repair and maintenance of Upper Trinity Regional Water District facilities. (Tt.e Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that this summer the Upper Trinity Regional water District had completed a pipe line which ran along Lillian Miller from 135 to Old Alton Read. The purpose of the pipeline was so that the City could sell wholesale water to UTRWD. This was a routine agreement whereby the City would maintain the pipeline for the District and the District would reimburse the City's actual cost. At this time, the District did i:ot have any personnel or equipment to maintain the line. The following resolution was considered; NO. R95-017 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE REPAIR AND MAINTENANCE OF UPPER TRINITY REGIONAL WATER DISTRICT FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE, Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. • 9. The Council considered a nomination to the Keep Denton Beautiful Board. There was no nomination at this time. 10. The Council considered nominations and/or appointments to the Juvenile Crime Interagency C^_alition. • Harlan Jefferson, Director of Fiscal Operations, stated that during , • January, two major steps were taken toward the implementation of the Juvenile Crime Interagency Coalition recommendation. First was the approval of a resolution establishing the coalition and the second was the agreement of thirtEan individuals to serve on the • • pop 7h IN' City of Denton city council minutes February 7, 1995 Page 23 .J- 310-~~~ coalition. The Council need-d to select three members to the Coalition - two at-large representatives and one representative from a local civic group, Council Member Miller asked about a representative from the Morning Kiwanis Club and the fact that she had not responded. Jefferson replied that he had been try,ng to reach that individual and had left several messages with no response. Council Member Cott suggested initiating staggered terms. Jefferson replied that for the first endeavor, staff was asking the members to serve _)ne year to determine how the Coalition worked before asking membera to serve for several years. Council Member Miller nominated Margaret Smith to the local civic group, category. e, On roll' vote, Brock "aye", Cott "aye", Miller "aye". Motion carriedeunanimcusly ry "aye", and Mayor Castleberry Chew motioned, Perry seconded to appoint the group at indicated in the agenda back-up materials. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew 'taye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, Chew motioned to appoint Margaret Smith as Chair of the Coalition. o n roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew carried unanimously,'aye~r' and Mayor Castleberry "aye". Motion 11. Vision Update { I I Mayor Pro Tem Brock indicated that time had been spent on terminology which would define the four major areas of goals. The next meeting would look at subheadings for the areas. She invited • members of the community to work in action teams which would be concerned with how to achieve the goals of the impact groups, Council Member Cott felt that if the business subjects were looked at first, it might produce money to be used for the arts, etc. Mayor Pro Tem Brock stated that that was the general strategy, 12. Miscellaneous matters from the City Manager. , • • Lloyd Harrell, City Manager, presented the following items: .._...--rte- . , ' • w • On I'l N, 0 ON City of Denton City Council Minutes l 7 February 7, 1995 Page 24 tl/ on Feb. 13 had been A. A draft agenda of the Special Board meeting in Greenville Utility Di rector, and chair of the Public Utilities,Board would the official delegation. Other', were welcome to attend if they so desired. 13. There was no official action taken on Closed Meeting Items, 14. New Business There wero no items of New Business suggested by Council Members for future agendas. 15. The Council convened into a Closed Meeting to discuss the following: A. Legal Matters Under TEX. GOVeT CODE Sec. 551.071 1. Conuulted with attorney in the case of C~tv of Denton v. Juren and Alexander, 2. Considered settlement demand in the claim of Kim Smith.. 3. Considered settlement demand in the claim of David Rose, ]'I B. Real Estate Under TEX. GOVeT CODE Sec. 551.072 I C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 With no further business, the meeting was adjourned. • BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS • JENNIFER WALTERS - ' • • CITY SECRETARY CITY OF DENTON, TEXAS ACC0024C 0 0 . • an • DOC/ F: ZE I CITY OF DENTON CITY COUNCIL MINUTES ..__Z' ~i February 14, 1995 The Council convened into a Closed Meeting on Tuesday, February 14, 1995 at 5:15 p.m, in the Civil. Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. I ABSENT: Council Member Chew I~ 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Seo. 551.071 1. Considered claim of MK Construction cwmpany, Inc. re: Denton Public Library South, 2. Considered authorizing funds to complete roofing subcontract on the Denton Public Library South. B. Real Estate Under TEX, GOVT CODE Sec, 551.072 f 1. Considered right-o.'-way acquisition options on U. S. Highway 180. 2. Considered possible parking lot lease of Union Pacific .right-of-way near the Denton Municipal Complex. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Council Member Chew joined the meeting during the Executive Session. The Council convened into a work Session on Tuesday, February 14, 1995 at 6:00 p.m. in the City Council Chambers, PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry, and Smith. ABSENT: Mayor Pro Tem Brock and Council Member Miller 1. The Council received a report, held a discussion and gave staff direction regarding a report from PHH Fantus on the results of the competitive analysis study. Mayor Castleberry indicated that due to the weather in Austin, the consultant from PHH Fantus was unable to be present. Mayor Pro Ten Brock and Council Member Miller joined the meeting, • _ w • AaopdaNa'. '-La r City of Denton City Council Minutes 0 ~~~~0 February 14, 1995 Page 2 Mayor Castleberry stated that the Fantus report would be presented on February 28, 1995. 2. The Council held a discussion and gave staff direction regarding a proposed workplan for economic development strategy implement ion. This item was not considered as it related to the Fantus study which could not be presented at this time. With no further business, the meeting was adjourned at 6:02 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO0251 • + a .w.+.w+.-. •.`^'~'~•t+~•..:.... ..1 ~ ..r rwr~ru11iY0'sYi'.-a.-vr, r.. S 1r s f ® Vii; ~ i ,~?~r~~t~~4~y lp~~Y~~GiFE t'r~+~f i ~~','G'!#~~N,Q S~j, u • c~ • CITY OF DENTON CITY COUNCIL MINUTES M1~ pln ( ) i Fabruary 21, 1.995 s Viz... The Counci: convened into a Closed Meeting on Tuesday, Fe' rua ry 2"1 1995 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Cou ci 0 em Members Cott, Perry, Miller and Smith, ABSENT: Council Member Chew 5:15 p.m. 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec, 551.071 1. Discussed procedures for utilizing options under Section 13 of the Power Sales Contract. 2. Considered settlement offer in City of Denrr,__y, Juren and Alexander. :i. Peal Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointmants Under TEX. GOVT CODE Sec, 551.074 1. Discussed City Attorney applicants and selection process, The Council convened into the work Session on Tuesday, February 21, 1995 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. ABSENT: Council Member Chew 6:00 p.m. 1. The Council received a report, held a discussion and gave staff direction regarding a request from the Town of Bartonville to release a 23 acre tract located on the southwest corner of FM 407 and FM 1830 from Denton's extraterritorial jurisdiction. Harry Persaud, Senior Planner, indicated that the City had received a request from the Town of Bartonville to release a 23 acre tract of land located on the southwest corner of FM 407 and FM 1830 from D from a enton's extraterritorial jurisdiction. The request originated by the Town of requesting1Bart nvilleea nex the indicated tproperty, The petition ® from Mr. Riley excluded a business located on the corner of the r • • property. There was a Lone Star Country Corner located at the corner of FM 407 and FM 1830. Mr. Riley's objective was to be able to sell. beer and wine at that location. In 1990 a similar request was made to the City of Denton, At that time, Council gave • • City of Denton City Counci'. Minutes February 21, 1995 P,a~, ,,,P10_ Page 2 _ direction that it might consider releasing the tract of land provided the City of Argyle and Town of Bartonville could agree on apportionment of the area. After working with those two cities for two and a half years, no agreement had been reached. Council informed staff to not release the property from the City's ETJ without compelling reasons. Nothing had changed with the situation except that Mr. Riley was now the new owner of the tract of land. Area residents in the past were opposed to the annexation as they warted to remain in the City's ETJ. Another issue to consider was the tact that the County had recently contacted staff that they would be beginning work on improvements on FM 407. The County in conjunction with the State would redesign the intersection of FM 407 and P?4 1830, The County had expressed concern that releasing land in the ETJ to Bartonville might delay the project. The attorney representing the Town of Bartonville suggested that if the City released the 23 acres, it could establish a contiguous boundary line for ETJ purposes through FM 407. In 1981 the City of Denton signed an apportionment agreement giving the City of Argyle all of the land from the center line of FM 1830 west and from the center line of FM 407 north. Staff felt that there was no compelling governmental reason to release the property at this time. Mayor Castleberry i.dicated that, letters had been received both for and against this issue and Council had copies of those letters. Council Member Smith stated that as the situation had not changed since the Council's last decision to keep the area in the City's ETJ and as that was the staff's recommendation, she agreed with that recommendation. Smith motioned, Brock seconded to retain this area in the City's ETJ. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council reconvened into the Closed Meeting at 6:10 p.m. • The Council convened into a Regular Meeting on Tue--day, February 21, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. ABSENT: Council Member chew 0 1. Pledge of Allegiance r • • The Council and members of the audience recited the Pledge of Allegiance. • • City of Denton city council Minutes QC1 February 21, 1995 v Page 3 Id l~ - l~ c 7n 2. The council considered a pproval of the minutes of January 3, January 10, and January 17, 1995. C,urcil Member Smith asked that the meeting of January 3, 1995 be considered separately as she was not present for that meeting. Brock motioned, Perry seconded to approve the minutes of January 3, 1 1995. On roll vote, Brock "aye", Cott "aye", Miller "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously with council Member Smith abstaining as she was not present for the meeting. Smith motioned, Perry second~,.d to approve the minutes of January 10 and January 17, 1995. On roll vote, Brock Faye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry aye Motion carried unanimously. Mayor Castleberry presented the Yard of the Month awards to: Wendy's Women's Club Judy Lawhorn Teri and Dick Smith 3. The Council received and opened bids regarding City of Denton Certificates of Obligation, Series 1995. Joe Dodd stated that he understood that certificates of oblarsation were backed up by property tax. He though,: that the City could not issue over $2. million through that medium to buy items for the City but apparently was incorrect. Section 7.06 of the Charter provided that the City could perform any act which State law indicated was legal. The City also had a contract with the citizens of Denton regarding revenue bonds. He understood revenue bonds were different but to buy land for a landfill should be a revenue bond process as opposed to certificates of obligation. If revenue bonds were considered over $1 million, the process should go before the citizens for a vote. It was not right to issue these bonds without citizen approval a..; it looked like the City was trying to avoid having the voters involved in the process. David Meda nich, First Southwest Company, indicated that there ware six bids for the certificates of obligations and five bids for the general obligation bonds. He presented the Council with a document which included a tabulation sheet for the bids and additional , ® Jnformation indicating the history of bond sales for the City plus 0 the ratings from the bond companies. The following companies had submitted bids with effective interest rates: A. G. Edwards - 5.9075 Merrill Lynch - 5.93 d 0 • m • February of Denton city council Minutes f ` 21, 1945 Page 4 Priticiple Financial securities - 6,011 33 C~ 4 Smith Barney Shearson - 5.4007 Service Asset Management - 5.9944 Nations Bank - 5,9062 Medanich indicated that it appeared that the bid from Smith Barney was the lowest bid. H4 indicated that all of the bids appeared to b9 within the bidding parameters and were submitted on time with good faith checks. 4. The Council received and opened bids regarding City of Denton General Obligation Bonds, Series 1995. David Medanich, First Southwest Company, opened the bids from the following companies and read the effective interest rates: A. G. Edwards and Sons, Inc, - 5.8595 Merrill Lynch - 5.8865 Service Asset Management Co, - 5.96294 Smith Barney - 5.9851 Nations Bank - 5.9397 It appeared that the bid from A. G. Edwards was the best bid. He would check the figures before the council adopted the ordinance, 5• Public Hearings A. The council held a public hearing and considered adoption of an ordinance amending Condition No. 3 of Ordinance 84-50 (adopting Planned Development 72) to allow the public maintenance of flood plain open space. The 9.15 acre tia,,t was located east of and adjacent to Bell Avenue. The entire planned development of 127.484 acres was located roughly near the confluence of Windsor, Locust, Hercules and Bell Avenues. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robb stated th tithisEwasuaibasi ally ar hofor usekeeping gis uand e.DeTheochange affected the flood plain open space, The City already owned the • area and maintained the area. The original ordinance indicated that the area had to be privately maintained, That was no longer applicable as the City owned the property, The Mayor opened the public hearing. No one spoke in favor. e • • No one spoke in opposition, The Mayor closed the public hearing. mood • • City of Denton City Council Minutes February 21, 1995 ^F- Page 5 The following ordinance was considered: NO. 95-031 AN ORDINANCE OF' THE CITY OF DENTON, TEXAS, AMENDING CONDITION NUMBER 3 OF PLANNED DEVELOPMENT NO. 72 (PD-72) AS DEFINED IN ORDINANCE 84-50, TO ASSUME RESPONSIBILITY OF THE FLOODWAY/OPEN . SPACE AREA THEREIN LOCATED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to a,opt the ordinance, Council Member Cott asked if it was possible to use property in other areas of the City in a similar manner. Robbins stated that there were areas where drainage was the issue which was a different issue than what was being considered with this ordinance. On. sell vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton certificates or Obligation, Series, 1995 and approving and authorizing instruments and procedures relating thereto. Rick Svehla, Deputy City Manager, stated that these were certificates of obligation as opposed to revenue bonds. Even if these were revenue bonds, the Council had a legal opinion from bond counsel indicating that State law would supersede those issues regarding an election. Kathy DuBose, Executive Director for Finance, stated that this ordinance would authorize the sale, issuance and delivery of certificates of obligation, Series 1995. Those certificates of • obligation were in the amount. of $2 million to be used for the developmen,: of a new landfill. a The following ordinance was considered: NO, 95-032 ® ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY ' • • OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1995, AND ! APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. O 0 • w • C~ C City of Denton City Council Minutes February 21, 1995 Page 6 C, L) ID . __..1.. 1 ~ ljob~L40 Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General obligation Bonds, series 1995 and. approving and authorizing instruments and procedures relating thereto. Kathy DuBose, Executive Director for Finance, indicated that the bonds were to be used for capital improvements for 1995 including street, park and drainage improvements. The following ordinance was considered; NO. 95-033 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION ANDS, SERIES 1995, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. Perry m,~,cioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller. "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Consent Agenda Perry motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motif-n carried unanimously. A. Bids and Purchase orders: 1. Bid #1695 - Sale of Land (Well Site No. 8) • 2. Bid #1725 - Water Treatment Chemicals 3. Bid #1720 - Fleet Vehicles 4. Bid #1714 - Fork Lift 5. Bid #1710 - Reroofing of Multiple Facilities 6. Bid #1716 - Heavy Equipment. Mechanic 9. Consent Agenda Ordinances Council considered Consent Agenda Ordinances 9A-9C. Smith • motioned, Perry seconded to adopt those ordinances. On roll vote, Brock "aye", Cott "aye", Millen "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. i • 0 e a • c` City of Denton City Council Minutes February 21, 1995 717 Page 7 , A. 95-034 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES, OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (8.A.2. - Bid ;#1725, B.A.3. - Bid ,#1720, 8.F 1. - Bid #1714) B. NO. 95-035 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. (8.A.5. - Bid #'1710, 8.A.6. - Bid ,#1716) C. NO. 95-036 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. (8.A.1. - Bid ,#1695) 10. Ordinances A. The Council considered adoption of an ordinance amending portions of Chapter 34, Article III, Division 3 relating to required improvements and general design standards for land development; and providing for the allowance of a thirty foot maximum drive for single or two family use for residences which have a three car garage. (The Traffic Safety Commission and the Planning and Zoning Commission recommended approval.) Jerry Clark, Director of Engineering and Transportation, stated that this ordinance would provide a specific amendment to assist individuals in thn construction of their driveways. The limit of 20' was not necessary and currently individuals were required to go throurn a variance procedure for a longer driveway. • The following ordinance was considered: NO. 95-037 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTER 34, ARTICLE III., DIVISION 3 RELATING TO REQUIRED IMPROVEMENTS AND GENERAL DESIGN STANDARDS FOR LAND ® DEVELOPMENT; PROVIDING FOR THE ALLOWANCE OF A TH)RTY (30) FOOT • • MAXIMUM DRIVE FOR SINGLE OR TWO FAMILY USE FOR RESIDENCES WHICH HAVE A THREE CAR GARAGE; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIGNS OF THE PROVISIONS HEREOF; AND PROVIDING • ca • City of Denton City Council Minutes ;,n , F+3bruary 21, 1995 wdt;Au Page FOR AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. Tha Council considered adoption of an ordinance . prohibiting the parking of vehicles on portions of Shady Oak Road. (The Traffic Safety Commission recommeriJ9d approval.) ;Terry Clark, Director of Engineering and Transportation, stated that this request located at the intersection of Shady Oaks and Woodrow Lane. The road carried a lot of traffic and a traffic signal warrant had been met. The signal would be installed during the summer. The no parking area would allow for a right and left turn lane. The following ordinance was considered: NO. 95 038 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON PORTIONS OF SHADY OAK ROAD; PROVIDING A P.JALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING P'LL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance amending Section 18-109 of Chapter 18 of the Code of ordinances by adding subsection 22 to Section 18-109 (a) which would provide two handicapped parking spaces on Mulberry. (TLe Traffic Safety commission recommended approval,) Jerry Clark, Director of Engineering and Transportation, stated • that the First United Methodist Church had requested the spaces as i which were located at the handicapped access to the Church. The following ordinance was considered, NO. 95-039 • AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION • • 18-109 OF CHAPTER 18 OF THE CODE OF ORDINANCES BY ADDING SUBSECTION 22 TO SECTION 18-109 (a) WHICH WILL PROVIDE TWO HANDICAPPED PARKING SPACES ON MULBERRY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS; ($200. 00) ; PROVIDING A SEVEP.ABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT • rya 0 w City of Denton City Council Minutes ~r,frp~p February 21, 1995 page 9 44) HEREWITH; PROVIDING FOR PUBLICATION; AND D CARING AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance creating two fifteen minute parking spaces in the 200 block of West Hickory. (The Traffic Safety Commission recommended approval.) Jerry Clark, Director for Engineering ari Transportation, stated that this was a request from Main Street and Rama's Courtyard. The new location for the restaurant needed the fifteen minute parking spaces for their carry-out lunch business. "ouncil Member Smith asked if the spaces would be fifteen minutes for the entire day or only during working hours. Clark replied that the fifteen minute time limit would be from 8:00 a.m. - 5:00 p.m. Monday through Friday. The following ordinance was considered: NO. 95-040 AN ORDINANCE CREATING TWO FIFTEEN MINUTE PARKING SPACES IN THE 200 BLOCK OF WEST HICKORY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 0 E. The Council considered adoption of an ordinance authorizing the city Manager to execute an agreement between the city of Denton and Fred Moore Child Care Center, Inc. to provide for Community Development funding of construction improvements. Frank Robbins, Executive Director for Planning and Development, stated that the contract was for $200,000 of Community Development 6 Block Grant funds for major improvements at the Center. One 0 0 stipulation of the contract was that the property had to be used as it was today for at least 10 years. Council member Cott stated that ten years from now HUD and CDBG funds would not be available. i i e a J • C.1 • City of Denton City Council Minutes February 21, 1995 PI Page 10 ,r Robbins replied that this would be a use of existing `dollars ~and not future dollars. The following ordinance was considered: NO. 95-041. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER, INC. TO PROVIDE FOR COMMUNITY DEVELOPMENT FUNDING OF CONSTRUCTION IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED $200,000; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "ayes', Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. 11. Resolutions authorizingh theCounc sub issionn of Band application tof a o the Office resolution of Community Oriented Policing Services of the United States Department of Justice requesting funding for the accelerated hiring, education, and deployment, of three new police officers for community policing. Mike Jez, Chief of Police, :3tated that this resolution would authorize the City Manager to submit a grant request for $359,938 for the hiring of three additional officers for the community policing project. The following resolution was considered: NO. R95-018 A RESOLUTION OF THE CITY OF DENTON, TEXAS, -LUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR THE UNITED STATES DEPARTMENT OF JUSTICE REQUESTING FUNDING FOR THE ACCELERATED HIRING, • EDUCATION, AND DEPLOYMENT OF THREE (3) NEW POLICE OFFICERS FOR COMMUNITY POLICING; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to approve the resolution. On roll vaye, Band Mal ye", Co"aye11, Miller 'lave,' Smith "aye", Perry Mayor Castleberry "aye". Motion carried unanimously. e B. The Council considered approval • • authorizing support for a pr of a resolution esentati Central Texas to the Texas pTransportation mmission.Ve from North i i • 0 • a • Cicy of Denton city council minutes r, k February 21, 1995 Page 11 O ►~M1_.. Rick Svehla, Deputy City Manager, stated that Council Member Miller had received this resolution from the Regional Transportation Committee in an effort by the Council of Governments to urge the Governor to appoint a representative from the North Texas area to the Highway Commission. Currently the three member Commission had members from other regions of the State and North Texas was not represented. It was felt that it was very important to have a representative from this area. The .owing resolution was considered: NO, R95-019 A RESOLUTION AUTHORIZING SUPPORT FOR APPOINTMENT OF A REPRESENTATIVE FROM NORTH CENTRAL TEXAS TO THE TEXAS TRANSPORTATION COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to approve the resolution. On roll voteBrock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and' Mayor Castleberry "aye". Motion carried unanimously. 12. The Council considered nominations/appointments to the Juvenile Crime Interagency Coalition. Harlan Jefferson, Director of Treasury Operations, stated that on February 7th, Council started the process of selecting members to this Coalition. There were seven outstanding members to still be selected. The two at-large positions were appointments by the Council. Council Member Miller nominated Charlie Colu for an at-large position. On roll vote for Charlie Cole for an at-large position, Brock "aye", Cott "aye", Miller "aye", Smith "aye9', Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Brock motioned to approve the two additional names on p the list. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 13. The, Council considered a nomination tri the Keep Denton Beautiful Board and the Traffic Safety Comn.ission. A Council Member Chew was not present at the meeting to make a r • nomination to the Keep Denton Beautiful Board. Council Member Miller indicated that he was not ready to present a nomination at this time. • 0 0 s City of Denton City Council Minutes 1`. February 21, 1995 NZ, Page 12 Lllio ~ 14. Miscellaneous matters from the City Manager. Rick Svehla, Deputy City Manager, indicated that he did not have any items for the council, 15, There was no official action taken on items discussed during the Work Session Closed Meeting. lb. New Business The following items of New Business were suggested by Council Members for future meetings: A. Council Member Smith indicated that the Council s Adopt- A-Spot needed cleaning and asked for a date when the Council could gather to clean the area. Consensus of council was that Monday, February 27th would be a good date. B. Council Member Perry praised those attending the bond rating trip for the good job they did for the. City. 17. The council did not meet in a Closed Meeting during the Regular Session. With no further business, the meeting was adjourned at 7:55 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS ACCO0254 i s ..-.w..,..{.-. _ ~ rr~...wa:+.~.r~, w.nr•_ 1 r .i i 1 ) f'y\iyS~ . `~k~3~t ref Uf i~ ° l}1~~5~'ty~~g ~ r { CITY COUNCI) 41 ~ C 4 y r v 1 IA c, w r A gdalte LADD CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ DENTON, TEXAS 76201 ~ TELEPNONE(017J 566.8307 011ice of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: March 3, 1995 SUBJECT: Request For An Exception To The Noise ordinance For The Denton Arts and Jazz Festival, April 29-30, 1995 BACKGROUI Ms. Carol Short, representing the Denton Festival Foundation, has requested that the City Council grant an exception to the noise ordinance for the use of loudspeakers, amplifiers, and musical instruments for the purpose of holding the 15th Annual Denton Arts and Jazz Festival, April 29-30 (Attachment 1). The noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, especially after the hour of 10:00 p, m. (Attachment 2). However, the ordinance states that the City Council may make exceptions when the public interest is served. The Denton Arts and Jazz Festival offers music, entertainment, art, and food in a culturally diverse atmosphere to people of all ages. Last year the festival entertained visitors from 62 Texas cities and the States of Arkansas, California, Illinois, Kansas, Louisiana, Massachusetts, Michigan, Missouri, New Mexico, New Jersey, and Oklahoma. With an annual attendance of approximately 40,000, this is truly a signature event in Denton. As always, admission is free. For the 1495 Festival, the exception is requested especially for Sunday, April 30, from noon until A:30 musical instruments, sound systems, and other related speakerslat!d equipment will be used. i ~D~RAJ.'f~._L)$PARTMENTS, OR .unt1PR Y+FFECTED; Citizens and visitors attending the Festival, neighborhood ♦ i • residents. FISCAL IMPACT' None. "Uedierved to Qrrolip Sen-ice" 0 Ilk ~Ie • - w gonJr, No, C ~"1 Please advise if I can [z!1- provido additional informaticn. RESPECTFULLY SUBMITTED, T LIOYd V. Harrel City Manager Prepared by: 4aista eep Portugalnt to the City Manager Attachments: 1. Letter From Carol Short, Festival Foundation Coordinator 2. Noise ordinance • I 1 . _ ..w.... .ar.~air?rss•vu~rw... rt iYt~ls ti'~A v r ~1~~ il.. NMI, f s l:R m `i Ow ZVI' r~ Q • 1% N) VAT 1 F? S 1 1. C~ February 16, 1995 Mayor Bob Castleberry and City Council 215 E. McKinney Denton, Tex,s 76201 Dear Mayor Castleberry and City Counc'1 Members, The Denton Arts and Jazz Festival is scheduled for April 29-30 in the Civic Center Park and adjacent facilities. We are requesting a noise ex- emption for Sunday, April 30, from noon to 8;30 pm. This is for the use of musical instruments, sound syst ;ns, and other related speakers and equipment, to grow and again o very u successnul d because support, of the wonderful continues support from the City of Jenton staff and the Parks and Recreation Dept. The Police Department and o11pr city entities are always very coopera- tive and we are grateful for ills generous commitment every year. The event Is free The music, entertainment,rd art tandt food over 40,000 to D~tnton an, 11y. the festival appeals to all ages. Thank you ayjin for your dedication to the Denton Arts and Jazz Festival. Sincerely,&A, ~t- Carol Short Festival Foundation Coordinator a Denton Festival homi Blinn 1'. U Box 2104 Ihnlon,'Fexas 76202 (817) %5A)Y31 77 "s G,{N~F1~i~ti 11 iii tr. ,:,t_,.- tcY ~.,aa~L+ ia... s•W,1sv,i • • Chapter 20 LA 0 NUISANCES' Art, I. In General, if 20.1-20.30 Art. II. Abandoned Property, if 20.31-20.70 Div. 1. Generaily, ff 20.31-20.40 7 Div. 2. Motor Vehicles, If 20.41-20.70 Art. III. Grass and Weeds, if 20.71-20.73 ARTICLE I, IN GENERAL Sec. 20.1. Nolp!, 1 (a) It shall be unlawful for any person to make or cause any unreasonably loud, dis- turbing, unnecessary noise which causes or may cause material distress, discomfort or iWury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be ui"wful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homer by persons of ordinary sensibilities, (c) The following acts, among others, are declared to be noise nuisances In violation of this Code, but such enumeration shall not be deemed to be exclusive: (I) The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the hours of 10:00 p.m. and TOO a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinar,/ sen• sibilities in any dwelling, hotel or other type or residence; f2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10:00 r.m. and 7:00 a.m„ or the opemtlon of such loudspeaker, amplifier or musical instrument at any time on Sunday; provided, however, that the city council may make exceptions upon application when the public interest will be served thereby; • (3) The blowing of any steam whistle attached to any stationary boller or the blowing of any other loud or hr-reaching steam whistle within the el hl except to give notice of the time to begin or stop work or as a warning oldanpr; (4) The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through • •Croas redrream-protected migratory bird roosts declared nuisance, 16-67; inspection • t) and abatement warrants, f 1988 at seq.; Insect and rodent control in mobile home and W. rational vehicle parka, f 32.91, supp.No.1 1380 • ra • f 20.1 DENTON CODE 5 0~5 Saturday; provided, however, that the city council may issue special permits for such work at other hours In case of urgent necessity and In the interest of public safety and convenience;; (6) The creation of any loud and excessive noise In connection with the loading or un• Jostling of any vehicle or the opening or destruction of bales, boxes, crates or con. tamers; (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatrv, mokion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1966, 46 14.20, 14.21) Crow reference-Animal noise, 116.26. Sec. 20.2. Odors. (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the Immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities, (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary tertsibilitiee; (2) Offensive odors from privies and other similar plies; (3) Offensive odors from the use or possession of chemical or from industrial processes or 1 activities which disturb the comfort and repose of persons of ordinary sensibilities; 141 Offenaive odors from smoke from the burning of trash, rubbish, rubber, chemleals or • ether things or substances; (6) Offensive odors from stagnant pools allowed to remain on any premL&" or from rotting garbage, re3b se, offal or dead animals on any promises, (Code 1966, N 14.22, 1423) Sec. M3. Garbage, bush and rubbisb auLsanoea-flenerally, , (a) Storing beep!n/ po rbage, hoer and rubbish. The storing .u keeping of any and all • • stacks, heaps or piles of old lumber, reties, junk, old on or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demollshed or partly dsmoUshed st etures or buildings, piles of stones, bricks or broken rocks on any premium bo.49ring any public street Supp No 1 1390 ! Q • • CITYV COUNCI t o0 o, 4 Q ♦ Oy to -6 r c w t • ~0~ o GL ~ ~ • • r • p • W • r AgWk ApenJa li ~e,~nlui~orn~e tn a~mciatiun of I ~(Q 18TAT1 RSP1tXSWrATIVN NARY D flfNY WHEREAS, State Representative Mary Denny was elected to the Texan House of Representatives in 1992 and was re-elected to serve the citizens of the 63rd Texas House District in 19941 and WHER]?AS, Representative Denny has recently been appointed to serve on the House Human Services Committee and the House Elections Committee; and WHEREAS, Representative Denny is committed to providing effective leadership and strong representation to the citizens of the City of Dsntrn in her capacity in the Texas House of Reprosen- tat-ivee; and WHEREAS, Representative Denny's effective leadership In the Texas House has made her a respected member of the Texas Legisla- ture; and V,4ERLNS, Representative Denny brings integrity, honesty, and a strong work ethic to the Texas Senatel and WHEREAS, Representative Denny's commitment to public service is evidenced by her many years of active involvement in many civic and community projects and organizations! and WHEREAS, the Council of the City of Denton wishes to express its sincere appreciation for Representative Denny's tireless efforts to provide the best representation for the citizens of the City of Denton! NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESs That qqhe sincere and warm appreciation to Representative Mary Denny, felt by the citisens and staff of the City of Denton, be formally conveyed to her in a permanent manner by reading this Resolutica lnto.the official minutes of the City of Dentonj and BE IT FURTNER'RUOLVEDi That the city Council of Denton is most grateful for Represen- tative Denny's commitment to serve the citizens of the 63rd District of Texas and hereby expresses its support to her during the 74th Legislative Session and its appreciation for her psrticl- patJ^n In Denton County Day 1995. PASSED AND APPROVED this the day of , 1995. • R078 CASTLSHERRY, MAY ATTESTi JENNIFER WALTERS, CITY SECRETARY BY~ AP(~t/6.~d.([L~. • kk/ VSD TO LEGAL FORl4i • MICHAELA~, BUCE1(, ACTING CITY ATTORNEY BYC e • • S i. AgendaNo IA.~~~QZj Agendalte tnaPVr:rj"tMllf Date 'STAT7 RRPRXS=fTATZVR BURT M. BOL GG S•-~-b WHEREAS, State Representative Burt R. Solomons was recently elected to the Texas House of Representatives to serve the citizens of the 65th Texas House District in November of 19941 and WHEREAS, Representative Solomons, in his freshman term, has been appointed to servo on the House Committee of Business and Industry and the Committee on Economic Development) and effectirveEleader hip and t atrong representatin committed to he citizensproviding the City of Denton in his newly elected capacity in the Texas House of Representatives) and and aVst ong,work ethic to Reresentative the 9 Texasn House rings Reinterity, presentativestsand WHEREAS, Representative Solomons' commitment to public service is evidenced by his active involvement in many civic and community projects and organizational and WHEREAS, the council of the City of Denton wishes to express its sincere appreciation for Representative Solomons' willingness to give of hie time and energy in this new role in the Texas House NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi That the sincere and warm appreciation to Representative Burt R. Solomons, felt by the citizbns and staff of the City of Denton, be formally conveyed to him in a permanent manner by reading this Resolution into the official mInuteu of the City of Denton and BE IT FVRTM 1DOOLV6D3 W. The I~ C Council of Denton is most grateful for Represen- tative N "weitment to serve the citizens of the 65th District aM Tcsas and hereby expresses its support to him during the 74th Legislative Session and its appreciation for his partici- pation in Denton County Day 1995. PASSED AND APPROVED this the V~Iday of A 19AS. BOB CASTLEBERRY, MAY ATTESTo JENNIFER WALTERS, CITY SECRETARY I ale: 1/////J~fl APPHQVED A TO LEGAL FORMi , MICHAE~LL A. RUM, ACTING CITY ATTORNEY , Sys ~ ik GZ !L. r,~,~ ' B , • • a • +~QMd1N0. Apaedalle P,~iYi~~te _ En fs w t uan of a NOTATE RBFRBSBMTATIVB JSN II0~ WHEREAS, State Representative Jim Morn was elected to the Texas House of Representatives in 1980 and was re-elected to serve the citizens of the 64th Texas House District In 19941 and WHEREAS, Representative Horn has recently been appointed to serve on the powerful House Ways and Means Committee and the State Recreational Resources Committee of the Texas House of Representa- tives) and WHEREAS, Representative Porn has prertided effective leadership and strong representation to the citizens of the City of Denton by obtaining a 95 percent cumulative conservative voting record during his service in the Texas Legialaturet and WHEREAS, Representative Horn's effective leadership in the ' Texas House earned hir the prestigious appointment as the first Minority Floor Whip by the Republican Caucusi and WHEREAS, Representative Horn brings integrity, honesty, and a strong work ethic to the Texas Houser and, WHEREAS, Representative Horn has been recognized with such prestigious awards as the Distinguished Service Award presented by the Texas Chamber of commerce and was honored for his outstanding achievements during the Top Ten Conservative Legislators Awards Ceremonyt and WHEREAS, the Council of the City of Denton wishes to express its sincere appreciation for Representative Horn's tireless efforts to provide the boot representation for the citizens of the City of Dentont NOW, THEREFORE, THE CO OA CI7'Y OF DENTON HRRESY RESOLVU , jW1 The ~gcors and warm appreciation to Representative Jim Horn, !e oitito a and staff of the Cit of Denton, bu formally to him in a permanent wanner reading this Resolution into the official minutes of the City o Dentont and BE IT PURTHER RESOLVEDt That the city council of Denton is most grateful for Ropresen- tative Horn's commitment to serve the citizens of the 64th District of Texas and hereby expressos its support to him during the 74th Legislative Session and its appreciation for his participation in Denton County Day 1995. PASSED AND APPROVED this the day of 1995. ; O SON CASTLEBERRY, M OR I ATTESTi JENNIFER WALTERS, CI" S&CCR-EyTARY • B y i C3666id8_.~ APP D AS LEGAL PORMt MI L A. B\\UC''EX, ACPINO CIT/YkTI"ORNRY BY ,G~.CeJO c aX , • • VpdaNo. &9jaw"Jan", Pdaltenld!: mate to a{Predetimf of {d 'STATE SENATOR JAMS NELSON' WHEREAS, State Senator Jane Nelson was elected to the Texas State Senate in 1997 and was re-elected to serve the citizens of the 9th Senatorial District in 1994 and WHEREAS, Senator Neleon has recently been appointed to cerve on the Education Committee, State Affairs Committee, and Nomina- tions Committee, and serves as the Vice Chairman of the Health and Human Services Committee of the Texas Senates and WHEREAS, Senator Nelson has provided effective leadership and strong representation to the citizens of the city of Denton both as a member of the State Board of Education and as a Texas State Senat.orr and WHEREAS, Senator Nelson's effective leadership in the Taxlw Senate has made her i respected member of the Texas Legislature and WHEREAS, Senator Nelson brings integrity, honesty, and e strong work ethic to the Texas Senatei and WHEREAS, Senator Nelson has been rfcognized with such prestigious awards as the 1993 Top Ten Legislators from the Free Market Foundation, the 1993 outstanding Legislative Leadership Award by the Texas Christian Coalition, and the 1994 Outstanding Leadership in Government Service Award by the Professional Agricultural Workers of Taxsel and YHEREAS, the Council of the City of Denton wishes to express ins sincere appreciation for Senator Nelson's tireless efforts to provide the best representation for the citizens of the City of Dentoni W0*1_.TX"jWDWE1 THE LI)W 114M *TY Of DENTON NEREBY RESOLVES, Thet' 144re and warm appreciation to Senator Jane Nelson, felt by t J%lseea and staff of the city of Denton, bc formally conveyed tb her in a permanent manner by reading this Revolution into the official minutes of the City of Dentoni and BE IT FMTHER RESOLVED! That the City Council of Denton is most grateful for Senator Nelson's commitment to serve the citizens of the 9th Senatorial District of Texas and hereby expresser, its support to her during the 74th Legislative Session and its appreciation for her partici- pation in Denton County Day 1995. • PASS9D AND APPROVED this the day ofAdAdoee., 1995. BOB CASTLjBEY MR ATTEST! JENNIFER WALTERS, CITY SECR=L!Y i BY, APP am TO LEGAL PORN, MICHAEL A. BVCSK, ACTING CITY TTORNEY • • ggeMf~No ~I„~~ Agsndalt Inayprcciat~Irnaf ~ate,_ -'~'?-9's' "STATE EEMATOE DAVID rIBLEY 5(0~~ WHEREAS, State Senator David Sibley was first elected to the Texas legislature in 1991 and re-elected to serve the citizens of the 22nd Senatorial District in 1994 and WHEREAS, Senator Sibley has recently been appointed to serve on the Finance Committee, Education Committee, and International Relations, Trade and Technology committee, and serves as the Chairman of the Senate Economic Development Committee] and WHEREAS, Senator .Sibley's effective leadership in the Texas Legislature earned him recognition as an outstanding Freshman Legialatori and WHEREAS, Senator Sibley's effective leadership in the Texas Senate has made him a respected member of the Texas Legislaturs7 and WHEREAS, Senator Sibley brings integrity, honesty, and a strong work ethic to the Texas Senator and WHEREAS, Senator Sibley has been named by Texas Monthly Magazine one of the state's Ten Beat Legislators, and has been recognized as 'Texas Medicine's Bast• by the Texas Medical Association, and as "Legislator of the Year" by the Texas Academy of Family Physicians and WHEREAS, the Council of the City of Denton wishes to express its sincere appreciation for senator Sibley's tireless efforts to provide the best representation for the citizens of the City of Dentoni NOW, THERMU, THE COUIICZy,Qj CITY or DEN'!ON HEREBY RE8OLVE9i TIutA si and warm appreciation to Senator David 91b1sy~ citissas and staff of the City of Denton, be forma~tyy hiw in a permanent manner h reading this Resoliiticu t the:~tfioial minutes of the City of Denton and BE IT FURTHER RESOLVEDt That the City Council of Denton i■ most grateful for Senator Sibley's comniteent to serve the citizens of the 22nd Senatorial District of Taxes and hereby exprsrseo its support to him curing the 14th Legislative Sesaton and its appreciation for his partLci• potion in Denton County Day 1995. PASSED AND APPROVED this the 1!~, day of LdAdm16--_, 1995, • BO CA8TL885RRY, 7R ATTESTt JENNIPER WALTERS, CITY SECRETARY , • BYt • • APP VED AA~PO LEGAL PORMi " MICHAEEELJ~A.'BUCEK, A^CTINO CIITTY/ ATTORNEY BY I • r • • Agenda No ~ f..,as~.eAgendal le Mil + te~.3-7-9fi to appnftattan of / - NOTATE sn"TOE TM E1IYWOODk WHEREAS, State Senator Tom Haywood was recently elected to the Texas State Senate to serve the citizens of the 20th Senatorial District in November of 1994, and WHEREAS, Senator Haywood in his freshman term has been appointed to serve on the Senate Committee of the Whole on Legislative and Congressional Redistricting, the Economic Develop- ment Committee, the Education Committee, the Natural Resources Committee, and the Sub-Committee on Agriculturer and WHEREAS, Senator Haywood is committed to providing effective leadership and strong representation to the citizens of Denton County In his newly elected capacity in the Texas Senmter and WHEREAS, Senator Haywood brings integrity, honesty, and ,a strong work ethic to the Texas Senates and WHXRFAS, Senator Haywood's commitment to public service has been wi.treaned ao a professor in the university system in the State of Tex,1Nt ani WHEREAS, Senator Heywood's achievements in the private sector and his success as a small business owner offers the constituents of the 70th senatorial District strong, fiscally conservative representations and WHEREAS, the Council of the City of Denton wishes to express its sincere appreciation for Senator Haywood's willingness to give of his time and energy in this now role in the Texas Senates NOW, THEREFORE, THE COUNCM OF Tp' CITY OF DENTON HEREBY RESOLVESr V.' J 1t. That„4 wr WceYe and warm appreciation to Senator Tom Haywood, felt by 't tisess and staff of the City of Denton, be formally convoy into the o fS nn n tip ofe1:t,emCaity of Deentonj and is Resolution BE IT PURTHER RESOLVEDr That the City Council of Denton is most grateful for Senator Haywood's commitment to serve the citizens of the 30th Senatorial District of Texas and hereby expresses its support to him during the 74th Legislative Session and its appreciation for hie partici- pation in Denton County Day 1995. PASSED AND APPROVED this the day of 1996. • Sol CASTL RRRY, MAY ATTESTr I JENNIFER WALTERS, CITY SECRETARY I • BYi • r 1 APP VED TO LEGAL PORMi MICHAEL A. BUCRK, ACTING CITY ATTORNEY ........r.. ~t.raw~r.. war.. • • r Q 5.f ~ 1 ~ l: • ca r r --COUNCI { ~C at ® r u NOGG ~~~~OJ • • . r • d • m • ~glRdaNo -UQ-~ ~oa~t DATE: March y ~-Q CITY COUNCIL REPORLFORMAT b TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTIONS 35-76, 35-77 AND 35-301 OF THE CODE OF ORDINANCES TO DELETE THE DEFINITION OF 'OFF-STREET PARKING INCIDENTAL TO THE MAIN L13E', DELETE SAME FROM THE TABLE OF PERMITTED USES AND PROVIDE FOR A LIST OF PERMITTED CIRCUMSTANCES. RECOMMENDATION: The Planning and Zoning Commission voted unanimously to recommend adoption. (5-0) SUMMARY: The draft ordinance proposes to delete the definition of "off-street parking Incidental to the main use", delete the same from the table of permitted uses and to provide the following permitted circumstances: (a) On a lot or tract encompassing only one zoning classification, off-street parking Incidental to the main use Is permitted on the same lot or tract as the main use. (b) On lots encompassing two or more zoning classifications, off-street parking incidental to the main use Is permitted only as follows: (1) Off-street parking on the same lot or tract as the main use may be located within MF-1, MF-2, P, OAR, 0, NS, GR, C. CB, LI, or HI zoning districts (2) Off-street parking incidental to non-resldential or multi family (other than MF-R) main uses may not be located in the Agricultural, Single Family, Two Family or Multi family- Restricted zoning districts. The Planning and Zoning Commission at its study session on January 11, 1995, discussed a survey of selected cities with regard to this Issue. A copy of that survey is included in attachment #2 and the minutes of that discussion is Included in attachment #3. The Commission held a public hearing and considered this • 0 • - Q • f~,andaPlo IV Item at its regular meeting on February 22, 1996 and voted un~ en us y o~ recommend approval. AC)-, l' _ a)kJ It should be pointed uut that off-street parking Incidental to a nonresidentia l use currently exists in single family zoning districts today. One example is the Red Lobster restaurant on Lillian Miller Parkway which has a parking lot on land zoned SF-16. All off-street parking incidental to multi family MF-1 and MF-2 or any non residential uses, which currently exists in single family, two family, multifamily restricted or agricultural zoning districts, shall become nonconforming uses after the proposed ordinance Is adopted. ACKGROUND: In the 1969 zoning ordinance "off-street parkinp incidental to the main use" was defined so that It was allowed m~jftn t .e same 1nj, :o latript or °a dEkIn istrict. Given this definitlor, off-street parking Incidental to a non-residential mma nn use would not be allowed In a single family residential zoning district. However, Ina 1977 zoning ordinance amendment, the term i Nn thgjamezonIng district or adJacent oarfclnn ~,,,-0 s ri was omitted. That omission was carried over into the current ordinance thus permitting off-street parking incidental to a non- residential use In a single family district If that zoning district exist on the same lot or tract as the main use. PROGRAMS DEPAR_TMENT,S OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: Not applicable • Respectfu submitted: Lloyd Harrell City Manager Prepared: Harry N. Persaud, MRTPI, AICP Senior Planner • 0 ,ti • a • Fudaotiafdo. r- Appfoved; Frank H. Robbins, AIC Executive Director Planning and Development Attachment #1, Ordinance Attachment #2: A survey of selected cities Attachment #3: P & Z Minutes of January 11, 1995 Attachment #4: P & Z Minutes of February 22, 1995 • • • of fnt rep, ,,J ATTACHMENT i f1CCi';,';,iCII1 ORDINANCE NO. V p~0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION'S 35-76, 35-77 AND 35-301 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO DELETE THE DEFINITION OF, AND TABLE OF PERMITTED USE ENTRY FOR, OFF-STREET PARKING INCIDENTAL TO THE MAIN USE, AND TO RELOCATE :ND CLARIFY RESTRICTIONS APPLICABLE THERETO; PROVIDING FOR A PEN- ALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it appears that zoning regulations relating to off- atzeet parking incidental to the main use have been questioned as being subject to more than one interpretation; and WHEREAS, it appears that some of this confusion may have been created by the unexplained deletion of certain words within a for- mer codified definition of "off-street parking incidental to the main use", as well as a codified structure which placed undue reli- ance upon a definition to create a zoning restriction; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas has recommended amending the Code of Ordinances to clarify the restriction applicable to off-street parking incidental to the main use, to improve clarity, and to prevent the anomalous use of residentially- zoned land to serve the parking needs of non- residentially zoned land within the same lot or tract; NOW THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION IL That Section 35-76 of the Code of Ordinances, City of Denton, Texas, is hereby amended by deleting the definition of "Off-street parking incidental to the main use". All other defini- ticna not specifically referenced herein remain unchanged, SECTION II, That Section 35-77 of the Code of Ordinances, City of Denton, Texas is hereby amended by deleting from the table of permitted uses the entry relating to "off-street parking inci- dental to the main use". All other items contained within the table of permitted uses not specifically referenced herein remain unchanged. ACTION III. That Section 35-301 of the Code of Ordinances, City of Denton, Texas, is hereby amended to add a new subsection (e)(6) to read as follows. All other portions of this section not S specifically referenced herein remain unchanged, ' i 1 ji I .-..-...w,-'Pw:,. ~ • r ter... r.~r ..u....., y.. • ca • Sec. 35-301, Vehicle Parking Regulations c~ [Subsections (a) through (d) unchanged) (e) Special off-street parking regulations shall be as follows; (Subsections (e)(1) through (e)(5) unchanged) (6) off-street parking incidental to the main use shall be restricted to the following permitted circum- stances, subject to all other requirements speci- fied by ordinance: (a) On a lot or tract encompassing only one zoning classification, off-street parking incidental to the main use is permitted on the same lot or tract as the main use. (b) On lots encompassing two or more zoning clas•• rifications, off-street parking incidental to a main use is permitted only as follows: (1) off-street parking may be located within MP-1, MF-2, P, OAR, 0, NS, GR, C, CB, LI or HI zoning districts, if located within the same lot or tract as the main use, (2) Off-street parking incidental to non- residential or multi-family (other than MF•R) main uses may not be located in agricultural, single-family, two-family, or multifamily-restricted zoning dist- ricts. (Subsection (f) unchanged) 19EQTION IV. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application • thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity of the remaining portions of this ordinance, and the city Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTl0LN--y. That any person violating any of the provisions of S this ordinance shall, upon conviction, be fined a sum not exceeding • • Two Thousand Dollars ($2,000); and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of any other remedies as may be available at law and eq- uity. PAGE 2 Y 0 • • A7~n0,~No 1 l1RV Ld'.; I~V~1~.. MOTION VI That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: I • • , • • PAGE 3 .r.w.,...,.~..,..r...~.... y ~ r..+.r•^..........c: t'a4rw-. ; ? . p4,%}'+~~~~~i ~{~i,~ ~6 11r Y`SGf r'Tk ik ,~~~/'ti~54 • • S g rh~(~i~ V ii1 Rt i F l~' ~ t • • A~aoJa"1o G 7 ATTACIIIIIEIYT H ?app A SURVEY OF SELECTED CITIES WITH &tjUARp TO THE LOCATION OF OFF-STREET PARKING MODENTAL TO A MAIN USE IN A SINGL FAMILY OR TWO FAMILY ZONING DISTRICTS, Selected Cities Off-street parking incidental to a non-residential main use: Lewisville Not allowed in residential zoning districts. Arlington Not allowed in residential zoning districts Irving Not allowed in residential zoning districts Dort Worth Board of Adjustment may approve as a special exception. Site Plan showing parking design, landscape and buffer required. Carrollton SUP is required McKinney Not allowed in residential zoning districts Gainesville Not allowed in residential zoning districts Sherman Not allowed In residential zoning districts I J • q )cif 4~ t rI< JY 'i ,ci R J~7 Yi)I'.[t}y 1 r [ r~,r. ~kd'tiRl ii~.1 °tn /~'!11`~f~i l,,~J~f4{PA. • a> • 7 C~ F ATTACHMENT P & 2 Minutes January 11, 1995 Page 4 and forth on this. Ms. Russell: I understand Dr. Huey's comments and actually I had never thought of it that stay. I did go once, and I called Frank and said that I would like to sit in and see the process. Some of these terms, ±tls like a new vocabulary when you begin to sit up here not knowing. The more that I can hear these terms, that I don't know that are new to me, then the more comfortable I am when you talk about stacking and things like that. It was in the effort of wanting to know what these things mean and there are not many arenas where you can go sit with staff and hear them talk. I guess one of the things we might look at is going to more of some of the courses that are held in this area. In the quest for knowledge I get your point and I understand. If we don't need to formalize but if we informally decide that perhaps we are not going to attend or that we would call Frank. I rm not sure what the right answer is. I understand what Ms. S.-lhertz motive is and what mine was in going but I also understand Dr. Huey. Mr. Cochran: May I suggest that we all follow our own conscience and dictates on this. I don't plan on attending any myse~:. I don't see that going to one or two meetings is a problem. I have seen the process from being a petitioner. If someone feels like they really need to do it then fine, Ms. Russell: Is everyone comfortable with that? Let'e just leave it at that, I appreciate your comments, Mr. Cochran: If it does become a problem then let us know. Ms, Schertz: Can we continue to get the DRC agendas? That is helpful. • Mr, Robbins: Yes and that certainly is not a You will onl y problem at all. only get that once every two weeks when we have a packet that goes out. I Ms. Schertz: That is fine. ® I Hold a discussion concerning accessory parking incidental to 0 0 main use and give staff direction. Mr. Persaud: Both of these issues resulted from the Sleep lr.n case, What I tried to do was give you some more backgrourr3. Our current zoning ordinance provides for off street parking 1. • sa • P & Z Minutes January 11, 1995 Page 5 incidental to the main use. In the highlighted box on this chart you would see that use is permitted. The area tY,at it is not permitted in is an outdoor amusement and recreation district. It was a new district that we prepared over two years ago when we had cases pertaining to the fairgrounds. It is intended to accommodate outdoor recreation and amusement type uses. I think that it is an error to not allow off street parking in that district. Because of this chart the staff has always interpreted the Ordinance to mean that off street parking incidental to main use is a permitted use in all of the districts including single family. The current zoning ordinance definition for off street parking incidental to the main use means off street parking spaces provided in accordance with the requirements, specified by ordinance and located on the same lot or tract occupied by the main use. Nothing is said in that definition about zoning district, it could be a different zoning district but on the same lot. So in the Sleep Inn case there was one lot that had commercial zoning and single family zoning, off street parking was permitted. It was one lot, Mr, Robbins: They were actually replatting one lot that was in two districts and adding land to that existing lot that was in two districts. All of the land that they would have added to that lot was in a commercial district. Mr. Persaud: So this situation still remains and we do have a problem where this could happen again. You would have had the main use being non-residential and the single family zoning on that lot would allow off street parking. I think that the Commission had given staff direction to do further research on this issue and to come up with some options and recommendations, • Ms. Schertz: Can you give us some examples of off street parking? Give me an example of what we are talking about. Mr. Cochran: Briscoe Tire is an example on Locust and Elm. 'Whey use an area on Myrtle Street for parking. There was a single family house there that they tore down, but I don't know what it is zoned. • • • Mr. Robbins: That was one of the examples used in 1987 when ' the remote off street parking incidental to the main use 1 amendment began. That is not on the same lot or tract, that is remote. What would happen now with that one, that remote parking lot in the SF district would require an SUP before • • LL -d. P & Z Minutes ~Q w1 January 11, 1995 0 Page 6 that parking lot could be approved, This is kind of an old issue. The parking on the south side of Red Lobster, it used to be a drive through bank facility. That is actually zoned SF-16. Mr. Persaud: There is a potential problem from a land use standpoint to allow parking for a non-residential use adjacent to single family development. The Sleep Inn case got us to zero in on that issue. Ms. Russell: Is this Red Lobster and their parking lot a good analogy to the Sleep Inn parking lot? Because if their parking lot is SF-16 and the Sleep Inn is SF-7 then both are residential. Is that the same thing? Mr, Robbins: It is the same thing. The characteristics of the area are different. Red Lobster . it is on the same lot and was on the same lot. One lot, two different zoning districts. Mr. Cochran: In fact even though there are some similarities in a legal sense, it is a whole different situation because the Sleep Inn issue that house was connected to a real neighborhood where as at the Red Lobster there is a big brick wall there. That doesn't function as a neighborhood whore as over where they want to put the Sleep Inn it does function as part of the neighborhood. i Mr. Persaud: What we did in our research was to check with a number of cities in the metroplex area and try to find out haw they deal. with such a situation. Lewisville would not allow off street parking incidental to a non-residential use In a residential district. As a matter of fact six of the eight cities surveyed would not allow off street parking incidental • to a non-residential use in a residential district. Mr. Norton: Not even with a specific use permit? Mr. Persaud: Carrollton requires a specific use permit. In the other six it is not allowed at all, In Ft. Worth it goes before the Board of Adjustment and they ask for a special • exception, When they present this to the Board of Adjustment • the Board will require a site plan showing the parking lot design and what kind of bufferyards are going to he provided and the landscaping. Ms, Schertz: Did you find any cities that did alloy it? I am 0 •,l:. • W • j0 P & Z Minutes January 11, 1995 °9 ZD Page 7 looking at what staff is presenting me but I am not seeing any cities that allow it and I know there are cities in the State of Texas that must allow it. I would just like to see the comparison. Mr. Persaud: These were the cities that we surveyed and they don't allow it. There may be cities in the State that allow it. We just selected eight cities randomly and polled them to see how they handle this situation. Mr. Robbins: It is not really random anymore, we are doing so many surveys lately that we have a selective set of cities. There were fourteen cities and we didn't get them all, like us, close to us, but we need to see what is happening out in Gainesville and Sherman. What you see is that the further away you get from the metropolitan area the standards tend to be different and they are almost always less restrictive, tend to be less restrictive when you look at them in the aggregate. Mr. Persaud: These are the results of the survey that we did and it is a selective set of cities that we always poll for surveys. Mr. Cochran: How many places did you find that do things the way that we have it? Mr. Persaud: We did not find any. I wouldn't say that there aren't any we just did not find them in those cities that we surveyed. Mr. Robbins: A bunch of the cities had it the way that we used to have it. Mr. Persaud; What I want to do is to go over some of the • options that staff came up with to resolve this situation and then I will point out how it used to be. The first option is that we could amend the definition for off street parking here is what we are proposing. Off street parking incidental to the main use means off street parking spaces provided in accordance with the requirements specified by ordinance and located on the same lot or tract and in the same zoning • district as the main use. The wording that is on the line in • the same zoning district or parking district in an older ordinance used to in our zoning ordinance in 1969 and 1972. In 1977 this phrase was omitted and later it was just dropped off. Now if we put that wording back in then you couldn't have off street parking serving non-residential in a single c~ P & 2 Minutes ~Z 2 D January 11, 1995 Page 8 family district. We would like to put that definition back in there and also we would like to suggest to you that we can include certain districts like the Parking district, Outdoor Amusement and Recreation, office, Neighborhood Service, General Retail, Commercial, Central Business, Light Indust- rial, Heavy Industrial and Planned Development district. The reason for that suggestion is that one would normally expect the parking lot to be in these districts. So to have a parking lot permitted i.n these districts is recommended. This is our recommended definition for off street parking which we feel will resolve the issue that we have now. Mr. Cochran: Would you help me with some understanding of these exceptions here? so if you had a tract of land zoned both General Retail and Light industrial it would be possible then to have your parking in one or the other of those and your main business? Good, residential is the only place that really makes a difference. Mr. Persaud; The other option is to say that parking in the residential districts would require a SUP and they would have to go through the whole process of a zoning case. This is probably a better idea to have a definition which achieves the same purpose rather than having to go through a process waiting ninety days and spending a lot of money up front to achieve the same objectives. Mr. Norton: What about an either/or? Jet's not close the door, there have tc be cases where you neeu an either\or. Do it this way or a special permit. Dr. Huey: Is the listing of zoning districts here include every district that we have except residential? Mr. Persaud: Yes, all of the non-residential districts. Mr. • Norton has a good point. Frank do you have any problem? Mr. Robbins: No, not at all. We know that one city does it and that was kind of the idea that came up when they did the remote off street parking incidental to the main use. What that does is to add another way to do it. If you don't have the SUP and you want off site parking you are going to have to A rezone it, If you went for the parking district you would just get the parking district for your parking lot. Mr. Cochran: As long as it's possible. Chances of something like the Red Lobster happening again are slim. • • P & 2 Minutes January 11, 1995 3 cy 20 Page 9 (Discussion) Mr. Drake: Harry you could very simply do what Mr. Norton is wanting to do just by using that exact same definition and just filling up the chart with S's in the residential categories and filling it with X's in the rest of the categories, couldn't you? Mr. Persaud; Yes and then we will require an sup. This definition will still hold, We want to make it easy for those people who want parking in the same district or have it in one of these distric::s. we want them to be able to do it without having to come to the Commission but if it is a residential district then they have to come through the Commission for an SUP. Is that what I am hearing? once we get direction from the Commission on what you want done then of course we will find a way to do it in the ordinance. Ms. Russell: I think that is what we are wishing to do. Would you just follow through with that? Mr. Persaud: Sure. There is another suggestion that I will just brief you on. When we did the MXD we talked about the bufferyards and there are some standards in the MXD called Residential Adjacency standards which call for lighting and bufferyards. Those standards are very applicable to the MXD, Dr. Huey: Isn't what we are suggesting a sort of u combina- tion of suggestions A and B? I think it is a good idea. Ms. Schertz: Better go for it we all agree. Dr. Huey: There is one more point about this that I want to make sure that we understand. No matter what change we make in the ordinance or that we recommend it cannot impact on the • Sleep Inn because they started before we amended. Mr. Robbins: There is no change in that, It would have an affect if we did it before they platted and/or zoned. If the Commission felt that it was okay to have a parking lot on that land it would require rezoning or a SUP. If we change the rules before we approve a preliminary or final plat then they • have to go by the current rules. I understand your concern, r Mr. Cochran: I found a typographical error page 27 third paragraph it says 3/4 and it should be freeport. • ca • ATTACHMENT 9 Minutes P & Z..~ + February 22, 1995 Page 10 ~J V, Hold a public hearing and consider making a recommendation to the City council with regard to amending the Zoning ordinance j to delete "off-street parking incidental to the main use" as a defined term and to require a specific use permit in some situations, for the same to locate in Single-Family, Two- I Family, Multi-Family Restricted or Agricultural zoning li districts. Mr, Persaud: Madam chairman and members of the Commission, staff visited with you on January 11th with regard to amending the City's Zoning ordinance as it relates to off-street parking. There are three components to the proposed changes for the ordinance. In the first case we are talking about off-street parking located on the same lot or tract and in the same zoning district. There has been some confusion with the wording in the current ordinance. In the first instance the amendment to off.-street parking on the same lot and in the same zoning district will be allowed as long as it is on the same lot and in thu same zoning district and the parking is generated by the main use for that district. The second component of the proposal relates to off-street parking located on the same lot or tract and the following zoning districts: Multi-Family 1 and 2, Parking district, Ou'door Amusement and Recreation, Office, Neighborhood Ser-ice, General Retail, Commercial, Central Business, Light Industrial and Heavy Industrial, You could not have off-street parking generated by a non residential use in a single family district. You are not allowed to do off-street parking in an MF-R, those are the four-plexes and six-plexes, or in an agricultural district, or a 2F, Mr, Cooper: What is the difference between MF-2 and 2F? Mr. Persaud: 27 is duplexes and MF-2 is a higher density of multi-family apartments, What we 1,-*.ve tried to do is to allow • off-street parking in an MF-1 and MY-2 because you would expect to find off-street parking in those districts. You would not expect to have off-street parking associated with 2F, A, MF-R or single family. The other component of this deals with off-street parking incidental to MF-1, MF-2 and any non residential use. If you have any of these zoning districts that are non residential then you could not have parking in a residential district unless you have an SUP. In a memo, the legal department indicated that there may be some problems with having an SUP. Instead of having an SUP they suggested we do a zoning change. We are suggesting therefore that they would be required to do a zoning change instead of an SUP. An example of this is the Sleep Inn case where they • ea • I° ..No Minutes P & Z February 22, 1995 Page 11 vanted to put the parking on SF-7, this change, in the ordinance means that they would have to go through a rezoning to be able to have the parking on that lot, If the C,:,mmission approves of these proposals then we would like to move forward with your recommendations to the Council on March 7, Dr. Huey: What is the OAR district and what is MF-R? Mr. Persaud: OAR stands for outdoor Amusement and Rt:creation district which is a new district developed in 1992 when we were dealing with the Fairgrounds. MF-R is multi-family restricted and is the lowest classification for mull,-.i-family in our zoning ordinance. It allows four and six plexes, densities ranges of about night to twelve units per .acre. It is the lowest density for multi-family. Mr.. Cooper; On those areas where you are saying it would require a rezoning, would you have to rezone it to the same zoning district as the main use or could you rezone it to another non residential use? Mr, Persaud: we hava several options. They could zone it the same district, or they t:ould zone it with conditions. Mr. Drake: our reasoning for a zoning change, rather than going with an SU!) is that anytime you have a lot that has two or more zoning districts on it that is an anomaly. You should have a cohesive zoning within that lot if at all possible. Mr. Cooper. What if it is not one lot? What if it is two separate lots? Mr, Drake: We are only talking about one lot. We are only talking about parking that is incidental to the n,.in use that is on the same lot. That is all that we are addressing with 0 this particular ordinance. i Mr. Cooper: I thought we were talking about adjacent lots also? ~ i Mr. Persaud: No it is only one lot. If it is an adjacent lot l then they can do a zoning change or w!~atever. These proposals I g will not be applicable. If these amendments are adopted by the City Council then all. of the existing off-street parking that iF serving any of these uses on the same lot and exist in single family or MF then they will become non conforming uses. They become legal non conforming uses and they would continue to exist as long as they are there with no changes. If they 0 D • RD 1t Minutes P & Z February 22, 1995 Page 12 want to expand or change those uses more than fifty percent then those uses are gone. There are cer'a,:.,°estrictions in the zoning ordinance which say that non conforming uses may have to go such as if it is damaged by fire by more than fifty percent. Ms. Schertz: So if a building exists like Red Lobster and they have approval to have a parking lot on a single family zone then what- we do tonight won't affect them at all? Mr. Persaud: Yes it does affect it because it makes that parking lot on the single family portion a legal non conforming use. Discussion. Ms. Schertz; Quite frankly I am not quite sure that the Red Lobster would have ever happened. It is something that we need to take into consideration, Mr. Cochran: That is an extreme situation because one it is outside of the fence, that zoning goes beyond the fence out there. That. is the kind of situation that is a little odd. If you look at the situation on Lindsey Street on the other end of the spectrum, that is maybe tine beat case scenario for this. I can't see that rezoning the lot for Red Lobster would have much opposition. l Ms. Schertz: The increase in traffic alone might make some ~ people come forward to oppose it. Another question is are there a lot of "Red Lobsters" in the city? Mr. Persaud: We don't have any records showing the off-street parking which exists on SF districts. • Mr. Robbins: I think that there has to be a very small number because the ordinance used to read that you had to get a rezoning prior to 1977. Ms. Schertz: If we do in fact pass this tonight would this not affect the development of the motel and their property? • m.-. Persaud: It would affect them ae far as they were going :o do parking on the single family portion, They will not be • • able to do that if this is approved. Ms. Schertz: In other word thia would probably kill the deal and I would like to go on record that I would feel comfortable • as • Minutes P & Z 7 February 22, 1995 Page 13 voting for this if we could grandfather this particular issue if it is possible. Mr. Drake: I don't think that you could. And really it would be speculative at this point to say whether or not it would be harmful for this development. Ms. Russell: On the other hand if we did not vote for this tonight and we tabled it to be discussed at a later date do we have any impending problem with that? Mr. Robbins: I think that the point that Mr. Cooper made is that there is going to have to be a rezoning case anyway. Mr.. Persaud: The issue from a land use standpoint, does the Commission feel that off-street parking on a single family district serving a non residential use is a problem? And the staff thinks that it is because it doesn't protect adjacent single family uses. This makes good sense to proceed this way. If on the other hand you would like to continue to put off-street parking on single family zoned land on the same tract then you don't have to do this. During the previous work sessions you indicated that you wanted to go back to the old ordinance where it was not allowed, Mr. Cooper: I'll give you an example of why this would not be good. If you have a club over by North Texas and there is a vacant lot next door and then a house on the lot next to it using that vacant lot for parking would not be good. And they should have to go through the process to try to rezone that vacant lot. I think that this was a very good presentation. Mr. Persaud: You would expect parking in some districts and there are some districts that need to be protected. By doing it this way we are protecting those districts, • Mr. Cochran: we are saying that there will be an extra level of scrutiny in there. Dr. Huey: My recollection on the impact this would have on a pending case io that if we change the law it could not impact the that case as in the Lindsey Street case, e • Mr. Cooper: I don't believe we have a pending case right now, Mr. Robbins: My recollection of those minutes :!.a that if you did make the change then it would affect this case. That is right, there is not a pending case right now. When this • ca • rl,,, Minutes r & Z February 22, 1995 Page 14 / 6/ ordinance is passed fourteen days after that it will be in effect for everybody, Ms. Schertz; When we are affecting that many properties then does the city not have to give notice? Mr. Robbins: No. Ms. Schertz: I am just trying to prevent something from coming back on this Commission. I am not showing favoritism either way. Mr. Cochran: I thought that was the reason that we started this, because of the Lindsey case. That is what brought it to our attention and that is when we found out that the ordinance had been changed without any documentation as to why it was changed. It was policy to require a zoning change prior to 1977. The question is whether or not this is good policy for the community? In my opinion it is, Ms. Schertz: I agree with that but the only way that I could agree with that completely is if notice was given to the owners of the Lindsey property indicating that we were getting ready to make a change in the ordinance and in fact they chose not to respond. Mr. Robbins: They are aware and their representative was made aware of this. They were told verbally in a meeting and on the phone. Mr, Cochran: There will be a notice of this when it goes to City Council as well because we are not the ones that will be making the final decision. We are just making a recommenda- tion to the City Council. • Mr. Drake: we do also have a posted agenda so that anyone interested can look at the agenda to find out what is going on . Mr. Persaud; The staff is also complying with the State law with regards to amending the Zoning Ordinance and those procedures by publishing them in the newspapers and such. Mr. Cochran: And perhaps as a courtesy staff could notify them of the Commission's decision before it goes to Council.. Ms. Schertz: I would be in favor of that. u ca • Minutes P & Z / February 22, 1995 Page 15 Dr. Huey: Madam Chairman I finally found what I was looking for. This is under agenda item 4 on the January 11th minutes, page 73. "No matter what change we make in the ordinance or that we recommend it cannot impact on the Sleep inn because they started before we amended." Then Mr. Robbins response: "there is no change in that it would have an effect if we did it before they platted and/or coned, If the Commission felt that it was okay to have a parking lot on that land it would require rezoning or a specific use permit. If we change the rules before we approve a preliminary or final plat then they have to go by the current rules." So your evaluation Mr. Robbins is that it would impact the Sleep inn if we make these changes. Mr. Robbins: The rules would apply to this property and so you could not have a parking lot on the SF piece no matter where it ends up in this area. Now if they file a preliminary plat and it is approved, and the previous preliminary plat wasn't, then we think that does grandfather them ac-ording to the rules. But that is not the situation, we do not have an approved preliminary plat or final plat. Mr. Drake: I would like to say that generally speaking ordinances are more defensible if they are ordinances of I general application. If they are approved either because they are good ordinances or denied because they are bad ordinances without specific reference to any particular case. Ms. Russell; I have a question, we were talking about off- street parking in single family, why were these other areas all put in this ordinance? Mr. Persaud: The staff took a global look at all of the off- street parking in the city and we came up with three components. We are addressing where off-street parking would be allowed and what districts would require a zoning change. • Ms. Russell: Is there anyone that would like to speak in favor of the petition? Mr. John Weber: My name is John. Weber and I live at 1300 Lindsey Street and I would like to say that as a group we are definitely in favor of this and the requirement for rezoning, Me. Russel.): Is there anyone else that would like to speak in favor? Is there anyone that would like to speak in opposi- tion? We will close the public hearing. Are there any other comments? 1 i. Minutes P & Z eig ~~J Zd February 22, 1995 Page 16 Mr. Persaud: staff thinks this make good land use sense and we are recommending approval of this so that we can go forward to the Council on March 7th, We are recommending what the legal department suggested and that a zoning change been required and not an SUP, Dr. Huey; I move that we recommend to the City Council the adoption of an ordinance amending Sections 35-76, 35-77, and 35-301 to the Code of ordinances of Denton. To change the regulations for the allowance of off-street parking within the zones as recommended by the staff and that we delete the wording "except pursuant to an approved specific use permit" as shown in the draft. Mr. Cochran: I'll second. Ms. Russell: Any discussion? All in favor of the motion please raise you right hand. All opposed same sign, Approved. (5-0) i 1 i • ~..._~.r., a 4s 7i k~ • ca ~ µCITY COUNCI 4 Q r 0 t 41 ar ae F I*p • yro MQGG~~oO • DATE: March 7, 1995 AgArtdalt UTY COUNCIL RF.PQR r0: Mayor and Members of the City Council FROM: Lloyd Y, Harrell, City Manager SUBJECT: Rezoning of .661 acres to a Planned Development district and adopting of a Detailed Plan. RECOMMENDATION: (See attached report.) SUMMARY: (See attached report.) BACKGROUND: (See attached report.) PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Engineering & Transportation Department, property owner. FISCAL IMPACT: None. Respect submitted: Prepared by: Llo d V. Harrell, City Ma er G. Owen Yost, Ur an Planner Approved: • r. . rank H. Robbins A P Executive Director of Planning and Development Axa00784 • 0 • ra f , PLANNING & ZONING COMMISSION RXPORT Tot Mayor and Members of the City Council Case No.t Z-95-004 Meeting Dater March 7, 1995 GMMRAL INFORMATION Appiicantt Jack Bell, Jr. 1002 Dallas Dr. Denton TX 76201 (represented by Burke Engineering) Current Ownert same Requested Actions Rezone the proposed Lot 4R from a Commer- cial zoning district to a planned devel- opment district, and adopt a Detailed Plan, Location and Sizet The .661 acre site is located between Elm and Locust Streets, approximately 140 ft. north of Prairie St. Surrounding Land Use and Zoning: North - Undeveloped land, zoned C; the proposed site of the remodeled Southern Hotel, and associat- ed development South - The Mercado Juarez Building, zoned C; location of a restaurant and offices East - The right-of-way of Locust St., across from j e which is retail development; zoned C West - The right-of-way of Elm St., across from which is retail. development; zoned C Denton Development Plant Urban Center (Major Activity area) e ~ f • ca Case No. Z-95-004 Oa P~ March 7, 1995 Page 2 SPECIAL INFORMATION- Transportationt Existing transportation infrastructure will handle the proposal adequately. A joint parking agreement between the owners at Lots 4R and 5R will be executed. Utilities: Existing utility infrastructure will handle the proposal adequately. Water will be delivered by tapping a 4 in. line across Elm St. The electric switching mechanism shown on the northeast corner of the site will need proper clearance. Drainages Existing drainage i.pfrastructure will handle the proposal adequately, and proposed development will not increase the impervious surface. The entire lot is in the floodway fringe, and finish floor elevations of all new structures will be at least 115 ft, above the 100-year flood elevation. HISTORY, The site has been in a commercial zoning district: since the 1969 zoning map of the City. It is currently the site of a car wash and a retail structure - both in disuse, NOTIFICATION On 2/9/95, the 12 property owners within 200 ft. were notified of the proposal and given the opportunity to comment. At this writing, four favorable replies have been returned, and none in opposition to the proposal. O ANALYSIS The Denton Development Plan places the site within an Urban Center. In an Urban Center, there is no cap on the number of intensity trips available. Analysis is made using the policy guidelines within the DDP, A DDP objective i;+ to promote a mixture of high-density residential use and employment in Urban Centers. The DDP's policy concerning adequate infrastructure is followed by this proposal. I • e► Case No. Z-95-004` March 7, 1995 / y Page 3 RECOMMENDATION The proposal coniorms to the policies of the Denton Develop- ment Plan. Therefore, the Commission recommends approval of Z-95-004. ALTERNATIVES _ 1. Approve application. 2. Approve application with conditions. 3. Deny application. 4, Postpone consideration. ATTACHMENTS 1. Location Map. 2. P&Z minutes. 3. Detailed Plan. 4. Detailed Plan notes (2 pages). 5. Draft ordinance. i i AXX0078H • m.._.~....,,.-.,-~..~..-.p-,..,...... ~ r. wawwa.iWbGW+Y•' ,may N,..._ ! i ~p I ,1f , ! ATTACHMENT 1 J ..:1 s~9y NORTH "y lj , W. OA 0 0~ GnR W. HICKORY 4®®0 ®0 I K' ❑ M M=172 ~ ] o , a fa MM DOWN N T C.U r ~ ~ ~CJC7 A OQU L.J SITE n L MIL ] 1U lY h ® 4oe Al£ORE VISTA r A Location Nap • GJ A ' jJ .LU C~ ATTACHMENT 2 Minutes P & 7 February 22, 1995 ~cy ! Page 2 II. Original Town of Denton, a. mixed-us- development proposed to be located between Locust and Elm Streets, north of Prairie street: a. Hold a public hearing and consider the final replat of 1.761 acres known as Lots 5, 6, and parts of Lots 3 and 4 into Lots 4R and SR, Block 27 of the Original Town of Denton. Ms. Russell read the procedures for the public hearing. Mr. Yost: Madam Chain and Commissioners let me show you the area that I am talking about. The area is between Elm and, Locust and north of Prairie Street. The southern part is the site of the Mercado Juarez Restaurant. The northern part has structures on the property but they are vacant and this is the part that is being rezoned. The two vacant structures will be removed. The Mercado Juarez restaurant and the attached offices along with the associated parking are located on the proposed Lot 5R. If this is all approved there will be three curb cuts, one on each street, Locust, Elm and Prairie. Thore are no public improvements associated with this replat. Much of Lot 4R and 5R are located in the hundred year floodway so the buildings constructed will have a foot and a half finished floor elevarion. Victoria Village which is across the street was also built by Mr. Bell. The property is currently zoned commercial and does meet the existing standards. At this time there is a plan being reviewed for Planned Development zoning as well as a detail plan. It does meet the standards for the PD zoning that is proposed. The offices will be on the first floor with apartments on the second floor. The staff does recommend approval of the detail plan. Mr. Robbins: Phe first item that you will be voting on will be the plat: and then you will vote on the detail plan. • Mr. Yost: We received four notices back on this and they were all in favor. Ms. Rus:+ell: This first public hearing will be for the final. replat. Is there anyone that would like to speak in favor of the petition? • • Mr. Brian Burke: My name is Brian Burke and I live at 1318 j Auburn Drive. I would like to mention a few things that were considerations from the platting process that we needed to address specifically on this one. Building lines were not created when it was originally platted and we have shown • a • Q • I (1> l Minutes P & Z February 22, 1995 'I iE I I',7~1~ Page 3 building lines on the final replat. We have consolidated, in the site planning, driveways, there will be three, there are six right now. We are consolidating driveways and parking and establishing fire lanes. Drainage has been looked into and the property is in the floodway fringe and that means that (:evelopment must honor minimum finished floor elevations and i those are established on the detail plan. We have also granted some utility easements and we think everything is in ' order. Ms. Russell: Is there anyone that would like to speak in favor of the petition? Is there anyone that would like to speak in opposition? We will now close the public hearing. Mr. Cochran: I make a motion that we approve the final replat of 1.716 acres known as Lots 5, 6 and parts of Lots 3 and 4 into Lots 4R and 5R, Block 27 of the Original Town of Denton. Ms. Schertz; I'll second, Ms. Russell: Any discussion? All in favor raise your right hand. All opposed same sign. Approved. (5-0) b. Hold a public he-iring and consider a zoning change to a Planned Development district, from C, Commercial, and adoption of a detailed plan for .661 acres proposed for office and apartment use. Mr. Yost: As I mentioned w are addressing with the planned development zoning the top part of Lot 4R which is .661 acres. The structures as I mentioned are offices on the bottom floor and apartments on the second Eloor. Most uses in this area are commercial or retail in nature. There will he no additional public utility required with this zoning or associated replat. The site is presently commercial and it • does meet those standards. Of the notices sent out there were four in favor of this proposal. The Denton Development Plan addresses this and it is in what is called an urban center. As it says in your backup there is no cap on the intensity trips available in an urban center. We did look at other policies though within t:he Development Plan and these are explained in the last paragraph on page 54. There is an objective to promote the mixture of uses, one being high • • density residential, and the other being employment within urban centers. The second policy is to show a preference for full use within the urban center using the existing infrast- ructure. It is the staff's oppinion that these do conform and we recommend approval of Z-95-004. • ra r Minutes P & 7, February 22, 1995 Page 4 Ms. Russell: Is there anyone that would like to speak in favor? To there anyone that would like to speax in opposi- tion? Are there any other comments? Mr. Cooper: It is mentioned in the backup that there are existing sidewalks along this property. Are these old sidewalks? What condition are they in? Mr. Yost: They are in satisfactory condition. Dr. Huey: on the map there are some spaces that have a letter c in them, what does that mean? Mr. Yost: That stands for compact spaces. They are allowed to have ten percent of their required parking in compact spaces which are slightly smaller than the normal spaces. Dr. Fiuey: Is the area we are looking at for rezoning in the area with the heavy black line? Mr. Yost: It is within Lot 4R which is the northern half of the sight. Dr. Huey: So some of those parking spacc,s will be in the commercial zone and some will be in the planned development? Mr. Yost: That is true. Before the applicant can receive a building permit to build the structures he must execute a shared parking agreement between Lot 4R and 5R. Ms. Russell: We will close the public hearing. Mr. Cochran: I move that we approve the zoning change for the planned development from commercial and adoption of the detail plan for .661 acres proposed for office and apartment use, Lot . 4R, Original 'Down of Denton, Z-95-004. Mr. Cooper: I'll second. Ms. Russell: Any discussion? All in favor of the motion please signify by raising your right hand. All opposed same sign. Approved. (5-0) ® ~0 • w ATTACHMENT 3 zone 0 I I I V 1 ~l - ^ L4 lI Stroud N I ~ E I ~ - - - I a I U zone c 4~ I' N Lot I-R ~eJ L Ovnar: Donlon Houllnq Authority5 i W ale; vecenl ar sand to N 419015'17' w 13027' in N e9'67,17' W 149g~,' , 10' ri^ ld' _ le' 0 / o/r v_ ate I , • ; I • T„ ' 1 1 • WI zer~e c + OT 4-R 3NIe•34.0e•111 11111• act a~ to I V N I I N flf 7 J( V V IL O I y I r n r ~l 2~ I L r.,. r e,e •[5~! a • y '7 O}pGR Q one McMlel ene1. {.0Y ter Jv 'a y 0' A•0•w eo' A-o• f I I r 1'{erc .A+araz /r~ _ I I I ~ ~ Exlelln pNlow In 16 1 1 zeae c +,1 I I ~zaAa c ZOM' c ~ I I~~ ~ck 32 ~ { • LEGEND . Eltrolion Conlaur ♦ Foe llydronl DETAILED PLAN --fW Floodroy Llm;l Ir. Poror Pole -'I'"'-- Wolfs Main for • rranelol mer 1 PLANNED DEVELOPMENT • wale, solv'Co + Sheet Llghl ZONING REOVEST • • ' an - - - ollobead Elecllie 0 Erhlinq Building on LOT 4-R J ----.r..--.--- sonilory sera ® 41 Flea 0111ee (821 Block 27 of the File Lone rllh Mln. PF Eler. Orloh:01 Toyn of Denton °"w'•"I Pl1!nq 0.661 Acres in the r Iw.V I co w:e Palling Lel Serepn,'. ■ • • 2M Floor AFOrtlnlnt W. LoOnq Survey, A-759 Ie„wi..611 overhang (pt) City d Counly of Denton, Texas -EtLl4.._ 100-Year Flood Ele ro lien INe I"h of) r • d 11 r+ f i~ be 1 'rwi yW If }`1.if i? M r).. , Ll • w ATTACHMENT 4 NOTES FOR PLANNED DEVELOPMENT ZONING REQUEST ON LOT 4-R /Q C~ DII.'I'AILED PLAN NOTESu 1. Lot 4-R is owned and will be developed by lack Bell, Jr, of Drawn, Tern. Two existing vscaat buildings Will be demolished aed removed. Planned Development zoning is requested ov. the lot. Three structures will be built; each wkh office apace on the ground floor and Warmness on so second }lour. Mr. Bell bas a h4tory of succeufiil redeve{opwatt noel remodel log In this w*Morfiood. 2. Lot 4•R Is 0.661 acres of area. The building will be set back approximately 23T [rots S. Sm and S. Locust street rights-of-way. This setback Is am &an the other buildings on Block 27 (the Mercado Juarez restaurant, the Dealer County 5 story building at S. Locust and Sycamore, W a masonry building on S. Elm.) 3. Developramx Standards: Maximum Building HeI& 2 storks Maximum Building Area (Taal of 3) 6,000 sq. d. *ouod floor office) 1.M sq. R. (second floor spartcsents) 13,200 sq. It. Maximum Floor to Area Ratio 6,0028,7% - 21% 4. Parking will be shared between Lots 4•R and 5-R. A wrkta joint we agreement will be provided by Mr, Bell, the owner of both lots (sad the buildings thereon). Parking Space Requirements: Restaurant 290 seta 0 1/3 sow a 97 Spaces Ex. Off W4; 3,575 sq. fl. 0 1500 a 12 Ex. Retell; 525 sq. fl. 0 1/200 a 3 New Office; 6,000 sq, R. 0 U300 20 New Apts; 9 0 t Bedroom x 1.5/Uak = JA Taal Required 146 Spaces Parking Spaces Provided: Standard SW W 130 Spaces • Com Y cu 14 Tool Provided , 151 ' t Spaces 5. No drainage strlnctures are proposed with this redevelopment. Lot 4-R inns 95%+ impervious cover at present. The entire la is located in the floodway fringe; R is irwndated by the 100-year flood but It is beyond the floodway limit. Consequently, construction is permitted If (and only ® it) It complies with City and federal flood plain roaaagemo regulations. It 6 required to • • provide finished floor elevations at least 1.5' above the 100•yar flood devadun. The new buildings will be constructed to the elevations indicated above. ~Mafnvi • • r 6. All neonmsry water sod switary sewer meld Improve nam tee' In a-_ ✓ ~~p~ / propmed, rdevdopntea No new conwyaloo 4 l~ to save fhb 0 (WUWN y new Umformer will be InaWled mt the northeast corner *the lot, era svsUsb[e to the lot. A ! 'A 4-R Is mtlydy within the City 118110e. Curremt maiDg b CowmercW. w Lot i-R Is o+vned by Dm1on HMIAS Autborky, h hscludem dw old Ave story bold at the comer Of sycamore <!nd S. locust SUM which will be rrrodded for bousing use. The portion of Cat I-R mdjmoeot to Lot 4-R is currently vacant pound, 9. TraR'lC Omerstlom (based m Moderate Activity Costar rate); 0.661 ac, 1350 trlWday/acre = 231 trips/day 10. No prbllC open WM is Wposed for Lot 4-R. If. No fencing, baron or scrowing are proposed, 12. C.oocrek ddawaiks "ist 4009 the mdse froatagea of S. Elm and S. Locust Streets. Kolb sidewalks are located In the street right-of-way. 7bsy an not shown on the drawigl In order to avoid duttar. 13. Pro)ect Slgos: Two free standing directory si=ns will be coaslrucbd, one at etch and of dw lot near the buildieg. Emb sign will bave 25 w#wre feet in mrtmce area. 14. Apastasaoat or ue second Awn will be larger duo the first floor ofricas, ibe si amain will ! afaog du officers at the frost and rear wills. DWWiag mMbnek dWaoon hoax the lot flog will be 10' for first floor off Was and 7'6' for the second door mpmrtmats. Mbtionms flabad floor de *Wm we abown for lath office. (Add 630' to etch Dumber,) Rehr b Nob S for ddltionsl 15. Twmtydive 5 gallon dwarf Burford Holly and two 2" Tuns Rd Oak Iron will bs piasked of e ach and of the new parking lot is the 'uxemiog area,' 7bs planting bed width vwW hoe 3' to 6' will WsiongbodscS~ and avenges t' along S. 1.4catt, Uay-Ave peroanl of ft IoW strut yard • • ' AAAWM «war-..~....n.~..-~~.a..........~ ~ .r w.~..~LO.:NRWI✓~'ri 0.: ytY... ` a r 1 ' 1 • I ~t TI 4 t 0 ~a p.i.. fA h.. /.,.-`~R~... j .i., Ir...+"JUJ ll.L~~.yL..6~_... f.. ,7 tq ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL ZONING DISTRICT (C) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICA'PION AND USE DESIGNATION FOR A 0.661 ACRE TRACT LOCATED APPROXIMATELY ONE HUNDRED FORTY FEET (140') NORTH OF PRAIRIE STREET, BETWEEN ELM AND LOCUST STREETS; APPROVING A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jack Bell has applied for a change in zoning for a 0.661 acre tract of land located approximately one hundred forty feet (140') north of Prairie Street, between Elm and Locust Streets Cram Commercial (C) to Planned Development District (PD); and WHEREAS, on February 22, 1995, the Planning and Zoning Commis- sion 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, 'T'HEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the zoning district classification and use designation of the 0.661 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Commercial (C) to Planned Development District (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the Detailed Plan for the district, in accordance with Division 2 of Article IV of Chap- ter 35 of the Code of Ordinances. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding ® $2,000.00. Each day that a provision of this ordinance is violated , . shall constitute a separate and distinct offense, SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be • w /1 . published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTSRS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY:- 1 { 1 PAGE 2 • w r ucn E "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the William Loving survey, Abstract Number 759 in the City and County of Denton, Texas and being part of Lots 3, 4, 5, and 6, Block 27, original Town of Denton, as described in the deed from Dollie I. Cruse to S.B. Frost recorded in Volume 561, Page 191 of the Deed Records of Denton County, Texas and in the deed from B.B. Frost Oil Company to Stanley F. Frost and wife recorded in Volume 656, Page 471 of the Deed Records of Denton County, Texas the subject tract being more particularly described as followss BEGINNING at the northeast corner of said Frost tract recorded in Volume 561, Page 191 of the D.R.D.C.T., same being a point on the west line of South Locust street; THENCE South 026 070 080 East along the east line of said Frost tract (V. 561/P. 191) and the west line of South Locust Street a distance of 76.08 feet to a point for corners THENCE South 890 30, 25+1 West along the mouth line of said Frost tract (V. 561/P. 191) a distance of 151.11 feet to a point for corner, said point lying in the east line of said Frost tract (V. 656/P. 471, Tract I)1 THENCE South 00. 250 55+0 East with the east lino of said Frost tract (V. 656/P. 471, Wraot I) a distance of 36.15 feet to a point for corner; THENCE South 89' 370 090, West with the mouth line of said Frost tract (V. 656/P. 471, Tract I) a distance of 151.19 feet to a point for corner, said point lying on the east line of South Elm Street; THENCE North 000 261 4910 West along the east line of south Elm street a distance of 115.25 feet to a point for corner, said point being the northwest corner of said Frost tract (V. SSG/P.471 Tract II); THENCE South 890 45, 1311 East along the north line of said Frost tract (V. 656/P.471 Tract II) a distance of 150.27 feet to a point for corner, said point being the northeast corner of said Frost tract (V. 656/P.471 Tract II) and the northwest corner of said Frost tract (V. 561/P. 191)1 THENCE South 89' 570 1711 East along the north line of said Frost tract (V. 561/P. 191) a distance Of 149.83 feet to the POINT OF BEGINNING and containing .661 acre of land. o r. • i • w c x:=CITY - ~*COUNCI t x'r r. o • ~eadaNo CITY COUNCIL REPORT FORMAT Ayendalle TO: Mayor and Members of the City Council d,~3 FROM: Lloyd V. Harrell, City Manager UU SUBJECT: Approval of a tax refuna to IBM Credit Corp, RECOMMENDATION: The Tax Department has received a supplement from the Appraisal District for 1993 making v+ correction to the appraised value based on it protest by IBM Credit Corp, reducing the tax they owed in 1993, IBM Credit Corp, is due a refund which the Tax Technician recommends, SUMMARY: Chapter 31,11 of the Texas property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. 11311 Credit Corp, is due a refund of $ 992,12 on City Account #126407 due to a reduced appraised value in 1993, BACKGROUND: 113M rc ft Corp, paid their 1993 tax in full on January 31, 1994. A supplement causing a reduction in appraised value reduced the taxes due for 1993, This reduction in taxes warrants a refund of $ 992,12 due to IBM Credit Corp., PROGRAMSL DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of IBM Credit Corp. FISCAL IMPACT: $ 992.12 YESPE FULLY SU TTED: { arre City Manager Prepared by/: / • z1~~',GL r F f.r.l c~ aN me Vic Schneider Title Tax Technician Approved: Nam Jolt For une Tit~~¢¢ Chic Finance Officer 2633C/3 v • • • PROPERTY C;1Y OF DENTON (C09) 1993 PRINTED I0/;26/9A 03. ASprn I TAX ROLL for YEAH PAGE I } OV WNi"LFI NAME AND pPni bl AIRCRAFT Y11Oren7rTn LOCATION: DENTON' 7,IrL~nl1aelouH7. rn't PERSONALf1 lfr i f niiii0 a ni n, "C76 D6 /DENTX ORATOR I£S MUNICIPAL i64b4r 500 j 7 BTTUB: D MUNICIPAL. AIRPORT C05 ASSESSED • i 0 76.0: PIT TAXABLE F 64r , 0 6 4,500 ENTITI 01, 505, COD 519TAX AMT IF 4 0.00 482. 40 ENE SU E: A _ ROLL ADD F , F909493 (275044) _ ASTRO TRAILER RSONAI. PROPERTY - RENTAL TRA PERSON I1, 7b0 1 107 FLYA'T7 RD LOCATION: 3200 AIRPORT RD, 11,760 VINCENTOWN. NJ 000E8-950 • PETERBILT MOTORS COS A6SE i j SITU6: 3200 AIRPORT RD RECEIPT TA • 0 j 11,760 7/,p OENTON 0 PETERBILT 0 11,760 +760 4 J75 T S 0,00 ' 87. 95 87. 95 1 ENTITIES'. 1 EXEMPTIONS: //.M'6;6+~I,,~~ 1 BUPA CODE: DEL - y P911171 PIP INC - PROPERTY A95ESSE 913024 BAYPO)tj P ~ . 1 1295 PERSONAL - PIPELINE JIM )SUVANF CONSTRUCTI LOCATION: 908D PERSONAL • 35,806 535,806 9000 FM FM2101, DEIJ7UN, 76}.'09-40I0 i 51TUS: C05 ASSESSED } [12101 '.~35'B 0 535r Q06. P7 TAXABLE IF X35, 0 935,806 I DPO TAX AMT • 0. 00 1007. 29 ENT 001, 805, C05~ I IONS: y CODE C- CHANGE 1P'InJ~/ COO Pkf!16407 {274605) • IDN, CREDIT CORP PO PERSONAL PROPERTY - DATA PROCES£INq PERSONAL • 633,245 765, 900 III ATTN: PERS PROP TAX EQUIP LOCATION: VA'iIOUS, DENTON j M 120046 S7AMFO HO. CT 06413-ItlPI ISO, CITY SITUS. DENTON IDD, CITY COS ASSESSED } 633,245 765.900 -!132,605 1 R FCUIPT 7AXADLE • 6;13, 249 765, VOD 7132, 605 1 ENTITIES: SOS, C05 N 110 TAX AMT } 4`736.04 9720, 17 992, 13' EXEMPTIONS: ® 9UI'P CODE C CIIAN'trE NE-sr, PROPERTY SOLD PRIOR TO 1/1l93 4 GEORGE P 90B I07 127 SN4FAR 3NC /NT~ ALUMINUMAR PERSONAL 90,071 URINO LOCATION: 071 FO TON 9 ENTON i)ENTON 1009 ASBE88ED 90,071 p , 76206-0047 R T TAXABLE • X170,071 ON, 10 TAX AMT } '673, b4 0. 00 i1 S COD jg, f C~L ANOF O 4 , m • REPORT FIOR06OW 02/16/95 AT 1996 O V F. I P A Y M E N T S ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS ( t~ U0966800000 94/06/02-0111 MOSLEY. R J 5 LOCUST ST 0.10 OVERPAY 02118700000 94/05/02-0131 PASKO, CRAIG A MARGARET LADY WESTCHESTER OR 351,08 OVERPAY i 02487900000 94/05102.0132 LACY, JAMES A CORDELL ST 351,20 OVERF4V 02834800000 94105/02-0133 LACY, MARGARET M VANDERBILT OT 361.20 OVERPAY '2638600000 94/05/02-0134 LACY, MARGARET M VANDERBILT OT 351.20 OVERPAY I A ll .QAO-8AL"/02-01'18 _I ROY-, neseurnnn CA 3151 .20_QVERPAY 12640700000 94/06/02-013 I9M__CRE01T CORP 992.12 rVERPAY __b36d3T836Ffr9~1bS7OII=6T88i3TCROC~ VA4Itf - - 77M 02682800000 9.1/06/02-0196 NICHOLS, DAVID M FORT WORTH OR 0.01 OVERPAY 11793100000 84/08/02-0197 CMH PK IND E MOKINNEY ST 1.31 OVERPAY 61199400000 94/08/02-0216 CLAYTON ESTATES E MONINNEY W48 80,58 OVERPAY 81248400000 84/06/03-0009 JONATHAN LORAN 1.15 4204-. 60.34. OVERPAY 14781600000 94/06/06.0036 JENKINS, GARY M SROONLAKE W 660,83 OVERPAY 02972800000 94/06/07-0020 SPRA6ARY, EDGAR MULKEY LN 0.28 OVERPAY 90139000000 94/05/08-0006 REVCO OISCT DRUG CTRS OF TX #3744 W UNIVERSITY 0 3.06 OVERPAY 02888300000 94/08/15-0009 STEVENS, CHRISTOPHER PNESTON PL 67.66 OVERPAY TOTAL OF OVERPAYMENTS 54,802.87 0.00 1 a i r 1. C'. C p i ..r~......s..."'°.~~~r..,-n^..... 1 • r ,r r, r~rl~'IMRyY: • M ' ~CITY~~~~~= =ECOUNCI - _ c • c s o= x' ~C - a 4rO M t' ooOJ o ° occ o~ ~ • • • w • A0endaNo Agendalte Halo, -7_ ~ C6 ORDINANCE No. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the Clty 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 ORDAINSr SECTION I. ThaL the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid roposals attached hereto, are hereby accepted and approved as being the lowest responsible bids for such itemsr i BID ITEM NUMBER NO VENDOR AMOUNT 1697 1-5&8 PRIESTER SUPPLY $ 57,355.00 1697 9&10 WF.SCO $ 19,372.00 1731 ALL DEALERS ELECTRIC $146,332.26 • SECTION 11. That by the ac eptance and approval of the above numbered items of the submitted rids, the City accepts the of`er of the pernons 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 Tnvitatlons, Bid l! Proposals, and related documents. • • • 0 • L-A ~2 C62~- SECTI_ OT N 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, specifications, standards, quantities and specified sums 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 authori~,es the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant t',,;ceto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this lay of 1995. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYs - I 1 APPROVED AS TO LEGAL FORM; j • MICHAEL A. BUCEK, ACTING CITY ATTORNEY 1 BYi • • DATE: KARCI~~9';~ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1897 - DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidders or each item as follows: Items 1-5 & 8 to Priester Supply in the total amount of $57,355.00. Items 9 & 10 to Wesco In the total amount of $19,372.00. This will be a total award of $76,727,00. Items 8 and 7 will not be awarded at this time. SUMMARY: This bid is for the purchase of conventional overhead and padmounted trans ormers. These transformers will be used throughout the electric distribution system for new installations, replacements and backups. Cancellation of two residential development has left inventory on hand of Items 8 and 7; therefore, those will not be purchased, Eighteen (18) bid packages were sent to vendors, and eight (8) proposals were received for this bid. BACKGROUND: Tabulation Sheet, memorandum from Don McLaughlin dated February 10, 1905, FISCAL IMPACT: Budgeted funds for Electric Distribution 1995 Account Number 610-103-1031-3880-9222 with a balance of $279,519,28. yea idly au fled: V .Harrell City Manager Prepared By: • Name: Denise Ilarpool Title: Senior Buyer i A Ap roved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 578. A08MDA r • a Y • 0 TRANSFORMERS DISTRIBITITON PRIFSTER VAN IRAN WESCO TECHIM CUMMINS IPOLELNE SE800 TEMPLE Br0 ELECTRIC 1 TE DECEMBER 16, 1004 L 17 A TRANSPO RI R R, CONVRN7I DNA L W OVERHEAD SIN OI.E PHASE 1101240 _ _ __17cvA y187.00 NO BD __602.00 3~G7.00 _,!687.00 00 _828.00 1662.00 = ;221 TRANSPORMBR, CONVENTIONAL { OVRRICEAO SINGLE PHASE 1201440 LCMVA 41_00 NO BID 3.00 _ "7_00 1,00 .00 iW7.00 _00 SEA TRAHSPORME1l, CONVHNTIONAI UVERHHAD SINGLE PHASE 30,1,. _...____-_f_.x618:00-_NO_BID ;510_00 $4".00 _ #w.00 rSgP^00 _.00 _ .00 t. 7 RA TRANSPORM11R, CONVENTIONAL OVERHEAD STNGLE PHASE 2401410 ---~-------_5ORVA }EI11100.. NOBID_ __¢788.00 .00 .00 00 10W i 3. 0EA 7RANSPOR MRR, (CON VHNTIONAL i-' 1 OVERHEAD SINOLR PHASE 14011490 _ j 17RyA 11187.00, _ P4 .00 v00 1 088,00 41'.00,00 1 62?QO 1 .00 6 148A RANSFORUMPADMOUNTED LOOP _ RED SINGLEPHASH,1f0/f10V2SRVA _$W3.OD~=1~. ,00 1,00 .00 1,00 1 00 1,682.00 1 17 EA R A NSPORMHR, PADMOUNTHO IAOP -L SPOR PHA DNIOIINOV IUORVA jl $1 0() rji1212.00 .00 1,071,00 _ 1 482.OA $1671001 9 11 HA yRANePORMHR,PAMO11N7Hb IUOP _ e ,te~.ao 1,hlo.oo s1~413.0o t,+es oo _ A,103AO, > X7.00 P. En YRAN SpORWIR.R.PADMb UNTHD LOOP- _jt I1'H.U 9INOII? PHASE, 320/140Y I9ICVA xless_ooQ V ~244)~_QQ- ~ _le n ~a-_~ '~^y~ V Ile ~ ~ 10 2 HA TRANSPORM14R, PADMOUNTED LOOP .00 6-00 YP.HU 71iR HY. PHASE, T7]/290 V, 300 RV 1056:00 x18L6f8,00 200,00 y717v00$6 (IQ~,QQ 487.00 0681.00 1 ' 1 DELIVERY FOB f0B FOB FOB FOB FOB FOB FOB DEMON DEMCN DEMON DEMON 14 WKS DENTON DENTON DENTON 86 DAYS 86 DAYS 110 DAYS ! S- 123 2-18 YN~ 1J10 DAYS -92 WKS • e o 1 • • TO : Denise Harpool, Senior Buyer 22 From: Don McLaughlin, Senior Engineer S 1 Z Electric Engineering Date: February 1o, 1995 Subject: Evaluation of Quotes on bid # 1697 The Utility staff recommends awarding the bid to low bidders Priester and Wesco. Sincere,y, Donald, L, McLaughlin Attachments: 1. !JB Agenda Item j • • ~ ~ r;S Y ~ ~r A'- • • a+ • t EXHIBIT I FOR BID 1697 !2 f AGE t TEMl : LOSS/COST EVALUA11ON OF TWENTY FIVE 25 KVA 1201240 CONVENTIONAL OVERHEAD SINGLE PHASE TRANSFORMER f MADE I Nl LL TL BID CAL DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST- COST D_AY8 I CUM MI NS CENTRAL - 67 _ 259 326 $597 _$3 , 655 gg POLELINE KLHLMAN w X h 66 255 321. ~W $520 $3 370 96 f+ n: r.. SESC0 SESCO ~ 85 350 435 ° ' - _ 5629 4421? 120 TLCHLINE HOWARD - 56 359 415 $457 _ $3507 TEMPLE GE - - - 61~ 261 322 $582 $3 583 WFSC AB O B - 64 294 III - - - - - - - _ 356 LOW BID 16-- $3,455 70 - 531108 iTFM 2; LOSJiXOST EVALUATION OF TWENTY-TWO 50 KVA 120/240 CONVENTIONAL OVERHEAD SINGLE PHASE TRANSFORMER MADE NL LL TL - BID CAL. DELIVERY BIDDER _ BY LOSSES LOSSES LOSSES COST COOT DAYS _ CUMMINS CENTRAL - --v- 127 ` 406 533 - - 5941 $5,692 99 POLELINE KUHLMAN 108 458 566 737 $5,299 98 SESCO SESCO 150 $50 710 _ $9.17 _ _$8724 120 IECHLINE - - HOWARD 103 544 847 - - T_MALE GE - 1LOW $874 123 396 f WESCOABB 83713 70 BID __=5 113 ITEM 3: LOSS/COST EVALUATION OF THREE 25 KVA 2401480 CONVENTIONAL OVERHEAD SINGLE PHASE TRANSFORMER MADE NL LL - - BFD CAL. D LIVERY --BIDDER BY LOSSES LOSSES _ LOSSES _ COST__ -COST DAYS CUMMINS- CENTRAL - 72 253 325 - _ 98 POLELINE K6HLMAN - ---$597 _53,672 309 375 $559 $3 727 98 1 14. z e _ B5 _ 350 435 SESCO _SH5C0 $929 $4,292 $Y 120 EMPLE E COWARD- 59 350 - 409 $489 33,803 _ 123 - - 61 WE SCO _ ABB 51~ _ 3i9 $590 53,748 70 LOW BID- E3,539 09-Feb-95 6 12:51 PM M • . _ Q'lTR.A~X181s97~B16~7_wK~ • W ?o~J2 EXHIBIT I FOR BID 1897 ITEM 4: LOSSICOST EVALUATION OF THREE 50 KVA 240/480 CONVENTIONAL OVERHEAD SING! E PHASE TRANSFORMER MADE NL LL TI BID CAL DEL - IVERY BIDDER _BY LOSSES_ _LOSSES._ _LOSSES _ COST COST DAYS CUMMINS CENTRAL 115 436 551 $628 - $5573 08 P&E~ELINE KUHLMAN 92 522 814 $795 E5626 06 SESCO SESCO 160 b501 710 _$917 $6724 120 C LINE hIOWARD 104 _ 5431 847 2 __$703 _ $5505 13 TFMPLE__ GE 314_ 436 $1,094 - 58039.ii____. 88 WESCO_ ABB 91 $789 $6 124 f LOW BID _$5 -24 -"_70 ITEM 5: LOSSICOST EVALUATION OF SIX 75 KVA 2401460 CONVENTIONAL OVERHEAD SINGLE PHASE TRANSFORMER MADE NL LL TL BID CAL. DELIVERY BIDDER A_ _BY _LOSSES LOSSES _LOSSES_ COST COST DAYS CU -MINS_ CENTRAL - 165 569 ----734 $1 098 - 98 PyOyL~EUNE KUHLMAN 137 705 542 $1,099 $7793 98 SESCO SESCO__ 220 800 1020 $1,522 $10,310 120 TECHLINE_ HOWARD 153 _ 738 -889 $920 $7_451 _ 123 ' TEMPLE GE 126 587 715 $1,2_08 $7595 56 - - -1. WESCO ABB 264 652 916 $665 $7 840 _ 70 I Low aIO__ . _ s~ 2s7 I ~ f ITEM 6: LOSS/COST EVALUATION OF ELEVEN 100 KVA 120/2400 PADMOUNTED LOOP FEED SINGLE PHASE TRANSFORMER MADE NL Lt ,-TL _ ---ELIV--- BID CAL, DERY BIDDER BY LOSSES LOSSES LOSSES COST _ COST DAYS CUMMINS CENTRAL. 188 721 90/ - - - E1464 E9,50~ 58 POLELINE • .C.i1'S§S~LLL`.L.iY' ~s';. a : ,a • y'>,; 1~ . ,eVt ~ A , , xt:.. ; ~ SESCO _ SESCO _ 220 940 1180 $2,103 $12,.857 120 TECHLINE HOWARD 222 709 931 _ $1413 59,579 123 TEMPLE GE 187 889 1078 _ ?,267 $12.02 154 VANTRAN - N j 64C 890 -55 - $2.187 E11.556 85 WESCO ABB - 503 728 E1,810 E9,412 83 i LOW BID $9,172 , e j 09-Feb-95 • 12:51 PM i, c:~rR,aNx~als~~tela97,,~v>t3 • a • 4J1 r EXHIBIT I FOR BID 1697 °g 12 ITEM 9: LOSS/COST EVALUATION OF FOUR 167 KVA 1201240 PADMOUNTED LOOP FEED I SiNOLE PHASE TRANSFORMER MADE NL LL - TL BID CAL. DELIVERY BIDDER BY _LOSSE5 _ _ LOSSE3_ - LOSSES COST_ COST _ DAYS CUMMINS CENTRAL , 282 _ 1166 1A48 ~96 POI CLIN 52,0 18 k - - --$18 949 PR ESTER COOPER 1266, A 1532 $1,965 1I 63 SESCO SE_SCO .360___ __1400 1780 - TECHLINE HOWARD 52,845 ;17839 - }20 304 1123 1427 52 097 $14 299 T54 EMPLE - - - - QE _ 295 1319 _ 1814 -679 _$23 768 154 VANTRAN VANTRAN 235 _ 1160 - 1416 $2854 $166 20 R 65 LOW BID _S138B5 ITEM 10: LOSS/COST EVALUATION OF TWO 300 KVA 277/480 THREE PHASE LOOP FEED PADMOUNTED TRANSFORMERS MADE NL LL TL BID CAL. DELIVERY BIDDER BY LOSSES LOSSES LOSSE8 C08T COST DAYS CUMMINS PAUWELS_ _ W3 _ 2310 2640 55$94 -_~3p83g 112 POLE!_INE PAUWFLB 530. 2310 2840 5632 S30760 112 PRlE9TER_ COOPER _-8.77 _ 2327 3904 055 - _ ,-09+1 01 SESCO 1050 3420 SESCO 4470 8,467 141503 120 TECHLINE _ HOWARD 3730 476 3 - _-L 255- 7 TEMPLE OE $471 30 207 123 184 1709 1693 =7,085 $30 891 pd VANTRAN VANTRAN 580 2240 2820 $6 646 801 65 LOW BID _ S29,175 • 09-Feb-os 12:61 PM • 0 Oil!?"i'!9, ~ ,IbII EXHIBIT II FOR BID 1697 ITEM _DESCRIPTION QUANTITY DISTRIBUTOR MANUFACTURER PRICE TOTAL ITEM 1 _25 KVA 520 0 PH__ _ 25 PRIESTER___ COOPER _ 5497 -}t2~g5 ITEM 2 50 KVA 120(240 OH _22 PRIESTER COOPER 841 =18 602 ITEM 3 25 KvA 2401490 off - PRIESTER _ _COOPER 1,654 lIEM 4 60 KVA 2401460 OH _ 3 PRIESTER COOPER 19 2457 _ITEM 5 751NA 240L480OH _ 8 PRIESTER COOPER 61,147 _,882 ITEM 6 25 KVA 1201240 UQ _ITEM 7 50 KVA 1201240 UO _ _ - ITEM a 100 KVA 1201240 Ut3_____ PNiESTER COOPER_-__ 1 3es 15,295 ITEM 9_ 167 KVA 120 40 WESCO ASS $2 243 97 2 ITEM 10 300 KVA 271480 LOOA Up_ v_ 2 WE_SCO T ABB_-__ _ {200 10100 TOTAL COST =76,727 C ~17A6NX1B 1897iB1697;yyj~--_---,---Qq~gk-Q.~_. 12'~ 1 • w • DATE: MARCH 7, 1991 J 4~ _ CITY COUNCIL REPORir TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID it 1731 - PVC CONDUIT h ACCESSORIES RECOMMENDATION: We recommend this bid be awarded to the low bidder, Dealers Electric, at an estimated annual expenditure of $146,332.26. SUMMARY: This bid is for an annual price agreement for PVC conduit and accessories to be purchased as needed to replenish inventory in the warehouse. This PVC Is used by Electric Distribution In the installation of underground electric service throughout the City of Denton system. a 3 Eight (8) bid proposals were received in response to ten (10) bid packages sent to vendors. BACKGROUND: Tabulation Shoot FISCAL IMPACT: Budgeted funds for Warehouse Working Capital 1996 Account Number 710-043-0582. 4Res fully su ted: Harrell nager Prepared By: I l Name: Denise Harpoo1 I Title: Senior Buyer M Ar,proved: Nam©: Tom D, Shaw, C.P.M. ~ I ® Title: Purchasing Agent O 570.AOUDA • • . - _ y 1 ID NUMBER 1731 c- ! ;NAME PVC CONDUIT t 7ECHL(NE TECHLINE WESCO TEMPLE ELLIOTT v 1 DATE ACCES FEBRUAA +ORIES a MON THS 1 YEAR I 1 YEAR 1 YEAR 1 YEAR IV Y 21, 1896 f - T&GE l~f 2 - UANTIT_V - DESCRIPTION VENUOR VENDOR VENUOR VENDOR VENDOR ' GON.DIIIT, PVC, SCH 40, t 3U 0001 I' CONDUI f1 6' X 20' _ 248.07 _ 236.05..--- _ --230.92 _ 2 300Wk f CONDUIT 4 X26' 12984_ 115.00 133,67 130.76 3 2U 0001 1 CONDU[ P, 2 1!2' X 20' 73 72 - t--- - " - - - _ 65.00 77 29 75.51 4 600(1) I CONDUI'1", 2 1!2^ X IU' 7372 _ --65.00 77.23 • 5 30 0001 1 CONDUI,C2 X 20' 50 76 - -37.00 - 49 t7 75.54 6 6 0001 I _ CONDUIT, 2 X 10' 48.10 37.00 4917 4810 7 26,0001.;f-- 0 0(IOE'I CONDUIT' N 1 X IU 25.90 24.0024 SO - _1 - 4 1 H 6001 AC H y COUPLING 6 - - 5 gg - ` -111111 - - t 588 495 23 . 7 9 100 PAC FI COUPLING 6 5111' 631 70 617.97 _ 9.98 720 tl7814 ~Y 859.05 IU 800 FAC F1 _ COUPLING 4' L76 1.76 129 - 11 150 F A( li COUPL.ING 4 SI ll-_-__ - S 47-- 5 47 - ---1 126 266 9S 4.80 .30 12 8U0 CJ COUPLING 2 - 315 715 l1 - 1266 _ } _ 46 13 1000 HAC Fi COUI LING 2 996 396 - - 15 2852 - -a _ 2770.90 _ I4 1000 EACH COUPLINO 1 r 165 l5 12.03 11.77 - " 15 soF+ACf [ L'I HOW, 6 X 90• 22.84 22.84 _ 19.00 1899 b3 1858.34 16 SO VAC I I 1?!HDW, 6' X 45-'-- 16,54 16 54 17,00 - 1248 14 1193 84 17 SO I A('I I I L HOW, 6 X 22 1/2 36 HAUL lJS 92 95 32 35 - - IS 00 122037 1H LiU I ACII NI BUW 4 X90 36' 12AOllJti 17 16 ' - _ 1262.96 1235.51 1'I 50 F ACH id-.fi 4' X 45• _ 7.65 l77.l16 6 _ 12.054i0 - - -r - - 569.63 , 471 66 ~U 50 l A( I I 7,09 _ _ ----L 709 T --577.23 23. _ 56 I A(I I BLBOW 4 X 27 1/2• - 13.78 - k9 78 -----7.50 585 92 S~ 8 ''2 _ 501 AUI -I+lt30W, 2112 X90• l612ADIlJS 878 - 677 40 662.67 21 GUL 1 `AC Ti L'LBOW 2 I/2 Y 90• 151 2.51 24. 1501 A( 11 _ EiLBOW 2 1/7X 45• - I--- 1,49 - 2 49- - 285 19 278.99 - - ---L 240 236.11 230.98 } • 25 250 F BO WX90. 36 F2AS71US + 7.02 7 02 - 500----- Sk9.67_ 508.34- 26 660 PAC li ELBOW, 2 " X 90 rt 1 39 - I 139 - - _.r 140 126.48 1 125,73 27 100 FA( 11 N.1-BOW,-2-' _ X 45• _ 130 _65_ - 124,44 2B606 HAC11 121.74_ [?I BOW, 1'X90 .495 - 29 80-1 A(II --PLUO, 6" - 1 r I.54 1454 26 111.86 09l7 . 3010 PAC II _ - 1 1 - - ,22 9p ~2 PI U(3, 5 1 22 22 - 1 80 L A( 11 PI UO 4 92 32 10 F+A(,H 7573 titiDllCl+li, 6 X 5 - 926 11.00 9.26 92 80 1090.75 106-7-.03 D 33 5 F+A(H _ 1Z73DIJLNR_5 X 4 1----8 97 - - • 5 - - 832.41 -f - ' _ 71 10.00 - 34 4W 1 A( 11 CEMILMYQUARF 5.57 - 3.70 - CONDUIT - PVC 9CH 80 - 352 OOOF,I' CUNLIUI7 2 112 X 10'- 1-24.19 - 36 _ 2,SOOf•T C'ONDUII, 2' X 10'- -^i- 82.67--- -8SQO 1176.72 0.00 0765 • o • ca • - +JE~, ID NU M B -ER A NAME PVC CONDUIT 6 DEALERS PRIESTER POLELINE CUMMINS ACCESSORIES J N DATE ELECTRIC 6-30-95 11 YR I YEAR 1 YEAR FEBRUARY 21 199b 8 MO 1 1 Yq `i OUANfITY DESCRIPTION VENDOR r f VENDOR VENOOp t VENDOR CO_NDU(T, PVC, SCk.40 _ 1(~~3Oe(10iDF'1'_ (X)NIx1I7'-6' X 2fY ' _ ! VENDOR 2_7.4612.24 218.50 1.98 2 ,_30,0001:[• (7bNIWI7 ; 4'X20 1.09 1.1A 1 1.27 1 - 2.29 3. , _20^OOWI' UC)NlxJfl', 2_Lr2' X 20' _ • 127.00_ 1.29 .637 6 OOOF'1' .0671 \2732 75.00 _ 69 4 - UDN1W1'P, 2 1!2" X 10` 0671 10732 - - - 5. 3(',000f't' CX)NIXICt', 2'X20 • 394 TS 0 .-31.00--- 69 ` 6. 6,000F'I (X)Nixlt'I 2" X i0' 0463_.1.0466 .42 1 . q + 384 .046.91 6166 r SL00 7- r q2 . Z(1,(lOOF''1' <X)NIx11T, 1"X lo" _.189 _ " 0.235 0232 . 600 FAC7 3 _ CX)UY1,IN(3 6 8 - 4.3214 595 5 1315.98 9. 10(IIA(7f _ (X)llYl,1N(36'SLIY - 5.7(1316607 6681892 10. 1150 EA0I (SI [.H4G 11iw EAaI 4' SLI Y 12.4.5111 °16(161 .1 47 3 1 P _ -1 4.00 z 69 12. 81X) FA(71 (X)1111IN(3 2 .Sg 294 i. 12 5741 .611 0.62 10 66 - 9 .00 19. 10001A(}1 (1)UP11N(12' 2571.273 03510.27 ~p I4. 1000 EAU I _ _ . 115 f 49.50 (X)11Y1 (N( - ; i 1" 2 015"Q0,12 f 31.00_ 1 1.5 _ SOFA(}1 kJ-W)W6' 16. Sn I AU 1 L1JiUW,, 6" X90' •17.1108 0 111tl.19.~- 19.85 11600 18.99 X 45' ' )1.9321 I 1 949,.;- 14391 11 82 12.80 - ♦ 1879 1 17. .501A(7f P?l,130W, 6' X 22 1/2. 36" HWA(JS 10.983 11.694 _ .15 1 11 56 12.34 _ 18. 150I.A(71 l~7-E30W, 28 4"X90' 36" - --_-1.1--.96-- 1230 1207 19. 501A(7 i ELV )l l1S " 11.3671 12.043 14.931 J 430 W, 4^ X JQ` 5.127; 5.454 6 1715 -6.-6-7,\ T-40- w EA(] f !'.1.I3UW, 4"-X 45 5.195 5.527 47 T } 20. 18 00_ _ -i 1 21. -91 I;A( ] 1 - I+J.WJ W, 4" X 22 IM 5.271 S 1 S 410 _ 119915SS ; III 71 22..3U1A(71 Ff.l3(1W,21/2"X90':3(ik(AD11J5 6.09716.484 { 7.651642 72000 i 6.69 2V 600 EACH IUMOW, 2 1/2" X 9O° j 2.110\ 2305 1912--.-7-0'- 1 306 pp } 2 24 150 FA(71 l7.IX)W, 2 1/2"X 45° I 1.78511 897 2 1712.24 r 28200 - ; - 25 250 1131] 1 - 17.F30W, 2° X 90. 36 "HUS 4 677 1 4.976 6 1214,4'3 IT ur. 6W IAC71 - f+J.HOW, 2: X90' - } _514 -1_ .-r 1 2l { 271(YJEAC}f 1. 1391 1212 1(LHOW 2X45° - 1t (99.00 - } I . .00 i 28 (4X) I A(] I r 1.101 1 170 1 14 \ 1 231 14.HOW 1'X4(1' .5 1 .21 • 29 801A(7i PLUG 6' - .4181 445 1_ 04410.51 46 , 30 101A191 , ' - 1 1.071 1.3411.06 13000 1 - 1 5 .8751.431 1.07 x 187.00 .1 ff 31. 1 lA0 1 PIU04_ .66 11 707 . f .06. 1 70_3.89 4 00--.._ --1989 1 - _j 11 32. 10 lA(}1 91:011(7+!(, 6 X 5" IR 47 19449 0 1 1 to. 5IA(7I - RI 17L1(7:R, S X 4' - _ 1281 00 34. 79 4O(1 1A(71 -7-.4 29 1 7 903 + _ 114900 QUART 348513 707 48614 18 455 00 - y q u - 35. 2,0001'(' (X)NI)lJl'[', 2 1!2" X 11Y - 92 - 1 13210,73 - _ - ! b 36. 2,500E 1 (X)NIAM; 2'X IO 596 _075311.04 f 749 15.0~0`~ .07 } • - - • L-- 16t3201[ !CX)NIWn', 2 112 X 201 (:1 1. dO - ' - • :53 + • z7r117{ 'Q3N113r10W 6 X43.40 '19 L-~ - ! 16 EA(73 N4130WL6 X 90 • - - k 0 c f CITY COUNCIL moo' o At M♦ b O f9 4 r 0 04 ~ o O i • ,app~,ua ' ac' 9v AgsA4altelrt~~~-._ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT { 1711 FLOYD GLENN SMITH $ 58,321.40 1724 PITTMAN CONSTRUCTION $1,50,000.00 1729 DRT MECHANICAL $ 85,050.00 SECTION 11. That competitive- ids shallnoteconstitute acceptance a acontrae t between t above the City and the person submitting the bid for construction of such public • works or Improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. 9 SECTION III. That the City Manager is hereby authorized to r • • execute all necessary written contracts for the performance of the construction of the public works or improvements In accordance with the bids acce,,)ted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. • 0 • as • I ~Ot~dnNa_ Q~ A7~~lalD:n~ 2 SECTION IV. That upon acceptance and approval of the above competitive ida 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, SECTION V. That this ordinance shall become effective immediately upon tts passage and approval. PASSED AND APPROVED this the _ day of 11995. BOB CASTLEBERRY, MAYOR ATTEM JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt MICHAEL A. BUCEK, ACTING CITY ATTORNEY BYt` • i _..."^^'""'••Y""•.. n rr- r.N., 'I .'9 i i~'~li~~`r~~at 1F4~/~!R`Yj~~~Y~14j,.. • • 1 1 fy4 7 • 0 DATE: MARCH 70 1995 tie CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID / 1711 - MORSE STREET AND GARDENVIEW STREET SIDEWALKS RECOM.h1FNDATION: We recommend this bid be awarded to the lowest bidder, Floyd Glenn Smith, in tho amount of $44,273.90 for Morse Street and $14,047.80 for Gardonview Street. The total bid award is $580321.40. .SUMMARY: This bid is for sidewalks on Morse Street running from Lakey Street, east to Woodrow Lane (approximately 22001) and on Gardenview from Fallmeadow, east to Brook (approximately 10501). The bid Includes removal of some old existing walk, surface and site preparation and new walkways. BACKGROUND: 'T'abulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Residents of the Morse Street and Gardenv ew areas, and CDBG. FISCAL IMPACT: These projects will be fundad from 1993-94 CDBG funds. The bids are approximately $30,000 under original budget estimates. Apu IIy subm1 t dH arrell ger Approved: Name: Tom D. Shaw, C.P.M. • Title: purchasing Agent • a HID +i BID NAME MORSE STREET SIDEWALK SOUTHWEST FLOYD pgR OPEN PATE 1rynaJ 11ENVIEW ST ~ OAROJANUARY 26,~Y06 ALK CONST. SMITH CONST. 1• 4A~ENVIEW ST.SIDEWALK $78,610.60 $14,047.80 -$15,164.00 2. MORSE STREET SIDEWALK $186,3D4.76~ $44,273.60 $46,!!04.00 TOTAL HID 5287,006.26 $68,321.40 $69,966.00 BID BOND YES YES YES I • . • ea DATE: MARCH40925 ,..-'J -~r:ILIJ CITY COUNCIL REPORT S TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 0 1724 - NEIGHBORHOOD PARK PLAYGROUND CONSTRUCTION RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Pittman Construction, in the amount of $ 37,500.00 per park site for a total of $150,001.00. SIJMAMRY: This bid Is to construct neighborhood playgrounds at MLK Recreation Center, Denia Park, Mack Park and Owsley Park. The bid includes construction of a concrete border, "F'ibar" surfacing and drainage, and equipment consiatfng of swfng sets and play sots for each park. BACKGROUND: Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Parka Department, CDBG Program and park part cipants. FISCAL IMPACT: Funding for these playgrounds was received from Community Developmont Block Grant Program. 4Re y sub tad: Harrell City Manager / Approved: • Name: Tom D. Shaw, 0 0 .M. Title: Purchasing Agent 575.Ad6tt~A 'i jI • +;a • BID * 1724 r~ BID NAME N131011HORIEOOD PARK PITIMAN BPI L PLAYGROUND CONST. CONST. JENKS q~ OPEN DATE EEbRUARY 9, 1995 ~I . J- t y( 8" N1 MLK JR RECRE MION (,IiN'17?R PLAYGROUND CONSTRUCTION to MAITRIAIS $25.6W.00___$22.310,00 tB SUPERVISION, I,AHOR, I3(?UIP. _$12,000.00 f16 347.00 i2 OWSI.I;Y PARK PLAYGROUND CONSTRUMION 2A MA'113RIAIS $25.500.00 _ $22,310.00 213 SUPERVISION, LABOR, I10UIP $12,000.00ffi 347.00 43 DI bk PARK PLAYGROUND CONS'I'RUCi'tON , 3A MMERIAIS $261500.00 $22 310.00 3B SUPERVISION, LABOR, EQUIP $12,000.00 $16.347_00 A MACK PARK PLAYGROUND (.ONVI'RU(-n ON 4A MATERIALS $26,500.00 $22,310,00 All SUPERVISION, LAHOR, BQUIP _ 31WO-. f-g,347__ - - HID AMOUNTS i'il!MS IA,2A,3A,4A $1041000.00 $139,240.00 - - TI73MS 111,211,38,4H _ 8,000.00 _6388.00 'I'OTAI. AMOUNT OF BID ~160i000.0016428:00 BOND YES YES i , 1 • 0 • Ca r ~~/11 (n! I DATE: MARCH 7, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HID 1 1729 - HVAC RENOVATION FOR RECREATION CENTERS RECOMMENDATION: we recommend this bid be awarded to the lowest bidder, DRT Mechanical, in the amount of $95,050.00. SUMMARY: This bid is for replacement of the heating ventilation and air conditioning (HVAC) systems at Denia Recreation Center and North Ickes Recreation Center. Included in the bid are new roof top units and a new Automatic Temperature Control (ATC) for both recreation centers. The project is designed to retrofit the roof top unit only and to make no charges to the duct work or air distribution system. Since humidity is a major problam in high calling gymnasium applications, we specified an 8.9 to 9,0 minimum SEER rating unit with a lower coil operating temperature designed for Improved humidity control. To accomplish the proper humidity conttvl in this particular application, we determined it was not in our beat interest to pursue the high energy efficiency (12.0 SEER rating units) but to stay with the more efficient humidity control type units. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED_ Recreation Center participants and Facilities Management Department. FISCAL IMPACT: Funds for this HVAC renovation project will come from 1999/95 budget funds Account Number 100-032-0002-8502. Rasp actfully subpt ed: C_Llo d V, arts 1 • City Manager Approved: Nnme: Tomb. Shaw, C.P,M. • Title: purchasing Agent • • J S~O.AOEMIA a 1 r'. • w • D 1729 ! --j !fT AME ROOF TOPII.V.A.C. CBS EICI A11I0. FIALL BEROFOt ` DIRT AIiQYEJ? RI PLACEM17AT MECHANICAL] MECHANICAL ii SIWHr MECHAMOU, ENO. MECHANICAL MLCIIANICAI. DATE FEBRUARY 16, 1995 METAL CONT. CO. - ----bE!Stibf - - TV[ MOOR YAVt) V@~[~R VE~I13gR ViIIX)K -y,- VENDOR BID nim NO. t $79,020,96 873,490.00 869,300.00 $71.500.00 $71,878.00 $6 ,700.OD 579,8514.00 Z. ALTERNATE NO. 1 $20,007.70 8 '90.00 $20,000.00 $20,900.00 WISM.00 $20,350.00 521,000 00 ' BOND f YPS YES YES YES YES YES YES • • O r ~ f rte ' r 'E; 3 1S ,N11?~Ttif Y! '.)h ti~~. . 4? O .14 ~ ♦}1 4>•..r.~ Ili ti1'♦M♦ ♦ ~ t 1y♦ µ .4~Ha M1 C ITY ytCOUN_CII fit: H+~ r h.- milli!" llffl+14 yy ♦4. r_. 4~: 4 j 41 I. ' r rl~ F a 0~ e. 4 t f' 4 O O 4 r G ~ ' ooOO . • c~ • , gpendaNo_ AgefldallenZAkgv_, Dale-I ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHERE. S, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I., That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 53295 MOTOROLA COMMUNICATIONS INC. $34,420.00 • SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. ® SECTION III. That the City Manager is hereby authorized to • execute any contracts relating to the Items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. I i iD SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY I BY: • as DATE: MARCH 70 1995 9 017 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER f 53295 - MOTOROLA COMMUNICATIONS iNC. RECOMMENDATION: We recommend this order in the amount of $34,420.00 be approved to Motorola Communication and Electronics Inc. as written. SUMMARY: This order Is for the purchase of new Starsite Maxtrao Mobile Radios and associated equipment for the solid waste fleet. These 26 mobile radios will replace an obsolete patch work communication system made up of used radios collected from several sources. The new system is made up of 26 new radios and 5 desk microphones. The Communication Division will utilize existing cables, base trays and power supplies, as well as provide Installation. Only Motorola radios are compatible with our 800 mhz system. They are protected by patents and copyrights and are exempt from the bid process (Texas Local Government Coda Chapter 252.022). BACKGROUND: Purchase Order #53295 to Motorola, Letter from Motorola dated February 21, 1995 and quote dated January 13, 1995. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fleet Services, Solid Waste Department, and Communications Divls on Denton Municipal Utilities. FISCAL IMPACT: Funds for thla communication system upgrade will come from 1994-95 budget funds: 630-024-0800-9110 $ 1,445.00 630-024-0801-9110 $15,840.00 630-024-0602-9110 $14,395.00 630-024-0803-9110 12,740.00 34,420.00 • Respe ully/ /sub u Loyd Harrel City Manager Approved: Name: Tom Shaw, C.P.M. Title: Purchasing Agent 574. AUFNI)A 4 • +A► • 1 • PURCHASE ORDER NO: 53295 TMIS IS A -1X11 This number must appear on all CONFIRMING DRDEH tS' invokes, delivery slips, cases, (IF MARKED) ns, boxes, packing slips and bills. DO NOT DUPLICATE N Bid No'. D Dale 02 24 45 Page No. 01. f PURCHASING DIVICoTY01 OF DENTONf I O~x~SEXAS 78201-4354 r 817/383--7100 D 9/FVV METRO 817/267-0042 FAX 8 171382-4892 IENOOR MOTORC',A COMMUNICATIONS YAME/ 3320 BELTLINE RD DELIVERY CONFIRMATION ONLY C37 ADDRESS ADDRESS COMMUNICATIONS DALLAS TX 75234 901 B TEXAS ST DENTON, TX 76201 JIM MANTOS VENDOR NO. MOT52500 DELIVERY QUOTED 03 15 95 FOB DESTINATION BUYER TS TERMS LINE QUANTITY IT T I T 001 12.00 EA VENDOR CAT. N N / A MFG NAME 045MQA5G06-K 1,295.000 15,540.00 CITY M 72578 STARTSITE MAXTRAC (6992 FIELD FROG) 002 11.00 EA VENDOR CAT. N N / A MFG NAME 045MQA5OG6K 1,295.000 14,245.00 CITY N 72578 STARTSITE MAXTRAC 0992 FIELD FROG) 003 2.00 EA VENDOR CAT. N N / A MFG NAME 045MQA5006K 1,295.000 2,590.00 CITY N 72578 STARTSITE MAXTRAC 08992 F'TELD PROG) • 004 1.00 EA VENDOR CAT. N N / A MFG NA14E 045M A50G6K 9 1,295.000 1,295.00 CITY N 72578 STARTSITE MAXTRAC (9992 FIELD PROG) i P OE TOTAL s 33,670.00 e ~ tumm,NVw.~ n..ai,a.t ,iNDOR INSTRUCTIONS. 3, Term! ' Net 30 Send anginal invoice with dupburo cupy. 4, Shipping mslructions: F.O.B. Defbnalion prepaid iw,%, eau...... u.<;eve1 i Bill to - Accounts Payable 5. No federal or stole sates ax stall be included 116 E. McKinney St. in prices billed. urc np ivision Canton, TX 78201.4189 VENDOR•ORt(iINAL .4 al AVI ~!`I1~.1-ii • s i PURCHASE ORDER NOI 53295 THIS IS A XXX This number roust appear on all CONFIRMING ORDER - go'c'uoAes. s, dehvar inslips, g cases, CT parking sops and bills. DO NOT DUPLICATE 0.E Bid No: Date: 02 24 95 Page No. 02 ~I 1 ~ p ti PURCHASING DIVI ION 901-B DENTONf DEN`ON. TEXAS 76201-4354 TEXAS STRIFE 8171363°7101) DIFVV METRO 8171287-0042 FAX 817J382-4892 4NDOR MOTOROLA COMMUNICATIONS NAME/ 3320 BELTLINE RD DELIVERY CONFIRMATION ONLY C37 ADDRESS ADDRESS COMMUNICATIONS DALLAS TX '15234 901 B TEXAS ST DENTON, TX 76201 JIM MANTOS VENDOR NO. KOT52500 DELIVERY OUOTEO 03 15 95 FOB DESTINATION BUYER TS TERMS T. LINE UANT Y I LIMIT 005 2.00 EA VENDOR CAT. N N / A MFG NAME HMN-1038 150.000 300,00 CITY N 72578 DESK HIC 006 1.00 EA VENDOR CAT, N N / A MFG NAME HKN-1036 150.000 150.00 CITY N 72578 DESK MIC 007 1.00 EA VENDOR CAT. N N / A MFG NAME HMN-1038 150.000 150.00 CITY N 72578 DESK MIC • 008 1.00 EA VENDOR CAT. N N / A MFG NAME MMM-1038 150.000 150.00 CITY N 72578 DESK MIC USE TOTAL 1 750.00 OR ND TOTAL 1 34,420.00 0 01 630 024 0801 9110 15,840.00 • 1 02 630 024 0802 9110 14,395.00 03 630 024 0803 9110 2,740.00 04 630 024 0800 9110 1,445.00 j ANDOR INSTRUCTIDNS 3 Terms ' Nei 30 N.4f, aavwiu guava! 1. Send original invoice WA dupliteta COPY. 4. Shipping insifuchons: F.O.B. Destination prepaid tumor ow.nu Bill to - Accounts Payable 5. No federal or state sales tax sWJ be includod 216 E. McKl" St in paws bitted. urc "ing v1510n - nenton, Tx 76201-4209 VENDOR-ORIGINAL - --..-....._.,.r.. , --;i , . i:: a • _ c+ 1y6~ go Address Aeply to: MOTOROLA p.0. Box 818049 Communications and Eferctranlcs Inc, D61166, T%76381 1214) BBB 0700 2-21-95 Mr. Tom Shaw Cily of Denton Purchasing Department 901 -if Texas Street I)cnlun,'fcxas 76201 Suhjecl: Sole Source Procurement lear, Mr. Shaw According to the original APCO 16 Wcumenl, there are certain requircments set forth for Public Safety ( ommunicalion'rrunking Systems. Mcn'I'runking systems were frsl developed, each manufacture designed Iheir systems based upon the AMO requirements. Since (here are no rcquirements which stipulate the Iransmission protocols, each manufacture developed their own prolocol f'nr transmission standards, There is therefore, no direct compatibility between different systems. Ancillary control equipment for the trunk system fixed sites, as well as field equipment ( mobiles and punables ) also uses the same system protocols which requires that the equipment be compatible. Only Mmorola's mohilo and portable equipment uses the same protocol (data stream) to communicate to tltc system's main controller and or other field equipment, Thus the only manufacture's equipment that can be used for fixed or field applications is Molorola. This qualifies as a sole source procurement under Vernon Statutes. Sinrcrcl Ja cs R• dtt~J,c f 1 A eou Mattagcr i y~ida Communicalions & fileclronics Inc, • 214-M RRdiRl1G IJalf. Alynnginnred„Sc6nunoeurl). Il Innis 60196 (312)J97?Goo • • 5 % 7 Pn~ r(r 4ij1}yt s ~t 1 di : ,I4` 1A6 e, f A E tdi r A YiP.rC'v,ii' • c~ M DENTON.XLS Zoe 7 EQUIPMENT QUOTATION DATE: 1 1.t13.85 DENTON CITY PURCHASING CEPARTMENT COMMUNICATIONS DEPT. 901 TEXAS STREET DENTON TEXAS 78201 ATTN' DON BRYO SUBJECT: MOBILE QUOTATION STARTSITE MAXTRAC ITEM QTY DESCRIPTION UNIT EXTENDED ✓ 1 26 D45MQA5GG6-K 35 WATTS $1,275.00 $33,150.00 I B 26 BIB 5 WATT S?K. $2500 - --$65000 _ 1C 26 8382 FULL SIZE MIC i30 00 _ _3780 00 2 4 HMN1036 DESK MIC $150,0 1 0 3800 00 3 4 HKN9455 CABLE 315.00 380.00 4 4 HLN5309 BASE TRAY $19,00 578.00 5 4 HPN1007 POWER SUPPLY - 5180 00 - 5720,00 TOTAL COST 536 O3b,00 I MAXTRAC C3SMARTNET ITEM QTY ]DESCRIPTION UNIT EXTENDED 1 26 ;D35MWA5GC3-K 15 WATTS 31,55000 $4030000_ 1A 26 B18 5 WATT SPK $25.00 - -$65000 I B 26 8362 FULL SIZE MIC 530 00 1780 ob_ 2 4 HMN1038 DESK MIC 3150 DD 5800 00 3 4 HKN9455 CABLE $16,00 $60.00 4 l 4 HLN5309 BASE TRAY $1900 376 00 5 4 HPN1007 POWER SUPPLY $180,00 $720,00 TOTAL COST $41166.00 I 1 Page 1 • ~ ~CITY'~~== COUNCI c 4+ Of 0 f~ v'Z, t • 4 ~M ~C a~ ~r • r p ~ GLT~~~oJ • 0 • ApendaNoml~+~~- Agendalte ...W-- Date__ !~5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR OPERATION A14D MAINTENANCE FEES AT LAKE RAY ROBERTS AS PER CONTRACT AGREEMENT WITH DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contract commitment to Department of the Army, Corps of Engineers, the City of Denton is required to pay Operation and Maintenance Fees; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such fee; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION 1. That the expenditure of funds in the amount of $27,256.07 to be paid to Department of the Army, Corps of Engineers, is hereby authorized. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. 1 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORMi MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: Pn.ow 5 t t I 7. t ~tl ,a.V lL I)i ~ tCi • w DATE: MARCH 7, 1995 CITY COUNCIL REPORT s TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: CHECK REQUEST - DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS RECOMMENDATION: We recome:end the Check Request to the Department of the Army, Corps of Engineers, be approved in the amount of $27,266.07. SUMMARY: This check request is intended to pay Invoice #$04950020 dated 2-1-95, in the amount of #27,288,07. The invoice is for operation and maintenance coat of Ray Roberts Lake, as per our water supply agreement. Several repair protects were funded by the Federal Government and performed during the 1994-95 time period. This invoice represents our percentage share of the joint cost amount. BACKGROUND: Check Request dated 2-13-95 and Invoice from Department of the Army .;ores o Engineers #B04950020. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utility Water Prnduction Division and Corps u Engineers. FISCAL IMPACT: This invoice will be paid from 1994-95 budget funds account #820- 081-0480-8502. 4.R,esp uIIy aub ttedHarre City Manager Approved: Name: Tom D, Shaw, C, P.M. 'T'itle: Purchasing Agent 576. AMMA 2. 1 ,tl ~ {{i Z t lip i.: t • r CHECK REQUISITION-VOUCHER ;,11 C, PAY TO: CNECANUMUER F&A OFFICER, USAED, FORT WOIIIll OFPT OF THE ARMY--rlRr',111_1S1G 266 07 AMMINT ATTN: CESWF-RM-FC, PO_BOX_l7'300 - WATER PRODUCTION _ DEPARTMENT FORT WORTH, TX 76102-0300 FEB. 13, 1995 - DATE INVOICE DATE. NUMBER ANDIOR EXPLANATION ACCT. N0. NET INV. AMT. OPERATION & MAINTENANCE CC15-T PA'fMLI T FOR PRF-fENT WATER SUPPLI' Al RAY ROBERTS LAKE, REF CONTRACT 4MiCtJ63- 80-C-0104 FOR, PERIOD 1 OCT. ;+4 SEPT. ?5. 13IL1- 4804950020-2/1/95 620-061-0460-8$02 $27,266.07 NOTE: Pt_EiASL INCLUDE A COPY CIF 1HF ATJACHE_D INVG..•: WITH GHECh 10 r~ Y • f I 1_51' V (J TOTAL 4271266.07 U • c) THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE UNDERSIGNED. ~ • lo~ AGCOUk11NG APPI GYAI SI NA/UAf CrtY MANAG[N APP NUYAI UI RlCIUR DI PIHANCf APPNIIYAI . I . , • • Iar t A.r~j,1 it t ..l ~ 7bv,±iw P9~~^ •Y~C in L • 48 M3 DO l WATER STORAGE CONTRACT DACY63-60-C-0104 CITY GF DINTOY IGT ROBIBTS LAII 14 q~5 TOTAL EfCLUSIONS JOINT COST PER CONTRACT COSTS OPERATION "VOUNTS DAM-0186& FACILITIES i 141,958.18 46,900.00 95,058,18 RISIRVOIR•OPERATIKG FACILITIES 12,514.59 91895.39 2,619.20 REAL ESTATS MANAGIMENT SERVICES SERVICE FACILITIES ROADS, RAILROADS, BRIDGES 0.00 0.00 9U1!,D1NGS, OROUNDS, UTILITIES 11490.25 1,490.25 PERRANENT OPERATING EQUIPMIN7 31850.44 3,850.44 NATURAL RESOURCIs MANAGEMENT 83,451.00 83,451.00 FISH A WILDLIFE OBER NATURAL RESOURCES RICRRATION MANAGEMENT 45,778.94 45,778.94 CONDITIOK i OPERATING STUDIES PROD, CONDITION SIDIKENT SURVEY EMBANIMENT LKSTRUMENTAVON 34,226.22 34,226.22 PERIODIC INSPICTIOIS 1,355.50 0.00 11355.50 vTHER STUDIES IN SUPPORT Of OPIRATIONS 14,734.92 14,734.92 0.00 DAN SAFETY TRAINING A CONTINGINCT PLANS 0 0 MEN CONTROL MANAGININT DATA Ci UNAG.FOR YATIR CONTROL 94,870.89 94,810.69 VATAY QUALITY 16,157.99 18,157.99 WATER CONTROL 74,827.07 85,970.78 81656.29 OSHA INS. i MEDICAL sums 0.00 0.00 LAY INFORCIMENT CONTRACT 0.00 0.00 REAL ISTATI MANAGEMENT NARGE.i COMP. INSP. LEASIS ITC. 1,175.28 11175.28 UMUTION INSPICTIONS 0.00 0.00 OUT GRANTS i AUDITS 16,329.44 16,329.44 REAL PROPERTY ACCOUNTABILITY 1,956.'3 11956,63 j TOTAL OPERATION COST 544,617.31 431,447.48 113,229.86 • NAINTENANCR ACCOUNTS RELOCATION, COMM A DISPOSAL 243.50 243.50 LANDS i DAMAG98 0.00 0.00 DAN JOINT USE FACILITIES 120,912.47 0.00 120,912.47 ENGINEERING A DRSIGN 99,477.91 41,912.98 57,564,93 ACQUISITIONS 31867.96 31867.96 RECREATIONAL FACILITIES 24,950,00 24,950,00 • ?ERMANE87 OPERATING RQUIPKINT 16.588.10 18,686.10 • • ENCRGACKNINTS 11673,76 11673.78 ROADS, RR, AND BRIDGES 0.00 0,00 iUPERV!SIOH A ADMINISTRATIOM 182,494.47 121,375.70 41,118,77 .TOTAL MAINTENANCE COST 432,206.17 194,023.90 238,182,27 TOTAL OPEP,h7!O'.; A NAINTINANCI COSTS 976,883.51 825,411.38 361,412.13 .U77S9 X OI' !~N;; COTS ANaV DUE 0" 1 O+;T 04 30 SEP 951 27, 266.0? • s;s liTATEMENT Of' ACCOUNT Amounts Due the BILL NO B049`~00205"~5 DATE 1 FEB 1995 Department of the Army Corps of Engineers ATTN; CESWF-RM-FC P.0 Box 17300 FORT WORTH,TX. 76102-0300 FORT WORTH DISTRICT PAYER: CITY 01' DENTON 1701-8- SPENCER RR ATTN: TIM FISHER DENTON, TEXAS 76205 OPERATION AND MAINTENANCE COST PAYMENT FOR PRESENT WATER SUPPLY AT RAY ROBERTS LAKE, REFERENCE. CONTRACT NO. DACW63-80- C-0104, FOR THE PERIOD I OCT. 94-30 SEP 95. DUE 2 FEB 1995 PAY TO THE ORDER OF: F&A OFFICER, USAED, FORT WORTH AMOUNT DE IS BI , PLEASE REMIT COPY OF BILL WITH CHECK ACCOUNTING USE ONLY DD CB152801500A000 $ 27,266.07 GB CB1529400032200 ¢ 27,266.07 FOR USE IN LIEU OF FORM SWF-1011-J tW~ • G.N C I T Y COVNCI ` o ~ a ~ CpJ ~pO ~ YY ~K I ~ ~ C M ~ ~ 0o0`J e GGL ~ s e l e o A:~ECEC7.00 Ageodalie ZC Date.-~.. 7 _:I (Jb,3 ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 6, 1995, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 3, 1995, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES 1, 2, 3 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXA:d; DE- SIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PRO- VIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That a municipal election is ordered to be held in the City of Denton, Texas, on Saturday, May 6, 1995, for the pur- pose of electing Councilmembers for Places 1, 20 3 and 4. In the event a runoff is required, the runoff election shall be held on Saturday, June 3, 1995. SECTION II. That the polling places, which shall be open from 7:00 a.m. to 7:00 p.m, shall be as follows: 1. Voters residing in District No. 1 shall vote at: MARTIN LUTHER KING, JR. RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS 2. voters residing in District No. 2 shall vote at; FIRE STATION NO. 4 2110 SHERMAN DRIVE DENTON) TEXAS i 3. Voters residing in District No. 3 shall vote at: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4. Voters residing in District No. 4 shall vote at: DENIA RECREATION CENTER 1001 PARVIN DENTON, TEXAS , SECTION III. That the election officials for the election and the runoff, if any, shall be as follows: 1. For the Central Counting Station: George Hopkins, Pre- siding Judge; Tim Hodges, Manager; and Randie Smith, Tabu- lation Supervisor. • r~ 2. For District No. 1: Ruby Cale, Presiding Judge and Alma Clark, Alternate Judge. 3. For District No. 2: Doris Chipman, Presiding Judge and Mary Mecay, Alternate Judge. 4. For District No. 3: George Spuller, Presiding Judge and Bill Williamson, Alternate Judge, 5. For District No. 4: R. B. Escue, Presiding Judge and Joe DeMaris, Alternate Judge. 6. Jonnifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. 7, George Hopkins shall be Presiding Judge for the Early Ballot Board. The presiding judge of the Central Counting Station and of each district are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual as- sistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided for by state law. BEC' oN IV. That early voting shall be conducted for the election, and the runoff election if necessary, by the Office of the City Secretary in the Municipal Building at 215 East McKinney Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, commencing on April 17, 1995, ana ending on May 2, 1995. In addition, early voting shall be held on Saturday, April 22, 1995, between the hours of 10:00 a.m. and 3:00 p.m., at the same location as weekday early voting. SECTION V. That the Mayor is hereby directed to provide notice of the election, and the runoff election if necessary, in accor- dance with Sections 4.002 and 4.003 of the Texas Election Code, the notice to be printed in the Spanish language and the English language, • SECTION VI. That an electronic voting system, meeting the JJi requirements of Chapter 124 of the Texas Election Code, shall be 1 used for said election. 5ECTI0N VII. That the City Secretary is authorized to prepare • byethoicial e Charter land laws of ethetState of perform Texas for every holding elec- tions. PAGE 2 • 0 .92 SECTION VIII, That this ordinance shall become effective immej?¢ Qj diately upon its passage and approval. PASSED AND APPROVED this the day of , 1998. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCER, ACTING CITY ATTORNEY BY:_-~` _ i • 1 0 j PAGE 3 . 4.+ . c ~CITY~ COUNCI e ~ ° ~ Macci°~°°~v • ca C'.\NPD0CS\00.D\MI8SPAC.0 AgelldaNe -04 Agondalte rye ~ ~ ~ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, MISSOURI PACIFIC RAILROAD COMPANY AND MONEX RESOURCES, INC. FOR THE LEASE OF RAILS TO TRAILS RIGHT-OF-WAY BETWEEN SYCAMORE AND PRAIRIE STREETS TO EXPEDITE UNLOADING OF RAILCARS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute an agreement between the City of Denton, Missouri Pacific Railroad Company and Monex Resources, Inc., for the lease of Rails to Trails right-of-way between Sycamore and Prairie Streets to expedite unloading of railcars, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorized the expenditure of funds set forth in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1995, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: i APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY U f BY: i I • r FFE 8 1 7 FP 101 TF'rir FUIL E`TATE T: 1'31 9 FE J`'~ nJ'? _..fi Potd r Noe; ;r e qb_ Audit NO:3 - 1 -7 ob LE1Y6 OF PROPn !Y THIS LEASE ("Lease"> is entered into on the day of -MANY 19 between MISSOURI PACIFIC RAILROAD CC and Elie CITY OF DEN'PON, TMQ4S collectively referred to as ("Lessor and MONEX RESOURCES, INC., an Ohio corporation, whose address is 45 NE Loop 410, Suite 700, San Antonio, Texas 78216 ("Lessee"). IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: Article 1. PREMISES; USE. Lessor leases to Lease* and Lessee leases from Lessor the premises ("Premises"), at Denton, Texas as shown on the print dated February 28, 1995 marked Exhibit A, hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for a site for a fly ash unloading facility including a truck scale and roadway and purposes incidental thereto, only, and for no other purpose. Article II. TERM. The term of this Lease shall commence on March 1, 1995, and, unless sooner torminated sa provided in this Lease, shall extend for one year and thereafter shall automatically be extended from year to year. Article ITT. RENT. A. Lessee shall pay to Lessor, in advance, rant of one Thousand Two Hundred Dollars ($1,200.00) per annum. B. Not more than once every three (7) years, Lessor may redetermine the rant. In the event Lessor does redetermine the rant, Lessor shall notify Lessee of such change. Article IV. SPECIAL PROVISION - ROADWAY (NON-EXCLUSIVE). Subject to the terms and conditions of this Losses, Leases may • construct, use and maintain the roadway shown on the attached exhibit print, provided that: i) The roadway is to be strictly private and not intended for, and may not be used for, public purposes. 2) The use, of the roadway is not exclusive. The roadway is to be 19 used jointly with Lessor and others to whom Lessor has given • • or may give similar rights, 7) rJassee, at Lessee's sole cost and expenae, shall maintain the roadway in a condition satisfactory to Lessor. 4) Lessee's right to construct, maintain and use the roadway is a license and not a lease, and the roadway is not a part of • O • w • F.EFi ?5 1L 7 FFIh~ ITFH(T'_. F!EiIL F STATE Tea lc l c ~~rJ(r!; the Premises except that all of Lessee's obligat3l6nb_ ^1 nn,, Lessor's rights under this Lease regarding the Promises sha113 `O•~ also apply to the roadway, Article V. SPECIAL PROVISION - INSURANCE. A. At all time during the term of this Lease, Lessee shall, at Lessee's sole cost and expense, procure and maintain the following insurance covax,•;gs General Public Lialjility providing bodily injury, including death, personal injury and property damage coverage with combined single limit of at least One Million Dollars ($1,000,900.00) per occurrence and a general aggregate limit of at least One Killion Dollars ($1,000,000.00). This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, severability of interests, and name Lessor as an additional insured. if coverage is purchased on a "claims made" basis, it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked if insurance covering the time period of this Agreement is cancelled. B. Lessee shall furnish Lessor with certificate(s) of insurance evidencing the required coverage and, upon request, a certified duplicate original of the policy. The insurance company issuing the policy shall notify Lessor, in writing, of any material alteration ncluding any change in the retroactive date in any "claims-made" policies or substantial reduction of aggregate limits, or cancellation at least thirty (10) days prior thereto. Tho insurance policy shall be written by a reputable insurance company or companies acceptable to Lessor -r with a currant Beat's Insurance Guide Rating of a and Class VI1 or better, and which is authorized to transact business in the state where the Premises are located. C. Lessee hereby waives its right of subrogation under the above insurance policy against Lessor for payment made to or on behalf of employees of Lessee or its agents or for loss of its awned or leased property or property under its care, custody and control while on or near the Premises or any other property of Lessor. Lessee's insurance shall be primary with respect to any insuranco carried by Lessor. • Article VI. SPECIAL PROVISION - DEVICE. Subject to the terms and conditions of this Lease, Lessee may construct, maintain and use on the Premises the device, provided that; 1) Device is firmly secured and stored in a position outside • Lessor's standard clearance horizontally at least 8-1/2 feet • • 1 from the conterlina of the rail and vertically at least 23 ; feet from the top or the rail. 2) For any curved portion of the track, the standard horizontal clearance shall be increased one and one-half inches for each degree of curvature, O 0 1 i f FEE 29 '95 icFF'. uI (iII ia.A. ~Erl~ t:ir+i❑ i, olal:,oc~c rn ~c 3) All doors, windows and {fates shall be sliding from the track, if opening toward the tracks could -L clearances. R; ;._..__4b...-L4 ",,,,II 6~1 a) Any movable appliance, inoluding but not limited to, dock plates and loading or unloading spouts or equipment, that only when in use impairs the standard clearances, shall be securely stored or fastened by Lessee when not in use, so that such equipmont will not impair such clearances. S) Lessee shall notify .Lessor, not less than 72 hours in advance, of any work in connection with the construction and maintenance of the device. IN VITNBSS WHEREOF, the parties have executed this Lease as of the day and year first herein written. MISSOURI PACIFIC RAILROAD MONEX RBSOURC88, INC. COMPANY By:sen or Manager - Real Estate By:_ Titles CITY OF DENTON, TEXAS BY: Title Notes Now Lease i 1 I 1 l V . • fit, I ~9I ~ X", ~ y i„~ :rti •,,z.tyk~r ~~~r • FHB ~8 '95 Ic:;59 FP,':~h1 C~~NTF'H~:TS'PEHL eSfATE YG 91617j627'3c:q PfiGE.075-00y DENTON VEX. ~PrPfsml~yO y O"^°r ✓ i R ter, r^^ ~ ~~'Jti ' r 1 ~ g 8 F y• v`~ r ,•n AV F . ~`i BN Lot . li t utl 1 N miSeouri Pacific A4Llro44 Company ILlustrnive print showieq property to ' big leased to I r MOM RYSOt11tCZS, INC. r r 21 ~ a r _ Denton, tex4s ZO Z 1 bated rsbruuy 2!, 1945 W ~ t.e4sr Area shown..... I . 904 exclusive 904dway shown------ Trvck Scale A ewrhead hoppr shown. 0 rot o ' FEE cr', _i= is °ry .141 F L HL I,ga Ls w10446 APPR(Ntl), LALC lka is ti a l )Zjzl l.dr4nn 1. i1A'Ito►pmtTS. /S . v.J 8o improve"nts p14000 Upon the Promises by I..... Shall b•adwo a part o: the realty. 4e041em I, AE!>CIMPA11MAR Amp ritldat IUMT!. A) Leaser sa•tves to Itself, Its agent, and Contractors, the zLgAC to enter the PruLLSes ►t auah three As will not unrsuanably lntectere with Leefee'f we of the Premlaes. !f Lessor raet"A II) the exalusl•re right to perwlt third patty placement of ACVortlsinq signs on the Pr•nlall, And (111 the tight to eonatrutt, r,,lntain and uperata hew SPA oxdstlnq faCSlltlos IJACludl Aq, without LLaltatlon, trackage, tenter, CommunLoa%ion faCllltNL roadways and dtllltlesf upon, aver, ecrosm OC unrl•r the Prowlies, and to grant to otMfs "Ch CighW, provided that LSJAee's use of the Pcami res Is not lnt•tfeted with untoleenably. C1 This Lease Is "do Sub)eet ;o all oucstard:nq r,ghts, whether or not 0.1 record. :user rea•_ver the right to anew such outstanding rlghta. sedtiun J. PAr1DaT Or PJM. Rent 'which inrluda the anneal rant and al: other amount, to be pall by Lesase under this Le eel anal, be paid ;h lawful nervy if the tMltad statas u.' AmrrLca, at eudn place a shall be d atgnaied by the Le Noc, and vtl rho Vt O:f pet or dedueTtOA, 1"tion 1. TAXU Alm Asp laldbePl. AI LaSas small pay, Pri Or to aollnqueno'1, alI taxes levied durlnq Cho Life of this LeAr• on a : I personal property and lmprave.mrnts on the ersnlses not belnnginq to Leaoe. If Aden taxes are paid by Loosur, •Lthar ampara;e:y or a a part of the Levy on Laedr'r till property, Lassos shall relabuSSO LOAACr In full within Ch.- t y 00) days attar rendition of Laaor's bill. s1 It the !140;104 Ara specially assessed to: publlC Improvements, me annual ee.Tt will be ,.,mail Cl< my tn0reased by t,t of the full arfessmanr amount. ser.r• urn A2011172. csa dote het lndlude any :1ght Cn the was or voter under any ve Ht eight of Lessor, c r list' any vatee rignaa except In the name of Lrssor. CARS Aim Val or vvuoaaas. A) L' so@ shall use reasonable Care and uautton agalnat domaq• or destruction to the Promises. La,,. nell hot we or, pernlt the use of the Promises for any unlawful purpose, +ulntaln any nuisance, pyawit any water, or ore the Pranceas In any way tMt Craton a hazard to persons or property. .seed MAIL' keep the Peemisv■ to A safe, nut, clean ■nd presentable Condition, and :n good Bond Ltion and repair Leuee Shall keep the sLdwalks and public ways on the Prsaalsas, one the wlkwaye aDpun man: to any CAllrwao spur :cack(sl on or serving tine PrtalAq, tru mind elur eon any substance which •,ght date a hazard and all water flow Shall W directed eway Crva Cho trarka of rho Lea'aor, 9) 1.4344e shall not petmlt any sign on the Premises, ektopt signs relating to Lase•+f Cl If any lmprovemmt on the Pimiaes not belonq:nq to Lessor is damaged or denttoyoel by fire or other casualty, Lasses shall, vithln thirty t901 dayP after such casualty, ceoU"! Ali debele resul!Lng tharef:OC. If La fee NLIS to cO 40, -eaaor may rarove such debris, and Lesser agr•ea :o re leOUta 91 al for all 7Xpenaas Incurred vlihlh thi Ry I'c) days alter rendl%LOA Of LABOr's L1:: 71 (.eaaee Shall Comply with all governmental 1 Ws, ordlnana a , rules, regulations and Orders relatLnq to lesae•'A too e! the !real sea. tentloA T. RAZAPAWa K&TWUAIJ, rT1w)wc3s AM cASTU, A) Without the price wl.tcon consent or Lauor, C.asas shall not use ae permit tint use of the Praalaea for the geMratl On, We, :teatayAt. .manwfatuto, produati On, drags or fecyCl:hq of any 9ararddW su"tanaes, except that Lesser stay use Iii small quantltiu o! 70mmOA thoaladela such ■s lutioAnts other. Matardawl susatanced, *the:gthan l Sarapdov/ wet/tefO isudefined hinsth• Rasawrae Co"Oreati OA and Renovery Act, 12 V.S.C. if 410:, qt fig., or amended IIRCM41, tha-'ere necessary tot the Conduct of La ses,$ oWlness at :he Pre.misa as spealfied In Article T. The tomvA% of Lessor .stay be withheld by Leasor foe any reason vhacsaewe:, and may be subl at to Cnnditidns lh eddltlon to those sat Iorth belch,. It shall be Cho sole responsibility at Leaaee to ele armlAe whrthot cc Ad% a aontemp24te4 vas •f the ltealAer it a harardouf dutiStan Ce We. 91 IA no event shat) Lerua li) re Noe, dlachargn or dispose of SAY HatsrdOYA lubstandes, ILL) 0 premises yany undo Around estoragevt mXo, beC lIly3 j%ore e any eRasardowsl rubstanee4 within one hundred • fast I100'V of the :Omtoe line of any main track. rage 1 of ! • 11 11TFl H=:i= F['=1L E=TATE T': F H', E ((Jp,~~1Uyi ,.v IL's, tale CI If Lauea Maus or permLta the use of the Peemla•s far f .46 aedoaJ Svbstenc w.Lthout Lessor's aanafnt, L•aatt 011.1 C4rnieh to Lessor eooteo of all permlti , .2(L44 00 number) and natives issued by gOvttnmontal agenc Ltd In co,n,,tlan Math ouch Ha Lardovs Subttanee _.J seat, tagetnet with such other information on cno Hazardous Subs :nee see 9.1 may be requssted by L4A1o P, rf requested by Lusdt• Lento anal: -4,ae co be psefaemad an tnvlroM m%aL au u02VC bf -h4 PaedlJas upon tetmLn9t1OA of the Lute ana analL furnish •lsa; a edgy of lush report, en Lee40e14 golf avot ur.l expense. 01 Hlehout Llmieaeten of oho provtalans of $Aar&,, 12 of this t,Albtt 3, Losses shed ae responsible for all damages. .au u, eoets, oxpen sea, O14-1m. !Limes and penalt Les related Lim any manner to any Hazardous dubatanct Mau of the Pcemla•a (or any Proper-.y in prcxladty to the Prtmlaea) duf L11q the term of this Lea.q or, if :Onger, du TLAq Losses 'a occupancy Of the Pran:lset, rtgardl4ss at Lassoe's ee nsent.t0 such :J6, Or MAY cegagsno e, Rtl JS0A4bct ar Jtrtat 1Labillty of any Indenullfled Pact,/ tea defined In See;lor. 121, and Inatudl ngl vtthout Limttatlhh, (ij any diminution in the value a,' the Yewiau and/or any adladont proptny of any of the :rAgmnitled P4rtlrs, and fill Cho Coat and exp•nee of shin-up, raatar4alon, rbntainntnt, ranedlation, deoontaminat LOA, remavll, ;nvtat:gatlon, kon:tatinq, e19suro or post-0lasurt. Adalthaundinq CAi 1,r9goLAq, Leases shall, not be r41ponslb:e for Hazardous suostaAcos (I1 ex Lstlnq on, In or :nder t=ae Pesmiua Pe-Or to the tar:rer to ;;car of the eormaneemMt of the term n( the Los t@ of :.user's taking oer:Pancy of ale PrtmiA#i, o: :1:1 elgratlnq from en14aen, prtpel'ry Aar ,wntrellod by Loves, or ii.0 piscoa on, !n It rnd•r the Pt4mlJea by any Of the rndemnifted Parties: oxeepv vMro the 44t4r10ut Jcostandl :a dl Jcavorto by, nr cbt no, tam!nst16A is r,:leerbJt.d by, any axcavatLae of :noes:;St ar. ynu rtskan by Or at :hs bthest o: j,euee. Losses shall have tat Oyrasn of provLiq cy a preponaau Act of the evlheneo ihaC try axeeptLe" hf rho er-agoLng eo Lealee's ass pans ibtlii'y far Haurjous Substanves 1ppjleJ. 1 n add LiLon to ins atAel :10tr end r1mtdle4 of Lessor uhdoe ;hill Least Or A& MY tf -,tovtdt,l by Law, Lf Leeaor reasonably d•c t: sloes tnac UM Promises may have boon used dur:nq the ....A of tics :.azae er any PPLCr :uae viva .asses for all or any po.^.Lon of the Prialaes, or art oetAq used for say Hazardous lubataArt goat, vlth of vtshout f.n tear Y ran tin! tAerato, and tsar a release or attlot contaaLLAJ to da'/ 44.•t oecYrttd. Lessor may, At sir v4aetla6 and It any t1.me durtnq the ::fe of t4io '.*tea or cherarftor r:I daua• ;he pr W.1sae and/or any adjacent prooUgoe of Lesaar to be tested, :nvt•algattd, t: MOAltbftd tot the prosendn df any Hatardaul Subetanrla, (.it, Comae any H494r49us svbetande to be ceooved f;om the Prtaiaea and any adjacent lands of Lostac, Hill pause to be per!O,-Aw any teatO;etlan of the Premises ahij arty adjacent lands of Lerlor, and 1tv1 cause to ht Performed arty Mme411tivn of, or reaponst to, the onvlrohdebtal condition of the Promises are the ac-,leant Lsnds e; ter/oi, as LAhd!ard rsaennably buy dsem ntosazary Or d utt4alo, and the coat- see txpenn thereat shall Oe ralmbursou by Lassie to Lsesor vitnin :Rimy i3ol days after rtAdltion Of Lazeor'J bl::, In addition, LOSSOr may, at its e14cli.a1, etquite Laseea, At Losatt'J tole cost and expanse, to porfora such '.Oak, it, wrier, slow., Luaae 811911 promptly commence to part3J.l1 and thereafter ditLgently prosecute to completion Awl work, valnq one or Mort cone:vctacs Snd a supervising aonsultlnq anglnssr 4poeovod in aovanoe by -'&Omar. /i For Purposes of this Sodden 7, -All tots 'Ha14r4aus fubatsnce' shall sloah Iii those aaoscandeJ included vithan the detLA11l4Ae of 'has r40ua tuostande', 'pollutant', -contaminant*, ee -navardous waste', In the COmprehen Lvo Lnvi;anmencaL Response, Compensation AM L1abLiity Act a! :160, 12 U.S,C, 11 9e04, IQ AAS „ 48 Amens„M or in ACKA, cht rtqulatlena 0rotwlg4te4 pumarit :u el then IuCA Act, of st r:• lawn and tegu1a7igns Um.Ller to or promulgAtod pursuant to 110or '6d.1, Act, ltit any natee141, wants or s'Jhstar,co which I% (Ai petrel*", fal asbestos, (Cl f;l*mauid or axplaaive, or i01 :tdLO•ct1-eo; and 11111 such otho,- substantet, Materials ahd vutao ,.Rich are 41 become re1w14tva cr oliaeiftad aJ hazardous or toxic under federal, state Or local :Jw. Jow :.ion e. LrrruTTiS. AI :east' wL-1 I.,AAgt and pay for amt u%. ties and soevletl ttpplied to the Prool too or to j rtJee. 1 al A:1 vcl!.tleJ and aervLaao vLLi be sop r' Losses Jnal' Lit so , metered to Lease'. I- not separately sletertd, Pty P po rt onaCO anr:c as ;,,sonably dottrmtned by Lesser. seauvn e. ua+s. IIi Lssaet anal: not allow any L:a,e to atiscn -_r the Premises fur any sereldss, lobar or 1 material) f3rhiJ4e4 10 ,Ae preriiua or oth*LNLU ar.wil from Lessee's use of the Promises. 0 Lessor shall have the nano td 1:rr14t^te any such lLtna ■t Leesee't expense. Jeatlorl La. ALC'><PIATTOI/S AM f10Admr>oQOfTl: ,.:..wale s A, va S:taertiona, LlprMVemtn;t of Lnat a:13C:0 A/ may be made an ins Promises Lthg Y: the prior consent of LuOlr. sue.: ceAsent, 1! qt von, tAal: be Jublaet .a ;ht hues and C44"gementi of EAe Lasso' in the Jot.14tion of l;J ea Ll:sad env to rues other eonaitlont at Lessor deraralAU to impdJl. 1r, Al: tvtLtr ru Cll raha4nt eRal; ce co.^4:::Jned upon 1^,„lei eon!ormanee 41tA a:! Appl:dobla gbvecnmental requirements arc Lds"r'J then-current 0:44ranca AtAMarda, Pl AL: 41ttr4t LOns, riprdvaneniJ or 1n3t6-It;011 rho:. be at 1.4seea'a 4014 cast 4114 expense, Pay I of 4 • a FEE 1. :ill FF'•;11 :('IITF'ii~:l'c FLGfl_ E'STIiTE TC1 9l'•~1 eyr:~,1~a f .~ICi•,U ,I 11 ,-La,~~.Ic.. ;yVK0VT0' 4M ca Lear** ■A41I uosply with lessor's then-current elasranoe Kandarda, axaebr 111"r14t ao vould aauoo Leases to vlolate an applicable QOverr Amntal requiremant, or fill for any Id o or daYtoo In place prior to LeJasa SaklAq possession of the W'oatsoe If such Improvement or deVLae Complied with Lessor's aletrance stmndarda at the time of Its lUU114tioll, 0) Any actual or implied knovledgo of Laamdr of J ylolation ar the Claarenca rsqulfemeacs of thlf Lassa of of any govarnmintal taquiromenta shall not relLave Lasses Or the nbligati4n to comply with much requlremrnts, nor Shall any Consent of Lessor be daemad to be a reptal OnCatlUn cf ta6h Compliance section ll. "-[A. Leasde Amaeptm the P940,U48 in 1ta present condition With all faults, whether patent or latent, and without Warranties or CCVtnantm, empress or imp Lled, Lemmoo ■ckAWLMgas them LemaAC small have no duty to mintain, repel. or Improve the Promises. srausa 11. ABLZ lS awl uafatWITT Ai As a mltorlal par; Of thq conalderatlon for tnle Lease, Lessee, to the oxnant It may lawfully do e0, 'alvov and released any and as claims against Leaser for, and agrt Al to :ndaaWlty, defend and hold harmless Ltmmor. I t# Affiliates, end Lta and tholr officers, Agents And oaple Yeaa 141ndtWafled 780tito'l from And against, any Loss, damage (Lnclut!04, WLtMU% 1laitsti0n, pvnitlvs or cansequantlal dimagmel, Lnlvey, liability, claim, daewand, OOJ% of expanse i_'A lIding, withwit ')wit2tlaA' attorneys' feel and eoutt doers), fine oe ponslty (aslldatlvaly, 'Los d") Lndweted Ay Any poramn llnaludlnq, without aaitatlon, Luaot, Lessee, Or Any aryldydd 69 Leoasdx and arising from or retAtad to (11 any use of the Premises by LesSse or any invites or :lconsu of Losses, CIO any A,:- or omission of Leases, ttS offieset, Agents, empaoyasa, •icenaeu or -Avitsom. or IILi) Any breach of thh Lease by Lasmea, al the fot"Olng esLease and IndsmnktY Shell apply rogerdless of any negilgende, mtmeenduct ar strict :Lablltty Of MAY fndemALfied Party, except that the LndamrUt.y, anlY, shall not applyy to any Lase closed by trio sole, active and dLroCt negllgenda of any Sndswtlfled Party It Cho 1cq (1-) was not oaoasioned by :Las or other casualty, of lilt west not e4CA4L00ed by water, lncludldg, wltnout liestatLOo. eater damage due to the position, location, eonat""16n of eobutlan of Any AtIOSCU9ea or OCM: lmprO Veman cs or fAC1lLtteA of any Ind"MnLfied Party. C) Where applicable to the Was, the liability provisions of Any contract between Lessor and Laasse COVerlnq the Carnage of Shipments OC trackage ms wing the SCUMSeJ shall govern thO Iris VII shall supd9atdo the pCevisians Of this !.orlon U. O1 Ila provision of this LasJe wltn respect to Insurance shill limit the extant of the COLease, And indemnity provisions Of this seatloa I}. tertian 11. TZAN tATICK. A) Lessor may terminate this Lease by giving Lama** notice of termination, It Lasses Ill falls to pay rent within flatten Ilan days After the due date, Or Jill defaults vMet any $Chat 00119ettd4 Of Lammas vndet thLo Least and, after Written narked to given by tAmser to Lomas* specifying the dtf Avlt, Lessee fails either to Lmosdiatdly cOawelAae to dure the dafsult, Or td complete the "to expedlCLOUSIy but In ell wens vtthln thirty (50) days after the default noti Ce it given. gl ketvithatandlnq the term Of this Lease Aet forth In AClcls Ir.A., Loosest or Lasses BAY termLLnate this Luse wltheut cause upon thirty 1701 days' mottos to the otheq party) provided, n u'~eveC, that At Lesrar'S Oloctlen, n0 each tarni,vtlon by Lessee shall be effective unlosa and vnt1: Lessee has vacated and restored the Preedr43 at rogolred in 9e4tlon ISA1. SadtioA 14. Liialdll'S PPNIDra/. Lessor's remedies for Lusae's default are to lal AAtaf used joke pose asion at that Prmlaas, Without taraLAatl Aq this Lease, and Islet the Pfsmiass on behalf Of LaJSOa, cat Uet And 90441" 'he font from raletting, And Ch4r14 Les 094 for the 400% of feletting, sad/or (b) tonal &to NIs Lease as Peovtdeld In Section 17 A) above and Sue teases fag dawagas, and/or (4) eetalmiae much other COmmrtu SO LOAAOr say have At Lev Or in equity. Lesser easy enter and take poassasian of the Premises by Selt'holp, by ahanglnq ladles, if nrosmaary, sM easy Look out Lsmmee, ■it wttla0ut bglnq Gable fur daeuqu, SNtion IS. VACATION Q7 PP=SU,, mooVaL dP LSS/1s'a M71M. Al 7pon tdraunatidn hovaea"r Of Chia Lease, Ltsaloe ti.) Shall have pamesabLy " qutatly vacated and OUtre114ered Pcas asalon Of the Ptemlau to Lessor, Without Lessor giving SAY WILCO to quit of damard for pomairalon, and Ii:i shall have rerovod :rom the Premisas ell Structures, property and other naterlalm not belonglnq to .,mint, and Nstdred trio luttade of Ut grOWd tJ is good a ate Mit*Om Am the made vat Sn War* such atrVd4Urea WON warted, 1nClu411%q, without Llmlcatlon, the removal of fOUndACldno, tht f11%A9 in of oxnavatlans and plta, And the removal of dearia and :vbbl mh. d PAge 1 of 1 • O w AlYhOVrb, •LAN al it lm too ha4 not tegleked aueh raetrval and Costaf4l14h vtthtn tlLLrt 1701 ~+1>7 a ~ teralrtat/on e9 this Laa64, I491et MAY, at tea ele0t1411, Sad st my tlm O% ,A,A /l~ work Am L4at64 Shall rr IMbwae Leaver toe the cost ogo am wtthln tuj I,f101 4, thereof r4Nesed, IS►} take el.ae to all or any pOaClan of eweh na,"Mur" or pso}arty IbrYY !'l m of n4h eitatiw to Id64ee, and/er ILL11 treat Luae4 ad a hOLaiovSV tenant at will 4n resdval and tutetstion Is rabplated. ~.y 6""m 14, !'1701 oantls. ~i LGAN" shalt %61401,9130 Luger At L-400-176-0193 is 21-hour 2ubb"I to detoralaa 19 fiber 00%14 Gable it burled w the 1840taoa. If table it burfad on tAe retools", Le"4e will 1:84eploa4 the tatedemuni64aloh4 094e4hylieal, arrlhge ter a Gable leeater, sad wko itrangmenta ter rela"Itart Of ether ptetadtion of the gable. N9ewteMtaad4nq ce"llaade by Lessee vtth thle re0tlO6 to, the release and Indsmuty preytaLOAS of 6etuen 12 above shall apply fully to my 44"go or daatruetion of any tolseaswunleatteu systems. 5"LL a It. wMcu. Any A0:144, aonatnt Or approval to p. Given under this Lease shall b• in writtef, WA personally nerved, sent by reputable 00urter 44rvi 646, Or sent by OertlBed hell, patege prepaid, return re041pt r4gu64ted, to Leaser at, edntracta a 8041 Ntete llepartmnt, Rees 1100, 1119 DWQO S%r64b Gieaha, Nebr■ras /1Ltp, and to Lases at the "OV4 addsua, Or auth Other sddrus as a party Say d6et4nate LA mtla4 glwn to the other p4r'ty, Mailed n4t164d ohall be 444004 Sawed 1144 ill days attar dapOeLt In the U$. Mail. Notlou which are psteonally waved ar sent by reur Lod 409VLGO shall h4 444eed carved upon r4e4tpt. "aum Is. Ararvdglfr. AI &.441440 shall not ru616684 the pre"Jos, to whole 09 in part, er assign, Onau0bOr er 4"A"Ot Iby 411690t1ah at low or Othtrwt441 Ulf Le464, without the prior e0Ad40 Of UAW, %%1011 COAewi my be 4104t14d 4% L"MOC11 0014 and 4b"lUte diMastlea. AAy pwap"Aad trs"ter Of 44rie00snt without Leaaer's mhowm shalt so Vold and'shall M e Mlault by to"**. Al fubj OO% to this 64atl6n 90, this L4440 shall be bie" We and inure a the bwatit et the partlN hereto and tA41r reepecuve halm, 40L64utara, adednlatrat0rs, aw4444100910 00 adal4%s, 11.0112411 11, MOlum*06"*W. 11, as naaenanly detaroun" by L464er, the Irosiau 44AA" ba used by co""4 loo"use Of a Gondams%4en at axle in 1L4u of CGAdoanotfen, than U14 Leu6 shall autm&%ialiy tS8MaJ1ate, Lea64r.thall 6e 4M41t14d to LAo Ontirs aweto air pfOdooda for Day total Of pafttal OOedesMlttle% Or Sall In 1104 ther40l, tn41W1nngg, without llalitetlen, thy tweed or psocosds for the 1021" Of the la48eheld estate arutod by thle Lassa, Netwtthnandihv %M faropln9, Lssaso 041 have tb4 rLgnt to purna 000Very trea LAS Candear4nq 44tMrity of dud, eespansaeldn as my ba A4104"tety award" to 140640 tog L4sae4's r410C4tlen aaventa, eha Lak1Aq of Leum'a p"*wAl peoNrty and firtuf4s, and the LAtatawptleh et or d4m46 to 1091"' budlnoss. Sodta4111 M Aa70aar$'4 rm. If either party totaim an attorney m eniora Shia 14446 ILAcludL11g, wittam 11sLtaauOn, Cho 1n44n014ty prOwlaLOhr of this Leasal, tht prevallinq party to tAtltled to to"VAR ati4oshabls 4ttern4y'0 t64#. 044"on 21. WTM Ad PXMM 1*. .his Lease to the 411tife 49144deht wtwoen the pastier, Yid s4pe900044 all ether Orel of VtLMA "9*4"6rl NtwOw Cho 04411a p4rt41rtihq to this tserN4Ct1M. "to"t for Me wailatenl red4t4c""tte% of annual feet is prrvided to ArtLoto ff2.A, Wls Leada my be am*"" only by a written L"CAMOSna 419A44 by Leaver and LOSo44. • Page 4 at 4 r ~?1 • 6a . _ _ ~ ~CITY~ =-COUNCI c w - ~op ~roa t~ 000 i • a A6bndalt fete 3 - - DENTON MUNICIPAL AIRPORT CITY OF DENTON M E M O R A N D U M T0: Mayor and Members of the City Council FROM: Joe Thompson, Airport Manager DATE: February 27r 1995 SUBJECTS Termination of Tract "C!! of Bruce erownrs Lease Mr. Brown has agreed with Mr. John K. Selvidge to assign his lease known as Tract "C" to Mr. Selvidge if the City Council approves. rt is the recommendation of the Airport Advisory Board and Airport Staff to terminate Tract "C"r approximately 4.615 acres of land, of an Airport Lease Agreement between the City of Denton and Bruce Brown which will be leased to John K. Selvidge. Joe Thompson, Airport anager JD:js • I TELEPHONE: 81N383-7736 8171383.7702 D1FW METRO 434.2528 ROUTE 1, BOX 100 DENTON, TEXAS 76205 •.....Y..q..r.... ...w.....w..~ f f a~ 4 ~i L `F`Yy h1 fjA f r:* • ao • CITY COUNCIL REPORT FORMAT TO: Mayor and Member of the City Council FROM: Lloyd V. Harrell, City Manager O~ SUBJECT: Mutual Termination of Tract C of Airport Lease Agreement between the City of Denton and Bruce Brown RECOMMENDATION: It is the recommendation of the Airport Staff and Airport Advisory Board to terminate Tract "C" of an Airport Lease Agreement between the City of Denton and Bruce Brown. Tract "C" contains approximately 0.615 acres of land of which will be leased to John K. Selvidge. SUMMARY: Mr. Brown has agreed to the termination of Tract "C" from his lease. See Exhibit A. BACKGROUND: This 0.615 acre tract was previously leased to Bruce Brown. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: This lease agreement will not affect any other department or group. FISCAL IMPACT: There will be no cost to the General Fund. There will be a $500 loss in revenue, however, the City will recoop the revenue in the tax base due to the improvements. Respect 11/y/submitted, Lloyd V. Harrell, City Manager • Prepared by: Joe Thompson, Ai ort Manager APPROVED: ~ • • e Rick Sve la, Deputy City Manager _<.-ur.~rw.... . • n4r....Y..i.b.Mi:~Y1: i L. M1...,_ 1 • Q ~ cermlaas.ord 3 ORDINANCE N0. 3q6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE MUTUAL TERMINATION BY THE CITY OF DENTON, TEXAS AND BRUCE BROWN OF THE "TRACT C" LEASE OF AIRPORT PROPERTY, SAID PROPERTY CONSISTING OF 33,541.20 SQUARE FEET; REPEALING ORDINANCE NO. 94-229; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton had authorized the City Manager in ordinance Brown, 94l-229 to premises execute being leaie of airport proper therein ast"Tr.actrCce and WHEREAS, John K. Selvidge wishes to enter into a lease with the City of Denton for 26,791.04 square feet within this "Tract C11 property; and WHEREAS, Bruce Brown favors the assignment of his interest in 26,791.04 square feet of the "Tract C" to John K. Selvidge, but does not wish to remain obligated under his lease for the remain- der; and WHEREAS, upon application by Bruce Brown and John K. Selvidge, it was the recommendation of the Denton Airport Advisory Board to lease the 26,791.04 square feet of the "Tract C" property to John K. Selvidge and terminate by mutual agreement the "Tract C" lease with Bruce Brown; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Dethe nton lease betwee the City That and Bruce Brown property on December entered 6, 1994, pursuant to Ordinance 94-229, for 33,541,20 square feet 9f airport property identified as "Tract C" is hereby termind~ed by mutual consent upon the execution by the City of Denton and John K, se fo locatede therein eWMr. Brown's 2 consent 4 being square evfet of idenced pby ethe • document attached hereto as Exhibit A. SECTION IT That Ordinance 94-229, authorizing the city Manager to execute the "Tract C" lease between the City of Denton and Bruce Brown is hereby repealed. SECTION III. That this resolution shall become effective • immediately upon its passage and approval. • • PASSED AND APPROVED this the day of _ --z_., 1995. BOH CASTLEBERRY, MAYOR ....+ww...M.. r sewn w4A 4-.Y,. • a • 001 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: • i PAGE 2 r yy 4 Y 1 ,,~i ! e N • - ray • r 2/10/95 c~ This letter is to notify the city of Denton, Texas that I would like to relinquish my ground lease at the Denton airport known as "Tract C" drawn on the attached survey, The timing of this would coincide and become effective at the same time that John Selvage entered into a ground lease with the city of Denton, Texas on any of the same ground previously leased by Bruce Brown in "Tract C". X-e Bruce Brown • i ^~'I~`~""".. •-Y r. wMwwWl-riS~lwTn:.Y ri M.-• . _ ~ i + • ~ E 4 a r)s 1 7 1 G.l ,•raS3~~t}~~a~~"~k~~(~~h:W~a iV.~/~•~l1`(~'~a' {.N~'G/M1aatRK1 i • o, o ' Err=i lirr a] rrljj~ f l CITY , !I POUNCII At h~0 p e O U k' t' O~oO, s c~ PATEr March 7, 1995 CITY COLyCIL REPORT AyendaNe Data TO; Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT; CONSIDER APPROVAL OF A RESOLUTION RECOGNIZING THE NEED FOR A NEW FEDERAL INCOME TAX CREDIT TO ENCOURAGE THE REHABILITATION OF OLDER BUILDINGS FGR HOMEOWNERS, RECOMMENDATION: The Historic Landmark Commission, at its meeting of February 13, 1993 unanimously recommended approval, i7 MA XY: The National Alliance of Preservation Commissions (NAPC) and Preservation Action have joined together to secure from Texas cities, resolutions of support for proposed legislation that would create a federal tax credit for homeowners who buy or rehabilitate historic realdincentivetforraccelerated revitalize ion of older, chie oric provide often deteriorating inner city neighborhoods. This form of "middle class tax relief" has tremendous potential for bringing new interest +v neighborhood preservation in Texas cities. AC G OND; In anticipation of a federal bill that is scheduled to he introduced in Congress, statewide preservation organizations have solicited the assistance of local commissions. This legislation would assist local preservation efforts in encouraging quality rehabilitation restoration i quality in historic residential neighborhoods. The Denton Historic Landmark Commission has received two reports on this legislation and recommends approval. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Historic Landmark Commission Citizens who own qualifying residences FISCAL IMPACT; None. Respe ;11;y subm t di Prepared by_;_ Lloyd V. Harrell / City Manager e T<nY.i Preservation Officer ® A p •oved; ~ • . /rank H. Ro bins A CP1 1 Executive Director Planning and Development AYNOM9 • w • , a t-.~ RESOLUTION NO. ~ A RESOLUTION RECOGNIZING THE NEED FOR A NEW FEDERAL INCOME TAX CREDIT TO ENCOURAGE THE REHABILITATION OF OLDER BUILDINGS FOR HOME- OWNERSHIP IN THE STATE OF TEXAS, CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the abandonment and destruction of older and historic buildings presents a growing threat to the public safety and the social and fiscal well-being and the citizens of Denton; and WHEREAS, a number of house. have been abandoned or lost in Denton during recent years; and WHEREAS, there are not at present sufficient financial in- centives to attract homeowners to rehabilitate older buildings in such distressed and declining neighborhoods and downtowns; and WHEREAS, a strong base of homeowners is essential to the civic and economic health of this community and its tax base; and WHEREAS, there will be introu.iced in the Congress the "His- to::ic Homeownership Assistance Act, 11 which would provide homeowner- ship incentives for the rehabilitation of older buildings in his- toric districts through a Federal Historic Rehabilitation `ax credit for homeowners; and WHEREAS, the "Historic Homeownership Assistance Act" as conceived at this point would stimulate the revival of decaying neighborhoods and the preservation of historic buildings and districts in Denton through homeownership; NOW, THEREFORE, THE COUNCIL OF THE. CITY OF DENfON HEREBY RESOLVES: SEQTION i. That the City of Denton Historic Landmark Com:,is- sion and the Denton City Council supports, endorses and encourages the concept of the "Historic Homeownership Assistance Act," SECTION II That a copy of this resolution be sent to the • entire Congressional Delegation of Texas. SECTION III That this resolution shall become effective im,:iediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. • e BOB CASTLEBERRY, MAYOit 4 0 ATTESTr JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMr MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: s PAGE 2 • ~ ~CITY~ COUNCI m~ ~r e OGG ~ • • r O N S ` 000 I s o ,t • _ A r AgendaltLj NO D (3b nq DENTON MUNICIPAL AIRPORT CITY OF DENTON M E M O R A N D U M TO. Mayor and Meobers of the city council FROM: Joe Thompson, Airport Manager DATE: February 27, 1995 SUBJECT: Lease Agreement Between the City of Denton and John K. Selvidge This is a standard Airport Lease Agreement for Commercial Operators on 0.615 acres of land located on the north end of the Airport. it is the recommendation of the Airport Advisory Board and Airport Staff to execute an Airport Lease Agreement between the City of Denton and John K. Selvidge for construction and maintenance of an Airport hangar for private use. Joe Thompson, Airport Hager JD:js TELEPHONE: 8171383.7736 - 8171383-7702 - DIFW METRO 434.2529 ROUTE 1, BOX 100 • DENTON, TEXAS 76205 • 0 • W CITY COUNCIL REPORT FORMAT TO: Mayor and Member of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Airport Lease Agreement for Commercial Lease RECOMMENDATION: It is the recommendation of the Airport Staff and Airport Advisory Board to execute an Airport Lease Agreement between the City of Denton and John K. Selvidge to construct and maintain an airport hangar and related aviation facilities on 0.615 acres of land. SUMMARY: This is a standard Airport Lease Agreement for Commercial Operators on 0.615 acres of land located on the north end of the Airport adjacent to Aeronca Drive BACKGROUND: This 0.615 acre tract was previously leased to Bruce Brown. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: This lease agreement will not affect any other department or group. FISCAL IMPACT: There will be no cost to the General Fund. This lease agreement will generate Airport revenues of $2,101.81 per year. Resfully submitted, C/. 9.,,4W Harrell, City anager • Prepared by: Joe Thompson, Airp Manager • APPR ick Svehla, Deputy City Manager • ,1.{voc s \r es Uai vi aga.res - RESOLUTION NO, A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JOHN K. SELVIDGE FOR APPROXIMATELY 0,615 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute a ground lease agreement between the City of Denton, Texas and John K. Selvidge for approximately 0.615 acres of land located at the Denton Municipal Airport, under the terms and conditions contmined within this agreement, which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY . e r. 3 ~l5 -u AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS 5 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 This lease is made and executed this day of , 1995, at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and John K. Selvidge, having his principal offices at Rt. 1, Box 330, Sanger, Texas, hereinafter referred to as "Lessee". AITHESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: 1. CiONDITIONS Or AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO rHE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. PRINCIPLES OF OPERATIONS. The right to conduct aeronautical activities for furnishing services to the public is granted Lessee subject to Lessee agreeing: ! I 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be oliowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price 0 reductions to volume purchasers. ' B. NON-DISCRIMINATION: Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in,CCI~ ! 0 • denied the benefits of, or be otherwise subject d~ t~ discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise discrimination; be subjected to 3. Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimi Tranatniopnor i-n Federally assisted programs of the Department of s tation - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. C. R;W--4F-3d~I p~IlLS T a ' understood b - ~ ~~INTAIN ATR AFm it is cle„rly by Lessee that no right or privile a has been which would operate to prevent an g granted operating aircraft on the airport from ePerforming any services ion its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. NONr'$IVE R7rum nothing herein conta in all be construes stood and agreed that the granting of an exclusive right within the to rant ze U.S.C. Appendix $1349. meaningoof aTitlei49 E. P 19- RFAR• 1• Lessor reserves the right to further develop or improve thm landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep in repair the fact ities ngofareatheofaithe With publicly owned direct and control all activities of Lessee in the right this regard 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, , the instru entucinsofar as they tare inconsist ntnswi h tthe his ' • • ® provisions of the lease to the Government, shall be suspended. 41 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of tha airport Selvldge Lease Agreement • Pepe 2 J~ r o • 3- 15 7ob;2 LI against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor. the following described land situated in Denton County, Texas: A. LAU: A tract of land, being approximately 26,791 square feet, or 0.615 acres, drawn and outlined on Attachment "A", and legally described in Exhibit "B", such attachments being incorporat- ed herein by reference. Together with the right of ingress and egress to said property; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employ- ees, passengers, patrons and invitees. For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified within Exhibit "B", including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. Lessee further agrees and grants to all other properties described or depicted on the survey plat of the T. Toby Survey A-1285, Denton County, Texas attached hereto as Exhibit "CIt, (specifically including the property located in the northeast quadrant of the survey plat, not identified by a tract designation or defined by field notes) the right of ingress and egress across • the concrete taxiway as shown on Exhibit "C". B. IMPROVEMENTS PROVIDED BY LESSOR: NONE: There will be no improvements provided by Lessor, except as set forth in Article II.D. "Access to Utilities" below. For the purpose of this Agreement, the term "Lessor improve- Q ments" shall mean those things on the leased premises belonging to, • • constructed by, or to be constructed by Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All Lessor Selvldpe Lease A9reeeunt Vepe ! 0 • wa improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor. C. EASEMENTS. Lessor and Lessee by mutual agreement may establish, on the lease premises, easements for public access on roads and taxiways. D. ACCESS TO VrTT,TTTFS. Lessor represents that there are water and 3-phase electricity lines within three hundred feet (3001) of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises. III. TAM The term of this Agreement shall be for a period of years, com- mencing on the day of 1995, and continuing through the 30th day of April, 2025, unless earlier terminated under the provisions of the Agreement. Any attempt by Lessee to renegoti- ate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expira- tion of any additional renegotiated period. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport. IV. PAURNTO, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees: A. LAND RENTAL shall be due and payable in the sum of Two Thousand One Hundred One and 81/100 Dollars ($2,101.81) per year, payable in twelve (12) equal monthly installments in the sum of one Hundred Seventy-five and 15/100 Dollars ($175.15) in advance, on or before the first day of each and every month during the term of this agreement. Notwithstanding the foregoing, the annual lease rental is to be • reduced by the product of $0.078452 per square foot, times the number of square feet comprising all easements established in i accordance with Article II(c). B. LESSOR IMPROVEMENTS RENTAL. NONE: There are no Lessor improvements on the leased premises. • O { ® C. PAYMENT. PENALTY ADJUSTMENTS. All payments Lessor Lessee shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lessor. Pa 15 yments which are more than days past due shall be assessed the penalty of one-half of one percent (0.5*) per day, compounded daily, per each day or a fraction thereof which the payment or fee is more than 15 days past due. The Solvldge Leese Agreement - Pepe 4 • b~ • 1 yearly rental for land and improvements herein leased shall be readjusted at the end of each five (5) year period during the term United sStlease on the ates Consumer basis fInthe dex pforoallourbantcothe then nsumers (uPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the April 1990 index, which was 122.2 (1982-84 = 100). The original land rental amount is based upon $0.078452 per square foot per year for the land herein leased. However, in no event shall any of the rental adjustments exceed fifty percent (50%) of the original rental. Each rental adjustment, if r,ny, shall occur on the first day of May 1995, and every five (5) years thereafter. The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number for April, 1990. If the product of this multiplication is greater than the minimum yearly rent of as set forth in Section IV.A., Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the minimum yearly rent of as set forth in Section IV.A „ there shall be no adjustment in the annual rent at that time, and Lessee shall pay the minimum yearly rent as set forth in Section IV.A., until the time of the next rental adjustment as called for in this section. In no event shall any rental adjustment called for in this section result in an annual rent less than the minimum yearly rent of as set forth in section IV.A. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in subsection (a) above, but substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-Fort Worth geographical. region and the U.S. City Average are discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. © If the Bureau of Labor Statistics of the United States Departmenx of s Labor ceases to exist or ceases to publish statistics concerning the • • purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. v SaIvIdpe Leese Aprtewnt - Pape 5 Qf~jO O "i° b 0 • sa ~0 aS Vic.) V, $;GHTB 11ND OBLIGATIONS OF LESBEg A. USE OF LEASED PREMISES. Lasses is granted the non-exclusive privilege to engage in or provide the following: 1. Hangar Leases and Rental, The rental or lease of hangar; and hangar space and related facilities upon the lease' premises. 2. office Space Lease or Rental, The rental or lease of office space in or adjoining Lessee's hangars. t 3. Aircraft Storage and Tie Down. To provide parking, storage and tie down service, for both Lessee's and itinerant aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. B. STANDARDS. Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with the Airport Manager and keep current his mailing addresses, telephone numbara and contacts where he can be reached in an emergency. 2. L t. Lessee shall file with the Airport Manager and keep current a list of his tenants and sublessees. 3. Conduct, Lessee shall contractually require his employers and sublessees (and sublessee's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce his contractual rights in the event of a default of such covenants. 4. Utilities, Taxes and Fees. Lessee shall meet all expenses and payments in connection with the use of the Premises and • the rights and privileges herein granted, including the • • timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. 5. Laws, Lessee shall comply with all current and future federal, state and local laws, rules and regulations which Setvldge Loose Agr"m m Page d yA O • w Awl 3 I Ct J rr~ may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, build- ings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectional matter or thing. f Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automo- biles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. 7. Unauthoriged use of premises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. B. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 9. Quiet ss esAIon. Lessee shall quit possession of all premises leased herein at the end of the primary term of 1 this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and • tear excepted. F 7.0. Hold Harmlest~. Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising cr resulting from the operation of Lessee's business in and upon the leased premises. e • o li. hem cats. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in tiie atmosphere, and paint products; and to comply with all Local, State and Federal regulations setvld" Lease A9f"MAt • Peye 7 • w o ' % 9J governing the storage, handling or disposal of such chemi- cals and paints. 12. Hazardous Activities. Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air naviga- tion, obstructions to visibility or interference with any t aircraft navigational aid station or device, wither airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation (a), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the viola- tion(s) cease and desist from all such activity creating the violation(s), in such Pvent, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said correc- tions within twenty-four (24) hours following written notification, then Lessor sha:-1 have the right to entir onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corroctive action process. D. SIGNS During the term of this Agreement, Lessee shall have the right, at its own expense, to place in c.: on the lease Premises signs identifying Lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established b' Lessor for the Airport. Lessor's approval shall not • be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this agreement, said signs shall remain the prop- erty of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. ® VI. COV6NANT9 BY L6990A • • Lessor hereby agrees as follows; A. PEACEFUL EMPLOYMENT. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to Setvldge Lease Agreenknt - Pave 0 O~ • ca ~1 . _01 be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; B. COMPLIANCE. Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A. RUNWAYS AND TAXIWAYS. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the ru gay and taxiways of the Airport, Lessee herein agrees to limit ali aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee • or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result. e VIII. LRASnOLD IXPAOY.ZMMiTS • 0 A. REOUIREMENTSt Before commencing the construction of any improvements upon the premises, Lessee shall submit; $81060e Lease Apreewt • Paps 9 p ~d • O a c,• w Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure c the program established by Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure. Approval by the city Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, su,h plans and specifications shall be deemed approved. Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said ccntrac'.= shall be conclusive upon all parties for all purposes of this agreement. A. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS: Lessee is hereby authorized to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII.A., above. rh C. OWNERSHIP OF IMgROVEMENTS: All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions: 1. Removal of Building@. No building or permanent fixture may be removed from the premises. 2. Assumption. All buildings and improvements of whatever ~ e nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. Selvldge Leese Agreement - Pogo 10 Wj e Q O 3, Building •irp, It is agreed that the life of the building to be constructed by Lessee on the property herein leased is thirty (30) years. 4. cancellation, Should this leave be cancelled for any reason before the end of the thirty (30) year expected building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one thirtieth (1/30) of the undepreci.ated value of such building for each year remaining on the agreed life of such building. The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. IX• CATION QZ 110RTGAM Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, struc- ture, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to ex,.aed the term of the mortgage with Lessee, or until the loan is paic, in full, whichever comes first, but in no event longer than the term of this lease. It is expressly under- stood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee. X. RIGHT dB AnK nrn Lessor shall have the right to establish easements, at no cost upon .S underground utithe leased services rtol,dfrom corfacross the air ortpproierty or for the construction of public facilities on the Ai port, property H ow- ever, any such easements shall not interfere with Lessee's use of eased inallcond itpremises and Lessor the upon the installation lofeany utility services on,rin, over or under any such easement or the conclusion of such construc- tion. construction in or at the easement shall be completed within a reasonable time. XI. Alva KHNT qa kuu 6 Lessee expressly covenants that it will not assign this lease, A 0 convey more than ten percent. (106) of the interest in his business, through the sale of atock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the Selvidge Lease Agreesw t • Pepe 11 - a j • ~ ~.SZ1 /J.°,0& except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreason- ably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. s, l YII. INSURANCE A. REQUIRED INSURANCE: Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverage: 1. Comprehensive general liability covering the leased premis- es, the Lessee or its company, its personnel, and its operations on the airport. 2. Aircraft liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage: one Million Dollars ($1,000,000) combined single limits on a per occurrence basis. • 5. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. p 7. The Lessor shall be provided with a copy of all such • policies and renewal certificates. 1 During the term of this lease, Lessor herein reserves tte right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any Selvldpe Least Apreenwnt • Pepe 12 a s ca r) such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insur- ance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such avant, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as bpecified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. X111. CANCELLATION By LZBOO In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee. In the event of default, Lessor has the right to purchase any or all ;structures on the leased premises under the provisions of Section VIII Paragraph C.4. (Cancellation) hereof. ® XIV. CANCELkU1011 BY Leases Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent juris- diction of a permanent injunction in any way preventing or restrain- Selvidpe law Agre~t " Peg* 13 ~/11 ~I I{ • c.~ ing the use of said airport or any part thereof for airport pur- poses; (2) the breach by Lessor of any of the covenants or agree- ments contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regula- tion of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. Xv. NISCELL"ZOUS pROq 8I IONI A. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change of modification hereof shall be in writing signed by both parties. B. BINDING EFFECT. All covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. SEVERABILITY. If a provision hereof shall be finally declared void or illegal by any court or administrative agency hav- ing jurisdiction, the entire Agreement shall not be void; but the • remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 0. NOTICE. Any notice given by one party to the other in connection with this agreement sh ill be in writing and shall be sent by registered mail, return recr ipt requested, with postage and registration fees prepaid as fc,lows; • 1. If to Lessor, addressed tot • • City Manager City of Denton Denton, Texas 76201 J 1 SoWdge Luse Agro ient - Page 14 • 0 • • 2. If to Lessee, addressed to: Mr. John Selvidge Route 1, Box 330 Sanger, Texas 76266 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt, E. H DINGS. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. GOVERNING LAW. This Agreement is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written, CITY OF DENTON, TEXAS, LESSOR BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS y APPROVED AS TO LEGAL FORMI MICHAEL A. BUCEK, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS • JOHN K. SELVIDGE, LESSEE 8410d" Lost* A4r~t • Ps" 15 1 • 0 • THE STATE OF TEXAS ~Oc6'20 COUNTY OF DENTON S is instrument was acknowledged before me on the 4R!?~ day of 1995 by John K. Selvidge. N Y PUBLIC, STA OF TEXAS My Commission Expired r SCI" I$ 'IW 41 xnW WC. $WE OFT" '+r a yi Cam! bON WrcA a1. W • VaIvIdg# Uut Agr"wt Np 16 • • 5jk ~ i. • • • ExHIBIT A. 4 ` t O~ «H....«.„ k PROPOSED EXISTING ?ROPER'r( PROPEKY LINE x\ PAYED DRIVE 26~ 805 SQ'L' ~a • FT-. SEWER REMAIN I NG 1 \ fi,, •~i, NOTL1 lV l~ ti f j RA T C • TOlY SURVEY A i28S To ~ • • Q r FIELD NOTES TO 0 . 615 ACRE TRACT ALL that certain lot, tract, or parcel of land situated in the T. Toby Survey A-1285, Denton County, Texas, being part of that certain 2.196 acre tract of land described in a lease agreement between Brown & Brown, a partnership, and the City of Denton, Texas as shown on a plat showing 2.196 acres and signed by Jerald D. Yenson, R., r.,,S. No. 4561 dated September 6, 1994, Job No. 946269, and being a tract as calculated and compiled from the above referenced plat by Joy C, Green, R.P.L,S. No. 1797 on January 31, 1995 and being more particularly described as follows: BEGINNING at the southwest corner of Tract C as shown on the above referenced plat; THENCE north 00 01' 22" east a distance of 148.31 feet to a point for corner; THENCE north 890 21' 1011 west a distance of 17.15 feet to a point for corner; THENCE north a distance of 11.3 feet to a point for corner; THENCE east a distance of 145,18 feet to a point for corner; THENCE south 25O 38' 44" east a distance of 177.27 feet to a point for corner; THENCE west a distance of 204.82 feet to the Point of Beginning and containing 0.615 acres of land, • 'A Rd - ! 1995 , AEE004CB CITY OF DENTON LEGAL DEPT. LD - ~ ....e~....w..-r..~.., _ ~ (ir r,f 1 ~ u~~4~~; r~.,`~~~ ~ f ~F .S • • C ~ Airport Advisory Minutes January 25, 1995 L1 Page 6 Mr. Johnson said the hangar will be at least 100' X 120' and a minimum of one acre on the side. George Gilkeson asked Mr. Johnson if he were interested in a sliding scale to establish the lease payments. Mr. Johnson said he would need to think about it. Terry Garland asked if Mr. Johnson would be interested in attending the next board meeting to update the Board on any } new developments or decisions he had made. Rick Svehla said he would first like the Board to discuss what Mr. Johnson had brought before them and then disouse what they would like to do in the future during Executivs Session. Mr. Johnson and Mr. Gibson thanked the Board for their time and dismissed themselves, II. CONSIDER TH8 MIDMES George Gilkeson asked the Board if they had any objections to the Minutes of October 26, 1995. Minutes were accepted with changes to follow. For -S. Against 0. Iii. CONTINUED PUBLIC SESSION George Gilkeson asked John selvidge to address the Board. John Selvidge addressed the Board concerning the leased property of Bruce Brown, an airport tenant. He said he would like to assume Mr. Brown's section of the lease pertaining to the vacant land Mr. Brown now holds. He stated he had concerns about the road and sewer system now in Mr. Brown's lease because there are currently four other tenants who also use those amenities, Mr. Selvidge also added he would like those stipulations removed from the lease. Don Smith asked the Board if it were true that the land is unusable as it now stands. George Gilkeson said Mr. Selvidge's statement is true. Mr. Thompson gave a copy of Mr. Brown's lease to the Board. Rick Svehla reminded the Board of the Airport Advisory Board meeting in August when Mr. Brown addressed the Board AAA02FSB O O Airport Advisory Minutes January 25, 1995 Page 7 concerning subdividing his leased property into three tracts so he could let other people assume some of his leases. At that time the Board approved Mr. Brown's request. Since that t'me Mr. Brown has divided the property and has begun the process of selling off the sections of the divided property, Mr, Selvidge has an agreement with Bruce Brown to assume his Tract C lease as it now stands. Mr. Svehla said Mr. Selvidge has now come before the Board to see if they will now approve to amend the lease Mr. Selvidge had agreed to assume. The revenue the city will loose if the Board approves Mr. Selvidge's offer will be aL.;)roximately $500.00, Mr. Svehla thought that in the long run the City will re-coop the money in their tax base due to the improvements. George Gilkeson said he felt Mr. Selvidge should have the lower rent since he is now willing to improve the land which to this point had been undeveloped. Terry Garland stated that he felt Mr. Selvidge is the type of tenant the City of Denton neads to have on the airport. George Gilkeson asked the Board if any one would like to make a motion towards Mr. selvidge's offer. Don Smith made a motion to delete the roadway, sewer, and five feet from Mr. Brown's lease so that Mr. Selvidge will then assume the lease with those changes and Mr, Smith also recommends that the City council accept those changes and the assumption of Mr. Brown's lease with the above changes attached, James Jamieson seconded the motion to accept Mr. Selvidge's offer. The Board voted to accept Mr. Solvidge's offer. For 5• 1 Against o. o Rick Woolfolk recommended that the Board begin the process of acquiring the land north of the airport. i George Gilkeson asked if this issue would have to go before council or could the Board begin the process on their own. Rick Woolfolk said that the Board edd need to receive the b Council's approval and that they almo needed to acquire an r engineering service. AAAUF6a y 0 0 • ca - MCOUNCI c • ~ C4~y Fir i t • .Y tow t ♦ 0~0 • ri • { • e • WsTaon.FtS ,o40*Nfl~~~0 AgbetlNrtt - 44C gate- -~5~ 1 d~ 1 RESOLUTION NO. _ A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF APRIL 4, 1995 TO APRIL 11, 1995; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the City of Denton scheduled for April 4, 1995 is hereby postponed to April 11, 1995; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I That the regular Council meeting to be held on April 4, 1995 be postponed until April 11, 1995, SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: v G c'~i c, a ' rte.' .....~1r- },HY ♦ r..... ~ WC I T Y E4t,r.._... FF COUNCIL" .f+ 4441f. -r .1i r _ fl ~ 1. 17.E 4.....- t• N ' #ZJ 1 fo q 1 4 e 63 •Aro■ t~ o • • Agenda l DA March 71 1996 CITY COUNCIL REPORT 12 T0; Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: APPOINTMENT OF JUVENILE CRIME INTERAGENCY COALITION MEMBERS RECOMMENDATION: Staff recommends that the City Council continue the process of appointing Juvenile Crime Interagency Coalition members. SUMMA: During February 1996, the City Council approved two separate motions which added the individuals identified in the attachment to the Juvenile Crime Interagency Coalition. In addition, the City Council also appointed Council Member Margaret Smith as the Chairperson of the Coalition. We are still waiting for a few organizations to supply us with the name of their representatives (i.e., Denton Chamber of Commerce, Concerned Parents Organization, LULAC, and one DISD student body member). Of the five remaining members to be appointed to the Coalition, the City Council will have to select one directly. The individual will be an at-large representative. It is our intent to continue to place this item on your agenda until all the Coalition members are approved. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Municipal Judge, Legal Department, Police Department and the Municipal Court Clerk's office will be affected by the activities of the Juvenile Crime Interagency Coalition. These areas will have representatives serving on the Coalition and they will be impacted by its recommendations. FISCAL IMPACT: NONE Respectfully submitted: Lloyd V. Harrell e City Manager Prepared by: i Halan L Jelle, on, Dl~f C.) i a AMOIJE i w JUVENILE CRIME INTERAGENCY COALI f01 , , Agenoy/faeptlpratgi Rtrp►Meetttrtth ll#y~r',,u11. (iliP?ag DiSD's PTA Lucille Chapman Denton Chamber of Commerce Local Civic Group Margaret Smith" Denton County Darlene Whitten DISD Larry Mankoff Municipal Judge's Office Sandra White Finance Department Harlan Jefferson Legal Department Stephanie Berry Police Department Lloyd Burns Community-Based Organization Elizabeth Garrett Concerned Parents Organization NAACP Carl Williams LULAC Denton County Juvenille Probation Department Peggy Fox Denton County Bar Association John Holland DISD Student Body Ryan High School Nick Manottl Denton West High School Eric HIII Robert Ware Calhoun Middle School Cameron Norris Strickland Middle School Matthew Imrle Michael Vunce Fred Moore Learning Center Mandy Gloria At-Large Representatives 1 Blydell Carstarphen Charlie Cole, Jr. 1 A •cr~,,rb„~, , ArlOOC70 ` • 02176'95 e u r r NTON r FIBER OPTIC NETWORK Denton ISD Retail EDUCATION BUSINESS J f voicE { { f cit r 00-1^ cJr~ "The world's in your own backyard" • w • TABLE OF CONTENTS i FIBER OPTICS SYSTEM BUSINESS PLAN (4 pages) a • Financing Issues • Rate Policies • Operations Policies • Potential Customers FIBER OPTICS SYSTEM FINANCIAL PLAN (4 pages) • Introduction • Fund Structure and Major Issues ' System Acquisition • Telecommunication Fund Policy • Revenue and Expense Budget Issues • Conclusion FIBER OPTIC RATES (1 page) • Locations and Monthly Revenue ■ FIBER OPTICS SYSTEM PROFORMA (14 pages) • ■ Capital Proforma ■ Capital Expenditure Budget • Operating Proforma • Operating Expenditure Budget • Revenue Budget • a i s • FIBER OPTICS SYSTEM BUSINESS PLAN f FINANCING ISSUES 1 • FUND STRUCTURE - Enterprise Fund, self-supporting. • PURCHASE SYSTEM FROM ORIGINAL INVESTORS General Government and Electric • • FINANCIAL POLICIES - Loan from Electric Utility i ® , a • 1 1 r r. r a► r ' 1 FIBER OPTICS SYSTEM BUSINESS PLAN RATE POLICIES • Services limited to Private Carrier, r Non-Dominant status. 1 • Tariffs set at a discount to the Local ii Exchange Carrier's tariffed rates. f • Educational & Governmental Discount, Rider Educational- 35% discount for DISD only. Governmental- 25W discount:UNT, TWU, COD, and Denton County. • • Contract clause granting access for -potential Electric Utility remote meter reading and DSM services I wr«. .ILL Y: 'iYr• 1_ • w FIBER OPTICS SYSTEM BUSINESS PLAN OPERATION'S POLICIES p 0 Staffing-Fiber Optics Technical Supervisor -contract with the Electric Utility for: -65t of the Special Projects coordinator -225 Man-hrs. Communications Div, maintenance support -5,90..^, Man-hrs Communications/Substations/ Distribution capital construction assistance. 0 Additional staff may be necessary. Supplemental packages will address staffing on an as needed basis. • The Central office site is proposed for a portion of the Central Fire Station Facility • due to its proximity to the Local Exchange ' • • Carrier, - _ _ _.m.. • I FIBER OPTICS SYSTEM BUSINESS PLAN POTENTIAL CUSTOMERS r • Educational Community - University of North Texas ! Texas Women's University Denton Independent School District City Library System e Governmental Agencies - Denton County - data connection a]1 facilities. Denton Electric-remote meter reading and DSM. • Private Sector Business - One private sector telecommunications cr npany has a definitive interest. Several other private telecommunications companies have expressed an interest. e Fiber Optic Central Office Space Rental r Proximity to the GTE Central Office attractive to Long Distance Carriers. • ca CITY OF DEiTON FIBER OPTICS SYSTEM FINANCIAL PLAN Introduction The City of Denton has invested funds since 1990 in the construction and operation of a Fiber Optics System. In 1992, the Electric Utility began investigating the possibility of making Fiber Optic services available from excess plant. Research produced F:trong indications that these services could positively impact the City's econom~o development. in 1990, the City bega-, constructing Fiber Optics to connect the Service Center, City ']all, and Spencer Power Plant to enhance voice communications and data transmission capabilities, The Electric utility s-.ibsequently, chose to employ this same Fiber Optic technology towards improving data communications between all the City's substations. Fit-er Optic cable transmits data through the use of light instead of electricity and therefore is impervious to electric, surges. This translates to a highly reliable electric distriblttion system, the primary goal of our Electric Utility. the Fiber Optics System to be constructed for the substation loop will surround a large portion of the City and have substantial excess capacity. The potential uses for this excess fiber have such significance that the City staff has investigated the possibility of offering the capabilities of this excess fiber outside the City organization. This Fiber Optics System can benefit both the education and business communities through high speed data transmission and video transmission services for shared learning and video conferencing. This technology lends itself to many disciplines including the medical community. A system of this sort, offering services often found in only larger cities, may be one of Denton's strongest economic development tools for attracting the kinds of businesses interested in quality education and communication techniques. • O The City has the ability to bring these cervices to our education community more economically than the private sector for a number of reasons. The primary reason being that the City's system must be it built to service the Electric Utility needs and additional costs for community users will be on the margin above this primary investment. Private sector Fiber Optics companies may not see Denton as a large enough rriarket to support an investment. If a 6 private provider were to invest here, they would be in Denton to • recoup 100% of their costs and see a return on investment. • c~ t This Business Plan proposes the City establish a Fiber optics activity whose services are rated such that the educational community can participate in technologies and programs which it would otherwise find cost prohibitive. These services will also benefit existing Denton businesses and aid in the City's efforts at business retention and development by offering technologies not previously available at reasonable rates. On January 17, 1995, the City Council directed staff to prepare a cash-based proforma (see pp. 1-14 of attachment) of the proposed Fiber Optics System. The following is a discussion of assumptions and methodology supporting the scenario and its proforma. Fund Structure and Major Issues The City of Denton Fiber Optics System will be an Enterp°ise Fund fully responsible for expenses, and supported by revenues, related to the services provided by that Fund. The first measures to be resolved in the creation of this Fund are: • Review of tht following start-up scenario: Purchase existing plant from all original investors for sums not to exceed the original investments, plus appropriate debt service, minus depreciation. General Government will receive a credit from the Fiber Optics Fund for its first year's services (FY 95/96) and payment to the General Government from the Fiber Optics Fund for the purchase of assets will be delayed until such time that service revenue from the General Fund was established. All City departments will pay for Fiber Optics service fees (see attached Proforma, pp. 8-12). The projected financial policies will include special riders applicable to all proposed fiber optics rates. These riders will include a discounted rate of 35& to the Denton Independent School District for services to educational facilities, and a 25% discounted rate to General Government, i University of. North Texas, Texas Woman's University, and Denton County facilities to encourage development of information-age educational facilities within Denton that will serve as a technical /economic incentive to attract business development. • 0 Develop Fund policies governing. tariff building (rate structure), service territory, contract conditions, operational issues, etc. • Approve Revenue and Expense budgets which address the anticipated level of anticipated Capital and Operating • activity and which accommodate a margin of growth. • • Solicit a loan, from the Electric Fund, for first year Capital and Operating expenses related to construction and operation of the Fiber Optics System. lP" 0 • V ' 1 I • 0 ■ ■ System Acquisitions ■ P. The Fiber optics System will purchase. the existing Fiber Optics plant for a sum not to exceed the original investment. In addition to this initial investment, appropriate debt service will be recovered, minus depreciation. Telecommunication Fund Policy Tariff Building (rate making)s Services provided by the Fiber Optics Fund will be limited, initially, to those services constituting Private Carrier, Non- Dominant status. Tariffs will be designed on the same basis as the Local Exchange Carrier (LEC) and discounted where appropriate to establish a competitive basis for attaining market share. Discounts will not exceed twenty percent (20$) and services will not be provided if they are not financially viable according to the approved methodology. Contract Conditions: Customer contracts will include a clause which provides COD access for remote meter reading and other activities such as public safety alarm system service. Operational Issues: Customer support and emergency support will be provided through contract services from the Substations, Distribution, and Communications divisions of the Electric Utility. Revenue and Expense Budget Issues Capital Budgets Staff has received input from prospective Fier Optics companies indicating potential customer sites in txceae of 50 for the first IS r,onths of operation. The capital outlay required to accommodate this, level of customer growth, and in turn physical plant growth r an' system development, would be approximately $1,75 million over the first two years. This figure includes materials, labor, equipment, and renovations to a central office facility. Revenues, based on projections, will be sufficient to cover debt service on capital expenditures. A Capital Loan from the Electric Utility will fund this construction. The loan will come from Electric Utility Current Revenues, the amount wM be approximately $1.75 • • • million for the first two years and the term will be 20 years at 6% paid annually. • Q • Operating= The Fiber Optics System will require one full-time employee and a contract for services of 65W of the Special Projects Coordinator's services from the Electric Utility. Significant contract services expense is budgeted for servicing the anticipated first year customer sites. These services will be provided by the Communications, Distribution and Substations crews of the Electric Utility. This contract work will result. in contract revenue to the Electric Utility to offset the labor expense. Training expense will be necessary for the Fiber Optics management team in order to become competitive in the intensely dynamic Fiber Optics industry, A central location is required immediately for the Fiber Optics operation. This central location will be a revenue center and serve as headquarters for the operation. The Electric Utility Communications Division will also occupy this facility and therefore will share in its acquisition and renovation expenses. Staff recommends the Central Fire Station as the most viable location for the Fiber Optics Central Office. Its proximity to GTE makes this location exceptional for virtual co-location activities and will attract long distance carriers and other third party Fiber Optics providers to our system. Currently, the Central. Fire Station is underutilized and therefore makes the shared use of this facility possible. Fiber Optics activities will occupy only the south portion of the facility. Fire Department activities will continue in the Captain's quarters and the kitchen within the south portion of the facility, and two equipment bays and other fire operations within the north portion of the facility. Revenues will not be sufficient to cover operating expenditures, based on projections, until the second full year of operation. conclusions All policies and procedures recommended here are subject to review and approval. The financial estimates for expenditures and • revenues are based on assumptions which are outlined in the attached documentation. • • i FIBER OPTIC RATES I I 2 T2 package $464/month Transparent Network Transport/Ethernet $600/month r Governmental Discount (25%) $348/morith I University of North Texas City of Denton Denton County Public School Discount (35k) $300/month Denton Independent School District LOCATIONS AND MONTHLY REVENUE • University of North Texas (1 .location, $348/month Texas Women's University (1 location) $348/month City of Denton (10 locations) $3,480/month • Denton County (several Ti and Ethernet locations) DISD (potential 20 locations) I , • • • D3l0295 1',l1+IHl7BIPROP4. W Kl 4 I 10:49.07 AM M BE R OP71 CS SY STEM CAPITAL. PROPORMA HIIUURT HSTIMA'I71 MUDOHT PROPOSED PROPOSED PROPOSED RI l VH N I113S 1993 1995 1996 1117 1995 1909 1'unller from Bleclrk Pond 0 0 1,750,000 0 0 0 the of Pond Balscce 0 563,490 1'rsarfel from Operaliag Revenues 100,000 'fO'LAI. RHVHNIIRS 0 0 1,75UA00 663,490 0 0 CAPI'I'A1. HXPRNDI'l l)RHS Plaed Assela 0 624,160 1,186,520 655,472 0 0 TOTAL CAPITAL IWANSH U 024,160 IJA6,520 655,472 0 0 NH'1' GAIN (LOSS) 0 (624,760) 563,450 S,BOE 0 0 t P I1 NI) 615 MEN OPTICS SYSTEM AOHNCY 101 OROANIZA710N 1071 • CAPITAL. RXPRNDITIIRH HIMOET flbJtcl HUDOUT HSTIMAT75 PROPOSPO PROPOSED PROPOSED PROPOSED j Dercdptlu■ 1993 1905 1995 1017 1095 1900 t I 9101 Building • Hqulpmenl 0 60,OD0 45,000 0 0 0 r • 93XX Labor 0 100,920 201.840 121,104 0 0 93XX Snpplks 0 COW 12,001 7,200 0 0 93XX Mole lalr 0 457,240 927,680 $27,16E 0 0 '1'eleconnuainlloes 0 624,160 1.196,520 653,412 0 0 Piaui d Egalpneol '1'0'I'Ai. P MINIM I'l1RH Rl1f3OET 0 624,160 1,166,520 633,472 0 0 ....~w.~1.r... r • ~wr•..yl.lyLraYtY i•A'tlr~•,. ~ I. • 1 it I ~ `r I I ,i~ • • , • 03102N.1 1:T I E 1.' RMR OI'4. W K? 10,4997 AM 1111FIRR OPTICS SYSTEM OPERATING PROPORMA FU1.1. P.l(VBNU11 DISTRIBUTION BUDOBT ES'T'IMATE BUDGET PROPOSED PROPOSED PROPOSED REVENUES 1995 1995 1996 1997 1996 1999 'I'1 Scrvicc I1 81'00 230,194 423,730 423,730 423,130 Ethernet/ltn RB 0 53,820 80,820 136,420 156,420 156,420 t ATM (I 0 0 0 0 0 PDDI 0 Il 0 0 0 0 Co-toution Service 0 0 12,000 30,OW 30,000 30,DW Asynchronous RS232 0 11,486 11,486 11,486 I1,Q 11,486 Tower Lease 0 300 7,200 7,200 7,200 1,200 Initial Credit in Gencral Pao( 0 (31,907) (37,301) Ute of Fund Balance 0 0 C 0 0 0 'I'OFAL REVENUES 0 117,999 304,393 626,536 625,636 628,036 i EXPENDITURES ' f.abor 0 85,432 102,572 114,990 120,643 126,576 I Supplies 0 313 1,842 1,862 1,662 1,662 Maintenance 0 250 1,200 11250 1,256 I'm S6rVICe1 0 22,532 46,603 46,603 26,603 26,603 Insurance 0 0 500 500 100 500 Sundry 152,717 165,205 • OPHRA11NO EXPENSES 0 108,559 TOTAL 150,858 156,791 NON-OPERA'11NO EXPENSES Plscd Assels 0 2,600 1,170 0 0 0 PaymenlatTrantfers to Otbars O 0 202,609 316,907 216,907 216,907 Administrative Trensfeu 0 0 0 30,000 30,000 MOOD ROl 0 0 0 54,896 106,316 120,433 1 'O'1'At, NON- OPERA'I1NO EXPENSE 0 2,600 203,779 401,803 353,i24 367,339 TOTAL EXPENDITURES 0 111,159 356,496 567,006 504,082 524,130 NIIT CAIN (LOSS) 0 6,840 (52,103) 61,828 124,754 104,705 ' Vahor includes conlincl labor from manpower account 8324. 1 n i A A 1 1 1 ~ ■ t I! ■ ~ il.~ IR ~ !1~ i1A ~ tllrl • w • r R , 0302,95 Ia'I HIIRV'R [7 PGWK3 16.49,07 AM PONT) 615 TIBER OPTICS SYSTNM AOFNCY 107 OROANI7_ATION 1071 I' OPERA"NO 23XPRNOPPURR BUDOM' Object HUDUPT HSTIMATTS PROPOSED PROPOSED PROPOSM) PROPOSED Oeccrile loo 1995 1995 1416 1997 1996 1999 6023 1echalcai Sa Is 17 0 36,379 0 0 0 0 RUN Profenlonel Salary 0 27,664 0 0 0 0 6025 Maaatesont 0 0 40,196 11206 44.318 46.536 $026 Temporary 0 9,537 0 6,612 7.1.93 7,510 6061 Overllme 0 0 0 0 0 0 S 8051 Lontevily 0 0 392 440 466 556 6061 PICA 0 5,716 3.105 3,161 3,970 4.169 6062 '11d RS 0 3.202 3.091 3,246 3,406 31576 6064 Workers Coop 0 300 296 361 379 396 6065 71ea11h ins 0 2.446 2,445 2,446 2.445 2,446 6068 Life Ins 0 126 137 M 151 159 6090 Salary Ad} 0 0 0 0 0 0 6095 Salary Soviets 0 0 0 0 0 0 6099 Caplisliaed labor 0 0 0 0 0 0 Peraoeal Serrlua 0 15,412 49,665 59,437 62,513 65,330 6101 Office Supplies 0 200 300 300 300 300 6102 Hooks R Matazlees 0 100 250 250 250 250 6103 Small Tools 0 0 0 0 0 0 6104 Coe 0 0 460 460 460 460 • 6109 Poalate 0 0 320 320 320 320 6110 Fleltbt 0 0 432 432 432 432 6113 Computer Forms 0 0 30 30 30 30 6115 Film 0 25 30 30 50 50 6116 Other 0 0 0 0 0 0 6117 Mechs eia l - Hlecldnl 0 0 0 0 0 0 6121 Protective Clolklet 0 0 0 0 0 0 • 541PFlies 0 325 1,142 1,662 1,662 1,162 • 8301 Hulld ley! Hquip 250 250 250 1(0 250 M 6342 VChIcle 0 0 600 600 600 600 6343 1' •hlaeny ! heivipmeol 0 0 140 300 300 300 6344 Radlo Fqulp 0 U 100 100 100 100 6345 (/they 0 0 0 0 0 0 63XX Mslnlensoce 250 250 1,200 1,250 1,250 1,250 R 1 1 f t M B i A.'.! 1k: K,4 It se 1m MI M"M M , wig • WAN/" 1: IFIHFRIPROF4.WK3 10:49107 A81 Object DUUOAT ES31MAIM PROPOSED PROPOSED PROPOSED PROPOSED Description HOW, 1995 - 1996 1997- ---199x1- 1999 8500 Phone ----`_-0 200 -------4(10 400 400 400 8501 Phone Long Distance I) 200 LOW 1,000 LOW 1100 j 8502 Special Services fl 17,500 30,000 30,000 10,00 10100 8503 Travel 0 0 S,OW S,OW 5.000 5,000 1 8504 AdveWstna 0 1.000 1,00 1,000 11000 1,00 8505 Dues l Publications 0 0 .500 SW 500 500 8509 ]lire of Dqulpmeal 0 1,20 1,80 IAW 1,8W 1,800 8522 7'141oin8 U 0 2,000 2,00 2,OW 2,000 8524 Manpower 0 0 52,907 55,552 58,330 61,246 5525 UkciricService 0 7,10 11500 1.500 1,.50 11500 8526 Waler/Waslewater 0 200 4W 400 4610 40 8527 Gas 0 180 360 360 360 360 8528 Sanitation 0 75 150 I50 150 150 8518 Rant ofRulldina 0 1,247 2,493 2,493 2,493 2,493 . serviccs 0 22,552 99510 102,135 $4,933 97,849 8602 Admin'Transfer 0 0 0 30,000 30,000 30,00 , 1 8604 ROI 0 0 0 54,8% 106,318 120,433 1 8618 Electric "an Payment 0 0 1U1573 152,573 132,173 152,573 't'ransfer to Capital Fund 100,000 • 86XX 't'ransfer OO plant punch 0 0 0 14,298 14,298 14,298 R6XX Trandar Ilkclric plant punch 0 0 50,036 50,036 30,036 50,036 0 0 202,609 401,803 353,224 367,339 BRKX Insurance 0 0 5m 5W .100 5W • Insurance 0 d S00 500 300 500 9104 Vehicles 0 f 1,170 0 0 0 9110 Radii 0 2,600 0 0 0 0 Assets 0 .__.._2,600- 1,170 0 0 0 I 'I'OTA1. EXPFiNDITURR HUDOIN, 250 111,159 356,496 567,008 504,082 524,130 !f i 1 1 1 1 1 1 1 l" 1 1? 1 a S K 10 VA It A 11:11 IL `A - w r ,.._...r- .nr-~r••a r-y •AG-.4P ~fnntFa1"1.:(6..`_.79.. ( 't4 01.0195 I dJT R ER 1PROP1, R143 10491) AM AIRY MIN 1110DOFM 51 - KMKATK PROPM5ID PMOMVJ) rIROMIRD PAOPMII ) Ilan lptba IM3 Low 1997 IMd 1919 77~ 7] Cpl of lkebe TNepkom MNM t ('iy 2001 to Sp,sat 116.00 116,00 116.00 116,00 116,00 Sp,e,w to Ciry Kell 116.(10 ]Low 116.00 111,00 116.00 CIIy IWI 1015""m :eaW 116.00 11600 116.00 416,00 116.W . t Ow Cea W b Ciy Boat 11600 116,00 116.00 116,00 116.00 CIy Mal to DYC 67.00 117.00 600 67.00 61100 DYC WCI I7Wt 6100 67.00 67,00 61,00 film City IId1 la teas C4eek wulwrlw Meal 116.00 116,00 116.00 17600 11600 Peas (leek walma W Meet W City Kdl 116.[0 116.00 116.00 116.00 11600 - - ri -10 acak SIMta 100,0 Cosmukalbu Swakta (d W aer b b W bm TI ) A,d,e- Mtdrkl City Kd1 b 6peatm (DeeW, wmt) 366 SY 566 566 766 Atllta-19eer k7 CIIl 1100 W 3p.. ([)MI 19%) in 166 518 me role.tad-(1996)-Spa,ew W Lonet 36e in 566 1Y Po1sa1W-(t9f6)..Spw b Klekwl 566 566 366 566 PntaalW _(1996)_-6pmm to Nwlk Wa '.Y 566 in in 7otealW-(5996)-Spe,ml to llLp Mar 3611 366 in 566 PM-91 W-(1991)-Sp, aaa WAlp, I 366 366 381 rule O1W-(1991)-Spaaew w PaAtw 5811 1M 366 PolealW -(I"I) „r to Mm 111 316 366 Il PaMk Sabry C'oreasiot4ou bAem fhdbted Phil 3,11,797 - DYC W Speaar (kammpW dt$) 23210 253.07 MOO 237.00 217,00 I> d"I.d PNI, Safay2 - UYC W SwrSte <'a01w (Hamm „Yde) 212,00 257.110 1$2,00 IWO 231,00 17 Tdeo QoaplsearpwatM (T(A) 10tatbamt lilar)t►ill 0r`eiwe aaeA a, 67 a,ealk to.rm6(SaW) 1,610 15.920 27.600 27,640 27.1110 01 uKr- 21] Pkk at 23% dltee,al 146 316 3N 318 1w11--211 pike 0125%dismnl 149 3a 318 516 INSD IoolW01 - 2T 966,133%dbmY1 m 1117 )01 $01 JNSUImIIe,J-211 pk30135%Yemmal m in 302 502 IN 9D Ioatba 3 - 311 pkR,1 )!%diomml 207 301 262 302 AdditWW ll W I - 217 pea at 25% dllmaat 316 1" 1116 Addllk"(/v912-3To peek at 25%dpm,91 318 311 311 Addi tMraal Ugt3 - 111 pkk at 23%dYee,ut Jf6 !W 1N , 119.1111 pldll 93,511 NL3:1 'f'UKHN LIN(L I6 Yep (fR0. YelakuecwaweMry) ~ (60 moalk mebM) IlM6--mdlLpniel 1!4 111 151 1)I 731 Uk(C w Cl miti-ll-polM 600 ON 600 600 600 ry!W I- -maddpolo( 1115.31 113.)1 113.71 I MIL 113.11 berelw Ceetu .mold-point )I8 It6 716 716 lie 1 1 1 1 1 i 1 1 i ! / / / IN IF A R v WIN 1!'£ wa i 4 1' {i)r t P I •I'f 1 V 111 -r. R~~).6 t , qX.' s. • • • . 'r _i r...,. e::C; ...ew. v rnpa.l t.e.y.rv uEq r~q~Nrrt,l,:.'4`~NIIhYIt~VJ, tP,r.?~;rY dt'Jrv. WWII I:V I H I?HU'H ONI, W K J 10,4907 AM v Object MI1JATE ROPOSHOPROPOSED PROPOSED PROPOSED `r Description 111,115 1996 1N7 too$ 1999 ADMINIS'1RATIVH SURVICHS IAN: (Pthemet) Trsoueiver commectlon City Hall-Library 221,00 225.00 227,00 221.00 215.00 City ]hll-Hrld fed Servlee to ndll-polat 117.31 111,31 115.11 115.31 115.71 DMC-Hridfed Service to■ahl-,polar 131 Ill 171 t.1I7KARY ('OAiPU'17?It SYS'17!M: (F!thcrncl) r Emily Power I.Ibrary-City limit Fiber I. isk'rraaceiver Service 225.00 215,00 215.00 227.00 221.00 IJily limit Hrld fe Coeaeetion to matt)-polat ILI,31 115,71 115.31 IIS 31 IM.31 It reach Library Con act lion to welt t po is1 450 00 450 130 .5 1991 uadelerwiocd maaeclios to l1 Nl' Li6nry 450 170 150 1995-'aadelemined ethernet connection lol'WU 1.I1fnry 00 430 400 Utility IAN: (Fthernet) (lily Hall - Hridled Service ■eltipolet 117.11 117.31 117.31 115.31 113.11 11Inaeco- I conmeclion Accommlia6-I coaeection Utility AdwinistraNom-. I.e fa 1 UMC-.Hridfed Service co rth L-palm lit 171 171 171 US Jmdle's Office Service Cealel- HIN fed Service to waltt-polat 216 216 2t6 1111 216 We Der Wastews ter Electric Solid Waste Spencer-Hrid fed Servke to wall--point 600 6W 600 600 600 Water Prodoelion- HrldfeJ Service to ■a1tl--pate) 600 600 600 6W 600 Peon Creek Wutewaler Trealweal Pfanl-Htldfed Service la waltl-polar 30 313 365 34,4 343 • • Iwndfill to Water'rre&twenl--1'necel"r Service 300 300 300 lip 300 (ICn6e to %ervke-'rmu.civer Service 300 300 300 me y~ Projected Cwtowers for Takta NIeflHlhereet, Customer I (fah) (1996) five locatloss (25%JHeeaat) 1,125 2,2.00 2,250 050 Cuslomer 2(Sovt) (1996) at three locations (25%dlrcoanl) 675 I.M 1,750 1,750 Carlomer 3 (non -fowl) (1997) three locations 1,1100 1,100 1,600 Customer 4 (woe - fort) (1997) three lees Ilona I,100 1.900 1,100 !11,07.41 112.033 1 1 1 1 1 I . i 6 A [ f \ I! . ! Ir a, a• ■l am an • -~,j ~ .t`' e.~1.~1'~'rl..,l..`It 53 `tit llioty r!`i,'t`,: • v r • r . .~r ......,.r ..M1: ...:...r. ..~..r •.r Y C. t.. b.♦ 11xrI ti: Y.y~CI,H 1 (13102/95 I:1FI BI!RkPR01-4.1VK3 10.49: D7 AM Object HIT" MATH ROPOSED PROPOSED PROPOSED PROPOSED MISC. DATA COMM Descriptive UNICAI70NS 1995 19% 1997 1998 1999 _ _ - - - . Asyacbrnnom R5232-SCADA • Radio Syslea-Sere Center 218 218 218 218 218 ISS - Syachronouq Y.35 - DMCI to City Hall 131 131 131 131 131 ISS - Synchronous V.35 - I)MC2 to City Hall 131 131 UI 131 131 ISS - Synchronous V35 - DMC;) to Cityllall 131 131 131 131 131 ISS - Synchronous V.35 - DMC to City Edll 115.31 113.31 1173! 113.31 113.31 ISS - 3yachronous V.35 - DM'; to City 11412 11,1311 11531 115.31 115.31 115.31 ISS - Synchronous V.33 - DMC to City Ea113 113.31 115.31 115,31 115.31 115.31 Moalk Total 937 937 937 937 937 - [AIA R13V3iNUEAyI1VU----.ALRIDTA-I_ )~tir106 321500 391,636 191AM 591AM T1 Set v 116 equals 80% (1.EC @ 145/moatk/ead) - - Md"ted'i'I 388 (nddltloaal cat over 232 (s 1561,0061h over 20 years) etyliliernet - finl snrviee 600 poial-lo-multi-polal rate second service 90 addilloul deta aervioas(poiet-lo-mtdll-polat, RS232, V35, *to. ' Intaeeiver serv 3M.00P0161-10-polel offering usuisr I kilometer - 50%ol3dat-16-multi- ante - - - - - • i 1 ! 1 ! i A R.,~, N. a a g a M KB tv t • • O.IX)M l..1PIIfl R1PRDh4, WK3 5 1O A9:07 AM City of Denton Monthly Pee Allocation Table ES71MAT11 PROPOSED PROPOSED PROPOSED PROPOSED Ihrcription 1995 19% 1997 19" 1999 City Ita11: F'('1 Phone Service City Hall to UM(' 87,00 87.00 87.00 87.00 87.00 I'1'(Acn Ring (Mainframe) City I1a11--mulli --point 115.31 115.31 115.3; 11531 115.31 Htberne t'I'rancelver connection (Admin Serv fAN)Ctty Hall - IAbmry 11531 115,31 115.31 1)5.31 115.31 ' W hemcl (Admin Serv LAN) City IfalI-Bridged Service to multi-polot Io,31 11!_31 115 71 113.31 115.31 433 433 433 433 433 ('MOd'uhlic Info 62 62 62 62 62 i IM-Admin Services 62 62 62 62 62 ltgal 62 62 62 62 62 Finance 62 62 62 62 62 lludgct'Ac(ounling 62 62 62 62 62 Custoutcr Scrvicc 62 62 62 62 h2 Utilities 62 62 62 62 62 UMC: I Service UMC to Cily ItaR 87.00 87.00 87.00 87.00 87.00) 'I'ttnn Ring (Mainframe) UMC--multi-point IN 131 131 131 131 11thernet (Admin Scrv LAN) I)MC--Bridged Service to mmltl-pole[ 131 131 131 131 131 350 350 350 350 350 ISC 311 117 117 ill 117 I luman Rrsnc+res 117 tl7 117 Ill 177 I'olicc ...___.~.1-7. Ill_._..----117- 117--_-- 117 ' Library. lithoncl'I'rancciver connection(Admin Serv 1AN)IAbrary-City !tall 225 225 221 225 225 ll'I1I1!RNU't' 1.111RARY COMPUTHR SYS'171M: Emily Frnvicr Library--City Hall Fiber I.Ink 'DaeceNtr Service 225 22.5 225 221 225 City llali Bridge Conncction to multi--l"fil 111.31 11531 115.31 115.31 115.31 d Ilianch Lib,ary Connection to multi-point 0 450 450 430 450 1995 undalermincd connection to UN'I' Library 0 0 410 450 450 ' 1995-- undetermined etbcrnet comnccbsm to'IWU Library 0 0 450 430 450 u 563 1,011 1,915 1,915 1,915 I 1 • 0 • 03102(95I011I SRIPRO114.WIC3 10 .49.07 AM Description 1995 19% 1997 19" 1999 - `ISS Synchronous V.35 - DMCI to City Hail 131 131 131 131 131 ISS Synchronous V.35 - DM(`21n City IFall k31 131 131 131 IJl 1 INS - Synchronous V.35 - DMC3 to City Ilall 131 131 131 131 131 I 4+ISS - Synchronous V..15 -DMC Io City Half1 115.31 115.31 115.31 115.31 115.31 ISS - Synchronous V.35 DMC to City Ha112 ISS - Synchronous V35 DMC In Cily 110113 11531 115.31 I U.31 135 ,31 115.31 115.31 113.31 11£31 113,31 !15.31 740 740 740 740 Pecan Creek Walewaler Plant to City I1211(wasimater) 116.00 116.00 11600 116.00 116,00 'I'k Phone Service City "all to Pecan Creek WastMaler Phtol I IgOQ L14 116.QQ 11610 11600 +1!Ieclric: f Spencer In City Hall 'I'1 Phone Service City Flail to SPeaaer 116.00 116.00 116.00 116.00 156.00 11600 116.00 116,00 11600 116.00 I'I laecutc Substxllona Commuaiutions Services (dleleclric lalerfau 77 ) Active --Illectriclcity. (fail to Spencer (Dentom West) 388 388 388 388 388 Active--Hlwlrk2City !talll03peeeer(DN119%) 168 188 388 388 Mir Poten0al--(19%)-Spco"rtol,ocu&I 388 388 188 388 Potential-(19%)--spencer lollidory 388 388 388 388 `Polcnlt81-0 9%)-Speoccr Io NOrth IAke1 388 3" 388 Potential--(19%)--Spencer taRlags Rnrr 388 3 368 388 30 8 IPotenlial-(1997)-SpencartoAlrporl 388 368 388 J Pulentla3-(1997)-9peacer to Pockrus 388 388 JIM Potential-(1997)-Spencer toArco ~ 3" M8 Asynchronous RS232-SCADA A Radio Syslem-Serv Center 218 218 218 218 218 Dedrealed Public Sofetyl - DMC to Spencer (lransmltter site) w 386 388 :588 388 Uediated Public Narely2 - DMC to Service Center (remote console) W ?.$4 388 388 388 2,002_ 3,554____4_,7.18 _4,718 I 4 _7.1.8 '1't Service Center m ('sly Half 116.00 116.00 1)6.00 1 16.00 116.00 'I'I Phone Service City Iloll to Service C enter 116.00 116.00 11600 116.00 116.00 ~ Tot; to Ring (Mainframe) Service Center- mulls - point AS 218 216 218 x.18 450 450 450 450 450 ~ 1':nks 75 15 75 75 75 tilreck 75 75 75 75 75 • • SOA Rode 75 75 7! 71 75 Hater 11 71 7.1 71 75 %ka"eemcr 71 75 75 75 75 f cork c 75 71 71 75 75 • r 03!07195 I:WIRRRIPROF4WK3 1049.07 AM litkermet Dewripliaa R677MAT11 PROP43SRD P26-K) 3b - PRUPOSI3D PROPOSISD 1995 19% 1997 1996 1999 City Flail- Bridged 3errkemvltlpolat - UMC-Bridged Service to multi-polal 115.31 115,31 111.31 115.31 11531 Serrks Center to Oarage- nameelverServks 131 131 131 131 131 Servkc Center-Bridged Servke to mvhl-point 218 218 216 218 218 Spsacer-Bridged Serviceto qult-polat 2w 218 218 218 218 Water Production- Bridged Service to mulo-paint 345 345 345 345 345 Pecan Creek Wartaratsr Tralmemt Plam4-Bridgod Service to malts-point 600 600 600 600 lAnd6fl to Water 7}atmeet-Traaceiver6etrke 345 345 345 345 j3m Water Trcatment to uadnil-71'aw0mr Servks 300 300 300 300 W 6lo_Servke-TramcelverService 345 315 315 341 !'6 7(10 300 N'a~tr 481 481 481 481 181 1V;racavlrr 736 736 736 736 736 Solid Waste 826 826 826 826 926 (Nnige 436 436 136 436 436 436 436 436 4.76 436 •1'uken Ring (Maiarame) DMC West-mu8i-polat 600 600 600 600 600 I r • ' "11 ~F ~ ~Yrr j~?~2 tiu' • • xft~ 1tl x) • • ._k { 01/02/95 I,11 ?1131 ;.R\PROF4. W K.3 10:49,07 AM 3 MONTHLY COSTS FOR CITY OF DENTON FIBER OPTIC SYSTEM SERVICES IS71MA113 PROPOSED PROPOSED PROPOSED PROPOSED 1995 1996 1997 1998 1999 CMO)/Public Info 62 62 62 Legal 62 62 62 l~inunec 62 62 62 62 62 62 62 62 62 13 u dgel/Acco u n i iug, 62 Customer Service h2 62 62 62 62 62 62 62 62 ISS-Admin Services 62 61 62 ISS 62 62 856 856 856 856 856 Iluman Resources 117 117 117 Library: 565 11? 115 1,015 1,915 1,415 Parks ,915 1,915 Streets ~5 75 75 75 75 Misr. (I)MC WC.%Q 6w 600 73 7S 75 600 600 09 2,659 1,109 4,009 4,009 4,009 Utilities: Solid Waste ~ Wutcr 87 07 87 87 87 824 824 Wastewater 1,010 1010 824 824 87 vJcciric , 1,030 1,030 1,1'3p S 2,570 4,122 5,286 5,286 5,286 (bra c 449 449 4i9 449 qqy 4,959 6,511 7,67.5 7,675 6,939 ® Monthly Total 7,618 9,620 11,684 • 11,684 10,948 i . 1 1 1 1 1 1 l i / 8-- Km ~ am m m m m 1• i i ~....-------r-•., , . ....,...,..w1:.,lealGliCnti c a'rw-. w . 1 eF " ei1' ~ V~~ Y4 ~ • w ♦ r ,,-.,,i. . . . .,..ua.,.rue.:em !+,twYrteVWMM#M17M44U'e. 03N2f95 L•1FIIIIiR\PROF4.WK3 10;49:07 AM ANNUAL COSTS FOR CITY OF DENTON FIBER OPTIC SYSTEM SERVICES T?S'IIMA'TE PROPOSED PROPOSED PROPOSED PROPOSED 1995 1996 1997 1996 1999 Cbi0;1'uhlicInfo 742 742 742 742 742 Legal 742 742 742 742 742 Finance 742 742 742 742 742 Nue6 "Accounting 742 742 742 742 742 Customer icrvice .42 742 742 742 742 ISS-Admin Servkes 742 742 742 742 742 115 10,274 10,274 10,274 10,274 10,274 Human Resources 11398 1,398 1,398 1„198 11398 Library: 6,784 12,184 22,984 22,984 22,984 Parks 899 899 899 899 899 Streets 899 899 899 899 899 Misc. (I MC West) 71200 7,_2W 700 72W 7.2W General (Jove rnment'1'otal: 31,907 37,307 48,107 48,107 48,107 Utilities: Solid Wasic 1,047 1,047 1,047 1,047 1,047 Watcr 9,883 9,88.1 9,883 9,883 1,047 Wastmalur 12,155 12,355 12,355 12,355 12,355 Hvctric 30,841 49,465 63,433 63,431 63,433 Garage .1,3 51384 5,384 51384 S„}84 59,511 78,135 92,103 92,103 83,267 • ♦ Annual Total 91,418 115,442 140,210 140,210 131,375 ■ ■ e i ■ ■ ~ ■ Ir.:~. a~~, a~° a~ w~ ■w, sr~r ® ~ . III • I • . _ ,.r.„.... ,.o.... _<u, e,,, seiorilaerbi'rl dfitvIF•, ✓p ' 4 DIMOM Irt17RURVROY4.WK) I P.499) AM MRMR OP11CS 1YS71D1 DRRTRCRwULIt IO[I m NO S•IANI I NVENTUR T AND I NVPf UENT SOD11 CH (19100-1991) Ide9hada 110.10 OM.NIMM, 11 Cadrad l,aM 1117100 e'9m lluui9n Dale 1990 A7g6JmaeiY 17629631970 COeah9Mbn <knaal VuM PMne Slrlem-CallfieAtn of DM lpalbn pun7uae@. ('We (Joist, Ilre), 17 filar mWli-mode Made. (tO9.000 1991 CnNe SOILa m uppade u I hed aIFj-l ab:a and it pl acpdfdnke-- nlMe) Al Fla b k UI Oityer re. (133,000) Nel CaI Vatur epee drmcU)kn ill 540. 137,000 fienronin (3 yex Nfey 19911794400 Rly (Tel<99o4aa) 00.170 117.20D P.m k Sa re, Iy F\ I toll S6,1SD 194 Mapn um 100 S0,340 Nil I9e a ennka V 71u a afrm depablbn. NA757 S nlal Cvu nr \'r! u e al tK la W (brer nmael'r le verlm<nl 1IOS, 737 ldaommun kalkn FVM'a annual roymelb m fk14rJ ehwnnme nt to 64. eM t0 year.. 114199 NASS11NO PIANI' I N V MHTORY AND INV MlTi111NT SOMCII000- 1905) N.NC1511C MIND N"I,k SyrlrIII Revenue Roedr p rch sad. f ade (10Irw Way 16.730 ikpee Wled IAI SI20- 56,196 1)aU .aka (I yex 11lr)r '1991 Magnum 100 PIMA 13)1140 1491'1 raneelam 11,70 Nrl 17ecannin Vella Oer dip aulhn, 113,110 I mel Cn rent Velu< Ml IOeirrk Sp rlli d meume nl 09,10/ r PI.ANTCORRICITI.Y IINMIR CO1R7~aNTSN(I)~ FIeUIk [SlO ily Revenue Ramb "'slim Audpl Srrna r - Lxu1I )7,000 ' I ccarl - L'NI 70.00 • N I- IliyhlamJ II Malhrur 3.650 ' I'.N I - AUrhena Sullne n 11k1., 72LYA' ina,-ry - Nwlh La3ea 31.60 W,kt) - A4p,rt 41.600 h'orlhlalta - Iknl9n N,lN 35.700 I11n700 Noah - '1 Ib'L' )0,?W lkn4m Nnrlt - Nino Ro. 31,600 Nlnp 11oa - Srancrr 73,6 I' nv 11,01 - I aw-a1 i Dd00 • Sl.ncn -P,rYr9, fi,Gp Fp na r - N ca 73.700 1 'd l..e hl Bler-1 rhiml )7.P?0 SS)CIT(i , jvalce of IM aIr,nis 6yrIrm I invrnmental the endr 93 1773,909 IeRO'mmunialbn I nd I IIII rr)minr to INO(k H 64 aM 20)"4. 1.10.06 • • ~1' 7 )7~~f YV7 k~Nli ~ ti1 rTj fir. • Ca • • .n.,r .r. r.,.,,rr• d es!vln xw,.lyLrx t1, 1+/1.Yf~L.. 1•n•?)7%W>t'v liCE,M Vin' 1 i IIfU4lIlIR IITI VRI IInH RN flnaraniNW r%WI _..~_.1Nojlft-. _ ill __1ft_ yil.r.. 1 tIW a,M el iY --uW MW Al. le.W ILW HW M,W N.W MW MYN LHpMu..i it 1!.111 1111. 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W.NI IIN" IIN41 I, W.W L.IMNI LLEM I Ail .....,.,.__L.._ _ ~ .x vw.r VYNrNr~AiWK4i1'N•..- r.Yr-_ _ r r , . { 1 1 _ 1 • ~ C - ~ ~ Ir v 1 ~ ti 1l5'~ti~Jv ~jP~~T~~1 r(i~t r of t 4 !1 L ~a RTI DENTON 3 1 NOR77Y 8 SUN s i JI r_ 7m r d ~ J 44 i cr ~e. 11 w t J 51 ra tr Iw.vwwrr q nwrw ~ mrrr _ ~-ter f near ~a~. mrr (fN r« wnwrrrY . w Iwww n~rra im ~lop f7 "IN it Milm .a.m,WW J J -1 i ruf ~wY1 ~ 5 w IAwY ewOn wMN.A/ Iae. (yt ~ I • cta a i I i } i i EE N E) I ' r i i • ii. I 171 EE i