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HomeMy WebLinkAbout08-15-1995 • h w i CITY COUNCIL AGENDA PACKET 8-18-99 • E ~ £ drs~t r • AGENDA ''IP^nm +rt CITY O'i DENTON CITY COUNCIL ~I August 15, 1995 r~ Work Session of the City of Denton City Council on Tuesday, August 15, 1995 at 4:00 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 session. Participation by individuala and members of organizations invited to speak ceases when the Mayor announces the session is being cloe3d to public input. Although Work sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive reports and hold discussions regarding the following budget hearinc,-s : 4:00 - 5:00 Municipal services Municipal services/Economic Development Library Consumer Health/Animal Control Facilities Management j Parks and Recreation • Closed Meeting of the City of Denton City Council on Tuesday, August 15, 1995 at 5:00 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: 1. Closed Meeting: A. Legal Matters Under TRX. GOVT CODE Soo. 551.071 B. Real Estate Under TEX. GOVT CODE Soo. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CIDE Sec. 551.074 1. Hold a discussion regarding the appointment, employment and evaluation of the Municipal Judge. • a~ • r ,~,Np 9S~o'2g City of Denton City Council Agenda August 15, 1995 Page 2 1tiP-~ - q~ 2 0~ b Continuation of Work Session of the City of Denton City Council on Tuesday, August 150 1995 at 5:30 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:30 - 6:15 Emergency Services 6:15 - 6:45 Transportation Engineering & Transportation Streets Airport 6:45 - 7:00 Miscellaneous Regular Meeting of the City of Denton City Council on Tuesday, August 15, 3,995 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance I 2. Consider approval of the minutes of June 13 and June 20, 1995. 3. Citizen Reports A. Receive a citizen report from Nancy Jessee regarding Denton County's proposed bona issue. B. Receive a citizen report from Dessie Goodson regarding street drainage and streets in general. 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance amending the Detail Plan of Lot 4R to include retail as a permitted use. The subject property consists of 0.611 acres and is in PD-156. Tho property is located • between S. Elm Street and S. Locust Street, approximately 140 feet north of Prairie Street. (The Planning and zoning commission recommends approval 4-0.) 5. Variances A. Consider a variance to Section 34-125, (b) (private road • requirements) of the Subdivision and Land Development • Regulations, for the proposed Stateson-Miller Addition. r i The 76 acre site is located on the west side of Tom J Marshall Road in Denton's extraterritorial jurisdiction. (The Planning and Zoning Commission recommends approval 4-0.) f, • 0 S r y r~'hr~5~' y~, • I- a • City of Denton City Council Agenda August 15, 1995 a car Page 3 3 c~ ~ B. Consider a variance to Section 34.114 (3) (paved standards) of the Subdivision and Land Development Regulations, for the proposed Stateson-Miller Addition. The 76 acre site is located on the west side of Tom Marshall Road in Denton's extraterritorial jurisdiction. (The Planning and Zoning commission recommends approval 4-0.) C. Consider a variance to Section 34-114 (17) (sidewalks) of the Subdivision and Land Development Regulations, for the proposed Stateson-Miller Addition. The 76 acre site is located on the west side of Tom Marshall Road in Denton's extraterritorial jurisdiction. (The Planning and Zoning Commission recommends approval 4-0.) 61 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 r! .Lnformation and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 7.A, 7.B, 7.C, 7.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 01781 - Turbine Generator Inspection 2. Bid 01778 - Distribution Transformers • 3. Bid 01782 - Brochures for Parks and Recreation 4. P.O. 056685 - American Management Systems, Inc. 5. P.O. 056686 - IBM Corporation ~ 1 6. RFSP 01749 - Telephone Maintenance 7. Consent Agenda Ordinances • A. Consider adoption of an ordinance accepting{ competitive ~ • • bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.2. - Bid 017781 6.A.3. - Bid 0'1782) B. Consider adoption of an ordinance accepting competitive bids an J providing for the award of contracts for public works or improvements. (6.A.1. - Bid 01781) i • O • as • City of Denton City Council Agenda AQfi~iII~IR~, August 15, 1995 Page 4 4016 C. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. 6.A.4. - P.O. 156685, 6.A.5. - P.O. /56686) D. Consider adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for the purchase of materials, equipment, supplies or services. (6.A.6. - RFSP 01749) 8. ordinances A. Consider adoption of an ordinance amending Section 22-32 of the Code of ordinances, Chapter 22 (Parks and Recreation) prohibiting the possession and/or consumption of alcoholic beverages in all city parks, with the exception of the Civic Center Park. (The Parks and Recreation Board recommends approval.) B. Consider adoption of an ordinance authorizing the City Manager to execute Amendment No. 1 to an agreement between the City of Denton and the North Central Texas College (NCTC) for the purpose of allowing for the construction of parking improvements in the vicinity of NCTC campus. C. Consider adoption of an ordinance approving the City of Denton 1995 ad valorem appraisal roll. D. consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Camp, Dresser and McKee, Inc. for professional engineering services relating to establishing a fee or charges under which a municipal drainage utility system may be funded. • B. Consider adoption of an ordinance authorizing the Mayor to execute a lease with American Legion Post No. 840 for the lease of the American Legion Building in Fred Moore Park. F. Consider adoption of an ordinance authorizing the City Manager to execute Amendment No. 2 to an agreement ' • between the City of Denton and the Denton Chamber of Commerce for the purpose of providing for a program to promote economic development. G. Consider adoption of an ordinance approving and authorizing the City Manager to execute an agreement for engineering services with Carter and Burgess, Inc. for improvements at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) • • City of Denton City Council Agenda ~al0d81? August 15, 1995 iIIF g~~~' C~S Page 5 sg~ H. Consider adoption of an ordinance amending Section 25-5 ("Soliciting business or charitable contributions") of the code of Ordinancea; providing for a permitting procedure for soliciting charitable contributions; providing for a severabi?.ity provision; and repealing all ordinances in conflict tnerewith. 9. Resolutions A. Consider approval of a resolution appointing Bill Giese to the TMPA Board of Directors. B. Consider approval of a resolution approving the 1995-96 budget of the Denton Central Appraisal District. C. Consider approval of a resolution authorizing support for Denton County's proposed new courts building and juvenile justice facility expansion projects. 10. Vision Update 11. Consider nominations/ appointments to the City's Boards and commissions. 12. Consider appointments to the Blue Ribbon CTP Committee. 13. Hold a discussion and give direction regarding city Council committee assignments. 14. Miscellaneous matters from the City Manager. A. Roceive a report. and hold a discussion regarding the Quarterly Financial Reports. 15. New Business This item provides a section for Council Members to suggest items for future agendas. • 16. Possible Continuation of Closed Meetings A. Legal Matters Under TEX. GOVT CODE Sao, 551.071 j B. Real Estate Under TEX, GOVT CODE Sec. 5bl.072 • C. Personnel/Board Appointments Under TEX. GOVT CODE • Sec. 551.074 1. Hold a discussion rogarding the appointment, employment and evaluation of the Municipal Judge, i • _..--._,_..r.....,. • } i ref p,J~a +14 • O city of Denton City Council Agenda August 15, 1995 R1! p~ 1~ 5 Page 6 f~ ~•'w. 61 17. official Action on Closed Meeting Items: A. Legal Matters 0. Real Estate C. Personnel D. Board Appointments 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 SION 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 TELECOMMUNICATION 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. ACCO02AB • i I fy n ~pys{p~~~ l~~e v 1 y 7~J• 1f' a iii- .E~ :r d j'rfq~Y' 7,17 • ca • C DENT ON oooQO~oo~oaooo G ~ Q d ~ © C7 ~ Q 00 r o rt ~ O aoo~anoo • CITY COUNCIL ~ • • CITY OF DENTON CITY COUNCIL MINUTES N ~s June 13, 1995 The Council convened into the Closed Meeting on Tuesday, June 13, 1995 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Krueger, Biles, Young, Cott, and Miller. 11 Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Received a report and discussed status of litigation in GTE v. City of Denton, City of Rusk et al v. GTE and Denton's complaint against GTE pending before the PUC. 2. Considered action in Disheroon v. Scott, at al. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOV'T CODE Sec. 551.074 Council considered the following items in a Special Called Meeting of the City of Denton City Council on Tuesday, June 13, 1995 at 6:00 p.m. in the Council Chambers of City Hall. 1. Council considered a resolution of appreciation for Mark Chew. Council considered the following Resolution of Appreciation: RA95-016 A RESOLUTION IN APPRECIATION FOR MARK CHEW, RETIRING c'TY COUNCIL MEMBER Miller motioned, Brock seconded to approve the resolution of appreciation. On roll vote Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye", Hiles "aye", Young "aye", Xrueger "aye". Motion passed unanimously. The fallowing items were considered in a Work Sossion of the City of Denton City Council on Tuesday, June 13, 19950 at 6:00 p.m. in • the City Council Chambers of City Hall. • • 1. Council heard presentations from Blair, Goggan, Sampson & Meeks; McCreary, Veselka, Bragg i Allen; and Sawko Q Burroughs regarding the collection of delinquent taxes and gave staff direction. lR Y • _ ca • Agendal Gate 8'' /S- `i5 City of Denton City Council Minutes Z do 8!3 June 13, 1995 Page 2 Mayor Castleberry informed presenters that there would be a 15 minute time limit on presentations. Jon Fortune, Chief Finance Officer, said the City's current contract for the delinquent tax collection expired at the end of June. As a matter of procedure, staff solicited request for proposals from additional law firms. Six law firms responded and that information was provided to Council at the June 6th meeting. Fortune pointed out one correction to the June 6th report. He said two Denton County clients were omitted from the law firm of Sawko & Burroughs, the Town of Flower Mound and Hickory Creek. Council Member Krueger asked if their totals had changed. Fortune responded that the totals did not change, the two cities were inadvertently omitted. He said Council directed Staff to narrow the respondents to three would make 15 minute presentations. He said Staff would anticipate further direction from Council regarding the contract renewal or a new contract to be brought back for Council's approval for tax collection services be<'inning July 1, 1995. Blair, Goggan, Sampson & Meeks made a presentation to the Council. Mike Greggory introduced their teams Peggy McCormick, Data Manager Debbie Patten, Manager of the Denton Office; Curtis Loveless, local Denton Attorneys Beth Weller, Bankruptcy Attorney= Gary Bennett, Lead Attorney for Denton and Charlow Bradshaw, Lawyer in Greggory's office. Greggory said his firm did the job as well as it did because they had a better system, better equipment, better people, people who worked harder and had personal contact with the tax payer. The firm had always been a leader in collections, affirmative action and in local involvement. He said the key issue for the Council was who could collect the most tax dollars most efficiently. Each year on July 1, the delinquent tax roll was turned over to the attorney. Their numbers, prior performance, and performance with the Denton Independent School District would show they could do it botter. • Peggy McCormick provided further explanation. She said they believed collection performance was the single most important thing to use when making the decision about which law firm should collect the taxes. She said as the former tax assessor/collector for the City of Grand Prairie and Haltom City, she was associated with the process many times, as a client. She associated with Blair, ® Goggan, Sampson & Meeks two years ago. They were the type of law • O firm that exemplified the collection performance and level of service to the client she expected when she was a client. She said th9 Council's decision should be about revenue, which delinquent law firm could collect the most revenue for the City of Denton. McCormick said every taxing jurisdiction had certain revenue • O , 1- c> • 4genda No S Q Agendaltem Date _ 8~ ~S• City of Denton City Council Minutes 3 CY $3 June 13, 1995 Page 3 expectations when choosing a law firm and Denton had those revenue expectations in 1986 when choosing their law firm over the former firm of Terry Lewis and Dan Coffey. She said they met those expectations by increasing collection over $3500000 in the first year, a 1228 increase. She said they successfully represented the City of Denton until 1993 and collected over $5.5 billion dollars on the City's behalf. They worked hard to create a collection program that would generate the most money for the City of Denton. In 1993, the City chose to change to the McCreary firm. She said there was a 16% decrease in collections from the last year Blair, Goggan collected the taxes and almost $70,000 less was deposited to the City's treasury as a result of the McCreary firms efforts. She said when Denton Independent School District chose to change firma they also had revenue expectations. They changed from the McCreary firm to Blair, Goggan and they increased their collections over $222,000 in the first year, an 18t increase. She said the DIED was so careful to make the decision to change law firms based on performance that they submitted their number to their own independent outside auditor, Hankins, Powers & Deaton for verification. She said the collections should be seen in the context of the universe that it was to be collected. McCormick said the City Tax Office did a fine job of collections and the Council had seen the current collection percentages increase over the last five years. She said collection had also increased for her other clients due to the economy and more sophisticated collection techniques. She said it was true that the McCreary firm had less money to collect in the first year of their contract with the City. They had 15t less money and collection dropped 16%. McCormick said in DISD's first year, they also had lees money to collect in current year turnover but their decrease was 27t. Despite the 276 decrease in current year turnover they increased collections over. $222,000 for the DIED. She felt that was an important and valid comparison since the City of Denton and DISD were similar taxing jurisdictions with overlapping properties. In fact DISD taxes were harder to collect. Higher tax rates meant larger tax burden and people tend to pay the tax bills they could afford first. She felt Denton had suffered a collection shortfall • over the last two years. The City of Denton's effectiveness was nearly 101 less than DISD. When the 10% difference was applied to the currant year turnover, it resulted in a collection shortfall of $340712 She felt the City of Denton had been under collected. If the C' of Denton had been collected as effectively as the DISD was b,, ..Lair Goggan, the City would have recognized an additional $34,762 in the first year of the contract. Through the most recent • nine months the shortfall was $27,400. She said Blair, Goggan, • Sampson & Meeks did a better job of collecting taxes than any other law firm. They pruved it in Denton twice. She said there were / other qualities that made their law firm collection performance and level of service to clients superior and unique to any of their competitors. 4 0 • 63 • ggandal Oate ~ City of Denton City Council Minutes June 13, 1995 Page 4 Gary Bennett addressed the Council and told why they should select Blair, Goggan, Sampson i Meeks over anyone also. He said they do the litigation. They send out letters periodically to the tax payers. He said what they did that other firms did not was maintain personal contact with the tax payers. They had them on the phone and talked with them on a weekly basis, not as harassment but to act as problem solvers to enable them to find out ways to get their taxes paid. They thought it was important to compare their performance at DISD to the City because of the similar atmosphere, tax payer, property, and sets of problems. Bennett said because they go the extra mile with the personal contact they get more money collected quicker in a specified period of time. Because of the personal contact they generated a lot of money for the City ass they worked through their programs. They welcomed the City as a client in the past and hoped to have the City as a client again. He invited the Council to independently verify all the figures and performance levels presented if there were questions. Bennett Paid they had a local presence in Denton. The office was staffed by local peolde, used local vendors and pumped a lot of money into the community on an annual basis. He told the Council that no one understood and knew the tax payers better than Debbie, their Denton office Manager. They felt they had a superior track record and could back up what they said. He said they would love to represent the City again. He gave his personal commitment that if the City decided to go back with Blair, Goggan they would not experience shortfalls and there woOl be more money to work with then over the past 22 months. Curtis Loveless concluded the presentation. He emphasized that he and Mike Greggory had both been residents of Denton County and the City of Denton for over 45 years. He said they were committed to being a local presence. He said they felt they had the local ties, experience, and the background to do the best job and the figures showed that. Council Member Young said he noticed that there were minorities that worked with the firm and asked Loveless why there were no 0 minorities from their firm represented. Loveless said Me. Sampson was on vacation and could not attend. He allowed one of the representatives from the Dallas office explain further. The representative explained that Ms. Sampson was a main partner in 0 the firm and a shareholder. The other minority members were in the • 11 Dallas office and acted as support to the local office to pro,-ids business to local minority vendors. He said Ms. Sampson was of the opinion that if further action was taken she would be back to attend the next Council meeting. .l. Fit r~ l~'L:( '11 f! u:~ ,4fi • • ApWaNo C/S -O one I~-/ - City of Denton City Council Minutes 83 June 13, 1995 Page 5 Young asked how many people on the staff were here in Denton. The representative responded that there were two people that man the Denton Office. He was the Attorney and was in the local office once every week, once every two weeks or as often as necessary. He said the local counsel was there on a full-time basis to help with problems. Council Member Miller asked that the representative explain the process of making the personal contact. Bennett said they employed professionally trained collectors. It was not like a collection agency and not harassment calls. They had records of the number of letters or paper work sent to taxpayers. They contacted them on the basis that they had sent several letters and other pieces of information and have had no contact and were concerned if they had they correct address or if they received the letters. Bennett said it was sometimes the case they had not. Bennett explained that they engaged the taxpayer in conversation and explained the payment options available to them. Usually they were not aware of the options and they would he not up on some payment plan to help get taxes brought current. He was aware of very few instances where the process had been a problem. Bennett said they began by working down the list of all delinquencies, Miller asked how often was the personal contact each week. Bennett said every week they worked the rolls. He said it might be for Denton they had a clerk that may work the rolls ono day per week or two days per week. It varied but every week the roll was worked by someone. He said he was available as the attorney to answer any legal questions. He would contact persons by phone or arrange for a personal appointments with the taxpayer. Miller asked if 55% of their Dallas work force was minority, with 339 percent Afro-American, 10% Hispanic and 12.5% other, and 731 female. He asked that Bennett describe the types of jobs the minorities were in. Bennett said they go all the way from partners to clerks. He said Curtis Mayfield, Senior Attornay, and head of the Beaumont office was an African-American. They had African-American paralegals, collectors that were African-American as well as Hispanics. They also had managers of various departments that were either African- • • Americans or Hispanic. Bennet said their firm had always been the leader in the industry in the State in minority involvement and in providing jobs to outside vendors which were minority owned. They were pleased with that and felt their record spoke for itself in that regard. • • W*No 94gWaltely Oahe -1 City of Denton city council minutes 6 j June 13, 1995 Page 6 Gil Bragg of McCreary, Veselka, Bragg & Allen addressed the Council. He said their main office was located in Austin but they had a branch office in Denton. Bragg said the local office was staffed with 5 persons. He introduced the four staff members attending the meetings Kim Sanders, Shyra Pedice, Karen McGee, and LeAnn Bassett. Donna Elkins was the fifth staff person but was unable to attend the meeting. Bragg said he was there at least one, sometimes two to three days each week and considered himself a Denton resident although his legal residence was in Austin. He said Byron Berry and Richard Hayes would speak regarding their part of the partnership. He said the McCreary firm was established in 1960 by Jack McCreary. They had been in continuous operation with the change in name because of different persons elevated to the level of partner. Their first client in Denton County was Argyle ISD which they represented continuously since 1979. They were hired by the Commissioner's Court of Denton County in 1985 and had represented the County since 1985. They were hired by the City of Denton in 1993. A complete listing of their Denton County clients was listed in the proposal. Bragg said they enjoyed their relationship over the last two years with the City Staff. He worked closely with Mr. Schneider in the Tax Office and also Mr. Jefferson and Mr. Fortune, He said he was the person that met with them on almost a weekly basis monitoring the progress. He stressed that the numbers in their presentation was prepared by the City Staff. He said Hayes, Coffee & Berry were not local counsel but a true, legitimate partnership formed two years ago for the purposes of representing the City of Denton and Denton County. Bragg said it had worked excellently. Bragg referred to his charts and focused on the numbers from the June 6 meeting which charted the current year turnover each year of delinquent taxes and where that had gone. He said it was excellent news for the Council but bad news for a delinquent tax attorney. With the tax year of 1989 - 1993 each year the turnover had steadily gone down. He said the 1994 turnover would be considerably less than $200,000. He said it put a delinquent tax collection firm in a difficult position in trying to stand up and boast about increasing collections year after year when the pie was getting smaller. Bragg said the way • you judge performance was by asking what the firm was doing in the first year with what was turned over to them to collect. Bragg said the Council had established traditionally a very aggressive standard of 60% in the first year. The May report showed that in 1909, the percentage started out at over 60% but as the turn over went down the performance went down. He said those numbers were taken straight off the report the Council received the previous • weeks report. Beginning with the two years they had been the • delinquent tax attorney Council could see in 1992 by the end of May they were at 58.24% but the year prior to that the Heard firm was as 53.411. He said currently they had exceeded their goal even though they had until the end of June to reach 60%. At the end of May they had received a 61.54%. He said he checked with the Tax • w • agandagem s ~~ate .~1~..9 City of Denton City Council Minutes 7 June 13, 1995 Page 7 Office and they were up to 61.94% as of the previous Friday. Bragg said he took the worst month they ever had in collections and if they did that well in June they would reach almost 62.5%. Taking half of what they did in June of the previous year, $5,000, they would reach over 63%. He told the Council that they were aggressively going after and trying to get the dollars into the City coffers as soon as possible. He thought Council was also entitled to know where the taxes were that were delinquent at the time they were hired. As of May 30, 52.5% had been collected. of the remainder, 21% was in some form of litigationf less than 1% had some sort of pay out arrangement or the people were over 65; 11.5% was in a pending bankruptcy= and 14% they were still working on. He said that 14% was the most difficult since it was the oldest years. They were still making efforts to collect that but in all honesty they were probably vacant lots that would have to be sold and they were aggressively working in that regard. Mr. Berry of the McCreary firm addressed the Council. He said what differentiated their firm was the fit they had between local attorney's working with the state wide collection firm. He felt Council should give them a chance because of the work that had been done in the past and the program they had together. He said they did what they told the Council they would do 2 years ago. Looking at apples to apples they could see that the collection numbers had gone up from the prior firm. He said he talked with the people at the County and asked them who they preferred to work with and they had an excellent working relationship with the partnership they were presenting to Council. Berry said the fit was going to continue and they hoped to continue to work with the City both in delinquent tax collection and the work they had do,)a outside the partnership individually and as two firms working for the City of Denton. Richard Hayes stressed that they did in fact have a real partnership that worked well for the City the last couple of years. He said they did title research, analysis of change of title, court appearances, and appeared in bankruptcy court. He also talked about the previous history of declining effectiveness which was the reason Council went out for RFP the last time. Mow there was a history of improving collections. In regards to the previous firms presentation about a $34,000 shortfall, Hayes said Council could look at their own numbers and there was no relevance they could find. In regards, to the School District numbers they collected there was no analysis to tie to that number. Hayes said the bottom • line was that when Council looked at audited internal data there • was an improvement. He introduced the staff they brought with them. He said they would appreciate Council's support and vote on the issue. They were committed to continue doing an excellent job. • • r +1aNo -029 40waltarr owe S_ . City of Denton City Council Minutes June 13, 1995 Page 8 Miller asked what their method of contact was with the citizen in regards to tax collection. The speaker said two times a year they made a concerted effort to contact citizens that owed delinquent taxes to follow up a mailing. He explained that the conversation was to say they just sent a mailing and wanted to be sure they received it and that the information on the tax roll accurate. He said the conversation inevitably turned to "how can I pay this, is there someone r can talk to, etc.." In addition to the telephone, the contact was constant. There were citizens in the office everyday. He said they rent a large apace across the street in the Denton County Tax Office building. They also represented the County so if they were there to pay County taxes they probably owed City taxes as well. He said all pay out arrangements with the City were monitored by them so th,3 City Staff was not encumbered by having to continually know who was current on the pay out arrangements and who was not. Miller asked to what extent the people in the Hayes, Coffee and Berry office got involved in the process. The speaker said they had a real estate paralegal that has done title work on a regular basis. There had been times when Mr. Bragg had a particular thorny thing and since he was board certified in commercial and residential real estate he had done some of the complicated title analysis. lirtually everyone had gone to court for the trial/determination on the matter. There were a number of things they did. He had met with City staff before to handle matters and there had been lots of involvement. Miller said looking at the statist.cs relative to equal employment opportunity, the Afro-American popu?ation was 4.51 and Hispanic 6.81 for a total of 11.41. 1 I The speaker said the numbers in the reF,.t were accurate. Of the Denton Office Staff 201 were African-Amfir'.can. • Mr. Bragg from the firm also addressed the question. He said there was a lot of talk about all the equal opportunity but they realized that there were no attorney's in Denton County that fit what they needed. He said they could not help that but what they could do was to hire people. He said they hired Loranna Morales as a junior in high school who worked her way through TWU. They tried • to get her to go to law school but she refused. After working with them, she was going to be a teacher. He said thel were really proud of that. Miller asked if the 78 people they listed were Denton people. 14 c~ • 9 kll(1SI 1t! Gr City of Denton City Council Minutes / 4 0-5 June 13, 1995 Page 9 Bragg said there was a line indicating the Denton Office. The remainder of the chart was everyone in the firm that was not in Denton. He said to the Council that 2 years ago they hired two Hispanic gentleman from the UT Law School as Law Clerks. Their intention at that time was to hr,e both gentlemen work for them and possibly one would consent to c~ji.e to work for them. They were so pleased with their performance offers were extended to them and as of August 1, the would have 2 Hispanic attorneys in the firm. At that time there would be 20% minority. Krueger asked Bragg how he would address the question that they were not a local firm. Bragg commented that it was all about how you defined local. He said he sleeps in Austin, Texas but spends a lot of time and money in Denton. He said he was obligated in the form of office rent and salaries to spend $159,000 every year in the City. fie said he thought that made him local. He bought the suit he was wearing at JT's along with his shirt and his 1994 Yukon from James Wood. He said he was sorry that had not felt compelled to Denton because they were living in Austin first but he said he loved Denton an felt local. Krueger said he received a letter from a citizen regarding a complaint with the firm as far as getting a release after the delinquent taxes were paid because Bragg was unavailable to sign the release. He asked if that was out of the ordinary or was that something experienced because he was in Austin. The citizen said Bragg was the only one that could sign the release. Krueger asked j if that was true and if so what could be done to alleviate that In the future. Bragg said he was the one that signed the releases. If they dismiss a pending lawsuit and they had somehow made an error, that lawsuit could be refiled. If they released a judgement and it got recorded and they refiled the lawsuit because it was released in error they would have a serious problem. Because of that they had very strenuous safeguards regarding actual copies of receipts and verification that the taxes and court costs were actually paid. He said for a lot of people with delinquent taxes it was alright to let them go delinquent, or to let the lawyers take a judgement but when they go pay the taxes they want the release the instant they write the check. He thought that would be an unreasonable position for any lawyer whether in Denton or not. The got the gentleman his • release in a timely manner. He said if the Council wanted them to • establish a procedure where he was not the only one to sign the release they would be glad to make that change. He said it was to protect their clients from an inadvertent release being signed. • 4W • ~nde No ~ J5 City of Denton City Council Minutes June 13, 1995 Page 10 Hayes said the gentleman paid by check on a Thursday. Part of the delay was to allow the check time to clear and Gil Bragg was also not in the office. Hayes said the release was signed on the following Monday or Tuesday. Cott asked how many releases they signed each week, month, or year. Bragg said it was not an inordinate number. Cott asked if one was a significant number. Bragg said they do a lot more dismissals. Mayor Castleberry asked if it took longer to supply the release than it took the client to pay the taxes. Bragg said no. He said the gentleman's attitude and persistence actually impeded the process. Mark Burroughs addressed the Council on behalf of Sawko & Burroughs. N4 had lived in Denton for a number of years but his office location was in Ft. Worth. He said Lewisville ISD was the first taxing unit he represented in Denton county and he did so for a number of years until they consolidated their collection services with the attorney for non tax purposes. He thought there were several reasons why they should be the City's next delinquent tax attorney. He said they were the best bidder of the three finalists for several reasons. First, he said he was here. He was the attorney that would be assigned the tax collections work for the City, The other two firms were not local firms even though they had affiliated with local counsel. If the local counsel was competent to perform the tax collections work they would be doing it themselves and not going out of County and sending a great majority of the attorney's fees out of County. Burroughs said he was with the firm of Hayes, Coffey 6 Berry the previous year and was generally responsible for tax work and administering their contract and their work with Gil Bragg of McCreary, Veselka. He • said he broke back out with his partner Greg Sawko and decided to enter back into his old realm of business, collecting delinquent. He said he had been doing it for 13 years and was quite experienced, starting out in the City of Houston representing a number of taxing units in the surrounding area. He had represented taxing units not only in Denton County but Cooke County, Collin County, Smith County, and various other places. Burroughs said he • focused on delinquent tax collections and for that reason they • developed their own tax collections program. He was personally involved on a daily basis with the tax collections work. Their general program was to do the mass mailings like the other firms and they also file hundreds and hundreds of law suits for the units they represent. Before they take any significant step in the i • a~ • 4gt~1 City of Denton City Council Minutes 83 June 13, 1995 Page 11 collections process thoy communicate with each tax payer. He said he spends the majority of his time each day on tax business and had a high degree of expertise in the tax collection field. He said he was the only delinquent tax collection specialist competent and capable of performing the work based in Denton. He said the current staff level was six. In the past he had a little greater staff and less staff. In Ft. Worth he consistently had 25% minority hiring. Currently they had one person of American Indian decent. He also said their work was restricted to Denton and Cook Counties and they were much more efficient for that reason. The had a greater attorney and staff ratio to taxing unit than any of the other firms by far. He spends his time in Denton and Cook County. He said his charts showed that they had superior rates of collection which had to do with the personal hands-on approach they took in the collections process. He presented information regarding the total adjusted levy for the last fiscal. year for the City of Denton and six of the taxing unit clients he represented and compared that with the total collections of current and delinquent. He said by using that method you account for a lower turnover of delinquency. For the City of Denton, the last fiscal year ended, 99.9% total rate of collection was achieved. His representative taxing units, Lake Dallas, Town of Flower Mound, Little Elm, City of Gainsville, North Central Texas College District, and Gainsvillo Hospital all had superior rates of collections to the City. He was trying to indicate that his approach to the tax business works and gets superior results. Being based locally would give the city a double advantage over the competing law firms. If someone had a question they could call him. If there was a hang up in the system he was there every day to adjust to them. He said his approach had been effective in the results. He presented a second chart showing what was happening with the City of Gainsville. In 1989-90 and 1993-94 he represented the City of Gainsville. The interceding years they were represented by Curt, Goggan & Blair, now Blair, Goggan, represented the city. He said they turned the program around. Collection severely declined during the years with Curt Goggan because they did not have a local attorney who was active in the collection • process. He said one of the reasons he departed from Hayes, Coffey & Berry was the level of activity of the local counsel. He wanted to be more personally active in the collections process. He said the range of services of what they did with collections encompassed mass mailings, and everything the other firms did. They also followed through. He said in certain circumstances you have to go to foreclosure, that was the hammer and that was what made people • pay. If you just threaten all the time there was a tendency for people to say you do not follow through. Burroughs presented the • li total history of foreclosures for all taxing units in Denton County. Of those taxing units 143 foreclosures took place during 1987 - 1995 of which 90 of those were his taxing units. He represented a number of the smaller taxing units and Lewisville I9D t • i► • s City of Denton City Council Minutes /'Ly 83 June 13, 1995 Page 12 where there were several foreclosures. He wanted to make sure the job was done right, consistently. He felt they were the best firm because they paid attention on a monthly basis to what was going on with the revenue situation so if the City was falling behind, he would be there to address it and jump on it. He said if the Council, City Manager or staff had a suggestion as to how to approach it he was there on a daily basis to gat that from them. Since the fees were not being divided in his firm to out of County firms he was the only local law firm that kept all of the attorneys fees in Denton, did all the work in Denton which meant more jobs in Denton. He said because they live and work in Denton everyday, the City of Denton was a very important aspect of their work lives and they spent all of their fund in Denton. Burroughs said there was a magnifying effect of the dollar utilization by spending the money in Denton. Approximately $56,000 in attorney fees of tax payers money was being paid to the delinquent tax attorney, the majority of which went out of County. He strongly requested that the Council consider them as the next delinquent tax attorney. Council Member Krueger said it had been br, uyut to his attention that their modus of operandi was to file baits rather than seek a settlement. He asked what their standard operating procedure when they received a tax collection. Burroughs responded that they always worked with the tax payers and let them know before they took any step that they needed to communicate with them. He said one of the biggest reasons a person went delinquent was the lack of communication. They enter into payment agreements, and on many occasions work with tax payers to try to get a title company to pay up on delinquent taxes that were collected at closing but were not disbursed out. He said It was not in their best Interest to file a lawsuit and they did everything they could not to get to that step. He said the 143 foreclosures of the 8 year period was not a tremendous number but it was an effective number when looking at his jurisdictions. It showed that eventually if you did not respond or get involved in trying to correct your own problem they would go to lawsuit if • necessary. Mayor Castleberry asked if there were questions for any of the three firms. Council Member Brock asked if the firms would like a minute or two for a rebottle after having heard each others arguments. , • • 0 Mayor Pro Tom Biles agreed that a couple minutes to respond to the other presentations would be appropriate. McCormick from Slair, Goggan, Sampson 6 Meeks said they were proud of their performance and made every effort to verify their numbers • _ _ _ • 01, 4I(1;~,~,4yrry~ • w Venda No QS - 29 Awdal ate. p'` ~.S'-r City of Denton City Council Minutes June 13, 1995 Page 13 and have the source data for them. The City of Denton had always made it a practice to look at the firms performance based on the 60% collection of the current year taxes. The numbers provided by the McCreary firm showed an 11 month comparison. She said the Council should be aware that it was not a complete representation of any of the law firms performance. She said if the Council were to look at the City of Denton and Denton TSD that year and last year the City of Denton was at 61% and Denton School District was at 63.5% and through the end of April the City of Denton was at 59.08% the School District was at 62.76%. She said they thought that was important. Burroughs from Sawko & Burroughs referenced the charts and said he realized it was hard for the Council to try to weigh the statistics. He said on the chart where it was the 99% and 1011k, 1% to the City was ;140,000 in collections. Council Member Cott commented that it did not matter where you stop an long as you stop consistently the same place year after year after there was a relative basis. McCormick from Blair, Goggan, Sampson & Meeks responded that if you were judging a law firm's performance on a 12 month basis it would be reasonable to expect that you had a difference in what months you collected the taxes. There was never one year when Blair, Goggan did not meet the Council's goal. She said in 1991 they collected over 9% in the last month alone. Depending on when that snap shot was taken you would see a different picture. Cott asked if they were comparing numbers the same day each year and the same number of days, should not the numbers be relative. McCormick from Blair, Goggan said if you were judging the law firms performance based on a 60% collection of current year turnover then what the Council saw was not a full year's comparison but 11 months. They could collect the entire 60% in the last month. She said what Council saw as a snap shot was not a full year's collection performance. 1 Council Member Brock motioned to direct staff to prepare a contract for collection of delinquent taxes with the firm of Blair, Goggan, Sampson & Meeks. She said the firm they had the last two years has done a good job but believes Blair, Goggan could do better. She also said she appreciated their treatment of the citizens with • difficulties and illnesses and so forth. Their record of minority 0 hiring and patronizing minority vendors was outstanding and unequaled by any firm of their sort in the state. She said they had an excellent state wide record, the most sophisticated approaches as well as a more personal human approach. • • , Vl0t4o -C29 4gendal S~ cq~C~~ City of Denton City Council Minutes June 13, 1995 Page 14 Council Member Miller seconded the motion. Council Member Krueger asked each firm who prepared their brochure. All three firms responded that their brochures were produced in house. Mayor Pro TOM Silas Said he was personally acquainted with all three of the local counsel of all three firms and considered all of the attorneys to be personal friends. On roll vote Cott, "nay", Brock "aye", Miller "eye", Castleberry "nay", Silas "aye", Young "nay", Krueger "aye". Motion passed with a 4-3 vote. 2. Council received a report and gave staff direction regarding renewing hotel occupancy tax recipient contracts. Jon Fortune, Chief Finance Officer reminded the Council that staff made a presentation made at the May 23 meeting regarding the process to the current contract with hotel occupancy recipients. j At that time Council asked that staff come back for further discussion. Fortune referenced the back up items presented to Council. First, t.e referenced the memorandum dated February 15 which was sent to tiie hotel occupancy subcommittee appointed last year to study in depth the distribution and allocation of the hotel occupancy tax. That committee consisted of Mayor Castleberry, Council Member Brock, and Council Member P:,rry. The memorandum described the five year history of the allocation of the revenue source. He said prior to 1991-92 there was approximately $.Ol distributed to the Greater Denton Arts Council building fund. It was determined that particular allocation was an inappropriate use of the funds. A decision was made that the City would continue paying the Greater Denton Arts Council building fund out of the General Fund. Tiie City would then use the hotel occupancy funds previously given to the Arts Council for eligible activities that would promote tourism in the City. The second backup item he • referenced was the subcommittee's recommendation to the Council, dated February 22. The third memo reconciled the subcommittee's recommendation and the motion made the evening of that recommendation. He said that was how Staff ended up with the contracts they had, The final attachment was a memorandum from the external auditor in which he addressed the issue of budgeting for hotel occupancy tax funds. The current contract expired in • September 1995. Fortune said staff's primary reason for coming • back to Council was to get further direction regarding renewing the contracts for October 1, 1995. Fortune said he needed three pieces of information from the Council prior to coming back with the actual contracts. He reminded Council that each recipient recommended would have to make budget presentation in late July • O • c~ • t goo 4) +~endajt S Z City of Denton City Council Minutes June 13, 1995 •7 Page 15 early August. Fortune asked Council for direction on which organizations should be funded next year. He said those currently funded include the Chamber of Commerce, the Greater Denton Arts Council, North Texas State Fair Association, and Denton County Historic Foundation. Several other organizations made a request for funds in the past year but were not recommended by the hotel occupancy subcommittee. Fortune also asked what type of funding scenario Council would like to pursue. He referenced a graph from the back up material and said the graph looked at the current budget and the allocation of the total $504,000 that each recipient received. Fortune said it was anticipated that $546,000 would be received in 1995 from hotel occupancy funds. That estimate was derived from taking 51 growth over the prior year actual receipts. He said if Council were to keep the current year allocation percentage based upon next year's projection, there would be actual Increases for each of the recipients. Fortune also asked for direction on the length of the contract term. Previous contracts were for terms of 4 years. He reminded Council there was also a 6 month contract that expired September 30. Council Member Krueger asked that Fortune review his first question in detail. Fortune commented that there were 5 contracts with organizations to receive hotel occupancy funding which would expire September 30. He said staff was looking for direction from Council as to whether they would like to continue a contract with that group of five recipients, add to those recipients, or have some other proposal for funding. Council Member Krueger presented a proposal he felt would allow for expansion of the Lalor funds to be spent and spread among more people and still maintain current budget for the S recipients and perhaps allow for some increase and expansion of the recipients in funds. He said the back up material showed in 1990 and 1991 how the 78 hotel occupancy was distributed. He said 34 went to the Convention and Visitors Bureau, 11 to GDAC Operations, 11 to GDAC • building fund, .888 to Denton County Historical Museum .121 to Denton County Historic Foundation and 11 to North Texas State Fairgrounds. Subsequently, that was changed and based upon a different allocation, those allocations being the Chamber of Commerce which dropped 158 from 3.08 to 2.858, GDAC lost 11 because of the building fund, Denton County Historical Museum went from .881 to 841, Denton County Historical Foundation went from .121 to • .118 and the North Texas State Fair Association was at 1.01 and • • dropped to .958. He said he had a serious problem with placing a cap on any of the allocations. His philosophy was that none of the groups should be penalized for doing their job and getting the mo-.,•; out and promoting the City of Denton but he also felt it needed to be expanded. He said if Council looked at staff's a, • 2 ~4gendal$ '95 City of Denton City Council Minutes 1601 p J June 13, 1995 Page 16 recommendation for fiscal budget 1995-96 there was a 54 projected increased in taxes. Krueger presented a formula designed to expand the program. He said for instance, the Chamber of Commerce was expected to receive $17,000 more in 1995-96. You could take their current tax rate allocation of 2.854 and reduce it to a 2.74 - 2.754 and they would still maintain as much as they made in 1994-95 and $300 - $400 more. He said the GDAC allocation could also be reduced from 1.04 to .95% or .984 and they would still receive more money than the previous year. He said he did not touch the Denton County Historical Foundation because they had such a small amount to begin with or any of the other eligible city expenses. He took a certain percentage off the top three allocations which would increase the participation of another entity to promote the City of Denton and also to promote tourism and fill the hotels which would increase the number percentage by which the budget was determined without decreasing the amount of current revenue of any entity they had so far. That was an approach that did not place a burden or a cap on any one of the original recipients. Secondly, it provided and incentive for them to go out and market and fill the hotels. Thirdly, it provided an incentive and market for other entities like the Main Street Program, for example, to get actively involved and try to get some of the funds. Krueger said it was a win/win situation for the Council and all of the other entities involved. He said it also allowed for the reserves to grow because the more people in it and participating the more tourism and filled hotels, the eligible expense from the city goes up. Krueger asked that the Council consider his proposal. Council Member Cott felt Krueger was headed in basically the right direction. Cott explained that the hotels and motels all over the State of Texas which paid a bed tax. That bed tax was allowed to be used by the local jurisdiction for anything that promoted tourism. He said the problem he saw was that all over the State the way the number was chosen was so capricious that the hotels and motels should organize and say give back the money and they would do tha job themselves. He said some people did that with the electricity companies. He suggested that Council set p a formula • to stick by and then do what Council Member Krueger suggested. Krueger said the proposal was basically a declining formula. By dropping each entity, over the years their whole dollars would continue to increase and the economy would grow allowing in another two years to drop another percentage to add other entities. • Council Member Brock responded to Council Member Cott's comments • + 1 that the hotels and motels were paying the tax. She said they did not pay the tax, the people who stayed in the hotels and motels paid the tax and it went to the State and then the State allocated a certain percentage to localities. She asked the Attorney to clarify the ordinance regarding the expenditure of the taxes. • +gandaft 40"d a I trM&L. We JLIE:~~ City of Denton City Council Minutes J71~y June 13, 1995 7J Page 17 Herb Prouty, City Attorney, asked Mike Bucek, Senior Assistant City Attorney, to respond and discuss that provision of the ordinance. Bucek said it allowed li for the arts and there was no requirement about did that bring in tourism. The presumption was that arts would' do that and there was no criteria that required it. Mayor Pro Tem Biles said as a pro bono action he represented all of the contractual recipients with the exception of the North Texas State Fair at the inception of the very first contracts negotiated with the then City Attorney Debra Drayovitch. He said the tax was by design an incentive. The harder the Convention and Visitor's Bureau worked to bring outside folks in to Denton, the more hotel motel occupancy tax would be paid. As a result, the revenue to the Convention's and Visitors Bureau went up. He said it was the american way, the harder you work the more successful you were the more fruits of your labor you should be able to enjoy. He segid that applied to all of the recipients. Biles said he was In%• .(Jd in downtown Denton issues and a strong supporter of the Do.-town area since the day he roturned to the City of Denton. For every dollar that the City of Denton put in to Downtown, there was a return on that investment of 23 to 1. He said there was no other entity in the City of Denton that had that kind of return on investment. He said although he participated with each ind every one of the organizations and had close relationships with number of them, he said the Denton Central Business District Ase le ion- the Main Street program far out shadowed and out pert, and the other organizations in terms of raw dollars brought in to gyn. As for the issue of what entity should be funded, an entity a. uld be added to the list because of its proven performance was th )enton Central Business District Association-the private sector rtner with the municipally funded Main Street program. Mayor Castleberry restated Fortune'a questions. The first quest._: was which agencies. He suggested that Council open it to everyone that would like to make a presentation. • Krueger said that was fine with him. He thought the adoption of the tax rate allocation would formulate much more if they adopted his proposal. To add more people on wouli necessitate some type of an adoption of what he was laying out. He said he did not want to place a burden on the people they already had because he believed they were doing an excellent job promoting Denton and filling hotels. He thought at the bare min?.mum they should receive the • same amount they had last year. He felt Council should be in • accord and agree to that before they started adding people. Council Member Brock wanted to be sure she was clear on Krueger's proposal. She asked if he was saying they should reduce the present percentages each agency received slightly so that if the 4s► W*NO Agandalte~tr.S' ane - 9s City of Denton City Council Minutes JOS June 13, 1995 Page 18 projected 51 increase was met, they would actually get more even though their percentage of the total was less. Council Member Miller thought It made sense to continue funding the one they had and maybe in the next year or so look at other agencies. He agreed about the downtown association but was not sure they had enough time to make the right decision. He suggested leaving the rate they paid the same for those organizations, look at the budget staff presented which would give each organization an increase and look at that as the new cap. If the 51 was exceeded that amount would accrue to the reserve. That cap would remain for a two year period so if there was another 51 increase next year, there would be another $42,000. That way Council could see what kind of experience they were having under that kind of scenario. That would be in keeping with what they said to the agencies as to why the item was being deferred at that time. Miller also isponded to Council Member Krueger's comment abr t keeping the al: ..ion for Denton County Historical Fou^ zion the same. He se' the committee recommended that it be cut n half because there v,L a feeling that over a two year period that perhaps it would be iminated. He asked that the Council coasi er that approach. Krueger said he did not believe that any k' J of cap to any of the organizations was any kind of economic ino, aive. He said that the sky wart the limit. If they filled up eve uotel in Denton at 1001 occuy.ncy they should receive well over ,4OOC. He said th.t was incr hive. If they decided to put a ki• d of cap on those organizations they would be cutting their !41 throats in the long run. He said he was not privy to the cop :.ee informatir i about the Historical Foundation. He said you c I pick any 10 ~,itities and still felt the numbers ought to be same. They should reflect a reduction and an expansion to allt. j+re entities to come and promote the City of Denton. If they wai'.e 'In mo* ars they ..sited two years too late. Krueger said if _ xpanded and allowed a new entity to come in and in 2 yearn allow another entity to come in and promote the City of Denton until they run out of entities, they would be far better off because they still had no ceiling. Council Member Cott refereed to the source of the money which was the traveler in the hotel and the fact that most hotels like the Raddison would rather have the money for themselves to work with. He said as the Council added new agencies that could use the j money, he believed they needed financial standards because he did • not feel the hotel and motels wanted to be venture capitalists. They did not want to put a new type of organization in to business over a 5 to 7 to 9 year period. They wanted to get instant people into their hotel. He believed that it was Coulcil's job to not a standard by which organizations could get in and use the money. 4 • i "who A~G21i City of Denton City Council Minutes June 13, 1995 Page 19 Biles said his example of the Main Street program was among those leading the community in setting the standard with the organizations they had and the number of proven participants in their activities. He said the Visioning process was nearing conclusion and the Fantus report was receiving action by the Council. He said the City was growing and if they waited for two more years to review who the recipients were they would have by passed many golden opportunities. Bales said it was time for them to ensure they had full participation and took full advantage of the opportunities. Biles respectfully submitted that they add to Staff's list the Denton Central Business District Association. He said if it was the pleasure of the Council that they reopen to those entities that met the standards, as Cott suggested, and statutory criteria by bringing folks in from outside the City of Denton to fill hotel beds and possibly build more hotel beds, that was what they needed to do. He disagreed with Miller that thay shout' stic; with the fivr -,tribe ai aft another 2 yea = He urq his positicn that Denton was a growing City and needed to u%d% rstand that a numbers presented by Fortune showed an increase that if they k•. t the percentage the same the Conve:~t~on and ''isitors Bureau .~iuld have an :ddtt?-)nal $17,077. If t y could :ake that increma.ital increase, give it to the Main Strei program •F&at brings thousands of people into Denton they then Id have ore money to market their events more intensely to bring en more oney in so everyone would receives a-i increase. Castleberry asked Biles if was saying that it ould be ad that any group that would a to be considered r Lalor ~Jj4js to be a 'a to come beo i the Council an make a oresentation. Bil 1 responds, as, if they had ao ionstrable compliant filth the sta. ..is and they .g people fr " City He said because they had filled the percentage on arLS they would be talking about pure to-rism. He did not feel that would present much of a delay since ti..ay could fast track the process. • Mayor Castleberry asked if he was saying that the current recipients would make a presentation plus any other entity that wanted to come and make a presentation. Biles said he agreed with Miller that the five entities they had before needed to continue receiving funding. He understood the • justification for the reduction on the Denton County Historical • • Foundation and did not have a problem with that. He said he was talking about adding other entities. Council Member Brock suggested that the three new Council receive the application materials from the current recipients and those a, • Ag1~diNo. 9 42 9 APWaltw S 2 (wr r City of Denton City Council Minutes ~w d June 13, 1995 Zd 0 ~s Page 20 applying to be added to the list so they would not necessarily have to open up and have presentations. Mayor Castleberry thought if the process was opened to one it should be opened to anybody. Biles said if the Council was provided an opportunity to review and reconsider those earlier applicants in addition to the five that would probably expedite the process. He said that was not making it wide open but just to those who presented to the subcommittee. City Manager Harrell commented on Council Member Krueger's suggestion an a point of information that they need to be working towards. He said a couple of years ago the state law was changed so that the City Council had to formally approve the budget for each of t;ie organizations they funded. He said it would seem prudent if COL. follo,*ed hJs pr,. dl they wou :mulUt_ a contract with the Chambar of Comme+se Convention sad Visitor; B`sreau, for example, that raid thf- would get 40t or whatever the p.arcentage w.>a, of the hoto motel tar or "X" amount whichever was lass. He sa at some point they wou'd he. to give the agency collar budge for t? Council to a, ~rovs He out rested that Council cou get to ti ere he wanted ~ go they a old have to plug in a c, u: ar '`it would e^ome a bud( t for that organization. ;ncil Memba Krueg._ said found i' -ange at he law wa nterpreted f'.fferent way from one y to the nt He said i' hat was thb y the law was iritten h was not a% it was what t was writt for. He fe ; strong) against pk g a cap or nything anc id not feel t y were b. ig realistic they triee a put a 14R nr )ver wh► 1+4y really jught wove, happen ilecte dales tax L:,en allo,. did the law requJre them to give back. { Harrell zasponded no but they were not permitted to spend it. He 1 said if the money was not budgeted and allocated it would be rolled A over and becomes part of the fund balance for the next year. Krueger said the next year t:Aoy could buda it to ape-d. Harrell said he was not trying to take issue with where he wanted to go but was trying to help Council get there. t Krueger asked if they had an Attorney General's opinion on the law. Mayor Pro Tem Biles said the objective the statute was written upon was that those recipients of the money could either die by the sword or be victorious with the sword, If they were to blow it when they used the dollars, their revenue would go down and they • • 'gentle No 9 5 - ggepdai pate ' / S City of Denton City Council Minutes S 3 June 13, 1995 Page 21 would have fewer dollars to spend on marketing to bring folks in from out of town. If they were successful and numbers were going up, they would have more dollars and benefit from more and more dollars. If Council adopted a budget that had a fixed dollar amount on it and the organizations could not exceed that, they would have no incentive to work harder. Giles said he knew prior Councils had a concern with reserves and how money had been spent. He said those were statutory concerns. What they were talking about was were they operating on the incentive that the statute had built. If they worked harder and were more successful, they should reap the benefits and be able to use the extra money. If the City Attorney advised Council they had to have a fixed dollar and they could not exceed that dollar amount in the budget year, it would make him mad if any excess revenue generated as the result of the hard work of the contractual recipients was turned over to _ne City to spend on whatever. Instead it would be used for what the str....._ r•14 it ought to be us for, to bring tourist d< llars into the City, said he did not t government with hi$ '.ax dollars and if he M going to spend lht in a hotel bed he wanted the hotel tax to +e used for the p+ nose. Cott said t* supplier of t 3 moi said be careft ' with my money matter At you spend on. as sure it we used to bring hcople i. the City but ! not do not spend it. Harrell said everyone wai itruoglln n be legal y+ -t get where Silos articulated. He at 00 ',e Ck iil proceed by saying they want "X" percentage ar, tha pure( age shoulr. all of the agencies and the City Alecto more in that V the agencies should get more the the amo; rimated f the fixed percentage. He thou it was p Inc- 'y legal ab Nng as they reconnized they cool rrv that over ',he next y6 In oth •,s, Council adop get bau. 5% increase . the Chamber would get 408 of the amount. If the estimate was low and, the amount grew by 88 instead of 5%, then the following year when Council starts the budgeting process for the Chamber, they would get credit for the axtra 31 collected the last year and then • allocate 40% of the estimate for the following year. As long as Coun-'.l was comfortable that was doable. 1 Krueger said that was not a cap. He said budgetary wise they may need to put a blanket coverage on it but as long as that was known by all the entities involved that was acceptable. • Siles said if instead they made 8i instead of 5/ the extra 3% • r profit would be allocated the following year according to the contract that was in place during the year the money was earned so the entities would have the incentive to work harder the next year. Harrell felt the contracts could be set up that way. ~'i 0 as • Agartda~~--r. City of Denton City Council Minutes S s June 13, 1995 Page 22 Krueger said to Council Member Cott that it was not the hotel's money that they were spending. It was the citizen's money. it was not about a hotel being filled. He said it was e'>out filling the hotel. Cott said he accepted the fact that it was about filling the hotel but it was also about some company investing money, putting up a building, buying sheets and pillow cases and saying to itself, "we got stuck with this thing somehow and the City of Denton is playing i around with our money. We would like to get it back. Maybe what we should do is get 1000 hotels in the state". Council Member Miller said he heard what was said about the incentives. Hopefully, they were contracting with responsible organizations. What they were looking at was how much they had to budget. In most cases that money was just a part of their budgets and he did not feel that any of the organizations would say because :hey got $200,000 that year, they would stop working because they would not get any more money. Secondly, he said the broad purpose was to bring tourists into the City but dared say that the 2 universities accounted for as much of the hotel business as any other organization in terms of bringing it in. He could not fully accept that it would automatically be increased by that amount. He thought that whatever direction the Council went If they were going to may reduce the rate and say to them if you work you got as much or more, Council should sit down with each organization because some assumptions were made before that did not go over very well. He said he was willing to listen but did not buy the Idea that it had to be done for each of the organizations to be responsible and to bring tourists into the City. Mayor Castleberry pointed out that he previously served on the committee and the Historical Foundation was reduced because they thought they were sitting on too large a reserve. The Convention Bureau was sitting on $200,000 reserve. He asked which agencies would be funded from the Lalor fund, the ones currently receiving it, or to open it to everyone. 1's asked if it were opened to everyone did Council want to use the backup material without having presentations. Council Member Biles motioned to address the issue of continued funding for the current five contractual entities and for staff to bring to Council the written materials previously submitted and that it be limited in scope to those entities. He also asked that Staff come back to Council with the necessary backup for each r contractual entity to receive a percentage allocation of the total ;.07 tax revenue with a dollar budget established for each of the contractual entities with a provision that if the dollar budget was exceeded for the contractual year those monies were to be held over for the next contractual year and must be allocated back to the r.'r5ricu l++` r 0 w 0 F yenoaNo, 95 ,gendai y ! City of Denton City Council Minutes 239'8 3 June 13, 1995 Page 23 same entities with the same tax rate allocation. The third part of the motion was for a two-year contract effective October 11 1995. Council Member Krueger seconded the motion. Council Member Young asked if the Black Chamber of Commerce and the Hispanic Chamber of Commerce were qualified to receive some of the funds. Mayor Castleberry said if they had a convention bureau they would probably qualify. Bucek said under the statute Council was enabled to have a Conventions and Visitors Bureau and Council had elected to have the Chamber of Commerce perform that function. For the remaining funds Council would pick out what they thought would encourage tourism. There was a limit of ¢.01 for the arts and the rest would be allocated among groups that provide a budget saying they would do these things to encourage tourism. He said the Black Chamber of Commerce could present an event that would bring tourism in and Council could consider it. At the point Staff went through the process there was no response from either organization of having an ev^nt like that to encourage tourism. In the realm of possibility he said it could exist. Young said he wanted to see the Council add them to the list. Bucek said there was no presentation received from them. When the process was opened up there was no movement by them to show that kind of event. The normal circumstance of a chamber of commerce was to bring business in. He said they would have to have a tourism type program in order for them to bid to do that. He was not aware that they had such a program and asked Council Member Young if he knew that they did. Young said at a recent meeting at ;:he Martin Luther King, Jr. Center, Reverend Chew and Herman Wesley were discussing that and 0 putting together a package. He felt that the Council should do what they could to help those chambers because they were interested in drawing people into Denton. He said they had the same interest as the other chamber and he thought Council should consider them. Cott asked Fortune when the next report would be. 0 Fortune responded that staff was hoping to receive direction so they could come back. at Council's will. Cott asked if it would be possible to leave those two pieces open and if they got in fine. In terms of presenting a report they would need to do it under the Council's format. 5 • w • City of Denton City Council Minutes ZLr. $ 3 June 13, 1945 Page 24 Mayor Castleberry asked Prouty for his comments. Prouty said the points made on the two organizations by Council Member Young would probably go under the first part of Silos' motion that it should be limited to the written materials previously extended. He said to include the Black and Hispanic Chambers of Commerce that part of the motion would need to be amended to either extend the period in which written materials could be received or to open it up to allow those organizations to make written presentations. Council Member Brock mentioned to Council Member Young that the Conventions and Visitors Bureau was housed within the Chamber of Commerce but it was a separate entity. She said in some cities she had discovered the Convention and Visitor's Bureau was housed by the city. In other cities it was not apart of the city government or chamber of commerce. It was a free standing entity. In fact in Fort Worth it was a free standing entity and they receive all of he hotel motel tax. She said the Chamber did not use any of those funds for their own operations. It just so happened that they took on the responsibility of organizing the Convention and Visitors Bureau. Cott said Council may not come back for two weeks and they needed to understand the rules. He suggested that it be left open for them and if they got in with a package done the proper way like all the others they should be judged like everyone else. Council Member Biles declined to amend the motion for the reason that the backup was misleading. He said it was not the Chamber of Commerce but the Convention and Visitor's Bureau. He said it was a self sustaining entity that had it's own budget. The money was not received nor spent by the Chamber of Commerce. He did not want l any one to misperceive his motivations on why he declined to accept the amendment In that there was only one convention and visitors bureau in Denton. He thought Miller made an excellent point in that Council needed to expedite the process. They currently had • five qualified recipients and those that had previously made presentations and were likewise qualified. He suggested to Council Member Young that when the Black and Hispanic Chamber of Commerce formally establish a convention and visitors bureau type function that it would then be time to come to the table with that. He felt Council needed to make progress with those to the point where they could vote on it at the next meeting. Young said they had plans just like the other Chamber of Commerce. They had their own travelers bureau. He said Reverend Chew was talking about bringing the Black Baptist Church Union to Denton. He asked that the council. give them a chance to come make a presentation and be on the same field with everyone else. • • Vw*No. 4S' Agendaltem Date S City of Denton City Council Minutes Z June 13, 1995 Page 25 Council Member Young motioned, Cott seconded to amend Biles motion. On roll vote Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye", Silos "nay", Young "aye", Krueger "aye". Motion carried with a 6-1 vote. Council Member Miller asked for clarification on the main notion. He thought they were to move ahead with the five there and receive information from a number of other organizations and make determinations during the current budget cycle. Biles said he understood that they had to visit the contract issue and have them in place by September ?0 and have their into effect October 1. Miller asked what was the intent of the motion. Biles responded that the motion's intent was to aa7e everythJol in place and signed by October 1. Miller said the second part of the motion had to do with the ix rate allocation. He did not hear any numbers for that. Biles said they did not know how many entit.•s there woult be o they could not yet establish numbers. Miller wanted to know i it was conceivable ti f there were jr 5 more entities the Convention and Viaitorla sau could go )m 2.85% to 2.5%. Biles responded that conceivably given the lo, Council .bi r Krueger presented he did not anticipate that bei the case each of the present five contractual entities would .ve an increase in funding over last year. Miller asked if he was making a determination that they would receive an increase. • Biles said the motion was trying to resolve how tc arrive at a legal answer to allowing the incentive to remain in place. He said that was by having a percentage allocation subject co a dollar budget but allowing the excess revenue to be reserved over back in the same proportion to the same entity. • Miller said that was answered but wanted to go back to the • 10 percentage. ✓ Krueger said his specific recommendation was that each Lalor recipient would maintain or better their current dollar receipt in effect by lowering each tax allocated deal you could add one or two • • let} S 1 City of Denton City Council Minutes Z 4 8 3 June 13, 1995 Page 26 depending on how much you wanted them to receive but not to be any more than what was equal to or more than what they received in the previous year. He said every Saturday morning for the past 12 years he got up at 5130 to deliver mail for the U. S. Government and got paid for 9.5 hours. He said it took about 6 hours to do it but he still got paid for 9 and that was called incentive. Miller said he understood incentives and understood the way those organizations worked. He said they were in there day in and day out to provide a service to the community. Mayor Castleberry said a motion was made and amended which would include additional entities. Biles said his motion was that it was pre* ture to establish amounts If they were going to allow other ent' on. Therefore, the way he answered Fn-tune's second question i to how much funding each -cipient receive, was to direct taff to achie• a method ogy of allocation that a percentaga , location of thi, tal tax be wr' `An into the contract based >n an anticipcr t 5i increa over previous year, He point again to page ' the June 9 nemo. Cott coiled fo_ question, Mayor Castleberry :id the motion h?d been amended to ih additional agencis the exis~.ing re( .ants would receive th, current level plus ve percent. Biles said his mot a was that staf repare the necessary backup for council to co, der. After thv ie ,ided the following week or two weeks how me recipients the, ould come back to decide the perv^"tages. Mayor Castleberry said at first es did not say that. He asxed if he was changing the motion. • Biles responded that he was not at all changing the motion. He said he had not yet ever established a percentage or dollar amount. Rather he was attempting to cl..rify the discussion of the last several weeks. 1 Mayor Castleberry asked if it was wide open. He said he wanted everyone to understand what they were voting for or against. 1 Biles said his motion did not establish a percentage allocation nor did it establish a dollar budget. Rather it directs staff to ascertain that it was a workable formula. It was a different type of formula than had been used in the past and it was also different than the formula that had most recently been included in Council i i Vida A4W&l X6 qS~- City of Denton City Council Minutes 27 p June 13, 1995 Page 27 backup. He asked that the City A°torney and the Finance Department come back to Council to verify that it was an appropriate methodology in arriving at he contracts. He said the third point was for a 2 year contract. On roll vote Cott, "aye", Brock "aye", Miller "nay", Castleberry "aye", Biles "aye", Young "aye", Krueger "aye". Motion carried with a 6-1 vote. 3. Council held a discussion and gave staff direction regarding appointment of Blue Ribbon CIP Committee. City Manager Harrell said Council Member Brock asked that the item be placed on the agenda for discussion. He said Staff was almost completely out of approved projects for CIP funding. The last major bond issue as a City for CIP Projects was approved in December of 1986. At that time it was to be a 5 year Capital Improvement Program. Because at that time the Council made a pledge to the voters that it would be funded as a no tax increase bond issue they actually stretched out the program until the current fiscal year. He said so a 5 year program turned into an 8 or 9 year program. Harrell said Staff was now at the point of exhausting virtually all authority for capital improvements except a few minor street projects. He said in 1986 the Council, in preparing to go to the voters with a CIP program, recognized that to be successful thay needed to have substantial citizen involvement, a lot of people had to have an opportunity to have input into the process and to finalize the package that the Council would submit to the voters for consideration. At that time the Council, in July of 1986, started the process of formulating a 50 member CIP Committee very diversified throughout the community that started with the recommended 5 year CIP but then conducted hearings, did investigations, defined and reshaped the 5 year program and came back to the Council with a recommendation of the package that would be submitted to the voters for consideration. He said as they contemplated how to get to the point of having a CIP the one thing he wanted to mention to the Council was if they were going to go through a broad based citizen procedure they needed to let themselves have at least about a 6 month period of time from the time they began formulation of the committee until the election. He said about all of that time would be needed to get ready to go to the voters. He also mentioned that one of the j somewhat complicated factors was that the Visioning project that should be ready for presentation near the end of September. • Harrell said they might went to have the timing such that the committee could consider the Visioning projects along with the other projects that were listed in the CIP. Council Member Brock sail they were really at the preliminary decision stage and they neaded to get an idea of whether they want t{tl„ub~v9S UZ9.. . ~geimaitan 2 Bade g Ales City of Denton City Council Minutes Z g June 13, 1995 0 Page 28 t^ take that approach. She said it was very successful in the last bond issue which was after the voters had turned down a public improvement bond issue. She said they had not had the input of formulating them or selling them. As a result, she said the streets were much worse than they currently were. She said the city administration at that time made the decision that they wer& going to get a bond issue through so they did not allocate a lot of funds In the regular maintenance funds but that was a major issue with citizens on the committee. Because it was such a broad based committee that represented many different elements in the community, they worked very hard at listening to the community needs and what the priorities should be. Once the recommendations were accepted by the City Council that committee took on the responsibility of selling the program to the voters so it passed handily. She said since that system worked very well, she consistently wanted to get a lot of citizen involvement in that kind of decision making when they were spending peoples money. She recommended that a similar procedure ba instituted and that Council begin making some decisions about whether they would have a committee, what size it should be, how many members each Council Member would appoint and that sort of thing. Cott asked if they had to be citizen's of Denton. Mayor Castleberry responded yes. Biles said before Council made any move on the decision he wanted more information about not only that particular committee but al3j the bond process. He asked for more details on the determination of what goes in to the bond issue, who would make the decision, what kinds of bonds, what was the correlation between the bond issues and the CIP. He said Manager Harrell brought forth a poignant concern and that was the timing with Vision. He did not want to leave out the timing of the Fantus report. He was concerned about the informational process on the CIP. With the Fantus, CIP, Vision and that process he wanted to have a lot more information before making any decisions. • Castleberry asked if Biles wanted Staff to bring back to the Council numbers that were used before in a workshop session. Biles said that would be excellent, Council Member Young asked if the committee had already been • chosen, • Castleberry responded no. Young wanted to know who would pick the people for the committee. i ~ i • • ApOl Dek g' ~ " clS City of Denton City Council Minutes 2 a/ ~3 June 13, 1995 QU Page 29 Castleberry responded that the Council would decide how many people each Council Member could appoint. He asked if it was satisfactory with everyone that the itom b~v placed on a workshop agenda with appropriate back up material. There was a -onsensus. 4. Council received a report and gave staff direction concerning noise control measures for contractors. Council Member Kruar,.r said he asked that the item be placed on the agenda because it hau been brought to his attention by several contractors. He read a recommendation by Council Member Biles that was very appropriate. It was for an administrative stamp of approval if certain criteria were met. He felt the noise ordinance currently in place was an undue burden on contractors during the months of June, July, and August when it was hot and when it was unbearable at the hours of 12 noon and 1100 P.M. Krueger said when a man with a business starts pouring a slab at 7100 a.m. he may not be through until 2:00 or 3:00 in the afternoon when it was unbearable. He said if he could get started at 6:00 a.m. the heavy work would be done by the heat hours and the finishing work was underway. He felt there needed to be some flexibility rather than having to go through the whole process of the contractor having to know weeks in advance and come to the Council for a variance. He thought there should be something in place where the City Manager or city staff could give a quick administrative approval to speed up the process and help the businesses that earn and spend money in Denton. Mayor Castleberry asked Krueger if he wanted to tie in into daylight savings time. Krueger said daylight savings time was a little long. He thought it applied just to the summer months and that was all the contractors were asking for. i • Biles asked if otaff would come back with an analysis of the j issues. He said there were several sub issues. First, whether it would go from 7:00 a.m. to 6:00 a.m on whether it would go from 8:00 p.m. or 8:30 p.m. to later in the evening. Was that something the City Manager could address in terms of an administrative process or was something the City Manager and staff would feel more appropriate for the variance tc be brought to Council. Secondly, , ® he wanted to know if there was a way to strenmline the process and • • as the Mayor said was daylight savings time a valid criteria. He said for example, he would not think it would be appropriate that a variance be granted under most circumstances for a loud construction at 6:00 a.m. on Scripture. However, there were wide expansions along University Drive in District 3 where no one would • • w • AaAa No AgWalustolr-L Date %t:.z City of Denton City Council Minutes 3~ d $3 June 13, 1995 D Page 30 hear the noise. Further tip north along the highway by Texas Instruments there was half mile to a mile to the nearest resident so there was no problem with a variance on the time, early morning or late evening. He said he was looking at a more efficient use of the City's time as well as the developer's time. He said it was much easier to get good, quality work done in the morning because by mid afternoon it was just too hot to work. He asked Harrell in what ways could they ask Staff to come back to give Council ideas on pursuing the issue. Harrell responded that the Building inspection Staff and others involved could get together to brain storm and see if there might be some suggestions they could frame to meet the flexibility Krueger mentioned while being conscious of the neighborhood integrity. He said staff would also do a survey of surrounding communities that may have addressed the problem also to see how they might have approached it. He felt that might also prompt some good ideas. Harrell said if Council wanted Staff to do further research there were ways to do that and if they wanted to pursue a specific ordinance they would have more information to do that. Biles said in that process, objective criteria, such as the Mayor's suggestion of daylight savings time, relation to zoning, and minimum distance from an established residence would be helpful. Young said he used to be in the concrete business. He said you really have to start early in the winter too because after a certain temperature the concrete ruins. He said they did not need to just focus on the summer months when it was hot and people were trying to keep from getting heat strokes. Young said there were a lot of big projects that go on in the winter. He said it also took so many hours to lay it out and then to finish it. There was consensus among the Council to send the issue back to staff. 5. Council received a report and gave staff direction concerning • alcohol prohibition and curfew for Fred Moore Park. City Manager Harrell introduced the item and directed comments especially to the new Council Members regarding the Council's adopted working procedures so they would understand how staff dealt with particular issues. He said agenda items 31 4, and 5 were items that an individual Council Member specifically asked be placed on a future agenda. According to the Council's adopted work • policy, any City Council Member had a right to place any item on a Council agenda. However, staff had also been directed that they were to do very minimal work on a specific request that had been forwarded by a particular Council person until that item could be placed on a work session and then Council as a whole would give ~r • d d.`/ ; ra 0 915 4 Ageadal Oete ~ / - City of Denton City Council Minutes June 13, 1995 Page 31 Staff direction as to what additional work, research, information they wanted gathered to make a final decision. He said that was to make sure staff did not spend a lot of research time working on an issue the majority of the Council was not interested in pursuing. He said the three items 3, 4, and 5 all fell under that category where Staff had done fairly minimal research just to introduce the subject so the Council could have an opportunity to discuss it as a group and give direction on what to do further. Harrell said item 5 was asked for by Council Member Young. Council Member Young said when he was running for Council it was expressed to him by a lot of people that if you could drink in one park why could they not drink in their park. He said he was asked to do something about that if he won. Young said he knew alcohol was a controversial issue but by being controversial it would draw a lot of interest. He campaigned for more citizen participation and Council Member Cott told him that was the most citizen participation he had seen since he had been up there. Young said that part was working. Having been elected, no matter how he felt about the issue, to be right an honorable towards to the people that elected him he had to bring the issue up. He said when the issue came up there was a focus on Fred Moore Park and District 1. Out of that came a realization that Fred Moore Park needed a new rest room, would get more picnic tables, a new pavilion, more trash barrels, more playground equipment, electricity on the northeast corner, and portable rest rooms for June 19. He said there was $300,000 set for parks and Fred Moore Park would get a lot of that. Council Members also looked at Pecan Creek, Willow Creek, and extension of Newton Street. Young said Council Members got out and walked it that was something that did not usually happen in Denton but they drew the interest. Young said it looked like Carl Young was the guy to bring alcohol to Fred Moore Park it was not the truth. Council Member Young motioned to keep the 10:00 curfew, to ban alcohol at all Parks, also on special events like June 19th for there to be a variance so groups could come before Council for a variance so they could drink alcohol. Young added that you could not bring bottles, it would have to be plastic or cans. He wanted everyone to understand that Carl Young would not be scared to get on controversial issues because he would take them head on. He said there had been a real good look at Fred Moore Park. The eyes and ears had been on Fred Moore Pari; and its problems. He said as far as the COPS Program, it was a groat program. It got rid of the drug dealers but what they found out from the people that said they were being harassed was that the design of the COPS program was designed for having black officers in the black area and hispanic w officers in the hispanic area. When you have just white officers enforcing, resentment builds. He said then the people start disrespecting the police and the police start disrespecting the police. He said it was all human nature. Young said you then have a persor, saying the policeman was picking on him because he was • p • I City of Denton City Council Minutes GX June 13, 1995 (J Page 32 black and the policeman saying he's trying to protect him and he disrespected him. At that point you had people talking about harassment. Whether it was harassment or not, Young said people said that to him so as a leader he had to address It for everyone. He said he wanted everyone to understand that he was not against the COPS program but Council needed to take a look at all of the concerns of other people in District 1. Mayor Castleberry asked for clarification on the motion. He said the motion was that the curfew be the same for all parks in the City. Young said it was a thing of equality. He said now there was no alcohol in any park. Biles seconded the motion. Miller mentioned a couple of issues. First, he said there were number of parks where alcoholic consumption was not allowed and 13 of them were enumerated, the neighborhood parks. He said the parks where alcoholic beverages were allowed were the Civic Center Park, Mack Park, and North Lakes Park. He understood there ryas currently I discussion in Parks and Recreation that the Parks Department and Police Department look at alcohol consumption in 2 of those parks f because there were problems when there were softball games. He said there was a uniformed policy with the neighborhood parks and then the city wide parks. He said they also needed to get a recommendation for Dwsley and the new douth Lakes Park. Secondly, he said what ever they did, Council should refer the issue to the Parks Department and let the Parks Board study it. Thirdly, is was concerned that if Council said they would allow on special occasions alcoholic beverages in the neighborhood parks they would I have taken a back door approach to opening all of the parks for alcoholic consumption. Miller said currently with the noise ordinance they allow exceptions. He could not remember one occasion where the request was denied. He said once they allowed the first exception they had opened the door. He felt they should • keep the policy for the neighborhood parks and not open it up at all. He was willing to send it back to the Parks and Recreation Department look at the other issue. There may be times when any { group might like to go to the Civic Center Park and under proper supervision have alcohol in that environment. He did not think they should deny the whole city the opportunity to do that under controlled situations. But under no circumstances in neighborhood • parks should they allow alcoholic consumption. • Council Member Brock thanked all the people who turned up and sat through the other items. She hoped they learned a little about the way the City Government works. She also expressed appreciation for all those people who &%tended the NICE meeting. She said she would 0 0 r City of Denton City Council Minutes June 13, 1995 Page 33 not be able to vote for it because she felt it was a back door approach to getting alcohol in the neighborhood parks. She said if they did have that sort of getting special permission she thought if they wiped out general alcohol consumption in all parks then they could possibly have special permission to use it in those parks where it was already authorized. She could see various groups coming forward with requests and the Council would be charged with discrimination and even racism if they said the event was not legitimate or best for the community. She felt the approach would open Council up to all aorta of possible abuses. Brock was concerned to preserve the improvements that had been made in the park and the neighborhood. Brock said having a system where people could apply to have alcohol in the neighborhood parks was a step in the wrong direction. Council Member Cutt said the way they were was no different from any other way they could be. He motioned to amend the original motion and that it be turned over to the Parks Department for their recommendation to the Council. Biles seconded the amendment to the motion to send Council Member Young's recommendation to the Parks and Recreation Board. Young agreed with the motion to send his recommendation to the Parks Board. He did nut see where anyone would be charged with racism for granting the variance. He said it should be handled just like the Fair and the Fry Street Fair. After the first ;,ear Council could evaluate to see if there were any violations. He said you could monitor whatever .rganization used the park. One of the things Council could do when there was alcohol in the park was to have Police officers there. He said Council did discriminate against people who drank beer because they were being cut completely out. By getting per scion from the Council, they would have the change to review the groups. He said "x" number of Police Officers could be required. That way everyone would be protected and Council would not discriminate against the beer drinkers. i Mayor Castleberry asked Young if he was accepting the amendment. Young responded yes. Prouty clarified the motion. He said Young wanted alcohol banned at. all Parks and a variance to allow the service of alcohol for special events. Young said you would have to get Council permission then it would be up to the Council's discretion to have a certain number of police officers. • ~On • Otte I City of Denton City Council Minutes June 13, 1995 Page 34 Biles said it would be much more efficiently handled if they sent just the recommendation to the Parks Board that the 10100 curfew be maintained as it presently stands and ban alcohol in all parks but the variance procedure be there in place for all parks. He said the Parke Board could come back with a different recommendation but Council had given them some framework to work within. Brock wanted to be sure that It was clear that the motion Included a recommendation that would open all neighborhood parks to alcohol. She said it would require a variance and the City Council would have to vote on it but it would be opening up all neighborhood parks to consumption of alcohol. Young said only for special events. Mayor Castleberry commented that the Parks Board would be asked to consider the recommendation but they might come back with a different recommendation to the Council. Miller said that was the most unusual request he could remember sending to a board or commission. He said they had already given them the answer but wanted them to come back and tell Council that's not a good answer instead of saying "here is a situation, we want you to study it". He thought the purpose of tho motion was to open up the parks for alcoholic beverages. He was still very much opposed to that. He said he had heard from citizens all over the City the past 5 days, not just Southeast Denton. He did not think that was what they wanted. He said he could not vote for it in the form it was in. Young said as it was currently, you could -+Iready drink in parks. He said the motion was saying you could not drink in any park without City Council authorization. He said that was controlling who drinks and when they drink, it would give the Council control over alcohol consumption. Young said the City Council would not just let unresponsible people go in. He said the police would be there monitoring the whole situation. • Miller said he appreciated Young having his opinion and he was also entitled to his opinion. He thought that it would open up alcohol to all parks over a period of time. Miller said he could conceive of all kinds of events that Council would be hard pressed to turn down, • Krueger said he had witnessed the Council turn down noise • ordinances, variances and numerous things in the past. He agreed with Council Member Young that it was an avenue for organizations such as Juneteenth, the Arts Feet, Jazz Feat, Storytellers 1 Association or a family reunJon to go to a park. He said there was alcohol being drank in parks now. He said he had a conversation ni • s +pepdeNa. ~ ape~ula~ rate City of Denton City Council Minutes f a(d 3 June 13, 1995 v Page 35 with Council Member Young about that and he said if he wanted to go down to Avondale Park and have a beer lira could pour it in a cup and drink it. He said Young responded that if he did that in Fred Moore Park there would be 3 Police officers sniffing the cup. Krueger said what was good for the goose was good for the gander and the Council needed to make equality felt in Denton. If they were going to do that, alcohol needed to be banned in every park and make an allowance. He did not particularly feel Council needed to send it back to Parke and Recreation Board. He said they were elected to make those decisions and they should make It. He did not need anyone telling him. He said he would listen to advise and sometimes even take it. Council Member Broclr asked if there were currently 13 parks where consumption of alcohol was illegal It may be that it occurs but not with the sanction of the City Council. She said with the motion it would be legal under certain circumstances to consume alcohol in all parks. She said that sounded like opening it up. Bites responded that her comment was a mischaracterization of the motion. He said the motion was to send the issue as a frame work for consideration to the Parke and Recreation Board. He said they could come back with whatever recommendation. They could say no variances anywhere at anytime or recommend that they have alcohol 24 hours a day in every park created in the future. All the motion did was create an opportunity for the Board to consider the motion as a frame work. Biles felt that a number of council Members were missing the point. Council Member Young said he wanted Council to go ahead and make the vote to send the issue to Parke and Recreation Department and let them make the final decision. He said they were the ones with expertise. They would probably come back and may no alcohol in any park. Young commented that if that was what they recommended that was what he would accept. Mayor Castleberry mentioned that there had been some complaints about alcohol being used in North Lakes Park, particularly on the lake on Bonnie Brae. Cott said it would seem to him they should have 2 presentations, a zero drinking presentation which may be very costly and secondly, let them recommend those occasions when each park might open for alcohol and what it costs for police. Cott agreed with Miller and A Brock that it opened up the 13 parks that were not currently opened to alcohol. Young said the Parks and Recreation Board could come back with the 1 recommendation that those variances go only for the community parks. I a ~ ='y n Sri h(ty`~'~ i t~}~ • +sa tam 4gendsl City of Denton City Council Minutes J ~"D June 13, 1995 Page 36 Biles said that he received a number of telephone calla and letters from the people in District 3. They were concerned about McKenna Park which was a neighborhood park. They did not want any alcohol in the park at all. North Lakes allowed alcohol in most areas but there were a number of people concerned about alcohol in that park. He expressed concern with certain annual events at the parks. He said for instance the rugby club had annual events at North Lakes Park and for some reason rugby players really liked beer. If they came before Council with due consideration, if it was a well organized event, a responsible organization then they could ask for consideration to consume alcohol at the rugby match at North Lakes Park. He said what if the City was growing and adult softball leagues were so numerous that they had to play games at every field including the 3 at Mack Park, 6 or 8 at North Lakes park and including the one at Fred Moore Park. rt would be a very specific event only between narrow hours sponsored by a responsible organization. He said it was not opening up a haphazard approach to alcohol. The motion was to send the issue as only a frame work to Parks and Recreation. He said everyone in the audience as well as all of his constituents in District 3 could go to the Parks and Recreation Board and come to Council when they received the Parks and Recreation recommendation. Brock said she was about to remind Biles what the motion was about when he was discussing the merits of it. She said the notion was really about whether they were openin the door for opening the door. Miller said he agreed with Brock that it really was giving instructions to the Parks Board to come back with that policy and they were really opening the door. On roll vote Cott, "aye", Brock "nay", Miller "nay", Castleberry "aye", Bikes "aye", Young "aye", Krueger "aye". Motion carried with a 5-2 vote. 6. Council considered nominations to the City's boards and commissions. City Manager Harrell said each of the Council Members had a booklet provided by the City Secretary listing out the various boards and the positions for which vacancies were occurring or terms had expired along with the name of the individual Council Member that had the opportunity to make a nomination for that seat. He called N Council's attention to that fact that the rules of procedure call , N • for a Council person to make a nomination at one meeting and it 11 would be voted on by the entire Council at subsequent meetings. i Mayor Castleberry mentioned even though a position was assigned to , a Council person by a drawing three or four years ago, another • -C29 ApWal Date City of Denton City Council Minutes 37-~^ June 13, 1995 Page 37 Council Member could make a nomination for that position also at the next meeting. Council Member Brock said she did not understand that was the procedure they adopted. Mayor Castleberry asked if he was incorrect on the Issue. Miller said yes. That was one where they reserved the spots as an exception to having other nominations. Krueger asked if they could proceed with their current nominations or if they needed to wait until they had them all. Mayor Castleberry said they did not have to have them all. If they did not have any, that was fine or if they had a few that was fine. He said the nomination would be effective July 1 so the sooner they got to it the better. Biles asked when would they have the final vote. Miller commented that they would vote the next week on the nominations made at this meeting. Then at the next meeting there would be nominations to be voted on at the following meeting. Brock said there was actually a problem sometimes filling technical positions. For example, she had a place on the Electrical Code Board that required a master electrician and she would be glad to have some suggestions. Mayor Castleberry said there was an unwritten policy, because there were term limitations for Council Members they had followed the ! policy that someone that reaches 6 years on a board or commission would not be reappointed but were eligible for another board. He said that was 2 four year terms for the PUB. Miller commented that it had actually been put in the rules and e regulations. Brock said she recalled it saying three terms and that included the PUB which would mean 12 years because it took so long for them to get up to speed. Miller located the reference from the Council's rules of procedure, e 6.3(d). The following nominations were mades Airport Advisory Board3 Young nominated Hal Jackson, Krueger nominated Rick Woolfolk, and Brock nominated Mike Stephens. • • iAenA~l City of Denton City Council Minutes June 13, 1995 Page 38 Animal Shelter Advisory Board: Cott nominated Veronica Rolen. Board of Adjustments Brock nominated Rachel Mays, and Young nominated Ed Terry. Building Code Board: Young nominated Willie Hudspeth and Krueger nominated Nicholas Eassa. Cable TV Advisory Board: Young nominated Dessis Johnson. Community Development Advisory Committees Young nominated Cowendel Johnson, Cott nominated James McDade, and Brock nominated Roberts Donsbach. Data Processing Advisory Boards Young nominated McTawahla Johnson Sr. Downtown Advisory Board: Brock nominated Don Davis, Mayor Castleberry nominated Teri Rheault, and Krueger nominated Don Hill. Electrical Code Board: Krueger nominated Stuart Cawthon, Mayor ` Castleberry nominated Fred Reed, and Miller nominated Terry Schertz. Historic Landmark Commissions Krueger nominated Bryan Briscoe, CL,.:t nominated Bullitt Lowry, Miller nominated Suzanne Byron, Brock nominated Mark Merki, Young nominated Charlie Heggins, and Biles nominated Alan Smart. Human Services Committee: Cott nominated Wesley Stewart, Miller nominated Catherine Bell, Young nominated Susan Cross, Miller nominated Carol Riddlesperger, and Brock nominated M. Valdez. Keep Denton Beautiful Board: Cott nominated Doug Ebersole, Miller nominated Jean Ross, Young nominated Reverend L. E. Lasson, and Krueger nominated Martha Len Nelson. • Library Boards Miller nominated Linnie McAdams, Brock nominated Jean Greenlaw, and Young nominated Dorothy Minter, j i Parks and Recreation Board: Miller nominated Doug Chadwick, Brock nominated Burkley Harkless, and Young nominated John Catlin Jr. Planning and Zoning Commission: Cott nominated Rudy Moreno, • Mayor Castleberry nominated Barbara Russell, Young nominated Bob • Powell, and Krueger nominated Guy Jones. Plumbing and Mechanical Code Board: Biles nominated Frank Cunningham, Cott nominated Karl Martino, and Krueger nominated Dave Reynolds. rl~ E , r: _ . - 'r<r.+• lnuiPNby.P 4N.N bFiw'~J~1°~~'i'~.rfry ~ Sr 4g~d .S I9te _ S City of Denton City Council Minutes C, p3 June 13, 1995 Page 39 Public Utilities Boards Silos nominated Dick Norton, and Cott nominated Bob Coplen. Sign Board of Appeals Cott nominated John Weber. Traffic Safety Commissions Cott nominated Harry Phillips, Miller nominated Brenda Minnis, and Mayor Castleberry nominated J. Hobdy. Civil Service Commissions City Manager Harrell nominated Jana Bates. Denton Housing Authoritys Mayor Castleberry appointed Warren Whitson and Vicki Hill. T91PA Board of Directors The Council nominated Bill (loose. Miller asked if further nominations for the Sesquicentennial could be placed on the next agenda. He said the new Council Members had not had an opportunity to nominate people for the Committee. Mayor Castleberry commented that they may have to rent the Civic Center for the meeting. 7. Council discussed and considered invitation to tour the Denton County jail. City Manager said the Council had an invitation from the Sheriff inviting Council to take a tour, Council Members Young, Miller, and Brock said they would like to attend. Mayor Castleberry asked Harrell to come up with a couple of dates for the next meeting. Council convened into executive session. a i The meeting was adjourned. i S Veronica S. Ro1en Bob Castleberry r Deputy City Secretary Mayor City of Denton City of Denton } r - flAe r K s?~iT~~~` • • ag"daNo Za Apertdalt S _ Orate CITY OF DENTON CITY COUNCIL MINUTES Y Q O j June 20, 1995 O The Council convened into a Closed Meeting on Tuesday, June 20, 1995 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tam Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None r 1. The following items were discussed in Closed Meetings A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed Preston v. Jaao2 & Citv. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Interviewed and considered Regular Part-time Municipal Judge candidate, the selection process, and offer of employment. The Council convened into a Work Session on Tuesday, June 20, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Ter Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council received a briefing regarding the State Highway Projects. Rick Svehla, Deputy City Manager, stated that the 1986 propositions included five projects. (1) Teasley Lane from Dallas Drive to r35 which was built shortly after the bond issue was passed. (2) Teasley Lane from I35-E for approximately 2 miles south and east of • 135 which was currently under construction. (3) Loop 288 was a project which was presenting some difficulty. Prior to 1991 the City had permission from the Highway Department to do this project. The regulations changed in 1991 when the Intermodial Surface Transportation Efficiency Act of 1991 was passed. The City lost funding because the Highway Department's rules changed on how they rated projects. The Council was instrumental in requesting that • the Highway Department continue to review this project and it was • • now in the feasibility and environmental phase. (4) Portions of U.S. 380 were in the bond election. Two significant portions were right-of-way and construction costs for U.S. 380. Contracts had been approved for portions of U. S. 380 from midway on Locust and s Elm past Loop 288. (5) Fort Worth Drive from 135 south t,> FM 1830 01, • O • w • g3ndaNO. ~gendalt City of Denton City Council Agenda June 20, 1995 Page 2 7 Vy was in the original bond issue. This portion of road was eliminated from the funding as TxDOT had changed its funding policies. Council and staff requested that TxDOT include the portion of Fort Worth Drive from 135 north to Carroll Blvd. TXDOT agreed and the City was able to use bond money and savings from projects to use as a match for TxDOT's funding. There were some additional projects which were included on the list. one of those projects was U. S. 77 to the 76 Truck Stop. In 1988 TxDOT stated that there was a PASS program which would fund major highways and indicated that they would be willing to rebuild U. S. 77 if the City agreed to acquire all the right-of-way needed plus supply a million dollars for construction. After the passage of the 1985 street bond issue, TxDOT rebuilt Elm and Locust south of University. The City had dedicated almost $900,000 for the rebuilding of Elm and Locust which was then used towards the million dollars. The City needed to begin to acquire right-of-way by January 1997. The last projects were congestion mitigation air quality projects with three projects currently out for bid. The City was trying to have the remainder of these projects out for bid by next spring. Council Member Miller stated that the congestion mitigation air quality project did not increase the size of a road but worked on moving traffic along on the current system. Svehla replied that with congestion mitigation air quality projects a four lane road could not be rebuilt into a 6 lane road but an intersection could be improved and signals installed to move the traffic along in a more efficient fashion. Improvements at the University of North Texas were also a consideration. With the construction of the new Arts and Education Center, there was a concern regarding the overpass at Avenue D. TxDOT had advised staff that 135 from the Boeing Overpass to U.S. 380 would be looked at for improvements. That was a long range project and probably no improvements would begin prior to 2000. It was important, however, that the City be involved in that project because once the major • investment study was completed by TxDOT, pieces of the project could be started. City manager Harrell stated that the Fort Worth Drive project had been a project which the City had been trying to have the State perform for 5-6 years. A public hearing would be held in a week regarding the placement of the road. There would be opposition by ' V abutting property owners regarding the improvements. He wanted to • point out the long term obligation which the City had made for this project. There was now funding for the project and if the City decided to not pursue the project, it would be a long time before the City would have a chance to redo the project. t3 ;'r r a • • jvdaNO kgendaltem late City of Denton City Council Agenda L1247-3 June 20, 1995 Page 3 Mayor Pro Tem Biles stated that it was anticipated that the property owners on the portion of Fort Worth Drive north of 135 would have similar negative positions as those property owners south of 135. Svehla replied correct as the same situation occurred south of 135 as north of 135 where many of the businesses were in the highway right-of-way for a parking and movement area. In the past there were also concerns regarding access. The State would be matching the city for dollars and the overpass on 135 would be paid by the State which was a good funding project. Mayor Pro Tem Biles stated that the State was not willing at this point in time to make commitments regarding the overpass at Avenue D. Svehla replied that the State would have to first complete the major investments study before requesting pieces of the project. Council Member Young asked if the Fort Worth Drive railroad bridge was listed in the schedule. Svehla replied that that area was not in the project. The project would go as far as Acme Street and not as far south as the railroad bridge. Council Member Cott asked what the City and citizens could do to support the Fort Worth Drive project. Svehla replied that they needed to be proactive at the June public hearing to express support for the project. 2. The Council received a report and gave +,caff direction regarding hotel occupancy tax recipient contracts. • Jon Fortune, Chief Finance officer, stated that at the last Council meeting staff had requested direction from Council regarding the establishment of new contracts for the hotel occupancy tax recipients. Specifically they were needing direction on which recipients to fund, how much hotel tax to allocate, and the length of the contracts. Council had requested further information regarding the qualifying questionnaires completed by the Denton • Central Business District Association and the Black Denton Chamber • of Commerce. The Hispanic Denton Chamber of Commerce declined funding at this point in time. The Historic Landmark Commission and the Denton Festival Foundation had also supplied questionnaires. Council also requested several funding scenarios for allocation of the tax. Scenario A assumed that the City would ~ i WWI' L • w • iJ911QflM0. ~ 2 Ag M 1 Date City of Denton City Council Agenda June 20, 1995 Page 4 continue to contract with the five current recipients and the tax rate allocation percentages for the new contracts would be adjusted so that the 1995-96 budget for each recipient would equal approximately their 1994-95 budgeted amount. This scenario would allow $35,888 to be allocated to other eligible purposes. The Denton County Historical Foundation would be decreased by .05% for 1995-96. scenario B assumed that the City would continue to contract with the five current recipients and that the tax rate allocation percentage for each recipient would be decreased by .02t except for the Denton County Historical Foundation which would be decreased by .05%. This allowed $10,140 to be allocated to other eligible purposes. Scenario C assumed that the City would continue to contract with the five current recipients and Via tax rate allocation percentage for each recipient would be decreased by .05%. In all three acena:ios, the reserve fund and the eligible City expenses did not change. Mayor Pro Tam Biles asked about the reserve line item. Fortune replied that that was the amount of money contributed to the City's reserve fund. Mayor Pro Tem Biles asked what the reserve was for. Fortune replied that last year the City Council had elected to use some of the reserve fund for a new roof on the Civic Center which was an eligible City expense. Mayor Pro Tam Biles asked what was the difference between reserve and eligible City expenses. Fortune replied that in 1991-92, there was approximately 1% of the hotel occupancy funds which was being distributed to the Greater Denton Arts Council building fund. At that time, it was determined that that was not an eligible use for the tax funds. An agreement was made that the City would contribute to the Arts Council, the same percentage which had been contributed out of the General Fund. The City took the portion which had been formally contributed to the Denton Arts Council and used it for eligible city expenses. i Mayor Pro Tam Biles stated that the City was maintaining two separate funds. City Manager Harrell stated that when the contracts were revised by the City Council, Council built in a slight reduction in the $.07 which phased in over a period of time. That Council wanted to establish a reserve fund which would be available to allocate to eligible projects in the future. Those projects could have been f h , R! l hµ 4 ~ I • • agenda No.3..a~ 4yendal City of Denton City Council Agenda June 20, 1995 Page 5 City projects or N special project from another organization. Mayor Pro Tem Biles stated that that was the purpose of the reserve line item. The eligible City expenses were those dollars which were specifically being allocated to the Civic Center roof. City Manager Harrell stated no that the eligible City expenses were the funds which offset the amount which was paid out of the general fund which was going to the Campus Theater. In order to recover that $.01, there were certain City activities which were eligible for funding. Those were being paid by hotel/motel funds as opposed to General Fund dollars. Mayor Castleberry asked why the Civic Center was eligible for Lalor funds. City Manager Harrell stated that under the definition of eligible items under the State law, civic centers were eligible for those types of funds. Council Member Young asked if the Black Chamber of Commerce was included in the funding. Fortune replied no that the scenarios provided an example of what mi5.tt happen with the current five recipients and how to free up additional funds for other eligible organizations. Council Member Miller stated that the percentage for eligible City expenses would be kept constant as the dollar amount went up. The proposal on Juno 9th showed the dollar amount remaining constant and the percentage going down. He asked for an explanation of the difference of the two reports. Fortune replied that in that scenario the amounts were kept the same and at that point in time figured scenarios where the • percentage would remain the same and how much would be allocated if the budget increased. Council Member Cott suggested that when the Civic Center was due for renovation, a consultant was needed as this was an O'Neil Ford building. • Council Member Brock asked how much of the tax could go to a city. • Fortune replied that 75% could be used for civic center purposes and the entire amount could be retained. • O 0 .apendaNo Apendalt , a Dote s City of Denton City Council Agenda ~5 o~8s June 20, 1995 Page 6 Council Member Krueger stated that there was no mention of the excess funds. If the funds went over the allocated amount, the excess funds would roll over into the account and caps would not be placed on the funds. Fortune replied that council had directed that anything in excess of the funds at the end of the fiscal year could be allocated after October 1 of the preceding year. The scenarios did not indicate that but were merely examples of how to allocate the funds. Council Member Young asked if the Black Chamber of Commerce would be able to receive funds. Fortune replied that that would be a Council decision. According to the information provided, as long as their uses were to promote tourism and the convention industry, they would be eligible for the funds. Council would have to provide staff direction to proceed in that manner. Mayor Pro Tem Biles wanted to be assured that his motion made last week was that the City Attorney would consider the legal analysis and the City Manager, Finance Director and Internal Auditor would consider the financial and budgetary aspects such that there would be a specific percentage allocation of the $.07. A dollar budget amount would be established and if the projected revenue increase for the year was larger, the extra amount would be allocated to each of the contract recipients according to their percentage allocation. That money would be held in reserve so that in the next fiscal year, the organizations would receive the excess funds plus the budget allocation for the new budget year. Fortune replied that that was understood by staff. Although not specifically addressed in the funding scenarios, that was an understanding of the motion. • Mayor Pro Tem Hiles requested written assurance that that was a legally acceptable approach which satisfied the Charter and State laws. Council Member Cott stated that the council had not voted on that or the allocations. • Mayor Pro Tem Hiles stated that there was a 6-1 vote on the r methodology contained in his motion and would be included in the information. His motion did not take into account any particular percentage allocation as the number of organizations had not been identified at this point in time. .'J • • AgendaNo Agendaltem Qate IN7 City of Denton City Council Agenda 494f0183 June 20, 1995 Page 7 Council Member Cott felt that the extra percentage should not be committed each year as conditions might change in the future. Mayor Castleberry stated that with requests from other agencies it needed to be certain that they were eligible for funds. Council Member Krueger stated that he liked each scenario as other agencies could be inzluded. Over the years, each entity could grow. Council Member Brock felt that the proposal provided by the Black Chamber of Commerce seemed closely related to what the Convention and Visitors Bureau currently did. As this organization was getting started, it might be possible to fund early activities through the budget for the Convention and Visitors Bureau. Council Member Cott felt that a new or old organization had to be held responsible for the money given to them. A system which controlled the dollars was needed. This item was continued during the Regular Session under Miscellaneous Matters from the City Manager. 3. The council received a report and held a discussion regarding the proposed 1996-2000 Capital Improvements Program and discussed the Blue Ribbon Committee. This item was not considered. 4. The Council received and discussed the results of the supplemental 1995-96 Budget Priorities Questionnaire. This item was not considered. The Council convened into a Regular Meeting on Tuesday, June 20, • 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, and Krueger. ABSENT: Council Members Miller and Young. • 1. Pledge of Allegiance ' The council and members of the audience recited the Pledge of Allegiance. r. • a • ~pendarrU - q 4gend2l >etF . - / - 9 City of Denton City Council Agenda June 20, 1995 Page s 2. Citizen Reports A. The Council received a report from Dale Branum concerning pesticide spraying. Council Member Young joined meeting. Mr. Branum stated that the Denton Organic Society was a non-profit member supported community service organization. Their purpose was research and education for organic methods of gardening and landscaping, Their projects involved gathering and sharing information about how to find ways which were safer, saner, cleaner, greener and less expensive than current methods of treating lawns. council Member Miller joined the meeting. Branum stated that the organization would welcome the Council's support and cooperation of education. They appreciated what Council had done in this area and in the area of recycling. Mike Mizell stated that spraying for mosquitos was more harmful than beneficial. The poison used in the spraying could remain in the environment for up to three months. The impact on the mosquitoes was gone as soon as the spray evaporated or came into contact with a surface. Spraying was not effectivo in controlling mosquito population and in the long term there was a possible negative benefit as beneficial organisms were being killed. The mosquito population had a natural rise and fall during wet weather. He requested that the City discontinue spraying and work with the organization to develop alternative methods of controlling the problem. Lisa Wickstrom stated that Denton had many beneficial insects and organisms in its soil and spraying was harmful to those organisms. • The long term harm outweighed the short term benefits for spraying for mosquitoes. 3. Citizen Requests A. The Council considered a request from the Greater Denton Arts Council for an exception to the noise ordinance for the grand • opening of the Campus Theater, Thursday, July 6, 1995 until 10:30 • p.m. and Friday, July 7, 1995 until 11:00 p.m. Veronica Rolen, Administrative Assistant, stated that Jane Jenkins had requested this exception for the grand opening of the Campus Theater. A schedule of events was included in agenda back-ap 1E a~3y4~` }t it u • ~.1+ wl~l y iy • S U } ya y • W • APO* 9s _9 Item 5 2 City of Denton City Council Agenda yl S3 June 20, 1995 Page 9 materials. in conjunction with the noise exception was a street closure request. The City Manager could approve a street closure when included with an exception to the noise ordinance. However, the noise exception was still needing approval. Cott motioned, Biles seconded to approve the exception. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered a request fro:-i the Pro Youth Rodeo Association for exception to the noise ordinance for the use of a loudspeaker for the purpose of conducting the youth rodeo at the Nrc'th Texas State Fairgrounds Friday, July 7, and Saturday, July 8, 1995, until 12:00 midnight. Veronica Rolen, Administrative Assistant, stated that the Association was requesting an exception to the noise ordinance for the use of a loudspeaker for a youth rodeo at the North Texas State Fairgrounds. Kruger motioned, Brock seconded to approve the exception. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye'0, Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Public Hearings A. The Council held a public hearing and considered adoption I of an ordinance to rezone 3.753 acres from the Singlc Family 7 (SF- 7) zoning district to the Commercial (C) zoning district on property on the south side of I-35E, approximately 250 feet south of Lindsey Street. (The Planning and zoning Commission did not recommend approval with a 2-3 vote on a motion to approve.) A Frank Robbins, Director for Planning and Development, stated that the proposed ordinance would rezone the property from SF-7 to a Commercial district. He reviewed the surrounding zoning and what was currently built around the property as detailed in the agenda back-up materials. Options for the Council to consider included (1) voting no for the proposal which would keep the current SF-7 zoning; (2) approve conditioned zoning; (3) direct staff to prepare e an ordinance for a planned development district; (4) zone the property commercial district; (5) return the proposal to the Planning and Zoning Commission for an alternative zoning; (6) amend the Denton Development Plan and apply another set of policy criteria; or (7) postpone consideration. There were two options on conditioned zoning. one would be office zoning rather than a i • w • AgenGaNo S' ggendal Oale~ City of Denton City Council Agenda u~ SS June 200 1995 Page 10 commercial zoning district, the zoning could be office. The issue principally in this case dealt with a motel on the site. Motels were an authorized use by right in the office district. That district could be conditioned. Another conditioned zoning could be the commercial conditioned district. The list of uses and the standards as applied to commercial zoning district and the office zoning district were included in the agenda back-up materials. With conditioned zoning, those districts could be made more strict by limiting the number of uses, additional set backs, additional landscaping, etc. The applicant had proposed a series of conditions which were included in the agenda back-up materials. One of the conditions which had been discussed in the past would be to require a site plan. Architectural standards could be required in a planned development condition. In June of 1961, tracts 14 and 34 were rezoned from SF-7 to the Business zoning district. The name of that district was changed later without changing any of the map from the business district to the commercial district. In July of 1961 one of the major revisions to the City's zoning ordinance was made and the city adopted a new zoning map. There was no copy of that map and it was not known if that map changed the zoning on tracts 14 and 34. In August of 1.964 there was a zoning case denial on tract 14.5 which was an area owned by the applicants and zoned SF-7. The local business proposal for that site was denied. In January of 1969 another new zoning map and another new zoning ordinance was adopted by the City Council. That was the last zoning ordinance passed concerning the zoning on this property. In April of 1978 there was a subdivision of this property. Before that time tracts 14 and 34 were owned by the same individual and that property was sold without the benefit of platting. In June of 1994, the Planning and Zoning Commission reviewed a proposal for a conditioned zoning dintrict with a site plan. The Planning and Zoning Commission recommended approval of the site plan. That petition was not submitted to the Council and was withdrawn by the applicant due to neighborhood opposition. When the zoning case was reviewed in June 1994, the zoning map showed the boundary between • SF-7 and commercial. The 1969 map adopted by ordinance indicated a different line. There was no ordinance amending the 1969 zoning line but the maps were changed. Staff's research of the zoning map indicated that by September of 1971, the zoning map was changed but there was no ordinance to go with it. All the zoning case files showed changes in the maps. The zoning case was in a low intensity area and the intensity policy and separation policy was violated. ® The separation policy stated that proposed nonresidential uses were • • not allowed within a half mile of another nonresidential use. The infrastructure was in place to support this type of development. The Planning and Zoning Commission indicated that the policy of the plan had been violated and the case should not be approved. One policy indicated the need for a stable and diversified economic • m • ~gendaNo. ~S" n=- City Date of Denton City Council Agenda $June 20, 1995 Page 11 base which the proposal satisfied. Another policy in the plan dealt with infrastructure costs, The property all around the proposal was developed and the infrastructure was in place to support the proposal. There would be no public costs associated with the proposal. One of the major policy issues in the plan dealt with residential protection. The applicant proposed to mitigate impacts on the residential area with such proposals as a no build area to the south and a 2001 area between the property and a house located to the west. Another policy dealt with preserving vegetation. Vegetation and natural topography proposals spoke to that. There was no site plan at this point in time to analyze the entrance way conditions. The proposed ordinance needed 6 affirmative votes to pass as the 20$ rule was in effect plus the Planning and Zoning Commission recommendation for denial. An option for consideration was to return the proposal to the Planning and Zoning commission to consider another option for the property. Depending on the kind of direction from the Council, the proposal might coma back without the 20% rule and with a positive Planning and Zoning commission recommendation. The Council might consider deleting motel as a permitted use. The Mayor opened the public hearing. Art Anderson, representing the applicant, presented the rules and regulations on how the franchise would be allowed to be operated. in addition to the concerns of the neighbors was the fact that the zoning map for the City of Denton showed for 20 years that the property was zoned commercial with a variety of transactions made j based on commercial designation, property appraised and taxes paid on the commercial designation. They had met with representatives of the neighborhood and understood their concerns regarding a hotel/motel use. He felt that many of those concerns were driven by the adjacent facility to the site. The proposal would be a superior and well run facility. There were two commercial uses for the property other than the hotel/motel which might be considered • but which had associated problems. The Planning and Zoning commission minutes of June 22, 1994 referred to commercial land already being used and associated concerns dealt with traffic problems, privacy, lighting, etc. other problems noted dealt with traffic problems, storm water problems and noise from a hotel/motel. The applicant had spent time and effort to address those problems. As a result of the conditions agreed to, the ® portion able to be developed was moved to 195. There would be a • • 10U' buffer on the southern portion near the current single family homes and a portion of the property would remain undeveloped for the immediate future. I • • verds No `~S City of Denton City Council Agenda a t@ S/ ~ g3 June 20, 1995 Page 12 Mayor Pro Tom Biles asked if the 100' was on the southern end of property. Anderson replied correct. For the purposes of zoning the proporty, the petitioner had agreed to accept SF-7 zoning on 1001 of the southern most portion of the property. From a practical construction standpoint, they agreed to that zoning on that portion of the property. One concern was drainage and the fear that it would be routed back through Willowwood Street. One of the ways that they had tried to address that was to have all of the development on the north, on the other side of the ridge line. The southern portion of the property would not be developed for the purposes of the motel project. Mayor Pro Tom Biles stated that the southern portion of the property would remain grass. Anderson replied yes for the immediate future. He was looking at the specific short term construction project which they had ' planned. He did not know how the project to the south would be developed. It might be residential but he was not sure. Mayor Pro Tom Biles Stated that the existing house on the northwest corner of the property would be the residence of the 24 hour a day property manager. Anderson replied no that that was not part of the project. The 24 hour property manager would be on site in a building next to 135. Council Member Miller asked how the access would be if coming off i of 135. Anderson replied that it would be McCormick Street. Council Member Miller asked if uses other than a hotel/motel had • been considered. Anderson replied that the problem was that the property was not bought for a long term investment. It was purchased for a specific purpose. They looked at the zoning maps and zoning and it was represented to them that a hotel/motel was allowed in the area. Platting and a building permit was all that was necessary for the • project. His client had already paid a $35,000 non-refundable franchise fee for the hotel. There was a concern regarding the cost of a room rental and would the petitioner consider an upgrade i to a higher quality hotel. He had agreed to do that which would 1 cost another $15,000 non-refundable fee. His client did a survey, surveyed the market and bought the property for a specific purpose. as • Agenda No.. 9 "Q.~ ~.._.e :E, City of Denton City Council Agenda Ito- s,~ June 20, 1995 Page 13 He did not feel that there was a market for other uses of the property except for the use of a hotel/motel. Mayor Pro Tem Biles expressed a concern regarding reliance on maps versus the ordinance issue. He understood that there were two maps found from two zoning cases between 1969-75. Were those the maps which were relied on for zoning. Anderson replied no that there was an official City of Denton zoning map which was in the Planning Department and which was used to determine zoning. For 20 years that zoning map showed the property was commercial zoning. Mayor Pro Tem Miles asked when he was first aware of the map and ordinance problems. Anderson replied that he was made aware when his clients hired him to represent the case. He understood that the first time anyone became aware of a problem was after the preliminary plat was denied by the Planning an,: Zoning Commission in 1994. Staff then researched the issue. He disagreed with the statement that no ordinance had been passed rezoning the property. The correct response was that i.t was not known. A search by staff did not reveal such an ordinance. Mayor Castleberry asked if a neighborhood meeting was held last night as requested. Anderson replied no. This had been a very frustrating case for him. in the zoning rases he had had, his goal was to negotiate on 1jehalf of his clients and still protect the neighborhood. They had tried to do that with conditions in the proposal. Regardless of the conditions offered, the neighborhood did not accept the use of the property for a hotel/motel. He was willing to talk about the conditions with the neighbors, but they were not willing to discuss ♦ those as their position was no hotel/motel use. Mayor Castleberry stated that one of the reasons for prior council action was to try and have the problems worked out. Anderson replied that they did have a meeting but not last evening. This would be a different situation if his client had not bought • the property for a specific purpose and specific use and had not 0- expended several hundred thousand dollars trying to develop the property with a specific use. Council Members Cott and Brock left the meeting. • 0 "We 140 5 Oats q City of Denton City Council Agenda So June 20, 1995 Page 14 Mayor Castleberry stated that he had received a Speakers Card on the proposal from Barbara Miller. She felt that special consideration should be given to the negative impact of additional traffic on the safety of Borman School children who must walk or ride bicycles to and from school as McCormick was the only access to the school. Council Member Cott returned to the meeting. Eric Eaton stated that the controversy involved the rezoning of a parcel of land for the proposed construction of a motel. This motel would abut the backyards of some of the area homes and would have a negative impact on the quality of life on everyone in the Denis neighborhood. This situation had dragged on for a yerr. During that time, the Denis Area Community Group had on several - occasions convinced the Planning and Zoning Commission of thr, merits of their position. Support of the neighborhood had grown during the past year and the opposition was unanimous in the neighborhood. They were opposed to this particular development program. They felt that the twin goals of sensible development and neighborhood preservation were compatible. Council Member Brock returned to the meeting. Eaton stated that his opposition was based on a combination of factors relating to the nature of the neighborhood environment and j the extensive existing commercial development already adjoining the Denia neighborhood. The group was not anti-development but rather pro-Denton. They were not opposed to development of the property but their primary objection was the proposed development of the property. A motel was not appropriate development of the property. Joyce Snay presented slides showing the homes in the area. There were many children in the neighborhood. She suggested an alternative might be to build small single family homes on the • property. Another option was to build a building with offices on the bottom and apartments on the top. She had attended all of the neighborhood meetings and was concerned about statements made in regard to trying to work out the differences between the neighborhood and the petitioners. Carol Brantley stated that she wanted to ' protect the neighborhood from inappropriate commercial development. She was not anti- • development but anti-motel. There were five motels in the neighborhood already. Denton had an ordinance which indicated that there was not to be the same business in a half mile distance of the same business. Within a mile distance was the Days Inn, the LaQuinta, the Royal, the Desert Sands and the Radisson. She felt i • m • VMNO q5"4 age~zdaHem pie <9s City of Denton City Council Agenda r a g 3 June 20, 1995 D Page 15 that the neighborhood did not need more motels with more lights, more noise, more activity. There were many children in area and the residents were fearful with the possibility of increased traffic. The Vision plan for Denton stressed keeping Denton beautiful. The area motels in Denton were not beautiful, She had called several of the motels in the area to find out the occupancy rate. She learned that in order to keep a motel open a 704 ! occupancy rate was needed. In order to remain open, many hotels rented rooms on a monthly basis. Several motels had a history of changing ownership frequently and with that the value of the motel went down. She asked the council to not consider passage of the ordinance. Council Member Young stated that Brantley indicated that there were currently five nucels in a one mile area. He asked if the children who now wert to Borman had any problems or was there a history of problems with traffic. Council Member Miller left the meeting. ' Brantley indicated that she did not know. Lynn Brooks stated that he would address traffic and traffic patterns in the neighborhood Currently the entrances and exits on 135 were at minimum standards for the amount of traffic. Because of the layout of the neighborhood, many individuals drove in the area looking for other businesses. Council Member Miller returned to the meeting. Brooks continued that a motel would increase traffic in the area. He showed on an overhead how the traffic would proceed trying to reach the proposed motel. He recommended that Council either deny the petition or deny with a stipulation that an 8:00 a.m.- 5:00 p.m. business be on the property. • i Kathleen Eiland stated that problems with the petition included the intensity of the area. The area was currently overallocated at 1174 if the proposed location was left commercial. That did not include the Radisson which was given a spocific university rating. The intensity of the neighborhood would increase to 1184 if the Radisson were given a proper commercial rating. She would like to • have an 8:00 a.m.- 5:00 p.m. Monday through Friday business in the • area. There was also a concern regarding drainage on the property, The application was for the er.-lre portion of property back to the J homes on Willowwood for commercial zoning. There was a 5' drop from one part of the property to another, That was a significant drop which presented significant problems to the developers as far t r ;kCa a • w • "(40145 - Ap ridaltam s'_ Nte.e - City of Denton city Council Agenda $ 5 ~g3 June 20, 1995 Page 16 as access. Water and sewer lines were not adequate. The petitioner had indicated that they would not access Willowwood unless necessary. That stiset was narrow and bumpy and was not a good street for access. Council Member Young left the meeting. Eiland indicated that she did not want a motel in that area. The Traffic Safety Commission indicated that the hotel traffic would be in direct conflict with Lindsey Street. She asked for denial of the application in fairness to the neighborhood and that the petitioner meet with the neighborhood to possibly work out some sort of a compromise. Jennifer Phillips stated that the Denton Development Plan indicated that centers of activity should be encouraged and strip commercial development should be discouraged. She asked if three hotels, a bar, and four gas stations within 6/10ths of a mile would be considered strip development. The Denton Development Plan indicated ' that low density neighborhood protection for areas on the fringes of the major activity centers should be protected by measures such as strict design requirements, transportation planning and implementation, land use balance and landscaping. Traffic planning should insure that no local residential streets would be used for J general circulation to the centers. Neighborhood service centers were small nodes of nonresidential establishments intended to offer vainly convenience goods and services at the neighborhood level. These centers should be located at least one-half mile from any f other nonresidential retail center. Council Member Young returned to the meeting. Phillips requested that the zoning remain single family zoning as indicated by the Planning and Zoning Comnission or do some type of conditioned zoning so that another motel could not br, built there. • John Weber stated that the Denia Area Neighborhood Association was not anti-development but was in favor of neighborhood preservation. if there was a need for another motel in Denton there were better places than in this particular neighborhood. He understood that some money was spent on development of the site but perhaps further investigation needed to be done regarding the proposed site. He questioned why families in the area should suffer with the mistakes of the buyer. He did not want any type of development which would detract from the quality of life in the area and wanted to protect the children in the area. The neighborhood was in the area before the freeway was built. He supported the work being done by the Visions for the 21st Century Committee. Strong neighborhoods was I • 0 • w • VftNO /lgendal [ale _"_l.S-~S City of Denton City Council Agenda June 20, 1995 SG G[ Page ; 7 one of the goals of that program. Don Bailey stated that the quality and value of life in the area was of importance to the neighbors. He felt that all franchises were different and there was a need to be cautious regarding grouping them ali in one category. He encouraged the Council to vote against the commercial property. Charles Finley stated that he opposed the motel as it was in a bad location. Drainage was a problem in the area and the development would not help that condition. Mary Jo Hill stated that she had lived in her house for 47 years. originally the property was located in the County and there was no commercial property in the area until approximately 1982. A small portion of Block 13 had a commercial sign on it and Lots 11 and 12 had never been zoned commercial. She opposed another motel in the area. Since an area home burned in September, the neighbors had been anxious regarding the property. She asked that the Council keep the integrity of what was there. Henry Smith stated that the Vision Committee had put together a mission representing all of the neighborhood associations throughout the entire city. In that challenge it was indicated a desire for strong neighborhoods. Did RPS Ventures state or show that they were interested in preserving neighborhoods. The petitioner indicated to the Planning and Zoning Commission that he had many years of hotel experience. During the last eleven months, a preliminary plat had been approved and there was a meeting with the Planning and Zoning commission for the final plat approval. There was a problem with the plat and the developers were given 30 days to present the final plat. That was not done until two weeks prior to 90 days. The neighbors were notified that there would be a meeting for replatting. The Planning Department had indicated that this would be a simple replat and the joining of two pieces of S property. At the Planning and Zoning Commission it was learned that the joining of those tvo pieces of property would allow the developers to build a hotel and use a single family zoning as a parking lot. The Planning and Zoning commission asked the developers to meet with the neighborhood but RPS Ventures refused to do so on several occasions. At the November 30th Planning and Zoning Commission meeting the replatting request was denied. Two weeks later a vacant house in the area was burned by a r professional. It was not known who hired the professional to burn the house. A professional fire bomb was placed in the house which did not go off. There were two boys who tried to put the fire out. If the fire bomb had gone off, one of the boys would probably have been killed. After the fire, the neighborhood did research 'uyx V, y j , • • 4~No. Z Agentlaltem Date K is__ s" City of Denton City Council Agenda ,?3 June 20, 1995 Page 18 regarding the proposal. It was discovered that the zoning map was in error which was presented to the Planning and Zoning Commission. The Planning and Zoning commission agreed that there was an error. It was found that the property had been placed on a 1969 ordinance. On April 12 the Planning and Zoning Commission discussed the proper use of the property. It was felt that the ordinance would govern what took place and not the map. The neighbors had a letter from Mr. Nelson, an attorney, indicating that he had taken care of the property since 1965 and there was no commercial zoning on the property. Council Member Young asked Smith if he had stated that he would not mind a hotel such as a Hilton Hotel but not the type of proposed hotel. Smith replied no that there were already 5 motels in the area and the neighborhood should not have to take on another hotel. Hill Miller stated that he did not live within 200 feet of the proposal but did live in the area. Maps were not always correct and should not be relied on in this issue. A map was a guide, not a final document. There were a number of properties of sufficient size which did not abut neighborhoods which would be appropriatb for a motel location. He felt that the only reason for a change to commercial zoning for a motel would be if Denton was in a dire shortage of motel space. People in the neighborhood were concerned with long term. It was not known what would happen with the back portion of the property. To get to a motel on that site, an individual would have to get off at a prior exit. If coming from the north, an individual would have to go under the Avenue D bridge and exit as soon as he was out from under the bridge. The next exit would be too far. From the exit, there was a curve in the road and enough trees, that a motel on the site would be difficult to see. An individual would have to drive through the neighborhood to get to the motel. A possible alternate use for the property • could be a day time commercial or residential use. Reva Friedsam stated that the commercial line was next to the residential houses. There used to be a city easement in the area but that seemed to be included in the commercial zoning. She was concerned about the future use of the property on the south side of the proposal. Drainage was also a concern in the area. • • • Vicky Walker-Brooks stated that her issue concerned all taxpayers of Denton. In a recent Denton Record-Chronicle article, Molly wins wrote about a Takers Law which allowed property owners to sue any government entity if any action they took resulted in at least a 20% reduotion in the value of said property. She believed that r., f l r t t4 • a • 4gendaltem ,'ate City of Denton City Council Agenda .S $ gP-3 June 20, 1995 0 Page 19 there would be a high probability that a motel in the area would result in a 20% or more reduction. She urged the Council to consider that when voting on the proposal. Mayor Pro Tem Biles stated that that statute would not be effective until September let. Herb Prouty, City Attorney, stated that if Council took any action tonight, the statue would not apply plus there appeared to be an exception to planning and zoning decisions. Tonni,e Ramirez stated that the minutes of the Planning and Zoning f Commission of April 12, 1995 indicated that Jerry Drake, Assistant City Attorney, had researched the issue on where the City stood on an issue such as this. In cases where there was a deviation between an ordinance in place and a zoning map, the ordinance governed. He asked the Council to consider those facts before ruling on the situation. Duaine Whitaker stated that over the years many different proposals had been proposed in the area. Ryan weber presented a chart of the motels in the area. The hotels/motels :.n Denton were having a difficult time operating at this point in time and there was no immediate market for more hotels/motels in Denton. He felt it was a bad idea to develop another motel in tle area. Mayor Castleberry indicated that he had received speaker cards from Sarah R. Bryant and Rachel Mays who did not wish to address the council but did want to express their opposition to the proposal. The petitioner was granted a five minute rebuttal. Art Anderson addressed some of major issues presented. He felt • that the conditions placed on the pruperty were solutions to the concerns expressed by the neighborhood regarding the proposal. The bottom line was that the property was in the 135 corridor and the property had been shown commercial for 20 years. He did not believe that this property would be developed residential. Residential areas and hotel/motels could co-exist. He felt that this tract for hotel use could coexist with the neighborhood and • become a good neighbor. An alternatJve use suggested was for an • • 8:00 a.m. - 5:00 p.m. business which would be incompatible due to more traffic when children were going to and from school. When property owners were buying and selling property, they relied on the official zoning maps of the City. He stated that a staff report indicated that since the zoning map had indicated commercial ~I ca • Aor*Nol Ago Ida Item . Date fl'/S"9S City of Denton City Council Agenda S da S3 June 20, 1995 Page 20 zoning since 1975 and there had been no activity changing the analysis, the 117% intensity trip allocation already included the subject property as vacant commercially zoned land. This rezoning would neither increase nor decrease the overall intensity allocation. Ultimately this request was reduced to a matter of fairness. In the period between 1975 and today, a development decision was made and the property purchased. The intensity analysis of this request did not mean anything, therefore staff recommended that the current proposal be approved. The Mayor closed the public hearing. Council Member Miller asked how the Radisson hotel was calculated in the figures for intensity. Robbins replied that research indicated that the Radisson was calculated as an institutional use. Council Member Miller stated thit the figures did not reflect the h actual use ,he Radisson. Robbinb dpiied that there was no separation of allocation for the hotel and a separation for an allocation for the golf course. The whole area was included as an institutional use. The intensity allocation would increase if the Radisson were included with its proper use. Brock motioned, Cott seconded to deny the request for straight commercial zoning. Council Member Brock stated that as the Council very rarely denied a zoning request, this was a serious matter. Being in favor of quality economic development did not mean anything, anywhere at any time. The Fantus Study indicated that Denton should create a high quality brand image for a uniqueness of Denton. Owners of modest • homes had rights too and property rights applied to homeowners as well as business owners. Denton was a unique community with diverse income levels, education levels, employment levels. It was a group of different kinds of people who got along very well because they had their neighborhood and their sense of community at heart. In the Vision project, neighborhoods and entranceways were very important. This proposal was a part of both of those areas. • She would not take this position to the extent of denying • reasonable uses of the property. She was not saying that the property must remain residential. She was saying that it should not be unrestricted commercial. • O • 4a • apdndaNo q1- Z Agendal ten~lr~U.------ City of Denton City Council Agenda (?ate-v-`- June 20, 1995 6 ~c~o 3 Page 21 Council Member Cott stated that the problem he had with the issue was that planning and development was long term and not short term activities. There was a need to do something about undesirable advertising in the area. Council Member Miller stated that there obviously was some confusion regarding the zoning of the property either on maps or ordinances. He felt that the ordinance applied and the issue was one of rezoning the property. The location was not appropriate due to the density issue. He felt there was an appropriate use of the land for restricted office but did not feel that the best interest of the community would be for unrestricted commercial zoning to allow a hotel/motel. 4he traffic would be a problem due to the layout of the exit and the -Nroposed motel. Office zoning would riot be as much of a traffic problem as the users of the offices would most likely be local residents realizing the traffic patterns in the area. '.Is indicated that if the proposal was denied, he would suggest that it be referred back to the Planning and Zoning Commission to look at the issue for another solution of uses for the property such as restricted office. Mayor Pro Tem Siles stated that he had been out to look at the site { several times. In an analysis of the points presented pro and con I for the proposal, he would have to vote no on the motion. This was interstate frontage which had a value for commercial property. The neighbors had indicated that they did not want lights on 24 hours a day. Most offices had lights on 24 hours a day for security. It might be beneficial to have such a development for security in the area. He shared a concern with the neighbors regarding the motel I and club adjacent to the area. One development of commercial property was that when a first class facility was constructed, it some times showed a course of leadership which caused adjoining property owners to follow suit. He had to vote against the motion out of a commitment to a long term Denton. The proposed project would be a positive move for the city as a whole. The proposed • conditions ,M1-9 as indicated in the agenda back-up materials would address the concerns of the neighborhood. Council Member Young stated that as the University of North Texas was going to Division One status and with the building of the nearby speedway there would be the need for motel rooms. There already was a shortage of motel rooms. He understood the neighbors , • concerns but the City made a mistake on the zoning. He understood • the problems of the neighbors with the number of motels already in the area. He wondered if H. Ross Perot were building the motel in the area, would he receive this kind of trouble. He did not feel Perot would. He would vote against the motion. • • ~uenda~ Z the City of Denton City Council Agenda 41 June 20, 1995 Page 22 Council Member Krueger stated that when he was on the DISD Board of Trustees, they had a similar situation with the development of a new school in southeast Denton near a jail. There were some legal ramifications of this case which were similar to the Pep Boys proposal. He thought that Council Member Brock's reference to the one zoning case denied was that Pep Boys case. He would vote against the motion. Council Member Brock stated that the one case denied by the Council she was referring to was the 9-1-1 proposal. Mayor Castleberry stated that the motion to deny did not require six votes, only a majority vote. A motion to approve would require six votes. Council Member Miller asked for a review of that procedure. Herb Prouty, City Attorney, stated that the protest of the property owners and the denial of the Planning and Zoning Commission was for j a zoning change from the SF-7 to commercial zoning. If the Council voted to deny, they were not voting for a zoning change but voting to deny the zoning change. It would have the same effect if the Council voted on the zoning change in favor of it but failed to get six or more votes. Council Member Miller stated that if the motion received more than one vote, it would be the same as the other motion. Prouty stated that if the motion received a majority of four votes, it would be the same as if the other motion failed to get six votes. If the motion was to approve the zoning change to commercial then the statute required, under these circumstances, an affirmative vote of at least three-fourths of all of the Council members or six votes. With the proposed motioned, the Council was not voting to affirm the zoning, they would be voting to deny the • zoning so that the statute did not require a throe-fourths vote. Council Member Cott asked that the motion be repeated. Mayor Pro Tem Brock stated that her motion was to deny the petition to change the zoning from SF-7 to unrestricted commercial zoning. • Council Member Miller asked that if the motion received three votes • • in favor and four votes against, what would be the effect on the zoning request. Robbins replied the change in zoning would be denied and would remain SF-7. f • • 4g~daNo S 4Aenda ~ tenl~---3~--- llate ~ City --)f Denton city Council Agenda S3 June 10, 1995 Page 23 Mayor Pro Tem Biles stated that if the motion was to deny and that motion prevailed with 4-3 vote it would be the same as if the motion had been to approve and did not achieve a super majority. Prouty replied correct. Council Member Miller stated that his question was if the motion failed on a 3-4 vote, it would be the same thing. Prouty stated that if the motion failed on a 3-4 vote, the Council would not be voting affirmatively and no action would be taken. Council Member Miller asked again that if the motion failed on a 3- 4 vote, what would be the status of the case. Prouty replied that the case would remain the same and another vote would have to be taken on another motion whether that be a motion to approve or to do something elre. Council Member Miller stated that the zoning would remain SF-7 unless another motion was made. It would not approve the zoning change and change from SF-7 to commercial. Prouty stated that because of the more than 208 protest of the property owners and because of a denial from the Planning and Zoning Commission that it would take an affirmative vote to approve the zoning change of at least six members. If that were not obtained, then the zoning would remain the same. The motion was not to approve the zoning change. The statute required that in order to do the zoning change six affirmative votes were needed to change the zoning from SF-7 to commercial. On roll vote to deny the petition, Miller "aye", Young "nay", Cott "aye'f, Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 3-4 vote. • Mayor Pro Tem Biles asked if another motion would be in order. Mayor Castleberry asked tae City Attorney if another motion could be made or if a reconsideration was required. Prouty replied that a reconsideration was not necessarily required • if a new motion was made for something other than denial, The • Council could also reconsider the previous motion. Biles motioned, Young seconded to approve the application. On roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "aye's. Motion failed r • w • A gendeNo. ~--agendaltem Date 83 City of Denton City Council Agenda 6346 June 20, 1995 Page 24 with a 4-3 vote as a 2/3's majority vote was needed for approval. Miller motioned to refer the proposal back to the Planning and Zoning Commission to study the possibility of rezoning the property to office with conditions and to work with the property owner and neighbors to determine if something could be worked out to bring back to the Council at a later date. Council Member Cott seconded. He suggested an amendment to return to Council with a recommendation rather than an ordinance. Brook suggested an amendment to the motion to include direction that the condition be to delete a motel as a permitted use. Miller stated that he would accept that amendment to his motion. Council Member Cott agreed to the change to not return with an ordinance but to return with a recommendation. Council Member Miller stated that he did not agree to that as the Planning and Zoning commission would only send the issue back with an ordinance if the differences were worked out. council Member Cott agreed. Mayor Pro Tem Riles stated that the motion was to refer the proposal to the Planning and Zoning Commission with the understanding that it would omit a hotel/motel condition. Art Anderson, representing the petitioner, indicated that the condition of excluding a motel on the site was not acceptable to the applicant which would require a 2/3's majority vote of the Council for approval. Council Member Cott asked for a clarification of the motion. • Mayor Castleberry indicated that Mr. Anderson had voiced opposition to the motion. The Council could still vote on the motion which was to refer the proposal to the Planning and Zoning Commission but not to include motels. Council Member Cott stated that if the petitioner did not want it • and staff went through a lot of work to bring the proposal back to , j Council, why go through the work. • 0 Council Member Miller felt that it would be worthwhile for the Planning and Zoning Commisuion to look at the proposal and if the owner continued to be opposed to such zoning, it would be a short . . • rrrr.~ ` 11..41#' ;Z fH' • `7 t Ir,.~ s• y. iE ct, .<~aTU.f sw • °gecda No agendas S 2 rate City of Denton City Council Agenda June 20, 1995 a Page 25 discussion. He wanted to see if there were other commercial/office uses for the property given its location but not include a hotel/motel. Mayor Pro Tom Biles asked for a point of order. Was Council Member Cott withdrawing his second as he disagreed. Council Member Cott stated that he had withdrawn his second. Council Member Brock seconded Council Member Miller's motion. i Mayor Pro Tom Biles felt that it would be a waste of staff time if the applicant did not wish to consider alternative zoning as expressed by Mr. Anderson. For the economy of time and the tax payers dollar it should not be pursued. Let the applicant propose a new application for alternative zoning if desired. Council Member Brock stated that the city could initiate zoning changes. Mayor Castleberry replied correct. Robbins stated that the zoning ordinance defined three persons who could initiate a zoning case. Mayor Castleberry felt that if the petitioner did not wish for this motion to go forward, he saw no reason to pursue the matter. Council Member Young stated that the city had made a mistake and allowed the petitioner to spend their money. He felt that if the petitioners were of a different color they would not hava had this problem. He was against, the motion. On roll vote to return the propos?: to the Planning and Zoning Commission, Miller "aye", Young "nay", Cott "nay", Krueger "naytf, • Brock "aye", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 2-5 vote. 1 B. The Council held a public hearing and considered an ordinance to rezone 8,2721 acres from the Agricultural (A) yoning district to the Office Conditioned (O(c)) zoning district on property located on the west side of Bonnie Brae, approximately 2,000 feet south of I-35, (The Planring & Zoning Commission f recommended approval 6-0.) Frank Robbins, Director of Planning and Development, stated that currently a specific use permit was required along with a site plan for a private school to have a use in an agricultural zoning s qendaNo 4Qendallem ~tP 6 c~' 83 City of Denton City Council Agenda June 20, 1995 Page 26 district. Liberty Christian School had been on the property for a number of years and had gone through a number of expansions. It was felt that it might be more appropriate, rather than to continue with the specific use permit, to rezone the property. The proposal would be a conditioned zoning in an office district. The condition dealt with the list of uses. The permitted use would be a private school and any agricultural use which might also be a part of the office district. (here was no opposition to the case and the Planning and Zoning Commission had unanimously recommended approval. The Mayor opened the public hearing. No one spoke in favor No one spoke in opposition. Mayor closed the public hearing. The following ordinance was considered: } NO. 95-115 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 8.2721 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE, APPROXIMATELY 20000 FEET SOUTH OF I-35E; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Bites "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Resolutions C. The Council considered approval of a resolution amending Appendix A of the Denton Development Plan by changing the boundaries for Intensity Areas 77 and 78 defined therein in conformity with the map attached hereto and incorporated herein as Exhibit 1, by extending the boundary of Intensity Area 78 along the south side of 1-35 E to State School Road, and reducing Intensity Area 77 correspondingly to accommodate the expansion; amending the concept map of the Denton Development Plan to conform therewith. (The Planning and Zoning Commission recommended approval 5-0) i • a ~endaNQ - 2 tiaendall~ ~ City of Denton City Council Agenda ai June 20, 1995 Page 27 Frank Robbins, Director of Planning and Development, stated that this item related to Item 4C on the agenda. This amendment would change this area from a low intensity to a moderate intensity area. If the resolution were approved, Moderate Intensity Area 78 would be extended along 135 and Low Intensity Area 77 would be reduced accordingly. The following resolution was considered: R95-033 A RESOLUTION AMENDING APPENDIX A Or THE DENTON DEVELOPMENT PLAN BY CHANGING THE BOUNDARIES FOR INTENSITY AREAS 77 AND 78 DEFINED THEREIN IN CONFORMITY WITH THE MAP ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT 11 BY EXTENDING THE BOUNDARY OF INTENSITY AREA 78 ALONG THE SOUTH SIDE OF I35-E TO STATE SCHOOL ROAD, AND REDUCING INTENSITY AREA 77 CORRESPONDINGLY TO ACCOMMODATE THE EXPANSION; AMENDING THE CONCEPT MAP OF THE DENTON DEVELOPMENT PLAN TO CONFORM THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Biles seconded to approve the resolution. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council returned to the regular agenda order. C. The council held a public hearing and considered an ordinance to rezone 4.2721 acres from the Agricultural (A) zoning district to the Light Industrial Conditioned (LI(c)) zoning district on property located on the south side of I-35E, approximately 3,200 feet north of State School Road. (The Planning & Zoning Commission recommended approval 6-0.) • Frank Robbins, Director for Planning and Development, stated that this as a zoning case within the area which the Council had just amend id . The Mayor opened the public hearing. Rob Rayner stated that the conditioned zoning would be easy to do • with this particular tract of land. The owner of the property felt • J that the conditions were acceptable for selling the property. No one spoke in opposition. The Mayor closed the public hearing. • w • City of Denton City Council Agenda r/ ~gs June 200 1995 Page 28 The following ordinance was considered% NO, 95-116 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.2721 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 10 ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN) PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00 FOR VIOLATIONS THEREOF1 AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimouRly. D. The Council held a public hearing and considered an ordinance to rezone 0.48 acres from the Single Family 7 (SF-7) zoning district to the Office Conditioned (0(c)) zoning district on property located on the northwest corner side of Fulton and Linden Streets. (The Planning & Zoning Commission recommended approval 6- 0.) i Frank Robbins, Director of Planning and Development, stated that only two kinds of uses would be allowed - office/professional and parking. In the short terrr., the existing house would be used as an office. It would be possible to build another house on the site but it could not exceed 2,000 square feet. The Mayor opened the public hearing. • No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considereds f t S i~ kr 1• y^ ~r 40v* No Ect APM S - 2 note - City of Denton City Council Agenda 6 40 83 June 20, 1995 Page 29 NO. 95-117 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (0(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.48 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF LINDEN AND FULTON STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Biles left the meeting. 5. Consent Agenda Mayor Castleberry indicated that item 3 had been pulled from consideration. j Brock motioned, Young seconded to approve the Consent Agenda. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry '$aye". Motion carried unanimously. A. Bids and Purchase Orderst 1. Bid 11757 - Underdrain system for Filter 12 at Water Treatment Plant 2. Bid 01758 - Longridge Drainage and Water Improvement 4. Bid 11766 - Capacitors 5. PC 055299 - Boyd Excavation • Mayor Pro Tem Biles returned to the meeting. 6. Consent Agenda Ordinances The Council considered the Consent Agenda Ordinances 6.A. - 6.B. A. NO. 95-118 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid 11757, 5.A.4. - Bid 11766) 1 fJi !f ~I~~o ( b • • ApMlalftl !IM- City of Denton City Council Agenda Do ~ g June 20, 1995 Page 30 B. NO. 95-119 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. (5.A.2. - Bid 11758, Bid 01765 - Btd 11765) C. NO. 95-120 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.5. - PC 155299) Brook motioned, Cott seconded to adopt the Consent Agenda Ordinances. Council Member Cott asked where the Longridge drainage and water improvements would be. Rick Svehla, Deputy City Manager, stated that the major trunk line would run on Longridge from Teasley Lane to Stonegate. It would split on Stonegate and go either direction on Stonegate from approximately 1001 in the southerly direction to 350' to the north. There would also be some smaller systems built to the trunk line or to Teasley from Fairfax and Penbrook. On roll vote, Miller "sye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Motions • A. The council considered a motion to reconsider the direction given staff to prepare a contract to hire the firm of Blair, Goggan, Sampson & Meeks to collect delinquent taxes for the City of Denton. (Krueger) Krueger motioned, Young seconded to reconsider direction given staff to prepare a contract to hire the firm of Blair, Goggan, • Sampson & Meeks. • • Mark Burroughs stated that last week Council voted to send a contract worth approximately $50-60,000 from an Austin based tax attorney firm to a San Antonio based tax attorney firm. His firm was the third finalist which was a Denton based tax attorney firm. 4 • _ ou ApOl pate A_ S- City of Denton City Council Agenda June 20, 1995 Page 31 He was in favor of reconsideration of the item but for different reasons. His firm was the best and only firm which should be representing the City of Denton. The other firms were aligned with Denton counsel but those local counsels did not control the tax collection services. He was the only competent Denton tax attorney. His firm offered local expertise and local availability. In a direct comparison with the two competing firms, his firm was highest. His six largest taxing units all out performed the City of Denton in collections. He asked for reconsideration of the vote and to hire his firm. Council Member Miller stated that two years ago when Council went through this process, he was assured by the firm which received the contract, that the local firm would be a hands on firm and would collect the taxes. He understood that Mr. Burroughs was hired to perform those hand on tasks. He asked what was Burroughs' involvement with the collection of the taxes. Burroughs stated that as a member of the firm of Hayes, Coffey and I Berry, he was working for the City. A problem arose that they did not receive a delinquent tax roll for City of Denton while working with Hayes, Coffey & Berry. He felt that the intent was to have hands on work but found out that that was not the situation. Mike Gregory urged the Council to vote against the motion to reconsider. Council had gone through a process and heard the various presentations. The numbers and performance had not changed since last week. His firm still had the best people, the beat system and collected the most delinquent taxes. He had heard that some Council Members might feel that there had been some misrepresentation of numbers by his firm. No one indicated this to anyone in the firm regarding any alleged misrepresentations and no one had requested any information from their firm. DeMetris Sampson stated that her firm of Blair, Goggan, Sampson and • Meeks had a local presence in Denton and had had such since 1986. in addition to the superior job of the collection of taxes, the firm had, in practice, an active and inclusive minority and woman business enterprise program. The decision made by Council last week was prudent based on facts. She urged the Council to vote to not reconsider, • Debbie Patton stated that she was the Denton office manager for • • Blair, Goggan, Sampson & Meeks. Last week Council directed staff to negotiate a contract with Blair, Goggan, Sampson & Meeks to collect delinquent taxes. She asked Council to not change direction regarding political pressure. yv pry', 0 0 11 1^ 1~I1 r"r Jv r "AMA, ~ • • ~9endaN0 49er►dalb City of Denton City Council Agenda ~itP X957 June 20, 1995 1 q8.7 Page 32 Nancy Primeaux stated that she was the Regional Manager for Blair, Goggan, Sampson & Meeks. Last week she shared comparisons between her firm and the McCreary firm which documented the superior collections of her firm. McCreary collected almost $70,000 less for the City the first year they collected for the City than her firm did during the last year for the City. McCreary's low effectiveness rate resulted in a $35,000 collection shortfall for the City during their first year. This was followed by a $27,000 collection shortfall during the last nine months. Every day the city allowed McCreary to collect delinquent taxes money was left on the table. She felt that the council had been supplied with figures which were misleading and incomplete. Peggy McCormick stated she stood behind their figures for collection rates. Gary Bennett stated that the figures given to the Council had been independently audited. The firm of Blair, Goggan, Sampson & Meeks was the attorney for the DISD which was pleased with their ` performance. Nothing had changed since last week and he urged the Council to not change its vote. Curtis Loveless stated that he was aware that since the vote of last week by the Council, at least two council member had come under intense political pressure from one of the losing parties. His information indicated that it might have gone so far as to question any future political career of the Council Members either directly or by implication. He felt this type of conduct was an j example of the worst characteristics of the political system and urged the Council to not yield to that type of political pressure. He felt it sent a message to the citizens of Denton that city Council decisions could be dictated by these kinds of means. He believed that the firm of Blair, Goggan, Sampson and Meeks was the best firm and could do the best job of collecting the City's tax dollars. He felt so strongly that he would forego any fee during • the next two years and would donate his services as he felt this was the beat contract for the City of Denton. He asked the Council to not reconsider their prior decision. Richard Hayes stated that when his firm made their presentation two years ago, they indicated that they were the best of both worlds. A local law firm which was known as litigators and the benefit of • a statewide collection lawfirm. Last week they had been asked what • • they did regarding the collecting of the taxes. He indicated that they meet with City staff, preform title research, have court appearances, attend trial settings, etc. It was not true that it was difficult to contact McCreary, Veselka, Bragg and Allen. The firm had an "800" number and a citizen did not have to call Austin r:. • • 4QendaNa. S- S City of Denton city council Agenda 4aten 7 3 June 20, 1995 Page 33 for service. During the last two years this firm had improved the City's collection when compared to the previous law firm. It was true that they had collected less dollars but there was a lesser amount of turnover. Year after year, there had been a decreasing turnover amount in total dollars. They had increased the percentage of what was to be collected. He indicated that he had not participated in any type of political threat and was not building an empire. They felt that they could do the City the best job. Gilbert T. Bragg stated that the involvement of the Hayes firm was very subjective. He could show the time sheets of the local attorneys regarding time spent in local courts. It was not true that his firm was leaving money on the table. The prior firm had left money on the table due to a failure to file a claim. Council Member Krueger stated that he was basing his motion on information which he received after last week's vote by a person he respected a great deal. He was responsible to not only the citizens of his district but also to all citizens of Denton. That responsibility included admitting when mistake was made. It was in his power to rectify any mistake he made. There were certain individuals whom he respec'.;ed a great deal and when those individuals provided him information and sought his counsel, he did not call it politics. He had made a mistake and wanted to fix that mistake. Council Member Miller asked what information came to light to change Krueger's mind as Miller did not receive any such information. Council Member Krueger stated that he had received information from an individual he respected a great deal and he would not go into details regarding the nature of the information nor the individual. • Council Member Miller stated that he intended to vote against the motion as he felt ro mistake had been made last week. He felt that the current firm had a better feel for Denton. He stated that he wished he knew this new information as he not heard of anything which would cause him to feel that the Council had not done the right thing. • Mayor Pro Ten Biles stated that he was personal friends with all of • the Denton attorneys, He had been badgered at home, at the office anal on the phone regarding this issue. Before he cast his vote j last week, he had one presentation by the Blair-Goggan firm. He ! did not have any presentations by the McCreary firm and spoke briefly with the Burroughs firm. As result of the presentations at .:T q f+50 w•;.. NJ, • w • r Doe City of Denton City Council Agenda June 20, 1995 Page 34 the Council meeting and as a result of the presentation he heard by Blair-Goggan, he voted and then, based on a number of things heard that evening, he decided that he would verify that he had made the right decision. The best presentation made last week was by the Burroughs firm. He was amazed by the types of number and types of information provided by the Burroughs firm. He checked items such as bankruptcy, foreclosures, and the participation of local counsel in the court room. When talking with judges, the Hayes firm was in the court house and were there in a litigation posture. Based on the figures he used, the percentages of collection had been increasing as result of the McCreary representation. His first vote was cast on the basis of objective criteria and he would vote again based on objective criteria. On roll vote to reconsider, Miller "nay", Young "aye", Cott "aye", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. Council Member Miller asked what staff direction was needed. ' Herb Prouty, City Attorney, stated that the current tax contract expired at end of this month but that there was a 30 day extension with a month to month provision. In uhs negotiations with city staff, there were some changes made over last year's contract. His recommendation would be to extend the current contract until the Council voted on a new contract and until that contract was executed. There would be a need to see if the agreed on firm would agree to the contract provisions. Council Member Miller understood that under the present contract, the rolls would be turned over the first of July. Would this mean that nothing would be processed under the new contract until July 1 or until the date of the contract, which ever was later. A a motion might indicate that in extending the current contract the McCreary firm would not start collections under the new contract on II • the 1994 taxes until July 5 or until there was an executed i contract. Mayor Castleberry asked if there was a provision in the current contract to continue for 30 days. City Attorney Prouty stated that an extension would be needed at • least until July 5. , • h Mayor Castleberry stated that there had been a recommended motion to extend the contract with the current firm until July 5, 1995. • 0 • v+ Apft No S-G I City of Denton City Council Agenda June 20, 1995 ~6 Page 35 Cott motioned, Young seconded to extend the contract with the current firm until July 5, 1995. On roll vote, Miller "nay", Young "aye", Cott "aye", K*ueger "aye", Brook "nay", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. City Attorney Prouty stated that staff now needed direction on which firm to negotiate a contract with and that the McCreary firm not institute collection of the 1994 taxes until July 5 or when an executed contract was completed, whichever was later. Young motioned to hire the firm of Hayes, Coffey and Berry. Motion died for the lack of a second. Miller motioned, Brock seconded to direct staff to negotiated a contract with Sawko and Burroughs for the collection of the 1995-96 year. On roll vote, Miller "aye", Young "nay", Cott "nay", Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 2-5 vote. Cott motioned, Young seconded to negotiate a contract with McCreary, Veselka, Bragg and Allen for the collection of the City's delinquent taxes and to not institute collections on 1994 taxes until either July 5 or whenever a contract was executed. On roll f vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. 8. ordinances The Council considered an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Deloit-e and Toucho, L.L.P. for an independent audit. (The Audit Committee recommended continuance of Deloitte arid Touche, L.L.P. audit services for the current fiscal year ending Septem),er 30, 1995.) • Susan Croft, Internal Auditor, stated that this was the fourth year of a five year agreement. The agreement allowed for an annual review of the upcoming contract. The following ordinance was considered: • NO. 95-121 , • AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE AND 4OUCHE LLP FOR AN INDEPENDENT AUDIT) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING AN EFFECTIVE DATE. l~. • w • el 2.9 +pelad8 No 4gesldel jg_q5 City of Denton City Council Agenda June 20, 1905 Page 36 Biles motioned, Cott seconded to adopt the ordinance. On roll vote., Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered an ordinance authorizing the Mayor to execute a contract for the collection of delinquent taxes; providing for the expenditure of funds. This item was not considered. 9. Resolutions A. The Council considered approval of a resolution postponing the regular Council meeting July 4, 1995 to July 5, 1995. The following resolution was considered: NO. R95-031 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JULY 4, 1995 TO JULY 5, 1995; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Miller seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger 10aye", Brock "aye", Bites "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered a resolution approving the application of Wal-Mart Stores, Inc. for plan lire funds for construction of water and sewer lines for a Wal-Mart facility near the southeast intersection of Loop 288 and Spencer Road. (The Public Utilities Board and the Planning and Zoning Commission • recommended approval.) Bob Nelson, Executive Director for Utilities, stated that each year the Council set aside $500,000 for development plan lines. These funds were used to extend water and sewer lines across vacant property to new developments. This funding plan line would be for the construction of water and sewer lines for a Wal-Mart facility • near the southeast intersection of Loop 288 and Spencer Road. • The following resolution was considered: • w • 4perMaNo. AgendaN `Z oate.-... ` ~ City of Denton City Council Agenda 76 C~ $3 June 20, 1995 Page 37 NO. R95-032 A 1=0LUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPLICATION OF WAL-MART STORES, IN(.. FOR PLAN LINE FUNDS FOR CONSTRUCTION OF WATER AND SEWER LINES FOR A WAL-MART FACILITY NEAR THE SOUTHEAST INTERSECTION OF LOOP 288 AND SPENCER ROAD) AND DECLARING AN EFFECTIVE DATE. Biles motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. f 30. The Council considered nominations/appointments to the City's Boards and Commissions. The following nominations were considered: Airport Advisory Board - Hal Jackson, Rick Woolfolk and Mike Stephens. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Mucion carried unanimously. Animal Shelter Advisory Doard - Veronica Rolen. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brook "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Board of Adjustment - Rachel Mays and Ed Terry. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Bile: "aye", and Mayor Castleberry "aye". Motion carried unanimously. Building Code poard - Willis Hudspeth and Nicholas Eassa, On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brook • "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Cable T. V. Advisory Board - bee+sie Johnson - On roll vote, Miller "aye", Young "aye", Cott "aye'', Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "ava". Motion carried unanimously. • , • • Community Develonmqpt Advisory E4Almittee -Nathaniel Johnson, James McDade, and Roberta Donsbach. On roll vote, Miller "aye:", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", ani Mayor Castleberry "aye". Motion carried unanimously. i r', 0 ~endaNo. a~endalt oats„ " City of Denton City Council Agenda '7X7003 June 20, 1995 Page 38 Downtown Advj,lory Board - Don Davis, Teri Rheault and Don Hill. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Electrical Code Board - Stuart Cawthon, Fred Reed and Terry Schertz. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Historic Landmark Commission - Brian Briscoe, Bullitt Lawry, Suzanne Byron, Mark Merki, Charlye Heggins and Alan Smart. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Human services Committee - Wesley Stewart, Catherine Bell, Carol Riddlesperger and Ramiro Valdez. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Silas "aye", and Mayor Castleberry "aye". Motion carried unanimously. Keep Denton Beautiful Board - Doug Ebersole, Jean Ross, L. W. Lawson, and Martha Len Nelson. On roll vote, Miller "aya", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Library Board - Linnie McAdams. on roll vote, Miller "aye", Young ` "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. Library Board - Jean Greenlaw. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Silas "aye", and Mayor Castleberry "aye". Motion carried unanimously. Parks ad Recreations Board - Doug Chadwick and Burkley Harkless. • On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. < Planning and Zoning Commission - Council Member Cott motioned to table this item until the next • meeting for discussion. Motion died for lack of a second. , • The nominations for Rudy Moreno and Barbara Russell were considered. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 41 • • r Agenda%a S -C 9 _ ggendaller~! S ~ mte__~.`!5 .S_ City of Denton City Council Agenda ~7~0653 June 20, 1995 Page 39 The nomination for Bob Powell was considered. On roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "nay". Motion was defeated by a 3-4 vote. The nomination for Guy Jones was considered. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Plumbing and Mechanical Code Board - Frank Cunningham and Dave Reynolds. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. The nomination for Karl Martino was considered. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6- 1 vote. public Utilities Board - Dick Norton. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. The nomination for Bob Coplen was considered. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. gign Board of Anneals - John Weber. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Traffic Safety Commission - Harry Phillips, Brenda Minnis and Jim Hobdy. On roll vote, Miller "aye", Young "aye", Cott "aye", I Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry ' • "aye". Motion carried unanimously. 1 Civil Service Commission - Jana Bates. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. • TMPA Board of Directors - Bill Giese. on roll vote, Miller "aye", • • Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", J and Mayor Castleberry "aye". Motion carried with a 6-1 vote. The Council nominated the following: • s► • Ageodnltam-,-.---^^~- oate_ City of Denton City Council Agenda 7" June 20, 1995 Page 40 Animal Shelter Advisory Board - Lynn Stucky Board of Adjustment - Bill Colville Cable T. V. Advisory Board - John Kuiper and Candice Lispa Community Development Advisory Committae - Lisa Polack Data Processing Advisory Board - Don Edwards and Anthony Hudspeth Downtown Advisory Board - Bernice Wilson and Bill Thomas i Human Services Committee - Roy Davenport and Mary Morimoto Keep Denton Beautiful Board - French,,, Rheault, Cresha Samford Beattie Library Board - LaKisha Cravens Parks and Recreation Board - Gwendolyn Carter Tanning and Zoning Commission Council Member Young indicated that he would like to have the Council reconsider Bob Powell. Herb Prouty, City Attorney, stated that a motion to reconsider would huve to be made regarding that nomination. Young motioned to reconsider the nomination of Bob Powell. Mayor Castleberry stated that he could not make that motion was he was not on the prevailing side. Cott motioned, Young seconded to reconsider the vote for Bob • Powell. Council Member Young stated that this appointm( it was important to him. He felt that Bob Powell would be a plus for the Planning and Zoning Commission. He felt that the Council Members who were voting against the nomination were voting against personality and that was not fair. Mr. Powell should have the opportunity to prove • himself. Anther reason for voting against the nomination was • ` politics as Mr. Powell was a Republican. Council Member Cott stated that he did not see this as a aolitical issue. Powell had a consistent history of radical moves when on committees and issues. That was the reason he voted against the I I 1. 1 I NO We 91 City of Denton City Council Agenda d*^ d June 20, 1995 d Page 41 nomination. On roll vote to reconsider the nomination of Bob Powell. Miller "nay", Young "aye", Cott "aye", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "nay". Motion carried with a 4-3 vote. Council Member Young nominated Bob Powell. City Attorney Prouty stated that the nomination could be voted on that this meeting. on roll vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye", Brock "nay", Biles "aye9l, and Mayor Castleberry "nay". Motion failed with a 3-4 vote. Council Member Young nominated slick Smith to the Planning and zoning commission. Sign Board of Appeals - Bob Powell and Mark Chew. I Traffic Safety Commission - Carolyn Bacon 11. The Council considered nominations/appointments to the Sesquicentennial Committee. The following nominations were madei Mayor Pro Tem Biles nominated Sherri Etheredge, Jane Jenkins and Carl Anderson. Council Member Miller nominated Sherri Turner. 12. Vision Update • Council Member Brock stated that the action plans were being finalized with presentations to be made in July. 13. Miscellaneous matters from the City Manager. Council returned to Work Session Item 02. i 2. The Council received a riport and gave staff direction regarding hotel occupancy tax rcwipient contracts. Krueger motioned to have staff prepare an ordinance using scenario A and to hold a discussion at a later date regarding possible new organizations to be included in funding. 1~iY Lel.,la -.1, 1d 14. i? • • 4pendaNo -c^IL.~ Agenda►t City of Denton city Council Agenda June 20, 1995 Page 42 Mayor Castleberry asked for a review of Op'-.ion A. Fortune stated that option A assumed that the current five recipients would be funded. It would provide them the same budget for the 1995-96 year as they had for the 1994-95 year. The allocation percentage rate would decrease slightly for each organization and would provide $35,888 dollars for alternative uses. City Manager Harrell stated that the next step would be to draw individual contracts for those five organizations following the percentages in Scenario A so that it was expressed that if the estimate went over, it would be rolled over to the following year. Krueger indicated that part of his motion was to return at a later date to discuss how to allocate the excess. Biles seconded the motion. Mayor Castleberry indicated that this would be Option A as shown. Additional agencies would be discussed later, Any excess would go into a reserve fund. City Manager Harrell replied no. A contract would be prepared noting that any excess would roll over into the starting funding level for the next year. Mayor Pro Tem Biles indicated that this would be a two year contract. The first fiscal year the proposed contract would be a set a^:ount predicated on a tax rate of 2.46% of the $.07 wnich would be 37.71% of the total revenue. For the second year of the contract, an agency would continue to 2.464 or 37.31% of the total revenue. The second year of the contract was not known until the revenue projection was completed. Excess funds; would be held in escrow for that organization. The following year, the organization • would still receive 37.318 of the projected revenue plus whatever had been exceeded the previous year. If there was a shortfall, the organization would experience the same decline. Mayor Castleberry asked what would happen to the excess after the first year. • Mayor Pro Tem Biles stated that it would be held in escrow for the • • organization. He questioned what would happen to the excess after the second year of the contract as the City would not have the authority to give the organizations the excess at the end of the second year. • A • aaen 18 s Agendall ? City of Denton City Council Agenda June 20, 1995 Page 43 Mayor Castleberry stated that that money would go into a new two year contract. Council Member Krueger stated that if there was a dramatic increase, the percentages could be changed during the second year. Mayor Castleberry stated that he would be more comfortable ,.f the excess was placed in a reserve fund rather than an escrow fund. He was concerned about large current reserves and why the organizations were not using that money. He felt it would be creating a bigger reserve. Council Member Miller stated that. the current groups were concerned about reducing funding and not about the caps. There would be a 7% reduction in their budgets. He understood that their concerns were with the cuts and not so much with the cap. Council Member Young wanted make sure that the Black Chamber of Commerce would receive funds, Council Member Krueger stated that that would be discussed in a future session, Mayor Pro Tem Biles stated that he had heard three objections to the preliminary proposal. The first was that there was not enough time to review the contract. The second that there would be a decrease in funds and the third was the dollar budget cap imposed rather than a percentage of the dollars. Mayor Castleberry stated that the motion guaranteed the five organizations listed. At a later date Council would discuss other groups which might be included in the funding. The Black Chamber of Commerce was not specifically indicated at this point in time. on roll vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye", • Brock "aye", Biles 'aye", and Mayor Castleberry "nay", Motion carried with a 5-2 vote. J 14. There was no official action taken on closed Meeting Items discussed earlier. 15, New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young stated that the City had received $250,000 worth of grants for the COPS program to hire 3 police i • N d• i { 4 :R Sj • r . - . .-Mri s:Au;. nVr++nt+fA\FYk cltvi.s1Yi'hKtlA'.Y K'. ApWa No, S- da) Date S City of Denton City Council Agenda) June 20, 1995 Page 44 officers. He indicated that he wanted 3 Blank officers hired with that money. City Manager Harrell stated that the City was governed by Civil Service rules and could not guarantee that that would happen. B. Council Member Miller requested a study regarding the opening of the recreation centers for late night basketball. C. Mayor Pro Tem Biles asked for a report on the Civil Service process dnd an update on the changes in process and how that impacted the City's decision making capabilities and options. D. Council Member Brock asked for a report on spraying for mosquitoes. E. Council Member Brock asked for more information regarding the access to Loop 288 for Taco Bell. 16. The Council returned to the Closed Meeting to discuss the following A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed Preston v. Jatloe & City. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Interviewed and considered Regular Part-time Municipal Judge candidate, the selection process, and offer of employment. with no further business, the meeting was adjourned. BOB CASTLEBERR , MAYOR CITY OF DENTON, TEXAS , JENNIFER WALT& CITY SECRETARY CITY OF DENTON, TEXAS AC00028D it- M ~ 'I v 3D • c. DENTON oz2QNo ooD 0000 000 AV °Oo bs NG ~o d ~ o a OOC~ r ~ Op0 0000 p N .t0 0000 oaacoon CITY COUNCIL ~ DATE: August 15, 1995 f /4 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: Hold a public hearing and consider an ordnance amending the Detail Plan of Lot 4R to Include retail, as well as the already approved office and apartment uses. The subject property consists of 0.661 acres, and is In PD-168. The property Is located between S. Elm Street and S. Locust Street, approximately one hundred and forty (14(Y) feet north of Prairie Street. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the Detail Plan (4.0)• SUMMARY: See Planning and Zoning Commission deport. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED; Not applicable, FISCAL IMPACT: None. Respectfully submitted: Lloyd Harrel! City Manager , M r > ~ J. r r - `aa M 3 1 r` ''~A T SRiI~~~~+Fly[ aTf ~.j'.+ 1Y4~eGi +r f k M'4 R Y .,...k ,..:l^. ♦ WAND. 16- z~ ►y Prepared by: Waiter E. Reeves, Jr. Urban Planner Approved: Frank Robbins, AI Director iii Planning and Development Attachment 01: Planning and Zoning C:)mmission Report. Attachment 02: Ordinance. Attachment 03: Draft minutes of August 8, 1995, P & Z meeting. Y w t yr, r r i t z', t'~c i~ .ply iv gad ,f l l ~l I ry+ 1Y1 . 1. H..11J5 c r'rtr ~I'rtr rt {eYjjYr W'. ~ ~ 'fit t ~ t~ ✓'~.'3~~.~1~,y~~k; r _ o► • agendaNo. 5 Agentlaltern gate. PLANNING AND ZONING COMMISSION REPORT Case #fZ-115.017 To: City Councll From: Planning and Zoning Commission Date: August 15, 1995 Subject: Amendment to Detailed Plan of Lot 4121 GENERAL INFORMATION Applicant: Mr. Jack Bell, Jr. 1002 Dallas Drive Denton, TX 76201 Owner Same Action: Requesting amendment of the detailed plan for Lot 4R to include retail uses on the ground floor in the list of uses, and amending the detailed plan notes as shown In Attachment 3, Location: The 0.661 acre site Is located between Elm and Locust Streets, approximately 140 feet north of Pralrle Street Surrounding Land Use and Zoning: North; Undeveloped Commercially zoned land, the proposed site of the remodeled Southern Hotel, and associated development. South: The Mercado Juarez Building In the Commercial zoning district (restaurant and office uses). East: Locust Street and PD-146 (a similar commerclal/residentlal development). West Elm Street and retail development in the Commercial zoning district. Denton Development Plan (DDP): Urban Center (Major Activity area). SPECIAL INFORMATION Transportations Existing transportation infrastucture will handle the proposal adequately. A Joint parking agreement between the owners of Lots 4R and 5R has been executed. • Utilities: Existing utility Infrastructure will handle the proposal , • adequately. Water will be delivered by tapping a four (4) inch line across Elm Street, I • ~endaNo. a agenda) S Gate Drainage: Existing drainage Infrastructure will handle the proposal adequately, and the new development has not Increased the impervious surface. The entire lot Is in the floodway fringe, and finished floor Aevations of the new structures will be above the 100-year flood elevation. BACK QUND The site has been In a commerclal zoning district since the adoption of the 1889 zoning map by the City. It was previously the site of s car wash and retail structure, both of which have been demolished. A new mixed use structure (apartments upstairs and office uses downstairs) Is nearing compteton, This proposal was reviewed by the Planning and Zoning Commission on February 22, 1995, and a recommendation to approve the request (6-0) was forwarded to the City Council, The City Council approved the request at on March 7, 1995, (6.0). A minor amendment was made by the Planning Director on March 10, 1995. This amendment will Incorporate that amendment, NOTICE Notice was made 12 property owners within 200 feet of the proposed Detail Plan amendment. As of the time of preparation of this report, two replies had been received, both In favor. ANALYSIS The reason for this request Is very simple. All the Information on the proposed project was for a combination of ufflce and apartment uses. Mr. Bell's original Intention was for a combination of office, retail, and apartment uses. This was not communicated to the staff by any of the information submitted, and the request went forward, and was approved, for office and apartment uses. In order to have retail uses on the ground floor of the building, Mr. Bell must amend his detail plan to Include those uses, and that is the reason behind this request. 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 is to promote a mixture of high-density rosidential use and employment In Urban Centers. The DDP's policy concerning adequos Infrastructure !s followed by this proposal • RECOMMENDATION B The Planning and Zoning Commission recommends approval (4 - 0). j1 -L I-B-1 i 4 a ADO* No Agendal Date ALTERNATMS 1. Deny to ubmRted detail plan. S 2. Approve as submittedr 3. Approve with conditions, 4. Postpone consideration. ATTACHM ENT8 L Location Map. 2. Approved Detailed Plan. 3. Amended notes for Planned Development on Lot 4R. I I i Ii i a, a f ~ 7 ! yN . ~ ~ ~ • . .r . • ~ 4. y: .yf!++aYytsivf",.l~ 7~ki ~i~~~t~+k~..~s~ •a • • 4QIAdiNa.~'S ATTACHMENT 1 081E 6%/4 NORTH ~o w ILE]o" O OE _J OAX MCRGRY ~FIQO1E]DMO El e-l aoo a®DU SITE o F --Qt~ • • 4~. AL£Gk£ VISTA booatiea map r ATTACHMENT jk AD I` , S, I 1 Zoo r, T Stroud ! N ! ~ I N It] ` in I OU Lot I•R L ! I OeM11 Donlon Mevslnt Autherlfy W ~I Us*%Vol" I so 44 } h M 0101110' M MOAT W s?)r 11 Nf.' ' V -1v I w 6.1 /a / e a H~ r O ~d' Ewir. q4 I 3 =.r ~ IIe1 Lor -R M I I ~ w I c Jura /F _ 41 Prairie St. _ o . I i ! ' a2 I 15, c • ~stnQ ^•Iy'^^' L111HIM CMI WI 4 two N1616AI DETAILED PLAN ----f'M- rN/1rq Lomf town ►eN wells Mee • for 11Mlla•fl PLANNED DEVELOPMENT L - weu. sane + sbnl L'01 2ONINO REOUEST , • _ _ O'a~ue Eloevla ® E14Iee Iouene on LOT 4•R fs soMler Sao! ® lot Floe Orllco ie=T Block 27 of the n.. L.~1 • 1011" rr FN' Original Town of Denton fW MU NI 8e1n9 0.661 Acres in the telo,ne LoI se1Ln~ - tAe FN« bn+nNni W, Laying Survey, A•759 W'. 4" ove0enl Hfq Clly 8 CeunlT of Denton, Texas 100•yu. Flood E14ri1'111 WU4 wj c- `ti J - • • a~ ATTACHMENT 3 Date if~r S 5GOO Iy AMENDED NOTES FOR PLANNED DEVM.9PMENT ZONING REQUEST ON LOT 441t Detailed Plan Notes: 1. Lot 4-R Is owned and will be developed by Jack Ball, Jr. of Denton, Texas. Two existing vacant buildings wBl be demolished and removed. Planned Development zoning is requested on the W. Three structures will be Will; each with office space and retail on the ground floor and apartments on the second floor. 2. Lot 4-R is 0.881 acres of area. The building will be set back approximately 23'8" from S. Elm and S. Locust street rights-of-way. This setback Is more than the other butidings on Block 27 (the Mercado Juarez restaurant, the Denton County 5 story building at S. Locust and Sycamore, and a masonry building on S. Elm.) 1 Development Standards: Maximum Building Height 2 stories Maximum Building Area ( Total of 3) 6480 sq. ft. (ground floor office.) 0100 sq fl. (second floor apartments) 12,680 sq. ft. 4. Parking will be shared between Lots 4-R and 6-R. A written joint use agreement will be provided by Mr. Bell, the owner of both tots (and the buildings thereon). Parking shall be provided according to sections 35.30 (c) 2, 36.301 (c) 16, 36.301 (o) 19 of the Code of Ordinances. 5. No drainage structures are proposed with this redevelopment. Lot 4-R has 95% f Impervious cover at present. The entire lot is located In the floodway fringe; It is inundated by the 100-year food twt it is beyond the floodway limit. Consequently, construction Is permitted if (and only if) It complies with City and federal flood plain management regulations. It is required to provide finished floor elevations at least 1.5' above the 100-year flood elevation. • 6. All necessary water and sanitary sewer main Improvements are In place to serve this redevelopment. No new construction is proposed. Electric facilities are available to the lot. A new transformer will be installed at the northeast comer of the lot. 7. Lot 4-R is entiraly within the city limits. Current zoning Is Commercial. 8. Lot 1-R is owned by the Denton Housing Authority, It Includes the old rive story hotel ® at the comer of Sycamore and S. Locust Streets which will be remodeled for housing use. The portion of Lot 1•11 adjacent to Lot 4-R Is currently vacant ground. • % i er t i • A:1 h1.>i.l r..`..•..\ s i. ..t nau..~• r .W. uu..l.Y WIII "oo 0. Traffic Generation (based on Moderate Act" Center rate); 0.661 ac, x 3501ripstday4cw ■ 231 tr4Wday I ' 10. No public open space Is proposed for Lot 4-R. 11. No fencing, berms, or screening are proposed, 12. Concrete sidewalks exist along the entire frontages of S. Elm and S. Locust Streets. Both sidewalks am located In the street right•of-way, They are not shown on the drawing In order to avoid clutter. 13, Protect signs: Two free standing directory signs will be constricted, one at each end of the lot near the buNding. Each sign wM have 26 square feet In surface area, 14. Apartments on the second floor may be larger than the first floc'. The apartments will overhang the offices and retail at the front and roar walis. Building setback Ostances from the dot line will be 10' for the first floor offices and mW, and at least 71" for the second fim apartments. MinOunt finished floor alevatloris we shown for each office, (Add 630' to each number.) Refer to Notk• 6 for additional Informailon, 16. Twenty-five 6 gallon dwarf Burford HoNy and two 2" Texas Red Oak trees will be planted at each end of the new parking lot In the "screening awe," The phntktg bed width varies from 3' to 8' along S. Elm and averages 6' elong S. Locust. "Ave percent of the total street yard will be landscaped i i 1 i • • . ~..~r~.~w~ . • tit ~ . ~ , , n Yfhy?rY • • s ..F 95-0,29_ ApentlaltenU~-~~- 101 /GJ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN OF LOT 4R, BLOCK 27, ORIGINAL TOWN OF DENTON, A 0.661 ACRE TRACT LOCATED APPROXIMATELY ONE HUNDRED FORTY FEET (140') NORTH OF PRAIRIE STREET, BETWEEN ELM AND LOCUST STREETS, AND MORE PARTICULARLY DESCRIBED IN E°RIBIT A, A'T'TACHED HERETO AND INCORPORATED BY REFERENCE HEREIN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE. DATE, WHEREAS, Jack Bell previously applied for and received approval of a change in zoning from the Commercial (C) zoning district and use classification to the Planned Development District zoning district and use classification (PD-156), upon passage and approval of Ordinance 95-043 on March 7, 1995; and WHEREAS, Jack Bell has subsequently applied to the Planning and Zoning Commission to amend the detailed plan applicable to as:i zoning, to allow retail uses i•4 addition to those already approved; and; and WHEREAS, on August 9, 1995, the Planning and Zoning Commission recommended approval of the requested amendment to the previously approved detail plan; and WHEREAS, the City Council, finds that the amendment to the detailed plan will be in compliance with the Denton Development Plan; NOW, TREREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the detailed plan for the PD-156 zoning district classification and use designation of the 0.661 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by reference, is hereby amended to include retail, as well as office and apartment uses, under the comprehensive zoning ordinance of the City of Denton, Texas, said amendment being effected by the approval of the revised notes contained in Exhibit • 8, attached hereto and incorporated by reference herein, which supersede the notes contained in the original detailed plan. SECTION 11. That the provisions of this ordinance govern and { control over any conflicting provision of ordinance No, 95-043. SECTION III, That a copy of this ordinance shall be attached • to ordinance No. 95-043, showing the amendment herein approved. • SECTION IV. That any person vi-)lating any provision of this i ordinance shall, upon conviction, be, fined a sum not exceeding $2,000.00. Each day that a provision oz this ordinance is violated shall constitute a separate and distinct offense, > , ''t Y3q' y b' f 1 • F' S . t. ~ ' is i~ t t.t •y r r - i i e; `';;gyp ;!!,b a: /,.a l.i~1: 9.!'m1:. .l.n...14 «fua tr.. e:Kl Fli tai or...;t»e.w:N.cv`.+;a+r+.r.,tr;r,.o.!\kvuu[u4rtadya^i w,x,MS+hMGTdiVl4Wa~ lld~ 1 SECTION V. That this ordinance shall become effective fourteen (19) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a dai newspaper published in the City of Denton, Texas, within ten (Ily days of the date of its passage. PASSED AND APPROVED this the day of 1595, BOB CAST1,90E.RRY, WY-OR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY + ~,t ~,~2~'rw r V3y + 1yyF'' • r a8endaNo 9S- 9~ Agetrdal I/EZEIBIT All [seta 4bei ALL that pertain lot, tract or parcel of land lying ansituated in the Millie Loving Survey, Abstract Number 759 in the City and County n1' Denton, Texas and being part of Lots 3, 4, 5, and t. Block 27, original Town of Denton, as described in the deed from Dallis I. Cruse to B.S. Frost recorded in Volume 5610 Page 191 of the Deed Records of Denton County, Texas and in the dead from gone Frost Oil Company to Stanley P. Frost and wife recorded in Volume 431 Page 471 of the Dead Records of Denton County, Texas the subject tract being more particularly described as follows BBOINNING at the northeast corner of said Frost tract recorded in Volume 3610 Page 191 of the D.R.D.C.T., same being a point on the west line of south Locust Streets THENCE South 020 070 080 East along the east line of said Frost tract (V. 541/P. 191) and the vast line of South Locust Street a distance of 76.00 feet to a point for corners THENCE south a9' 300 2511 West along the south line of said Frost tract (V. 541/P. 191) a distance of 131.11 feat to a point for corner, said point lying in the east line of said Frost tract (V. 656/P. 471, Tract I)s THENCE south 00' 250 3511 East with the east fine of said Frost tract (V. 654/P. 471, Tract 1) a distance of 36olS feet to a point for corners THENCE South 89' 370 0911 West with the south line of said Frost tract (V. 456/Pe 471, Tract I) a distance of 131.19 foot to a point for corner, said point lying on the *set line of South Bla Streets THENCE North 00' 260 491, West along the east line of South Bin Street a distance of 115.25 feet to a point for corner, said point being the northwest corner of said Frost tract (V. 456/P.471 Tract II)i THENCE South 894 430 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. 651/P.471 Tract 11) and the northwest corner of said ♦ Frost tract (V. 541/P. 191)1 THENCE south 890 $70 1711 East along the north line of said Frost tract (V. S61/P. 191) a distance of 149.83 feet to the POINT or BEGINNING and containing .661 more of land. M W P&Z MinutesaNe OZ August 9, 1995 Page 10 A"I We - ~ VII. Consider the Detailed Plan Amendment of Lot 4-R. The 0.661 acre site is located betweln Ehn and Locust Streets, approximately 140 feet north of Prairie Street. Mr. Reeves: This detail plan was approved by the ^ommission back In February and by the City Council In March. The uses associated with this detail plan were office and apartment uses and the buildings are already up. It is the complex just north of Mercado Juarez. Apparently through the process the intention on Mr. Bell's part was also to have retail uses along with the office and apartment uses. That Intention didn't get communi- cated to us so what got approved was what Mr. Bell asked for but wasn't what he Intended to ask for, He has requested an amendment to the detail plan to allow retail uses along with the office and apartment uses that have already be-en approved and that is wl it we are here to do tonight. Staff recommends approval. Mr. Powell Is there enough parking available? Mr. Reeves: Yes, based on the information that we have received there is sufficient parking, Mr. Moreno: What type of retail establishments specifically is he wanting? Mr. Jack Bell: My name is Jack Bell and I reside at 2710 Hartlee Field Road. The majority of the complex will be office use. It was intended to be office use and it is not really laid out well with large store fronts for retail type use. The first thing that came up was a hair salon and that is the reason for this request. 'rhe intention originally was to have the zoning changed so we could put the apartments above the commercial zoning. Mr. Powell: It would appear to me that you have done more personally to improve the f appearance of the downtown area than anyone else. 1 have never had a chance to tell you that and I wanted to take the opportunity to tell you that now. Mr. Bell: Thank you. We wanted to do it and we enjoy taking the buildings, taking the car dealerships that have amble parking, and providing businesses a place where they can be close to the downtown area. This project I feel will fit those requirements as well. 1 Ms. Russell: It does look quite nice considering what was there prior to this. I would say that you have met a need that I have heard concerning people that want to live downtown. Mr. Bell: The apartments have already been teased out. We are sitting at just over fifty S 0 percent occupancy on the total project. We are putting in the landscaping this week. Ms. Russell: Any other questions of Mr. Bell? Any other comments? N P&Z Minutes ~ August 9, 1995 DRAA A t Page 11 C1"i . Mr. Moreno: 1 move that the request be approved. AP0111 -16 two -!5•~'~r Mr. Jones: I'll second, Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed same Ogn Approved, (4-0) • w W 1~ . ~ ~ ~YF~11 &j r • 0 • w 0 r DENTON ~oaooooaQOOOp D ~o ~O c~ ~ o o C~ 173 C=l 0 d 0000 ~ N ooOQ oa~aaoc~oo CITY • ® COUNCIL r ~ 1 . .,.n...,:.. . M1'.4 •.11GG.1Y1'f rf~'{pll.' August 15, 1995 REPORT. t c61~ TO: Mayor and Members of tttd City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Variance to Sec, 34-125, b of the Subdivision & Land Development Regulatlons regarding Stateson/Miller Addition Private Road RECOMMENDATION: The Planning & Zoning Commission recommends approval with the condition that deed restrictions and covenants be approved and filed, which provide for the maintenance of the road by a vote of 4-0 at the August 9, 1995 meeting, SUMMARY: The variance provides for a private road, and Its maintenance, in Denton's extrateiTitorial jurisdiction. BACKGROUND: See attachment. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Property owners. M AL IMPACT: Atone. A Respectfit omitted, Lloyd .Harrell, City Manager . ♦ • }~YR~C F\ I ^S J4 ~ G 7 G I' \~U'A 4r I C~~4f S s 0 • r .,...s•.-wre v,rxY .rr ynNL4.1C"iYtt;<I1L^(y 9S --Qe C? Date ~y Prepared by, a, Owen Yost, ASLA Urban Planner Approved by, Fra&, H. Robbins, AI Director of Planning & Development Attachment: 1. Report. 2. Location Map. 3. Preliminary Plat. 4,. Variance Application. 5.• P&Z Minutes. Axxouaon % . _ tIQ "Ida NO Apaldrtl . ATTACHMENT 1 ~E 7^ CITY Of D#hTMj TEXAS MUNICIPAL BUILDING • 215 E. MCKINNEY • DENTON, TEXAS 78201 (817) 566.8200 DFW METRO 434.2529 MEMORANDUM DATE: August 9, 1995 TO: Mayor and Members of the City Council FROM: G. Owen Yost, Urban Planner SUBJECT: Stateson/M;llcr Addition Private Road I I Zach Stateson, part owner of the Stateson/Miller Subdivision located north of Warshun Road and west of Green Valley Road In Zone 1 of Denton's ETJ has applied for a variance of Section 34- 125 (b) concerning street access. The cited section states that private roads are only permitted in Planned Development Zoning Districts. As this property is outside of the city limits where zoning is not required, there is no mechanism to provide private roads outside of the city limits. Section 34-114 (13) also required the developer to provide the city with a copy of the subdivision's covenants and deed restrictions providing for the maintenance of all privately maintained common areas. The applicant is proposing a private road and has not submitted covenants and deed restrictions at the time of this writing. The applicant does meet all other private road conditions which relate to through traffic, drainage, and access to a public road. This variance is not based on the shape, topography or location of the property but is based on reasonable relationship between the requirement and the type of development. Therefore, the council must consider the following: Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds anv reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to ivaive such exactions, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by City Council. A The Commission recommends a variance of the private road requirement with conditions. ♦ i Denton County will not allow a graveled road to he dedicated to the public. Constructing this road to County standards wsuld cost well in excess of the $18,000 or so recommended. However, the County will allow a privately maintained road to be graveled. "Dedicated to Quality Service" A ' ff .Y' _ M' {t~.1; Y S •pi ~c4 axa1R y.y . ii x Yei y4i 6 >d., :>1.. ...r......n...v,•ewnYw4•v.yeU.ifnxialT Mayor and Members of the City Council August 9, 1995 Page 4 The Commission recommends the following condition: Covenants and deed restrictions be approved and filed which provide for maintenance of the road, G. Oifen Yost IA GOY:lah i Axxooenn }^~l~r v • L- ~ . r f~ r ATTACHMENT 2 f °m° NORTH LME RT8 t - _ X41 " (.e"~~~} f WRFYNOLDS HWY 5w, J r~ SITE ._j -,i F - - 1 . --F -31 9 - 1 r t } lid ' .i Location gad i +5 i • 'ifil^A ~AI.r!. ~fYi:'!N.!.W41YNKw6'NW4',Y1V:lkY.fW'.Javia~f w.u.3a a..el Mrr,w.. f na ».ru.q.,.e..x._u..w ...,r.a.e.nwr....~.,aru~r .vn r.r.e...~....wm.....r.. .w.. ..a.rr .nr n.+~..........rw.l(.fw,„wnv +noiw.rbnrW~n EAST 1e,M J2J 9T - pP ~~~~~ppp(1, OE. ? j THOMAS S"~ RVEY A- 2 0 ' n PRELIMINARY PLATd LOTS 1 THRU 4, BLOCK A Of 33.034TACRES: STATESON-MILLER ADDITION 76.093 ACPES IN THE I W. T110MA . L1 AL 10 j J. THOMAS SURVEY A-1240 A vOw i- 1[.Lj R(A 42, DENTON COUNTY, TEXAS ON bC T. FLOOD 10M C W zz FLOO J 10Nr. 0 _ ;TA AND i \ BLOCK A paorosco t r y n....~ 4- t APPNO% tOCAfIfiH . 1200056 LO 2 2197 OF G q 1_ + 1 iONI S I AR G A9 R • .6 5.92e ACRES ACRLS ~„1 ':VRVk r y L = 12525.1 a' n LOT ! 71!!] ACRES OLD LOT s I TANR ri ` \p THOMAS 10437 ACRtS~ ROAD x e7'34'54` IN o Vcl EC vr,vAlC, ROAD m ac 75.Oe' X cTl 'ey itid vio v.~~ N ' iY S 072! 4i• w . 1001.11' ~.q TOM ~i r N '114! E o I e 10 24,M ROXWEL AD a 1 1 ; A,tA,'E AL E51Aik. 10 0 i R ~ ~1 "F i d 1'y wv,>~S`K d ~f.^fy, ti ~~"Y'~``•.4~v^a4j%.t>b~7 t i V ~ , i • - w THIS ITEM SCHEDULED ON ATTACIIMPNT 4 "NO ao CITY O! DENTON *Mal 5 APPLICATIONOPOR VARIANCE We ~~5.. r O R D.R.C. SUBDIVISION AND LAND DEVELOPMENT REGULATIONS 7 dq `1 Name of proposed plat from what article of the Subdivision and Land Development Regulations are you requesting a variance? &La iP. ireP.0 Petitioner ~7,,,-,A Telephone ~S S Address Z O - City/State/sip Land Owner Address _ City/State/Sips } Date 5- Fee Paid ]S;°o 1 Petitioner must provide the rationale for the variance using the j following five criteria. I (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based • are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter 0 of these regulations is carried out; • • 1 '10 . •.a. ';'v.y.i q.AX„'^i!I;,t ry4 y~=:9 Vega No Q' variance Application Continued Page Y ~Jr♦te ~-15- ~ll (4) The variance will not in at,y manner vary the provisions of the Zoning ordinance, Denton Development Plan, Master Plan, or Studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission. or, If the variance is from an exaction (eg. road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council NoT81 Request must include the following: 1. Completed application (one per variance). II. $175.00 fee. III. Copy of proposed plat and location map. sig ature f Applicant y Data J 0n &Aolf of both • j 0, t 0 0,0,1, 6. r . A,erJdtNo., a i ~ °fy n 0 •1 . 7 l I 6M > 606. i 60. nv v . +P l A 4 VVV ~ w I' J p o r .LdY M•'e r •O 6J Y..•P41~ I r e tea', 'P eael f~15 ° n x r ` 3 a' py 1. 7 Y k , • w • ATTAt"riMENT 5 ' 2S P&Z Minutes DR August 9, 1995 APWQ~ WIL k 5 Page 6 New Dote :1 1.9.x' ao ~ u IV. Consider variances to the Subdivision and Land Development Regulations regarding the proposed Stateson-Miller Addition located on Tim Maxwell Road at Old Thomas Road: a. Variance for public streets. Mr. Salmon: This is a variance of road access standards. This is a preliminary plat that you conditionally approved at your last meeting. They have applied for a variance of Section 34.125 B concerning street access which requires that all lots have access on a public road or street unless it is in a PD zoning district. As there Is no zoning In the county, that basically says that there really is no mechanism to provide for a private road in the city's ET), at least inside of our Subdivision Regulations. It also states in Section 34-114 of the city's Subdivision Ordinance that if a developer does propose a private road that a copy of the deed restrictions or covenants be provided to the city to review to insure that there will be something set aside for maintenance of that road, At this point in time the applicant is proposing a private road but has not submitted covenants or deed restrictions, The applicant does meet all of the other applicable pth-tte road conditions which relate to through traffic, drainage, and access. Basically the ordinance states that you can have a private road in a PD if it doesn't serve any adjacent properties, and it is not a through street, and it provides for drainage. This variance is a little bit different from the other variances that we looked at last time, Those variances were based o, i unusual physical features of the property. These variances are what we call reasonable nexus variances, They are based on the type of use and the expense involved in meeting the ordinance. The criteria for granting such a variance is listed in your backup and basically states that if the Commission finds that the requirement exceeds any reasonable benefit to the property owner or is so . wessive as to constitute confiscation of the tract it may recommend to the City Council that a variance be granted. We don't have the five criteria this' ie. In this case staff i~ recrvnmending that the variance be granted with the condition that we get some sort of deed restrictions or covenants that will be followed and that indicate how this road will be maintained. The reason that we are recommending this is because the county, if it is a public road, will regtt;i-e that this road be paved. We • believe that paving this road even to county standards would cost In excess of what we normally recommend for the cost of a road per lot in a subdivision. In order for them to be able to have a gravel road it would have to be a private road. Ms. Russell: Would the petitioner care to speak? Mr. Phillip Miller; My name is Phillip Miller and I live at 39 Oak Forrest Circle here in Denton. I am mainly here to answer any questions that you might have. This was my first • • realization that we needed to have a maintenance agreement filed and we can work something up. O , r o x. "'S~'•1° , tai y~. , tr , ell- • a • P&7. Minutes August 9, 1995 a0tM>ftaNtl Page 7 Apdal Datl:2s Ms. Russell: You don't see this as a problem, the covenant and deed restrictions? ~I Mr. Miller: We will need to have a road maintenance agreement and that will be no problem to provide. Mr. Jones: I move that we approve this variance as recommended by staff. Mr. Moreno: I'll second, I Ms, Russell: Any further discussion? All in favor please raise your right hand. Opposed same sign. Approved. (4-0) b. Variance for road standards. Mr. Salmon: This variance concerns the paving standards for the subject road. The normal requirement, whether this road is public or private as far as the city's ordinance Is concerned, would be for a six inch lime stabilized subgrade covered with five Inches of hot-mix asphalt to a width of twenty-four feet wide. The applicant is proposing a fifteen foot wide gravel road. Again this is a variance based on reasonable reed for the development. Staff is recommending a partial variance. The standard road that the city would normally require would cost in excess of eighty thousand dollars which staff feels is excessive for four lots of this size, The standard that we have used In the past on similar types of variances is a cost of forty-five hundred dollars per lot to be applied to the road. That forty-five hundred dollars is the cost that would be involved to build a regular city road in front of a normal SF-10 subdivision lot. Staff feels that no matter where the road is it will generate the same amount of traffic, so we recommend an amount similar to what anyone else would spend per lot for street improvements, If you use that figure of forty-five hundred dollars per lot that brings you to about eighteen thousand dollars total 1 for the road seeing that there are four lots involved. According to some recent bid prices i that we have for flex base, a six inch layer of flex base twenty feet wide would cost the developer around nineteen thousand, two hundred dollars. Staff is recommending the twenty foot width as opposed to the fifteen foot width because the City of Denton does provide EMS service to this area and a fifteen foot road does not provide enough width to have two way traffic. Ms. Russell: Has this been discussed with the applicant or his representative? • Mr. Salmon: Yes I discussed it with tx,'h Mr. Stateson and Mr. Miller. , • Mr, Miller: We felt that the fifteen foot would he adequate because there will not be much if nny two way traffic, There is enough overhang should there he a need for two way f i • c.. . r C DENTON o~oaoaooo ODooo° , 00 ~o G ~ 0 'd D d p M c:l ~ Q d ~O ~p0 ~ ~ DODO aoooaaooo CITY COUNCIL r 1 v•; I~ August 15, 1995 /in r PORT TO; Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: Variance to Sec. 34.114 (3) of the Subdivision & Land Development Regulations regarding Stateson/Milier Addition Pavt..n RECOMMENDATION: The Planning & Zoning Commission recommends that a partial variance be granted. rKi recomnenda.ion is for a 20'-wide roadway and a 40'-radius cul-de-sac by a vote of 4-0 at the August 9, 1995 mectinp. SUMMARY; The recommended paving specifiwotions, when constructed, would cost approximately $18,000. They would accommodate LNIS s,rvice, whereas the requestea 15'-widegravel road wouic' not. BACKGROUND: See attachment, PROGRAMS. DEPARI'M .NTC OR GROUPS AFFECTED; Fire Department (EMS delivery), property owners. • FISCAL IMI ACT; j c a None. Respectfull submitted, • • or 1 APL. Lloyd V. Harrell, City Manager ;e ~ Ja y 1 . it .l/ ~ N~~r ryl 11 4 ' 4 ter 1__ p f .r.~'r~ I: ...r:,, q!'r..~.iirill Y. 'r*R rU 4~i=. .~f;l/YI V.•• 11iP to Prepared by, 0. Owen Yost, ASLA Urban Planner Approved by, i Prank H. Rob ' ns, AICP Director of Planning & Development Attachment: L Report. 2r Location Map. 3r Variance Application. 4, P&Z Minutes. • AX).'OOBDC ,1 i • a :',rdW('{ ~`;4 `ft ~'J{Flt~llr }A4~ A • • AgettdaNo S Agendalt . ATTACHMENT 1 Da1Q--t.,i5- if .C9 WrY of DENTON, TEXAS MUNICIPAL SU1LDING 216 E McKINNEY • DENTON, TEXAS 78201 (817) 666.8200 • DFW METRO 434.2628 MEMORANDUM DATE: August 9, 1995 TO: Mayor and Members of the City Council FROM: 0. Owen Yost, Urban Planner SUBJECT: Stateson/Miller Addition Paving Variance Zach Stateson, part owner of the StatesonlMiller Subdivision located north of Warshun Road and west of Oreen Valley Road In Zone 1 of Denton's ETJ has applied for a variance of Section 34- 114 (3) concerning street design standards. The cited section requires a 24 foot wide road with five inches of asphalt on a six Inch limed subgrade. The applicant proposes a 15 foot wide gravel road. This variance applies to the interior road only as this property falls outside of the 8,000 foot from a City of Denton water line boundary. Perimeter paving is not required along Tom Maxwell Road, This variance is not based on the shape, topography or location of the property but Is based on reasonable relationship between the requirement and the type of development Therefore, the council must consider the following: Criteria for variances from development maai'wa. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benq li to the property owner or is so excessive as to • constitute coni7scation of the tract to be platted, It may recommend approval of variances to waive such exactions, so as ►o prevent such excess, to the City, Council. Waiver of developmental exactions shall be approved by City Council The Commission recommends a partial variance of the paving requirement. The standard estate section road in this case would cost approximately $80,000 to construct which would be $20,000 • per lot, Based on $4,500 per to that It costs to construct the street In front of a typicai SF-10 j lot, the commission recommends that a mad be constructed that would cost approximately • • $18,000. According to recent bid prices, a 20 foot wide road with a standard 40 foot radius cul- de-sac constructed of a six inch layer of gravel would cost the developer approximately $19,200. The commission feels that this extra width Is important in this case because the City of Denton "Dedicated to Quality Service" sus ~ ~ r"y } ° " 1# i. . _ . .r. s. , . 1 tU Y'Atgp w Ra a ..SHHI A~pdeNo A~al does provide EMS service to this area. A 15 toot wide road would not be able to aceotttmodate two-way traffic, Q. Oft ost, ASLA t30Y,lah I I~ AXXOU c i • r 1~ ,rr ti r~tF 41 • • -i, i^,l iy,.,-~.~ t3flr~ 11-M 10 • • agenda N~m• ~ Apendal -Q ,.TTACHMENT 2 Date-l )4f- 1. 5 0!~ f O NORTH _ uvjE IIERT6 MCREYNOLD8 R ' - - _-J SITE - _P 31 3 II_._ 1 Locative map • • • a, • ~ of3 Vey, ~ THOS ITEM ATTACHMENT 3 SCHEDULED ON VerdaNo a o2 CITY OF DBMS 4gDiidE4 APPLICATION FOR VARIANCS 8 . J5, or FOR D.R.C. BUBDIVIBION AND LAND DBVELOPMBNT REQULRTIONB g ~d Naas of proposed plat .6110~5o 'a r/A.Af From what article of the Bubdivision and Land Development Regulations are you requesting a variance? Pstitionsr z L/1. lid ~PSD~ Telephone Address 1LoAnT city/state/lip ! Land Owner (;LL i'PAOn /Pep r Address ' city/state/lip DateI Pee Paid I ~Sf o0 Petitioner mush r,*.ovide the rationale for the variance using the following five criteria. (1) The gran.ing of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- pertyi • (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other propertyt (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as • distinguished from a more inconvenience, if the strict letter • t of these regulations is carried out) _..h f~Af 4r,~1{kf ~ ! Yid; irn 4t' es,. .tv; 3 pyF,„ i°i le C pgM* NO 9 Variance Application Continued Agendal Page 2 f~d(6_ _ -~Jr' o~/d (4) The variance will not in any manner vary the provisions of the zoning Ordinance, Denton Development Plan, Master Plan, or studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission. or, It the variance is from an exaction (eg. road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. waiver of developmental exactions shall be considered after a recoimendation from the Planning and zoning Commission by the city council. NOT13 Request must include the following: 1. completed application (one per variance), II, $175.00 tee. I'll. Copy of proposed plat and location map. rz) tf/l 4 9-, 77~d/_ir ~Si nat n Applicant Date 1 L ,f • ~ICaf;e 0/1 6~~/v ~Oc~r ~r' eS. 1 :4 1 11 li • a P&7. Minutes August 9, 1995 AT'PACIIStEb T 4 DRA ~gundaNo S Page 7 lgondalteMA Nis. Russell: You don't see this as a problem, the covenant and deed restrictions? go f Mr. Miller: We will need to have a road maintenance agreement and that will be no problem to provide. Mr. Jones: I move that we approve this variance as recommended by staff. Mr. Moreno: I'll second. Ms. Russell: Any further discussion? All in favor please raise your right hand. Opposed same sign, Approved. (4-0) b. Variance for road standards, Mr. Salmon: This variance concerns the paving standards for the subject road. The normal requirement, whether this road is public or private as for as the city's ordinance is concerned, would be for a six inch lime stabilized subgrade covered with five Inches of hot-mix asphalt to a width of twenty-four feet wide. The applicant is proposing a fifteen fool wide gravel road. Again rtzis is a variance based on reasonable need for the development. Staff is recommending a partial variance. The standard road that the city would normally require would colt in excess of eighty thousand dollars which staff feels is excessive for four lots of this size. The standard that we have used in the past on similar types of variances is a cost of forty-five hundred dollars per lot to be applied to the road. That forty-five hundred dollars is the cost that would be involved to build a regular city road In front of a normal SF-10 subdivision lot. Staff feels that no matter where the road is it will generate the same amount of traffic, so we recommend an amount similar to what anyone else would spend per lot for street improvements. If you use that figure of forty-five hundred dollars per lot that brings you to about eighteen thousand dollars total for the road eeing that there are four lots Involved. According to some recent bid prices that we have for flex base, a six inch layer of flex base twenty feet wide would cost the developer a,ound nineteen thousand, two hundred dollars. Staff is recommending the • twenty foot width as opposed to the fifteen foot width because the City of Denton does provide EMS service to this area and a fifteen foot road does not provide enough width to have two way traffic. Ms. Russell: Has this been discussed with the applicant or his representative? Mr. Salmon: Yes I discussed it with both Mr. Stateson and Mn Miller. 0 Mr. Miller: We felt that the fifteen foot would be adequate because there will not be much y if any two way traffic. There is enough overhang should there be a need for two way • ca • P&'L Minutes A I L August 9, 1995 Page 8 gendaNo 0 14tmdal traffic, Ms. Russell: You do realize that if a car were to meet someone on the fifteen feet, there is no place to go? Fifteen feet is a one car down the road. Mr. Miller: The road we have sixty feet there and I think that It was thirty feet that was graded so there is still a base there to pull off If you need to, Mr, Powell: I would worry about the fact that there might be a car parked and that an emergency vehicle might not be able to get through. The only thing that I would worry about Is whether or not an emergency vehicle can get past a parked vehicle. Ms. Russell I have a real concem about fifteen foot. My car Is thirteen feet so there is only room for one car and I understand that you have room on either side but If it is muddy and the gravel isn't there then you can get stuck. Even with twenty feet you will be edging along and gingerly gutting by. Mr. Drake: One thing that I would like to point out is that with these private roads in the past our office has reviewed the deed restrictions and has insisted upon having a number of indemnifications in those deed restrictions to indemnify the city from liability for various things that can go wrong, I think that what we have done In some of the gated subdivisions is to have an Indemnification for delay of EMS services. That way If somebody claims that the city Is somehow liable for the failure of the ambulance to get to a call in a reasonable amount of time that the property owners assume the liability on the city's behalf and will protect, defend, and indemnify the city, I don't mean to sound cold hearted, obviously that is a very big concern just from a human standpoint as well. As far as addressing some of the legal Issues we can put an Indemnification clause In there as well. Ms. Russell: What about the EMS people that are out there and they are at risk. This is • a very nice area with some very nice homes and the EMS is at risk also, There is not a road there at this time and we have an opportunity to do it right from the start. I know that you would probably rather have less expense but I think the recommendations of staff are very good. Mr. Salmon; As a registered civil engineer I certainly need to be concerned with the legal • aspects of this, but my first concern is for the safety of the people In the subdivision and the people that have to travel in and out of it. » Mr, Powell; I understand that the city is looking at the EMS vehicles but I can't help but think about the fire trucks. I understand that it will not be a city fire truck but a n•~ 'I fire 4 i~,s ~ r r 1{ . • as • P&Z Minutes August 9, 1995attdflNo._ Page 9 gendaltem lJele / r--_~-- r~ truck. If you have a pickup truck parked on that street that may be left there overnight because it has a flat tire, or it ran out of gas, or somebody stole a car and left It there and then a fire truck is trying to get by. You are between a rock and a hard place. That bothers me, Mr. Moreno: If you received an indemnification would it be binding upon future landowners? Mr. Drake: You have to make It a negative reciprocal easement running with the land and filed in the deed records so that all people would have notice. Ms. Russell: I think we have an opportunity here to solve this problem before we have a problem. Mr. Powell: I move that we accept staff's reeommendatlon. Mr. Moreno: I will second. Ms. Russell; Any further discussion? All in favor please raise your right hand. Opposed same sign, Approved. (4-0) e. Variance for sidewalks. Mr. Salmon; The third variance is concerning the sidewalk requirements. Section 34.114 of the Subdivision Ordinance requires that sidewalks be installed along all public streets. We still need to consider this variance even though you have recommended to City Council that a variance be granted to make it a private street. We have no assurance at this point that it will happen so we need to consider this variance. This particular section would not apply to the street frontage that is part of the public access because that property is not within the eight thousand feet of a City of Denton water line boundary, So the existing • perimeter road will be exempt from sidewalks. HowevAr, the interior street Is not exempt. This variance is based on the reasonable need of the development, Staff is recommending a variance of the sidewalk requirement in this case. The standard sidewalk would cost twenty-four thousand dollars to construct because of the length of this road. Considering that there are only four lots that would put h at around six thousand dollars per lot Normally for a lot inside the city the average home spends about one thousand dollars for • a sidewalk. We are not recommending that they put in a thousand dollars towards f sidewalks simply because a thousand dollars per lot for four lots is not going to construct • anything that even resembles a sidewalk. Also the road Is going to be a dead end and only serve four lots, we just don't see the value of adding that to the road construction, • 0 e e r DENTON oz0oooopooo . d a d o 1 OO ~ Od 000 r ~ pp~ °0~ o N ~ OQpO °aaooooaooo e CITY COUNCIL r { o x q ?,1..A4 it. ~•'i:°°j,47t'<'~'; Ake- August 15, 1995- REPORT_ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Variance to Sec. 34.114 (17) of the Subdivision & Land Development Regulations regarding Stateson/Miller Sidewalks RECOMMENDATION: The Planning & Zoning Commission approved as recommended by a vote of 4-0 at the August 9, 1995 meeting. SUMMARY: The variance considers the extremely large frontage of the lots, and the area's rural character. BACKOWUND: See attachment, PROGRAMS, DEPARTMENTS OR OROUPS AFFECTED: Property owners. r ~ 'AL IMp,~CT: ' None, Respectfully ;bmitted, L€o d V. Harrell, City Manager S fl I BSI r r 'S ,l yY <,~L tcr'~'~Y~rrl'` ,RX7t11.s ~~trv ~tNtga~r~ A 9 ~atlndal G ~!r Prepared by, g en Yost, AS Urban Planner R Approved by, Frank H. Rob Ins, P Director of Planning & Development Attachments; 1. Report, 2. Location Map, 3. Variance Application, 4, P&Z Minutes. nxxmsns r r r t ; t 1 i 9'S 1(r iV ( Liu • gem1a No. - tg9rrdaltem _ _ ATTACHMENT 2 IAtE CITY of DltMTOM, ITXAS MUNIC184i BUILDING* 215 E McXINNEY o DENTON, TEXAS 76201 (6 17) 566.6200 a UFIN METRO 434.2628 MEMORANDUM DATE: August 9, 1995 TO: Mayor and Members of the City Council FROM: Owen Yost, Urban Planner SUBJECT; StatesonlMiller Addition Sidewalk Variance Zach Stateson, part owner of the State onlMiller Subdivision located north of Warshun Road and west of Green Valley !toad in Zone 1 of Denton's ETJ has applied for a variance of Section 34- 114 (17) concerning sidewalks, The cited section requires a 4 foot wide concrete sidewalk along all road frontages. The applicant proposes no pedestrian access system, Again, because this property falls outside of the 8,000 foot from a City of Denton water line boundary, the sidewalk requirement would not apply to Tom Maxwell Road (the perimeter road). This variance is not based on the shape, topography or location of the property but is based on reasonable relationship between the requirement and the type of development. Therefore, the council must consider the following: Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benelt to the property owner or is so excessive as to constitute cots lscation of the tract to be platted, It may recommend approval of variances to waive such • exactions, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by City Council, The Commission recommends a variance of the sidewalk requirement. The standard sidewalk In this case would cost approximately $24,000 to construct which would be $6,000 per lot, compared to the $1,000 per lot that it costs to construct the sidewalk in front of a typical SF-t0 lot. "Dedicated to Quallty Service" y ~ C••~Y{ 1'~:, t~~Y41~1 s wy Yd Y NI t ..i.• , .pxsca•ru,n;rv,ler.•rn.^rrrrFS4^kix•{Z•T44~1~;:T s~endeNo. Jr'~' Mayor and Members of the City Council y `~9 August 9, 1995 Page 4 Because of the extremely large frontage on these lots, applying $1,000 per lot would not provide anything resembling a sidewalk. Also applying this $1,000 per lot toward street improvements as has been done In the past would not be of great benefit as this street is not a through street and only serves four properties. l~J v G. Owsh Yost, ASLA GOY:Iah . A%%(ON r 1 r~ywv, • i t t I ~t~ n t if~+ Hy, 'XiµWrs, .J sil • r+ • 7 YES r^. t N q NORTH J7_- ME %MYMOLC3 RO HWY 4W I J~ li' 1 - PM 3i SITE - Rd J • s f i I + I - I nt tNTON L 04tfoa map • to • THIS ITEM agandaNo. a4 SCHEDULED ON ATTACHMENT 3 AgondaII CITY OF DBUTON OgIB ~~5~ 9s AUO 0 3 1995 APPLICATIONOFOR VARIANCI FOR D.R.C. SUBDIVISION AND LAND DMWPIILNT JXQU11TIONs Naas of proposed plat U PY?h✓yl/P~ From what article of the subdivision and Land Development Regulations are you requesting a variance? ~~P ti,ul . . Petitioner 4 Telephone Andre M L L "r City, state/sip lpn Land Owner Address city/state/sip Date Fee Paid 17S 00 Petitioner must provide the rationale for the variance using the following five criteria. 3 (1) The granting of the variance will not be detrimental to the 3 public safety, health, or welfare or injurious to other pro- perty; • (2) The conditions upon which the request. for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as • distinguished from a more inconvenience, if the strict letter • of these regulations is carried outs • r_ w • Igo* NO. Variance Application Continued 4nadal J Page 2 W8-- - G-.r- (4) The variance will not in any manner vary the provisions of the Zoning ordinance, Denton Development Plan, Master Plan, or studies. (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the ownerfs or any prior owner's action or omission, or, if the variance is from an exaction (eg, road construction, right- of-way dedication, drainage improvement - a public improvement and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. NOTSt Request must include the followings 2. Completed application (one per variance), IT. $175,00 fee. 111, Copy of proposed plat and location map. sig tune of Applicant pate • Ple~~Se ~c~a '~~P~CrU~,oh ~Ubm~~ by ,Zcr~h ~0~~~5~^n on blhuff'of bQA park;es. I ' ......-.ryN YiYq.Y.~i.:.. -LY . t ~Y '~k • ! 4i' + . WI 111k'C•~~~~ y' 1 M 1 4 tb i'~r , 1 11 i~d ?1 Ifs ;M 4.i4. 44 • • r VA P N illlllP, AVI Al 1041• ii'i' 4 AA ~up11>,'f I~hI1 Vlnxt14~1hr, ...4 . t i _,91g~ 97:: \tl, .illlal PAP(, 111!0 r, i1114 II 1011 Ilme n 111161111 imi6 Imillol x111 dlai 111th,1 111tH lllal' 111' 11,11 1111'11' 1111`Clllf!Ill 14`x1111h8 II 114h a 1161 114x, al 11 ,All 11111 111 flak, 111 >'1+MOlI+,11 111110 11 p111 41111 1411 It 1111'1, Mild Illrll a 11111 1111x6 11 11411!1 b1 pill Ill 11141 111, iN M111r11 4 Iih 6 111111 it IWO INI it 11161 limik`I1 Iml MI hlool ilo 11 1x111 10olhPd 1111 II1xII11"Ifflit1116111 {41VIIlol if hil Wildl{411 lillllll hill1111 Nil 111411 )1111 1110 11 10 111411 11 1 Ibgl MI. Ilh l11111rt1I lhlhr1111'Itl 111HI11110,, lbIlli Illy 111Hd dlhl Wild III IhP dl'I'd 114111x11 W IhIll 1111 Iwolilp o'111III IIIIII` Iwill'1x KIN IIIIhill, 1 1111116 Rif IViH11 NN Iglilt III III Ill l 11011. lit Wh1. 11114 IlllIlllllill 111'111104 III, 111I1 I' II IIt1111UA1 All 1111v11i1 I fill lvik Ih1Il 119' tli x1'111 41111Th I1'rnIl11moldlillIll A'II A1111111111 I trill hill oplill Mh limholl MY Ill, lint 111111 IIhallilll All III hi4nl pll,dm' wks- I,ioli fly{fl Ihuul 111111Hg11tl hlllgr hlyl! Appnrvrd hl III r, V1111tuu 1, lilt h11r141114h Mt 'falrlurt! 111+, 011111 41111118x11 1411116 rlmnp 11tl• 41111,w06, lieff11IIfdIN1f1h1 .4wt•Illm Id 1 H 111 fill''Iuholilowim IIfl1111dilra Ivillilli'1 Ilbfl 41111'WnIMb hl, hlodipll Nllllfll, fill 11111111 lillolf4 I Wt. Mill flail lip I11811df'f Illi4 911!1111111 i141'f111111111!11 ynlf 1111vk fill HIINI!NfUlpll Ili I Ill, I lififfl0l ?hill 11 VI1111411rp ha Qf1111a1 Ili 111 411 11 ll llfivlllri 4I lI~VI Wl, IIIIVI' fill iwulllNllrl, Ili dill Ipllifl 111111 II v/III IBffil"'lf 4po wll 1144,01 Ito I follioltll'l 11114 Vlillow a 11110 141'1 lff•Ifl(II w-Ollfl %i llf ?fill apply fN Ihr 4118,01 hhfllillic 1110 14 111111 111 110' Irfl111N' 10+1104 IlrFlifiar x1111 p1611rf1y 14 Ilill w11118 flic i<II!hf Ih1nl4'llr1 lo'r,l 401 a l If-/ of 111'81171 wnlf'r 110. 10111flllHly 111 fill, (•01411110, pcnffif ulf f6ild will f4i P,YOIIpl II8M 411tOihd44 itlr/rl'vaf, Nla Ittll'f 114 11fr111 14 fad hehfllilf l lllh v.lllwu n 14 I,nea11 poll OR, ff,oloBahla fil'nff 64 Illn tlavrhil111Mlr1 !ilaff 14 fhHrllffliNhtllff0, ,I vufG1111I, Ill 114 3ldawpfY fr'rlrl1offinlif ill 11114 40111 IIN, Mlalllirlfll 41f1hVIN14 wifffllf 1041 I'm ill/ Irnlf f1hU411ipf rfsollM (r, 10110fuaf 1ir1111flo. 8f lilt, 11,11081 fill 11114 vol f'8tfolmlflff 01,11 Ito it w, idlf't 61141 Pilo IIWf ~IN,104 11111 11 141 afil8hd Ole 111081afllf 81111010 Ifi,f Pool !Inrrn,llfy 10'r .1 1(,1 111411111 OR' e ill/ lip, nvnfngn 11611a .pnlyl4 alrfaff 11114 ?Ip«l4alpf rflf(Iaf4 lilt :1 zu11.V/all' 1kn. aft, bhf Ofelfhlflr,fdiliK (1111 fllhy pftl Ill r 011,7140rd (1611011 fifwafrl4 • :111xuJ,dkq uirhpfy i0oY 40144' I flpolitowl efe'llool fit P'l fifl x148 fht4 14 1161 rhilrp fro e 11,100lld • JhylhfFIQ fhAl I"Oh 11141"1811011 A 4OP04P.. ,41111 110' Null) Ill l. off 114 0 dhml Nhrf a11!l wily kr,l Irr fnul k'N. we Irf%f ilnir' f s/.i' 110, vnlnh 111 arlrlllr{( rhaf fh I lip, Nato f~frlln}1110 ?11x11 4 ~ • t ~ ,fl~ 1,2Nr"ri~r 7#;:,'.v gy~l,'r~j r . of c~ r i is . r {Y V )t..f.! 1 RI.:f91w.:i~t1`°Nf~•i4M1b}.V1'r~~t~S~P✓l}~~~~.~il~~~//~1jt~llnl P&Z Minutes August 9, 1995 Page 10 AQllatfrl Do r Ms. Russell Any questions? 9oB Mr. Jones: 1 move that we grant variance for the sidewalks, Mr, Powell I'll second. Ms. Russell: Any discussion, All In favor please raise your right hand, Opposed same sign, Approved (4-0) i d i .rawAzi ~ al 1 . w • r DENTON oooooaooQOQOOO . C.4 I%v D ~ 1 Q r~l co 0000 0 N . 0000 aaoaooaoo i ® CITY COUNCIL r • • ~ea14 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 City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore) and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items) j BID NUMBER VENDOR AKOUNT 1778 PRIESTER $ 210783.00 1778 PREFERRED SALES = 481533.00 1778 TECHLINE 20466.00 • 1778 WESCO # 7,740.00 1782 RJR PRINTING 1 350475.00 1782 DC GRAPHICS 1 10575.00 1782 DENTON RECORD CHRONICLE $ 100050.00 • SECTION 11. That by the acceptance and approval of the above , numbered items of the submitted bids, the City accepts the offer of • the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Hid Proposals, and related documents. ij~ 1 V~+~ M(eW ti yLL111( t ti • . • ~~i~..... . • \ 4'~fi eto yy ~~,r,iY r n r r s j ~J r rr t~ i"S} # f ~ A F{.L}4~ 6 15 6`4`'4 sP, ry~~ • Ap*t.j~- ~O [O.._.~" 2 c+~ 1 SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto= provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the All Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered terns of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this _ day of , 1996. Bo CA$ L BERRY, MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY • i BYt APPROVED AS TO LEGAL FORM$ f • DEBRA A. DRAYOVITCN, CITY ATTORNEY a BYt M1M~ t}trvr'~i liy~3'a 1 M s! L~. ~i~~~~~,~ 2wY~ , • • ~gelxtatNo 4gendelt tote __..~_5 ' qS DATE: AUGUST 15, 19953 CITY COUNCIL REPORT TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 4` 1778 - DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidder for each item. Transformer Bid Item malty Description Vendor Price 1 1 2000KVA RF Priester $15,963.00 each 2 4 167KVA 1201240V Preferred Sales 21008.00 each 3 4 167KVA 240/480V Preferred Sales 1,970.00 each 4 10 50KVA LF Preferred Salos 1,068.00 each 5 3 25KVA 240/480V Techline 822.00 each 6 12 25KVA 1201240V Preferred Sales 843.00 each 7 3 100KVA LF Preferred Sales 1,485.00 each 8 10 25KVA O.H. Priester 582.00 each 9 20 15KVA O.H. Wesco 387.00 each 10 10 50KVA 0.11. Preferred Sales 745,00 each Foy a total expenditure of $80,522,00. SUMMARY: This bid is for the purchase of pad mounted and conventional overhead transformers, which will be used In new construction and for replacement stook throughout the electric distribution system, Six bid pruposals were received in response to twenty bid packages mailed to vendors, BAr:GROUND: Tabulation Sheet, Memorandum/ Evaluation F. Okolle dated July 26, 1995. • PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution, Electric UtiiJt ea, Electric Customers c the City o Denton. FISCAL IMPACT: Budgeted funds for Electric Distribution Line Transformers, Account Number 610-103-1031-3680-9222 with a balance of $839520,73. i • Respe lly su tied: b y arre 1 City Manager • f 1 i L Y l .F r2 rg d3•; i y rte r. Prepared by: r ame Denise E1 ool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 62LA041DA 0 AAWA s i 40" No - Z Afl~l . Date-2-15t95-- CITY OF DENTON MUNICIPAL U77LI77ES • 901-A TEXAS STREET • DEMON, TEXAS 76201 NDCRN4= TD: Denise Hari`+ool, Senior Buyer FFCM3 Festus Okolie, Engineering Associate DATE: July 26, 1995 .4BJWN PLWCHM OF (A) 200MMo 167KVA, IDMM, 5M% AND 25M PADOW TRANSFORMERS. (B) 50MVA, 25M AND l!%M CMWMnTCML f1Vli8BAD TPAt - BID # 1778. a=sue The Electric Utility Staff recommends the purchase of 2000KVA, 167KVA, 100KVA, 50KVA and 25KVA padmounted transformers) 50KVA, 25M and 1MA oonventicnal overhead transformers - bid 1 1778, from Preferred Sales, Priester, Techline and Wesco as tabulated balow, for the total cost of 580,522.00, BIDDER TRANSFUMER TOM PRICE SIZE, VOLTAGE, PHASE: TYPE QI'Y (S) PRIES1ER 2000KVA, 277/48OV, 34 PMr 1 151963.00 PRIESTM 25KVA, 120/240V, 1# am 10 51820.00 PREFERRED 167KVA, 120/240V, 1# 1M!' 4 81032.00 PREFERRED 167KVA, 240 wV, 1# PMT 4 70880.00 PREFERRED 100KVA, 24U/480V, 1+ PMT 3 4,395.00 PREFERRED 50KVA, 120/24OV, 1+ PMT 10 10,660.00 PREFERRED 25KVA, 120/240V1 1: PMT 12 100116.00 PREFEMW 50KVA, 120/24CV, 1 COW 10 70450.00 TMILINE 25KVA, 240/48OV, 1` PMT 3 21466.00 WESCO 15KVA, 120/240VO 1# CONV 20 7,740.00 SLM TOM ■$800522.00~ - • The evaluation was based on the calculated cost (Initial and Operating). Transfonyrrs with lower bid unit cost but higher power looses resulted in higher calculated costs. See the attached transformer evaluation sheet. • a:: Jim Harder, Director of Electric Utilities Joe Cherri, Electric Engineering Administrator Ralph Klinke, Superintendent of Electric Distribution a:\xfmrbid\bi<I1778 'Dedcaled to Quality Service" • w • { g6nluNO. s-CZ 1ge1►dal S UATION SHEET NSFORMER EVAL Y 26, 1095 BIO a 1776 PARED BY: FESTUSOKOUE EXHIBIT 1 8/C08T EVALUAT1ON OF A 2000KVA PADMOUNT, 277148" THREE PHASE TRANSFORMER IAL FEED MA ~ELI~EAY UNI DE , IIL TL Frr $IDp $ ji- - - - NO SID PISS TECHLINE HOWARD 2176 --14094- 16-16 13760. 104066 WESCO ASS 2005 1166E 6_48 11 - 12 1 706, $107.00 0 -CI PREF. SALES _ PAUWELB 2023 11385._5.22 _10_12_ 641D.00 _4106,ael 2175 10611 - 192 1.00 110 LOSSICOST EVALUATION OF A 167KVA PADMOUNT, 120 240V SINGLE PHASE TRANSFORMER LOOP FEED _ MADE N1 of Um BIDO H gy E8 OS$E8 - - NO BIO POLEUNE.___ 6 RED, ~W! - TECHUNE.-._HOWARD 314 1077 14-16 2206.00 113,240 PRft§Tff COOPER 266 126E _ 16 - 92.106.00 _ $131703 WESCO ASS 329 818 1.32 11-13-13 $3010.00 $16020 - - _ - - - - 43 040,00 $171434 ---326 - 138E 1 4 TEMPLE.------ LOSSICOST EVALUATION OF A 1STKVA PADMOUNT, 2401480V SINGLE PHASE TRANSFORMER LOOP FEED MADE NL Y74 pEIJVEHV 00T POLELINE NO BID PREF. eALB- C. MOL it 0". AIM "ARim TECHLINE-_- HOWARD 301 1071 14-16 2147A0 r 973 PRIESTER COOPER_~ 224 _ 1616 t6__~ $2.080,00 $14,242 WESCO A66 266 1139 2.28 11-13 $2710.00 $16006 TEMPLE 325, 1321 14 081,00 _ $17200 LOSS/COST EVALUATION OF A 60KVA PADMOUNT, 120/240V SINGLE PHASE TRANSFORMER LOOP? FEED AYE BIDDER POLEUNE - PRF~BAI>r$ C. M01 4 • PRIE3TER--- COOPER-_-- 91 460 "Wit TECHL NE_~ HOWARD 476 11-18 $1.008, y011 N/ESCOABB 112 -316 1.35_ _11-12 1487,00 42 620, 14 1193¢QO 182 LOSS/COST EVALUATION OF A 2WVA PADMOUNT, 2401400Y SINGLE PHASE TRANSFORMER LOOP FEED MADE e moo By T1111111111 Me, r • • pOLELINE NO91D 7ECHLIN Hf>fAgD 7Y 7$7. 4w _ PREP SALES C MOLONEY ,--__d7 256 1.70 14-1E _ 79.00 17 PRIESTEFi _ COOPER 6E 306 _ - 17 _ ` 99fpA0 WE8C0__ i,dk3- E3 _ _104. 1.26 11-13 _ _-11,~' 43,00 65722 TEMPLE e7 eP + } it )s'~r'C • ca • WA No r -0 aS --Q Ap WaltertL . - - - - - '9S TRANSFORMER EVALUAT101J SHEET JULY 26, 1995 BID / 1776 1 PREPAHEDBY: FESTUSOKOUE EXHIBIT D 1 LOSSICOST EVALUATION OF A 25KVA PADMOUNT, 1201240V SINGLE PHASE TRANSFORMER LOOP FEUD _ MADE NL TL UNIT -UNIT BIDDER _ C1Y, L088E L088E8 fiME lIMK . COS E POLEUNE-- - - NO D PfiE, BALE EY _ _ 2 14~1b ~4S 1' TECHLINI HOWARD_ 77 257 _14-16 20.00 14 103 PRIEBTEH COOPER 65 217 17 _916.00 266 WESCO _ ASB--_ _-70 - 29 1.32 11-13 _57136.00 061 4 -,159,00 _~6 317 LOSBJCOST EVALUATION OF A 100KVA PADMOUNT, 240 430V SINGLE PHASE TRANSFORMER LOOP_FEED _ MADE NL T DE Y BID UNIT UNIT V. Wl, ^BiaoEg _v s?' ossElM c T - - - NO BID POLELINE ~_i t : IE~l PREF 8ALF_s C_FAOLON_ 606 1.4b 4!116 T2 PRIESTER COOPER 214 710 16 51493.00 _ $6806 TECHLINE__ - HOWARD___ - 205 _ 712 14-f8 _ 5I W 00 -,r}Oi083 WESCOABB-_ 201 6711.17_ 11-13 511963;00 i 10,266 LTEMPLt - --206 ---m 14 :2,040.00 X1-1 262 1035/COST EVAI UA710N Of A 26KVA CONVENT10NA1 120J240Y 81 aLE PHASE TRANSFORMER MADE NL_ 1L_- QELIVE BID T1NI _.!QD0 W._ . W...._.ffy~ OBSE ~I 7J~I~KS T- ~CbB pR1E8TER y _ COOPS 70 12 2 POLELINE KULMAN 88 247 10__ 7.OD 119 PREF. _3AL[0_.- C._MOLONEY 67 289 1.73 14-16 5634.00 163 - _--05_ ?94 E _ _ $499.90 $3.102 WE5C0, AB8 7ECIiLINE__ HOWARD 87 334 25-27 _ $4590 $3222 AMPLE-- 6 276 10 $652,00 266 LOSS/COSTEVALUATION OF A 15KVA CONVENTIONAL 120 210V SINGLE PHASE TRANSFOR ER - MADE L- TL ELI D UNIT BIDpfR I TIME 6Y L08SE LpSeB . _r POLEIINE_ _KULMAN 45 180 10 X2.00 --d 1 • PRIESTER OOPER 44 _ 125 12 $112300 PREF SALES C MOLONEY. - 46 177 1.66 14_16 _ $454,00 272 TECHLINE_HOWARD _ 42 - 270 26-2% TEMPLE.-,-- - 239 10 -~418~00 LOSSIC08T EVALUATION OF A 60KVA CONVENTIONAL 120 2 SINGLE PHASE BFORMER yuWE WDbER .U.O88E l~$E6 _~T { • ~ PREF 81~I.E D~MOL~ 120 BY7 1.12 14-1b; 7 POLELINEKULMAN 108 444 10 ~f76100 _ $1838 • PRISSIER, C_OOf?ER 108 _ 349 12 - $435_00 $8052 1NESC0 ABB.- 101 553 ___a_$102.00 $5,007 TECHUNE HOWARD 100 563._ 26-27._ :671.00 $5136 TEMPLE 114 501. 10 ll706R0 263 • a • r • I 1778 - - _ ID NAME DISMI UTION TRANSFORMER TEC LINE TEMPLE POLELIM WESCO PREFERRED PRnWM PEN DATE JULY L3, 1993 INC. BALM 1. 1 EACH TRANSFURAGM, 2000 KVA, $13,789.00 $19,28100 NIB $17,795.00 $18,448.00 315,963.00 ADMOUNT, RADIAL PEED 2771 2. 4 EACH TRANSFOR1®t, 1671CVA, =2,205.00 $3,049.00 NIS $3040.00 52,008.00 $2,166.00 ADMOUM', LOOP FWD 120/MV 3. 4 P.ACH TRANSFORM Ut,167 KVA, $2,147.00 $3,061.00 NIB $2,710.00 51070.00 5209,00 ADMOUNT, LOOP PEED 240/480V 4. 10 F.ACII TRANSFORMER, 50 KVA, 51,006.00 SI,33S00 NIB $1,467.00 $1,066.00 $1,039.00 ADMOUNT, LOOP FRED 12V240V S. 3 EACI1 TRANSFORMER, 25 KVA, 5822.00 $1,335.00 N/B $1,343.00 $879.00 $940.00 ADMOUNT, LOOP FMU 240/480V 6. 12 EACH TRANSEORMER, 25 KVA, $820.00 $1,159.00 NIS $1,135.00 $845.00 $915.00 ADMOUNT, IOOP FEED 12W240V 7. 3 EACH TRANSMRIM4, 100 KVA, `s1,551.00 $2049.00 N/B 31,963.00 •1,466.00 31,49300 AIMAOUNT, LOOP PEED 240/480V S. 10 EACH TRANSFORMER, 25 KVA, $459.00 $552.00 $537,00 349940 $53440 358200 CONVENTIONAL OH. 12011A0V 9. EACH TRANSFORM5, 15 KVA, $356.00 1;418.00 5442.00 $367.00 $454.00 $523.00 j CONVENTIONAL O.H. 12WI40V l0. 10 EACH TRANSFDRA09t, 50 KVA, $671.00 $79640 5751.00 3702.00 $745.00 $935.00 OONVE MONAL O.H. 120R40V 1 HOWARD IMEL ALAN POW13L8 OOOPRA DULIVERYA.R.O, 10-19 WKS 70 LAYS 8-13 WKS 10-16 WKS 190 DAYS CENTRAL ~ _ _ 3l OLONBY • 1 sp !iv, 1 5 . • • !f'Wr 1E 11 2 ti .i~.. t. i note DATE: AUGUST 16, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1782 - BROCHURES FOR PARKS AND RECREATION RECOMI(ENDATION: Council approve award of Bid # 1782 - Brochures for Parks and Recreation to the low bidders meeting specifications: Item Vendor BID IA Printing RJK Printing $200100 1B Glossy Cover RJK Printing $100050 1C City Newsletter RJK Printing $ 50325 2 Typesetting D.C. Graphics $ 1,575 3 Distribution Denton Record Chronicle $10,050 47,100 4 Ad Sales Revenue Denton Record Chronicle (23% commission) Net After Commission ( $ 9,000) Min.) Approximate Total for 3 Brochures $380100 Item 5 (Cover Art) is not being awarded at this time. SUMMARY: Bide were solicited for the production and sale of advertising within the Parks Department Brochure Publication. Low bidders meeting specifications are outlined above. The brochure will be a 32 page, glossy cover issue with a 4 page City newsletter insert. Distribution will be in a Wednesday Denton Record-Chronicle paper including a free 114 page ad on Sunday prior to insertion promoting the brochure, The last brochure expense was approximately $38,200. BACKGROUND: Tabulation Sheet, Memorandum from Janet Simpson, Superintendent of Leisure Services. I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks M Recreation Department. nd Citizens of Denton, • FISCAL IMPACT: Budgeted 196 Fiscal Year Funds (General and Recreation), Some , it a of the Recreation Funds expense is offset by revenues generated from advortieemonts In bruchuro and class fees. s j • 0 e j I P ¢ t r 1, Mal-O `kH E w a' +s ' „d ~ F r L'x~~Y a c V ` h r y t. Respect ally submitted: 1096 111 aCity Manager Prepared by: / ame: tan a Harden— Title: Buyer Approved: Name: Tom D. Shaw, C, .M. Title: Purchasing Agent I J A n i I -;Iti r~1 .1 ~ its 7 Y''sY • • ' 4cerrdaNo, 0%/41 CITY of DENTON, TEXAS MUNICIPAL BUILDING • 216 E. MCKINNEY• DENTON, TEXAS 76201 (817) 566.8200 s DFW METRO 434.2529 M E M 0 R A N D U X DATE: August 3, 1995 TO: Tom Shaw Purchasing Agent FROM: Janet Simpson Superintendent of Leisure Services SUBJECT: Brochure Bid 01782 After evaluating Bid 91782 for the Parks and Recreation Department's PLAY brochure,the following vendors are recommended. ITEM VENDOR BID 1A. PRINTING RJK Printing $20,100 (3) 32 inside pages Ft. Worth, TX 33,350 copies each 1B. GLASSY COVER RJK Printing $10,050 (3) 4 page Ft. Worth, TX IC. CITY NEWSLETTER RJK Printing $ 51325 (3) 9 page Ft. Worth, TX 2. TYPESETTING D.C. Graphics $ 11575 • (3) brochures Krum, TX 3. DISTRIBUTION Denton Record $10,050 Insert in Wed. Chronicle, delivery 3 times Denton, TX 4. Adv. Salsa Denton Record 25% Commission • (3) brochures Chronicle, $3,000 min.comnission Denton, TX (-$12,000 min. revenue) • i 5. Cover Art To Be Determined Not awarded (3) brochures At A Later Date at this time TOTAL $38,100 "Urdirufed co Qualiii, Svnirr" a ~ p MOWN . r_, Y ~ -b ins jt~ Jar 3. R 4 ~<p`"".}7 s"~^ ~ fl P w e ' - / b7` C sly( ~ bd ~ ~ r ~~yy~t ;a4 a"5tia ylryryryryryryyl k?: 'w 3 4~L~ ~b ~'~~~~~9~yy Yy jj~R• S p1 _ 5 Nate All recommended vendors are current suppliers who have provided excellent quality and service for two years. Attempts were made to solicit new bidders by invitation and advertisement but few new responses were received. We are satisfied that bids received and recommended are competitive and assure good value to the citizens of Denton. Plea a contact me at #8274 if you need additional information. 6 k c Janet Simpson. Superintendent of Leisu.`e Services CC; Ed Hodney, Director of Parks 6 Recreation Lorraine McGregor, brochure editor • d i Date; August 3, 1995 . ♦ r.............,,..w., • t 1 t§ ~ n ~k~ ~-0!ey ~ ~ "~1 BIZ i~• n' 4 j e. .a.,.. . aa..:. ....r , »....h.., .....,...._nb.r.M iw. +r_.ww«w•xw •+W,fN! .cxwun, R1+M .erv PAGE 1 OF 2 -17882` - - - - 1 ID INAM E BROCHURES FOR PARKS RJK DENTON PJ FJ AND RECREATION PRINTING PIIBLISIIING BUSINESS BUSINESS DENTON PEATE AUGUST It 1996 FORMS A FORMS B DEPOT ESCRIPTFO ~7EF1D~5Fi~ 17 T FI ~166i i7 6~S~t~~ ANTI D A 100,060 2 INSIDE PAGES ON 34 LB HIGHBRIGHT STOCK 210.90 M N/B 234.94 M 228.97 M NIB FOR TEXT h i I B 100,050 -PAGE GLOSSY COVER (80 LB GLOSS WHITE 100,45 M NIB 109.08 M 104,46 M N/B I LITHOFECT STOCK, i BLACK IN PLUS 2 COLORS 1 C 100,060 DI SCRETIONARY: PAGE CITY NEWLETTER 53.22 M NIB 54.00 M $1.66 M NIB INSERT ON 60 LB OFFSET TOCK _ 1'2. 105 PGS PESETTINGAAYOUT: N/B N/B 31.00 PG 24.00 PG NIB _ 3. 100.050 DISTRIBUTION NIB 100.00 M 21.41 + 18.34 + NIB 4. _-8 PGS ADVERTISING SALES NIB 25% lot 258 _N/B 6. ` COVERS_ OVER ART NIB NIB 248.00 / 200.00 / 825.00 IOTA ISSUE - • ISSUE SAMPLES FURNISHED? REFERENCES FURNISHED? - INSERT IN ALL OR WEDNESDAY NONE DI?NTON w RECORD Apo 61 ~ 4? • . . _ _ ........,..„m...via......»+.......«we....w.v,+...wnaw4tNieFaa NN PAGE 2 OF 2 --78f ID# ID NAME BROCHURES FOR PARKS DC TATTERSALL AND RECREATION GRAPHICS PUBLISHING PEN DATE AUGUST 1, 1996 ANTITY Y9 1Q615FF -17EFi- VENDOR -1 A 100,060 2 INSIDE PAGES ON 34 LB N/B NIB E HIGHBRIGHT STOCK FOR TEXT 1B 100,060 -PAGE GLOSSY COVER NIB NIB (80 LB GLOSS WHITE LITHOFECT STOCK, ~ BLACK INK PLUS 2 COLORS 1C 100,050 DISCRETIONARY: NIB NIB -PAGE CITY NEWLETTER 111 INSERT ON 80 LB OFFSET STOCK 2. 5 PGs` TYPESETTING/LAYOUT: 15.00 PG 700.00 Rill I ION 3. 100 060 DISTRIBUTION NIB" _ N/B N/B NIB 1 ~4. t8-8 PGS DVERTISINO SALES NIB 60 COVERS COVER ART NIB SAMPLES FURNISHED? • _ REFERENCES FURNISHED? 1 A I ~ AMU I A. • a • ~ DENTON oooo 00oo0 oaoQ~D 47 00 A, 0 00 ~ p D p C7 G7 t o 0 DO O~0 r e ~OdO ~DOO 4 N "t 0000 oaooooooa ~ CITY COUNCIL • • ApMd~No 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 plane and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HRREBY 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 1781 SIEMENS POWER CORPORATION $398,822.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 111. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the • construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. lq~ • ' N jn; I,~i ~F~34 S'4~ ~f1 77TT h S ✓ n s~~T~'6e x>x f y N l 1E d A -10 . tote - ! d " y SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approvals PASSED AND APPROVED this the day of 01995. ROB CASTLEBERRY, MAYOR AY'TEST i JENNIFER WALTERS, CITY SECRETARY BYE APPROVED AS TO LES'L FORMt HERBERT L. PROUTY, UTY ATTORNEY BYt • 1 r, ~ s h i • w s ' tgendaNo. 5.429 4gelldai _ tS- 5 fete _ DATE: AUGUST 16, 1995 3 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID / 1781 _ TURBINE GENERATOR INSPECTION RECCWMENDATION: We. recommend this bid be awarded to the lowest bidder, Siemens Power Corporation, in the amount of $398,822.00. SUMMARY: This bid is for the technical services and material to perform scheduled maintenance on Denton's Spencer Plant unit #6 turbine generator. Turbine lgenera tor dismantle inspections are performed on a periodic basis to maintain Integrity and efficiency of machine operation. A complete disassembly of the steam path and generator are typically performed on a 5-8 year, 40,000 hour interval dependent on service. Unit Five was last inspected in the fall of 1988, and was returned to service In March, 1989. Operation since that time has totaled 57, 000 equivalent hours. Equivalent hours of operation take into account thermal operating cycles inherent in peaking service operation typical of Denton steam units. Other non-routine factors are Involved in the work scope for this particular dismantle Inspection. General Electric has recommended through Technical Information Letters (TIL's) that the Ist stage nozzle and retaining rin supplied with this unit are subject to failure and should be replaced. The scope of supply for this outage includes those items and funding for anticipated but unknown repairs to steam path components typically encountered during turbine repair. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Utility Department, Electric Production Department. FISCAL IMPACT: Option 1: General Electric was the only supplier capable of responding to the work scopes specified. Specifically, GE capabilities Include: technical service; new 1st stage nozzle supply and installation; new retaining ring supply and installation. Firm pricing for this scope totaled $670,592. An additional $50,000 for contingent repairs would increase the purchase order amount to $720,592. Option 2: Purchase of a new nozzle from GE, and utilizing an alternate supplier (Siemens) for technical service and retaining rings, would result In work scope pricing of $602,307. With contingent repairs of $50,000, the order amounts would total • $652,307. Alternate proposals have been received from MD&A and Siemens to repair rather than replace the 1st stage nozzle. MD&A did not furnish pricing for retaining ring supply. 1t ;r1.4 r + v ti's sidyfaw4z - 3i V q s • 1 .~aa S fii ut . • rq • t1 r + f `AAA' i r t ~lwl bite V05 Option 3: Utilizing the repair method rather than replacement for the lax ?tone nozzle, would result in consider ile savings. Siemens offers the capability for t, 1..r scope, supply of the retal„ing rings and technical service. Contingent repairs and material supply for this option are estimated at an additional $100,000, due in part to unknown costs associated with removal and replacement of existing nozzle (bolting, caulking, austenitic ring, etc). These costa have been assumed in the GE new nozzle quotation. The purchase order for this work scope options totals $398,822, _ amounting to savings of $253,485 over option 2 and $321,770 over option 1. Option 3 offers the lowest cost alternative to the planned work scope assuming that the repaired let stage nozzle is an acceptable compromise to new replacement. Our insurance carrier has been contacted regarding this matter and has responded with authorization to proceed with repair as an alternative to the OEM T1L. The purchase recommendation is based on low evaluated bid allowing repair of the let stage nozzle as an acceptable alternative to replacement. Funds are available in the 1094/95 budget for maintenance of generating equipment; Account Number 810-101-1011-5130. 4rp*e Illy sub t arre yger Approved: Name: om 1). Shaw, C.P.M. Title: Purchasing Agent 610.AOiNDA r w • C13 s r e DENTON o~~p o00 ooopO040 oo°~ 8 ~°°o b~ ~ o 0 0 C o 0 OOp~ ° ~ . ~ ~Qp~ oaa~oaaoo A CITY COUNCIL ar t • • 956 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 nat be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 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 56685 AMERICAN MANAGEMENT SYSTEMSr INC. $09,875.00 56686 IBM CORPORATION $609840.00 • SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. ISM! ~ '~1 ~C1 d~,~ ~ r b p Mmr a r„ t ~ y~ 0 6 'r , , a2 w. 4 7- 1, : ~ q 1 SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995+ BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYS APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTOR.YEY BYs r v ~ rx r t riff {~i e .a •1 S ~ a . i. ' fit. t d ~~1~e~y, ~ ~ .,a ~ r~ d y~.,, y - - 1p 1 ~ A r a r q tf ~ r r ~ Y c, ~ra_ ~ Y 'x f `~Y+T+,ck~ a~` m ~ f t iF: }F- ~ s ~ { Q5. iletf DATE: AUGUST 15, 199j 1Q CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM c Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER NUMBER 5888$ TO AMERICAN MANAGEMiW SYSTEMS INC. IN THE AMOUNT OF $89,875.00. SUMMARY: This purchase order to American Management Systems Inc, is for the annual maintenance and periodic upgrades for the Local Government Financial Software or LGFS. This software package is the operating software for the financial activities of the City of Denton including budgeting, accounts payable, accounts receivable, purchasing, inventory, fixedassets, general lodger, report writingand PCI (reporting network). Included in this annual cost are new releases, upgrades to the system and direct "hotline" troubleshooting and assistance. Data Processing Advisory Board -,:-commends approval, BACKGROUND: Pur .base Order Number 56685 to American Management Systems Inc. , Invoice rom AM3 dated July 13, 1995, Minutes from Data Processing Advisory Hoard Meeting August 8, 190b. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Information Services, Finance Ad nistration, Accounts Payable, Accounts Receivable, Purchasingo Inventory, Budgeting, Fixed Assets, and all users of the LGFS software. FISCAL IMPACT: Funds for this annual maintenance agreement are available in the 1 ormani iron Services 1994195 Budget; Account Number 100-044.0080-8521. The cost of $89,875.00 reflects an approxhnate 4.8% increase (#4,376.00) over similar services last year. ARespuHy su ted: rre r Approved: 1 Name: Tom D. Show, C. P.M. j Title: Purchasing Agent 6 22. A=MA Y i I 1 . !I r' J, ~D ~ ~ ~T+Y "aver .v ilL~rl p~4 it ri r ~fi~aj I~! Y y 1• i!(S ~ ut'~4~'~ fi F t < 3~it 1 z" r P a; 7er`r`' t ♦:ua a..,aNr riMa.'.•:. ~mia.Nw+N hNr.w...n .wilVV. nrrrNi. r. ....•w+..ra.a.u.n+w.rw.rminNM1.?al.Ir'W+aV aA'M. WAWAIMMIIrIaYflY~i+~. :'..n....r rr a...e.a....s..r aanawr..... a.l PURCHASE ORDER Ni 56685 s ~ Z THIS IS A This nwnber must Appear On elt Ap*%o CONFIRMING ORDER I invoices, delivery slips, cues, jD {IF MARKED) ctns., boxes. packing sips and bills. DO NOT DUPLICATE Ll r Sr Req. No: Bid NO: DNA, OB OS 95 Pape No. 01 sea PURCHASING ClVICOYY9 1 8 TEXAS STR61 TEXONN,SEXAS 76201-4354 817/383-7100 O1FW METRO 817/267-0042 FAX 817/383-7302 VENDOR AMERICAN MANAGEMENT SYSTEM NAME/ 4050 LEGATO RD DELIVERY CENTRAL ONLY S11 ADDRESS ADDRESS INFORMATION SERVICES FAIRFAX VA 22033 601 E HICKORY DENTON, TX 76206 VENDDA NO, AME42000 DELIVERY QUOTED 09 30 95 FOS DESTINATION 8UYER TS TERMG ' 001. 89875.00 S$ VENDOR CAT. N H / A MFG NAME 1.000 89,875.00 CITY 1 20556 LOPS MAINTENANCE FOR PERIOD OF AUOUST 1, 1995 THRU JULY 31, 1996 i I P GE TOTAL s 89,875.00 OR ND TOTAL a 89,875.00 101 100 044 0080 8521 89,875.00 f i i 3. rernrit Nei 30 W461% OENOON NSIAIICTIUNS •,»,I IicMa eopY 4. SNpplns inlVUCbortSt F.O.B. DesthtMloe prepeld Ya.Mu aWrW+. ,r nti•ri 1 SaM MhInel Invoice wiW 1. Bill to 'l is Pale 6. No federal of state islet lax shell be *Iwead 215 E. McK $e in pries killed. PZXMhv v Deh l TX 71181.4298 YfIV00R-ORIGINAL . A A0646 NO July 13, 1995 Project No: P2649 Invoice No: 009P1516 Mr. Edward Ordesh City of Denton 601 E. Hickory, Suite A Denton, TX 76205 rrxanzr~ ADVANrla3F./DS and GUI Maintenance Fees for July 1, 1995 through July 31, 1995. AM%WAGE/QS (incl. PCI & RP) $ 80,000.00 * 15$ - 12,000.00/12 *For a 1 month period $ 1,000.00 Less Maint paid for PCI & RP (312.501 Subtotal: $ 687.50 LGFS GUT $ 25,000.00 * 154 - 30750.00/12 *For a 1 month period 312,50 Subtotal: 312.50 IhFS Maintenance Fees for August 1, 1995 through July 310 1996. IGFS $ 227,500.00 Fixed Assets 40,000.00 Performance Measurement 15,000.00 Job Cost Aocounting 40,000.00 C,at Allocation 30,000.00 Efterded Purchasing 75,000.00 Inventory Control 60,000.00 ADV MAGE/DS. 80f000.00 IGFS GUI 25.000.00 Subtotal: 592,500.00 * 154. 88,875.00 TOThL INWICE: $n89,8745.00 Mark S'umners Financial Administrator PIFASE NO E: PAYMF1dI' fJ[ IZfOP? REX~, , Pl-,ase make remittance payable to. American Management Systems, Inc. P.O. Box 101043 Atlanta, GA 30392 Ref. Inv. N 009PI516 I a 0 F._ a> • 08/50/D5 Sl:SB 12817 $55 $535 city of Denton X001/001 ~g9ntl01t )ate i MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF AUGUST 811495 MEMBERS PRESENT; Don Edwards, Rosa Lawton and Renee Seely, and Bruce Mitchell . MEMBERS ABSENT; Anthony Hudspeth OTLLERS PRESENT; Gary Collins and Dave Dickey Discussions were held in regard to the maintenance agreement with IBM for mainframe software. Bruce Mitchell expresser he felt that the amount required was high and that the city should continue to look for alternatives. There being no real alternatives at this time, as this is proprietary software. The motion was made by (Bruce Mitchell and second by Rosa Lawton to recommend the City Council approve the agreement with IBM. Motion passed unanimously, Discussions were held in regard cc the GTE maintenance agreement. All agreed that using GTE made sense. The comment was made that the amount being asked by GTE was less than what would be needed to fund a repair person and a backup and that would not include any tooting and repair equipment at that. The motion was then made by Bruce Mitchell and second by Don Edwards to recommend the city Council approved the five year agreement with GTE. The motion passed unanimously. Discussions were held in regard to the financial system with AM9 on the LOPS software, Bruce Mitchell expresses he felt that the amount required was high and that the city should continue to look • for alternatives. There being no real alternatives at this time, an this is proprietary software the motion was made by Bruce Mitchell and second by Rosa Lawton to recommend the City Council approve the agreement with MS. Motion passed unanimously. Some time was spent discussing the information Services Proposed 1995-96 Budget, • There beanq no further business the meeting was adjourned. • i INJB 9 ' 9'.-; 12: 00 B17 566 8537 PAGE , P101 ''>'t' tfT 1,. ` jA7{_ ri F tc - . f *y`bi Its a ~ (t = ~ , v v*No. A90061 Date / DA'L'E: AUGUST 15, 1 5 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM, Lloyd V 1 Harrell, City Manager SUBJECT: PURCHASE ORDER NUMBER 58888 TO IBM RECOMMENDATION: We recommend this Purchase Order Number 58888 to IBM be approved the amount of $60,840.00. SUMMARY: Purchase Order Number 58888 to IBM is for the annual maintenance and pe- rlo~ic upgrades of the operating software for the City of Denton Mainframe Computer. This is an annual agreement covering the time period from June 1, 1995 through May 31, 1996 at $5,070.00 per month. Data Processing Advisory Board recommends approval. This is a sole source acquisition and exempt from the bid process as per Chapter 252 of the Texas Local Government Code, BACKGROUND: Purchase Order Number 58688 to IBM, Copy of Remittance Invoice or the month o7 July, 1995, Minutes of Data Processing Advisory Board Meeting of August 8, 1995. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Information Services D v lion. FISCAL IMPACT: Funds for this annual agreement are available In the 1994195 Budget; Account Number 100-044-0080.85211 Similar services from IBM last year were $73,444.08{ indicating a reduction in cost of $12,804.081 Res ally submitted s Lloyd acre City Manager Approved: Name: Tom D. Shaw, C,P.M, r Title: Purchasing Agent 623 , AGEWA 2 r 4 { r e . ~ • i • -:,vea'aa.•.,. rsric.:{.r.n.{+n•{+v.w. ,.,,.nn.wan.r+,.w.. w..,......i.. -m :...,.............,..........e.^.,.»..._....._....r....4,....n......n....~»..,,..,.'ww.n{mw.xw.+.x•~aNiww.wNiDlgy..{AI. tl0N1^pMN!Mf'n4 PURCHASE ORDER NO: 56686 THIS IS A E Th is number must appear on all CONFIRMING ORDER c delivery slips, cues, {IF MARKED) J ainlmss., , boxes. Packing slips and bills . DO NOT DUPLICATE VINANO. 5" Data: 08 08 95 Pape No. 01 Re-, No: mods' CITY OF DENTON TEXAS k1iF r PURCHASING DIVISION 1 901-8 TEXAS STREET of DENTON. TEXAS 75201-4384 06 817/383-7100 D/FVV METRO 817J287-0042 FAX 817J383-7302 VENDOR IBM NAME/ 1605 LBJ FRWY, DEPT, MJD DELIVERY INFORMATION SERVICES ADDRESS 3RD FLOOR ADDRESS 601 E HICKORY DALLAS, TEXAS 75234 DENTON, TEXAS 76201 VENDOR NO. 11149001 DELIVERY QUOTED FOB DESTINATION BUYER TS TERMS LINE ITY AMM 001 60840,00 SOFTWARE MAINTENANCE FROM JUNE, 95 THRU MAY 311, 1995 1.011 60840.00 • J 3 PA E TOTAL 60840.00 11 • GRA D TOTAL b0840,00 01 100 044 0080 8521 60840.00 1 vENOOR IN$TRUCTION$: 3. Terms - Net 30 lud.n a•. .a. paa4u 1. Send orrptnat invoice with dupiime copy. 4. Shipping instructions: F.08. Oestintlion prepaid w.arr .ux.4v v,.hso11 2. Bill to Accounts Peril ~ Ii. No federal or state sales tax seal be [rKk*d 215 E. IIII a Ss, in prices billed. Pura~WQV e Demo, TX 7621.4299 VENDOR-ORIGINAL • • ,Y`• {+1r<+,~% {k lr i '.I•t~ tV'QW~;1rv t{l~i'}:+'C,1. M I International Business Machines Corporation Inns, 10 nC C4{ nber InMloId111 P,p1 CITY OF DENTON TEL 7; 6•'62 JULY 1, 1995 1 cR0 ( 215 E MCKINNEY CiIY nr r:: lurt DENTON TX 76201-4229 iilf'ir.".' ` I ° !if E$ Accowlf aoc. g ' ACC W nI Numb11 O &~nU1011. Amount IM JUL I11aOWPP5a CD4 51070,00 A0d1HtCW1 t410n PIpH<IMNI Wyminlt l0 ` Inrek.mp Inti11<aola IlIDI+IIInlilll11611uluJ6lddIInIJ6lfunlRluldl - IBM CORPORATION -,C64 DEPT C114 PO BOX 841593 N DALLAS TX 75284-1593 Remittance Copy •U i (800 <9677--7882 q~ 12 13140.4 1802610 070195 070501010606020 000507000 To assure proper credit please detach this porliol and return with remlltunce. IfIVOILE~FOR LEASE%REN7AL MACHINES ANp /ORLICEiV$EI1 PR17f3RAMCNAROES` i T YPE/DE SCRIM ION LSE FRON THRU APrILICABLE APPL. TAX NET AMOUNT HOD/SERIAL OPI DATE SATE CHARGE DISCI/E ANOINT EXCLUDING TAXES 'FEATN/OESCRIPTION 5666 ACF/VTAM V3 FUR VSE 363 0049671 07/01/95 07/31/95 565.00 555.00 1293 GNLC PG 28 6686 CICS/VSE V2 026 0081009 07/01/95 07/31/95 1,104.06 1,104.00 1201 GRAD GRP 26 BASIC HLC 1227 GRAD GRP 28 BASIC HLC RCF 5686 VSE/SP UNIQ, COOS V5 026 COD7010 07/C1/95 07/31/95 653.00 65S.00 - - 1 0991 GRAD GRP 28 BASIC HLC 5686 VSE/AF VERSION 5 032 0OB7011 07/01/95 07/31/95 520.00 520.00 j I 1097 GRAD GRP 28 BASIC MLC 56G6 '.'SE%POHER '/c RSION 6 033 0087012 07/01/95 07/31/95 162.00 1112.00 • 1333 GRAD GRP 28 BASIC HLC 5686 VSE/FAST VERSION 2 034 0081013 07/01/95 07/31/95 1X1.00 51100 1425 GRAD GRP 28 BASIC MLC S 0696 VSE/ICCF VERSION 3 036 0067014 !7/01/95 07/31/95 122,00 122.00 1171 GRAD GRP 28 BASIC NLC POO 45135R 1 c inm<.r<rnl<M< INFORMATION SERVICES P.p1 1 7511662 JULY 1, 1995 J 1802610-00 Invllxn^'MJ+Inro<P ddw ACCO,nI llumplr CONTINUED International Business MaehInes Corporation Nt, ••s 1 / WWI I Id IIUl till OUb1{IU5S W41,111 1 WS VVf 1,VWUVII Invoketo Uwoke noudnr Invoke dao PAQ* CITY OF DENTON 7511662 JULY 1, 1995 2 215 E NCKINNEY DENTON TX 76201-4229 Accounkill" Account Numlml Branchofl. Am nl 3 1802610-00 CD4 51070,00 {{{1 ' Merin remll pnYn~enla l0 =rte Add~rt,C wecnon ~ Y i+ tnralealo❑ Inettllada❑ IIIIIh61it 111111[111it IIIIIIt 111III11I11111111111111 111 _ IBM CORPORATION - CD4 DEPT CD4 PO BOX 841593 DALLAS TX 75284-1593 Remittance Copy Fn Mraiim!al Milt of (800) 967-7882 f! 12 131404 1802610 070195 070501010666020 0005070DO Iv To assure ptopercreoit please detach this porIIon and return with remittance. INVOICE FOR LEASE/RENTAL MACHINES AND /OR LICENSED PROGRAM CHARO£S TYPE/DESCRIPTION LSE FROM THRU APPLICABLE APPL. TAX NET AMOUNT HOO/SERIAL OPT DATE DATE CHARGE DISC,/7, AMOUNT EXCLUDING TAXES FEATR/DESCRIPTION $606 VSE/VSAM VERSION 2 031 0007015 07/01/95 07/31/95 149.00 149.00 1366 L,IAO GRP 26 BASIC HLC 1477 BASIC HLC GRP 28 S/M FT 1539 BASIC HLC GRP 26 B/R FT S608 DITTO VSE/VH V3 - 052 0028555 01/01/95 07/31/95 145.00 145,00 0604 GRAD GRP 30 BASIC HLC 5735 ACF/SSP VERSION 2 XXA 0098479 07/01/96 07/31/95 106.00 18640 0101 GRAD GRP 30 BASIC HLC 1 i 5735 ACF/NCP VERSION 2 XX9 0098400 01/01/95 07/31/95 414.00 414.00 j 4523 BASIC HLC LICENSE 5736 DOS PL/I TRANSIENT LID V1 1 LHS 0021046 01/01/95 01/31/95 39.00 59.00 4503 BASIC LICENSE - 5746 DOS/VS COBOL COHPLR I LIB V1 C81 OODL816 01/01/95 01/31/95 231.00 231.00 4511 BASIC LICENSE 0 5746 OEV HGHT SYS/CICS/VS•DOS XC4 0008919 07/01/95 07/31/95 760.00 760.00 PON 451358 CvHOmturfotnce INFORMATION SERVICES Ptltr 2 I 7511662 JULY 1, 1995 J 1802610-00 t Account NuiWl ' In. a.brInroKO dale I International Business Machines Corporation CONTINUED u l 0 ,t . n S. I r°~c sl ~ t vi lr ' r ti 1'. YCF! ^.Y 1 ~141 l Ir~~ts.lr~7~.0 Jr .s ~rt.Sj,~lr v I ? + ~ r, $ s ' `ate l ° fk ) s , z 1 t~ • t 'r~4k-0 ny~y li v roylr~ty~'.ra t 'q rv r 1 y~"5 1 1 . 1 fy t j Invoke ro Inrpca number k.rplce de le Page +i CITY OF DENTON 7511662 JULY 11 1995 3 215 E MCKINHEY DENTDN TX 76201.4229 Accounlll mbet &e Kh01RN AmuM 1802610-00 CD4 5,070,09 _ Add, ass C prec ran Pkvse r&M 00y"vnrs to = Inro~.lep IostelNdMp 11HtbIIITIIIIIIII IIII IIIIIIII It IIIt61I11111111 it IHIHl111 = IBM CORPORATION - CD4 ' ' DEPT CD4 PO BOX 841593 DALLAS TX 75284-159.3 Remittance Copy Fw wywsn cal IM M. (800) 967-7882' 12 131404 3802610 070195.070501010606020 000507000 To assure proper credit please detach this portion and return with remltisance. INVOICE FOR LEASE/I~ENTAL MACHINES AND /ORLICENSEDpR00RAMCHARG~STYPE/OESCRIPfrON LSE FROM TNRU APPLICABLE APPL. TAX MET AMOUNT MOD/SERIAL OPT DATE DATE CHARGE DISC ./X ,MOUNT EXCLUDING TAXES FEATX/DESCRIPTION I. 4526 BASIC LICENSE 1 4572 BASIC LICENSE IIAG1 TOTALS S3DTA,00 63070.00 i~ 4 Vol* N_$- 6, f II~ f, RIGHTS TO PAYMENT WITH RESPECT TO THIS INVO.TCE MAY HAVE BEEN ASSIGNED TO IBM RECEIVABLES 1 ' MASTER TRUST T. THIS 114VOICE SERVES AS THE SUPPLEhENT TO THE IBM CUSTOMER AGREEMENT FOR LICENSED PROGRAMS. THE DESIGNATEO MACHINE FOR A LISTED PROGRAM IS CONTAINED ON A SUPPLEMENT AVAILABLE ON RBWEST. r PON 45135R Casloma,Nnence INFORMATION SERVICES Pea 3 i l ' 7511662 JULY 1, 1995 J 1502610-00 t 315 yj ~,ow,•n rui M'r O,fale _ ACCeuM F/unbee I `ylr ~'nf,S l' (vv nv International Business Machines Corporation • 03109~9t 11:89 12817 688 8633 Cit7 of Denton 001/001 ~g6R0aNo A90 0al MINUTES OF Nis DATA PROCESSING ADVISORY BOARD MEETING OF AUGUST 8, 1995 ` MEMBERS PRESENT: Don Edwards, Rosa Lawton and Renae Seely, and Bruce Mitchell MEMBERS ABSENT-. Anthony Hudspeth OTHERS PRESENTi Gary Collins and Dave Dickey Discussions were held in regard to the maintenance, agreement with IBM for mainframe software, Bruce Mitchell expresses he fait that the amount required was high and that the city should continue to ~60k for alternatives. There being no real alternatives at this time, as this is proprietary software. The motion was made by Bruce Mitchell and second by Ross Lawton to recommend the City Council approve the agreement with IBM, Motion passed unanimously, Discussions were held in regard to the GTE maintenance agreement. All agreed that using GTE made sense. The comment was made that the amount being asked by GTE was less than what would be needed to fund a repair person and a backup and that would not include any teeting and repair equipment at that. The notion was then made by Bruce Mitchell and second by Don Edwards to recommend the City l Council approved the five year, agreement with GTB. The motion passed unanimously. Discusaions were held in regard to the financial system with AMS on the LOPS software, Bruce Mitchell expresses he felt that the amount required was high and that the city should continue to look • for alternatives. There being no real alternatives at this time, as this is proprietary software the motion was made by Bruce Mitchell and second by Rosa Lawton to recommend the City Council approve the agreement with AMB. Motion passed unanimously. game time was spent discussing the information Services Proposed 1995-96 Budget, • There being no further business the meeting was adjourned. WG 9 ' 9, 12: W 817 566 95,13 WIF. WJ • ca r C DENTON oooaoaaooaaooo oo°% ~o °o © c, ~ o a 0 o 0 oop4A0 N Itti~~00 °°°oo ooo°o Qaano ! • CITY COUNCIL s u • • N ov /I a 1-f- -V Ir DeN /03 44 ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive sealed proposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and approved as being the beat responsible proposal for such items: RFSP ITEM NUMBER NO. VENDOR AMOUNT 1744 ALL GTE TELEPHONE OPERATIONS $221,502.10 • SECTION II. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for ouch items and agrees to purchase the materials, equipment, supplies o;r services in accordance with the terms, specifications, standards, quantities and for the. specified sums contained in the Invitations, Proposals, and related documents. i • ti. ~yc'✓f~l j~~~5}%A r1~~'il5f '~~~~~.Y'7~}~; 6 . 1 SECTION III. That should the City and persons submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposal, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto) provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 17. That by the acceptance and approval of the above numbered item- of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this _ day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • BYE ~A . 1.ay t {j SY l i:r J4bi ~rtl! bendaNc. R's-o 2, ~ . ~gsndal ~79te " 's' DATE: AUGUST 15p 1 CITY COUNCIL REPORT TO: Mayor and Members of the City :..2uncil FROM: Lloyd V. Harrell, City Manager SUBJECT: RFSP J1749 - MAINTENANCE OF TILEPHONE SYSTEM RECOMMENDATION: We recommend this Request for Sealed Proposals (RFSP) be awarded to the single respondent, GTE Telephone Operations, in the amount of $221,502.10. SUMMARY: This contract award is for a five year period and covers all PABX and key system telephone equipment maintenance for that period of time. The first three years the price will be $43,775.12 per year; year 4 and 5 the price will increase to $45,088.37 per year. Total obligation fa $221,502.10. This contract is very similar to our existing maintenance agreement; also with GTE. Data Processing Advisory Board recommends approval BACKGROUND: Minutes of August 8, 1995 Data Processing Advisory Board. PROGRAI t DEPARTMENTS OR GROUPS: AFFECTED:: City of Denton, Citizens of Denton and GT FISCAL IMPACT: Funds for this multi year contract will be expended during the applicable fiscal year. Funds are currently available for year 1 in the 1994/95 budget. 4Raape!pjfuHy sub t d: Harre ger ; j • Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 621. AGENDA r r • ' 0 ' a I„~n'1 u t I • a • r 08/09/98 11:89 0817 888 8803 Clts of Denton 0001/001 ~pendaNo,, 9S-~'Z9 4gendal 1l~VUTFS OF Chte '/S-- _ DATA PROCESSING ADVISORY BOARD L~ MEETING OF AUGUST S, 1995 MEMBERS PRESENT: Don Edwards, Foea Lawton and Renae Seely, and Bruce Mitchell MEMBERS A13SENT: Anthony Hudspeth OTHERS PRESENT: Gary Collins and Davo Dickey Discussions were held in regard to the maintenance agreement with ism for mainframe software. truce Mitchell expresses he felt that the amount required was high and that the city should continue to look for alternatives. There being no real alternatives at this time, as this is proprietary software. The motion was made by Bruce Mitchell and second by Rosa Lnwton to recommend the city Council approve the agreement with IBM. Motion passed unanimously. Discussions were held in regard to the GTE maintenance agreement. All agreed that using GTE made sense. The comment was made that the amount being asked by GTE was lose than what would be needed to fund a repair person and a backup and that would not include any testing and repair equipment at that. The motion was then made by Bruce Mitchell and second by Don Edwards to recommend the City Council approved the five year agreement with GTE. The motion passed unanimously. Discussione were held in regard to the financial system with AM9 on the LGPS software, Bruce Mitchell expresses he felt that the amount required was high and that the city should continue to look • for alternatives. There being no real alternatives at this time, as this is proprietary software the motion was made by Bruce 3 Mitchell and second by Rosa Lawton to recommend the City Council j approve the agreement with AMS. Motion passed unanimously. Some time was spent discussing the information Services Proposed ' 1995-96 Budget. • There being no further business the meeting was adjourned. AW 9 195 12:00 817 566 8533 PAGE. 001 f . DENTON ~~ap oQo ooppppp oo° 00 ~ 000 ~ i Q 0 OOO ~ ~ ~~d0 O o z Oppp ~DO~ aaaooooo s ITT COUNCIL M . 0 a o 1 40 CITY of DEMTOM, TEXAS MUNICIPAL BUILDING 0 215 E WK1NNEY o DENTON, TEXAS 76201 (817) 566.8200 a DFW METRO 434.2529 TO., Mayor and Members of the Council FROM: Lloyd Harrell, City Manager DATE: August 7, 1995 RE: Alcoholic Beverage Possession/Consumption in Parks RECOMMENDATION: Adopt an ordinance amending Section 22-32, of the code of Ordinances, Chapter 22 (Parks and Recreation) prohibiting the possession and/or consumption of alcoholic beverages in all city parks, with the exception of Civic Center Park. g~$Y If adopted, the proposed ordinance would: 1) prohibit the possession and/or consumption of alcoholic beverages in city parks and in public improvements within such parks, except for Civic Center Park; 2) prohibit the possession and/or consumption of alcoholic neverages within the parking areas and within the swimming pool in Civic Center Park; 3) nut allow for variances or exceptions to these proposed restrictions. BACKGROUND: At the July 18, 1995 work session, the City Council received a report on the proposed ordinance and approved a motion directing staff to place the ordinance on a future agenda for council • consideration. The staff report of July 18th also recommended that the current park curfew hours not be changed. Since the Council concurred with "Dedicated to Quality Service" - ' ~~r~k.~~ ~#'~stis' r `•~r, 1 S1r`f'.'} x g W, 00, S - i . f is ..........M. I~ Alcoholic Beverages Possession Consumption in Parks August 7, 1995 Page 2 this recommendation, the proposed ordinance addresses the possession and/or consumption of alcohol only. piGRAMS.~ DEPARTMENTS OR GROUPS AFFECTED: The Police Department's enforcement activities will be affected. EI.~Z!lP.~T Additional "no alcohol" signs will bu required at several parks at an estimated cost of $800. i RESPECT/LILLY SUBMITTE Lloyd V. Harrell City 4anager Prepared by: Ed Hodney, Dirk~ r 4 Parks and Recfe:tion Department • Appro by. I B T Mc ean Executive rector 4 Municipal Se,ices/Economic Development Attachments • r i 1 198 i • e ni:tacivrent A ~ • J C>1TY of DEWONr TWXA: MUNICIPAL BU1LD1NO.215 E MCXINNEY • DENTON, TEXAS 76201 (617) 5666200 • DFW METRO 431.2629 TO: Mayor and Members of the Council FROM: Lloyd Harrell, City Manager DATE: July 14, 1995 RE: Park Curfew Hours and Alcoholic Beverage Consumption RECOMMENDATION: City Council direction for the City Manager is requested. arrwr~uv t At its work session on June 13, 1995, the City Council approved a motion by Council Member Young to keep the loso0 p.m, park curfew, to ban alcohol at all parks and to allow variances to the alcohol bun by the City Council for .special events like Juneteenth. The City Council directed that this motion be forwarded to thn Parks and Recreation Advisory Board for their consideration and recommendations. After a special Park Board meeting on July 6th to receive public comment on the motion, the Park Board adopted the following recommendations at their regular meeting on July 13th: • 1) maintain the current park curfew hours at 10:00 p.m, to Goo a.s.1 2) prohibit the possession and/or consumption of alcoholic beverages in City parks and in public improvements within such parks, except for civic Center Parki e • 3) prohibit the possession and/or consumption of alcoholic beverages within the parking areas and within the swimming pool in civic Center Park "Dedicated to Quality Senicr" "Wo 4) deny any requests for variances or exceptions to the proposed restrictions on alcoholic beverage possession and/or consumption in parks. t Approximately 50 persons were present at the Park Board*s special meeting on July 6, 1995. At that meeting, iC citizens spoke regarding the City council motiont 9 others indicated their opinions on comment sheets which were provided. Of the 19 persons who commented, 12 favored a ban on _.lcohol at all parks without exception; 4 favored Civic Center Park as an exception to a total bent 3 preferred the current ordinance which allows alcohol in Civic Center, Nook and North Lakes parks. None of those present indicated a desire for any changes to the park curfew hours. In addition to comments at the July 6th special meting, staff has received and documented comments from an additional 30 citizens. Of these 300 25 favored a ban at all parks, 3 favored an exception for Civic Center Park and 2 preferred the existing ordinance. None of these 30 citizens called for any changes to the curfew ordinance. In all, staff documented the opinions of 49 citizens; 37 favored a full ban on alcohol without exceptions or variances. It is staff0s position, however, that it is prudent to accommodate special events such as the Arts and Jazz Festival which derive revenue from the sale or distribution of alcohol. The recommendations of the Parks Board include the exception of Civic Center Park from the proposed City-wide prohibition. The restrictions on possession and consumption of alcohol would remain in place at the municipal swimming pool and all parking areas within the park (Senior Center, Civic Center, swimming pool). i ~ROORAMS, DSPARTMS = OR GROUPS AFFECTEDt The Police Department enforcement activities will be affected. E&I the Police Chief and the City Attorney concur with the • recomended ordinance change. In order to effect these changes Chapter 220 Section 22-32 of the Code of Ordinances must be amended. FISCAL LMPACTf e , it is estimated that an additional 16 "no alcohol" signs will be needed for North Lakes, South Lakes, Owsley and Nack parks at an estimated cost of $800. This cost would be absorbed in the Parks and Recreation DepartmenV a FY 94-95 general fund budget. x Y • v: E fY e r `~~6` A" S y1t. ~Z 4 1 5~ f 4x C ~ l~ sk ~ i of i RESPECT Y SUBMITTEDs Lloyd V. Harrell City Manager Prepared bys Ed Rodney, Dire r Parka and Rear tion Approv Betty xean, utive Direatox N=icipal Serv ea/Economio Development • i i i F a Wf?. • to • r 1"\%pdoca\ord\atcohol AgeRdsNo,~-~.,_. Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THAT PORTION OF CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO ARTICLE II. ENTITLED "PARK RULESr', BY PROHIBITING THE POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN ALL CITY PARKS EXCEPT CIVIC CENTER PARK; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR A SEVERABILITY PROVISION) PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS OF THE PROVISIONS HEREOFr AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That Sec. 22-32 of Chapter 22, Code of Ordinances, Denton, Texas, is hereby amended to read as followat (a) It shall be unlawful for any person to consume or possess any alcoholic beverage while on the premises of any: (1) City Park (2) Public improvements located within a City Park, or (3) Vehicle parking area of any City Park. (b) This shall not apply to the Civic Center Building and the portion of Civic Center Park not enclosed within the fence surrounding the City swimming pools. (c) For the purposes of this section, the term "alcoholic beverage" is as defined in the Texas Alcoholic Beverage Code. SECTION Il. That all ordinances or parts of ordinances in force when the provisions of this ordinance btinome effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of ° any such conflict and all other terms or provisions of such prior ordinances and Chapter 22 of the City Code not in conflict with the provisions of this ordinance, shall remain in full force and effect. ;STION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City • Council of the City of Denton, Texas, hereby declares it would have • enacted such remaining portions despite any such invalidity. SE=10 Iy. That any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof such person shall be fined a sum not to exceed Five Hundred Dollars ($500) for each such offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. l rj ? 43,f T~W I - ~"AMMWR P ill Y mkt ?'y a ke ' ,^~Yn M r.; X t . ~gendaNo Batt SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official - newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of , 1995. BOB CASTLESERRY, OR ATTEST] JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORK: HERBERT L. PROUTYO CITY ATTORNEY BY1 l/f~alcw<ck1 G C-Ir 0 • S PAGE 2 ky. fir.h i AIL ,.V.` X1t1 a vh rim°fj(..•_.r • a► • Attacnment A'1 Minutes of the Q~! Denton Parks i Recreation DRAT Advisory Board Meeting July 13, 1995 6:00 P.M. Council Chambers Members present: Tom Judd, Mete Stallings, Burkloy Markless, Loyce Wilson and Doug Chadwick. Staff present: Ed Hodney, Director, Bob Ticknor, Superintendent of Parks, Janet Simpson, Superintendent of Leisure services, and Janis McLeod, Administrative Secretary. Chair Tom Judd called the meeting tc order at 6:05 p.m. Bu.*kley Harkless moved that the minutes of June 19th be approved and Doug Chadwick seconded the motion. The minutes were approved. s Proposed Artwork in Civic Center Park. This item was tabled for the next meeting. Action Itans: Consider Recommendations on Park Curfew and Alcoholic Beverage Restrictions in Parks. Ed Hodney said on June 13th the Council had approved a motion made by Councilmember Youn; to do the following: 1) to maintain the current curfew in parks at its present 10:00 p.m. to 6300 a.m. time slot, 2) to ban alcohol in all parks and to allow variance to the alcohol ban by the city Council for special events. The city Council then directed that this motion be referred to the Parks and Recreation Advisory Board for consideration. on July 6th, there was a special meeting of the Park Board to receive public comments on the Council motion. All members of the Board were present as were approximately 50 citizens. At that mating, staff briefed the Board on the history, legal authority and • enforcement of Denton's park curfew and alcoholic beverage ordinances. Public comment was than received from 19 citizens at the meeting. Hodney also informed the Board that comments had been received Prom a total of 49 citizens regarding the alcohol issue; 37 of these favored a full ban on alcohol in parks. Hodney made the following recommendation to the Board: , 1) maintain the current park curfew hours at 10:00 p.m. to 6:00 a.m.; 2) prohibit the possession and consumption of alcoholic O 0 f `Fa'd . v N t # z. 0 r tr r..r `art' -*t * a ♦ $ r~;i ~ ~ _ s 3 -f r. 0 Minutes from the Parks and Recreation Advisory Board Meeting July 13, 1995 Page 2 beverages in City parks and in public improvements within such parks, except for Civic Center Parks 3) prohibit the possession and consumption of alcoholic beveragw within the parking areas and within the swimming pool in Civic Center Parks 4) deny any request for variances or exceptions to the proposed restrictions on alcoholic beverage possession and/or consumption in parks. Doug Chadwick moved that the staff recommendation be approved. Iota Stalling seconded the motion. Doug Chadwick expressed concern on the wording on number 2 and 3. He requested the wording to be changed from "end" to "and/or". The Parks and Recreation Advisory board unanimously approved the motion as followst 1) maintain the current park curfew hours at 10100 p.m, to 6100 a.m.s 2) prohibit the possession and/or consumption of alcoholic beverages in City parks and n public improvements withii, such parks, except for Civic Center Parks 1 3) prohibit the possession and/or consumption of alcoholic beverages within the parking areas and within the swimming pool in Civic Center park. 4) deny an,, request for variances or exceptions to the proposed restrictions on alcoholic beverage possession and/or consumption in parks. ra e 6014 I r 1,~ ,Ii yy 1 F ca r Attachment A-2 Minutes for the Special Meeting of the Parks and Recreation a90Rtl21brq~~y Advisury Board Date July 6, 1995 7:00 p.m. at D.I.S.D. Boardroom Members present: Tom Judd, Meta Stalling, Doug Chadwick, Burkley Harkless, and Loyce Nilson. Staff Present: 8d Hodne,, Janet Simpson, Bob Ticknor, and Janie MCLeod. Chair Tom Judd called ta.. meeting to order at 7:08 p.m. The Chair stated the sole purpose of the meeting was to consider the following motion from the City Council meeting of June 13, 1995: to keep the 10:00 p.m. to 6:0o a.m. park curfew, to ban alcohol at all parks; and to allow variances to the alcohol ban by the City Council for special events. The City Council directed that this motion be referred to the Parks and Recreation Advisory Board for consideration. Mr. Judd further stated that the board would meet again on Thursday, July 131 1995 at the council chambers to decide on their recommendations to the City Council. The meeting began with a briefing by city staff regarding the history, legal authority and enforcement of DentonOm park curfew and alcohol ordinances, Ed Hodney stated that the Park Board needed to address the three points: 1) Should the current park curfew of 10:00 p.m.- 6:00 a.m. 1 remain the same or change? 2) Should the ban on alcohol be extended to all parks? 3) should variances to the ban on alcohol be granted by the City Council for special events? Hodney summarized current ordinances and gave a brief history of each ordinance. Janet Simpson presented a park-by-park summary of the park restrictions. Bob Ticknor, reviewed a survey of 13 other Worth Texas cities regarding their park ordinances and curfews. of the 13 cities, three of those cities generally allow alcohol in their parks, prohibiting it only in certain areas. Five cities, including Denton, generally don,t allow alcohol in perks but do not restrict it in selected parks. Finally, five cities don't allow it at all and grant no variances. Mike Bucek, Assistant City Attorney presented a summary of his • • research regarding the prohibition of alcohol in parks. Mr. Bucek advised the Board that Denton may limit the possession of alcohol in parks by ordinance (the current Denton approach) or by establishment of park rules. He further advised the Board of the • • Minutes from special Meeting of the Parks i Recreation Advisory Hoard Meeting July 6, 1995 Page 2 potential legal problems which would be created if the City chooses to allow alcohol by variance or permit in a manner which might be construed as discriminatory. Mr. Bucak stated that he had found no case law and no State Attorney General opinions which preempt the right of cities to prohibit the possession of ainoholic beverages in parks. eucek advised that an ordinance which allowed alcohol in one park, without a provision for permits or variances at the other parks, would be defensible. Mike Jet, Chief of Police than discussed the enforcement of the current curfew and alcohol ordinances. Chief Jos expressed his support for current park curfew and encouraged the Park Hoard to recommend the extension of the alcohol ban to all parkst without variance, with the exception of Civic Cantor Park. its stated that, in 1994, 66 arrests were made and the police responded to another 120 calls in the Fred Moore Park area. Jez said that, at the time North Lakes and Mack Park were selected to have alcohol in parks, it was because adult reorestional gams took place there. Since then, the activities have ohanged. Jes said he is receiving complaints regarding difficulties with adults consuming alcohol in the parks. Jos said, that as Denton's Police Chief, he roccmmends that alcohol be prohibited in all parks with the exception of the civic Center Park. Citizen commentsi Approximately 50 citizen attended the special mooting. Comments were received from 10 speakers; 9 others declined to speak but indicated their opinions on the city Council motion with coament sheets, of those in attendance, 12 person indicated that alcohol should be banned in all parkat • indicated that all parks except a Civic Center Park should be restricted; 3 persons supported the current ordinance. None of those present supported a change to the park curfew. Loyce Wilson moved that the meeting adjourn and Note stalling second the motion. The meeting adjourned at 8:09 p.m. 6010 • Q r • • Denton Cade of Ordinances Cbspter 22 PARKS AND RECRZATION• LatE Art. 1. In Oeaeeslf H ril-rill Art. A. Park Ilteha, H rill-" ARTICLE L IN GENERAL Mo.lLI. BONA go Id I The park and rttswdo ; board Steen be appointed n provided !r, artkM X1 of the Charter and Shall haw the pewtrs and dutiaa 11 -it od therein. ICode 1166. 113-2) CbaAw nferssao-Park and recreation bond, R 11.71, boards end comaalno>rn, ; 14.16. C,,ass reftrtstee-Beards oommtesions and aommittrw,124144 Seq. Stan. MI-MIL Reeerad. ARTICLE D. PARK RULES Sic. 2246. Un of public parhm eonoawkno. lai Public am. All parks and playgrounds ooquired and maintained by the city Sidi br open to the use of the public under such reasonable rules and rqulatioas as the city council may prescribe upon the rommmoadation *(the park and recreation board. •bi Concmmu. It shall be unlawful for say person to *Nor anything for banter or sale, exhibit anything for pay, conduct any place of amusen ont for wMeb an adminfen fie Is charged or render personal service or transportation of any character for bite in any public I park in the city without first obtainlag the privilege of so doing by contract with the city under such terms and conditions as may be provided by tM city council after receiving the reeom- II ntendstion of the park and recreation board on oath rich contract. b66. 6 1fW1 Ste 2s M, Roan at optrado& • The city parks shall be towed to the public between the ho m of 10:00 p.m, and 6At1 a.m. an the following day, and it shall be unlawful for any person to enter or be found in dly parks betwrtn such hours, noept for events approved or schodultd by"parks and recreation deputntent or city ooundl. 'cod* 1966. 1 M) • 'Charter repreaet-Parks and recreation, art. XI. Croce Weronaee-Animals generally, Ch. Si romation are" In mobile bonze or ester • Si' stional vehicle parks,; 5268, suer 44 4 1501 • • +O~ad11No } DLNTON CODL i~+ _ 1140 Sao. we& T+aWb said »eso Ism The dopwtaoeat of peeks aid roaostica shall charge and collets the fees for the use of buildings and facilitke sad fee reeroattiooal programs, servkre, end =M*Ardin offered by the dop ertmerit in the amounts eatablisbad by the city council by ordissaa. All parsons who de not reside a even. psoPeey wklis the cite' sbsll be ehargad sn addkisaai i{!b' f60} porosat of Ow astabliAwd rea far the use d baddta•s aced radfitles. Any' DdirNaal es roW nWttg rood, beverages, or mesehasd. at the Civic Cwnlw, Benner C DW, any reawtloa canter, Civic Center Part, North Lakes Park and South Laka Park shall prepay a he of @W "an ($8.00) per bow to the city. Any person. paeticipefiiB in door or program poovWod by the department of park@ and toaoatloD W" be ebw d an administrative he of duce dellen sad fifty ants (113.60). All persons wbo do not reside or own property witch the efty alall be charged an additional nanrnaidout fee of three dollop and Pq cents I$8.60) fa participation in doom or programs provided by ties department of parks and wen adoa The director of the dsporhomit cow wt, charge and collect few for dews, trips, equip meat, merchaw ins, police or enpwrisory services, and other programs, ssrviosa worts and merchandise provWad or offend by the department where no fns or charge is utabiiahed by ordinance. The tee or charge shall be based on the outs of providing the event, esrvice, equiprMnt or goods. (Code 19061 16.3.1; Ord. No. 91465,11,4.2.91; Ord. No. 93208,11. 11.2.93) Bea 0". SWu and allow adveretrlr• deviom It shell be unlawful far asp person to plans or act any strudus, WVN bulletin head, post, pole or advoetidog device at any Wad in any pork or playground or to attach any notice, bill, poster, sign, wire, rope or cord to any tree, shrub, fonw, railing, past at other structure in any park or playground in the city without specific permission from the city council, ICodo 1988,1 1341 Crow refersaee-tllgns and advertising devices generally, Ch. 33. Bee, Vehioles said asheals. is) Commerria! vehicles proAibited. It shall be unlawful for any pereoi to operate any heavily laden vehicle or any vehicle engaged in business or commercial transportation or • activity of any kind over any street, dries, parkway or boulevud in any public pork in the city, except under authority expraely granted by the director of parks and recreation, (b) Vehicles and animals limited to co"Wa areas. It shall be unlawfW far any person to operate or drive any automobile, motorcycle or other vehicle or to lead, drive or ride any animal over or through any pork. except along and upon park streets, drives, parkways or • boulevards. tcl Hitching, tHAertrs j or pasturing animals prohibited. It shall bo unlawful for any person • • to tether or posture any animal in or upon any park or piaygreund or to hitch any bores or other animal to any tree, shrub, tome, matting or other structure In any park or playground. 9upo. No 4 1602 r • sa • "Who _ +~tf PARKS AND RECRZATION ; ".31 (d) Porking mstrictiowu. It shall be unUwNI for any person to park any vehicle in a pork, except In places designated by the city for such purposes, and it shall be unlawW for any person to park or permit to remain parked any vehicle anted by or under such psasot 's control on park property after 10:00 p.m. or before 6:00 a.m., unless perticipatlr4in an activity which is scheduled by or with On approval of the city. ICcde 1066, 11") Crew retweoeaa-Animals generally, Ch. 6; motor vehieles and eradk generally, Ch. 16. Bet. =41. Preldished see& it shall be unlawful for any person to either perform or permit to be piAormed any of the following acne, (1) Mark, deface, disfigure, Wun, tamper with or displace or remove any buildings; bridges; tables; beaches; Srsplaow; railings; paving or paving ossior l; water Unas or other public utilities or parts or appurtenances tberw(, signs, notice or placards, whether temporary or permanent; monuments, stakes, poets or other boundary markers; or other structures or equipment, facilities or park property or appute. nanoss whatsoever, either real or personal; 4) Throw, discharge or otherwise plan or awe to be placed in the waters of any foun• twin, pond, lake, stream, bay or other body of water In or adjacent to any lark or any tributary, stream, storm sewer or drain flowing into such watts assay substance, matter or thing, llquld or solid, which will or may rwu It in the poilutioe of the waters; 13) BHng in the park to dump, deposit or leave any bottles, broken glass, ashaa, paper, boxes, ass, dirt, rock, rubbish, waste, wood, garbage, rOm at W w howehold or commercial trash, contalron, equipment or applianoa. All re6m. trash or other material created through the use of the parks shall not be placed in any waters In or contiguous to any park or left anywhere on the grounds thereof, but shall be placed in the proper reoeptev We when provided, stied if not provided all such rubbish, trash or waste shall be carried away from the par It by the person responsible for its presence and properly deposed of elsewhere; (4) Swim, bathe or wade in any waters or waterwaya in or adjacent to any park, except in such waters and at ouch places as an provided therefor and in compliance with • such regulations as are set forth in this chapter or may be hereafter adopted; r5i Bring in or dump, deposit or leave any noxious, hazardous or flammable materials or substances, either solid or liquid, on park property; (6) Start or maintain a fin in a park except in a fireplace or grill at a site designated by the parks and recreation department; to leave the pork without extinguishing a fire tJ started or maintained by that person; to burn wood found in the park or to deposit hot coals in trash receptacles; 0 0 17) Camp in a park other than in an area designated by and with the written permission of the parks and recreation department; Supp No a 1503 • 0 V f OMNO 022-31 DENTON CODI6 kill (e) Posses, Degas into to dfaebarp in s park any fi wm, air or peopntad gun, bow, eeossbow or other atilwile throwing devfes (9) Mow or carry awry say red. mad, earth, errs, wood. shrub, bww or ether land empft in a past of to tnxaph. wura or dnbv plant auto" sad perk funs or faaWtke, saorpt as ro*d rd by wU& N of chapter 6 et"Cody (10) lift a pdf Will la a park msoept in area dogINAW by the psi sad rearatioa dspastmomik (11) Take any teh or other agtwtk Hh &on park water ants by aqy swans eeaispt a book and line sales salami or ard&W balk. AH aey sad &"w an psrhibft4 112) Operate w awn to be opwabd on any bah of waive in any park say wwoi or vahkie squippr d with an into" wmbuadm saglae designed or altered to propel nob vessel or vrhwo in water. I 1966,1 166; Ord No. S"13, 11. 1-1740) tee 234l. CMammptlan of almbslb brereapa la) It shall be unkmM fw any porm to comume an alooholfe beva while on the premimm of the following; (1) Avesdab Park; (2) Bowling Onm Part; (3) BrtonU Park; (4) Prod Mow* Park; (6) Joe 8kiles Park; (0) Martin Luther King, Jr. Park. 191 McKenna Park; Im Milam Park; (9) Netts Gaups Park, i (10) Phoenix Park; • 11) Toasley Law Park; (12) Evem Park, 13) Denis Park: 1111 TM whkb parking area of the parka Ustod in subeutiom (01) through (13) of this • section: and » (15) The whkle parking arse off., a. North LWm Recreation Center; 9upp. No ♦ 1304 ter,'. ti ,rs ~i;x ~x~, ~q.~ f~~' c ~ „~f~'~ Pit Y w S~ u + xF~i PARKS AND RECREATION bib b• Martin Luther King Rwrostion C mw, c. Deaia Raoeaadon Canter, d. Civk Ceder; V. Senior Cmam Center. lb, Por the purdona of thin nation, tM term "alooboW bovWW, le M donned in IM V.T.CJL, AlodWk Baoirap Coda f 1.04. (Code 1966, # 16•'J; Ont No. "I. ! I, 6.") Cram reftmo a-AlooWle MmWn 9 , Ch. b. so" w. 4 1b0S IThe not pap is 186ft J ~ h ~ry ,l ! r ~ ~t , dr{t~~~k ( t' C (h 1tt I l ~~C ,`C yj, 0 "rp 1y~iryh ~ p y~ t; w t•~~~nIB t~t~~'sk a 1r~. d i S r ` «l ~ . i~.'~,+•S~~i~Y#'i~<+af 1'(Ji t`i b; ~~i~ r y w Attadnft t Y Corral Restrkwdo■ oe AkobW by Park VMf me July 6, 1"s 4Ms PARK TYPE ALCOHOL PARK N = Neighborhood CONSUMPTION SPECIAL NAME Coulaumlitv AVONDALE N NO NONE BOWLING GREEN N NO NONE BRIERCLKFF N NO NONE FRED MOORE N NO NONE JOE SKILES N NO NONE Not oilowed in MARTIN L. KUNG, JR. N NO puking lot of Recreation Center MCKENNA N NO NONE MILAM N NO NONE NFTTE SCHULTZ N NO NONE OWSLEY N Not listed in NONE O+dmaare JWOENIX NO NONE Not allowed in puking lots. CIVIC CENTER C YES Allowed at nmWs of ; Civic Center and Savior Center, • Not allowed in DENIA C NO parking lot of Recreation Center EVERS C NO NONE • MACK C YES NONE r • Not allowed in NORTH LAKES C YES parking lot of Recreation Center • ca • r F i.. DENTON O~~ap0000 6700 - tin o cl o a PD ~ 00 OOO r ~ ~,~ppp 0000 ON , ~ 0000 ooaoo ITS' UOUNCIL • r • s • r a • AQIAd1No '0 w . . CITY of DEN1'ONp TEXAS MUNICIPAL BUILDING ~ 216 f. MCKINNEY o DENTON, TEXAS 76201 (817) 566.8200 • DfW METRO 434.2528 TO: Mayor and Members of the Council . FROM: Lloyd Harrell, City Manager DATE: August 8, 1995 RE: Amendment No. 1 to Lease with North Central Texas College RECME DATION: Adopt an ordinance authorizing the Mayor to execute Amendment No. 1 to the lease between the City of Denton and North Central Texas College. SIMMY 1 Adoption of this ordinance would approve Amendment No. 1 to the City's lease with North Central Texas College (NCTC), implementing an annual parking assessment of $10,000. This assessment is needed to recover costs to the City associated with the construction of additional parking spaces for MCTC by city forces. BACKGROUND: 0 In June 1992, the City leased 12,000 square feet of space in the Denton Municipal Complex (DMC) to MCTC for use as classro.)m and office space at a rental rate of $7,000 per month (escalating to $7,500 per month in August 1996). The lease is for a 10 year term, ending in June 2002, and originally included 100 parking spaces for NCTC. After MCTC began operations at the DMC, the City began receiving complaints that parking was inadequate to service the • college and the city departments in the building. • • In January 1995, the City Council received a report from staff on the need for additional parking at DMC to accommodate growth in student enrollment at NCTC, as well as existing City operations. In the January report (see Attachment A), parking improvements were "Dedicated to Qualify Service" Amendment No.1 to the Lease with NCTC August 81 1995 Page 2 proposed for construction by the City. The project would provide 70 new parking spaces for NCTC, giving the college a total of 170 dedicated parking spaces. In order to construct the new parking spaces south of Hickory Street, a lease of property from Missouri Pacific Railroad was negotiated at an annual lease cost of $4,050 from May 1995 through April 1997 and $7,500 per year from May 1997 through April 2005. This lease was approved by the City Council by Ordinance No. 95-079 on April 11, 1995 (see Attachment 9). In September 1994, the City completed a 40 space expansion to the parking lot at the north end of Railroad Avenue at McKinney (see Area A on Attachment C). Paving in areas B and C will be completed at the end of August 1995. Ne~1 revenues from Amendment No. 1 to the lease will be used to offset expenses related to this parking expansion project. Staff has negotiated with NCTC an annual parking assessment of $10,000 j payable in -monthly installments of $833.33. Should the City council adopt this ordinance, the parking assessment would begin September 1, 1995. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: NCTC will be provided a total of 170 parking spaces, an increase of 70$ over their present parking spaces. Available parking for the general public and departments in the DNC will increase by another 70 spaces, improving convenience and alleviating complaints of inadequate parking. • FISCAL IMPACTt New revenues from the proposed lease Amendment No. 1 will total $69,000 through the remainder of NCTCts 10 year lease of space at l the OMC which expires in Ji&na 2002. The parking assessment of $10,000 per year will substantially recover land lease costa and paving costs associated with this project, as well as routine maintenance through June 2002. . • w r r.rrr .n w. iw • 11 1 f LY aI I 1` 1 , 1@1 le'll! 1 1,11 1101 f r Ae 't a ,,.vvr i M ..igLY 1TC Rra jt ~v£ fTta Y y; ~k -01 a' AP*• Amendment No.l to the tide r*+.-+...... Lease with NC7C August 80 1993 Page 3 RESPECTFULLY SUBMITTED: L1 d Harrell City Manager Prepared by: Ed Hodney, Direct Parks end Recreation Approv bye Bet oK xecutive Director Municipal se ices/Economic Development Attachments • 3 f y~st - / 4 }Yi X + SJ ~~+..w.wwr~..~. • j 1 ,i F TL I. ~r iR ! viii^.v°~.ni~w ~~~~u. 1 1 Amp,. • w • Attachsant A M E M 0 R A N D U N TOs Mayor and Members of the City Council FROMi Betty McKean, Executive Director Municipal Services/Economic Development DATES January 6, 1995 SUBJECT: DENTON MUNICIPAL COMPLEX PARKING LOT STATUS AND PROPOSAL CURRENT PARKING C014CERMS1 Since the City has moved the police and courts operations to the Denton Municipal Complex (DMC) in August and, with the blossoming student enrollment of North Central Texas College (NCTC), a major impact on the availability of parking spaces has developed. This has been an overload problem on certain days when the court has the jury selection process underway and the college has heavier class loads. On occasion, the parking space shortage causes inconve- nience and confusion for citizens visiting the City offices. i BACKGROUNDS There are currently a total of 300 parking spaces surrounding the DMC for City employees, students, and citizens. As part of the lease agreement with the college, additional payments may be required to pay for any expansions and enhancements driven by the increased enrollment. It is anticipated that NCTC will charge a parking fee to its students to offset costs for improvements. Additional property south of Hickory Street, owned by the Union Pacific Railroad, is being considered for immediate and future • parking needs (see Exhibit Area C). PARKING LOT ADDITIONS, PLANS FOR ENMANCZNTS AND LANDBCAPINGs To alleviate parking complaints, the City completed a 40-sp4ce expansion to the parking lot at the north and of Railroad Avenue at McKinney Street In September (see Exhibit Area A). This was e accomplished by securing an additional lease of property from the • Union Pacific Railroad. Although this expansion has eased some of the parking impacts, it has not completely eliminated all of the concerns. • w • AprdsNo. Apendaltee-_._.,r, DMC PARKING LOT STATUS AND PROPOSAL Pngs Z We An enhancement of the existing west side Railroad Avenue lot is planned by adding 8 feet in width, and a 2" overlay of asphalt (see Exhibit Area B). This will upgrade the lot to City standards for size and driveway widths. This expansion will also allow for parking enforcement by providing additional maneuvering space for tow trucks. New standardized signage will be installed to clearly designate areas for students and give clearer directions to citizens, hopefully, eliminating the confusion of the existing "mixed" parking lots. Landscaping will include adding trees with irrigation throughout the area for beautification. N' WIATIONS WITH RAILROAD FOR NZW PARKING LOTS: Due to the length of the remaining NCTC lease (7 years) and their expected continued growth, coupled with the City's own "co plan to move additional offices, it is necessary to strategically plan for additional parking expansion. Therefore, negotiations have taken place with the railroad to lease property south of Hickory Street for even more parking (sea Exhibit Area C). Phase I of this parking lot oxpansion would include upgrading an existing 66-space lot as well as constructing an additional 67- space lot for a total of 133 spaces. Completion of the negotiations would allow us to dedicate 70 of those additional spaces to NCTC and provide a more "clustered" approach to parking for designated groups, The revenues from the college to do the improvements will be forthcoming after the new spaces are provided. The actual number of spaces will be determined by the outcome of final negotiations of the railroad and finalization of a parking improvement budget. This negotiation also includes moving the historic railroad depot from its current location for the possible use as a visitors center for the Denton Branch Rails to Trails Path. OUTDOOR SITT114G ARZAt Enhancements to the DNC west entrance also are Included to provide • greater logistical identification of a "west entrance" to the DMC. This is planned to be a shaded area with benches and landscaping to attract smokers away from the west entrance door. FISCAL IMPACT AND FINANCINGt The initial proyect expense will be approximately $70,000. It is • intended that this expense be reimbursed over the remaining teas of the NCTC lease agreement. This amended lease agreement which identifies the payment schedule will be brought before City Council for approval. 1 _ZN 0 O_'^_ N DMC: PARKING LOT STATUS AND PROPOSAL Ag011d8~~ Page date New, landscaping will be funded. from a grant received from the utilities Department. The City's Street Construction Division, the Parks Division, and Mater Utilities will construct the Improvements with in-house employees. lA1MART I The Denton Municipal Complex has developed into a very effective and efficient facility for the citizens of Denton. It has provided economic growth for a major food processing company in our com- munity. It has established another educational campus offering additional higher education and community educational opportun- ities. The facility has provided the City space to expand services to our city's growing operations. This parking lot proposal is an opportunity to develop and upgrade the exterior facilities and provides a means to finance the project. The project will upgrade the entire parking area to meet current City standards as well as provide for an aesthetic appearance to this developing area of our downtown. A)~ ~iw "f "-c as , xecut ve Director Municipal rvicem/Economic Development AJJOOA7 3 . PIPS w Art.'. I '1' rid 6 Y [ 1 • f • • . . _ •i• .a. .w r.. w r..a„n. n..,s.... h VI. 6t! 3 . 1 OMC PARXINO MATRIX Monda a100AM 9130AM 11100AM 12:3OP14 2i00PM 3:lOPM 5r00PN 6:3001 01OOPM 9r30FM TO TO TU TO TO TO TO TO TO TO 0130AM 11:O0AM 12r30PM 21OOPM 1r30PM 510OPM 6130PM 01OOPM 9130 II OOPM NCTC 110 130 146 100 19 09 160 164 CITY STAFF HR 13 13 13 11 11 13 I8 11 ]1 ]1 11 11 ll l 1 1 1 POLICS 103 103 10) 103 131 103 51 51 51 51 COURT CLSRK 12 12 12 12 12 12 2 2 2 2 PROSECUTOR 1 1 1 1 1 1 S 1 1 1 MUNICIPAL COURT 9 5 5 5 5 5 1 1 1 1 1 VISIONING 20 20 20 • CITIZUS 30 30 10 3O 30 20 NIGH? COURT 100 100 100 100 TRIAL • JURORS 12 12 12 12 12 12 i WITNESSES TOTAL 297 317 311 295 215 246 265 365 )40 156 ! CITIZENS AND PATRONS WIIX1 TO HUMAN RESOURCES, INFORWITION SERVICES, POLICE, COURT CLERKS AND NU91ICIpAL COURT, "plembar 13, 1994 1'llu PM • • • - n.,.;.n, r "ray:. r•, i.•.. ; r..m.y .r ......:..a Mr w. n.~. ?Yp.-aqua 5 .Y!t,' DNC PARKING MATRIX Tuesday 740AM 8t00AM 9:30AM 11100AM 12:301" 2100P" 31)oPM SIOOPM 6iM B:OOP" 913OPN TO TO TO TO TO TO TO TO TO TO TO 4300AM 9130AM 11t00AM 12130PM 2100PM 31301M 610OP04 6008M Gt00PM 9:30PM 111001" NCTC 147 143 S6 76 95 118 118 118 CITY STAPP i HR 13 21 13 13 1) 13 ' IS 11 21 11 21 11 11 1 1 1 1 POLICB 63 83 83 83 111 83 51 51 51 51 COURT CLIRK 12 12 12 12 12 12 2 2 2 2 PROSICITTOR 1 1 1 1 1 1 1 1 1 1 MUNICIPAL COURT 5 5 5 5 S 5 1 1 r 1 1 VISIONING 40 20 20 • CITIbaB 30 30 10 30 30 30 COURT so so 5o so so so 100 100 100 10 m TRIAL - JURORS 12 12 12 12 12 12 12 • 6 WITNBSSII • 'T'OTAL 40 364 166 273 293 245 )12 274 214 294 1s CITIZXNS AND PATRONS WING TO HUMAN RBSOURC88, INPORMATION SBRVICIS, POLICB, COURT CMI(S Alto MUNICIPAL COURT. September : 1, 1994 "n Pm • • d. R Y, f r... . . e,...«.. wmaf w.w.w w en..+q..V;•. bY}fdJ1yq.(C 1 1 ~ DMC PARKING MATRIX Wednesday 8100AN 9t30AM I1 :OOAM 12430PM 2100PM 3130PM 5i00PM 600PM 8:00PM 9tl0PM TO TO TO TO TO TO TO TO TO TO { 9t30AM 11t00AM 12t30PM 2100PM 3 00PM 5e00PM 6130PM 8t00PM 9130P" 11100/0 NCTC 96 130 _ 118 58 110 110 126 126 126 CITY STAFF HR 13 13 13 13 13 1'1 I9 11 11 1l 11 it 11 1 1 2 l POLICi 83 83 83 83 111 13 S1 51 51 51 COURT CLSRK 12 12 12 12 12 12 2 2 2 2 PROORMTOR 1 1 1 1 1 1 1 1 1 1 MUNICIPAL COURT 5 5 5 5 5 5 1 1 1 1 vISI0NIN0 20 20 • CITISINS • 30 30 10 SO 30 30 COVRT 70 70 70 70 TRIAL - JVRORS 12 12 12 12 12 12 i NI7l=GXG O TOTAL 263 297 285 22S 305 277 2S2 272 272 126 Y CITIMS AND PATRONS OOINO TO HUMAN RI80URCI9, INFORMATION BIRVICu , POLICI, COURT CLg1Ul AIR) MUNICIPAL COURT, September 13, 1944 1 Pin FM 0 : s. I X15 ~ .a'.. R M a.: .'4::.: 1.< • ..4MNa1.'Ia1'IY.4,iniN'.I H~°.Jtl1{r?rr< 1. 1 r DMC PARKING MATRIX Thursday aIOOAM 5130AM 11100AM 12130PM 2i00PM 3130PM 51009M 4rlop" BIOOPM 9,30PM TO TO TO TO TO TO TO TO TO TO 9130AM 11i00AM 1200PM 2tOOPM 3130PM SIOOPM 1613opm /100PN $130PM 1110OPM NCTC 151 its 56 65 64 /1 11 1/ 1/ CITY STAFF NR 13 13 13 1l 13 13 16 11 11 11 11 11 11 1 1 1 POLICY 03 43 83 iii 111 /3 51 51 51 51 i COURT CLIRK 12 12 12 12 12 12 2 2 2 2 PROSYCUTOR 1 1 1 1 1 1 1 1 1 1 MUNICIPAL COURT S 5 5 5 5 1 1 1 1 1 VISIONING 20 20 CITIZINS 30 30 30 30 30 30 COURT 54 54 54 S4 54 54 100 100 100 100 TRIAL • JURORS 12 12 12 12 12 12 Y * t NITNS8828 $g TOTAL l79 731 277 217 149 217 241 276 274 114 CITIZINS AW PATRONS GOING TO HUMAN RISOURCYS, INPORMATION SIRVICIS, POLICI, COURT CLYRXS ANU M1NICIPAL COURT. 4 Sepcernber 13, 1994 I I'"On PM e , • i 1 r)MC PARKINO MATRIX Frida - Voir Dire 8100AM 9:30AM I1100AM 121lOPH 2100PM 31.10PM S100PM 6t3OPM /1UOPM 9130PK TO TO TO TO TO TO TO TO TO TO 900AM 11i00AM 1200PH 2100PM 3130PM 540OPM 6l30P04 6100PK 9130PM 11t00PM NCfC 121 121 57 S1 61 01 106 106 106 CITY STAFF MR 13 11 13 13 13 13 I6 11 11 11 ll 11 11 FOLIC/ 03 03 83 13 111 13 50 SO 50 SO COURT CL/RK 12 12 12 12 12 12 PROS/CUTOA 1 1 1 1 1 1 MUNICIPAL COURT 5 5 5 5 5 5 VISIONING CITIZENS • 30 30 30 30 30 30 10 10 10 10 VOIR DIRS 63 51 51 45 30 33 TRIAL - JURORS 12 12 12 12 12 12 6 NITH266116 • TOTAL 351 345 275 260 267 211 166 166 166 60 • CITIZINS AND PATRONS GOING TO HUNAN RKSOVRCSS, INF(MKATION SIRVICIS, POLICE, COURT CLUKA AND MWICIPAL COURT. Pormula used to estimate number o: ,air dire participants 90 (number of volr dire persons called In) • 701 lestimsted percentage of people who will show up) . 63 person pro en 63 (persons present the previous hour) 6 (persons picked as jurors each hour) . vior doir number September 13, 1994 , 1790 PM alrt.. ♦I DMC PARKIN(; MATRIX Pride 3 I;OOAM 93 30AM 11rOOAM 17:30PM 2;001114 3:30PM 510O11M 613OPM /IOOPM 9:SOPM TO TO TO TO TO TO TO TO TO TO 9:30AM 11,00AM 12;30PM 21/0PN 3130PM S:OOPM 6:3011" I;OOPM 9:30PM II:OOP" NCTC 121 171 51 57 B1 106 106 106 CITY STAFF NR 13 13 13 13 13 11 18 11 11 11 11 11 IS POLICI 03 03 03 13 111 03 50 SO SO 50 COURT CLnK 12 12 12 12 12 12 PR08ICUTOR 1 I 1 1 I 1 MUNICIPAL COURT 5 5 5 5 5 S VISIONING CITILRNS 30 30 30 30 30 30 10 10 10 10 JUIORS 12 12 12 12 12 12 T 6 RI ALL -NI8BI8 d TOTAL 211 288 224 224 276 741 Sib 166 166 60 CITILINB AND PATRONS GOING TO NUMAN RI80URCIS, INFORMATION SRRVICIB, POLICR, COURT CLRARB hW MUNICIPAL COURT. September 13, 1994 ri4n f1d a 0 f:.' r: J Mfr Q r • DMC PARXINO MATRIX Seturde 8:00AM 9:30AM 11;00AM 1200PM 200PM 3130PM Si00PM 6130PM 9i00p" 9130PM 1 TO TO TO TO TO TO TO TO TO TO 913OA14 11:00AM 12:30PM 2;00PM 3130PM 5:OOPM 6:30PM St00PM 9130PM 11:OOPM NCTC 49 49 59 9 9 CITY STAPP _ HR 1S POLICR 20 20 29 26 42 21 20 20 20 20 'i COURT CLRKK PROSICITI'OR MUNICIPAL COURT VISIONING CrTIZWS • 10 10 10 10 10 10 10 10 10 10 TOTAL 67 87 97 47 61 36 30 30 30 30 lillillil CITIZ=ha AND PATRONS OOIW TO HUMAN 239OURCOS, IMPOKMATION MnVICU, POLICS, COURT CLUO AND MUNICIPAL COURT, i September 13, 1994 lygn fM • c> • r V ALUCfTent H City of Denton City Council Minutes April 11, 1995 Page 18 Ageodatterr~._."... Date- NO. 95-078 AN ORDINANCE OF THE CITY OF DENTON, TEXAS RETAINING KATHERINE THOMS TO PROVIDE PART-TIME MUNICIPAL COURT PROSECUTORIAL SERVICES ON CERTAIN DATES BETWEEN APRIL 12, 1995 AND SEPTEMBER 29, 1995; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Millar "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. X. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Missouri Pacific Railroad Company regarding the exchange of certain property along the abandoned Dallas line between Prairie and Hickory Streets and the conveyance of a freight depot and certain railroad right-of-way for public parking and Rails-To Trails purposes. Mike Bucek, Acting City Attorney, stated that this item had been liscussed with Council at a number of meetings. With the rovement of the Human Resources Department and the Denton Municipal complex there was a need for more parking spaces. The City had been negotiating with the Railroad to use its surplus property in the area and to move the old depot located in the area. The negotiations had been completed and were a benefit to both organizations. The following ordinance was considered. NO. 95-079 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DEM'OM AND MISSOURI PACIFIC RAILROAD COMPANY REGARDING THE EXCHANGE OF • CERTAIN PROPERTY ALONG THE ABANDONED DALLAS LINE BETWEEN PRAIRIE AND HICKORY STREETS AND THE CONVEYANCE OF A FREIGHT DEPOT AND CERTAIN RAILROAD RIGHT-OF-WAY FOR PUBLIC PARKING AND RAILS-TO-TRAILS PURPOSES; AUTHORIZING THE EXPENDITURE OF M408 THEREFOR; AND PROVIDING AN EPPECTIVE DATE. Perry motioned, Smith 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. • 0 e p • • I AREA A NCYC DECAL PARKMIO 40 PARKINQ SPACES AREA E NCTC DECAL PARKING 74 PARKING SPACES AREA E POLICE/ 11 MU1NOVAL 'T L-T r T I T -r-r-l I 1' COURT PARKMIO • AREA C i! PARna SPACES NCTC DECAL Fr PARKWO AREA D ® CITY OP Ls c^ys I CITY OP DENTON "M.OYM DGi CITILN PANNO eKoQ e PARKING 100 PARKMIO MACIS ~ 101 PARKWO SPACES JULY 8,199 MINES NOW • 0 Y `,.,y S1AlT _'1F i"m' 'n {ri §i.6Y F )R Y I . . ~ I \1IPi)OCf\aD~NCI CNIEM 1~ tgen~ No ~itF ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO, ! TO AN AGREEMENT BETWEEN THE C".TY OF DENTON AND THE NORTH CENTRAL TEXAS COLLEGE (NCTC) FOR THE PURPOSE OF ALLOWING FOR THE CONSTRUCTION OF PARKING IMPROVEYMITS IN THE VICINITY OF NCTC CAMPUS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SEC ZON I. That the City Manager is hereby authorized to execute Amendment No. ! to an Agreement between the City of Denton and the North Central Texas College for the purpose of allowing for the construction of parking improvements ("Agreement"), a true and correct copy of which is attached hereto and incorporated by reference herein. SECTION II, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , l9S5. i BOB CAST Y, YO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMi HERBERT L. PROUTY CITY ATTORNEY BY: A, 9 C+S~'r i i,5,\l kt }riP ~ * 7e~ ) ,Sr 1 t . • • Late AMENDMENT NO. 1 TO THE LEASE BETWEEN THE CITY OF DENTON AND NORTH CENTRAL TEXAS COLLEGE (formerly Cooke County College) FOR CLASSROOM OFFICE SPACE IN THE DENTON MUNICIPAL COMPLEX (formerly the old Moore building) WHEREAS, increased enrollments at the North Central Texas College (NCTC) Denton Campus has created a need for additional parking facilities at such campus; and WHEREAS, the City of Denton (City) has obtained additional parking lease property from the Missouri Pacific Railroad in the vicinity of the Denton Municipal Complex (DMC) (601 E. Hickory) for the purpose of enlarging the parking facilities of NCTC and meeting future needs of the City= WHEREAS, NCTC and City desire to amend their existing lease dated June 2, 1992, to allow for the construction of parking improvements in the vicinity of NCTC campus= NOW THEREFORE, the parties agree: Section 1. That the terms and provisions of the lease between the City and NCTC of June 2, 1992, regarding the facilities referenced above, is hereby ruaendod so that the following designated sections shall hereafter read as follows A. That Section 2.04 of Article 11 entitled "Leased Property= Common Areas and Parking" shall hereafter read as followst 2.04 Parking Area. The City shall furnish to NCTC vehicular parking space for NCTC's employees, students, and guests. The City shall provide NCTC with a maximum of 110 decal parking spaces at a monthly cost of $833.33 ($10,000.00 annually), effective September 10 1995 through the end of this lease. The location of the designated parking may be changed from time to tine by the City on ' prior written notice to NCTC. The City may adopt and enforce written regulations regarding the user of the parking areas provided to NCTC. The City shall provide lighting for the parking area as agreed to by the parties. • B. That Sections 4.01 and 4.02 of Article rv entitled "Rentals and Payments" shall hereafter read as follows: 4.01 Beginning Rent. NCTC shall pay to the City monthly rentals (based on an annual rate of $7.00 per square foot) of $7,000.00 per month ($84,000.00 per year) through July 31, 1996 for • the leased property. In addition, NCTC shall pay to the City • • $833.33 per month ($10,000.00 annually) for 170 decal parking spaces. The parking payment shall continue through June 1, 2002. • 0 Y'aA .yI g R c Icy Nf.`f 7 OM('%' SS M, I + Pier 1 J • 5 u. ~ ; LI . n'lii R. Lr.. l .klfxi. r, u s ,.it Y.!bL ,t. M - Aga* NO Agenda lien! P...-.-.....-.._. Date 4.02 Adiusted Rental. Beginning on August 1, 1996, and to the and of the lease tiara, NCTC shall pay to the City monthly rentals (based on an annual rate of (7.50 per square foot) of $1,500.00 per month ($90,000.00 par year, for the leased property, section 2. That in all other respects, the taros and conditions of the Lease shall continue to be in full force and effect. EXECUTED on this the day of , 1995 CITY OF DENTON, TEXAS BY BOB OTLEBE Y, Y ATTEST: JENNIFER HALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM) HERBERT L. PROUTY, CITY ATTORNEY BY,le,4 NORTH CENTRAL TEXAS COLLEGE BY ,`~EfIT • ATTESTt BY SECRETARY PAGE 2 , . ~ ......~+.-.wnrw..._ i t 1 C Ste` • ~',x raj. 0 • w. • r f DENTON O0000 000 oo°~ 41 ooOti~ ~0 OO C? Ca D p © D Q O00 0000 o N , ~ oo°° aoonnnooo • ® CITY COUNCIL r • o h, ~7 to y'4 i , ApWN Ap* S. DA , loop CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: ORDINANCE APPROVING THE 1996 APPRAISAL ROLL RECOMMENDATION: Staff recommends approving the 1996 appraisal roll, SUMMARY: The approval of the appraisal roll is an annual process required by the Texas Property Tax Board. Council will also be required to approve the tax roll after the tax rate is set. The roll lists all the taxable property and values within the City limits for the 1996 tax year. For your review the roll was placed In the City Manager's Conference room on August 11, 1996. It will also be available at your August 16, 1996 council meeting. PROGRAMS . DEPARTMENTS OR GROUPS AFFECTED; All the General Fund departments that are supported by property tax revenue will be affected by the approval of the attached ordinance. FISCAL IMPACT: The total taxable value on the 1996 appraisal roll Is 91,991,941,976 Once the 1996-96 tax rate is approved, we will be able to calculate our 1996.96 tax levy Il.e., property tax revenue). These funds will be used to cover maintenance and operating expenses as well as our debt obligation. i Respectful) submitted, Lloyd V. Harrell City Manager cN.rJ~ eroe unke, Appro DYr Kathy Rae S FxeMM eS10! 4 4(A I~ AFFO,PIB r a` ~ r{ : e ~ r< i 1Rt ry~ O r d pEY • a~ • R:\WPDOCS\ORD\AP PRAIS. ROL, AAendaNo. _ ApdalteRl.-_._.. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1995 APPRAISAT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the 1995 Appraisal Roll of the City of Denton, Texas in the amount of $1,991,941,976.00 assessed valuation, based on the Certified Appraisal Roll as approved by the Appraisal Review Board of the Denton Central Appraisal District. SECTION II. 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 I 1 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY • BY: l • r . DENT ON oooQomou 000 a~ ~o n° o cl o c~ d ( ~ Q ~OdO O o oooa N ~ oooa aQOaaooo CITY COUNCIL r • • i i A .r cS- DATE; AugM4 -4, T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Consideration of Contract Between the City of Denton and Camp, Dresser, and McKee for Consulting Services Regarding Implementation of Storm Water Fees RECOMMENDATION: The Public Utility Board and staff recommends City Council approve the attached Engineering Services Contract (Exhibit I) between the City of Denton and Camp, Dresser, and McKee (CDM). The contract is for services regarding the development of storm water fees, The contract is not to exceed $50,000 and are to be paid from the City Manager's contingency fund. SUMMARY: As discussed at the City Council retreat and the July 25, 1995, City Council meeting, the Council requested staff to take steps which would allow for the implementation of a storm water fee by January 1, 1996, A j time line has been developed (Exhibit II) along with fee impacts (Exhibit 111) and proformas (Exhibit IV) for the period 1996 to 2000. Staff requested that CDM propose a method to structure storm water fees, CDM made their presentation at the July 31 at Public Utility Board (PUB) meeting. CDM presented preliminary rate information based on three different billing methods. For the initial billing period, it is expected that bills will be based on the following: 1 I. All single family r~;sidences and mobile homes will pay the same flat rate. 2. Staff will determine the total acreage for all other customers. 3. Impervious coefficients will be based on CDM's prior experience, • In the following years as actual impervious acreage is determined for all customers, the billing fees will be refined, It Is presently anticipated that • • the residential storm water fee will be in the range of $1.85 - $2.25/month. kk I I • ~.i ea4f' i ipr } l. . Agendaltelrl.,,,.~ F3ACKGROUND: The City Council created a citizens task force ~~,~~pyvaluate the n?or storm water utility in December 1990. The ir-Pi`C3Rtrtttt-was tc create such a utility. (See Exhibit V.) At that time, the City Council chose not to create a storm water utility. However, as a result of the Vision process, three Vision subcommittees recently recommended storm water fees be considered as a means to meet the drainage needs of Denton. As a result, staff researched possible fee arrangements and, because of CDM's expertise in the storm water area, discussed the possibility of obtaining CDM's professional services. The PUB has reviewed and recommended approval of the contract with CDM. The staff recommends that the PUB be involved In the development of the storm water fees so as to draw upon the knowledge they have developed from their past efforts with storm water fees, However, the public hearings on the final recommendations would be conducted by the City Council PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Citizens of Denton, Denton Municipal Utilities, and the General Government Fund. FISCAL IMPACT: The creation of a storm water fee could, if implemented by January 1996, provide for the funding of $9 million of CIP storm water projects m well as make available additional funds for other General Government functions in fiscal year 1996. The contract, not to exceed $50,000, will be funded from the City Manager's contingency fund. RESP UI1, S 1 D C-LI "d;. Harrell, City Manager 1 Prepared By: R.E. Nelson v Executive Director of Utilities I~ .'i~c' ijd a~ t(A~~+ A tfj y~~ils~Ai iEt'~~ti~~e1~4 i~'~ ~i 1~) , (Y • a • A"No ENGINEERING SERVICES AGREEMENT Apendaltem~ FOR STORMWATER UTILITY IMPLEMENTATION ASSISQ*ICE- STATE OF TEXAS COUNTY OF DENTON 4 THIS AGREEMENT is made and entered Into as of the ~ day of 1993, by and between the City of Denton, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, ("OWNER-') and Camp Dresser do McKee Inc., with its corporate office at One Cambridge Center, Cambridge, Middlesex County, hiassachusntts 02142, hereinafter called the ("ENGINEER") acting herein, by and through its representative, duly authorized so to act for and in behalf of old ENGINEER. WIT NESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ABTI= EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to j follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the section to follow, The eroject shall include stormwater utility Implementation assistance. The ENGINEER agrees to exercise the same degree of care, skill and diligence in the performance of these 1 services as is ordinarily provided by a professional consultant under similar circumstances. Page 1 of 17 457.0450 EXHIBIT fi . .a. ..,....„.,..„.,..a,ia Lssh,+lr.aa rrta:4:>:~4tro@RNl$'flU`1,` ~gendaNo ARTICI P ti tgendalferR~ PERIOD ON SERVICE This Agreement shall become effective upon execution by the OWNER std the ENGINEER and shall remain to force for the period which may reasonably be required for the completion of the Project, Including Additional Services and any required extensions approved by the OWNER. ARTICLE III BASIC ENGINEERING SERVICES The ENGINEER shall render the following professional services for development of the PROJECT: Upon execution of this Agreement, the ENGINEER shall perform the following basic engineering services: Stormwater Utility Implementation Assistance TASK 1 EVALUATE AVAILABLE DATA RESOURCES AND UTILITY BILLING SYSTEM REQUIREMENTS ENGINEER will coordinate with OWNER to evaluate available data reources for development of stormwater utility billing system account information required to assign utility fees to land parcels. The following data resources will be evaluated; • • Existing utility billing system customer data • Aerial photographs Planimetric maps Tax plat maps Page 2 of 17 457-0450 q~ • t+~daNo~ w • City GIS graphics/data Ga1B_ • U.S. Census Bureau data ENGINEER will advise OWNER on the use of available data resources to support the development of stormwater utility customer account billing data, ENGINEER will coordinate with OWNER to establish the utllity billing system data management requirements necessary to accommodate billings for the stormwater utility, TASK 2 STORMWATER UTILITY CUSTOMER DATA COMPILATION AND CUSTOMER BILLING RATE DETERMINATION ENGINEER will develop an implementation schedule to be followed by OWNER to meet the January 1, 1995 stormwater utility billing implementation date. The schedule will specify milestones and completion dates. ENGINEER will advise OWNER on procedures to be followed by OWNER for the compilation i of land parcel specific data for input to stormwater utility customer accounts. This will include training of City staff on use and interpretation of available data resources and on field data collection/verification procedures. ENGINEER will provide a spreadsheet template to OWNER for customer data compilation for transfer Into the utility billing system. ENGINEER will review previous studies conducted by OWNER on the development and .o implementation of a stormwater utility. ENGINEER will advise OWNER on the use of available national urban land parcel impervious area data resources to support the development of a residential billing unit basis for the City of Denton. ENGINEER will also review stormwater utility revenue projection/customer billing rates models developed by OWNER. ENGINEER will advise OWNER on alternative revenue projection methodologies which may be more accurate, Page 3 of 17 457.0450 B e ~gtmdllMo OWNER is responsible for the conduct of all City of Denton specific lap and compilation activities, and for all utility billing system customer data input activities, TASK 3 STORMWATER UTILITY DECLARATION AND FEE ORDINANCBS ENGINEER will assist OWNER In the development orJinatce language appropriate for Implementation of a stormwater utility for the City of Denton consistent with the requirements of the Texas Municipal Drainage Utility Systems Act (Texas Local Govemment Code, Subehapw C. Chapter 402). ENGINEER will provide draft language which addresses the following Issues: • Utility revenue enterprise fund management UtIlity declaration/service area • Customer class definitions • Fee basis and calculation 9 Fee adjustments • Fee exemptions Customer appeals procedures Recovery of non payment of fees OWNER is responsible for finalWng ordinances and providing any legal services, TASK 4 MEETINGS AND PRESENTATIONS ENGINEER will conduct a project initiation workshop with key Clty of Denton personnel to describe the activities which must be completed by OWNER, provide Initial guidance for the activities to be completed by OWNER, to coordinate with the OWNER on the evaluation of available data resources and to present the project work schedule. I e , ~ e Page 4 of 17 457-0450 r Venda No. _ ageadalter2,~r,--~. ENGINEER will meet with OWNER for six (6) hours up to eight (8) times during project duration to provide on-site consultation assistance. ENGINEER will provide up to 40 hours of telephone consultation, t ENGINEER will attend up to four (4) public meeting0earings assocWed with the adoption of the utility declaration and fee ordinances. ENGINEER will prepare presentation graphics and be available to make oral presentations at these meetings/beatings. OWNER is responsible for organlzing public meedngs/hearings. ARTICLE IV ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in me above described basic services, are described as follows: i A. Refinement of stormwater udlity rate policy and customer billing rates. B. Stormwater udlity budget planning and covenant documentation for revenue bond financing of drainage system facility improvements. C. Regulatory Assistance, During the course of the project, as requested by OWNER personnel, the ENGINEER will be available to accompany OWNER personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental • Protection Agency, or other regulatory agencies. The ENGINEER will assist OWNER personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. Page 5 of 17 457.0450 t { , 0 0 -111~h I Ago* No. - D, Assisting OWNER or Contractor In the dafense or prosecution of AllafiSfl'triti'wMthm with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respecdve parties outside of and in addition to this Agreement E. Sampling, testing or analysis beyond that specifically included in Basic Services. P. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings snd expense statements, feasibility studies, appraisals, evaluations, assessment schedules, aid material audits or inventories required for certification of force account consbv don performed by the OWNER, G. Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system. H. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 1. Appearing before regulatory agencies or courts as an expert witrtess in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, Including the preparation of engineering data and reports for assistance to the OWNER. J. Providing geotechnical investigations for the site including soil borings, related analyses and recommendatlnus. K. Any additional services required by the OWNER not included in Basic Services. • e Page 6 of 17 457.0450 , • AgstndeNO Agendal IetR,........-_..- ARTICL : V Date - RESPONSIBILITIES OF OWNER The OWNER shall do the following in a timely manner so as not to unreasonably delay the services of the ENGINEER, A. Designate in writing a person to act as the OWNER'S representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define the OWNER's policies and decisions with respect to the ENGINEER's services for the Project. B. Shall consult with the ENGINEER regarding requirement for the Project, including (1) the OWNER's contemplated objectives and (2) schedule and design constraints and criteria. C. OWNER is responsible for the conduct of all City of Denton-specific land parcel data collection and compilation activities, and for the conduct of all utility billing system customer data input activities. D, Assist the ENGINEER by placing at the ENGINEER's disposal all available Information pertinent to the Project including previous reports and any other data relative to the Project. E. Arrange for access to, and make all provisions for the ENGINEER to enter upon, pub Ic and private property as required for the ENGINEER to perform ;ervices under tl is Agreement. r i F. Examine all studies, reports, ske.: hes, drawings, specifications, proposals and other 0 documents presented by the ENGINEER, obtain on the OWNER's behalf advice of an Page 7 of 17 457-0450 j 0 0 }r: , ~ It}~.'j .}°nl,+~•.34 ~.i 5 r . v_„e » r1 1r 1. 10flds No Igendslte attorney, insurance counselor and other consultants as the OWNER ~eema appreptissa Eoc such examination and render In writing decisions pertaining thereto withLi a reasonable time so as not to unreasonably delay the services of the ENGINEER. 0. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. N. The OWNER shall make or arrange to have made all subsurface Investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. The OWNER shall also make or arrange to have made Use Interpretations of data and reports resulting from such investigations, All costs associated with such investigations shall be paid by the OWNER, I, The OWNER shall make or arrange to have made all material testing and sampling required for the project. All costs associated with such testing and sampling shall be paid by the OWNER. 1. Obtain as necessary for OWNER's benefit, and at OWNER's sole discretion such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the OWNER may require with regard to legal issues pertaining to the Project, including any that may be raised by the CONTRACTOR(S). • K. Give prompt written notice to the ENGINEER whenever the OWNER observes or J otherwise becomes aware of any development that affocts the scope or timing of the ENGINEER's services, or any defect or nonconformance of the work of any contractor. Page 8 cf 17 457-0450 X11{ • m • p4gWaaNo L. Provide transportation such as airline Fare, automobile rental or sub ''li,gAt%ftWttor~ :hr UW'NER's personnel to attend project meetings or Inspection specdon traps, . M. Bear all costs incident to compliance with the requirements of this Article V. ARTICLE I COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as the expense that is incurred by the ENGINEER in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, and similar services, 2. "Direct Non-Labor Fxpense" is defined as that expense for any assignmenc Incurred by the ENGINEER for snpplies, transportation and equipment, travel, cr,mmunleadons, subsistence and lodging away from home and similar Incidentals In connection with that assignment B. BASIC SERVICES: For and in consideration of Stormwater Utility Implementation AsMstance services of the Basic Services (Article Ill) to be rendered by the ENGINEER, the OWNER agrees to pay based on the Cost F.stlmate Detail shown in Exhibit A, with the total lump sum fee of • $46,840. Partial payments to the ENGINEER will be made on the basis of monthly statements rendered to and approved by the OWNER; however, under no circumstances shall any monthly • statement for services exceed the value of work performed at the time a statement is rendered. • • i Page 9 of 17 457-1450 0 Ilk • AgertdaNo~.,,._ Agenda! terq.,.__...._,_.w, _ The OWNER may withhold the final 5 percent of the contract amount ufl&ampletion of the project, r' Nothing contained In this article shall require the City to pay for any work which Is unsatisfactory as reasonably determined by the Executive Director of Utilities or which is not submitted in compliance with the terms of this Contract. The City shall not be required to make any payments to the ENGINEER when the ENGINEER is in default under this Contract. 11 is specifically understood and agreed that the ENGINEER shall not be authorized to undertake any work pursuant to this Agreement which would require addidonal payments by the OWNER for any charge, expense or reimbursement above the maximum fee as stated without having first obtained written authorization from the OWNER, ENGINEER shall not proceed to perform the services listed in Article IV Additional Services, without obtaining prior written authorization from OWNER. C. ADDITIONAL SERVICES For additional services authorized in writing by the OWNER In Article IV, the ENGINEER shall be paid based on the Schedule of Charges shown in Exhibit A, Payments for additional services shall be due and payable upon submission by the ENGINEER. Statements shall not be submitted more frequently than monthly. D. PAYMENT • If the OWNER falls to make payments due the ENGINEER for services and expenses within I sixty (60) days after receipt of the ENGINEER's statement therefore, the amounts due the ] ENGINEER will be increased at the rate of 1 percent (t%) per month from said sixtiuth • (60th) day, and In addition, th., ENGINEER may, after giving seven (7) days' written notice Page 10 of 17 457.0450 • A • r ran to the OWNER, suspend services under this Agreement until the ENGINEER has been paid in full all amounts due for services, expenses and charges. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the ENGINEER's compensation. ARTICL_F VLI OBSERVATION AND REVIEW OF THE WORK The ENGINEER will exercise reasonable care grid due diligence in discovering and promptly reporting to the OWNER any drfects or deflsl~ncies in the work of the CONTRACTOR or any subcontractors. However, the CONTRACTOR will remain an independent contractor of the OWNER, and the ENGINEER does not guarantee the performance of such construction contracts. The ENGINEER shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the CONTRACTOR, or the safety precautions and programs incident to the work of the CONTRACTOR. ARTICLE VIII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are Instruntents of service and ENGINEER shall retain an ownership and property Interest herein. The OWNER may make and retain copies { for information and reference; however, such documents are not intended or represented to be + suitable for reuse by the OWNER or others. Any reuse by the OWNER without written f verification or adaptation by the ENGINEER will be at the OWNER's sole risk and without liability or legal exposure to the ENGINEER, or to the ENGINEER's Independent associates or consultants, and the OWNER shall indemnify and hold harmless the ENGINEER and ENGINFER's independent associates and consultants from all claims, damages, losses and • expenses, including attorneys fees arising out of or resulting therefrom, Any such verification • • J Page II of 17 457-0450 • p • gendaNo or at aptation will entitle the ENGINEER to further compensation at des to be speed upon by the I)WNER and the ENGINEER. ARTICLE 1X INDEMNITY AGREEMENT The ENGINEER shall indemnify and save harmless the OWNER and Its officers, agents, and employees from the liability of the OWNER on account of any injuries or damages received or sustaintA by any person or persons or property, including court costa and reasonable attorneys fees Incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. A TI - .13 X INSURANCE During the performance of the Services under this Agreement, ENGINEER shall maintain the j following insurance and shall name OWNER as an additional insured on all such policies; I 1 A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than l $100,000 in the aggregate. • B, Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident, r Page 12 of I? 451.0450 • 0 q .1 'y4 r r n t t n AovdalSent,....... - C. Worker's Compensation Insurance in accordance with 6tatUtoDr3y Tejo ment8 W Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. The ENGINEER shall furnish insurance certificates to evidence such coverages. The certificates shall contain a provision that such insurance shag not be canceled without 30 days prior written notice to OWNER, , ARTICLE a ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without the otter's approval, ARTICLE )L 'rERMINATION OF CONTRACT This Agreement may be tenninated by either party upon thirty (30) days' written notice. In the event of any termination, the ENGINEER will be paid for all services properly tandem and reimbursable expenses incurred to the date of termination and, in addition, all. reimbursable expenses directly attributable to termination, Should the City subsequently contract with a new Consultant for continuation of services on the Protect, the ENGINEER shall cooperate in providing information, • Page 13 of 11 457.0450 + t a ` P G ti~ `r8 a > ~ • • x ~~sas {io~r$Y~~t{€tt~;11*~ C*tt~l°E r ,S' ti r teriaak ~gondalte ARTICLE,= ?at6 - SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of the OWNER and the ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or Interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the outer, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor horn any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENG OM from employing such Independent associates and consultants as the ENGINEER may deem appropriate to assist in the performance of services hereunder. Nothing under this Agreement shall be construed to give any tights or benefits in this Agreement to anyone other than the OWNER and the ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party, This Agreement, consisting of pages I to 15 with Exhibits as listed in Article XVI, constitutes the entire 0 Agreement between the OWNER and the ENGINEER and supersedes all prior written or oral understandings: This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. o ~ ~ 1M Page 14 of 17 457-0450 s M S itir'yk ''~~a r i g" f• ' Are f t'i?~`'s i t'i'• d•rY % L Ap WaNo. w Dote - ABTICLB..~EV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the•reaponsibility and liability of the ENGINEER, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the C ity for any defect in the design or other work prepared by the ENGINEER, its employees, subcontractors, agents, and consultants. ARTICLE XY NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same In the United States mail at the addresses shown below, certified mail, re turn receipt requested unless and until either party Is otherwise notifled In writing by the tether party at the following addresses, Mailed notices shall be deemed communicated as of three days mailing, If intended for she OWNER, to; If intended for the ENGINEER, to: City of Denton Camp Dresser do McKee Inc. Attn: Robert E. Nelson, P.E. Attn: George E. Oswald, P,E. Executive Director for Utilities 8911 Capital of Texas Highway, Suite 4240 215 East McKinney Street Austin, TX 78759 Denton, TX 76261 ARTICLE XVI ~ i A. The following exhibits are attached to and made a part of this Agreement: EXHIBIT A - Cost Estimate Detail Page 15 of 17 457.0450 1 g' r, ~ r'~✓. Vi " fy4~ ~ off ~ i w~ V.n J ' ~p~MaNo .Agendal tent,.---.-.---------- B, A waiver by either the ENGINEER e; the City of any breach of apro ono is contract shall not be binding upon the waiving party unless such waiver is in writing in the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or future breach, C. Upon termination of this Agreement, ENGINEER shall provide OWNER with reproducible copies of all completed or partially completed engineering documents prepared under this AGREEMENT. D. ENGINEER agrees that OWNER shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly perthient books, documents, papers and records of the ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that OWNER shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. OWNER shall give ENGINEER reasonable advance notice of intended audits. H. Venue of any suit or cause of action under this Agreement shall Be in Denton County, Texas. 3 +i+ i • Page 16 of 17 457-0450 ` i ,r ;Sh'`hj •,E ~~~Vte~d,Ji. ~R;t,(dfi. A d at ~ { 1 R.: ~'k SS4 ~'t''n ate' ~d7fr~g' 1;ts 1 i r': •A e..pil~ r , iY 4.:.'r .r' Yo, r .,(_r _ . .ur.ovr.n.rww ••44nM1eMSr1Y61YD19~~d~~l\q~~t AW4 No dB~MIfL.- This contract is executed in four counterparts, CQtB CITY OF DENTON, TEXAS Bob Castle", Mayor ATTEST; Jennifer Walters, City Secretary 5 by, APPROVED AS TO LEGAL FORM; City Attorney by: CAMP DRESSER MCKEE INC. (TRichw. Sawey, •E., ice Priddent WI ESS; i i Page 17 of 17 457-0450 `~G~~1ryb~:~ ' 3 f.r•,»~a4Y-~Ke~,~ y'~. yb ~A4F[~7r Ct'L`a?r Y''x` Y. It~~ 3~s 1 V~{r ~t4.M 7I1t?~ L AQIfIdBtYG` - .n.r , Date__ EXHIBIT A COST ESTIMATE DETAIL Task Hours Labor Cat 1 Evaluate Available Iota Resources & Utility 48 $4.940 Billing System Requirements 2 Stuanwater Uddty Customer Data 122 $11,793 Compilation & Customer Billing Rate Detes insdon 3 Stoan water Uddty Declaradon & Fee 46 $3,510 Ordinances 4 Meetings & Pmaentatlons 200 $20.070 416 $42,313 Dina Non Gabor Expense: Auto Rental 15 Days ® $50/day $730 Air Fare, 17 Round Trips Atledn - Dallas pc $165 $2903 i oVng(Per Diem 7 Days ® $80 $360 Telecommunlcadons/Coples/Supplies $410 $4,523 Total Cosr $46,840 1 4e, a t i-+` ,fly e:. 1 ✓ {t f 7 ~ , ~ llr a • Apert4aMo, 1996 BOND ELECTION aAendalierr~,____ _ AND DRAINAGE FEE TIME TABLE Jul. 18, 1996 City Council passes resolution creating a Specie! Citizens Advisory Committee for the Capital Improvement Program, Aug. 16 Drainage fee consultant hired. Aug. 16-Sept, 6 City Council appoints 60 member citizen committee. Sept. 14 First Blue Ribbon CIP Committee meeting; sub-committees appointed. Sept. 14-Nov, 30 Sub-committees collect facts, meet with citizen groups, study needs. Oct 17,24,31 Public Hearings on drainage fee. Dec. 1 Sub-committee reports forwarded to Blue Ribbon Committee Chairperson. Dec. 6 Sub-committee chairs and Blue Ribbon Chair reduce project list and finalize proposed projects for each year. Dec. 11 Full Blue Ribbon CIP Committee votes on approval of final CIP list. Dec. 13 Planning and Toning Commission votes on approval of Blue Ribbon CIP Committee report of five year plan. Dec. 13 Council adopts drainage fee ordinance & set rates. Jan. 1, 1936 Initiate drairage fee billing. Jan, 2 City Council receives the Slue Ribbon CIP Committee report of five year plan, • Jan. 9 City Council holds a public haarinr, on the proposed CIP recommendations. Jan. 16 City Council passes an ordinance calling for a bond election on February 24'h. • Jan. 29 Press conference held. Feb. 24 Capital Improvement Bond election held, EXHIBIT it r • w • • $900,000 Debt Service f"r Capital Project Revenue Bonds 4o Odd! No Payment of Existing Debt Service WORKING P11PER3 6YLY 1% lose UPDATE 011LAWA SAWTOF 1111NOII1 Pt! 61IE1f10 M noss.4 FAMILY $121 0.36 1010E 0696,cwxo t0,p1 10,117 4!77,404 1261,601 0976,411 044111 1605 w N010E 06 0.011 100 0% A3E0 1,070 W390 610.901 $401"" No 6161'!1]1 0 4.06 0 to "A 0 M w so if r MULTI FA606.Y ME 0.7$ 461 N0A404N11 0,116 SAM 6110,400 6116,766 $126,600 664,664 RESIDENTIAL 044%TI4 6440,900 0440,006 $607,094 COMMIETAL 700 040 MS SM.0e49O 7.104 106000 $194661 4161.746 $101,711` 6170690 OFFICE 176 0.00 166 1,976 2.601 $10.617 616,•16 iI 9IOIISTRIAL 101 0.70 IM TIM 0,77 9147,764 6146,60E 0140,491 PVJW #AVftftFAM A 01060.914900 $146,610 BUSINESS 1540,06 6361,290 $3!1,!00 $117,440 6rSTT(UTI0000 1001 400 )CM 26 0.90 0 77 106 6t,I7E 611,674 $1,672 0OUNTY 99 0,26 6 106 190 14106 61112 $9,107 900 0,26 70 040 112" 01410 110,406 $19.402 416 0A6 104 1,101 1,740 IM364 ~6,6M {61,691 770 0126 M 640 1,11! 07,146 617,276 $17,160 ATE SC/IQOL 260 0.76 M 770 1,00 PISM0 $16100 01619N ATE 26 On 6 76 100 MAN 611600 61,601 • 90 0.26 6 M 10 04.111111 61.000 VA" UIIGIES 960 0.26 A 776 1100 1/6,•61 61$,06 016,eN INSTITUTIONS „ 6101,01 6100,447 0101,1$44 MK M FMIrJ 626 0.00 X VAONIT 0611 0.00 61.21604146 1 0 TRANSPORTAPON 1400 0.00 ® AOIMCULTURAL 0 0.00 640e44$► 7 m 20.1v 1 • NTY ue - ravwu AMNU,LL Doha. M MdRWM s Aar 1000.0 _ Y IOU - MKU FAMV wn uwrLL CHAINS M wU 410.41 _ =1.11 611 S7 ~ 1.71 v w -swlvA"w ~1orn1,LL UrrT MMALL OMAN L.w 9117 f 19ETe116A + • 4 udOt Service for Capital Project Revenue Sonde $440,000 O&M } $221,000 Existing Debt Service WORKING PAPERS JWV a% 16SS UPDATE 1IELAWA O1►AOT aF tiM111DUS FEE VffnMe SNOW FAMILY atat 936 106! Moo" Now an 0.00 IN 14N4 mm y, i4HA1i NMM4IA t Dun" a a. o ton $St lq i70 i41 sm.wm +7~MQ ~'QMT1 FOAMY on aN 0 $0 i70.s00 MIS $6 s0 RESIDENTIAL tole, to, fMH,i46 3a16,1M $!16,160 61N,706 oTICE 17$ 0.60 an $N1,O66,6N 67NN,004 i774,ss! i774,OS 0.60 IN 7,M4 IO 6616 iss0, 66• WDUIrrmAL 3 ~x~nwio 411 a7o so 1,616 aNl Sft4ft NI060,N7 SM me sm.3 a $166SN6ln 7,311 6,7N ~6l7! i$IS p0,4M BUSINESS Saab $aa4,2N rivM4fT1T~1061s 1001 400 i6o4,sas i60s,!!6 is0a,*14 as 0.26 6 i560,667 33 303 o a6 7r t~ 13N6 6R7a6 N Tat 416 man ft"4 LITAYE HOOL O.as t00 1.961 1,7401 Oaks" $ft 270 200 O.DI p 60 Mug 1.120i46.ON 1.106 $66 a7o a0 an a 776 042 $N,s71 { S 6 » 106 M.7sa 6g 1l7 IN ft ,7N $!7 !6,,747 ?DO am to 760 f 1INSTITUTIONS N 77M I'~ $d~j ISaDO N3M 6a1,7N $0,747 FARM 926 aoo i1s6,3li 117 7 ~ i177ss4 4041 0.00 Ag111016LT{71NL 3436 0.00 0141446,146 0 a00 i~_ Ka61sp it 1 ® w "°11100 errsuc owos nos S w - rraca+wWr vMrr ME rsvwu ~ISnat O11MGr !r wu isNaXN1i asU - 50MAuMR S!la~fn~c UM ns wMOa ~ su MMt6 N ✓ _ S:a tapm"A !!t • • • $9000000 Dept Service for Capital Project Revenue Bonds ) $440,000 0&M WORKING PAPERS No Payment of Existing Dept Service Asia,14" L"OITE W OOAGTOF I- M P ig~ tMM1IIIIII0@0M $1N1 w MAINLY 3121 on 100! IMR2Mr>r 1><004 10017 M12 f7& 1wfltb HOME 21t 0.00 1M NM N1•f2s M14st0 Mfs,sM 1 2.70 27o&t4 sbM7 oU►Lex • 0.36 o NM WOMB NM o b b b X~YULT1 FAYILV an 0.70 461 {tsa1~101 0,110 afa 814s,M4 41a,M& 4/nao2 419&.80 I RI:fIDENTIAL 0006,074 "".461 0004,&06 07&0,600 COYWI 70t :1000, ~ M11,OM,4M 7.&01 OFFICE ICE 170 1M 1AM ~ 2!10017 ONOab 091 AM 11104.MS MIDUBTTMAL ql 0,70 so 4b,o0s sb,4M 1110,476 afw~fou,ar~aatAUOra 0111414 MI 4M6'no 22l1,4M Ml1,M7 f U01NE as 1218•917 MMOTI71lTION9 1601 pp 0416,004 0&!!,077 0&!2,019 4472,048 TY 38 0.22 6 0 n too 11111i 106sµ 08441 M 0.91 74 140 24121 21 JAA 0! 100 0111 0:221 104 I'm 1, 01 1w 4a Sam? 640 t,1M bM 2M,M/7 a TATE SCHOOL ago 0.91 q 114 Loo 2!0,7!1 214,721 1 TATE ! 0.21 4 70 100 SUAIS EDERAL a0 0.21 • M IM 24471 U11C11ES 910 0.2 q 744 1,00 24M4 • INSTITUTIONS Iggft iff,sl► 0141,401 21f2,sff $162,0la PARIM so 0.00 40 VACANT 1641 0.00 4/M 0041M TRANMOWATWN 34" 0,00 AMIICULTURAL 0 0.00 $"MAW 41~ TMOTAL • MY - irrvwu AfMAK C A•M Ilia IfalAtol, nos gM.i2 M! - 2111111 FAYaY Lo AMML mol M OU ' 700 " 111M -M"ALOfT a D@NTUL UM AIMNL OWOr m MU own s.11I$ 1MTMM • O , - SQL 'i r r 2~ k 3 *DF WNM E • AgandaNo, ACTUAL BUDGET ESTIMATE BUDGET Fy AAentlake c Ey 11194 Im 1005 to" 1491 02tE1444 IWO 2~0 1 SWgW FanWy Cus wnm 0 0 0 13.073 14,I$7 14,447 14,743 15.040 2 Mobw Home Customen 0 0 0 2.368 2,416 2AM 2151s 2.006 3 Mu15 Fan* Imp. Acme 0 0 0 601 511 on 530 543 4 C wronaroYl Imp, A"" 0 0 0 1,40t 1,400 1,4116 IAN 1,810 5lnetbft Imp. Awn 0 0 0 410 4t$ 427 406 445 s t kVW Fan oy $ 1 Month $120 $1 is it An $1 AN $2.47 7 DOW $1Imp Acre/Magid $18.00 $17.16 ss0.24 "01.115 430.80 cowlillillol Sm"m 6 Redder- so $0 so $243 s37s $467 $sss $724 4 Cotletlerow 0 0 0 166 244 354 481 562 to lrlslAr9onal 0 0 0 56 43 104 126 164 11 Ad Vaicnrn Tax 4 4 0 In 4 4 4 0 12 s0 s0 60 $064 $760 Ws $1,114 $1,450 g61ar Aararrsaa 13 0 0 0 0 0 0 0 0 14 0 0 0 0 0 0 0 0 15 0 0 0 0 0 0 0 0 1s Ald in COnMY01bn 17 Total Op6nInp 6 Oster s0 s0 s0 4664 $760 $616 $1,014 $1,480 is psyros $176 $164 $179 $210 $249 $266 $380 $374 16 lsuppin 1s 21 21 26 20 31 39 34 20 MsInIM-1 a e7 40 49 54 97 b 96 Its 21 asrvioea as 100 103 100 145 174 200 251 22Innautea 0 0 0 0 0 0 1 1 23 Blndry 0 0 0 0 0 0 0 0 ' 14 05rr o 0 0 0 0 0 0 0 5 Brae Dahl 0 0 0 3 4 6 6 7 Aid in Connuctlon Q 0 0 0 0 O 0 0 17 Adn* abWft Trartslars 0 0 0 33 06 as 37 30 29 Capkkmd Expanse 0 0 0 O 0 0 0 0 Dowecistion 3300 Totw Oparatlnp Expenses $327 Sm $36 9 "$1 $612 s m .00110 !7 NcncOetstina iltlwx+M i~ e~rwel , 31 aperotr,q lnlenM 0 0 0 0 0 0 0 0 32 Non-Oyrer" Interest 0 0 0 0 30 s6 37 72 33 Transfers In 0 0 0 0 0 0 0 0 35 Debt Issuance Expanse 0 0 0 (1 0 (12 0444) ( (6m5 36 Other 0 0 0 0 0 0 0 0 37 Other 0 0 0 0 0 0 0 0 ' 0 4 4 ? 9 Total Nonop (Pavew+e) Ex; $0 $0 $0 ($143) t$123) (s167) ($245) (f060) Op*MN Trans fers (00) 40 Return on Invesbrlent 0 0 0 0 0 0 0 0 41 Other Transfer 0 0 0 0 4 0 0 0 42 Total Transfer Ou o 0 0 0 0 0 0 0 43 Net Income No mw ( Ed Lm WE an w 44 Tow 000 Wp a Gem ft o so $0 so 9864 $760 $916 $1,114 41,450 ' ~ ~ 45 Nonoperal" Revenue 0 0 0 0 OQ ¢4 72 4 6 Total Revenue $o $0 $o $644 $"00 4374 $1,181 $1,522 47 Total Cash Expenses 6327 $35.1 $353 $864 $iio $915 81,114 $1,450 18 Fixed Assets 0 0 0 6 3 3 3 3 t Debt Princ"t 0 0 0 78 75 0-1 11 194 50 Cash Net Income a {53531 & Q lu tv e, ?I" EXHIBIT IV O f 1~1 ~S i .1~Il~r Y~1~iQY>li~lt lF'',il r h. . r-- w - • r.l rVCi r•, ..-..,..ee~.n,.,.iwen •nxsiA.eMlti~ai~r: DPAWAl4E POPWafto Gr wth 2,00% 2.60% singl* }ivY CuCuomo" NO alOrlfara co@Wr " 040% 0.00% 4.14% 4.14% hk40 x'a A O.JO% 0.0% 4.14% 4,14% COMWW" MP, Aaft ~ 0.00% 0.00% 4.14% 4.14% 4.14% )O*U IRV. A*M 0.00% 0.00% 4,14% 4.14% 4,14% 0.00% 0100% 4.14% 4.14% 4.14% Rome C&MWawwf0w 0.00% 0.00% 0.00% 0.00% 0100% CO""" klawUlorw 0.00% 0.00% 0.00% 0.00% 0.00% Ad VWw m To 0.00% 0.00% 0,00% 0.00 0.00% 0100% 0.00% 0.00% 0.00% 0100% CAM 14.401 00.61x% 21,76% 60,10% 4.00% 16.'6% 16.07% 14.40% 16,00% mok" me a.00% 100% 6.00% &On 0.00% 8 "1 6.00% 60.00% 60.00% MAN 20.00% kowm a 0.00% 60.00% 60.00% no0% 2o,00% "Ally 4.00% 4.00% 4.00% 4.00% 4.00% CMrr 0.00% 01" 0,0006 0100% 0.00% sad oast 0.00% 0.00% 0.00% 0,00% 0.00% Aid in C6t1Mr1 coM 0100% 14.401 40.001 21,70% 60,101 EapNw 0.00% 0.00% 0.00% 0.00% 0.00% Cq*dnd 4.00% 4100% 4.00% 4.00% 4.00% ORWWW" 0.00% 0.00% 0.00% 0.00% 0.00% ToW Cpoo tp 0100% 0.00% 0100% 0.00% O,OOr 26.70% 17117% 4,66% 4.8`1% 4.6 • } N fflj y e~~TiTI`'[5! .a Gh ~ 4Wum . N a QPAWAW ~ryo Buppkmw" Pat14YM (plopal°4) 1~p4 ,rye 7oW Packages 4104 Fur BuppOn 6,00 4,MWe 7,4" MrndnWWa 41700 6414 6.900 4,167 4,414 e044 M&*tww a 000 914 04 s7° 11012 460 SWAM 44,422 61,00 0,5114 66,014 47014 9110 Fond AMr° 4.000 61010 4,121 0.241 e,310 1 Brrow ONch i C &W M°N amanco W04 "a mair"Malwo FF 2.700 2,714 2.609 2,991 0.016 6444 2,700 2,764 2.909 2,991 4,00° Mavdwwm 600 009 0,12 094 447 6604 hn!AM 16,097 !9,194 0,114 97,979 30,063 9110 Fiord AsMb 0.000 0.00 0.11t 0.249 4,074 2 1! pov Cuom w Rsgwr i DMmed Raponw P4bksps 1104 100 919 on 979 1,012 042 00 We 492 919 900 014 400 409 612 1181 027 009 7404 7.10 4,111 0,440 4.764 9,110 0 0 0 0 0 4104 4,000 0.090 4121 3.90 41474 44M 2,200 2,914 2.269 2,20 2.476 °S~ 000 40 Oil 424 07 00 17,84° 17,00 14,250 14,90 191746 silo 6.000 0 0 0 0 r IIi i 1 a I'll A. r 4 .5 r .tt a w • DRAWAGE - CAPITAL 6APROVEMENT PROGRAM COST AgettdaNe agendailert~.,M~ Curr*nt Date Ism '1 ~ nn Y 1006 0 0 0 0 0 10M 0 0 0 0 n 1007 702 Too 0 0 : 1000 1 Xo 1,600 0 0 0 1000 tow 11000 0 0 0 2000 Lvi L20Z 4 4 4 61 70S 5,781 0 0 DRANMGE DEBT / EOWTY FY &Win Q& SWAN EnuIM 4EkS ~I 1000 0 0.00 0.00 1007 0 0.00 0.00 1000 0 0.00 0.00 1000 0 0.00 0.00 2000 0 0,00 0.00 • i t j x b ~ fib` ~..5s 4~ ~r~L M~1•r~Y,~l Y~~~~~ f 1' + ~ { W ili v.... .l Y...r• ei iY vI'V'ANhiMiMllvl{~, .~.d ~I'~i)i'I DRAINAGE BOND FUND BALANCE NgendaNo. - - Agendaitem Prior C~ ^ - FY Bs9klnNp Bonds Bonds Bonds ~dM19 1004 0 0 0 0 0 0 0 1006 0 0 O 0 0 0 0 1006 0 0 0 0 0 0 0 1007 0 1,000 1.000 0 70D 30 380 1006 330 1.760 2,000 0 1.606 0• 881 Ion $31 1.000 1.381 0 1.000 37 000 2000 302 2.200 21602 0 2XT 72 367 2001 307 100 407 0 0 f0 477 DRAMIAGE DEBT PAYMENTB Pd x*M A Inlsrsst Bond % FY FY FY FY FY FY um M1 1"5 im Im 8011" All PrlW 1 Act 3o7 221 208 too 142 267 10" 0 0 0 0 0 0 0 1900 0 0 0 0 0 0 O 1991 0 0 0 0 0 0 0 1002 0 0 0 0 0 0 0 1903 0 0 0 0 0 0 0 1004 0 0 0 0 0 0 0 logs 0 0 0 0 0 0 0 1906 0 0 0 0 0 0 0 log? 1,000 6.5% 0 0 0 es 64 82 1 y006 1,750 6.5% 0 0 0 0 140 148 1000 1.000 6.6% 0 0 0 0 0 66 2000 2,200 6.5% 0 0 0 0 0 0 2001 Vg00 6.5% o o Q 4 4 c TOTAL $6,050 0357 $221 {203 0253 1374 5571 $357 $221 0203 $268 5574 1071 1 [ J 7 I a ~~t~ f ~'f 1~i ~~i ~<f+•~[R G~~il } x } On 3 eJ S . I r AQ~1~ DRAMM E COST ANALYSIS Percentage of Acme] Expenses Total Cash Expenses 0001 $760 ,460 r~`r Psy~ 31.06% 32,70% 31.60% 20.0011 20.71% suppme 4.21% 3.a% 3.2M 2.90% 2ra1% Mah"wiUloe $141% 0.61% &"W 0.110% 7.004 11MdeM 16.2% 10.18% 19.07% 10.x0% 17.06% wwumf4o 0.07% 0.00% 0.00% 0.09% 0.04% sun" 0.00% 0.00% 040% 0.00% 0.00% over 0.00% 0.00% 0.00% 0.00% 0.00% SW OOM 0.90% 0.60% OAM 0.60% O.W% Aid In Censlruo9On 0.00% 0.00% 0.00% 0.00% 0.00% Ad this10a6w TfWWM 0.00% 1.61% 10.09% 3.00% 2.010% O LM aim g.YQll 4+QRlt zm TOW gpws9ng 6epstws 06.76% 0.1% 07.00% 01.10% "All DOM Santa Mdwat 21.01% 110.92% 19.79% 20.01% 2..00% Debt kwAw a Expense 0.00% S."% 4.70% 2141 3.79% 09Nt 0.00% 0.00% 0.00% 0.00% 0.00% 0610 0.00% 0.0% 0.00% 0.00% 0100% 41 20.111%. 421007% 29 26% 291" oqhw TOW NOMP (Awenwl Expense 214.61 Ana Twullin 10x0 Assam on Inva* s 1 0.00% 0.00% 0.0% 0.00% 0.00% COW TAWAW am 4,0994 4.4Q1) tam 4,44!! TOW TrWWM Out 0.00% 0100% 0100% 0.00% 0.00% Fired AsaM O.0% 0.10% O.i4% OM% 0.23% Debt PMc4W 1 1 4.1tl~ tam i4,~ik 13.!!!4 I 100.00% 100.00% 100.00% 100.0% MAIM I I . v t t a * °qS,. Via; CUSTOMMEERS, ACREAGE A FINANCIAL DATA A atVO Ageodaite §Lnj~j FanNh1 L" Annual Ma" ~t e10-r FY Avg 0 (5 X 1 coo Ravanw CNw" RaM ~n~I j1 C 9 1! Cu 1900 E 5.072 =160 511.00 01.25 0.00~'~ 1007 14.167 2254 510.61 01.8 12,14% IOM 14,447 0502 010.62 21.46 17.811 198 14.74E 2545 125~t9 01,04 19,811 2000 16,040 2447 128.70 $9.47 vim AV" MoMMr DPW F V Avg I 0 % 10001 R~uo CIwp RaM EMNA M N• %m ',dam Chom 1000 2.509 020 511.00 1f 23 400% 1"? 2,410 040 016,64 51.46 12.10% 1900 2.406 140 110.92 9t.95 M as 1198 2,610 146 225,26 01.04 10.2011 2000 2,1900 970 020.70 12.47 117.466 MtA = FaMM 1 COMMOM M I Spob F Y k"PWWOU+s n x 1000 Avg No CAa1ga NO ofEMfS1 Aqpm 1900 2.312 0.00% 1907 2,500 0.00% 1909 2.400 0.0011 1990 2,456 1 2000 9.0.30 i i . 'A)~ f 1j f y~ 1 nt~y 3 '•p f" 1 ,y(h J ORAMAM ALLOCATION WOW SHEET ~Q@IldaNo. 1~ ~ ielZ Dale SINGLE FAMMLY LOTS 19,604 W,079 !4,167 14x47 MOBILE HOME LOTS 1M LM TOTAL RESIDENTIAL LOTS 15,91144 16,240 10x79 101916 57,910 17,4119 n_FAM 401 sot 611 SIM 610 649 00LOAS40K / RETAIL 099 646 000 $72 006 400 OFFICE 160 101 100 100 179 17e TOTAL OOpM1E}ICMUIMDUSIPM 1x70 1.401 1x00 1AM 1,410 1,, C17Y OF 084TON s 4 0 0 7 7 DENTON COUNTY 6 e e v e 1 OfsO To 70 7e e1 4 84 LMT 104 toe IOS 111 Its f13 TVWU so p 71 72 74 76 MTATE SCHOOL ds 64 411 67 00 70 STATE 0 6 5 6 1 7 e e s v e 1 FEDEEIML CHLMH !4 K 0 Zo TOTAL w"tONAIL 402 41100 410 427 490 441 me 461 $01 sit 0!2 696 $48 MLXTI-FAMLY TOTAL COMMERCML/INDUSTRIAL 1,979 1,40t 1,480 1,400 1.410 11320 TOTAL MiQTITUTIOMAL sq 431 lY A 49 2,200 2412 4.800 4400 ZOO 2,306 SIMME FAAMLY LOTS 16x14 10,440 1s" 10x16 17x4 1' TOTAL SAPJIVIOUM ACRES 2,24141 2xt2 20M 2,400 2.40 2,...d REVENLW FSOUWM (HMO 014 ErOw w 000,000 x084,000 ,00 ?woo 1"504 1,114042 1,4410.0062 TOTAL CASH SPENSPS 04 47) MONTHLY 8s4fI4.E FAMILY RATE $1,19 91.73 St.9e 11.09 11x4 62,47 MONTHLY IMPERVIOUS ACRE RATE 514.14 $16.90 $17,10 $2051 $24,15 Moo 1 M s1e2,920 6179.644 $274,166 $MAN $4 IA6 $523.000 ,8 5660.14 P28,010 MLTII ALL ENTIAL $224142 $24SAW SOU 2 $402 • COMMERCIAL $114,304 5102.00e 6204800 1864,416 $481,400 61411,316 INSTITUTIONAL s31,Ce4 564,470 $00,161 $106,770 8126,8241 $1$1,444 AD VALOREM TAX V11"~4 $144.000 14 14 14 i0 TOTAL REVENUE 8000.000 "",ooo 6740,000 11013,000 61,114000 51,100,000 • • , t t ,r //y , wlI 3hy~ 1 • • Agandaltem,~ 1.1 Authorization on December 1B, 1990,, the Denton City Council created a Citisen Committee to study the feasibility of establishing a storm water utility Appendix 11. The mission statement given to the Committee was two fold. •seview and evaluate the necessity of establishing a storm ffeter Xamagement Utility for the City of Denton and to submit an evaluation to the Public Utilities Board which shall imciude a reoonmesdatian of whether the City should purses the establishment -f such a Utility.• 'should the Committee recommend the establishment of said Utility, the Committee shall provide reoomeaodations to the Public Utilities •oard regarding tbs most feasible method for establishing said Utility.* The Committee consisted of 19 memberso is mazbers representing the different segments of Denton and 4 city staff members for technical infoxmation and assistance. At the first meeting the Committee formulated and passed the following procedural rulesi m - City Staff would not vote on the issues. Blewa voting members would be required for a quorum. Issuse would be passed by a simple majority vote of those members present, but any issue could be revisited and • revoted upon the request of any voting member. 2 EXHIBIT V • 0 y'. • m • 1*2 Committee Actdoa Apendaltsrtl~-.--~~. 1 Date_ The C4mittee studied federal omviranmemtal \ regulatins {Qg=pa Store Nater regulations pertaiaing to the National Pollutant Discharge siiaiaatioa system pessit), current slate legislation reverdxv water utiiittas, bow o stoma they pities were respoodiag, to tb• legislation and regnlaticros, and the impact of a storm water utility on the various caaastituout groups Of Denton. she Committee aancludes that the Public Utilities Board (PO) and the City Council should pursue the establisdemt of a storm moter utility. The creation Of the utility aboald be ratty with the 1993 Fiscal Year sudgeti,g process. Zovovar, after eignilicamt debate, U10 committee is not In agreement on mg • time frame for the • 's'he Committee vote was split bed '491ementing the tee in 1993 or 1994 or at which water regulations time the ptJ Store . became applicable to the City of Dentou. 1.3 Committee Recommendations The committee recommends that the fees for all properties be based on impervious acreage'. The occupant will be responsible for the fee whenever possible and when not possible, the owner • i for the tea. will be responsible In addition, the committee makes the following recommendations concerning the rate classificationsr • storm water er ious Acreage: property improvements which prohibit from penetrating into the soil. 3 IWA, • • Ag9ndaNo _ Initially, all single family residential units will be assessed the same fee. The feel will be based on the average impervious acreage of the entire residential classification. However, the Committee recommends that the fee structure for the residential classification be reconsidered utilizing the actual impervious acreage of each residence as soon as the tools become available to make the procedure economically feasible. The fee for each mobile home park will be determined by that park's total acreage and the number of lots, both occupied and unoccupied. The fee will be the responsibility of the occupant. The fee of the unoccupied lots will be the responsibility of the owner. The occupied lots will be assessed a higher fee as a result of increased storm water runoff. Apartment fees will be determined by the impervious acreage of the individual complex, divided by the number of units. The fee will be assessed to the occupant. The fee for vacant apartments will be the responsibility of the owner. Comercial, retail, office and industrial properties will be assessed a fee based on impervious acreage. Properties with multiple occupants will have the bill pro rated to each occupant. The fee for vacant property will be the responsibility of the owner. City, county, state, and public schools will be assessed in the same manner as commercial, retail, office and industrial properties, with a 25t exemption. Churches will be assessed the same rate per impervious acre as commercial, retail, office and industrial properties. Legal counsel advised the Committee that state law prevents the • exemption of churches from the storm water utility fee However, the Committee strongly encourages the PUB and the City Council to pursue an avenue of relief to the churches. In accordance with the legislation, unimproved and agricultural property will be exempt from a user fee. Fee/Charge per impervious acre; 9t~,rm Water Utility expense divided by the total amount of impervious surface in acres. 4 • • Agenda No. Examples of the rate structures used by the Committee is provided in Appendix iI. Under the current legislation, individuals can provide improvements on impervious services which will be considered in calculation oS the fee. 1.4 Committee Concerns Although the committee recommends that the PUB and City council pursue the creation of a storm water utility, they express the following concerns which they want the PUB and City Council to consider when formulating their final decision. The committee views the fee as equivalent to a tax. However, a storm water utility will be the most equitable manner for the city to address regulatory compliance issues. The fee fbr all properties shall be based on the amount of impervious surface. When and if a storm water utility is implemented, the committee atronaly uro.s the City Council to edam the property tax rate for that year in direct proportion to the amount budgeted in the general government fund for the drainage system, The Committee charges the PUB and City Council to continue to examine and challenge the accuracy of the data collected on which the committee based their recommendations, BBB to ensure that the fee assessed will be spread equitably across all constituent groups, without unduly burdening any one constituent group. • Committee members are sympathetic and concerned about assessing a fee to governmental entities, schools and universities which receive funding from public revenues, thereby creating a "round robin" effect. The result is increased tax rates which are necessary to fund the obligation. However, the maiority of the committee feel that , e the fee should be associated with each property's contribution • • to the drainage system. Furthermore, broadening the base of the fee is more equitable. 5 • b 4A AGWaNo~.__.._... Agendalt • Date lots The issue of billing the owner versus billing the occupant was also debated. Some members felt that the owner benefits from a reduction in the ad valorem tax rate, so the owner should be responsible for the fee. However, the majority of tho mombers felt that the occupant should be responsible for their contribution to the drainage system. 1.5 Special Considerations Finally the Committee urges the PUS and the City Council to consider the following action: The City Council BBZt: reduce the property tax rate at the time the storm water utility is implemented. The Committee aM the PUB and City Council to be prudent in the selection of projects to be funded by the utility. A major concern is equity. The Committee expects the PUB and City Council to consider the igmct on all constituent groups of Denton. The Committee is concerned with the inability to put a "price tag" on storm water quality issues. Thu Committee recommendations are predicated on the information and figures available and on the drainage system's current levels of service and budget requirements. The Committee AM the PUB and the City Council to perform an indepth analysis of both the impact of a storm water utility on all constituent groups of Denton and the rate structures using comprehensive and reliable data to validate the Committee actions. The Committee &dX2SA B that future legislation and regulations be closely monitored. The Committee took their charge very seriously. They not for 0 approximately 28 hours on nine separate occasions tApp,tadix III). A tremendous amount of thought, insight and debate was exchanged. This report gives a detailed account of the back-up materials, recommendations and discussions. Please look to Section 5 for a , detailed explanation of the voting and recommendations. 5 - p • E . 11mi1 t , l Central Denton i* not Lhe first city to c+omider or iaplesnatt a user tee for funding a storm rater utility. Bowever. Demon is the only city of which the Ca smLttee i.s aware that has appointed a eitiaMns group to consider the issues, evaluate the optiae. and sinks Gioee to City OSfie[als. The CosIKittee was essentially opmiW nw territory, They had to develop their plea as they progressed. 2.2 Operating Conditions The Casaittee developed the following operational procedures. In keeping with the Objectives dVressed in the resolution, the Ccmittee determined that: 1 Members representing City Departments would not have a vote. Eleven voting members comprised a quorum. Decisions would be resolved by a simple majority of those attending. Previous decisions could he reconsidered and revoted. .r. 9F~ ~,y 4 r , .,p l: t ~rG n i !F ~a 14~ W '.krP! s r~ t3-4 • Agenda No. Agondaltaq, . 2.3 Process The process consisted of four basic elemantst - Discovery - Analysis - Evaluation Decision Discovery was acccmplished by providing each member a notebook filled with materials on storm water facilities, regulations, City of Denton activities, etc. Presentations were made by consultants, experienced practitioners and City staff. A list of presenters and their subjects is included in Appendix Iv, Analysis was the effort made by each committee member to understand the principles, concepts, ideas, regulations, systems, and organizations presented by the materials and speakers. The members studied the materials, conducted some research, quissed the presenters and staff, and discussed the questions among themelves until everyone had a clear understanding of the conditions having an impact upon storm water operations. Evaluation was the process of determining the impact of each condition considered. The impact not only included cost but also considerations such as fairness, equity, quality of life and community • enhancement. Decisions were accomplished by discussions concerning which course of action would best serve the interests of the community, The • four element process was used as the ^ommittee deliberated the issues of r phase I and Phase II of their charge. 8 • • ~ [ i ''r't,` t lk i i~J(1 i1~~t ~'Ii vy f w • r ~gEncla „ SaCTION 3 UdIC -ti_ ` DISCOVERY OF FACTS 3.1 General One drainage utility issue to be considered is the deli*lopment of federal drainage regulations pertaining to storm water runoff. Water quality is fast becoming as much, if not greater, a concern than water quantity. Federal and state governments are taking new and aggressive initiatives to protect the environment by regulating the quality of storm water runoff (Appendix V). 3.7 Related Regulations The development of drainage systems has typically been guided by insurance requirements and local subdivision regulations. The City of Deaton0a participation in the National Flood Insurance Program allows policies to be issued to existing property improvements inside the 100 year flood plain as determined by the Federal Emergency (Management Agency. The policy premiums are based on risk of exposure to flooding. Dsnton's participation requires that future development within the 100 j year flood plain be prohibited. Land owners, developers and cities will sometimes construct drainage improvements which serve to lower the flood • level and thus render more of the area developable. Local building codes are intended to protect the building occupant. A permit is required before commencing with construction. One provision of the • permit is a review of the 100 year flood plain. Permits are only issued , • r in these areas if very stringent flood control conditions are met. 9 y„ . ~QAfid8N0 Neither insurance nor building permits guarantee that occupants will be free of flooding. Storms of intensity greater than the 100 year flood do occur. In addition, numerour structures were allowed to be built in the 100 year flood plain prior to the adoption of City regulations. 3.3 Existing Drainage System The existing drainage system has been developed to provide flood control. It serves about 34,624 acres and consists of approximately 20 miles of storm sewer pipe, as miles of earthen channels, 13 miles of improved channels, and over 145 culverts and bridges. Much of the system was constructed with the proceeds from City issued General Obligation bonds and maintained with ad valorem tax revenues. Annual debt payments required to retire those storm water bond expenditures totaled $338,154 in Fiscal Year 91. !Maintenance activities include seeding, mowing, cleaning, dredging, concrete repair, and reshaping. Currently, these activities are accomplished with 5 personnel, 11 pieces of equipment, and a Fiscal Year 92 OAM budget of $376,256. With Fiscal Year 92 capital costs of $338,154 the total annual budget for capital improvements and on-going maintenance totals $714,410 for Fiscal Year 92. To provide adequate drainage and flood control service to a growing community, in 1989 the City retained Freese and Nichols, Consulting Engineers, to prepare a Master Drainage Plan. { 10 1 r a ~ ~ . r f~Fmd~~YPit' J d.~ ~ IP { AgendaNo,, _ The plan identified numerous projects which are ~s#der+A toe inclusion; in the Capital Improvements Program (CIP). The CIP establishes the schedule for construction. It also provides a construction schedule dependent upon current needs, growth and funding availability. Since 190S, over eleven million dollars of drainage/street projects have teen completed by the City. Another $2,793,600 of projects are underway. In addition the Five Year Capital Improvementa Program (CIP) has identified projects of $1,445,000 for 1992, $1,544.000 for 1993, and $2,030,000 for 1994. Sixteen, drainage projects totaling $7,364,590 have been identified but not yet included in the CIP. Although these needs have been identified, funding is not in place to finance these projects. A far of these improvements may be paid for by developers, However, the cost of most improvements, especially storm water detention facilities, system upgrades and regional channel improvements will be borne by the taxpayers. 3.4 Future Drainage System The future system will be concerned with water quality as well as quantity. Quality is addressed by treating the low flow of small + frequent storms. Quantity is addressed by acccmmodating the high flows associated with infrequent large storm. In accordance with the provisions of the Clean Water Act, the Environmental Protection Agency has begun requiring National Pollution • uis.:harge Elimination System (NPDES) permits of all cities for the a « discharge of storm water into tributaries, streams, rivers, and lakes. 11 _ l s A • • r Agenda No Apdaliem_..~ EPA's first phase of implementation is to require Date- EPA's of cities with populations over 100,000 beginning in 1992. SPA has not yet established a schedule for imposing these requirements upon smaller cities, although indications are that it may occur by 1994 or sooner. These are the same permits required of wastewater treatment plants. The Texas Water Commission has begun to consider drainage system rules for cities with populations of 5,000 and greater and, in . fact, these rules may become effective for Denton prior to the SPA rules taking effect. The projected drainage system will be mandated by state and federal regulations but supported by local funds. It is impossible at this time to project specific costs, but significant monies will be required. The City of Garland has budgeted $2 million for implementing Phase I of their permit requirements. Parameters are being placed on the quality of the water being discharged. However, SPA does not have a data base Pram which to determine appropriate quality standards. The initial requirements of the permit are to set up monitoring stations, analyse the samples, and submit reports to the SPA. Eventually a data base can be developed and the effect of adding treatment systems analyzed. In the mean time, permits will require cities to apply Best Management Practicer, BMP's • (Appendix VI) and to utilize the Best Available Technoloav, BAT's. The SPA identifies current technologies which provide the highest level of treatment and refers to these as BAT's. Though vague in description, ~ these practices and technologies are included in various texts, reports, • and studies, (Appendix VII) , some of which were used by the SPA to help • • develop regulations in accordance with the Clean Water Act. 12 APRANo sscTrON 4 tte~daJterr~~~~~ USSR F86 nvn NG OPT7nN 4.1 General The construction, operation, wW maintenance of drainage systems has historically been funded by ad valorem taxes. System managers statewide became concerned that requirements for NPDE8 permits, stringent rules, and strict enforcement could not be accommodated in a timely manner without a new funding method. Therefore, the state legislature passed H8 1569 which enabled municipalities to create a municipal drainage utility system at their discretion. The enabling legislation was amended in 1991 by SB 1409 (Appendix V). The concept of user fees for funding storm water utilities is not new. User fees have been in effect for many years in other parts of the country, most notably Colorado, California and Florida. Austin established a storm water fee in 1982. Euless, Bedford and Arlington have recently established drainage utilities, Garland, Hurst and Gainesville are in the process of doing so and may even be operating at the time of this report. Like solid waste, a drainage user fee is based upon an indirect yet proportional indicator. The fee distributes the drainage system costs according to the service received rather than the appraised value of the property served (under the tax system). A charge based on the contribution from each property to the drainage system could be determined by computing each property,s surface area and the percentage • of that area covered by is impervious surface. 13 5 r p' • • Agenda No The user oriented approach associatA110 tbA oesed charges with the services received. Federal, City, County, State & Public Schools are not necessarily exempt from user fees. 4.2 Water Quality , Water quality is impact%med by the contaminants accumulated by storm water runoff. if either the storm water or the contaminants alone can be retained on site, then the water quality is not affected. A certain amount of runoff should be expected from any parcel. Property improvements increase the amount of runoff. Assuming that the increased runoff has a proportional adverse impact on water quality, the legislation correlates the user fee to the increased runoff due to land development. The measurable item is the amount of impervious area on the site. The revenues received are then used to operate a drainage system which includes offeite treatment facilities which improve the water quality as it works its way to streams, rivers and lakes. The ultimate goal is improved water quality. The Les is associated with each property's contribution to the system, not the volume use of a commodity. • 4.3 Tax Versus User Fee Funding The tax fund is limited. Essential services such as fire and police protection often take priority thereby causing drainage improvements to be postponed. Sometimes these postponed improvements • have an unfavorable cost/benefit ratio, i.e. recovering land from the • 1 14 • • Agenda No Agondaltom Da 10 flood plain. Also, these funds can be more ea sily ~lirrecte`d-towar5 another project due to public pressure. A user fee would render the funds discrete.. The demand on the tax fund would be lessened, possibly resulting in a lower tax rate. Budgeting would be based upon regulatory compliance and cost/benefit analysis consistent with a utility operation, 4.4 Equity Though defined as a user fee in the legislation, the charges still have the appearance of a tax. Regardless of definition or appearance, the application should be equitable. Customers should pay for services received. The value of flood protection to an individual can be fairly well associated with the value of the property protected. Pees can be proportional accordingly, However, regardless of the property value, reckless land development can create an inordinate contribution to flood conditioas. It can then be argued that fees for flood protection should be proportional to increases in storm water runoff due to land improvements. Water quality can be associated with health and the environment. These are benefits received equally by each individual. a A user fee will direct the cost toward the individual who contributes to the problem. It could providtt a mechanism to encourage property owners to develop on site drainage facilities. Both water quantity and quality are related to incrolased runoff due to land development. 15 • ApdoNo._ _ ----r- Ette The use of ad valorem taxes to fund drainage has presented Denton with another equity issue. Denton hag an unusual amount of non- taxable property. Without presenting an elaborate analysis of these statistics, the following table compares Denton's dilemma to two neighboring cities: SERVICE STATISTICS POPU_ AREA DENSITY TAXABLE TAXABLE RATE TTON IIL 121 PPOPYRTY VAL[1s IS90-91 Denton 66,270 51.4 1,225 $2,036,603,285 .6651 Carrollton 820169 35.0 2,348 $4,691,460,671 .5540 Lewisville 46,521 31.2 1,113 $1,998,806,600 .5321 (1) Square Miles (2) Persons Per Square Mile While each city has school districts and churches, Denton is blessed with two state universities, a state school, the Federal Emergency Management Agency, the county and its offices and the Texas Department of 4ighwayg and Public Transportation maintenance facilities. With a user fee these entities would be charged, By establishing a user fee, the annual burden of funding the drainage utility ($714,410) could be removed from the tax system. The tax rate could then be adjusted downward by approximately four cents The estimated four cent reduction would not be made available automatically to other departments e as the effective tax rate would be reduced accordingly. Establishing a user fee is just one step toward balancing the disparity betweezi the tax rate of Denton and neighboring cities. It e will not by itself resolve the dilemma and is only one method of r reducing the City's reliance on the property tax to fund City services. 16 S tondaNo~ Agcnda4eq, Inc 4.5 Regulatory Compliance t Regulatory agencies are emphasizing monitoring, compliance, and enforcement. Fines can be assessed during a field inspection by administrative order. The General Accounting Office has determined that past penalties have been too low and that they should at least equal the Toot of correction in order to encourage compliance. Utilities can no longer afford to wait for enforcement before spending muLies for needed manpower, equipment, and capital improvements. A user fee provides certain advantages when compliance with regulations is an issue. The justification for improvements is typically based upon a cost/benefit analysis. Since compliance voids penalties, the cost avoidance of fines becomes a quantifiable element of the cost benefit analysis, Regulatory administrative orders usually impose a time table for compliance. A utility can issue revenue bonds without the additional time for a general election required for general obligation bonds, In Denton, rate changes are considered by two public j review bodies: The Public Utilities Hoard and the City Council. Projects which affect a small portion of the city, but which have a beneficidl impact upon rates and the system can be accomplished without a general election involving a larger, unaffected segment of the city, Regulatory compliance can also be inappropriately used to • justify budget requests. A fear of citations encourages officials to support requests intended to avoid noncompliance. Failure to prepare the cost/benefit anaiyais can result in selecting an option less than r optimum. Regulatory compliance can even become a common justification to approve a budget program not supported by a cost/benefit analysis. 17 4 mod', u~r ; F t yx i•~ s w • F Establishing a utility to enhance the departments ability to comply with regulatory requirements does not relieve the Ccmmission and Council of the duty to be vigilant in the review of the administration of city services. I 3 ~ 1 to tti '3, ~7JKC • > ~ ~ CV Ala Sit ~ ~~~'l~ yytr. r r ~`vf 3 7' 4•Yj.~~~.£yp~~ ~f.d~"f~ tY '?s(til ` s . -S^F > 4 . F5+- Iz~.. y t"3~+yf' 'L. u'Rr a'S ,gy' " T f1 ~ y f AgoodallerrV.., 9ECTION 5 We { CONCLU9ION/RKCOM+WQ&ZIONS 5.1 Conclusion 5.1.1 Phase I The Committee determined at its meeting on July 24, 1991, that it had sufficiently evaluated Phase I of its objective. It decided that the City should pursue establishment of a Stom Water Management ` Utility. However, since rate design would be considered in Phase II along with implementation, the Committee attached to its decision the caveat that maintaining the current tax funding method would continue to be a viable option. The Committee voted 9 aye, 0 nay, and 6 undecided to proceed with Phase II as amended, 5.1.2 Phase II The Cosmittee clearly concluded that the City should proceed with the creation of the Storm Water Utility. 5.2 Recommendation Pertaining to Implementation 5.2.1 Creation The Committee voted 11 ayes and 1 nay that a drainage utility should be created. f Establishing the drainage utility on January 1, 1992 would confirm the City's commitment. Citizens, city officials, and staff could plan future activities with an understanding of their direction. ~ ~ W r 19 • m • ~andaNa. Agoridaltom Much of the red tape associated with establishing the utility and associated user fees could be accomplished before the need becomes urgent. Most of the policies and procedures necessary to operate as a utility could be in place and staff could adjust gradually allowing time for staff and departments to make a smooth transition. Waiting until the Fiscal Year 1993 budget would allow time to develop a public awareness program. The impact of the utility could be coordinated with planning for the Fiscal Year 93 operations. Since the public follows the budget process more closely than most local government activities, they would more likely be informed and knowledgeable. 5.2.2 User Fee Timing The committee did not determine by majority vote a specific time to implement the user fee. The result of the vote was: 5 for the Fiscal Year 93 Budget Cycle 2 for the Fiscal Year 94 Budget Cycle 5 for coinciding with EPA regulatory mandates. It is anticipated that complying with the EPA regulations will require a substantial expenditure. Initiating the fee with the fiscal year 1993 budget would • allow Denton to change funding mechanisms while the financial impact on customers would be relatively small and the consequences of variances in revenue projection would also be small, impervious area data could be transferred from existing files and refined pri(;r to encountering major • 0 & M expense. Administrative adjustments could be completed in time to r direct administrative planning efforts toward regulatory compliance. 20 V; %onda No (lrste The customer could become accustomed to and confident in the new fundin' mechanism before any major fees are necessary. Finally, the public could witness the effect on the budget of reducing the tax rate, Waiting until the Fiscal Year 94 budget cycle would accomplish the same objectives but allow the effort to proceed at a more leisurely pace. Coinciding with SPA regulating mandates could provide sufficient time for the advantages given above. Regulatory mandates generally provide a grace period after the effective date. The compliance date could be anywhere from 1 to 2 years after the effective date, depending on the time deemed appropriate by the SPA. Also, proposed regulations are published in the Federal Register 90 days before the effective date. Requests for public hearings could lengthe! the time period. To assure that waiting for SPA mandates provides ar,l;c time, someone could be assigned to monitor regulatory activity and inform City Officials and administrators. Another key element is the Legislative process. Once a funding mechanism (tax or fee) is e;itablished by ordinance, the municipality cannot change the funding mechanism for five years. The City's desired timing for creation of the utility and implementation of a user fee must be communicated clearly to city at&ff. The Legal Department must be keenly aware of the desired schedule and should caution the council and boards and commissions should any proposed action alter that schedule. 21 • w • 40enda No 5.2.3 Tax Offset ~8- The Committee voted 11 ayes, 1 nay that the ad valorem tax rate be lowered to reflect the reduction in the general fund expenses due to implementing the user fee. The reduction can only occur during the first year of operation. To do otherwise would be to charge the ad valorem tax payers and the storm water utility rate payers for the identical budget expenditure, resulting in a windfall for the general fund. The Committee recommends that the adjustmsnt be a dollar for dollar offset. Lowering the tax rate in any given year will lower the basis for the following years budget and will establish a lower maximum limit for all future tax rates. However, the continuous affect is only of significance if the tax rate is routinely increased by the maximum allowable amount. The initial adjustment is of prime importance. 5.3 Rates 5.3.1 General Part of the Committee's charge was to recommend "the most feasible method for establishing said utility." The Committee was not comfortable with recommending a user fee without providing some direction regarding rate making and its impact upon the various segments • of the community. To provide a perspective of the rate flexibility provided in the legislation and the relative impact, staff provided a table indicating the effect of several user fee funding methods as well as continuing with the taxing method. 22 t' A • NjendaNo Agugtlallor~~ During Phase II, the Committee worked through each rats classification to deliberate the rate methodology. The result was two funding options: a tax fee and a hybrid usar,•fee intended to accommodate Denton's particular conditions. The various funding methods are represented in Appendix II. The two funding options are presented in Appendix II. Based upon the principles developed by the Committee and the current reliability of the available data base, the distribution of the user fee option should generally be in the proportions indicated in Appendix II. 5.3.2 Rate Classes 5.3.2.1 Residential The Committee voted 10 ayes, i nay and 1 abstain to recommend that all single family residential units initially be charged equally. Duplexes shall be considered as single family units with each side as one unit. The occupant shall receive the bill. If not possible, or if vacant, then the owner shall be responsible. All property will be charged on the basis of impervious acreage. Initially the price per residence will be the same. I Some cities have subdivided this class based on lot rise, square footage, etc. The Committee determined that the additional administrative costs to analyze the breakdown would be greater than any relief the smaller homes would receive due to the differentiation, 23 6 Ltly fib •Lic..S i yM F CNakiyj 1•~ A le f M~ fix' ~ ~ i 1 r Agoridalloo2 In future years when 6PAOa descri tion of Dait p gwliy is defined and regulations are imposed, then Denton can subdivide the class as then deemed appropriate. 5.3.2.2 Mobile Hoaxes The Committee voted 12 ayes, 0 nay to charge all mobile home units as single family units. All property will be charged on the basis of impervious acreage. The occupant shall receive the bill. If not possible, or if the unit is vacant, then the owner shall be responsible. The rate structure will be two tiered. The rate for lots occupied by a mobile hone will be developed as if all lots are occupied. The rate for lots not occupied by a mobile haste will be developed as if all lots are unoccupied. The corresponding rate will be applied to each lot and/or mobile home. The owner of a vacant mobile hose which occupies a lot will be billed. 5.3.2.3 Multi Family Units The Committee voted 10 ayes, 2 nays and 0 abstain to charge multi family units based upon impervious acreage. The charge per complex will be divided equally among individual units. Each complex will be analyzed separately to determine its unique fee. The occupant shall receive the bill. If not possible, or if the unit is vacant, then the owner shall be responsible. 5.3.2.4 Business (Commercial, Retail, Office, Industrial) The committee voted 10 ayes, 2 nays to charge all business e activities named upon impervious acreage. All business activities will , r initially be charged the same rate per impervious acre. 24 i -Ut F y hit ;a't r i,tY :dvy,. 1. Age,9da,4o_ _ Apdal tom_~._,_ bate. _ Properties with multiple occupants will have the bill pr< rated to each occupant. The occupant shall receive the bill. It not possible, or if vacant, then the owner shall be responsible. In the future years when EPA's description of quality is defined and regulations are imposed, the Comittes reccmmends that businesses be charged based upon impervious acreage and that consideration be given to charge businesses according to their possible contribution to contamination, e.g., outdoor chemical storage. 5.3.2.5 Institutions (City, County, LZSD, UNTO TNU, State and Federal) The Committee decided after a series of votes that institutions should be treated the same as businesses with the possibility of an exemption. The charge shall be based upon impervious acreago. The Committee voted to provide an exemption in the amount ofr 5 for 25k 2 for Sot I for 75k 1 for 100k - 2 abstaining The institutional organizations typically provide an • immeasurable service to the community. For revenue they generally depend on taxes. Charging them a fee could be viewed as charging the local patron twice; once for his private property/residence and again • indirectly through taxes for his use of public property. , 25 • . . r... r.. r . e ~ . 1 f s ! .C r, T6 ~Y IA~f~y''Y. i v~N~t1J~ w 9y,°'} g € 4pa.+ 6',yy, ~S+ ~J, $ ,:,,x~xw LC, 'i' 2 b ~yx J s + It S Q` r Apfldallo 1 on the other hand, one of the reasons for considering a user fee is equity. Many of these institutions provide service to users outside the city limits yet they do not provide compensation for all City services received. A user fee could provide an incentive for property owners to reduce the runoff and/or contamination from their property. Exempting them from part of the fee would counter such an incentive. Also, it is charging the currently exempt activities that truly broadens the funding base. Without their inclusion, the ultimate result of a user fee would be to charge the same persons the same total amount in different proportions by a different mscbaniam. 5.3.2.6 Churches The Committee voted 10 ayes, 0 nay, 1 abstain, and 1 for another category to be determined later, to include churches in the ccameroLal classification. A majority of members desired that churches receive some exemption. However, legal counsel advised that recent developments prevent cities from placing churches in a rate class created especially for them. Also, the enabling legislation did not specifically include churches in the list of organisations that may be exempt. The vote to place churches with the commercial class was only if churches cannot be placea in a special class or a class receiving • some exemption. The Committee directed staff to research other cities, inquire of their classification of churches and their reasoning and report to • the Committee. • 26 r. s= Y i ' i t [12 r 't 4n f J HI p { ~i3 § i 5 aS P N[ } f Agenda No. , 4pdaltern... Staff did not discover any cities havir*t4atoxst4Mt4W utility' fee which provided an exemption for churches. piny cities continue to have a water or sewer rate class just for churches. Recent court cases have declared this practice unconstitutional. However, these cities do not intend to make a change unless challenged. Bash of the cities include Arlington, Bedford, Euless, and Garland. • j 27 ~ t f f 3 A AgontluEtent_.. r--------•-~ Date._ , r~- . 9SCTION 6 A222= 2B a r r ~ t f ~ J¢ kr. Ip f . A • APPENDIX I MEMBERSHIP ROSTER BLUE RIBBON COMMITTEE FOR STORM WATRR UTILITY I~BB BSPU0== Bob Coplen, Chairman Chamber of Cosmerce . Dorothy Adkins League of Naaen Voters Bill Angelo Community Services Roy Appleton, III Planning fi zoning commission E. L. (Skip) Beard Local Business Ray McFarlane University of North Texas Karen Feshari planning Department Dr. Vera Gershner Texas woman university George K. Gibson Residential Area Mark Hannah, Jr. Local Business Roland Laney Public Utilities Board Dr. Don Michel Residential Area Bob Nelson Utilities Administration Dr. Don Smith Residential Area Denton Independent School Dist. Roger Wright Dr. John Thompson public Utilities Bob Tickner Parks and Recreation Ralph Morrison Residential Area Penton industries • Mel Willis 29 5: • • Agenda No Ago~~tlaliom ~ APPENON I, ESTIMATE OF FUNDING OPTIONS REVENUES ` NOVEMNER 14, ISSI SINGLE FAMILY $338,284 sm,082 b$8,866 MOBILE HOME $80,368 $21,896 $8,069 (14M 4ryw 1O IN" DUPLEX $2,618 $3,794 $4,882 MULTI-FAMILY $82,800 $111,183 W.140 BUSINESS COMMAIETAIL $106,217 $142,973 51371792 OFFICE $28,679 $38,911 $8,$86 INDUSTRIAL $97,77Q $131,803 $137,843 INSTITUTIONS CITY $1,081 $1,414 COUNTY $1,387 $107 OISD $12,744 $17,183 UNT $17,441 $23,478 T111R1 $11,347 $15,274 STATE SCHOOL $10,507 $14,142 STATE $1,061 $1,414 FEDERAL $1,261 $1,897 CHURCHES $10,506 $14,142 VACANT LAOS 822 AG 341 TOTAL $600,000 000 000 PANGE I p~u ANMIAL CNAROE PER IAAPERMOUI ACTS IIM.te - ANNUAL CWUIOE PER M14QE FAAN.V OWB.LNO Sd34 - IML1S MONNIP CNAl10E PER t6o"10OUI ACRE $1411 - Sam • MONTHLY CNAAaE PER IN4LE FAMILY DWELLINI SIBS - Sim CALCULATIONS: RANSIE I - IEOIr4N 14.7110 NSF. AD$" . NM.N !IW, ACRE JW.A l RAN" 11 - 13,LSA IMP. ACRES . Saw" I IMP. ACRE T KAR RANGE 1 - 433SAM 1 24AM IMTS . 613.51 1 UNIT I YEAR RANGE II - 1400AS1/ 14,40 VATS • 1/8.19/ UNIT I YEAR NOTES d III NANDE I IS S"LOON THE PLANNING DEPARTMENT 0 C..'..'i.,Y: Arwo AND ANAVEYMDE • • $0,000 N LOT. RANGE II IIEfLECTt ADJUSTMENT OF THE NUMBER Of A4NIEI SATED ON SHE / OF INIQ.E fA1KN LOUTS AND A ro000 SF LOT. MONLE HOMES WHILE ADAXTED ACOWAWQ IV SA4EO 4N SAM O LOT. (!I THE NF 0WA R4N RESNSUO N TIE CUTRENT DATA SASE II WIMT IS RUIOILY ANARASKE R OWAIII MA OISCRFPAMCIES WHICH MUST BE Wr ONCIED TO DEVHOF A REUAELE FEE ITIRIOMME (JI THE TWO USM FEES NOICATE THE RANGE THAT TAE VIER FEES S 40MV FALL 0 11N1 WHNS THE DATA N RECONCILED. 30 • O f I 4gendaNo. Agendalterq~._- ,.r Appendix III CHRONOLOGY OF MRRTIMS BLUR RIBBON COMUTTRR FOR STORM WATNR UTILITY A. Phase I 1. Wednesday, July 10, 1991 2. Wednesday, July 17, 1991 3. Wednesday, July 24, 1991 B. Phase I Presentations 1, Public Utilities Board, Wednesday, August 14, 1991 2. City Council, Tuesday, September 3, 1991 C. Phase II 1, Friday, August 9, 1991 2. Friday, August 23, 1991 3. Friday, September b, 1991 4. Friday, September 20, 1991 5. Friday, November 1, 1991 D. Phase II Presentations 1. Public Utilities Board 2. City Council 31 `t 1 , ♦ ,yJ Say 'C, p.la~ 7 o ~ ~er hl :it I~f< 311; f CIS} t`IF C iN * t.{ is a F0 M t I ~ _ t v t + 1 ti# YZ ai #".kayj{-ay ; J' t k fir :'r ax¢ S A p : y 14 1; r~ all v,r! v1w n e a _ 7.1 Ag rrdaMo Agudallerr; APPENDIX IV PRESENTATIONS TO SLUE RIBBON COMMITTEE FOR M04 WATER UTILITY 29QAHxZA1= S Lloyd Harrell, City [Manager City of Denton Issues Surrounding the Development of a Store Water Utility Lee Allison, Director City of Denton Regulatory Issues 8111 Angelo, Director City of Denton Existing operations Jerry Clark, Director City of Denton Flood Issues Nancy Moffat, Administrative City of Denton Enabling Legislation Services Cord. Lee Allison, Director City of Denton Financial Impact Larry Shaw, Senior Manager Peat Marwick Financial Issues Management Cons. Aacountebility and Equity Tom Hart, City Manager City of Euless An Overview of the Euless Storm Water Utilities. Joe Morris, Asst. City City of Denton Legal Questions Attorney Nancy Moffat City of Denton What Other Cities Administrative Services Cord, are doing. 32 ~ • ~ 1 Ci pv,f y!+ r Z S~~i~ f 1 v y~Rt a • 1•. 1 f ,11 v~Fff~rl~~t;rli~~44.~ trlT~i 1r ,yak a t 5; r s - p • r. ....y ixv... rrvi hx...4?lii+~,.ekgr}Y.~{YdX'$1~:4°4YR% Agenda No. Agondiilto~2.._ Appendix V STORM WA'f8R UTILITIES RELATED LEGISLATION I. House Bill 01567 and Senate Sill 014093 Relating to the establishment of municipal drainage utilities. Municipalities may establish a drainage utility system by completing the public hearing process and adopting two ordinances. The municipality not establish a schedule of drainage charges against all real property and provide drainage for all property which is assessed the fee. The funds collected may not be transferred to the general fund The occupant and not necessarily the owner of the property may b assessed the fee. Uncollected charges may be recovered by the municipality by law. The governing body of the owicipality may dissolve the drainage utility after a five year continuous period. A public notice and public hearing are required. l Vacant land; property with proper construction and maintenance of a wholly sufficient and private owned drainage system; and a 0 subdivided lot until a structure is built and a certificate of occupancy is issued are exempt from this subchapter. i ; o , 33 .r a . gonda NO The following MAY be exempt: this state a county a municipality a school district a governmental entity or person described by Subsection (b) and a lot or tract in which the governmental entity or person holds a freehold interest (fee title) - this pertains mainly to easements. This legislation does not prohibit municipalities from using revenues other than drainage utility revenues to fund drainage systems; nor prohibit a municipality from imposing impact fees or other charges for drainage allowed by lawi nor enhance or diminish the authority of a home-rule municipality. II. Clean Water Act Congress passed the Clean Water Act Amendments which requires municipalities and certain industrial activities to develop and implement storm water management programs to control the adverse impact of storm water pollution. The United States Environmental Protection Agency • (USEPA) currently requires municipalities with population over 100,000 to obtain National Pollutant Discharge Elimination System Permits (NPDES) for storm water runoff. 34 , . .~'z ;.,^i~ la,a. a •t + + a~' 2 5 4 t j . i < 's' r4 mgrs x l3 .}Y ..~y f1 fi e ~ t? s r yk .yd #~'•t`~Sf~~jt S f'c y i# i SAiVI t t f{ ate l r tt ` t fi A.P , i>.J L~ Yt i ~y _4 1 n~ 1 ~ r v'dt + t. . o. . _........u..i.~+MY1rN7W7141I9A''' 1 We EPA has proposed that the permitting regulations be extended ; cities with populations of 10,000 to 99,999 in the next couple of years. ZYT. Senate Bill 818 Senate Bill 818 rgquires that a water quality usessmsut study be performed by the 'trinity River Authority. The Texas Mater Commission and the Texas water Developasnt Board MM adopt the necessary rules to implement the water quality assessment study within 180 days fray the effecti%ro date of the Act (June 7,1991). All the cities in TRA basin are required to fund a portion of the $5 million study. . f i 35 r r I} h .1 \41 x~1~.~~5(1 l~~l~ Y • a 1?i ..d ~l ""1 R r lr :.~''f~1a~lill; .fit i • c~ • APPENDIX VI 9QRfI~NO,-, e..T MjLWW MNT PP.ACPICES x'12 L1;ilfSfn_~_~ Figure a; :OmD4f*&Vve a 1 oilucanc ilt,movsl Cf l,rbsn 8.11P Dealgns _ f3MP/design pTame" erpsim" „q e~ktafL , i ettmmil demo r • ,7 3 7 i rerteltln DUNN a • , J i $ wM ren +t T spy f TO ee~Okaq~AL ~ 791140" a j > 1 7, ww1Y1~ It TO 440% OOMWA L, NUNN t , N To 00% MwYAL Miss" a • ti J J i S rl of To 00%SewAL 'NALTIIA"" TeeNee • 40 TC IM%now"Vaa LlseleAl r meamre ' newo"Nerr Hoer . 6t <i y s • i agef 0e"e1 r • i i • • • now i«AaT*Anft SAW eft-got Lel$IWAre • O J i • i ,ate event t • , i • • • ewle fOnew Onal/eMf Memo r O i J i J i r~rlLan gave" a • , i i • • eLnt Odom 6 • i i • • • AnL NAVIN QUAUrT INNT eaLw 30 LOW 3 +,Lrte lave eaww „ O 7 O w ewre u • O i • ® MG@O"N ewue MALa • oefwr , t C v w ® Law ealw,. p Q C C 0 ® WIN LLrLa is rtrle•flaea Trlr "lore 4. SAM !ae .-11 bows. L Rmef! wirele ►tlrer6e M 1.0 Lank. Htelaas tt been, OOMaeIlpM 41: JuafLa pyys 1, fat vita $4llm Cana LA 6etten sash. : alueea9 POOL "VAL to 0,1 1M411 stet 6" trs p ' .041 to 3.! LTr11 vaap v~rwiwmsaeem • • Ca~Aoaoxa eye Ir rae1rri`et Mal qyl to L,0 LTrh apra. t um" Crusted. T "weraloo ant•Tlayl O.S Leas r"MM4 0". saves. Ow Lon a: r46LtLtT ullltrtut .aA taw mmoe 041,x1 Mt aaaa. 041698111 q' r"AlltT YflttNtas all romot, go to tea f Tear aM'p stem. Olga l01 we oeeta fat wt etaK6N Pet Lya"W" sago. 0"L40 1l: A foes WLae Cliff lute. Oaet~ l2: Loa ebm owe feeaatea wets. vita 16041 $ioneree. Ors 17 k : masm. with r arna Yn. 066104 34 , LAW knataa w4lN Uk" age" rant, 76 • • a. • Agai,tlalI APPENDIX VII STORM WATER MANAGEMENT REFERENCES Avellaneda, Eduardo. "Hydrologic Design of Swales."•' M.S. Thesis University of Central Florida, Orlando, Florida, December, 1985. Camp Dresser i McKee. "Final Report-An Assessment of Stormwater Management Programs." Prepared for Florida Department of Environmental Regulation, December. 1965. Driscoll, Eugene D. "Performance of Detention Basins for Control of Urban Runoff." 19$3 international Symposium of Urban Rydrology, Hydraulics and Sediment Control. University of Kentucky, 1983. Florida Concrete Products Association. Pervious Pave t Manuel. 1989. Harper, Harvey H. "Effects of Stormwater Management Systems on Groundwater Quality." Interim report for Florida Department of Environmental Regulation. January, 1988. Harper, Harvey H. "Fate of Heavy Metals from Highway Runoff in Stormwater Management Systems." PH.D Dissertation, University of Central Florida, Orlando, Florida. 1985. Harper, Harvey H., M. P. Murphy, and B. H. Livingston, "inactivation and Precipitation of Urban Runoff by Alum Injection in Stormsevers." Presented at 6th Symposium on Lake and Reservoir Management, North American Lake Management Society, Portland, Oregon, November, 1986. Hartigan, John P. "Regional BMP Master Plans," Proceedings of Urban Runoff Technology, Hngineering Fonadation Conference. Henniker, New Hampshire, June, 1986, pp. 351-365. Hartigan, John P., and T. F. Quasebarth, "Urban Nonpoint Pollution Management of water Supply Protectionm Regional • vs. Onsite BMP plans," 19$5 international sysposiust on Urban Hydrology, Hydraulics and Sediment Control. University of Kentucky, 1985, pp 297-302. Hydrologic Engineering Center. Storage, Treatment, Overflow, Runoff Kodel "STOAT[*. U.S. Army Corps of Engineers, Davis California, July 1976. 6 * • Jellerson, David. "Impacts of Alum Sludge on Lake Sediment Phosphorus Release and Benthic Communities." M.S. Thesis, University of Central Florida, OrlandL,, Florida, 1981. 1 37 D_ r w Livingston, Eric. "Use of Wetlands for urban Stormwater Management." Design of Urban Runoff Quality Controls, ASCS, 1989, pp 467-489. Livingston, Eric, st al. The Florida Developwmt Nannall A Guide to Sound Land and Water Manegausnt. Florida Department of Environmental Regulation, Tallahassee, Florida June, 1988. Maryland Water Resources Administration. "Guidelines for Constructing Wetland Stormwater Basins." March, 1987. Maryland Water Resources Administration, "Maintenance of Stormwater Management Structures A Departmental Summary." July, 1986. Maryland Water Resources Administration. "Standards and Specifications for Infiltration Practices." 1984. Miller, Robert A. "Percentage Entrainment of Constituent Loads in Urban Runoff, South Florida." USGS WRI 84.4329, 1985. Rast, W., R. Jones, and G. F. Lee. "Predictive Capability of US OBCD Phosphorus Loading Eutrophication Response Models." Journal of the Water Pollution Control Federation. Vol. 55(7), July, 1983, pp.990-1003. Roesner, Larry A. "Aesthetic implementation of Nonpoint Source Controls," Proo,aedings of the symposia an Wospoint Pollution: 19$$ - Policy, Eoonany" Ipiag~t, and Appropriate Teabnology. American Water Resources Association, Bethesda, Maryland, November, 1988, pp.213.223. Roesner, Larry A., Ben Urbonas, and Micahel B. Soon n, editors, Design of Urban Runoff Quality Controls. ASCE, 1989. Saint John's River Water Management District. Applicant's Eandbook. Saint John's River Water Management District, Palatka, Florida, 1989. Schillinger, J.S., and J.J. Gannon. "Bacterial Adsorption and Suspended Particles in Urban Stormwater." Journal of the Water Pollution Control Federation. Vol. 57(5), May, 1985, pp.384-389. Schueler, Thomas R. Controlling Urban Runoffs A Practical Manual for Planning and Designing Urban SUPs. Metropolitan ® wasnington Council of Governments, aashington, D.C., 1987. p Shaver, H. Earl. "Infiltration as a Stormwater Management Component, Proceedings of the Urban Runoff Tsuhnology, Engineering Foundation Conference. Henniker, New Hampshire, June, 1986. pp.270-280. 38 d 55 r~rl.~ d t g 1 ,k.. ~ e " ~4 ` ~4 Q' Y (tom 5. S' . Y 5]A!} L J ~ i w Ih..J 14g8adRNo 4r~oi~dal lRr~,~ fktre Stenstrom, M.R., G.S. Herman, and T.A.,Surstynsky. "Oil and Grease in Urban Stormwater,0 Journal of Environmental Engineering. Vol. 110(1), 1984,pp.50-72. Suwanee River water Management District. Appiicaat'a Raadbook, Suwanee River water Management District, Florida, 1966. Urbonas, Ben, and Larry A. Roesner, editors. Utbas Runoff Qualityw impact and Quality Rahascemest Tee solo9►. ASCE, 1966. U.S. EPA. Freshwater wetlands for wastewater Jtwsemest =andbook. EPA 904/9-85-135, Washington, D.C., September, 1965, U.S. EPA. Results of the Nationwide Orb as Runoff Prograaw Volume 90 Final Report. Washington, D.C., December, 1963. Wanislista, Martin P. "Quality Considerations in the Design of Holding Ponds," stormwater Retentios/Detestios sasins seminar. University of Central Florida, Orlando, Florida, August, 1977. Wanislista, M.P. at al. *Serwt Management Practices-Enhanced Erosion and Sediment Control Using Swale Blocks." Florida Department of Transportati(j►; Report FL-ER-35-67, September, 1986. Wanielista, M.P., and Y.A. Yousef. "Best Management Practices overview,0 Proceedings of the Urban Ramoff Of AN Iloaj, Ragia ming Foundstioa Coaferese, Henniker, New Hampshire, June, 1986, pp.314-322. Wiegand, Cameron, at al. "Cost of Urban Runoff Controls," Proceedings of the Urban Runoff Technology, Ragineering Foundation Comferesw. Henniker, Now Hampshire, June, 1956, pp. 366.380. Yousef, Y.A., at al. "Fate of Pollutants in Retention/Detention Ponds," Storsneter Management: An Update. Publication 85.1, University of Central Florida, Orlando, Florida, July, 1985, pp. 259-275. r 39 { \ 4 • q i i I h . Zpfi T y tly '~}f ~ yy' ~ . ~ 1 2j) 4yrj}~,r5 vr'4~*.~S.. r C gt~ Y • . • c! 1•.~:~ v v f,'+~.lS ~~•19 ~d~~ jlb15Y1?~~r~,~~°+,~iN{St 1 A Lam p3 ~ ~rv a 6 ~ ,it "4y rye ~yu r•- r J {ffd ~C9f- 1 i' A alp rr Vy\ A Sf I i STy3{ { is : ! r r: r . . _ '~itip"f~l~'•~Ja~,.~.drw~rn,~lk~ BBCTYaN PAPER F=rmg The documents included in this section do not represent any conclusions of the Committee, nor do they represent any facts developed by the committee. They are only intended to indicate the type and extend of information presented to this Committ6e to assist in their effort to develop the conclusions and recommendations presented in Section V. r jj 1 3 40 \S 1p1{Y it r k.<- w a.h I w • ngondaNo Agvdallom f:ale.~ EXHIBIT I WORKING PAPERS FROM MINM8 OF MEETING ON JULY 24, 1991 COMMITTBR USER FBB ANALYSIS PRO'S 1. The Store Drainage Department would not be competing with other departmenta for the same budgeted dollar. 2. More equitable because all improved property pays. 3. Allows the City to address present problems as well as future problems. 4. Can be used as an economic and redevelopment tool. 5. Permits cost/benefit analysis for projects. 6. Allows for proactive preparation. 7. Increases individual responsibility/provides incentive for quality and quantity control. 8. Permits long term planning. 9. Can be phased in over several years. 10. Allows funding for other priority needs. • 41 J; r~i lF ~r,~Fl }fib\43k ~~'(}Y1r~~l ~~s Ali/f^'*Zti L'F. ~t~ t K 4 MY j 4l., r 'arc 'i "ay` 5'ri' > a - 4a~ f Y. 1# N }1 $L~„ 01. 1 ..r .1 ...ri r r.. ...r. . r:. ar r.,.r..:... n r, i...w ...r `ILV..Yl4~At9nl~p` rV I1nl~n.r 4sendo fVa MNIS 1. Lack of urgency/BPA regulations currently do not,'aifect Denton. 2. Shitting payment from ad valorem to user tees. 3. Financial burden to unriversities and schools. 4, User foes are more regressive. 5. User fees are not tax deductible. . 6. User fees are considered flexible taxing. 7. User fees are considered another taxable method. t i2 ,r r,x11w .iF. ~!~vtitrt,tr,F 1~ ~r.~l.~, Icy 9 1 O • E*IIBIT II WORKING PAPERS AUGUST 20, 1991 DRAINAGE UTILITY COMPARISON CHART OF OTHER CAVES 38,000 , , PROJECT STARTED AUG 1989 JUNE 1980 189 _ AUG 1000• IMPLEMENTATION OCT 1990 1982 SEPT 1991 JAN 1001 DATE RESIDENTIAL 8Y UNIT _ BY UNIT BY UNIT BY UNIT P- 71EpED w PER WTR MTR PER UTILITY BILL <700D SO FT 7000•-10,500 SQ FT k L71 FAMILY u BY UNIT BY UNIT BY UNIT IMP, ACRE BY UNIT WHO BILLED OWNER OCCUPANT OCCUPANT OWNER OCCUPANT PER WTR MTR PER UTILITY BILL PER WTR MTR PER WTR MTR PER UTILITY BILL • WHICH RATE.- _ APARTMENT COMMERCIAL RESIDENTIAL OOMMERCILL COMMERCIAL COMMERCIAL/ PER WTR MTR BY OCCUPANT BY OCCUPANT MTR -g`Y p~CUPANT STRIP BILI.E0 HOSPITAL YES YES YES YES CHURCH YES YES YES YES YYES p ES. z'{ SCHOOLS YES NO NO YES YES • USE OV£RVMENT YES NO NO YES YES__-- r., ~ ° • CONSULTANT NO NO YES NO YES I OTHER ~ PRELIMINARY u FEES NO UTILITY BI r a r EXHIBIT III WORKING PAPERS AUGUST al, 1991 COMPARISON OF DRAINAGE UTIUTY FEES OF OTHER CITIES r IMP COEFF IRESIDENYIAL $1.43 $1.00 130 LE GAKAND <SF 7 SF 7-1C,600 $1.00 >SF 10,600 $2,00 $3.00 MULTI FAMILY 0.6 $1.43 (5) $0,60 $14.04(l) $2,50 0.86(3) $13.07(4) COMMERCIAL 0.9 $12,81 (6) $10.00 $14.04(l) $1142 (2) $12,05(3) $19.80 (4) HOSPITAL 0.26 53.60 (6) ? $14.04(l) $4.97(g) $8.82(3) $5.45(4) CHURCH 0.26 $3.50 (6) 7 $14,04(l) $4.27(2) $8,82 (3) $5.46(4) SCHOOL DIST. 0.26 $3.50 (6) ? ? $4.27(2) $8,82 (3) $5,46 (4) UNIVERSITY 0.26 $3.60 (5) ? $0,00 N/A GOVERNMENT 0.25 $3.50 (5) ? $0,00 $4.27(2) 0.02(3) $5.45(4) VACANT 8 3 GENERAL NOTE; ALL FEES EXCEPT RESIDENTIAL HAVE BEEN ADJUSTED FROM FEE PER IMPERVIOUS ACRE TO FEE PER #ok:r, 47 PER ACRE OF DEVELOPMENT, SPECIAL NOTES : • G' (1) AUSTIN -MINIMUM CHARGE OF $2.55 PER MONTH, STRIP CENTER OCCUPANTS AND APARTMENT OCCUPANTS BILLED INDIVIDUALLY FANCE AUSTIN ESTABLISHED THEIR UTILITY PRIOR TO S.B. 1409, THEY MUST MAKE ADJUSTMENTS 1A ACCORDANCE WITH THE LEGISLATION (2) BEDFORD - BASED ON IMPERVIOUS SURFACES PRODUCING 2.5 TIMES THE RUNOFF OF VEGETATED AREAS AND AVERAGE SINGLE FAMILY LOT m 8,840 SQUARE FEET WITH 2,727 SQ, FT OF IMPERVIOUS A EA l . r • n i'l:~in: ~,2":.,Yi't1"65`Yt'~LWYer,6~eszs+,svLwfna~r...,rn+.±u,+.w..!.r«w..,.,,..,,,,,..,............w.,., ......~..._»~»...........d...,-............,...«..,..«.•.,,....w!K, r,a:.+++nLCraaerocace~L :c EXHIBIT III (OWInwd) (3) EULESS - BASED ON IMP. COEFFICIENT OF 0.6 FOR FIESIDENTUL,GOVERNMENT,SCHOOLS, CHURCHES AND HOSPITALS IMP. COEFF, OF 0.36 FOR PARKS AND VACANT LAND. IMP COEFF OF 0.66 FOR MULTI-FAMILY IMP, COEFF OF 0,86 FOR BUSINESS, INDUSTRIAL AND MISC. (4) GARLAND - BASED ON $0.05 PER 100 SQUARE FEET OF IMPERVIOUS AREA. CHARGE OCCUPANT, OF THE PROPERTY. (6) DENTON - BASED ON ERU OF $1.36 PER MONTH AND 614.01 PER IMPERVIOUS ACRE. (AMOUNT NEEDED TO FUND CURRENT DRAINAGE DEBT AND OPERATIONS,) (6) S.B. 1408 AMMENDED H.S. I WT TO SPECIFICALLY EXCLUDE VACANT LAND r NOTE ; j FOR MULTI-FAMILY, DENTON, ARLINGTON AND BEDFORD BASED ON CHARGE PER UNIT, ? AUSTIN, EULESS AND GARLAND BASED ON CHARGE PER IMPERVIOUS ACRE, COMMERCIAL THRU VACANT BASED ON ONE ACRE, EXCEPT ARLINGTON WHICH IS A FLAT RATE. !7 G • , i' i r 1 ~ it l- } W ti; t w • '181T IV WORKING PAPERS NOVEMBER 18, 1941 RELATIVE IMPACT OF VARIOUS FEE MET}1008 SINGLE FAMILY 8716 0,38 2049 $697.088A76 (2~,M11 (1Y;~ (330 (1168 214 1 1;136 258 ~ 1;~1 (f2612~ X38,866 MOBILE HOME (1e1 0.80 478 121,47r~36 6,076 4,083 8819 s~p app ,~s~0p, 4 (116 11,0 (•21,900' (121;847 17 DUPLEX 48 0.36 $12,210,978 (1210 $2,820 82,618 82,616 14,682 MULTI FAMILY 624 0,78 441 $188,684,730 8,143 4,811 ($32?U ~~63.M (8,15 (s111;m (s °2, j (j111217 182,140 COMMIRETAIL 702 0.40 832 •987 ,174,334 7,898 8,1N •108,415 •108,218 •108,215 $137,792 OFFICE: 178 0.90 169 •16,430,804 1,984 1,665 sue, $26,860 $M,857 18,188 INDUSTRIAL 831 0,70 682 •388,777,41 7,270 5,807 •97,964 07,771 •17,771 •137,843 INSTITUTIONS 1601 400 ' ($310, (010, (1310,651 CITY 25 0.25 a 33 0,25 8 177 a0 11•1,037 $1,034 •1,030 COUNTY DISD 303 0.25 78 18 743 ,E •1,387 11,300 UNT 415 0.25 104 1,207 1,018 1$12,173 $1712,744 •12,761 TWU 270 0.26 66 844 Nt 8 $111,476 ,441 •!7,438 STATE ,372 $ 111,347 611,344 STATE SCHOOL 260 26 00'~ s 781 812 110,523 s10,607 810,603 78 81 $1,061 $1,081 $1,047 FEDERAL 30 026 8 1 73 $1,267 $1,861 $1,263 CHURCHES 260 0.25 63 701 812 $10,623 $10,607 s106N PARKS 625 O.OU ~ ~ Wan VACANT 5841 0.00 •276,121,383 J, TRANSPORTATION 3436 0100 $Icw8i o AGRICULTURAL 0 0. 16 906 00 ,,973 TOTAL 23298 4755 181 767 71 _ 88a7S 8 =3~4 a • OT 20962 8638 4{124 000 000 000 1 IMF - Lm"oY0OJf ANNUAL CHARM HI1 ONSR"000 ACRR 110NTHLY itq.11 VU - SOMLM FAMM.Y UNrr ANNUAL CIIAROR FIOR IFU (16,1 _ 14,01 $18,47 MRU- MOUIVMAMrRMMMMMmALumR ANNUAL GIAROR 1RR ORO $17.16 (18•~ 1.12 (1, • ARIOINAL MUM NRRF AM SAM ON TNt FLANNNq DMFARTMIIR I OFw10t/ 141R.Y RMNO M15AL ACRM AM AN AV 1.43 NAGS IMAM M 1.0T. NUNWIf 11() UWtWT ADAATISM OF lMM NUMM/I OF M MM MM ON 7MM FOF =OU FAMILY tM"AND A 54460 M t&T. MOONS I MRN N111E ADME, ACCORDIN01.Y MMMD ON 5.460 M LOT. ■t1MA dim yj 4, * 11• JC'%M'~1ts.N'S~nR. ~MW~k1NMKWRV~aMem.+Ur,`ma~au.r..+ww~..whs..w.ar.e.w.,«....ai..'ww..+.......w....ww....,.....`....a..urwwi~i... i.ir..u.•~~.i~r.rw.w.r+wmNaiaM•hMwMxrNP'MYP1s~Y• ;'.Y E*BIT IV (ca*koo NOTES: (1) DENTON COUNTY APPRMSAL DISTRIOT IS THE PROW SOURCE OF DATA OTHER DATA 18 FROM THE CITY OF DENTON PLANNING DPARTMENT OR IS ESTUATED, (6) APPRAMAL DISTRICT DATA IIDIWAIU AN AVERAGE OF 32M IF PER RTA004AL LOT AND PLANWW4 DEPARTMENT DATA INDIOA70 17W OF, 6,000 TO 16,000 OF IS CONSIDERED MORE TYPICAL. OOIT! MAW* SEEM to INOLUOB HESNXgNcsS LOCATED ON LAROE AGREE. 10.000 SF PER RESIDENCK IS ASSUMED FOR U" IN TAM ANALYSIS. (9) ASSESSED TAX VALUE IS A68UMED TO MM ANY ALLOMO EXEM li&g, M v 1 h to ~wof r `ltx` l ~,,v.v +~~•a~ww}'~f..yf:.,;~ .le i t'1'4 • • r r~~' 9f lil-S 4 • . ~ a.., .......,..,w.rrraru+vtn~MllNilHy`✓~1/aNjk~~!{J• Ag~etlalta Rats ,o"*N SIMON a su~eza r+sss r • 46 t r . ~d~l t t' 1r n 4 h A. • • • ll':"1'%'Yh9tK`.B.MW}WL2%~`.*31GV.o\MM40.KtVepin,Rana.Gamwww.aewn„w?vw,wwxww.r.arw...r:r»wvr.wnwnrwwwv,nr..w...rw.w.r...e.rwn.........~..,.«.....ww.....w+r+.w.yr+ssw.x~ ~ EXAMPLES OF CHARGES FOR STORMWATER SERVICE USER FEE VERSUS AD VALORUM TAX TYPE OF 0USTOM1E a ~~WM p p~ ! tMAa1 ~plt ' A YAccmUM "TA1t RETAIL 7.408 {2.7#71504 0.96 7.038 {1,159 11,1199 RESTAURAYT 0,540 5290,244 0.85 0.51 9 e6 {1,039 BUSINESS 8.685 {723,820 0.50 4,798 00 i7 Slid $109 SMALL BUSINESS 1.325 x91,230 0.60 0.683 i {111 $1,0#6 1272 STRIr CEN SEA 1 7.220 $4,372,218 0,96 0.883 86 $1.193 = _ $34 STRIP CENTER 2 8.559 $3,403,403 0.95 8.131 101 11,307 $1,641 STRIP CENTER 3 3.62# 82,200,799 0.96 3,350 42 $663 {!,040 $1,277 APARTMENT 1 9,242 $51008,300 0.79 7.301 $7118 sm APARTMENT2 3.004 $!,360 $1,227 0.79 2,373 30 1900 E1~ {1,878 APARTMENT 3 0.790 $812,010 0.79 0.624 a 1106 $141 $673 CHURCH I 2.412 0.6a 1.360 17 ~ no $192 CHURCH 2 - 3,802 _ 0.e7 9.307 41 AW, - 74S BA8LD ON ; ANNUAL CHARGE PER IMPERVIOUS ACRE - RANGE I RANGE a /168,10 TAX RATE (DRAINAGE SHARE } $m," $0.08763 • ui Wj m pl (U g O j I .t ~511 J,' r ~~enda I)Q r .R. ( Fie' errand Wmt MaI1M11M14p / Mww • ~Ar ti chairman o/ r Dr. Vera U*rshner TX 7 02 2312 Stonegate Circle 1 Komi 392-49 Denton, TX workr~: 11 Howe 393-2107 (Chamber ef'Comwrce) Works 898-2440 Dorothy Adkins (?N-tducatloml Foundation) 2115 Glenwood Lane ✓ ion rqe W. Gibson Denton, TX 1 397-1007 TX~ Work: Retired Nwwl 3S7- 8 (League"cf~Waaien Voters) (Resident) Bill Angelo * Hark Hannah, Jr. Dr,.ec, 1112 N. Locust 3•f Et-lNAo 46 as 87 N3ew~n*382-617701 ton, TX 76206 S~. vv as o -52630 75 r.Zos~ `gork: $66-9420 t7rk:l 566 sinesm-Safeco Title) (Community services) (Local 8LIAM /820Ray Appleton# III Laney Groervood Denton, TZ 76201 Hodses $65-078 0 -80 Works 565=1255 (Planning i toning Conwlttes) J* X.L. (Skip) lfeard 2304 Stonegate Circle r Dencon, TY 76205 76 1 Bowes 387-7275 -22 Work: 387-4301 _ (Turbo Refrigerating) iob Nelson *Ray MCFarlane 0/0 215 E. McKinney c/o UNT Physical Plant complex Denton, TX 76201 PO Box 13527 Ooee: 382-3736 • Denton, TX 76203-2357 W(orkr 566-8230 Howes (Utility Admin. Dept.) Work: 56-2751 (Dir. of Physical Plant-UNT) * Dr. Don Smith 2107 Everson Lane Karen Feshari Denton, TX c/o 215 E. McKinney Nome: 387-5126 • Denton, TX 76201 York: 565-2011 or 565-3597 s work: 566-8350-1 (Resident) (Planning Dept,) C r ~ 1 ~t) d+!> 11 y ( 1 ' It 1J 1' ~0.! ~r~'fi( l !'~t 13 ,.~1 R r S] rI~'.~ l ~ X `-6ry~ ~ M sMt 9 F iT) f 7 ' i. S: U, 1 : . airs YV pSP/M1 SA . N/A • Anger Wright support Staffs Isom Crescent Denton, Tx. 76201 Log Allison V movies 565-9744 Project Manages Works 387-4031 363-7194 (DIED-Utility Mgr.) Nancy Motlrt * or. John Thosspagn Administrative Asst. Si;-8514 I3311 Darby Lane Denton, , TX 76301 Movies 387-3635 IT*nya wiiliame Works SSS-2332 secretary (PUB) 366.6452 . 60 Ticknor 0/0 215 X. MCXinney Dsa}ton, TX 70201 Movies 302-9775 Marks 566-8270 (Paris/me Dept . ) * Ralph Morrison 73irsWrldge p,l i. t3f - 74 - works' (Resident) i EREO 1111a nolwn383-8 8 Works" 1 (1 + indicates voting aabers Page i a .r ~SYa 1 i A a 1ti~ f^ a'J 1 ~~ti, i 1.. 4{ tl} 019 yl Nr r(~ '0.'4 i 1 Y r CITY OF DEWON DRAINAGE DIVISION EXPENDI7M SIMdARY 1989-90 1990-91 1990-91 1991-92 ACNAL BEMGET BSTD4An BASELINE Personal Services $227,981 $223,658 $2060302 =2250684 Supplies 360930 23,490 300002 310881 Waintenmce 83,486 720047 81,807 62,082 Services 170686 990618 770573 590096 Fixed Assets 29,863 100 65 1,154 TOTAL $3950946 $4080913 098,669 $379,897 lA2/071591076 L r1~ 4l S It-,yb~ j f M1~ h L f- o • i CITY OF DENTON DRAINAGE DIVISION WORKLOAD MEASURES 1. Requests for Service Received. 139 470 1,364 1,364 2. Work Orders Completed 137 360 1,243 10000 3. Curb !Liles of Streets Swept by City. 254 20500 10965 3,676 4. Curb Milea of streets Swept by Contractor. 133 1,176 127 -0- - 5. Ditches Cleaned (ft.) 300651 260000 450600 450000 6. Channels Reshaped/ Constructed (ft) 100560 15,000 300000 10,000 7. Number of Bridges Cleaned 72 400 72 72 8. Number of Inlets and Culverts Cleaned. N/A 150 150 150 9. Drainageways Mowed (ft.) 100008 0 1,275 0 10. Debris Hauled (Cubic Yard) 2,000 20000 90666 2,000 11. Loads of sweepings 628 87 87 87 12. Materials used (o.y.) N/A N/A 87 20000 • 13, Trees Removed 14 N/A 45 20 14. Ditches SprAyed (ft.) N/A N/A 39,000 20,100 15. Culvert i Pipe Laid (ft.) N/A N/A 630 -0- 16. Concrete Bottoms Installed (ft.) N/A N/A 150 -0- 1 ~rrt tp wi ~~.PIN • ~n , I~141~tq ~thS {J~{'rk )~µi.}~rJi~,jy~~l ~r t~ t a C1P DRAINAGE PltQJECfS CCWLEM SINCE 1985 COMPLETION PRQ1ECr DATE OOST 1, Prairie Street 6/2"185 $ 490448* 2. Panhandle Drainage 8/16/85 767,616 3. Stanley/thou" Drainage 1/24/86 S660976 4. Welch-Mulberry to Hickory 6/30/87 210,753• S. Locust Street 8/24/87 4670904" 6. Glenwood 11/17/87 4S40161* 7. Yellowstone/Prairie Drive 11/17/87 710,460+ 8. Lillian Miller 12/00/87 368l194* 9. Lowrr Pecan Creek 1/24/88 1100078 10. Avenue C 3/15/88 4200476* 11. Woodrow Lane Box Culvert 8/19/88 660368 12. Southeast Airport 12/14/88 S30,947* 13. Taylor Park Drainage 1/18/89 3030850 14. Teasley Lane 1/18/89 3709100" 15. Woodrow Lane/Burning Tree 9/15/89 1,5940380• 16. Magnolia/Boliver 10/13/89 6030359' 17. Aare/Davis/Audrs 2/09/90 3460119+ 18. Malone Street Drainage 3/08/90 459OS96 19, Bonnie Brae Paving and Drainage 1/05/90 115220152' 20. Ave, A/Ave. E Paving and Drainage 8/09/90 410,654" 21. Oak/Hickory/Fry 2/01/91 10182,877+ 22. West Oak 4/01/91 341,986 i • Denotes projects which include drainage and street paving work. U2/07129107S/1 r; 1 a ,.h~ ~ S°Yry ~',h rk'~..s s s"'fi{-s s* ra=,~' c gam: e ~ 1 _ r 4 !y • -Vd3 No aQe~R~~altar~~ ` CIP DRAINAGE PROJECTS " UNDER CONSTRUCTION EST. DATE PROJECT OF OONIMION Cmr 1. Bell Ave" Drainage 7/91 $ 330,247 2. Mingo Road Drainage 7/91 240,494 3. Scripture St, Paving and Drainage 7/91 1470554 4. Hix/Locust Inlets 7191 75,000 S. Willow Springs Drainage 8/91 4630426 6. Laws Del Rey Drainage 92 100000000 7. Muter Drainage plan 92 4250000 8, Drainage Reg, Rewrite/Drainage Design Maori 92 250000 9, Alexander St. Drainage 92 "Jol TOTAL $207930602 i i 9 ~r Ww lA2/071291075/2 "i ae [ Y § K..X P x r s4'5 p air yii&a' a wa_€si *f .c fax t r 'r f x :i''~,1 v.°' L { r%i • • , . . .,....,«~~LIr,.w:N. •Y.4nla'(!#YP;1S~~~tF~uS`I 'Jd~~u lYa 4C(d+fi.il1GiA DRAINAGE PROJBL75 INCIAW IN 5 YEAR CIP YFAR EMM41'1ED PNQ16(,7 Sf38ULAD COST 1. holly HillArApidge Dralnase 91/92 : 292,000 2. C*Wr Creek (2iaeml Phase I 91192 mm 000 3. Pecan Crook Jlnprov~ts 91/92 349,000 4. Domtow Master Plan 92193 520000 S. *vs. G Drainap DAfsll 92193 1390000 6. Mll*0W*rae/Alexander DralmSe 92193 1360000 7. Cooper Creek Phase 11 92/93 6080000 S. Pecan Creek/Robertsm 92/93 6070000 9. Poem Creek (Kerley to Moodrow) 93/94 1,395,00.9 10. Cooper Creek Please 11 93/94 643.000 7ril'AL $500270000 a lA2/07129107S/3 ~jw; • - i V ~ ti,:, !ti (1 , fSY ~~1A3 j9~~1f k k~~t~,~A ~r y~ i I~y,^ f w 1 `5~'~ „r i i „o,. .:m,w .uff+.^^.aAA.II..P.i«, AMAfi\NfY•.AM.A~4~.~f1t1~. DRAINAGE PROJECTS SUBNITT D BIIr N0T INCLUDED IN CIP PROJi3LT ESTII4ATSD C06T I. Sequoia Park Drainage 51,041,000 2. 7bunderbird Drainage 84,004 3. Daniels/Port Worth Drivo Drainage 330,000 4. Port Worth Drive Drainage 5370000 5. Pecan Creek (MA&,ll To Woodrow) 101850000 6. Cooper Creek Branch Drainage 90000 7, Boor :3treet DrairAV 610,720 8. SF,a,iy Oaks Drainage $650000 9. Coit street Drainage 4800390 10. Ranch Estates Drainage 6640000 11. E. Hickory Street Drainage 1430300 12. Oakland Street Drainage 9070250 13. Northridge Drainage 233,880 14. Strickland Jr. High Drainage 78 7S0 15. S. Ruddell Street Drainage 2SI0800 16. Highland Park Road Drainage 162.500 TOTAL =7,3640590 i 02/071291075/4 x Ir 3 ~~'rti 1~~' A _ w A COMMUNITY SERVICES DEPT./DRAINAGE DIVISION PROFORMA 1990 - 1997 ACTUAL FY FY FY Fy FY FY FY lei .lilt .oral m lm 1W im pftvo 9V.W 202,302 225,14 0261710 WA4 419,010 909,IOd 539.939 swo m 01.100 30,909 31,001 0075 35,140 40" 44,Mt 41,IM Makllw mce 4400 51,107 at= 16,IAA 10,446 00.tt7 ",77! 97,140 tlrvlAn 17,900 "AM "A" M.2N 121,400 16111" 139,"4 179„114 Muuranoe 10,000 10000 11,000 Ili" 12,t29 lsvu 13,571 1040 MrwdYy r_ 0 0 0 060 60 00 0 00 Tawftp eee 379AM 401,54 30,743 646,677 Mm 717A13 90t.15t "1001 Mod mom 20.663 M 1,14 31000 17,000 3000 3000 6,900 oebl'en4Ce 215.000 216,000 307,000 449A00 449A00 MAO 914A60 4M 0pw bow" ara 0 0 0 0 0 0 o p Tdw etw►-qe E+~eneee 247,1103 210,M 006,154 MOA00 000,009 01A00 917,000 199,000 449" SM40 MM? 1,04,577 IMOV cotist6l tlelee Fweore,M: 1910. 19" keWee eddelonel Newry E4nfp, Operator ! / Iw,lperartee 194 - I07 look" new 94wkNergwM; gwon. 191! - ,197 WA WW 1«o near Nervy Ep111Mrent C1lereler p4 %ft f►ropren,e: 9W - Inokrdee e2l,ooo for Hy0romukh propam eM,d, w1M t14 Tad ow by 15A00 for each yew 1010 - 1997. AdOW" Epufpnl«,1: Ilepac4nw4 FgMmerM: lm - sow Alo-v t903 - Fldk-up.OAM, Dung Truck 19M - 0-3 Doeu end Boom t4ower, 114 - D" Tmo w4 sebw Loader 1997 - 9waePer ,900 - Loader. Wamv, and 9yW" 1997 - Treoklo ft wW !eloper 5 y~ ~{Jencla N0 (Ii., tar,, APPEWU I I A r+ 1ti t e v rr dw wy `+c~ x ~ i i ~`r s. w i -sP . ai•.•.:e.vsavw>.v: fM'.tYl?ff'ILilF9GaYiXr 'a. ~on~1a Plo. CHRONOLOGY OF MEETINGS 5 7 3 '-----..r,~ 574 BLUE RIBBON COMMITTEE FOR STORM WATER UTILITY 575 A. Phase I 576 1. Wednesday, July 10, 1991 577 2. Wednesday, July 17, 1991 578 3. Wednesday, July 21, 1991 579 4. Friday, August 9, 1991 580 5. Friday, August 23, 1991 581 B. Phase I Presentations 582 1. Public utilities Board, Wednesday, August 14, 1991 583 2. City Council, Tuesday, September It 1991 584 C. Phase IT 585 1. Friday, September 6, 1991 586 2. Friday, September 20, 1991 l 587 3. Priday, November 1, 1991 l ! 588 D. Phase II Presentations 589 1. Public Utilities Board 590 2. City Council 591 Appendix I . r41 f~ ~`{~Y t` 'tea. r1 ' ~d t yF tS SI7.F. 1 -'•st :r`r*-g• as gty ryh §'~4Stt'E? P'~ 5 - l d 6' rii q,< .....u. w . . .<..cN'•y.!yV-:pn[aF GYP;"tRK1i'!RI4~try£'~({~MIyS~VPRBBEN'TATIOMfa TO 5 Y ! BLUE AI8" camr?2'EE TOR 570RM WATER UTILITY 594 ORWNfIZATION 595 Lloyd Harrell, City Manager City of Denton Issues S.urrouediny; 596 the Development of 597 a Storm Water 598 Utility 599 Lee Allison, Director City of Denton Regulatory looms . 600 Bill Argelo, Director City of Denton saisting operations 601 Jerry Clark, Director City of Denton Flood Issues 602 N Moffat City of Denton SnablingAdainistrative 60) Services Cord. Legialat:on 604 Lee Allison, Director City of Denton rinanoial Iwpaet 605 Larry Shaw, Senior Manager Peat Marwick rinanoial Issues Management Cons. Aooountability and D3 Squity 606 Tors Hart, City Manager City of Kula$$ An Overview of the 609 tuless Storawater 610 Utilities. 611 Joe Morris, Asst! City City of Denton Legal 0uestions 612 Attorney 613 Hanay Moffat City of Denton What Other Cities 614 Administrative Services Cord. are doing. 615 Appendix iI F , 1 J 1. ....._..,.F.... „ ....Sr a -..sw....r....w.-qw.....«.._.~,. r.rr.WaYrrn•.r~w...--, •7.'~rs ~i,;:; ,l' FSjj;1 4 • 4 , .5 E to yV 7..i ~tl9r~( `C~ti~',~•i+y~,.~Y 4 e illy • t a rv. ;.,.,..<r...¢.r....ve 'pu;•ra p\'':4.'V •.+yly DRAINAGE UTILITY COMI ARISION CHART k ;i r1 KS ~~!"=.5. ~7 r•S'RK p✓^`3QQ.AC<.t RLr ! r$'t.P h! POPULATION "o,wo 45,wu 38,= PROJECT STARTED AUG 1999 JUNE Inn AUG 1900 IMPLEMENTATION OCT 1900 1002 SEPT 1901 JAN 1901 DATE - - - TIERED REBIDENTiAL BY UNIT BY LINTT By UNIT BY UNIT <nMSOFT PER WTR MTR PER UTILITY BILL 7000-10,600 SO FT >190-M-SO FT_ - - MULTI FAA66y----- BY UNIT BY UNIT BY UNIT IMP. AC BY UNIT WHO BILLED OWNER OCCUPANT OCCUPANT OWNER OCCUPANT PER WTR MTR PER UTILITY BILL PER WTR MTR PER WTR MTR PER UTILITY BILL WHICH RATE APARTMENT COMMERCUI RESIDENTIAL COMMERCIAL COMMERCIAL COMMERCIAL/ PER WTR MTR BY OCCUPANT 8Y OCCUPANT R WTR MTFI BY OCCUPAN STRIP BILLED HOSPITAL YES YES YES YES YES CHURCH YES YES YES YES YES SCHOOLS YES NO NO YES YES GOVERNMENT YES NO YES YES _ U8E CONSULTANT NO NO YES NO YES OTHER PRELIMINARY NIO UTI FEES 0 ~ i I it ~ y • • 'f RATE ANALYSIS FISCAL YEAR .000 SQUAM FOOT OWSIDENTLAL LOT WTH A C00WKWUl 00 3 BUSINESS AT : OlIX&OW CT INSTITUTION AT : S` OIISCOUNT SINGLE FAMILY $259,334 $336,635 OB $6,059 MILE HOME $25,293 (14" osouN~ H IdW DUPLEX $5,977 $4,682 BUSINESS MULTI-FAMILY $110,567 $62,140 COMWRETAIL $142,178 $137,792 OFFICE $35,716 $6,166 INDUSTRIAL $130,873 $137,643 INSTITUTION .01TY { $5,887 COUNTY $1,854 DISD $17,066 UUN/T $23,348 I nU $15,194 e STATE SCHOOL $14,059 I STATE $1,404 CHURCHES $11,261 VACANT $103,622 AG(1 $3,342 TOTAL $800,OIIi! =800,000 MONTHLY CHAHLNE - SIS.ST ANNUAL CHARGE PER IMPERVIOUS ACRE W4.06 • ANNUAL CHARGE PER SINGLE FAMILY DWELLING SNB $1.60 ESTIMATED A IMASTERI,WK3, 19-80-91 a - ra • POLICIES AND METHODOLOGIES RESIDENTIAL- RESIDENTIAL LOTS CHARGED AS SINGLE FAMILY UNITS MOBILE HOMES- 1. MOBILE HOMES CHARGED AS SINGLE FAMILY UNITS 2. CHARGE OCCUPIED UNITS ONLY 3. CHARGE PERSON RESPONSIBLE FOR UTILITY BILL MULTI-FAMILY- 1, CHARGE OCCUPANT 2.OWNER RESPONSIBLE FOR MINIMUM CHARGE IF OCCUPANCY FELL BELOW CERTAIN LIMIT • 3. RATE BASED ON IMPERVIOUS ACREAGE$ NO UNIFORM RATE • a ~J FOR ALL APARTMENTS moth 3, 19-Sep-91 • d • 4 r . .nAa.•,N':-Vtlu u'.Yh'..F^f 'lM„•M+ , na+r i.... vrr.. ra .<n u.a I..h ( • rtru.A\N1W M9'rvX4':1filY-4J'~1lYI•~M:: t POLICIES AND METHODOLOGIES (CONTINUED) BUSINESS- 1, COMMERCIAL / RETAIL / INDUSTRIAL SHALL BE ONE RATE CLASS 2, RATE BASED ON IMPERVIOUS ACREAGE 3. BILL OCCUPANT FIRST , OWNER SECOND , LIMITED LIABILITY FOF i OWNER INSTITUTIONS- A DIFFERENT RATE WILL BE GIVEN TO THE INSTITUTION CLASSIFICATION ONLY IF THIS CLASS INCLUDES CHURCHES EXEMPTIONS- NO EXEMPTIONS WILL BE OFFERED AT THIS TIME in co ; i n ri~ I' method.wk3, 19-Sep-91 Jj • • • COMPARISION OF STORIMWATER CHARGES $1.43 .00 <SF 7 $1.00 SF 7-10,600 $2'00 0 10,500 $3,00 MUITI FAMILY 0.8 $1.43 (5) 1060 $14,04(l) $2,50 8.66(3) $13.07 (4) COMMERCIAL 0.9 $12.61 (5) $10.00 $14.04(1) $11.82 (2) $12,05(3) *19.60(4) HOSPITAL 0.25 $3.80 (8) ? $14,04(l) $4,27(2) $6.82 (3) $5,45(4) CHURCH 0.25 $3.50 (5) ? $114,04(l) $4,27(2) $6,82 (3) $6.45(4) SCHOOL DIST. 0,21 $3.50 (8) ? ? $4,27(2) $6,82 (3) $5.45(4) UNIVERSITY 0.25 $3.50 (5) ? $0.00 N/A N/A $5.45(4) GOVERNMENT 0.28 $3.60 (5) ? $0.00 14,27 (2) 1111111.82(3) $5.45(4) VACANT Z (1) Austin -minimum charge d $2,53 par month. Strip antes ow PAM and apartment oacupanb billed Individually (2) Bedford - bawd on Impervious surfaces producing 9.5 Imes ow runoff of vegetated • are" and average single family lot - 8810 aquae fast with 2727 eq, fl of ImperNoua area (3) Euless - bawd on imp. coaMiclont of 0.6 fa rasidanIW,governmant *Ww0 a,ohurohw and hospitals. Imp. coeN. of 0,35 for parka and vacant land. Imp ooaff of 0,68 for mutt.fw* Imp, cooff of 0.06 for business, Industrial and misc. May not be able la dwgs for VSAWA land,lp k ma, El' • (4) Garland - bawd on W,oe par 100 square teat of lmpanAous area Charge ooouparn of the property, " . (8) Denton - bawd on ERU of $1,36 par month and 114,01 per imperAws sae, (Iunourtt nwwdd b Lund current drainage debt and operatlons,) NOTE : For muttl-family, Denton,IlllrNngbn and 8adtord based on dwpw par unit, Austin, Euless and Garton bawd on Owps per ImpeMous am, Commercial thru Vacant based on one am, exospt AdMgan which is a Act rate, -51 a 6 COMMIT-11 USER FEE ANALYSIS m~ .7 PRO'S 618 1. The Storm Drainage Department would not be cOMpRting with 619 other departments for the same budgeted dollar: 620 2. !lore equitable because all improved property pays. 621 3. Allows the City of dddreas present problems as well as future 622 problems. 623 4. Can be used as an economic and redevelopment tool. 624 5. Permits cost/benefit analysis for projects, ' 625 6. Allows for proactive preparation. 626 7. increases individual responsibility/provides incentive for quality 627 and quantity control. 628 8. Permits long term planning. 629 9. can be phased in over several years. 610 10. Allows funding for other priority needs. fB CON'S 632 1. Lack of urgency/EPA regulations currently do not affect Denton. 633 2. Shifting payment from ad valorem to user fees, 634 3. Financial burden to universities and schools. 635 4. Ueer fees are more regressive. 636 5. User fees are not tax deductible. 637 6. User t: s are considered flexible taxing. • 638 7. User fees are considered another taxable method. gig Appendix V i 1 1^ 4, ` ( Af Z • L P W 1 RATE ANALYSIS FY 1 992,V~ 10.000 SQUARE FOOT LOT W M A COEFFICIENT OF .35 SINGLE FAMILY $235,734 $338,28$ $598,282 $32$088 MOBILE HOME 1$97,789 $80,370 $80.387 $3,852 2F $3,438 s2,818 $014 $4,842 MFR $2,889 $2,108 s2, i 1 i 018,319 MF1 $07,938 $80,408 $80.606 COMM/RETAIL $129,240 $108,219 $108,230 $138,440 OFFICE $34488 s28,880 $ra8,888 $808 INOUSTRIAL $118,983 $07,772 $071780 $34.390 INSTRUTION CITY $1,280 $1,034 $1,030 COUNTY 6,,886 $1,387 $1,390 D18D $18,613 $12,744 $14781 UNT $21,224 $17,441 $17,438 TWU $13,811 $11,347 $11.544 STATE SCHOOL $12,780 $10,607 $10,600 STATE $11278 $1,051 $1,047 FEDERAL $1,638 $1,261 $1,263 -JCMRCHES $12,780 $1007 $10.603 OPEN $84,342 TRANS AG -$3,282 VACANT TANGIBLE $1,628 1 E- TOTAL 000 , • MONTHLY CHARGE ANNUAL CHARGE PER IMPERVIOUS ACRE $189.11 $14.01 ANNUAL CHARGE PER SFU $18.36 $1.38 ANNUAL CHARGE PER ERU $17.16 $1.43 0 * ESTIMATED , APPENDIX VII • ca • r DE NTQN 0oooooaaoooooQ oo°ti bG Ia CD a o 0 0 0000 N, ~ 0000 aaaaonoo • CITY COUNCIL ~ • r t • o 1 B; \NPDOCAORWAAP.0 agn't Pic. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND CAMP, DRESSER & MCKEE, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO ESTABLISHING A FEE OR CHARGES UNDER WHICH A MUNICIPAL DRAINAGE UTILITY SYSTEM MAY BE FUNDEDT AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORr AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and Camp, Dresser & McKee, Inc. for professional engineering services relating to establishing a fee or charges under which a municipal drainage utility system may be funded, a copy of which is attached hereto and incorporated by reference herein, SECTION iI. That the expenditure of funds as authorized by the attached agreement is hereby authorized. 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 i ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL, FORM: HERBERT L. PROUTY, CITY ATTORNEY BY - 1 y ai`7a1'4~d?~R N1 1~~ i 4 74 t ENGINEERING SERVICES AGREEMENT FOR STORMWATER UTILITY IMPLEMENTATION ASSISTANCE STATE OF TEXAS § COUNTY OFDENTON § THIS AGREEMENT is made and entered into as of the _ day of 1995, by and between the City of Denton, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to as "OWNER") and Camp Dresser & McKee Inc., with its corporate office at One Cambridge Center, Cambridge, Middlesex County, Massachusetts 02142, hereinafter called the ("ENGINEER") acting herein, by and through its represer',"ve, duly authorized so to act for and in behalf of said ENGINEER. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF ENGINEER The OWNER hereby contracts with ENGINEER as an Independent contractor, and the ENGINEER agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professions) standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: 1 The Project shall include without limitation, stormwater utility implementation assistance and the consultant's considerations and recommendations with regard to establishing a fee or charges e under which a municipal drainage utility system may be fltnded either under Subchapter C Page Iof17 457.0450 !n~ 1q r.,iv,Itl'' C • • Municipal Drainage Utility Systems of the Texas Local Government !t Eide._or-under_alw applicable laws. ARTICLU PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and upon issue of a notice to proceed by the OWNER and shaft remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The ENGINEER shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the scheduled established by the OWNER, through its City Manager or his designees ARTICLE III BASIC ENGINEERING SERVICES The ENGINEER shall render the following profession! services for development of the PROJECT; l Upon execution of this Agreement, the ENGINEER shaft perform the following basic engineering services: • Stormwater Utility Implementation Assistance, including without limitation, consideration, recommendations, and implementation of a charge or fee in support of a municipal drainage or stormwater utility system under Subchapter C Municipal Drainage Utility Systems Chapters 402.041, et. seq. of the Texas Local Government Code or under any other applicable laws and • any tasks which are included in any request for proposal or proposal submitted by ENGINEER, 6 Page 2 of 17 457-0450 • • l4, 1 ~ ~Fi,r~~~~1k~'~~~+1 a\~t ~~",J.~J~Ci,~f1. t Agula No which fees and proposals, if any, will be attached to and made a part of tI4Agreemaal fQiAII-_ purposes provided, however, in the event of any conflict between the terms and conditions of any attached request for proposals and proposals and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall govern. TASK ! EVALUATE AVAILABLE DATA RESOURCES AND UTILITY BILLING SYSTEM REQUIREMENTS ENGINEER will coordinate with OWNER to evaluate available data resources for development of stormwater utility billing system account information required to assign utility fees to land parcels. The following data resources will be evaluated: • Existing utility billing system customer data • Aerial photographs • Planimetric maps • Tax plat maps • City G1S graphics/data • U.S. Census ;bureau data ENGINEER will advise OWNER on the use of available data resources to support the development of stormwater utility customer a=Vit billing data. ENGINEER will coordinate with OWNER to establish the utility billing system data management requirements necessary to accommodate billings for the stormwater utility. • TASK 2 STORMWATER UTILITY CUSTOMER DATA COMPILATION AND CUSTOMER BILLING RATE DETERMINATION i • • Page 3 of 17 457.0450 • ~ n r l~ /J }f yx, 1i,~F~ ~r yn~} . • ENGINEER will develop an implementation schedule to be followed by OWNER to meet the January 1, 1996 stormwater utility billing implementation date. The schedule will specify milestones and completion dates. ENGINEER will advise OWNER on procedures to be followed by OWNER for the compilation of land parcel specific data for input to stormwater utility customer accounts. Thls will include training of City staff on use and interpretation of available data resources and on field data collection/verification procedures. ENGINEER will provide a spreadsheet template to OWNER for customer data compilation for transfer into the utility billing system, ENGINEER will review previous studies conducted by OWNER on the development and implementation of a stormwater utility. ENGINEER will advise OWNER on the use of available national urban land parcel impervious area data resources to support the development of a residential billing unit basis for the City of Denton. ENGINEER will also review stormwater utility revenue projection/customer billing rates models developed by OWNER. ENGINEER will advise OWNER on alternative revenue projection methodologies which may be more accurate. OWNER is responsible for the conduct of all City of Denton-specific land parcel data collection and compilation activities, and for all utility billing system customer data input activities. TASK 3 STORMWATER UTILITY DECLARATION AND FEE ORDINANCES ENGINEER will assist OWNER in the development ordinance language appropriate for implementation of a stormwater utility for the City of Denton consistent with the requirements • of the Texas Municipal Drainage Utility Systems Act (Texas Local Government Code, Subchapter 1 C, Chapter 402 or under any ether applicable laws), ENGINEER will provide draft language { which addresses the following issues, • Utility revenue enterprise fund management Page 4 of 17 457-0450 ~kK t'.F1T i 1~ I =T. S k i JY- t- ~t 4.'. t' r t Agelnflwour- • Utility declaration/service area • Customer class definitions • Fee basis and calculation • Fee adjustments • Fee exemptions • Customer appeals procedures • Recovery of non payment of fees OWNER is responsible for finallzing ordinances and providing any legal services. TASK 4 MEETINGS AND PRESENTATIONS ENGINEER will conduct a project initiation workshop with key City of Denton personnel to describe the activities which must be completed by OWNER, provide initial guidance for the activities to be completed by OWNER, to coordinate with the OWNER on the evaluation of available data resources and to present the project work schedule. ENGINEER will meet with OWNER for six (6) hours up to eight (8) times during project duration to provide on-site consultation assistance. ENGINEER will provide up to 40 hours of telephone consultation. ENGINEER will attend up to four 3) public meetings/hearings assoclati with the adoption of the utility declaration and fee ordinances. ENGINEER will prepare presentation graphics ar~d be available tc make oral presentations at these meetings/hearings. • OWNER is responsible for organizing public meetings/hearings. Page S of 17 r 457-0450 _ •I r ~ rt f tir ~ ;Jt r11 ~ Jt "'r ;;r, bs A y ' x' 5 r ~ r i ARTICLE IV ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, are described as follows: A. Refinement of stormwater utility rate policy and customer billing rates, B. Storrnwatcr' utility budget planning and covenant documentation for revenue bond financing of drainage system facility improvements. C. Regulatory Assistance. During the course of the project, as requested by OWNER personnel, the FNGINEER will be available to accompany OWNER personnel when meeting +vith the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The ENGINEER will assist OWNER personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. D, Assisting OWNER or Contractor in the defense or prosecutlon of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement E. Sampling, testing or analysis beyond that specifically included in Basic Services, . F. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or N0 Page 6 of 17 457-0450 ,rr • . r r v i inventories required for certification of force account construction performed by the OWNER. 0. Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system, H. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 1. Appearing before regulatory agencies or courts as an expert witness in any litigatlon with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. Providing geotechnical investigations for the site including soil borings, related analyses and recommendations. K. Any additional services required by the OWNER not included in Basle Services, ARTICLE V RESPONSIBILITIES OF OWNER The OWNER shall do the following; in a timely manner so as not to unreasonably delay the services of the ENGINEER; d A. Designate in writing a person to act as the OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority j to transmit instructions, receive information, interpret and define the OWNER's policies and decisions with respect to the ENOINEER's services for the Project, , • • Page 7 of 17 457.0450 to . . 0 , r.} rf yr~~$ tf,~fi~lri 'Ajifrf(i5( t _ r a tr ~s ~ ~ it r n' wf -f~Y~ r ' 1 1 B. Shall consult with the ENGINEER regarding requirement for the Project, including (l) the OWNER's contemplated objectives and (2) schedule and design constraints and criteria. C. OWNER is responsible for the conduct of all City of Denton-specific land parcel data collection and compilation activities, and for the conduct of all utility billing system customer data input activities, D. Assist the ENGINEER by placing at the ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to the Project E. Arrange for access to, and make all provisions for the ENGINEER to enter upon, public and private property as required for the ENGINEER to perform services under this Agreement, F. Furnish approvals and permits from all governmental authorities having juriscilodon over the Project and such approvals and consents from others as may be necessary for completion of the Project. 0. Provide transportation such as airline fare, automobile rental or subsistence required for the OWNER's personnel to attend project meetings or Inspection trips. H. Bear all costs incident to compliance with the requirements of this Article VI Page 8 of 17 457-0450 l r A " 1' i, 'N .r#{ rr l N ~Y,. t. i ~ Y dy~ R. \ . t I Y~ 4 a y.rt r ~1 t } T 1 1,0 • • - r L ARTICLE VI ^ COMPENSATION Ar COMPENSATION TERMS, 1. "Subcontract Expense" is defined as the expense that is incurred by the ENGINEER in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, and similar services. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the ENGINEER for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. B. BASIC SERVICES: For and in consideration of Stormwater Utility Implementation Assistance services of the Basic Services (Article 111) to be rendered by the ENGINEER, the OWNER agrees to pay based on the Cost Estimate Detail shown in Exhibit A, with the total lump sum fee of i $46,840. Partial payments to the ENGINEER will be made on the basis of monthly statements rendered to and approved by the OWNER; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. • The OWNER may withhold the final5 percent of the contract amount until completion of the project Nothing contained in this article shall require the OWNER to pay for any work which is • unsatisfactory as reasonably determined by the Executive Director of Utilities or which is not • Page 9 of 17 457-0450 to .rri iss. t✓ , 1 y {S (rNVi IfY'rq~`~;'; ~.1 ' ~ v ii~ ~ 0,-........,..•..-.. r. w.: tea.. A ~j JIl 1.:. 1 ~ J~~~f~',rlrlf•f V I.•~MM1~„ r. ' submitted in compliance with the terms of this Contract. The City shall not be requirei723"=` make any payments to the ENGINEER when the ENGINEER is in default under this Contract. It is specifically understood and agreed that the ENGINEER shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the maximum fee as stated without having first obtained written authorization from the OWNER. ENGINEER shall not proceed to perform the services listed in Article IV Additional Services, without obtaining prior written authorization from OWNER. C. ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article IV, the ENGINEER shall be paid based on the Schedule of Charges shown in Exhibit A. Payments for additional services shall be due and payable upon submission by the ENGINEER. Statements shall not be submitted more frequently than monthly. D. PAYMENT If the OWNER fails to make payments due the ENGINEER for services and expenses within sixty (60) days after receipt of the ENGINEER's statement therefore, the amounts due the ENGINEER will be increased at the rate of l percent (1%) per month from said sixtieth (60th) day, and in addition, the ENGINEER may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the ENGINEER has been paid i in full all amounts due for services, expenses and charges. Any applicable now taxes imposed upon services, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the ENGINEER's compensation. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (l%) set forth r Page 10 of 17 457-0450 a ~ r, f a #4 ire P AG herein if the OWNER reasonably determines that the work is unsatisfactory, In accordance with Article VI Compensation, Subsection H Basic Services, ARTICLE VII OBSERVATION AND REVIEW OF THE WORK The ENGINEER will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the ENGINEER or any subcontractors or subconsultanis. However, the ENGINEER will remain an independent contrac,, ar of the OWNER. ARTICLE VIII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. ARTICLE 1X INDEMNITY AOREEMENT The ENGINEER shall indemnify azd save harmless the OWNER and its officers, agents, and employees from the liability of the OWNER on account of any 1Wurles or damages received or sustained by any person or persons or property, including court costs and reasonable attorneys • fees Incurred by the OWNER, proximately caused by the negligent acts or omissions of 'he ENGINEER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Page I I of 17 4570450 ddyy'eed ( (~r f~l.~ ' 11 Y ! • s t ~,r f'?cn{ s f ``'fi'f agi'§a ''>a~g ~s, ' tt g 4 S: rt R't W *p Y.y ~i~ '?f¢ t Fx 4~ r.. i .+:_•.rva:ai?flFwt 4UaY 1~Kl~'{RY.4fYv AgIndo No ARTICLE X Date, INSURANCE During the performance of the Services under this Agreement, ENGINEER shall maintain the following insurance and shall name OWNER as an additional insured on all such policies: A. Comprehensive General Liability insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than 5100,000 for each oceiuxence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Inswance in accordance with statutory requirernents and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. The ENGINEER shall furnish insurance certificates to evidence such coverages. The certificates shall contain a provision that such insurance shall not be canceled or modified without 30 days prior written notice to OWNER. ARTICLE XI ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this • Agreement mr include the other may party to this Agreement without the other's approval. page 12 of 17 457-0450 M1 ` lhty .4~f'hrA'~57 10 • • r t ~r~ undrNa ,Y Ff~~wY~1w~ ` `^Y.. AR IC , TERMINATION OF CONTRACT This Agreement may be terminated by either party upon thirty (30) days' written notice. In the event of any termination, the ENGINEER and its subcontractors and subconsuitants will immediately cease all services hereunder and will be paid for all services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. Should the City subsequently contract with a new Consultant for continuation of services on the Project, the ENGINEER shall cooperate in providing information. In accordance with Article VIII Ownership of Documents, upon the Agreement, all documents prepared or furnished by ENGINEER and its independent associates and consultants pursuant to this Agreement shall become the property of the OWNER. ARTICLE XIII SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of the OWNER and the ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or • interest in (including, bat without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transferss mandated by law or the effect of this limltation may be restricted by law. Unless specifically stated to the contrary in any written consent to an i assignment, no assignment will release or discharge the assignor from any duty or responsibility O under this Agreement, Nothing contained in this paragraph shall prevent the ENGINEER from Page 13 of 17 457.0450 • A ur da'lan employing such independent associates and consultants as the ENOINEiEI~y c~ee appr appropr a pr a to assist in the performance of services hereunder. Nothing under this Agreement shall he construed to give any rights or benefits in this Agreement to anyone other than the OWNER and the P.NGINEFR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. This Agreement, consisting of pages 1 to 17 with Exhibits a^ listed in Article XVI, constitutes the entire Agreement between the OWNER and the ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed maten instrument ARTICLE XIV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other wok; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the design or other work prepared by the ENGINEER, its employees, subcontractors, agents, and consultants, ARTICLE XV 1 NOTICES • All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, certified mail, return receipt requested unless and until either parry is otherwise notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated as of three days mailing, r Page 14 of 17 457-0450 1 A~CI;d~~Na If intended for the OWNER, to: If intended for the ENGINEER, to: City of Denton Camp Dresser & McKee Inc. Attn: Robert E. Nelson, P.E. Attn: George E. Oswald, P.E. Executive Director for Utilities 8911 Capital of Texas Highway, Suite 4240 215 East McKinney Street Austin, TX 78759 Denton, TX 76201 ARTICLE XVII MISCELLANEOUS A. 'The following exhibits are attached to and made a part of this Agreement: EXHIBIT A - Cost Estimate Detail Other Exhibits • requests for proposals and proposals, if any. A. A waiver by either the ENGINEER or the City of any breach of a provision of this contract shall not he binding upon the waiving party unless such waiver is In writing In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or future breach, I C. Upon termination of this Agreement, ENGINEER shall provide OWNER with all I I completed or partially completed documents prepared under this AGREEhiLrNT, but may retain copies for its use. D. ENGINEER agrees that OWNER shall, until the expiration of thr.x (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that OWNER shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the Page 15 of 17 457-0450 r r i}%as~ 1•gdtrmn2 y 4 x.~+3L.ts'3dt° 4 N, f ,r:• _ i x • • A~oada,l~o provisions of this section. OWNER shall give ENGINEER reas"le. V WA,pp1~c of intended audits. E. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This contract shall be construed in accordance with the laws of the State of Texas. F. For the purpose of this Agreement, the key persons who will perform most of this work hereunder shall be However, nothing herein shall limit ENGINEER from using other qualified and competent members of their flmt to perform the services required herein. 0. The captions of this Agreement arc for informational purposes only and shall not in any affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized Mayor and Engineer has executed this Agreement through its duly authorized undersigned officer on this the day of August, 1995. CITY OF DENTON, TEXAS 1 Bob Castleberry, Mayor ATTEST: • JENNIFER WALTERS, CITY SECRETARY By: i Page 16 of 17 459.0450 T j sTry ~ • .,.>~a '~I. tY ^vStiai4, NNW" M~'~rtS I~ M { t^§% $ f j;' .k is Y 'f 9r M7y s+°ro bt 3 , ~c^.#;x4t~ a 1+f ~,,x 5~ °1 'fir Y'7V~ .+-{{1t# A i ~ ¢r1E ~~7 A r ~ rc ~ r. i Udiey,. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ,2 Lw~ By; CAMP DRESSER McKEE INC. Engineer Richard W. Sawey, P.E„ Vice President WITNESS: • RAMOMTAWK l Page 17 of 17 437.0450 • •i, r.i 3r l~ ` t -t \ 'tt . rlo Agent EXHIBIT A COST ESTIMATE DETAIL Task Hours Labor Cost I Evaluate Available Data Resources & Utility 48 $4,940 Billing System Requirements 2 Stormwater Utility Customer Data 122 $11,795 Compilation & Customer Billing Rate Determination 3 Stormwater Utility Declaration & Fee 46 $5,510 Ordinances 4 Mxtings & Presentations 200 $20,070 416 $42,315 Direct Non Labor Expense; Auto Rental IS Days ® $50/day $750 Air Fare, 17 Round Trips Austin - Dallas @ $165 $2805 Lodging/Per Diem 7 Days Q $80 $560 Telecommunications/Copies/Supplies $410 $4,525 Total Cost $46,840 . • r 1 1 i 1 . u - 1 yL. ill lfF~ it 1 ~ dM' ~ 4 ~~,Y Tit , ~~1'„ ~y • ra • DENTON OF D 00 ''o °o on 0 0 1 p0~~ ~~.OdO 000 r o N ~ ~ ~QQ °~QQnooaoo°° ITY COUNCIL a s m • fto!aa - - S' OMAN CITY Of DENTON, TEXAS MUNICIPAL BUILDING • 215 E. McKINNEY • DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 TO: Mayor and Members of the Council FROM: Lloyd Harrell, City Manager DATE: August 8, 1995 RE: Lease Agreement Between the City of Denton and American Legion Post No. 840 for Lease of American Legion Building in Fred Moore Park RECOMMENDAT10 : Adopt an ordinance authorizing the Mayor to execute a lease with American Legion Post No. 840 for the lease of the American Legion Building in Fred Moore Park; cancelling the existing leaser and providing for an effective date. SUHR&RY: If adopted, the ordinance would approve a lease agreement between the City and American Legion Post No. 840, allowing limited use of the American Legion Building by Post No. 840 and facilitating the renovation of the building with Comm pity Development Block Grant (CDBG) funds for use as a senior center. The use of CDBG funds were approved for this project by the City Council on June 7, 1994. • The proposed lease is for a term of ten (10) years, with a renewal option for an additional ten (10) years. Within 30 days of execution of the lease, Post No. 840 would be required to submit a schedule for use of the building. The schedule would be renewed annually and would be subject to City approval. At this time, Post No. 840 desires the use of the building on the weekends and for special events; the remainder of the year will be reserved for use 0 by seniors and other City-sponsored programs or events. • • Tinder terms of the proposed lease and in accordance with City ordinances, the American Legion Post No. 840 would be permitted to operate until midnight. However, the consumption of alcohol is specifically prohibited by section 22-32 of the City Code. i "Dedicated to Quality Service" • • AgOdaNo Ar~vA~,ii~rr{~~ E Lease Agreement Between the City of Denton and American Legion Post No. 840 August 8, 1995 Page 2 BACEGROVM: In 1953, the City of Denton leased a portion of City property, at the corner of Lakey and Wilson Streets, to American Legion Post No. 840 (see Attachment A). This lease permitted Post No. 840 to "at its own expense, construct and maintain any building placed on the above property". The lease was for a term of 99 years. Further it was agreed that the property could not be "assigned to any other person, firm or corporation but shall be used entirely and exclusively by American Legion Post No. 840 of Denton, Texas, and shall at all times be under its dominion and control". At present, the American Legion Building is badly deteriorated and has been used exclusively to store and distribute used clothing since 1992. According to minutes of the Community Development Advisory council (CDAC) and the City Council (see Attachment B), a proposal to renovate the American Legion Building for use by senior citizens was made by east Denton citizens at a public hearing on Community Development funds in January 1994. At that time, the Parks and Recreation Department was asked to develop a proposal for funding to renovate the building. The CDAC recommended approval of this project on March 28, 1994. The City council approved the project as part of the City'r Community Development Block Grant application on June 7, 1994. The project includes the design and construction of ADA accommodations, a new roof, heating and air conditioning, new doors 4 and windows, restroom renovation, kitchen facilities and exterior paint. The interior apace will be designed to accommodate meeting space for seniors, as well as Post No. 840 and other community groups. Space will be available for the COPS program, if desired. • In discussions by the CDAC and the City Council, a concern was raised about the expenditure of federal funds to renovate the American Legion Building if the City did not have full control of the building. In response, staff determined that the existing lease with the American Legion would need to be terminated and that another agreement would be required. At the City Council meeting of May 17, 1994, Mr. Harold Williams, Commander of Post No. 840 • stated that he was in favor of the City remodeling and taking i charge of the building as a senior center and police center. The proposed new lease agreement is necessary in order to renovate the building with Community Development funds and fulfill the City Council's direction to staff on this project. • 0 • r A~9Ad7MD. Lease Agreement Between the City of Denton and American Legion Post No. 840 August 8, 1995 Page 3 PROGRAMS. DEPARTMENTS OR GROUPS ,AFFECTED. Should the proposed lease agreement be approved and the building renovation project completed, senior citizen programs at MLK Recreation Center will relocate to the American Legion Building. The additional meeting and activity space will enhance the quality of these programs, while making available more space to accommodate the increasing demand for preschool and other youth programs at NU Recreation Center. The American Legion Building will also be available for community meetings and special events. Finally, this culturally significant building will be restored to full use and will again be a community asset, while facilitating the continuance of American Legion Post No. 840 and its membership. FISCAL IMPACT: $100,000 from CDBG funds have been allocated for this project. $5,500 for utilities and maintenance expenses have been included for the American Legion Building in the proposed FY 95-96 City budget. Existing MLK staff will continue to work with the sendor citizens; no additional staff is required. RESPE FULLY SUBMITTED; Llo d V. Harrell i city Manager Prepared by: 3 Ed Hodney, Director' Parks and Recreation App ed by: • • • e y Mc ea xecutive Director Municipal ervices/Economic Development Attachments q ~y y ( F • ,Sh Y POOR QUALITY .>1Lr1,1w'•4wChM+'e1'M'~•Iw`w!C!r° - , d A aChTkent A QggS'3 . %im SLATE OF TM%5 1 - MOY ALL M' "Y TimSE PRESf1TSt u t COU."@T OF OMTOel TUT the City of Denton, Texas, a dunitipal Cornors""I of Denton Texas, haroinofter called Lessor, for and in consideration of County, the wa of one dollar (i1.00) cosh in hand paid by km*risaa GNon; post /a/0,. of Denton, Denton County, True, s body existing under charter of the Antrican Lerion, heroinaftsr tailed Lessee, the reeelpt of which is hereby acknowledged and confessed, has leased and demised and by ttest presents does laaso and demtse unto the said Lessen the followinf tract or parcel of land located in the city of Denton, Den. ton County, Texas, end belnr; nor.) particularly described as follow, 0 la-wit All that oortain lut, tract or parcel of land lying and being situated in the City or Denton, Denton County teals,,'..' nore of the S. C. Particularly D described as follows Va. 816, any being =INK}RC 290 feet wet of the southeast corner of a tract <.iTk( of land convoyed to the City of Denton, Texas t» deed datod Daetaber 0th, 1017, said Deed being recorded In 401, $43, • ate of the De.e xeto"& or Do"16A euwnty, loxes, to wtTeh relterence is hereby Made for the location of the acid F •f.C bsitaning points Tince west 16o feet slong the north line of Wilson StreN to a point for corner suw bstnC the lntersectiea of the north line of when. §treft and the east line of Ukey atrestl i~ • TMCE North 100 feet slonr• the east line of lakay atrest to ~,I!t a point for coraerl , THENCE Test 160 feet to a point for coraerl TMts South 100 het to the place or beginning. TO tilt2 tl'D TO HOLD the dafetd presdses unto the acid twNU, free,' •tbls data for and durtog and unto the end of the full ten of nicety Nr r pf~.'/+ mine (ra) years konce nest ensuing and rulty to he eoaflleted sad eadede',1 ^•r;,~,' It'is agrond and understood by and between the parties h*1Yto that tt'{ v to }ke 1*88ee shall, at Its cal expense, oesetrrct and aaletala say amt.Ae ~ this ar,ere rsepeeMy, at its sera elrttwu. It is furtasi :Last W placed of bervlwbw~•deseriM•. jagrsad ip and betweeM the portico Walt that the `~~d'ed property pall eats Ntr'!ag tp ten at this tears, be sold W wet. ' , U %Mdd "'*W *%or !kr!4s tin or evrperstlsa but sMil he sasiewlwlr 1/ 4wrieaa Lefffor Pont 11e.. rdd d? 4etaa, 1'erar, . at "I Alger to ender. !ta dMINAM sad 0"I. 1 It to ageeon asd radersteod fly and bsttreen The pertiei Oerato that y'{1i1J~4 „ rA L,'':'S'. ,~i1fn ^.:1i ..,i'. .'~L.~•. 'r.y fF~i~r' • ca' PWR QUA 'X , MM' • 410, r,~cnclaP~u~___.•^~_ ' of the tcminAtlan of this laRne, All !ar(lr.? tnr"o, s ';-egAi;+non! ;+IreCC nn the <:c,^I6v: m•nnicad, 3ttf ` the yro^ort:• o" tl:o City or'IOdlrn, Texho, r~l 5:.-oeote,: t:.:a 4X.. dn.! n•" + , A. !3., 1?16• ' u -mEoo~rl s7. cc!'::rr c r':. i _ yY V'! -1:, the urdaref ••rcr::.1S,~r!t on t' L• ^orcunal ly n!,•,aarir ad'ar:: ta.tinn:i ^nr' Cha J. :rr, Jr., .:a;or an' L!.; 3ocrotor•y, ros roctivolyr of this Me; e 'cn:in, rcxas, A J:u,lcleal Cornoratlon aoun to no to Ire the rrson3 ^nae nar.os Aro auhecrihod to the tore. V ; rain.; Instrument oni' ac!:nmacd ell to no that thoy oxocutod the Wis ? for tLa our-boos and considoratlon therein oxrr0 osed nod in the cape ,J ~••1,,i• city thoroin stated, e 'Df 6IYPY *DCR L7 :.::C 57.I, 0" D:'?ICS CIS it,!'-A:day of _ss de , „IDSJ. 4 : 6onton Cuunty, :'eons , 4L" q Y '1'QE 3TAT2 ' V. T=.S i j t o y 'MP 'tfC^0"..C , tl:o undorcl^n rt n ,thnvit,, on lhto day ^emonally Appear. ,r ad Sobla l:oilAnd .v I Ar•d '.nlter ::1a! S0 Co=Ader a4 llrradQutaat, and .r u e , u;mc vu of American Legion u-it Uo, bob Denton, Taxas l:AOVa It AC to be ttt0 porsono uh0sa AaAe►•are subeerit, . ~k 'ad' to tba foram A, instruaent, And ae::nbriedged 10 pe t thn the gte~at-ill Y `ed,tho sano for the purposes And conaideration therein ,axpreesad sad iA•". • • ithe calucity therein stated. - • s tly AIM: LTD= ST!lL"7 AND SML ff" 0mer thislrt da/ of ,1065: v- a.t ,e 4 ytir o A Doatonl county, 4:60 t' , ~ it ~ ~ i*Z• ~Irf~r l~ f +t'f~ [ t . ...tn ee uatrrN;wryxcdpu:AwYb'atri4°il+lC~ih4'u ;rr ' C' \0 ORDWIMMt.0 Iowa* ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A LEASE WITH AMERICAN LEGION POST NO. 840 FOR THE LEASE OF THE AMERICAN LEGION BUILDING IN THE FRED MOORE PARXI CANCELLING THE EXISTING LEASES AND PROVIDING FOR AND EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That certain Lease Agreement Between the City of Denton and the American Legion Post No. 840 for the lease of the American Legion Building In Fred Moore Park (Lease) is hereby approved and the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute that Lease in substantially the form of the attached Lease which is made a part of this ordinance for all purposes. SECTION II. That immediately upon the passage of this ordinance and the execution of the attached Lease by the parties, that certain Lease Agreement executed by the parties on the 25th day of July, 1953, is hereby cancelled and of no further force and effect. SECTION III. That this ordinance shell become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 1995. BOB CASTLEDERRYt MAYOR ATTEST; 1 JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY G BYl i t °rC f kc~'QrF ~{e Al "'4 1ti~ er r • • LEASE AGREEMENT DETNEEN TEE CITY OF DENTON AND AMERICAN LEGION POST 90. SSO FOR THE LEASE OF TEE AMERICAN LEGION BUILDING IN FRED MOORE PARE TABLE OF CONTENTS ARTICLE I. DEFINITIONS . . . . . . . . . . . . . . . . . . . . 1 1.01. Lessor . . . . . . . . . . . . . . . . . . . 1 1.02. Hazardous Substance . . . . . . . . . . . . . . . . 1 1.03. Lease . . . . . . . . . . . . . . . . . . 1 1.04. Leased Property . . . . . . . . . . . . . . . . . . 1 1.05. Lessee ' . . . . . . . . . . . . . . . . . . . 2 1.06. American Legion Building . . . . . . . . . . . . . 2 1.07. Parking Area . . . . . . . . . . . . . . . . . . . 2 ARTICLE II. LEASED PROPERTY . . . . . . . . . . . . . . . . . 2 2.01. Leased Property . . . . . . . . . . . . . . . . . . 2 2.02. Parking Area . . . . . . . . . . . . . . . . . . 2 2.036 Use of Leased Property . . . . . . . . . . . . . . 2 2.04. No Warranties . . . . . . . . . . . . . . . . . . 3 2.05. Hazardous Substances . . . . . . . . . . . . . 3 ARTICLE III. TERM . . . . . . . . . . . . . . . . . . . . 4 3.01. First Term . . . . . . . . . . . . . . . 4 3.02. Second Term . . . . . . . . . . . . . . . 4 ARTICLE IV. RENTALS AND PAYMENTS . . . . . . . . . . . . . . . 4 4.01. Consideration . . . . . . 4 4.02. Destruction of Property . . . . . . . . 4 ARTICLE V. UTILITIES . . . . . . . 5 5.01. Utilities . . . . . 5 • ARTICLE VI. IMPROVEMENTS, ALTERATIONS AND REPAIRS . . . . 5 6.01. Roof and Exterior Repairs . . . . . . . . . . . . . 5 6.02. Interior Repairs . . . . . . . . . . . . . . . . . 5 6.03. Alterations or Improvements . . . . . . . . . . . . 5 6.04. Lessor Approval of. Plans; Compliance with Laws 6 • 6.05. Signs . . . . . . . . . . . . . . . . . . . . 6 • ARTICLE VII. INSURANCE AND INDEMNITY . . . . . . . . . . . . . 6 7.01. Personal Property Insurance . . . . . . . . . . . 6 7.02. Indemnity by Lessee . . . . . . . . . . . . . . . b 7.03. Indemnity by Lessor . . . . . . . . . . . . . . . . 6 7.04. Notice of Claim . . 7 Y • O ~ , ~ Jai ~~i ~.ay. ~',;t ..7A' r t' t ~'~'Rrt q axe X v A 1 s 1f14sy. ,r~ A M1 ;C r 79 {4 tri sib r vgtrs x~5. y.~wr~`~~~'c5s s..~l . i•° ~ r;4A°i~, #'y `S'd l"~'f4 SS 1}~+`' 4Ci~i,' Ira I • if ~or~~arto ARTICLE VIII. CANCELLATION BY LESSOR . . . . . . . . . . . . . 7 8.01. Default by Lessee . . . . . a . . . . . . , , , , 7 8.02. Default by Lessor . . . . . . . . . . . . . . . . . 7 8.03. Removal of Personal Property . . . . . . . . . . . 7 8.04. Repairs . . . . . . . . . . . . . . . . 7 8.05. No Waiver . . . . . . . . . . . , . 7 8.06. Transfer of Permanent Improvements 8 ARTICLE IX. MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . 8 9.01. Entire Agreement . . . . . . . . . . . . . . . 8 9.02. Subletting or Assignment . . . . . . 8 9.03. Lease Binding on Successors and Assigns 8 9.04. Severability . . . . . . . . . . . . 8 90056 Notice . . . . . , . . . . . . 8 9.06. Headings . . . . . . . . . . . B 9.07. Tolling of Tine , . . . . . . . . 9 9.08. Cancellation of Base Lease 9 • a i PAGE 2 . ♦ 1 s l • w • D R A F T ;ra DATE STATE OF TEXAS § COUNTY OF DENTON 5 L=ASH AQRSHMSNT BITNBRN TU CITY OF DINTON AND AFRICAN LZQION POST NO. 840 FOR THZ L=ABE OF THR ANSRICAN LZGION BUILDING IN FRED NOOK= PARE This Agreement for the lease of the real property is made between the City of Denton, a municipal corporation of the State of. Texas (Lessor), and American Legion Post No. 840, a (lessee). whereas, the parties have entered into that certain Lease Agreement executed on the 25th day of July, 1953 for the lease of the American Legion Building and a certain parcel of land within Fred Moore Park on which the building sitar hereinafter referred to as "Base Lease"; and Whereas, the parties wish to cancel the Base Lease and to enter into a new lease. The parties, therefore, agree as follows: ARTICLZ I. DRYINITIONS This Article contains definitions of certain terms used in this Lease, set forth as follows; 1.01. Lessor. City of Denton, Texas. 1.02. Hazardous Substance. Any substance that is toxic, ignitable, reactive, or corrosive and that is regulated by any local government, the state of Texas, or the United States Government or any agency thereof, "Hazardous Substance" includes any and all material or substances that are defined as "hazardous waste," "extremely hazardous waste," or a "hazardous substance" pursuant to state, federal, or local government law. "Hazardous Substance" includes without limitation, asbestos, polycholoro- biphenyls ("PCBs"), and petroleum. i 1.03. Lana. This Lease Agreement. 1.04. Leased Property, Approximately square feet of • • land, including a building known as the American Legion Building and all appurtenant structures and fixtures attached thereto, i • °gCn;i0+~b. r located in Fred Moore Park, as more completely shown in the attached legal description, Exhibit A, which is attached to and made a part of this Lease for all purposes as if written word of word herein. 1.05. Lessee. American Legion Post 840. 1.06. American Legion Building. That building, constructed by the American Legion Post No. 840, located at 613 Lakey Street, within Fred Moore Park, in the City and County of Denton, Texas and located on the land described in Exhibit A. 1.07. Parking Area. The parking area designated by the Lessor for the use of Lessee for parking motor vehicles, during the times Lessee is actually utilizing the Leased Property under this Lease and is more fully described by the processed area on Exhibit a, which is attached to and made a part of this Lease for all purposes. ARTICLR II. LEABKD PROPnTY 2.01. Leased Property. In consideration of the Lessee's agreement to cancel the Base Lease, the Lessee's agreement to transfer the American Legion Building to Lessor at the end of the Lease term or any extended Lease term hereunder as Lessor's property and in consideration of the other covenants and obligations assumed by the Lessee hereunder, the Lessor leases to Lessee and Lessee leases from Lessor the Leased Property. 2.02, Parking Area. The Lessor shall provide Leases, at no additional charge, the Parking Area during the time it is utilizing the property as shown on the cross exterior in Exhibit B, which shall be subject to reasonable regulations of Lessor. 2.03. Use of Leased Property. Lessee may use and occupy the Leased Property for at least one regular meeting of Lessee on one day per month and for additional special occasions each year in accordance with a calendar schedule to be completed by the Lessee • and attached to this Lease as Exhibit C within thirty (30) days of the date of execution of this Lease. In each succeeding year of the term of this Lease within 30 days from the anniversary date of this Lease, Lessee shall submit a calendar for each subsequent year of this Lease showing its time of use during the year. Upon giving ten (10) days notice to the Lessor, through its director of parks and recreation, Lessee may make changes in the schedule subject to the approval of the Lessor. • • e a. The Lessee has the right to negotiate changr:s in the schedule or to transfer its times of usage based on a<rreements i J between the Lessee and other users of the American Legion i Building. PAGE 2 • p • f1 ~~VIIJ y~.ll llfr.•.N....r. ~rn. ~.•'ti.. b. The Lessee understands and agrees that the Lessor will maintain and make changes to the property through Lessor's consultant, Architectural Collective, Inc., and during the term of this Lease the Lessee grants Lessor, its architects, officers, employees, consultants and contractors full ingress and egress to the property for the purpose of making improvements, renovations and for maintenance of the Leased Property. a. In accordance with Section 22-27 of the City Code of ordinances, by approving this Lease, the City Council has approved al) the times of use by the American Legion as scheduled events and the American Legion may use the property during the various times of use or scheduled events until 12:00 p.m, for each calendar day of use. d. Lessee agrees that this Lease is not exclusive and Lessor shall have an unrestricted right to lease the American Legion Building and the underlying Leased Property to other parties, including without limitation, senior citizen groups and other individuals and entities at times when Lessee .ts not utilizing the Leased Property. e. During the times of use hereunder Lessee may utilize property for any legal operations enjoyed by Lessee related to its American Legion activities, and for no other use whatsoever. Lessee shall not do or permit anything to be done in or about the Leased Property that will materially obstruct or materially interfere with the rights of other persons occupying the Leased Property or the surrounding area of Fred Moore Park. Lessee shall not permit any nuisanc.9 in, on, or ark.-.nd the Leased Property, and shall regularly remove therefrom all trash and debris. Lessee shall comply with any laws, statutes, ordinances, rules or regulations of any governmental or quasi-governmental authority affecting the 11 Leased Property, now in fc'.:ce or that may hereafter be enacted and promulgated, 2.04. No Warranties. The Leased Property is leased to • Lessee "AS IS", with Lessee accepting all defects, if any, and the Lessor makes no warranty or representations of any kind, express or implied, with respect to habitability, fitness or suitability of any part thereof, including the absence of any toxic or otherwise hazardous substances, except as otherwise provided in this Lease. 2.05. Hazardous Substances. Except for pesticides kept and dispensed in accordance with State and Federal law and regulations, • Lessee shall not cause or permit any Hazardous Substance to be used stored, generated, or disposed of on the Leased Property, without the Lessor's written consent. If Hazardous Substances are used, stored, generated or disposed of on the Leased Property or Temporary Use Property by Lessee, its employees, agents, or PAGE 3 • • rJU11~!';'~ contractors, except as permitted above, Lessee shall indemnify, defend and hold the Lessor, its officers, agents and employees, harmless from any and all claims, damages, fines, costs, liabili- ties, or losses, including without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision resulting from the use, storage, generation or disposal of Hazardous Substances by Lessee, its employees, agents, or contractors in violation of Applicable Laws. ARTICLE III. TERN 3.01. First Term. The First Term of this Lease shall begin on August , 1995, and shall terminate on August , 2005, unless earlier terminated as provided in this Lease. 3.02. Second Term. If, before Mar-.h 1, 2005, Lessee gives written notice to the Lessor that it wishes to extend this Lease for a Second Term, this Lease shall continue in effect until August 2015, on the same terms and conditions as were in effect during the First Term. ARTICLE IV. RENTALS AND PAY)UMS 4.01. Consideration. in consideration for this Lease, Lessor acknowledges that the Lessee has constructed the American Legion Building and has agreed that the American Legion Building shall become the property of the Lessor on the termination of this Lease and that Lessee has agreed to perform the other terms and oblige.cions of this Lease. 4.02. Destruction of Property. If the L~j-.sed Property is damaged by fire or other casualty, the Lessor may repair or recon- struct the Leased Property to substantially the same condition as existed immediately prior to the casualty or terminate this Lease by notifying Lessee within sixty (60) days after the date of the fire or other casualty, such termination to be effective as of the date of such fire or other casualty. • If the Lessor elects to rebuild the Leased Property and the reconstruction is not completed within one hundred-eighty (180) days from the date of the fire or other casualty, Lessee shall have the right to terminate this Lease by delivering written notice of termination to the Lessor prior to completion of the reconstruc- tion. The Lessor shall not be liable to Lessee for loss of the use ® of the whole or any part of the Leased Property, Lessee's personal property, or any inconvenience, loss of business or profit, or ♦ • annoyance arising from any repair and reconstruction. PAGE 4 • 0 i • w A Mv N..w mr. Imo..:J ARTICLE V. VTILITIES 5.01. utilities. Lessor shall provide for electricity, natural gas, solid waste removal, telephone service or any other utility services supplied to the Leased Property in the usual and customary manner that it provides such services to other park facilities at no expense to Lessee. ARTICLE VI. IMPROVa@ITS, ALTERATIONS AND REPAIRS 6.01. Roof and Exterior Repairs. Lessor shall keep the roof and exterior walls of the Leased Property in good repair. excluding the replacement of glass, but the Lessor shall not be liable to Lessee for lost revenues, profits, damages, claims, or losses of any kind, including loss or damage to merchandise or materials stored or kept on the Leased Property, because of the Lessor's failure to make timely or adequate repairs or to provide security or otherwise to comply to with the terms and conditions of this Lease. 6.02. Interior Repairs. By taking possession of the Leased Property, Lessee shall be deemed to have accepted the same as being suitable for the conducting of the Lessee's business and for the special events to be held in accordance with the calendar attached as Exhibit C hereunder. The Lessor shall maintain and repair such property in accordance with its own maintenance policy and procedures for similar properties at no expense to Lessee. Lessee, will not damage or injure the Leased Property, or the appurtenances or fixtures thereof, and shall keep the Leased Property in good condition and repair, ordinary wear and tear along excepted. Any such injury or damage to the Leased Property caused by or resulting from any act, omission or neglect of Lessee or Lessee's employees, servants, agents, or invitees shall be repaired or replaced by Lessee, at its expense. ` 6.03. Alterations or Lmproveauats, Lessee shall have the 1 right, at its own expense, to make any alterations or improvements to the Leased Property, provided that the alterations or improve- ments are first approved in writing by the Lessor. The Lessor shall notify Lessee In writing of its approval or disapprcval of proposed alterations or improvements within fifteen (15) days after the Lessor receives a written request from Lessee which adequately describes or illustrates the alterations or improvements. If the Lessor fails to notify Lessee within the fifteen (15) days, the j proposed alterations shall be deemed approved. All alterations or I improvements shall be performed in such a manner that no mechan- ic's, materialman's or other similar liens shall attach to the • A Leased Property. Except as expressly provided in this Lease, any alterations or improvements shall become a part of the Leased Property and shall belong to the Lessor, without compensation to Lessee, at the expiration of this Lease or the termination of Lessee's right to possession of the Leased Property. PAGE 5 • • 6.04. Lessor Approval of Planar Compliance with haws. Any provision of this Lease providing for the Lessor's approval or dis- approval of improvements or alterations to the Leased Property applies to the Lessor acting in the capacity of the landlord or owner of the Leased Property and shall not apply to the Lessor's review, approval, or disapproval of any plans for improvements or alterations when acting in its capacity as a governmental entity administering and enforcing building codes or other laws or regula- tions. In making any alterations or improvements, Lessee shall comply with all Federal, State, and local laws, regulations, or ordinances, including the issuance of permits and the payment of fees. 6.05. Signs. Lessee shall not post any signs on the Leased Property without the approval of the Lessor as landlord with the exception of any signs, emblems or banners which identify the building as the American Legion Building or identify this structure as the meeting place of Lessee. Any signs approved by the Lessor as landlord shall comply with the Lessor's ordinance regulating signs, ARTICLE VII. ItiSVRANC= AND ZMDZWX Y 7.01. Personal Property Insurance. Lessee shall be sole responsible for any personal property that it places or stores in the American Legion Building and it shall not place any personal property in the building which will increase the risk of loss by fire, storm, water damage, or other casualty or shall increase the Lessor's insurance premiums or self insurance risk. 7.09. indemmity by Lessee. Lessee shall indemnify and hold the Lessor, its officers, agents and employees harmless from all fines, suits, costs, and liability of every kind arising from, (a) Any violation or nonperformance by Lessee of any repre- sentation or covenant contained in this Lease which continues be- yond any applicable cure period; and • (b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of Lessee or any of its agents, employees, or contractors. The indemnity set out in this section shall not apply to matters caused in whole or in part by Lessor or anyone acting for Lessor. 1.03. Indmity by Lessor. To the extent allowed by law, the Lessor shall indemnify and hold Lessee harmless from all fines, • suite, costs, and liability of every kind arising from: ' • • ! 7 (a) Any violation or nonperformance by the Lessor of any representation or covenant contained in this Lease which continues beyond any applicable cure period; and PAGE 6 • a► ~ y~11„i r4U {b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of the Lessor or any of its agents, employees, or contractors. The indem- nity set out in this section shall not apply to matters caused in whole or in part by Lessee or anyone acting for Lessee. 7.04. Notice of Claim. Lessee shall give written notice to the Lessor within ten (10) days of the date Lessee receives notice of a claim for damages for bodily injury or property lose arising from some condition or use of the Leased Property or the Temporary Use Property by any person who is not an employee of Lessee. ARTICLE VIII, CANCELLATION BY LESSOR 8.01. Default by Lessee. If Lessee fails to comply with Any of the terms of this Lease, the failure shall be considered a default and the Lessor shall give Lessee written notice of the breach and request Lessee to correct the breach. Should Lessee fail to correct the breach within sixty (60) days following receipt of the notice, the Lessor shall have the right to terminate this Lease by giving Lessee written notice of termination. 8.02. Default by Lessor. If the Lessor fails to comply with any of the terms of this Lease, the failure shall be considered a default and Lessee shall give the Lessor written notice of the breach and request the Lessor to correct the breach. Should the Lessor fail to correct the breach within sixty (60) days following receipt of the notice, Lessee shall have the right to terminate this Lease by giving the Lessor written notice of termination. 6.03. Removal of Personal Property. Upon termination of this Lease, Lessee shall have the right to remove its trade fixtures and personal property if the removal does not cause damage to the Leased Property. Lessee shall remove all personal property from the Leased Property within ten (10) days after the termination and should Lessee fail to do so, the Lessor may elect to retain posses- sion of the property or sell the same and keep the proceeds or have the property removed at the expense of Lessee, • 8.04. Repairs. Where, upon termination of the Lease, the fixed improvements become the property of the Lessor as provided 1 herein, Lessee shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Leased Property in a neat and clean condition with all other improvements in place, ordinary wear and tear • excepted. 8.05. No Waiver. Failure of the Lessor to declare this Lease terminated upon the default of Lessee shall not waive the right of the Lessor to cancel this Lease for a later default. PAGE 7 J t~ No I 8.06. Transfer of Permanent Improvements. That immediately upon the termination of this Lease, Lessee shall transfer and convey the American Legion Building and all other fixtures and fixed improvements to Lessor and all such improvements shall become the property of the Lessor in fee simple. Lessee hereby agrees to sign and deliver to Lessor any documents of conveyance or other documents necessary to effect said transfer within ten (10) days of the date of termination of this Lease. ARTICLZ I!. KXSCSLLA.MOU8 PROVISIONS 9.01. entire Agreement. This Lease constitutes the entire understanding between the parties and supursedes all prior or inde- pendent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing and signed by both parties. 9.62. Subletting or Assignment. Lessee shall not rent or sublease Lhe Leased Property or assign this Lease without the prior written consent of Lessor. 9.03. Lease Binding on successors and Assigns. All cove- nants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties hereto and their legal representatives, successors or assigns, 9.04. Severability. If any provision of this Lease shall be declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 9.05. Notice. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and reg- istration fees prepaid, as follows, If to Lessor, addressed to, If to Looses, addressed to, • City Manager Amerip4n JAgien_Post No. 840 City of Denton 215 E. McKinney Denton, Texas 76201 Notices shall be deemed to have been received on the date shown on the receipt, if sent by certified mail, or on the date • received, if delivered by hand, • 9.06. Headings. The headings used in this Leasu are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. a PAGE 8 I ,S ' • it 3# a li r i v ~Y W d ' r ,.+..nFYA.VlnrhtlhAVpaNY4YNf7A: s'QAM!Si. lam. i. ^~f VI1Jt~lYQ 9.07. Tolling of Time. Whenever a period of time is pre- scribed in this Lease for action to be taken, the party required to take the action will not be liable or responsible for, and there shall be excluded from the computation of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, Applici.ble Laws, or any other causes which are beyond the control of the party, excluding financial inability. 9.04. Cancellation of Dane Lease. As of the execution of this Lease by all the parties the Base Lease between the parties dated the 25th of July, 1953, ie hereby terminated and declared to null and void and of no further force and effect. t IN WITNESS WHEREOF, the parties have executed this Lease the day of If 1995. CITY OF DENTON, TEXAS, THE LESSOR BYE BOB CASTLESERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: .-r_ APPROVED AS TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY BY: AMERICAN LEGION POST NO. 640, THE LESSEE i BY, TITLEi 'I s ~ 4xruoau\~suo. ~ PAGE 9 ca • r c DENTON 0000ooooaoaoo . 0, 0 D °o ~ °D oG vo o ppp ~ ~ X000 ODOn O N ~ 0000 ~oQaao~oo CITY COUNCIL r • • t c 4 4fj. A, • • sa MY of DEWONr TEXAS MUNICIPAL BUILDWG @ 2f5 E McKINNEY • DENTON, TEXAS 76201 (817) 666.8200 a DFW METRO 494.2629 MEMORANDUM DATE: August 10, 1995 TO: Mayor and City Council Members FROM: Betty McKean, Executive Director Municipal ServiceslFconomic Development SUBJECT: Amendment to Economic Development Partnership Contract Between the City of Denton and the Denton Chamber of Commerce Contract Approval by City Council and Chamber Board of Directors: Although it is not typical for staffto present a contract to the City Council that has not been executed by the other party, we are doing so in this case because of the urgency in seating the Economic Development lansition Committee (EDTC) by October 1, 1995. The next meeting of the Board of Directors of the Chamber of Commerce is not scheduled until August 17, 1995, at which time they will also consider the proposed amendment. Should the Chamber Board propose any further changes to the contract at that meeting, it will necessitate bringing the contract back to City Council for final consideration on September 12th. • Contract Amendment Provisions: Changes to the proposed amendment, as requested by Council on August, I, 1995, have been underlined in the attached amendment document. Because the minutes from the August I, 1995, meeting are not available at this time, staff has reviewed the videotape of the meeting to ensure the document would reflect Council's direction. The requests included the following: • , • o The IiUC will be charged with determining the appropriate physical location for the Economic Development headquarters. i 3 y Sen4ce" "Dedicated to Qualit • A1 Y 1 i?' '1 AI ~~r> ' IknS,~~. ly+"l~ilNZWi~.4 Y,~11r~~Y 1 w ~$8tl'~8N0 2 o No employee of the City or the Chamber and no elected official shall be appointed to the EDTC. The members of the EDTC shall select one of their members as chair. o The EDTC shall study funding options under Section 4A, as well as Section 413, of the economic development sales tax provisions to ensure all opportunities under the law are reviewed. o The EDTC shall make its recommendation no later than January 31, 1996, as to whether or not an economic development corporation should be established. I Note: The proposed amendment provides the date of March 31, 1996, or at a time agreed upon by the I EDTC, Chamber Board of Directors and City Council, as the deadline for the completion of the remainder of the EDTC's charges, Suggestion for Nomination Process: If the changes to the contract are approved by both the City Council and Chamber Board of Directors, the appointments to the EDTC can begin. Certainly there may be many effective approaches to appointing the FD'fC members. In looking ahead at upcoming City Council agendas, staff has prepared the attached calendars which outline a possible time frame for the nomination and seating of the EDTC members. The City Council may wish to appoint a nomination committee from among its members to accept and re%iew the qualifications of those nominated for the EDTC. The committee could bring back a refined list of approximately eight nominees from which the full Council could make its final selection of four. Should Council choose to adopt this procedure, you may wish to consider the following time line: August 15, 1995 Council appoints Council committee to accept and receive nominations from fellow Council members August 16 - 26 Council members submit unlimited number of nominations with statement of qualifications to Council committee, August 27 - September 2 Council committee meets to discuss potential nominees and qualifications, i September 3 - September 9 Council committee contacts and interviews the top nominees to discuss qualifications, charges to the EDTC, and time commitment involved. September 10 - 16 Council committee meets with Chamber Executive Committee to confer about 1D respective lists of nominees. • September 19 Council committee submits list of eight nominees for consideration by City Council. The City Council approves four as its representatives, {A ~F [ 'f a.`]$ p? ~p~`P. ~t „N 'Q 4 eke. FA f 1:. e Ct ?tA tthj 9 4 S' t F sf S, i, j 4g~ildjft~~~ tt3E _ page 3 September 21 Executive Committee submits list of recommended appointees for consideration by Chamber Board. The Chamber Board approves three as the Chamber's representatives. September 22 - 29 EDTC appointees are notifiedr October 1, 1995 EDTC is seated and charge is underway. If you have any questions or would like additional information, please do not hesitate to give me a call. I will be happy to assist in any way I can. ' i c e Executive Director unicipaI see ices/Economic Development Attachments: Proposed Amendment to Contract Time Line Calendars Chamber of Commerce Resolution Composite Profile of EDTC Minutes of May 23, 1995 Council Meeting • j i i { i • 0 r t r 1 f i v~ zfy Y~ 1 I • l Augwt 1995 1995 SUNDAY MONDAY Tunuv M..DNEf Y TNimy FMDAY SATURDAY 6 7 1 f b H 12 q K IS N 17 Is N NOAiMM . UNLUMM MOM OF 20 21 22 2s 21 2S u NOMWOM VWH ST OF Ck*Jl" I" i 1,11 7c, ~ 0 - 27 20 t0 M .Y... J' ~.,N'~, i art .i c ~ x omm-W TO W* NOMNM AND T J I I I • • i p ~ 1995 September 1995 Sutrowr %"my TMDAV WENMAr TN MMY FWAY S~nHronr 2 + s ~ ~ ~ v )OWArW CO ACTS TROP NOR PIEEB TO CHAMM & ro 12 u 14 is 14 ,VAM O-OM ER EXEC. TO AMM. AT MAL LIST C IF, WOATEFS 17; N n 20 2! u 22 CITY COUNM ¢.,'ysu EM l.'A 4 ql ED1~C ry. .~Y 24 2S 24 27 2s r APPONTEES h Do IF 0 • E:\VPD0CAORD GAMER. ED AR'J~1R~,EEC ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PURPOSE OF PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZ- ING THE EXPENDITURE OF FUNDS THEREFOR; 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 Amendment No. 2 to an Agreement between the City of Denton and the Denton Chamber of Commerce for the purpose of providing for a grogram to promote economic development ("Agreement") , a true and correct copy of -1tich is attached hereto and incorporated by reference herein. 19ECTION II. That that certain resolution passed by the Chamber of Commerce on the 22nd day of June, 1995, a true and correct copy of which is attached to this ordinance and incorporat- ed by reference herein, is hereby approved, subject to ;:he terms and conditions of this ordinance and the attached Amendment No. 2 to the Agreement. EQI'ION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. j 7 BOB CASTLEBERRY, MAYOR ATTESTS OSUNIFER WALTERS, CITY SECRETARY BY% e APPROVED AS TO LEGAL FORM; • • HERBERT L. PROUTY, CITY ATTORNEY BY; • • ~~,34r)~a Na AMENDIQNT AO. 2 TO THE AORZXNXN'T BIMZN THE CITY OF DBNTON AND TH8 DIN TON CHMMYR OF COIMRC8 THE STATE OF TEXAS § COUNTY OF DENTON 9 This Second Amendment to that certain agreement for a program to promote economic development entered into the 15th day of August, 1989 by and between the City of Denton, Texas, a Texas municipal corporation ("City") and the Denton Chamber of Commerce, a Texas non-profit corporation ("Chamber"), as amended. WHEREAS, on August 15, 1989, the City and the Chamber entered j into an Agreement for an economic development program ("Agree- ment"), a copy of which is attached he*-eto as Exhibit "A", and I WHEREAS, on August 2, 1994, the City and the chamber entered into that First Amendment to the Agreement, a copy of which is attached hereto as Exhibit "B"; and WHEREAS, the City and the chamber will mutually cooperate to create an Economic Development Transition Committee ("EDTC") for the purpose of et-udy!nq-,6%i4 researching and recommend" the best stru:-ture for an Economic Development Corporation ("EDC") and to develop the charge to the EDC. ARTICLE I. That the City and Chamber hereby amend Article 1 "Office of Economic Development" of the Agreement as amended, to read as fol'.ows: • 1. Office of Economic Development Created, During the term of this Agreement, the Chamber shall maintain an Office of Economic Development ("Office"). ARTICLE IT. • That the City and Chamber hereby amend Article 2 "Economic ' • • J Development Committee Created" of the Agreement, as amended, to read as follows; 2. Economic Development Transition Committee Created. In order to promote a program for economic development, the parties • .;.{c a 'sus ~ 'qt ,'Ya~~e~5 G ~ k • • agree that an Economic Development Transition Committee ("EDTC") will be established and seated no later than October 1, 1995, unless this date is extended by mutual agreement of the parties. The members of the EDTC, who shall represent the diverse interests of the community, shall be composed of seven persons, four of whom will be appointed by the City Council and three of whom will be appointed by the Board of Directors of the Chamber. No employee of the City or a Chamber and no elected official shall be appointed to the EDTC. The members of the EDTC shall select one of their members as chair and shall adopt their own rules of procedure. The EDTC will replace the current Economic Development Advisory Board ("Board") and assume all responsibilities, duties and author- ity previously assigned to the Board, In addition, the EDTC is charged with accomplishing the following tasks, a) Develop Economic Development Corporation ("EDC") mis- sion/operating principles. b) Study other economic development charters and make choices of positive aspects of each that would lend to success of EDC. C) Tour the most successful EDC's in country and document recommendation of best structure and outline results- oriented goals. d) Determine long-range financing of economic development program and EDC operation. Assess potential success and funding opportunities Vrder both Sections 9A as well as 4B o Article 5190.6 Vern of onFL Tex. Nvi 1 R a j ss o ensure all opportunities under the taw are reviewed If positive, develop strategy and campaign, and make recommendation to City Council to call election, e) Define roles with regard to financial responsibility and authority of economic development financial contributors • • (i.e., investors, City Council, Public Utility Board), f) obtain counsel for promulgation of charter for EDC. Page 2 p 0 • m • g) Present justification for corporation charter at joint meeting of City Council and Chamber of Commerce. h) Present justification for long-range financing of EDC programs at joint meeting of City Council and Chamber of Commerce. i) Draft internal operating policies for final adoption of by the EDC. j) Recommend detailed line item operations budget for first year activities related to establishment of EDC. k) Hire experts/i,onsultants for expeditious and professional implementation of short term objectives, i.e., financial analyses, team building, and economic development consul- tants econometric models, 1) Develop economic development program operational perfor- mance indices. m) Continually work at strengthening coalition with inves- tors of economic development program. n) Develop and provide written bi-monthly status reports reporting on the progress of the above-mentioned tasks, and on expenditures to the date of the report. Provide the Chamber, Board, and the City Council with a written report, no later than January 31. 1996, unlrsa that date is extended by mutual written agreement of the parties. That report must have the EDTC's rec mmendatione and findings on nina he formation o an .D . thereby • completing charges (b). (c). and (a) on nage woo this agreement. o) If the EDTC concludes that the formation of the EDC is justified and in the best interest of the entire communi- • ty, it shall provide the Chamber Board and City Council with a written final report, no later than March 31, • 1996, unless that date is extended by mutual written agreement of the parties, with recommendations and findings warding the remainder of the charges._ The Page 3 • - a • final reyort will include, without limitation, recommen- dations for the proposed organizational structure, a proposed budget for the EDC, a final draft of the charter, and an analysis of the one-half cent sales tax as a funding option, as well as an analysis of other funding options. The EDTC will also be responsible for the development of the charge to the formal EDC including, without limitation, the following: I a) Conduct oral interviews with City Council members and Chamber Executive Board members for purposes of annual EDC effectiveness assessment. b) Determine appropriate physical location for EDC headquar- ters. c) Conduct recruitment and make selection of CEO. d) Hire experts/consultants for expeditious and professional ; implementation of short term objectives, i.e., financial analyses, econometric models, land planning, development specialists, engineering, public relations, team build- ing, and econom'.c development consultants. e) Develop and implement five-year strategic plan. f) Set measurable first year goals and establish priorities for tasks. g) Prepare pay structure, organizational design, job descriptions, performance measures and incentives. h) Monitor performance results and conduct performance reviews of CEO. • i) Develop annual, operating business plan and maintain performance indices. Review quarterly and make adjust- ' • J ments. Page 4 • • J) Continually work at strengthening coalition with inves- tors of economic development program. k) Adopt internal operating policies. 1) Publish annual performance report. M) Analyze and publish cost/benefit of efforts. 11) Develop periodic comparative analyses, i.e., land purchases, infrastructure expenditures, etc. o) Establish business retention and account management activities. P) Develop and market industrial parks. q) major land ownera/developers to determine deLire, interest and plans for development. r) obtain firm market prices on parcels of lard available for industrial develcpment. s) Send requests for proposals to national brokers for development of industrial parks. t) Purchase, if appropriate, land and develop specific buildings to meet goals. U) Establish linkages with higher education institutions and implement strategies to better leverage university :research and educational assets. • V) Interview corporate CEO's and invite input to process and survey as to need for customized training programs, w) Establish technical training center. • x) Establish brand image and develop marketing campaign. • • y) Establish and strengthen strong ties and relationships with Dallas and Fort worth chambers and the North Texas Page 5 • • Commission. Z) Participate actively in metroplex MIDAS group. aa) Develop first-class marketing video. bb) Conduct high profile events (i.e, golf/tennis tourna- ments, symphcoy/theater events) for stockholders and development contacts and periodic special events/tours for metroplex and national brokers and relocation consultants. cc) Conduct at least one international marketing tour each year. I ARTICLE IV. That the City and Chamber hereby amend Article 4 "Support Services and Funding" of the Agreement, as amended to read as follows: a. Support Services and Funding. The Chamber shall provide the office space, equipment and support staff necessary to the operations of the Office. The City shall provide funding as approved in the City's budget which shall be adopl-.ed on or before the 20th day of September of each year. Of the amount appropriated for each year, the City shall pay the Chamber one-half on October ist and the remaining half shall be paid on the following April let, 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 shall keep current and accurate records of all funds received and • expended, which shall be subject to inspection by the City at all reasonable times. • The Chamber Economic Development Office shall provide monthly status reports to the City on the progress of the I i Page 6 0 0 • o • r I ^t7c iJ4a ifo, Economic Development Program, which shall include a descrip- tion of expenditures of the Office made with funds appropriat- ed 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. Special studies, research, travel expenditures and operational expenses, including City administrative expenses relating to support of the Economic Development Transition Committee, will be funded as a line item in the 1995/96 Chamber Office of Economic Development budget, Until such time as the Economic Development Corporation is formally established and in operation, the chamber will remain accountable and liable, through the direction of the President, for fiscal management, disbursement of funds, and supervision of Economic Development Chamber staff and fulfill- ment of the original program goals. ARTICLE V. That save and except au amended hereby, that all the terms and conditions, sections, sentences, paragraphs, and phrases of the Agreement, as amended, shall remain in full force and effect. IN WITNESS HEREOF, the City of Denton, Texas ha. caused this Agreement to be executed by its duly authorized Mayor, and the Denton Chamber of commerce has caused this Agreement to be executed by its duly authorized Chairman of its Board of Directors on this • day of 1995, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 7 . r .4 a • 5.,onu '0, BY: APPROVED AS TO LEGAL FORM- HERBERT L. PROUTY, CITY ATTORNEY BY- DENTON CHAMBER OF COMMERCE BY~ ATTEST: BY: SECRETARY • Page 8 • R • r 40 v RESOLUTION r - ' Board of Dkedon Denton Ctwnber of Commmoa WHEREAS, Be Baud of Directors d the Derwon Chambw of Cammaoe Pwgp4e$ the lrnpontartcY of n►NntulnlnB a kxnul parkteneltlp wkh do City of Dton to Jolnt Me of foornonnk Dewiopnera; and W HE REAS, par one at to gwck rewnannenndmtkro of the Cannpetww Analysis, hawed jQW4 by the Damon Chamber of Connrnwoe rd Cky d A MON 0651 wai conducted by PHN Fanrw Conwkby and recNwd in February IM, proper that do prefam 01nomk Dewbprnrnt Pamtenlnip be rmewmp*N and WSIMAS, An Bard of Dow as d the Dorm Chamber of Cara awam ha nviewad, and agar vdh a propoal tubmlBed by the Qy CorarcQ on away 33,19!5 Which calk oar dm A*0s rnen d a fawn poem. Eawrom t Dew044mror Sawkr Conmduea b discus and pepwe a mumaelly aaoegable pion for the isoompossban at dive pn wl Econwro Uwdopeon Paranwfhip; Now, THEMFORE iE IT RESOLVED arm the wend of Dkeawa of the Dean Chrnber of Cantnanwm dome Wo1o r pl Endorse do appokrmoN of not Eornanic Dewlep Am Seew* Cowman to IrannedW* npiaoe and armle all mparrBriWY Was and Aendbrg of the cvmor Eoomm"k DovakI mMrnt Advkay IowaQ wkh to lewd of DkmOan d to Do cwt Ciumober of Cw m Dim b nwm three nru bars; to Qty CasocH to now ham but Am On new Sowkw Committees to War Ws own dubs and 121 SPWW * atmatoriu said Economic OSVWOP MM AlWft Commimne toe W mecoffmto td a now apaniaalion or mtoey telat ao Want of Mostly aameky i lon oil Eoonomot: DewEoprwr C croon ors, etpoom bom►book the Owren Cluerbw at Camww and Qty at Daman; Did 04 Dawiop a chattier and Nerdy hetdky medomAw* l her aid EDQ and W Reconwnwnd atl~ po cw ad oemmgc pwm for sod EDC, krdtr61% appropriate loaaan~d oMow, r wN r ft*wh p Wnka ad epdpurr m dk, and 44 Reoamnwd eppwp his nmardter and proMe d EDC lewd ad 01twootet; owned tN unto such tMu as laid Economic WMAtip me v: Cogisawart hot been (anMRy apptlhrad and A opwaton, ad ooau app matte amwndewnot to ar preMrr h nd g copWom behwen the Damon Chamber of Gwom oa and CWy of Damon to s m mete oorwwrion a6 W the Wool sower of fortancial support met O bl the admiml economic demelOpmwr pwward employed by, and oNked at, to Otervn Chooser at Commove. Pawed and 4Vm d by the Board of Madera at do Denton Chandler of Co nnwp durky Its mpLw mondry wood" on lane 22, 1"S. • hisdle SSaawbfs Clllk= of th o lewd ATTEST: Charles Carpenter PrmeWor l low O O • • Attachment 1 J COMPOSITE PROFILE OF ECONOMIC DEVELOPMENT ro TRANSITION COMMITTEE MEMBERS o Clear grasp of governmental structure & approval processes and reputation for establishing positive linkages. 0 Well respected by all community factions. o Evidence of ability to make highly effective public presentations. 0 Persuasive and influential, such that an audience will consider the speaker as constructive and positive -41 th character that draws respect. o Strong ability to negotiate/compromise - a "win--win" person. o Demonstrates objectivity and derisiveness. o Coalition builder. o Understanding of corporate business perspective. o Understanding of complex & creative financial constructs. o Proven ability to effectively work in a team committee r structure. l 0 Outstanding leadership abilities. o Strong public relations skills and ability to sell the programs, goals, and budgets to public and private stockholders. o Good humor; upbeat personality. o Team builder approach. o Knowledge of commercial real estate and infrastructure/ engineering cost issues. • o Thorough understanding of Management by Objectives (M.B.O.); experience in setting measurable goals and objectives and producing positive results. o Demonstrated competencies of business concepts such as return on investment (R.O.I.), business plan development, financial statements. o Ability to conduct contractual negotiations in a constructive fashion. 1 • 0 • 0 • Composite Profile of Economic Development Pego 2 Transition Committee Members (1 d~NG • '-~~TwA~M 'til. A p, U U it C o Knowledge of a-onomic development incentives and econoomme`tr modelling. o Clear understanding of results-oriented marketing design and implementation related to target markets. o High level understanding of process analysis techniques/tools,i.e., Pareto analysis, force-field analysis/scatter diagram, flow charting, cause & effect diagramming (fishoone). o Proponent of Total Quality Management (TQM) principles in organizational design. o Positive attitude about growth and direction ~)f city. o Progressive thinker. o Proficient in formulating and implementing strategic plans. o Experience in developing, implementing and monitoring operational budgets. o Experience in developing detailed job descriptions. o Strong ability to grasp legal complexities and complicated state and municipal legal principles. o Experience in recruiting and selection of executives. o Professional demeanor and respectful of diversity issues. o Ability to make extensive time commitment - especially in start-up phase. o Strong community involvement that has produced positive results for all. o Poise under public press scrutiny and personal strength to withstand stress. o Strong personal and professional ethics. 1 ]14 h • • CITY OF DENTON CITY COUNCIL MINUTES 020 May 23, 1995 D,~y?!!^ PJo The Council convened into a Closed Meeting on Tuesday Moy 22"x'1993" at 5:15 p.m. In the Civil Defense Room. AL"'i ~.M 11y.,. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Coluncfl`M`6Zb~t&-- Biles, Cott, Krueger, and Miller. ABSENT: Council Member Chew 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Discussed City's participation in City of Rusk. et. al v. GTF, and answer of City in GATE v. Denton case. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discussed the acquisition of property for expansion of the City's landfill. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discussed the appointment process for part-time Municipal Judge. Council Member Chew arrived during the Closed Meeting. The Council convened into a Work Session on Tuesday, May 23, 1995 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Biles, Chew, Cott, Krueger, and Miller. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the options for the PHN Fantus recommendations. City Manager Harrell stated that after filing the formal PHH Fantus report with the City and the Chamber of Commerce, City staff presented Council all of the recommendations and suggested those • which appeared appropriate for the City to take the lead in developing the discussion regarding implementation. Recommendations wire also considered for the Chamber as well as a third category of recommendations which were appropriate for the Economic Development Corporation. Staff was going to discuss those items for which the City would take the lead and would ask Council for direction regarding alternatives. The first recommendation suggested was to streamline the economic development program by reducing the size of the Economic Development Advisory Board to five individuals who the City Council would ultimately appoint to the Economic Development Corporation. Staff would coordinate meetings with the Council and Chamber to determine the appropriate size of the new Bcird and to appoint new 0 • w • City of Denton city council minutes May 23, 1995 Page 2 EDAB members. Fantus recommended that as the Council worked to reduce the number of members on the Board, it should make sure that those members were individuals who would work toward the stated goals and have the expertise to do the work. Currently there was a committee of approximately 20 members. It was felt that there was a need to form an interim advisory board which would work on upcoming budget, staffing, logistics an(ido the research necessary to formalize a recommendation on how the Corporation would develop in the future. The agenda Lack-up materials provided a history of the formation of the current board. The economic development proceso was first. started on the basis of a public-private partnership with the private sector being the lead organization. Originally the City's contribution was one-third with two-thirds coming from private contributions. The current Board was composed of members appointed by the chamber. The funding mechanism evolved somewhat differently. Currently the operating budget of the Chamber was a 50-50 split between the private sector and the public sector. However, in reality the private contribution did not reach that 50-50 level. It appeared that the City's role in economic development and in the funding of economic development would not diminish but probably increase. The Chamber had already aske9 the Public Utilities Board that the current $65,000 contribution be increased to $100,000 for the next year. It was felt that the City would have to take a large role to fund and insure that the industrial park recommended by Fantus was a reality. The City and the chamber needed to determine the make-up of the interim board within the next few weeks. There should be a 50-50 split for funding between the two entities. Mayor Pro Tem Brock asked if the council was looking at tentatively moving forward on the assumption that the council would follow most of the major recommendations of the Fantus study. At this point in time, the Council would not be actually voting on whether to establish an economic development corporation but would be moving in that direction. City Manager Harrell stated that currently there was a large advisory board which needed to be reduced to a workable number of members. That would take some type of formal action by Council once the City and Chamber decided the composition of the interim • board. The interim economic development steering committee was scheduled to develop a transition plan for moving the economic development operation from being overseen by the large group to a smaller, more workable group. This would include the budget, the staffing level, and logistics such as where to house the organization and technological applications. The second task of the interim committee would be to define and recommend to the • Council and to the Chamber what would be the best structure for the • • ongoing responsibility of the community economic development effort. This would be decided by participating in field trips, by talking about profiles for the permanent board members to be appointed, by determining the number of members, etc. The interim committee would be working with the city and Chamber staff to formulate those kinds of fo•.,tal recommendations. From the interim • 0 • au • J City of Denton City Council Minutes May 29, 1995 Page 9----~--- Ft~ JI I~'111 IV ll~ti board would come the approval of the formal structure for the development of a 501(c) (9) designation, a new charter and implementation of formal appointments to the new board. Once the formal board existed, there would be the establishment of a comprehensive business plan and the implementation of a plan on how to carry the business of economic development. A key question would be how to fund the economic development effort. in research being done on communities which were successful with an economic development sales tax, it appeared that it was helpful to have an economic development corporation already formed. Once the economic development corporation had permanent funding, it became fully operational and established the formal structure of operations and implementation of a strategic plan. Mayor Pro Tom Brock wanted to clarify that what the Council was doing was not a done deal as was indicated by the steps just outlined by the City Manager. The Council was moving in the direction of the Fantus recommendations but decisions were being made as the Council moved through the process. Council Member Cott stated that a community which did not have a strong participating Chamber of Commerce tended to not have new businesses locate there. Before any of this could be put in motion, there was a need to know what was going to be done and what the cost would be, council Member Miller felt that at this time the Council was not establishing a corporation. The current board was going to be reduced to a workable group. There was probably a year's worth of work for this group. He was assuming that the current system would continue to work while developing the smaller group. City Manager Harrell stated that staff would continue to do what it was presently doing as far as staff was concerned with the Chamber and the City. It was an open question whether or not to keep the larger board operating or turn those responsibilities to a smaller group along with other activities. That was the kind of input which was needed to proceed. Council Member Miller fela that the philosophy or strategy relative • to the public sector and the private sector needed to be known relative to the final product such as whether or not to have an industrial park. The process also needed to be coordinated with any Vision proposals. There was a need to not move too fast and to have constant dialog with the Chamber of Commerce, Council Member Chew stated that he favored a private/public joint • venture. He was in favor of keeping the current board in place to ' continue to operate until the smaller committee explored the possibility of implementing the new procedures, Council Member Cott stated that the only reason for economic development was a financial reason. He felt the City should first develop needs and then determine if that would be good or bad • 0 • f City of Denton City Council Minutes May 23, 1995 023 Page 4 growth for the City. Mayor Pro Tem Brock stated that specific goals and projects were being developed by the "work" section of the Vision group. Council Member Krueger stated that the proposal was to revamp the current economic development board as it was now as far as funding, structure, etc. Staff was asking how Council felt regarding the recommendation to downsize the committee or was there a need to change the committee. He felt there should be seven members on the board without Council representation. He did not want the economic development committee to get caught up in politics. The Council should help guide the committee and provide staff support but should not have any direct council involvement. The majority of the appointments to the board should be made by the Council such as four members appointed by the council and three members appointed by the Chamber which was based on the amount of funding provided. Council Member Biles stated that the final form of the structure was connected to the funding issue. The process was at a critical point in regard to the Fantus recommendations and the parallel recommendations from the Vision project. This subject would be a focal point of Vision hoping to fund other projects. It was necessary to move forward efficiently. The present form of the board was cumbersome and not able to function due to the large number of members. A seven member board was the right size for such a board. The private sector of the community, such as the Chamber, needed to be involved in this process. He felt that staff should develop the information necessary to address an interim board and how to make appointments to that seven member board. The interim board should not proceed too far due to the upoom:ug recommendations of the Vision project. Mayor Castleberry stated that the suggestion was for an interim board of seven members, four appointed by Council and three appointed by the Chamber. Council Member Miller asked if that interim board would raplaue the current advisory board. • Mayor Castleberry felt that the current advisory board would continue and the interim board would be a different board looking at other issues. Council Member Biles felt that if City dollars were going to be used for economic development over the next interim period, the new • board needed to replace the current economic development advisory • • board. The present board was too large and non-productive. If city dollars were being used, there should be one body addressing the application of those dollars rather than a duplication of efforts. He did not feel there needed to be a duplication of an economic development board. • • e W • n City of Denton City Council Minutes 1,124 May 23, 1995 Page 5 ^fJJ Council Member Miller felt that the smaller group would do the initial study and make recommendations regarding the structure to be approved by the Council and the Chamber. At that time, the larger board would be replaced by the smaller board. He was concerned that the smaller board should be concentrating on the future rather than performing both roles. The smaller board would not be competitive with the larger board. Mayor Pro Tom Brock stated that as a member of the advisory committee, there were many ongoing activities which would not be part of the smaller structure. She felt that the smaller group would be an interim committee which would make recommendations and perform studies while the larger group continued with the ongoing activities. The larger committee would be performing tasks which would not be directly involved in the smaller group's process. Council Member Biles expressed a concern that there was a significant potential for the two committee to run afoul of one another with both seeking guidance from the Council and/or the Chamber. The seven member board would not be too put upon to continue the daily work which the advisory board was presently charged with plus perform the future tasks. Council Member Krueger stated that the Fantus recommendation was not to create a new board but rather to reduce the current board. The current board was ineffective and with a reduction in size, would be able to be more effective. Council Member Biles stated that the Fantus report indicated a need to downsize the present board. No matter what the ultimate format or what the ultimate funding would be, the Fantus recommendation was to reduce the size of the board. Mayor Pro Tem Brock did not want to take the Fantus report too literally. The present structure needed to be replaced with a more efficient structure. It did not mean that there could not be an overlapping group which would perform the studies needed. Council Member Miller stated that Council needed to pattern the information with the community. He felt there should be two groups. one would continue to perform the present duties and one smaller group to do the studies necessary to formulate the recommendations needed. Mayor Castleberry felt that the economic development process would not be slowed by downsizing the board. What was done at this meeting would be presented to the Chamber. He agreed with the • recommendation of a seven member board. Consensus of the Council was to form a seven member board, Mayor Castleberry asked if the Council wanted the seven member board to replace the existing advisory board. • A % • 0 City of Denton City Council Minutes ~~y2 J May 23, 1995 Page 6 Consensus of the council was to have the smaller board replace the current board. Mayor Pro Brock stated that the Chamber might want input regarding this action. Mayor Castleberry stated that these recommendations would be presented to the Chamber Board. He stated that the seven member board would begin the process of looking at funding, etc. and return with recommendations to Council and Chamber. Consensus of the Council was that the seven member board would begin that process plus continue the present board activities. Council Member Biles stated that before the smaller board could replace the larger board, Council would have to approve a new contract with the Chamber. Council Member Miller asked if this board would function as a division of the Chamber of Commerce. Council Member Krueger replied no. Council Member Miller felt that a contract might not be needed if the recommendation was to establish a free standing board. council Member Bilea felt that Ken Burdick would continue to be the i point person for economic development efforts and his salary and support staff would come out of the budget which was established for economic development. A determination would have to be made on how to structure the group but there was a need to proceed with the downsizing. Council Member Miller asked if the group would be a free standing organization or was the recommendation to have a smaller board with a similar relationship with the Chamber. Council Member Biles felt that this would be a division of the Chamber with a new ordinance and new contract. It would be the • same except that it would be a smaller group and appointments to the new board would be different. Mayor Castleberry stated that the City Attorney would have to work out such details. The Council was only making a first recommendation so that the Chamber could see what direction the Council was going. • city Manager Harrell stated that the second recommendation from • Fantus dealt with the funding for economic development. Fantus recommended that groundwork be done for the adoption of a half cent sales tax and if the sales tax was not feasible, what other funding sources were available. Staff felt that the funding needs could be divided into two related but distinct parts. The first part dealt with operations relating to staffing, rent, training, producing • w • ity2of Deennton City Council Minutes /I I r ' l l J - 1 26 CMay 3, 195 Page 7 fact books, etc. The second factor was program/project expenses which were larger in scope and dealt with incentives, land purchases, infrastructure extensions, etc. Fantus felt that the operations for economic development were not funded at an appropriate level. That was an issue which would have to be discussed during the budget process. Other alternatives were long range. One alternative which the Public Utilities Board considered was to allocate up to $5 million from the Electric Department's 1994 earnings for economic development. A Vision report which would be presented in July would present possible funding alternatives. Council Member Cott felt that if more than $5 million could not be made, the funds should stay in the Electric Department. If more than $5 million could be made, the proposal should be considered. City Manager Harrell stated that that would be a policy decision which the council would have to make in the future. Another funding alternative concerned the City's general fund. This would be funding for operation and maintenance. This proposed funding would be in addition to the utility funds which were given to economic development. Municipal bonds approved by the voters was another funding alternative which could fund an industrial park. This again was a long range alternative for program funding needs. Community Development Block Grant money might also be available for program funding. The primary focus for CDBG funds would be to create jobs for low to moderate income individuals. Tax increment financing was an alternative which would accomplish economic development activities. With this alternative, property values were frozen while improvements such as streets, utility lines, and other amenities were developed. As development was generated on the property, the increased value of the property and the resulting increment of tax revenue was used to pay back the debt for the improvements. This would increase the value of the property to better market the property. Total private sector funding was not a very successful alternative for funding. More often there was a partnership with the public/private sector rather than totally private funding. Mayor Pro Tem Brock stated that she had heard of the idea of • selling shares to citizens in the private economic development corporation. This would give a number of citizens the opportunity to be involved, The economic development sales tax was another option which could be considered. City Manager Harrell stated that Item 3 of the Fantus report suggested that the City take the lead to involve the universities • in the economic development effort. At the last Town-Gown meeting, this item was discussed and those in attendance agreed to wait until the cluster analysis of Fantus was completed. Once that information was received the City would dialog further with the universities to see if others should be included. • City of Denton City Council Minutes May 23, 1995 Page 8 pg7 Council Member Krueger stated that the DISD needed to be involved in economic development as well as the two universities. City Manager Harrell stated that Item 5 of the Fantus report indicated that the City should be more effective in publicizing the reforms that had occurred and that would occur. The City had already moved forward with that recommendation with the Deputy City Manager assuming those duties, Another related recommendation was to ensure that regulations/ordinances and the processes associated with their promulgation and implementation were calculated to bring the kind of development favored by the public. It was suggested that regulations and ordinances which serve the long-term interests of the community such as beautification measures be kept In place. In that regard, the Planning Department would start soliciting input from area developers and start reviewing existing regulations and ordinances to identify those regulations that could be made more "user friendly". Council Member Cott asked if it were intended to bring the Vision projects through the budget process this year. City manager Harrell stated that most of the recommendations which would be coming out 6f the Visioning group involving the public sector would be candidates for more long term funding as opposed to short term budget funding. Council Member Cott felt that there would be problem if the CIP were closed and then the budget closed with no dollars set aside for vision projects, City Manager Harrell stated that if there were projects which the Council felt should be taken to the voters to ask for funding, there was the possibility that as the CIP was finalized, some of those projects would be included. Another development recommendation from Fantus was to support development of a one-atop permitting process and/or creation of an ombudsman position to ensure cooperation with business. An ombudsman could help businesses avoid interaction with city departments with which it had been difficult for some businesspersons to work. This would help keep Denton competitive with other Texas communities. This recommendation was already instituted with a major City reorganization in which the Deputy City Manager was now in charge of all the development processes of the city. The Deputy City manager was in the process of holding discussions with developers in the City and making modifications in the development process to address noted frustrations. His recommendation was to give that system a chance to work prior to making a decision to bring on another city employee. • Council Member Hiles asked for a time frame when the ombudsman would be replaced after the economic development corporation was established. rV ! , • • City of Denton City Council Minutes r 028 May 23, 1995 R Page 9 City Manager Harrell felt that some of the changes instituted would mean that the position might not be necessary in order to save funds. Mayor Pro Tam Brock, Council Member Miller and Council Member Chew were not present after a short recess. City Manager Harrell continued that the last development recommendation was to clearly define the goals of all city regulatory/development operations affecting the business community to ensure indoctrination of the customer orientation in all city regulatory agency staff. It was felt that with the reorganization already done and with continued customer service training this recommendation would be met. Mayor Pro Tam Brock and Council Member Miller joined meeting. City Manager Harrell stated that Item 8 dealt with industrial sites/infrastructure. One recommendation was to conceptualize a business park and identify an appropriate financing mechanism. The second recommendation was to develop a spec distribution center. These were long range items which woull be coordinated with the Vision planning. Item 9 dealt with infrastructure improvements which would be necessary to better position Denton for growth such as increasing and/or improving the roads near the Denton Municipal Airport. one recommendation was to initiate an effort with the Highway Department for a new entrance/exit ramp on I-35 near the Municipal Airport. A problem with the area was the limited access to the property especially during rush hours. Because the intersection of I-35E and 1-35W met at Airport Road, creating additional access near this area would be quite expensive. The Highway Department indicated that the only feasible option they would consider would be an entrance ramp to I-35W south from the existi:,g frontage road south of Airport Road. With this new entrance, a n9w study of the two-way frontage road would be initiated. In the past, most of these studies resulted in the two- way frontage roads becoming one-way. This would cause significant problems for industries on the frontage road south of Airport Road. It was suggested that an area of concentration would focus on improving access to the Airport from Jim Christal Road. This road would be improved and enlarged in the future to provide more access and capacity to the Airport and the industrial area to the west. Rick Svehla, Deputy City Manager, stated that if all the lanes were looked at and how they came together, there were 6 options on how to get to the Airport. Currently to get to the Airport, the Bonnie • Brae exit had to be used and then proceed on the frontage road to Jim Christal, oak street or go underneath the freeway to Airport • • ? Road. A new ramp could be built in the same area but would have to J be aerial which meant high dollars. The best option seemed to be to improve and enlarge Jim Christal Road in the future to provide more access and capacity to the Airport and the industrial area to the west. Y, • • r City of Denton City Council Minutes May 23, 1995 F}?.~ Page 10 City Manager Harrell stated that an advantage to the connector would be that it would open industrial property for potential development which now was difficult to develop. Council Member Krueger asked if that was the reason to move the location so far west rather than extending Precision to Jim Christal. Svehla replied that more territory was opened further west. and more access would be provided to the Airport. Council Member Biles stated that a connector was important but keep in mind a south entrance ramp. Svehla replied that a concern would be the change of the frontage roads to one way south. City Manager Harrell stated that another recommendation was to consider road improvements and additions that might be necessary to alleviate road congestion occurring from the establishment of new businesses or the expansion of existing ones along the I-358 corridor. The major highway projects were on the Highway Department schedule which the city would continue to monitor. A recommendation was that consideration should be given to the recommendations of the vision Transportation City such as the development of alternate transportation modes. Item 10 of the recommendations centered on the consideration of expanded mass transit offerings. The visioning project was taking this recommendation under advisement. Item 12 of the recommendations suggested that the city begin to develop a revised incentive package which was consistent with the brand image of the City and be meaningful to the kinds of businesses Denton decided to target. Currently Fantus was doing a cluster analysis which would provide a report on which industries to target. Staff felt once that report was filed, a joint meeting of the City, County and DIED be called to discuss how the taxing jurisdictions might better customize the tax abatement policy to be consistent with our brand image and attract targeted industries. In addition to tax abatements, staff would reexamine the existing internal incentive • policies to determine how they might also be amended to be consistent with the brand image. 2. The Council received a report and held a discussion regarding strategic electric rate issues relating to future TMPA power costs. Bob Nelson, Executive Director for Utilities, stated that TMPA was 0 switching from Texas lignite to Wyoming coal at the Gibbons Creek ' • • plant. It was estimated that savings would be $29 million per year. The main issue was whether TMPA should return all the savings to the cities by reducing the rates or should TMPA keep all or most of those savings in order to pay f^r future increases in debt service. The long term debt service was an issue of concern. TMPA's current debt payment was approximately $75 million per year but was scheduled to increase to $130 million per year by 2008. • +A • City of Denton City Council Minutes 030 May 23, 1995 , Page 11 Denton's share of this was approximately 21.5% to 22%. The City had been positioning itself to use some local electric department reserve funds to help offset the future increases in TMPA debt but additional funds or TMPA rate cuts would be necessary to retain competitive electric rates. Some TMPA cities needed all of the TMPA rate cuts passed back to their city so that they could have competitive rates today. There were three possible options for how the TMPA cost reduction could be used for rate stabilization. (1) TMPA could lower rates to just cover costs. The advantages of this option would be to lower rates today and would provide better assurances that TMPA could not spend funds for unnecessary purposes. A disadvantage of this option was that some cities might not set aside any of the savings for future TMPA rate increases. When TMPA rates were increased in the future to pay for increase debt service, one or more of the cities might not be able to pay the higher rates due to competf.tion over the rates they charged in their own city. This would force the fiscally prudent cities to help the less fiscally prudent cities. (2) TMPA could lower rates slightly now but xeep a majority of savings to be used for paying off future debt service. An advantage of this option was that a uniform rate stabilization was applied for all four cities and the ri,A of some cities not being able to pay future rates would be substantially reduced. A disadvantage of this option was that the TMPA staff and Board might not be inclined to hold costs as well as with option 1. (3) TMPA could lower rates slightly and set up four separate escrow funds, each controlled by one of the cities. Advantages of this option were that TMPA might be more inclined to hold rates down and TMPA would not be able to spend funds unnecessarily. Each city could release their own escrow funds to meet their particular needs. The disadvantage was that this might be legally difficult to accomplish and there was some question of how much control cities would have over such escrow funds. Council Member Cott stated that this organization was created in the late 1970's and came together this year. That might not happen again. He felt that rates were lase important than paying off the debt. City Manager Harrell stated that if the cities opted to have all of • the savings returned and a reserve fund was established to fund the spike when it occurred, there would be a need to inform citizens of the system and the reason for a large fund balance. It was known that the spike would occur in the future and a reserve was needed to even out the spike, if Council decided on the option to have TMPA keep the savings to reduce the debt and levsl out the spike, there would be the need to make sure that controls would be built • around the money so that it could not be used for any other purpose other than paying off the debt. • • Council Member Miller asked if the debt would be paid on an annual basis. Nelson replied that some of the bonds could be called. j " • w City of Denton City council Minutes May 23, 1995 031 Page 12 Council Member Miller suggested looking at the schedule to determine which ones could be called. Mayor Pro Tem Brock felt that Council appearad in favor of moving in the direction of paying off the debt as quickly as possible. She asked if the possibility of setting up some type of legal instrument had been considered which would escrow all surplus bonds to retire debt. That would be done rather than having each city escrow their own funds. Nelson stated that this similar opportunity existed once before when TMPA sold their 6.43 share of Comanche Peak. Not all of the money went to pay off the debt. Some of the money went for additional capital construction projects whereas there should have been major cuts done in operations. Mayor Pro Tom Brock asked if the proposal could be structured in such a way that it was untouchable for anything except for debt retiroment. Nelson replied that there were legal issues to consider. Council Member Biles asked if the TMPA staff did not understand the burden of the cities. Nelson stated that at times there was a concern that they were not on the front line dealing with customers such as the City of Denton was. Council Meiiber Biles felt that it was to Denton's advantage to pursue a unitary escrow fund. Was Bryan having the same concerns as Greenville in this area. City Manager Harrell stated that those were two different issues. When the Board members decided on what to do with the savings, there would be different opinions from the cities on what to do with the money. Council Member Biles stated that the debt retirement schedule only • addressed current bonds and there was no anticipation of TMPA spending more dollars for more capital assets. Nelson indicated that the annual cash graph showed a pro forma to 2017 which programmed in a $25-30 million combined cycle repowering of the exiting power plant. The rates were still competitive with TU rates in the area. It was felt that the competitive posture • could be held through the year 2000-2008. • • Bill Giese, TMPA Board of Directors, felt that it was critical to continue with the Planning and operating Committee. An escrow of ani type would need appropriate oversight. It was important to retire the debt quickly and as successfully as possible. O,rt t • • City of Denton City Council Minutes 032 May 2 13 1995 Ali' Council Member Biles asked if Bryan wanted to go as low as possible with rate payers. Giese replied correct as Bryan might want to sell power to College Station and in order to have that type of contract, it needed to have the rates low. Nelson stated that as staff discussed this issue with TMPA and durinq the budget process, staff would try to formulate some type of resolution for. Council consideration. 3. The Counril received a report and gave staff direction regarding the history of the current hotel occupancy contracts and discuss a schedule for recipient budget presentation end contract renewal. Jon Fortune, Chief Finance Officer, stated that the State allowed cities to impose a 7t tax on hotel occupants to be used to promote tourism and the convention and hotel industry. To accomplish this goal, the City contracted with various organizations in the community which promoted tourism and the convention and hotel industry to receive a percentage of hotel occupancy tax revenue. Currently the City distributed hotel occupancy tax revenue to the Denton Chamber of Commerce - Convention and Tourism Bureau, the Greater Denton Arts Council, the Denton County Historical Foundation, the Denton County Historical Museum and the North Texas State Fair Association. Each of these organizations were under a six month contract which was valid from April 1, 1995 through September 30, 1995. Recently the process to develop current contracts with each of these recipients was completed. In September of 1994 the Council appointed a Council subcommittee to review the distribution of hotel occupancy tax revenue and make a recommendation to Council regarding the uses of the funds. The committee had staff conduct a survey on the various uses and allocation of the tax in other cities. The Committee began an extensive review of the State statute and City code relating to the administration of the tax. The Internal Auditor conducted an audit of each recipient and asked the recipients to complete a questionnaire to determine how each organization used the hotel occupancy tax revenue to encourage and promote tourism. Several • organizations not currently receiving funding approached the committee for funding. Those organizations included the Denton Historic Landmark Commission, the Denton Main Street Association and the Denton Festival Foundation. Corgan and Associates also made a presentation regarding proposed improvements to the City's Civic Center. The Committee considered using a portion of the hotel occupancy funds to renovate or expand the Civic Center. Part • of the original recommendation was to establish a funding cap which • was calculated by taking a three year average of the actual hotel occupancy funds distributed to the recipients minus approximately one percent. Additional changes included changing the term of the contract from four and one half to two and one half years, making quarterly reports mandatory prior to distribution of funds, and establishing proof of insurance requirements to lessen the city's • 0 • City of Denton City Council Minutes May 23, 1995 4~C~i1.:NU~ Page 14 033 liability, The Council considered the Committee's recommendations at a meeting in February at which time a motion was made to modify the recommendation by changing the funding cap from a percentage of a three year average to actual 1994-95 budgeted amount, and change the contract term from two and one half years to six months. The motion to modify the contract term to six months was made to enable Council the opportunity to revisit funding scenarios and provide a more long term contract solution prior to September. Council Member Biles questioned the authority which required a budget amendment for any increase in the revenue distributed to the recipients. Mike Bucks, Acting City Attorney, stated that there was a requirement to have a grave public necessity in order to have a budget amendment. Council Member Biles stated that he could not find the legal authority in regard to a contractual matter with a third party and a dedicated revenue stream. Bucek stated that the problem might be that with other City contracts, the amount of liability was known for the upcoming budget year. When there was a dedicated amount and the amount ,rojected in the budget, an amendment was needed if the amount was changed. Council Member Biles stated that the contracts had never had a minimum amount so that an appropriation waft not necessary in order to meet a threshold contractual amount. This was a dedicated revenue stream and was noc paid from the general fund if segregated by contract. If the dollars came in from a segregated source and went out to designated segregated recipients, he could not find the authority to address that segregated revenue stream. Bucks stated that it might be a general accounting principle or auditing principle. Council Member Biles was asking if there was a way to have a separate account which was not shown in the budget. The problem might be that the auditors would not allow the city to do that and the City needed to find the basis for that decision. • Council Member Miller asked how to proceed with this in this budget cycle. Did the full Council want to participate in the presentation of the recipients or have the committee participate in the presentations. Mayor Pro Tom Brock stated that staff worked on procedures with the • organizations and brought them into compliance with many issues. • She had a concern that the cap was set before the organization had an opportunity to respond. She felt that the full Council should ✓ deal with the issues. j Consensus of the Council was to have the entire Council deal with j the issues rather than a subcommittee. • • J34 City of Denton City Council Minutes 1~;; N0,_~_ • May 23, 1995 Page 15 A~'G,u-:~►C7Z._. Fortune stated that the presentations would be made in late July- early August. The recipients would need direction before that in order to develop their budgets. Council Member Biles asked if council would be revisiting the issue of having more or less than five recipients. Mayor Castleberry indicated that that would be up to the Council. City Manager Harrell suggested including this item on the work session of June 13th for Council consideration. . 4. The Council received a report, held a discussion and gave staff direction regarding the council annual planning session. Joseph Portugal, Assistant to the City Manager, stated that Council had asked for additional research regarding the annual planning session. The preliminary date set was July 21-22. Staff updated the hotel options with costs for all four sites. All sites were available on the proposed weekend. Council Member Cott suggested staying at the Raddison as it would be better to stay in town. Mayor Pro Tem Brock was in favor of holding the session out of town. The midyear planning session was held in town and it had an entirely different structure. The major advantage of being out of town was that there were no distractions and council could concentrate on the issues. There were many issues to consider and it was important to meet in an environment conducive to making the best decisions. If the decision was to stay in the City, then she suggested that they meet in the Civil Defense Room rather than in an outside facility. The only reason to stay in the City would be to save money and she strongly urged to go out of town. ' 1 Council Member Krueger felt holdi,ig such a meeting in-house was not conducive to the type of environment. needed for discussions and the development of plans which the council would be considering. He • felt it would be very productive to hold the meeting out of the city. Council Member Miller agreed that the sessions needed to be held out of the City. The best environment Possible was needed to hold these serious deliberations. If the attempt was to save money, then the sessions should be held in a city facility. He was in favor of holding the sessions at the Solana. , Brock motioned, Miller seconded to hold the sessions at the J Marriott Solana. On roll vote, Brock "aye", Cott "nay", Miller Faye", Krueger "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried with a 5-1 vote. Mayor Castleberry indicated that the one item on the Closed session • < <l IryC~ 4AY fly ~4`;~\} lI 1. t. 1i -5 Y 0 r S`` ~ ' ash S r. r p~ ~'a+.~a a t 50 a { TI City of Denton City Council Minutes gjr 4pd2N0 _ May 230 1995 ~3D Page 16 AgccuaIIeffL, , which was not discussed would be held over until the next meeting. Council Newber Miller suggested that the Municipal Court Committee arrange a meeting with Judge white and then place the item on the agenda. With no further business, the meeting was adjourned at 9:40 p.m. BOB CAS LE1 , AY CITY OF DENTON, T "41-aml- 1 AL $ IFE I S ROTARY Y O DENTON, TEXAS jr A0O002a2 • u~ • • p . r ' DENTON oo°° o°0 a °°°°0o < 47 lti°oo 0 0 ED c::3 C:3 a d DD ~ n00 OOO 4A P oo~o 0 N . K 0000 °oQaaaaoo N CITY COUNCIL r .t • AQIMhMO .~~D 1r to 8E- S ' CITY of DENTON, TEXAS MUNW(PAL BUILDING 0ENTON, TEXAS 7620f • TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: August 10, 1998 SUBJECT: Ordinance Authorizing the City Manager To Execute An Agreement Between the City of Denton and Carter and Burgess For Consulting Services For the Denton Municipal Airport RECOMMENDATIONt Staff recommends adoption of this ordinance. BACKGROUND: The City of Denton requested proposals for engineering services relating to the design of future A. I. P. grants and facility construction at the Denton Municipal Airport. included in these projects are the construction of taxiways, a utility runway, airfield lighting, airfield drainage ind apron contruction. The projects are subject to the availability of funds from the Federal Aviation Administration (FAA). Four proposals were received and these were reviewed by the Airport Advisory Board. Additionally, each of the four engineering firms was invited to attend the July 12 meeting of the Airport Board and make presentations relative to the scope of services. Following deliberations by the Board, Carter and Burgess was unanimously • recommended as the engineering firm who could best provide the services requested at their regular meeting of July 26. Accordingly, the Staff has prepared an ordinance authorizing the City Manager to execute an agreement with the firm of Carter and Burgess for consulting services for the Denton Municipal Airport. • PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED: • None. "Dedicated to Quality Service" t f . . .e-Abvfe:e NS'Nir~llpel ApEndallc~ - - FISCAL MPACTi There is no cost to the City in filing the pre-application to the FAA for funding of projects related to the Airport. However, should the projects be funded by the FAA, then the city is obligating itself to enter into a collaborative agreement with the consultant for engineering services. In this oase, that would be Carter & Burgess. Consequently, in projects involting federal participation, the fee for basic services will be either a lump sum or cost plus fixed fee, as required by FAA guidelines. in projects where no federal participation is involved, the fee my be a lump sum, cost plus fixed fee, a percentage of the construction cost, or cost plus a percentage of construction costs based upon negotiations between the City and Carter and Burgess. Please advise if I can provide additional information. RESPECTFULLY SUBMITTEDi Llbyd V. Harrell City Manager Prepared by: Josep Portugal Assistant to the City anager Attachmentss 1. ordinance i 2. Agreement For Engineering Services 3. RFP 01767 - Request For Engineering Services • t S.~1 Ma~rrSN7t'Y .~n 3v'. r r. 1 t s« 1 t i r+C~~~~,i!t~rr, t( IP11140111 •ra veer 0cmar 10ft eels WW be nuxrlved by the City of D Dtan, Texas at tM oMos of tM puNrl"Ing Agaet pmlor to 04 p,w. .Bane 15 1995 (or the hollowing r 11110 N M0 1fN(iINI"ING 51'NV1(l;~~ FOR 'C1113 ORSIGN OF FUMRP. A.I.P. IMANTH ANI) FACILI'T'Y WNS'1 MITION FOR I)FN'I'ON MUNICIPAL AIN11017', 1MN'1'0N, 'fRXAB Tmlltlml pr4m1mnilva xu~epliara my obtain mpiois of the prop" with informetion at ilia o(not; rrf 11a Purob"Iug Aunt, laeator ai 601-A Texas Street, Denton, Takao, 74iltN In tho Narvlrm (;enter rxX*Pdex. T;' in icily u( Donlon, 'I'axao► rowrvna the right to rajwt or accept any proposal and eward to the mml adviumigmurl propose! rooeived. No coftor or alspWoyaa id ilia (lily of Denton sMll have a (lnanoial interest, direct or Indirant In mny eontrant with the (Aty of Denton. MinoHly and nawA bueinaax vandors era encouraged to subedt proposals. CITY 1110 DMNTON, TMXAN (417) .14A~910t1 1140M 1). "HAW, l,.P•M, f"i11WHANINO AUNNT • Thin advarlimownt to run 281 1995 and June 5 1995 « o f x"X Tc {^.r ~'et iS~ter~i S~~r~t F K ~r4`$ fi 3# i,~ r RFP 0 1767 Roti; REQUEST FOR PROPOSALS ENGINEERING SERVICES FOR THE DESIGN OF FUTURE A.I.P. GRANTS AND FACILITY CONSTRUCTION FOR DENTON MUNICIPAL, AIRPORT DENTON,TEXAS INTROBIlen The City of Denton is requesting proposals for Consulting Engineers for a three year time period to Provide engineering services for future A.I.P. grants and facility construction. Included in these projects and subject to availability of A.I.P. funds, will he the construction of taxiways, a utility runway, Airfield lighting, airfield drainage and apron construction. Denton is a city located in Denton County, north n" Dallas with a current population of 67,000. The Denton Municipal Airport is located at Airport Road, Denton, Texas. Development of any project will be within parameters that will achieve the most efficient faculty possible for the funds available. Important considerations include achieving maximum space utilization through efficient planning and expansion potential. The design of the projects must be done in a mamter that will allow the facility to be constructed within the project budget, Pretpplicabons will be submitted to the Federal Aviation Agency at no charge to the City of Denton. If a gram is offered and accepted, the Engineering firm will enter into a contract with the City of Demon to do the design of the projwl. i C SIt TINC £NCINEER SCOFF OF SERV'C,TUR Provide all services to amatruct the project including: D 1. Submit preapplication with Federal Aviation Agency on cap1W improvernema pursuant to the City of Denton's Master Plan. 2. Design r)ew!opment 3. Construction Documents D 4. Specifications (Statement of Probable Cost) 5 Bidding - Bids for construction will be sent out and received by the City of lemon Purchasing Department as prr state atatrte. 6 Construction Administration y. saw y . A - • A69nda No Apcn~'a!ten~`_ REQUEST FOR PROPOSALS PAGE 2 OF 4 Schematic Design Phase will involve all of the following: Analyze project serviaifunction requirements. *Functional requirements and special concepts ♦Site Requirements *Space Requirements *Cost and budget data *Climatic implications Estabbah structural, mechanical and electrical design concepts for facility. Research building code requirements and document information. Graphic studies of space requirements. Secure utility, survey and topographical data (furnished by owner), Define site utilization concept. Record schematic design studies and solutions. I Record structural, mechanical and electrical engineering systems concept. Record schematic design plans. Record general project description. Develop required sketches of interior and exterior features of "WI. The recommended firm may be required to attend public meetings such as: *Airport Board *Public hearings if required *City Council • Establish construction cost budget. , 0 • Prepare outline specifications. Present schematic design document to City for approval. • 54. • • w ijendaNo • zinc ~Q,,~lforrZ---•--..._ REQUEST FOR PROPOSALS ' PAGE 3 OF 4 TIle Agreement between the selected consulting engineer and the owner will be on approved City of Denton forms, with special conditions being agreed to by both parties, according to the RFP and other negotiated items. CONTENTS OF RHOPOSAL The consulting engineer's proposal should be concise and may be supported by other exhibits that demonstrate the firm's qualifications. The proposal should address the following: 1. Credentials of the consulting engineering teary that will be directly involved in the project, 2. A description of the procedure in which the architect/engineer will work with the City staff' 3. A list of similar projects and clients that may be contacted for additiojW information, i METHOD OF ISCTION Proposals will be reviewed by an evaluation team consisting of selected City staff rnemben and Advisory Board members. The top three or more firms whi be interviewed by the City staff and the Advisory Board numbers. Their recortn a dahans will be re%4-r*W and approved by the Boards and later sent to the City Council for final approval. The proposals will be evaluated on various criteria, including, but not iattited to, the following: I Consulting engineer team composition - organizations' adequacy, 2. Procedure in which the architeci/engineer would wort: with the City of Demon, • 34 Experience - both general and with projects of this type. 4. Quality of past work. j 5. Ability to complete the projects on time and within budget. • 6. Cost of services. , 7 Professional liability and/or errors and omissions insurance carried. 14 r 1 u 14{4 4n Y ,.yY ~ ~ 2f d 'h • tt r~. ti j•~i ~ , }:'sue. ~9~ I y fdt ~ x t tom. •f ~gona~~ sa;i REQUEST FOR PROPOSALS PAGE 4 OF 4 7lZit, ) .L ME FOR MIRM1171ING KFP Three copies of the proposal must be reoelved by 2:00 p.m., JUNE 1. S 19 9 S r Those otwscn at finalists will be required to submits sixteen (16) additional copies of the proposal for the Council and Airport Advisory Board. All proposals should be defiverod to: The City of Denton, Texas Tom D. Shaw, Purchasing Agent 901-B Texas Street Denton, TX 76201 In the event clarifications or additional information is needed, submit same In writing to Joe ThornpsaS Airport Manager, through the City ol'Denton Purchasing Agent, Tom D. Shaw, C.P.M., 901-8 Texas Street, Denton, TX 76201 r All Request for Proposals received within the required time will be evaluated and considered, The final cost of services will be considered after professional firms are selected and/or interviewed, • 1 RFPENOSR. WPD ....,r.... ..1 mt ~.4 A}t t ~,,aq la n Jet L • ~ •w i rAfji(};?ip lj7i~f~'~~'9~l ~ 'v ~ (d N,s, ` R p • E\XPD0C8\0RD\CL8TE8.0 Agen~aNo. AgoatlaltarrL,. Dale ORDINANCE NO, AN ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH CARTER & BURGESS, INC. FOR IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORTS AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the City Council approves and authorizes the City Manager to execute the attached agreement for engineering services with Carter & Burgess, Inc. to provide improvements to the Denton Municipal Airport. The City Manager is further authorized to negotiate the compensation for the engineering services in accordance with Section VI of the agreement, subject to the final approval of the agreed upon figure for compensation by the City Council. SECTION II. 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 WALTER, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM; ' HERBERT L. PROUTY, CITY ATTORNEY BY: • Agonda N0.__..,.... AGREZBENT FOR ENGINEERING J3ERVIQ7 STATE OF TEXAS § COUNTY OF DENTON § This Agreement made, entered into and executed this day of 1995, by and between the City of Denton, Texan, a mum pal corporation situated in Denton County, Texas acting by its duly authorized City Manager, hereinafter called the "OWNER" and Carter & Burgess, Inc., a corporation acting by and through its duly authorized Vice Pres ent, hereinafter called the "ENGINEER" acting herein, by and through its representative, duly authorized so to act for and on behalf of said ENGINEER, WITNESSETH, that in consideration of the covenants and agr(.e- ments herein contained, the parties hereto do mutually agree as follows: SECTION I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER as an independent contrac- tor, and the ENGINEER agrees to perform professional engineering services herein described in connection with the Project with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the sections to follow. The Project shall include the following improvements to the Denton Municipal Airport: A. SCOPE OF AIRPORT IMPROVEMENTS 1. Reconstruction of aircraft parking apron, including drainage improvements. 2. Construction of new terminal building.* • 3. Construction of automobile parking area.* 9^ Relocation of Masch Branch Road and amend Airport layout plan (sheet 2 of 10) of the City of Denton Airport master plan, 5. Acquisition of land for runway extension. • i' 6. Construction of new T-hangars,* 7. Construction of 1,500, extension of Runway 17 and parallel taxiway, including runway and taxiway lighting and marking, PAPI, relocation of ILS, and amend Airport layout plan (sheet 2 of 10) of the City of Denton Airport master plan. • w • AgeetlaNo,.._. AgvdAeiq,...,M-.._.-,.....___. 8, Installation of security fencing, fk,A~ 9. Construction of airport traffic control tower. *Improvements ineligible for AIP funding. SECTION II PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall continue until the design and construc- tion of the airport improvements described in Section I are com- pleted, However, it is expressly understood and agreed to by the parties that ENGINEER shall not commence the services set forth in Section IA unless written authorization to proceed from OWNER has been delivered to ENGINEER. The ENGINEER shall perform all the services required in a timely manner, and shall complete same in compliance with schedules established by OWNER. Time is of the essence in this Agreement. This Agreement may be sooner terminated in accordance with the provisions hereof. SECTION III BASIC SERVICES The scope of basic services for the Study and Report Phase, Design Phase, and Construction Phase will be restricted to approved and funded improvements whether a Capital Improvement Project or an ATP improvement. Subsequent funded improvements will receive engineer- ing services when notification on allocation of funds is received. The ENGINEER shall render the following professional services for the development of the Project; A. TASKS IN RFP'S AND PROPOSAL ENGINEER shall perform all of these services described in the OWNER's Request for Proposal 411767 and in ENGINEER's proposal dated the day of 1995, which documents are attached respectively as Exh bits "A" and "B" and made a part of this Agreement as if written word for word herein provided, however, in the case of any conflict between • the terms and conditions of this Agreement and Exhibits "A" anL "B", this Agreement shall govern over Exhibits "All and "B" and Exhibit "A" shall govern over Exhibit "B". B. DEVELOP PREAZELICATION Prepare preapplications for submittal to the Federal Aviation • Administration for airport improvement and land acquisition • projects eligible to receive Airport Improvement Program Funds. The projects to be in the application are identified in the scope of Airport Improvements, Se_.ton IA. PAGE 2 • a • Apan da I (en(. C. STUDY AND REPORT PHASE DalC._--.....__.,__._. After written notice from the OWNER to proceed, the ELI ;ER shall: 1. Consult with the OWNER; (a) to review the scope of work, (b) to verify the OWNER's requirements for the Project, and (c) to review available data, 2, Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, anO assist the OWNER in connection with any such services. 3. Provide analyses of OWNER's requirements for t,e Project, as verified in Section III, Paragraph H.1., including planning, surveys, site evaluations, and comparative studies of prospective sites and solutions. 9. Prepare a Report containing schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the considerations involved and the alterna- tive solutions available to OWNER and setting forth ENGINEER's findings and recommendations with opinions of probable construction costs for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants, Allowances for the cost of land and rights-of-way, compensation for damages to properties and interest and financing charges will be provided by the OWNER or others so designated by OWNER, all of which are hereafter called "Project Costs", The alternate solutions shall be limited to not more than three. 5. Furnish four copies of the Report to the OWNER, Present and review the Report with the OWNER. 6. The OWNER will select a preferred alternative for each airy-ort improvement. OWNER and ENGINEER agree that the services contemplated to be performed by the ENGINEER cannot be defined sufficiently at • the time of execution of this Agreement. Such services shall be undertaken under the terms of written amendments to the Agreement executed by OWNER and ENGINEER. Such amendments shall be approved by ordinance of the City Council. D. DESIGN PHASE I 0 After written authorization, the ENGINEER shall provide ~ • ~ professional services in this phase as follows; 1. Prepare detailed plane, specifications, contract docu- ments, designs, and layouts of improvements to be constructed (surveys to be furnished in Additional PAGE 3 A w A ~(;ondo No. Services, Section IV). 2. Provide all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface explorations. (Geotechnie-al services to be furnished as Additional Services, Sec'',on IV.) The ENGINEER shall monitor and review the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for the Project. 3. Furnish the OWNER, when requested, the engineering data necessary for applications for routine permits required by local, state, and federal authorities. Preparation of detailed applications and supporting documents for government grants or for planning advances will be provided as Additional Services. 4. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. 5. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. 6. Prepare revised opinion of probable construction cost, and bidder's proposal forms (project quantities) of the improvements to be constructed. 7, Furnish the OWNER six (6) sets of copies of plans, specifications, and bid proposals marked "Preliminary" for approval by the OWNER. Upon final approval by the OWNER, the ENGINEER will provide the OWNER forty (40) sets of copies of "Final" plans. As directed by the OWN8'R, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the j Project, shall be furnished by the ENGINEER and shall be paid for by the OWNER at actual cost of reproduction. A ~ E. CONSTRUCTION PHASE Upon completion of the design services and approval of "Final" plans and specifications by the OWNER, the ENGINEER will proceed with the performance of services in this phase as follows: • A A 1. Assist the OWN?12 in securing bids, issuing notice to bidders and notifying construction news publications. The notice to bidders will be furnished to the OWNER for publication in the local news media. The cost for publications shall be paid by the OWNER. PAGE 4 p n3,ti , y , h1 la • A t t i;Y. ~s. w ~aorid ,ItoI 2. Assist the OWNER in opening, tabulation, &hd 'anaftysts•oE the bids received and furnish recommendations on the award of contracts or the appropriate actions to be taken by the OWNER. 3. Assist in the preparation of formal contract documents for construction contracts. 4. Assist in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s), and prepare a proposed estimate of monthly cash requirements of the Project. 5. Make one visit each month to the side (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accord,arrs with the contract documents. In performing these services, the ENGINEER will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors; the ENGINEER will report any observed defects or deficiency:, immed- iately to the OWNER; however, it is understood that the ENGINEER does not guarantee the Contractor's performance nor is he responsible for supervision of the Contractor's operation and employees. Neither the ENGINEER or the OWNER shall be responsible for the means, methods, tech- niques, sequences, or procedures of construction selected by Contractor or the safety precautions and programs incide:it to the work of the contractor. ENGINEER shall not be responsible for the acts or omissions of any person except his own officers, employees, subcontractors or consultants, and agents at the Project site or other- wise performing any of the work of the Project. The ENGINEER shall submit monthly progress reports on the progress and status of the work to the OWNER through the City Manager or his designee. 6. Consult and advise with the OWNER during construction, make recommendations to the OWNER regarding materials and workmanship, and prepare change orders with OWNER's approval. 7. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data pursuant to the General Conditions of the Construction Contract. B. Interpret intent of the plans and specifications for the • OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the OWNER, for substitutions of equipment and/or materi- als or deviations from the plans and specifications will be considered and Additional Service. PAGE 5 rF, n) ,d . J I 7i ~ h ✓ Y+ , Y~ fr. 4 0 a► s A;Dntb NO~...--- fkile 9. Review and comment on monthly and final estimates for payment to Contractor(s), pursuant to the General Conditions of the Conatzuction Contract. 10. Conduct, in company with the OWNER's representative, a final inspection of the Project for conformance with the design concept of the Project and general compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). 11. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construc- tion. Two seta of prints of "Record Drawings" anall be proved by the ENGINEER to the OWNER. 12. Conduct a final inspection of the project thirty (30) days prior to the expiration of the one year warrant perl.od under the performance bond, which was from the final completion of the Project, and immediately report an; errors in defects or performance in the work, workmanship or materials so that OWNER can notify the Contractor(s) and any surety on the bond of same within the warranty period. SECTION IV ADDITIONAL SERVICES Additional Services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, as described as follows: A. Field Surveying required for the preparation of designs, drawings and plans. B. Field layouts or the furnishing of construction line and grade surveys. C. Investigatione involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate • schedules, earnings an(( expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. D. Making necessary property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title • search and examination of deed records; except there will be no additional charge for surveying where the ENGINEER can prepare centerline type descriptions for the procurement of easements along pipeline routes developed from the design surveys for the design of pipeline projecta; however, addi- tional surveys required to determine property corners and PAGE 6 • • Agenda NU,.-._-__..._.-1-... AgondaltoRL- complete development of descriptions forLA~ght-ef--Way-ease - ments will be considered an Additional Service. E. Prepare Airr~rt Improvement Program application and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. G. Preparing any required operation and Maintenance Manuals or conducting operator training and preparing Environmental Impact Assessments or Statements. H. Appearing before regulatory agencies .,r courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. 1. Furnishing the services of a Resident Project representative to act as the OWNER's on-site representative during the con- struction phase, if requested by the OWNER. The Resident Project Representative will aLt as directed by the E:;3INEER in order to provide more extensive representation at the Project site during limitations on the authority of the Resident Project Representative and assistants will be determined by separate written Agreement to be attached as an amendment to this Agreement. As set forth in Section III, D.5, the ENGINEER does not guarantee the Contractor(s)' performance nor is he responsible for supervision of the Contractor(s)' operation and employees. If the ENGINEER is requested to visit the cite more frequently than one visit each month as set forth in Section III, Paragraph D.5, the requested visits shall be considered as an Additional Service and the ENGINEER shall be entitled to additional compensation. Through more extensive on-site observations o.' the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, the ENGINEER shall endeavor to provide furthe• protection for OWNER against • defects and deficiencies in the work, but the furnishing of such Resident Project RepresentL_ion will not make ENGINEER responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs or for Contractor(a) I failure to perform the construction work in accordance with the Contract Documents. • J. Assisting the OWNER in claims disputes with Contractor(s). • • K. Performing investigations, studies and analyses of substitu- tions of equipment and/or materials or deviations from the plans and specifications. PAGE 7 '04 , • rp • L. Assisting OWNER or Contractor(s) in the defer o~-.pseaacutinn of litigation in connection with or in addition to those services contemplated by this Agreement, Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. M. Preparing detailed Plans and Specifications for Trench Safety System. N. Performing geotechnical services necessary for accepted testing of work completed by the Contractor. SECTION V RESPONSIBILITIES OF OWNER OWNER shall do the following in a timely manner so as not to delay the Services of ENGINEER; A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agree- ment, Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations] and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. C. Assist ENGINEER by placing at ENGINEER's disposal all avail- able information pertinent to the Project, including previous reports and any other data relative to design or construction of the Project, D. Arrangc: for access to and make all provisions for ENGINEER to enter upon public and private property as required for • ENGINEER to perform services under this Agreement, E. Furnish approvals and permits from all governmental authori- ties having jurisdiction over the Project and such approvals am consents from others as may be necessary for completion of the Project. • F. The OWNER shall determine, prior to receipt of construction • • bid, if the ENGINEER is to furnish Residential Project Representative service so the Bidders can be informed. G. If OWNER designates a person to represent OWNER at the site who is not the ENGINEER or ENGINEER's agent or employee, the PAGE 8 1, • • ~)ondaNo r, duties, responsibilities and limitations of authority of-such other person and the effect thereof on the duties and respon- sibilities of Engineer and the Resident Project Representative (and any assistants) will be set forth in an attachment that is to be identified, attached to and made part of this Agreement before such services begin. H. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 1. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services. J. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Section IV of this Agreement or other services as required. K. Bear all costs incident to compliance with the requirements of this Section V. SECTION VI COMPENSATION A. AIR PREAPPLICATIOJ~ Development of the preapplication for airport improvements identified in Section IA as eligible for AIP funding will be at no cost to the OWNER. B. BASIC SERVICES when identifiable airpoic improvements are determined, the OWNER and ENGINEER will agree on a compensation fee appropri- ate for the particular work to be accomplished. In projects involving federal participation, the fee for Basic Services will be either lump sum or cost plus fixed fee, as required by FAA guidelines; however, for projects for which no federal participation is anticipated, the fee may be lump sum, cost • plus fixed fee, a percentage of construction cost, or cost plus a percentage of construction cost, based on negotiations b(tween the parties to this Agreement. Any such Agreement or Compensation shall be reduced to writing, signed by both parties and attached to and made a park of this Agreement in writing and made a part of same as if written word for word herein. Progress payments may be requested by the ENGINEER • based on the percent complete. Requests for progress payments • • will not be more frequent than monthly. Requests for progress payments shall be accompanied by invoices/statements and other J adequate documentation. Nothing herein shall require owner to pay for services which are not performed satisfactorily in accordance with the terms and conditions of this contract. PAGE 9 JJ 1 • 4 • • C. ADDITIONAL SERVICES 1. For Resident Representation and *°-•~-i.;,on During Construction and Construction Layout For the resident representation during construction and construction layout (Section VI.1) , the ENGINEER shall be paid based on a fee to be negotiated and attached as Exhibit C. In general, the fee will be based on the employee's actual salary plus a multiplier to cover employee benefits, company overhead and the agreed upon expenses. Payment for resident project representation and construction layout shall be due and payable upon submission of statements by the ENGINEER. Statements shall not be submitted more frequently than monthly and shall be subject to the same requirements set forth in subsection VI.B above. 2. For Other Additional Services For Additional Services in Section IV except residential representation, the ENGINEER shall be paiC based on a fee to be negotiated, similar to paragraph above. Payments for Additional Services shall be due and payable upon submission by the ENGINEER. Statements shall not be submitted more frequently than monthly and shall be subject to the same requirements set forth in subsection VI.B above. If OWNER fails to make any payment due ENGINEER for services and expenses within nixty days after receipt of ENGINEER's statement therefor and adequate documentation as set forth in subsection VI.B above, the amounts due ENGINEER will be increased at the rate of 1R per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for 1 services, expenses and charges. Provided, however, nothing herein shall prevent OWNER from suspending payment or refusing to approve payment, without the additional monies, late charge or any other liability for services which are not aatisfacto- rily performed in accordance with the terms and conditions of this agreement. SECTION VII TIME OF COMPLETION OWNER and ENGINEER agree that the time of completion cannot be • defined at the time of the execution of this contract and shall be • made a part of this Agreement by means of an amendment executed by the OWNER and ENGINEER, as Exhibit D which shall become a part of this agreement as if written word for word herein. PAGE 10 • 0 r. AoondaNo,__...._.,._...__ SECTION VIII OPINION OF PROBABLE CONSTRUCTION COST The ENGINEER will furnish an opinion of probable construction cost of the work, but does not guarantee the accuracy of such estimates. Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance cost prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgement as an experienced and qualified design professional, it is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Report must of necessity be speculative until completion of its detailed design. Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder, Provided however, if the lowest responsible bid for the project is in excess of twenty-five (25V) percent of the ENGINEER's estimate of probable construction cost and the OWNER reasonably determines that the underestimate of probable construction cost is ch.a to an error or omission of the ENGINEER, and the OWNER may require the ENGINEER to re-design the project to bring it within the budget for the project based on the estimate of probable construction cost, SECTION IX REVISION TO PLANS AND SPECIFICATIONS The OWNER reserves the right to direct substantial revision of the Plans and Specifications after approval by the OWNER as OWNER may deem necessary, but in such event the OWNER shall pay to the ENGINEER just and equitable compensation for services rendered in making such revisions unless such revisions are necessary due to ENGINEER'S lack of diligence or care. SECTION X OBSERVATION AND REVIEW OF THE WORK • The ENGINEER will protect the OWNER against defects and deficien- cies it the work of Contractors, by observation of the work as it progresses, by interpretation of the plans, specifications and other contract documents to and with the Contractors, by the disapproval of defective work as may be observed and the issuance of stop-orders from the OWNER with respect to defective material • and workmanship where they are -)bserved, and the ENGINEER will exercise due diligence to assist the OWNER in requiring Chat the wcrk be done in accordance with plans anJ speeificational but the J' i Contractor will remain independent contractor with the OWNER, and the ENGINEER does not guarantee the performance of such construc- tion contracts. As set forth in Section III, D.5 and Section IV, I, PAGE. 11 ENGINEER or OWNER shall be responsible for the means, rii-efhUts; techniques, sequences, or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. Also the ENGINEER shall not be responsible for the acts or omissions of any person except his own officers, employees, agents, subcontractors or consultants, at the project site or otherwise performing any of the work at the project. SECTION XI OWNERSHIP OF DOCUMENTS All documents prepared or furnished by ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments of service and shall become the property of OWNER on the termination of this Agreement. ENGINEER may make and retain copies of information and reference, however, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse by OWNER without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without liability cr legal exposure to ENGINEER, or to ENGINEER's indepen- dent associates or consultants. SECTION XII ARBITRATION No arbitration, mediation or alternate dispute resolution proce- dure, arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without their approval. SECTION XIII TERMINATION OF CONTRACT The obligation to provide services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof through no fault of the terminat- ing party. In the event of any termination, ENGINEER will immed- iat^ly cease any services hereunder and will be paid a reasonable amount for all. services properly rendered and reimbursable expenses • ! incurred prior to the date of termination, which payments shall be based upon the payroll cost of employee engaged in the work by ENGINEER up to the date of termination of the contract and for ! reimbursable charges and expenses in accordance with compensation stated in Section VI and Exhibit C. All completed or partially completed reports, drawings or other documents prepared under this contract, including the original drawing, shall become the property • of the City when the contract is terminated hereunder, and may be ` ueed by City in any manner it desires, provided, however, in accordance with Section XI of this contract, ENGINEER shall not be J liable for the use of such documents for any project other than the project uescribed in this contract.. PAGE 12 Agenda No Anon daIto SECTION XIV PERSONNEL ENGINEER understands and agrees that in the performance of their professional services, ENGINEER shall be responsible to the level of competency and shall use tiLe same degree of skill and care presently maintained by other pract'cing professionals performing the same or similar type of work in the State of Texas. For the purpose of this agreement the key person who will be performing most of the work hereunder shall be ENGINEER will secure at its own expense all personnel required to perform all the. services required under this agreement. Such personnel shall not be employees or have a financial interest, direct or indirect, in any contract with the OWNER. SECTION XV SUCCESSORS AND ASSIGNMENTS OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGI1EER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administra- tors and legal representatives (and said assigns) of such uther party, in respect of all covenants, agreements and obligations of this Agreement. Neither OWNER or ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of tie other, except to the extent that any assignment subletting or transfer is mandated by law or the effect of this limitation may be restricted by law, unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement, Nothing contained in this paragraph shall prevent ENGINEER from employing such independent associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. Nothing under this Agreement shall be construed to give any rights or benefits ir, this Agreement to anyone other than OWNER and • ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. SECTION XVI INDEMNITY AND INSURANCE • Approval by the OWNER of this Agreement shall not constitute or be r • deemed to be release of the responsibility and liability of the ENGINEER, itr officers, agents, employees and subcontractors for the accuracy and competency of the services performed under this Agreement, including but not limited to, surveys, designs, working drawings and specifications and other engineering documents, r PAGE 13 • O r t, ,iS oaf t~ ,y vW6 E y i i AooadaNo Aq ubIlont~- _ Such approval shall not be deemed to be anaiasumption of such responsibility and liability by the OWNER for any negligent act, error or omission in the performance of ENGINEER's professional services or in the conduct or preparation of the subsurface investigation, surveys, designs, working drawings, and specifica- tions or other engineering documents by the ENGINEER, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by the ENGINEER signifies the OWNER's approval of only the general design concept of the improvements to be constructed, In this connection, the ENGINEER shall indemnify and hold the OWNER and all of its officers, agents, servants, and employees harmless from any loss, damage, liabi7.,lty or expenses, on account of damage to property and injuries, including death, to all persons, including but not limited to, officers, agents or employees of the ENGINEER or subcontractors, and all persons performing any psrt of the work and improvements which may arise out of any negligent act, error or omission in the performance of ENGINMR'e professional services or in the conduct or preparation of subsurface investigations, surveys, designs, working drawings, specifications, and other engineering documents incorporated into any improvements constructed in accordance therewith, The ENGINEER shall defend at its own expense any suits or the proceedings brought against the ENGINEER and its officers, agents, servants and employees, or any of them on account thereof, and shall pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection therewith, provided and except, however, that this indemnification p ovision shall not be construed as requiring the ENGINEER to indemnify or hold the OWNER or any of its officers, agents, servants or I employees harmless for any loss, damages, liability or. expense, on II! account of damage to property and injuries to persons caused by defects or deficiencies in design criteria •nd information furnished ENGINEER by OWNER, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other engineering documents. Without limiting the above indemnity, ENGINEER shall provide to OWNER a certificate of insurance as proof that he has obtained a policy of comprehensive general liability coverage (occurrence basis) %.'ith carriers acceptable to OWNER covering all risks rr.lating to the service to be performed under this contract, by the • ENGINEER, its subcontractors and consultants, such insurance to be in at leas. the following amounts; Bodily Injury Liability $500,000 Each Person $500,000 Each Occurrence Property Damage Liability $500,000 Each Occurrence Contractual Bodily injury $500,000 Each Person ® Liability $500,000 Each Occurrence r Contractual Property Damage $500,000 Each Occurrence The ENGINEER shall not commence work under this Agreement until it has obtained Professional Liability Insurance as required hereunder and such insurance coverage has been approved by the OWNER. Such PAGE 14 • w • ~;1~nda Na insurance shall be in the minimum amount of $2,000,6o0'-a11Q-ahall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) yeaz af,,er OWNER acceptance of the construction project and shall not be cancelled or modified without prior written notice to the OWNER. In this connection, upon the signing and return of this Agreement by the ENGINEER, a Certificate of Insurance shall be furnished tr, the OWNER as evidence that the insurance coverage required herein has been obtained by ENGINEER, and such certificate shall contain the Drovision that such insurance shall not be cancelled or modified without thirty (36) days' prior written novice to the OWNER. ENGINEER shall notify OWNER within ten (10) dayu of any modification or alternation in such Professional Liability Insurance. SECTION XVII DISCLOSURE. By signature of this agreement, the ENGINEER warrants to the OWNER that it has made full disclosure in writing of any existing conflicte of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed Project and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in wr ting of any conflicts of interest wtich develop subsequent to the signing of this Agreement and prior to final payment under the Agreement. SECTION XVIII RIGHT TO AUDIT 1 A. ENGINEER agrees that OWNER, until the expiration of three years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent design calculation, quantity take-off, books, documents, papers and records of the ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that the OWNER shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct auditc in compli- ance with the provisions of this section. • B. ENGINEER further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontracting consultant agrees that the OWNER shall, until the expiration rf three years after the final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, ® involving transactions relating to this subcontract, and further that OWNER shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection C hereof. OWNER shall give any subconsultant PAGE 15 • • Agondi No,___...,. reasonable advance notice of intended audits, C. ENGINEER and any subconsultant agree to photocopy such documents as may be requested by OWNER, OWNER agrees to reimburse ENGINEER for the cost of copies as followar 1, 5o copies and under - 10 cents per page. 2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter, SECTION XIX AGE In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, ENGINEER covenants that neither it nor any of its officers, members, agents, or employees engaged in perform- ing this Agreement, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. ENGINEER further covenants that neither it nor its officers, members, agents, or employees, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Agreement, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory require- ment. ENGINEER warrants it will fully comply with the Policy and will defend, indemnify and hold OWNER harmless against any and all claims or allegations asserted by third parties or subconsultant against OWNER arising out of ENGINEER's and/or its subconsultants' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Agreement. SECTION XX DISABILITY • In accordance with the provisions of the Americans with Disabili- ties Act of 1990 ("ADA"), ENGINEER warrants that it and all of its subconsultants will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of ENGINEER or ® any of its subconsultants. ENGINEER warrants it will fully comply • • with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold OWNER harmless against any claims or allegation asserted by third parties or subconsultants against OWNER arising out of ENGINEER's and/or its subconsultants' alleged failure to comply PAGE 16 • a Agenda No Ao rtdalIeaL._~_ with the above-referenced laws concerning disabiChl ski, -rimina6.ion in the performance of this Agreement. SECTION XXI VENUE-LAW Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. SECTION XXII DISCRIMINATION PROHIBITED In performing the services required hereunder, the ENGINEER shall not discriminate against any person on the basis of race, color, religion, sex, national :origin or ancestry, age or physical handicap. SECTION XXIII CAPTIONS The captions or headlines of this agreement are for informational purposes only and shall not in any way affect the substandard laws or conditions of this agreement. SECTION XXIV ATTACHMENTS The following exhibits are attached to and made a part of this Agreement: Exhibit A - Request for Proposal #1767 Exhibit B - Engineers Proposal Exhibit C - Schedule of Charges and Compensation Agreement This contract is executed in two counterparts. i IN TESTIMONY HEREOF, the Owner has caused this Agreement to be • i.gned in duplicate in its name and on its behalf, by its City Manager and attested by its City Secretary, and the Engineer, through its duly authorized undersigned officer has properly executed this Agreement in duplicate copies each of which is deemed an original, the day of _ 1995. PAGE 17 .w~ . X43k N T 1pa a t~ r 44endoNo -r----~ ATTESTI CITY OF DENTON'endalle OwNER Dalb ATTEST: CARTER & BURGESS, INC. ENGINEER APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: .L f ~ e M H i\MPDOCH\K\CMTHR, K PAGE 18 ,r pp , p5fq~ yy c ptp r t • • r ' DENTON O~aa00000pp000 00~~ ~o ~D a r~ T, o 0 OOOF4A OHO ~~oo T 0 N o00 °~ao~aoa~~~° ® CITY COUNCIL • P • r E i WPOOMORDWHAR I L VOW ApIMI1Nq ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 25-5 ("SOLICIT- ING BUSINESS OR CHARITABLE CONTRIBUTIONS") OF THE CODE OF ORDINANC- ES OF THE CITY OF DENTON; PROVIDING FOR A PERMITTING PROCEDURE FOR SOLICITING CHARITABLE CONTRIBUTIONS) PROVIDING FOR A SEVERABILITY PROVISION; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PRO- VIDING FOR A PENALTY FOR VIOLATION THEREOF NOT TO EXCEED $500.00; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 25-5 ("Soliciting Business or Charita- ble Contributions") of the Code of ordinances of the city of Denton, Texas, is hereby amended to read as follows: Boo. 25-5. Use of thoroughfares for soliciting. It shall be unlawful for any person to stand in the roadway to solicit charitable contributions on or along the side of the public streets in the City without having ob- tained a permit from the chief of police pursuant to Sec. 25-5.1 of this Code. SECTION II. That the Code of Ordinances, Denton Texas, is hereby amended by adding a section, to be numbered Sec. 25-5.1 ("Issuance of permits for use of roadways to solicit charitable contributions") which section shall read as follows: Geo. 25-5.1. Issuance of permits for us* of roadways to solicit charitable contributions. (a) A charitable organization desiring to solicit for charitable contributions upon the public streets of the City, shall file, not leas than five (5) days, prior to the solicitation drive with the chief of police, an application for a permit, containing the following information: (1) The name, address, ani phol^ number of the person(a) requesting the permit; (2) The name and locations of the street(s) upon which the solicitation is to occur, • (3) The date and time for the solicitation; (4) The name of the charitable organization aeon- • • coring the solicitation; • w • r t aQQ Af~~l~ ICfl~r-~~---•,•...,..~. (.SITU . (b) within throe (3) days of receipt of a proper applica- tion for a permit as required by this section, the chief of police shall approve and issue a permit to stand along the roadway to solicit charitable contributions for the period requested unless the chief of police determines that: (1) One or more of tha statements made in the application is falser or (2) The applicant has failed to fully complete all the information required on the application. (c) The chief of police shall immediately notify the ap- plicant in writing, either personally or by mail, postage pre-paid to the address listed on the application, of the denial of a permit. Any person aggrieved by the action of the chief of police in the denial of an application for permit under this section shall have the right of appeal to the C;:,.y Council. Such appeal shall be taken by filing with the city secretary, within ten (10) days after notice of the action complained of has been mailed to such par- sons last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal within ten (10) days, and notice of such hearing shall be given to the appellant by mail, postage prepaid, to the address listed on the application, at least five (5) days prior to such hearing. Any decision and order of the Council on such appeal which denies a permit requested shall be appealable by the City to a court of competent jurisdiution. The City shall file this appeal within five (5) days of the denial with a request for an expedited hearing at which the city shall bear the burden of justifying the denial of the requested permit. (d) All permits issued pursuant to this seotion shall be valid for not more than three (3) consecutive days. An applicant shall be allowed only two (2) such permits per • calendar year. SECTION III. That the Code of Ordinances, Penton, Texas, is hereby amended by adding a section, to be numbered Sea. 25-5.2 ("Regulation of charitable solicitations") which section shall read as follows: • sea. 25-5.2. Regulation of charitable solicitations. ' Notwithstanding any provisions contained in Sec. 25.5 or Sec. 25-5.1 of thin Code, no person shall engage in the following: PAGE 2 • 4a • 1. No person shall walk on the main traveled portion of the roadway for the purpose of solicit- ing funds. 2. No solicitation shell bo AoTmitted along primary arterial roadways Monday through Friday 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. 3. Solicitation shall be prohibited prier to 30 minutes after sunrise and after 30 minutes prior to sunset of any day, Monday through Saturday, and shall be prohibited at any time on avy Sunday. 4. No one under the age of 14 years of age shall solicit alor.l primary arterial roadways. 5. No person rha.ll solicit without wearing a traffic safety vest and displaying a valid permit upon their person. 6. No person sh»:1 bit exempted from observing all traffic regulations &-id pedestrian duties, ,iFCTION IV. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, c. application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted ouch remaining portions despite any such invalidity. ,S=JON V. That all ordinances or parts of ordinances in force when the provisions of this ordinance become, effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict and all other terms or provisions of such prior ordinances not in conflict with the provisions or this ordinance, shall remain in full force and effect. + • 1 ~ SECTION Vi, That any person violetinq any provision of this ordinance shall, upon conviction, be fined a num not exceeding Fivn Hundred Dol?.ars ($500). Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. • SE,:TION Vii. That this ordinance shall become effective four- taen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be PAGE 3 _ a t°, kt r S~ 1ar3aJ ~ Sk r r,..' .n717?!4'a~tf': rAeb1[!1li..` y{!~M•,:I:.; paper AQW0 No published twice in the Denton Record-Chronicleo the official news- paper of the City of Denton, Texas, within ton (10) days of the date of its passage. PASSED AND APPROVED this the day of , 199b, BOB Y, YOR . ATTESTS JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORNs HERBERT L. PROUTY, CITY ATTORNEY BY: ~~~td1¢ - ~c{ G • i PAGE 4 • m r AmnnilnM ~r,~ aNc jr • 1 r ~ ' 1 On 0010 / y j 1 , . . ~ 0 1 ~a ♦ r4= . LJ . ♦ ~Y i r 0 r v 1 fff ~ /J b A I fff ~ t `Ir f ' • TMOIIOIJOUI~YI we ■ wwwwr I A. um nwr~rw Rr r~ wow w ~M. • M u MOM" r Y ~ rr /iYl Yv~~~ Nw • 4 • cr " DENTON oooooaoooA oooQ Z G a C=l ( ° o° od d ppp~~ ~,~DO 000 r o N Q ~p~ COUNCIL • • r CITY • 0 • a • a, lhnrpml, rea RESOLUTION NO. A RESOLUTION APPOINTING BILL GIESE TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, term of office of Bill Giese on the Board of Directors of the Texas Municipal Power Agency has expiredi NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES1 SECTION I. That pursuant to the terms and provisions of Ordinance No. 75-22 of the City of Denton, Texas, Bill Giese is hereby appointed to a two year term of office on the Board of Directors of the Texas Municipal Power Agency, the term of office beginning July 1, 1995 and ending July 31, 1997, SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1995. BOB CASTLEBERRY, MA-Y5R ATTESTi JENNIFER WALTERS, CITY SECRETARY BYl • APPROVED AS TO LEGAL FORMi HERBERT L,PROUTY, CITY ATTORNEY BYt . 43 0 DENTON oooooaooooaooo 000 ~ 00 . o ° r:3 ° 0 D 00 r Q e eQQp ~poo N , ~ a0p0 oa~aaoaoo CITY COUNCIL . r I. Ap1AM~ h d- DA QIi1 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RESOLUTION APPROVING THE PROPOSED 1996 BUDGET FOR THE DENTON CENTRAL APPRAISAL DISTRICT, RECOMMENDATION: Staff recommends approval of the 1996 proposed Denton Central Appraisal District's budget. SUMMARY: Tho; Texas Property Tex Code requires taxing jurisdictions to approve or disapprove their Appraisal District budget within thirty days aftor Its adoption by the Appraisal District's Board of Directors, The Denton Central Appraisal District's proposed 1998 budget was presented to City Council by Mr. Joe Forsythe, from the Appraisal District, on July 18, 1996, and was adopted by the Appraisal District's Board of Directors on July 27, 1996. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The City's contribution toward the Appraisal District's 1988 budget is included In the 1996.98 proposed General Fund budget, Fi"AL IMPACT: The proposed 1998 budget contribution required by the City of Denton Is 131,018 less then last year, (I.e., 1996 allocation $169,688 vs 1996 allocation of 1128,680)r Tax unit contributions are based on a percentage of each taxing units current year levy. The City of Demon's contribution decreased due to the reduction of the City's 1994 levy associated to the 'h 0 sales tax to offset property taxes, Raspectfuily submitted: • (3~4 of Lloyd V, Harrell City Manager N POW by t.» c r . cower tlY\ z~ qua bv. , r Kelhy ERimp" M F AF roorse ' 9'k!:'. ,u r A, \corr"M AU Agenda No Agendslte r. RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1995-1996 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT] AND DECLARING AN EFFECTIVE DATE WHEREAS, the 1995-96 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton before July 18, 19951 and WHEREAS, the Denton Central Appraisal District adopted this proposed budget on July 27, 19951 and WHEREAS, the City of Denton has 30 days from the adoption of the proposed budget by the Denton County Appraisal District to adopt a resolution approving or disapproving it1 and WHEREAS, the proposed budget contains a list showing each proposed position, the proposed salary for the position, all benefits proposed for the position, each proposed capital expendi- ture, and an estimate of the amount of the budget that will be allocated to the City of Denton, Texasl NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council, pursuant to Article 6,06 of the Texas Tax Code, approves the 1995-96 budget adopted by the Denton Central Appraisal District, SECTION 11. That this resolution shall become effective immediately upon this passage and approval. PASSED AND APPROVED this the day of 1995. • BOB C&STMERRYe YO ATTESTI JENNIFER WALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORMi HERBERT L. PROUTY, CITY ATTO Y By1 >I Y 1 N 10 Ott p YY yrt. {y~A t43 YL 'IS Zti r l 4 F£' i l 1995 10 DENTON CENTRAL APPRAISAL DISTRICT PROPOSED 1996 BUDGET • t. t 4R 1 w..~~.....:-^^~""^Y~`•°•--...._~, ~ !f. ~ tt ~ ~ r r~.4 of ~a t}v'` ~ J ~ v« d Agenda No. PAaE 1 DENTON CENTRAL APPRAISAL DISTRICT 1996 BUDGET TABLE OF CONTENTS PAGE 13 TABLE OF CONTENTS PAGE Zt BUDGET LETTER PAGE 4s SUMMARY OF 1996 ESTIMATED REVENUES AND EXPENDITURES AND COMPARISON TO THE 1995 BUDGET PAGE St 1996 APPRAISAL OPERATIONS EXPENDITURES BUDGET AND COMPARISON TO THE 1995 EXPENDITURES BUDGET PAGE 6t EXPLANATION OF EXPENDI'T'URES, INCREASES & DECREASES PAGE 121 1996 ALLOCATIONS WORKSH"ET PAGE 14s 1966 CAPITAL EXPENDITURES PAGE 161 1996 SALARY SCHEDULE • G • i A n n. • w • 1 DENTON CENTRAL APPRAISAL DISTRICT 3n11 MORSE STREET P.O. BOX 2810 DEN TON, TEXAS 78202.2016 817.866.0004 June 14, 1995 To the Board of Directors and the taxing jurisdictions served by DCAD, the proposed 1996 Budget is hereby submitted. There is to be a public hearing on the proposed budget at 4t36 P,M.on July 27th. Tne original 1996 departmental requests were $2,601,907. After substantial el.anges were made to several accounts, including increases and decreases, tie final proposed budget is $2,518,631, which represents a very modest increase of only 1,079 over the final 1995 Budget, Fcr the last several years, DCAD has provided major funding to our operations by utilizing excess funds which had accrued in previous years. This approach to fut.ding the district's operations has kept the district's budgets from increasing to any great degree. However., the relatively small budgets were being artificially suppressed due to the use of funds on hand. Those funds have now been depleted and the district's operations will have to be funded from current revenues, if the concept of approving budgets with minimal increases continues, with little regards for added demands on our resources, the district could be facing Some very difficult financial times ahead, Denton County is one of the fastest growing counties in the State. This growth means ,substantlal additional tax revenue to the taxing jurisdictions, It also means substantial additional demands on the resources of DCAD, • DCAD daeperstely needs an adequate portion of the new tax revenue to handle the growth, However, DCAD is 6lmply not receiving a sufficient portion of the new tax revenues to continue to accommodate the increased expenses 1 incurred by DCAD, i In addition to growth, the district has to contend with legislative mandates, inflation, capital expsnsien needs, and the need to implement new technology, • All of these factors suggest, that DCAD'A budget should Increase substantially, • However, the increase is just not taking place, i i • ~ fii k "ITT, •~i SA N6 ! ay 1 ; i t 6 7 A't§.'£ • . r r+:4 -tbn t+1.v'hrYliiiC.~~rPi".Si34'c4rj+6tt'~fv i Agenda No Each year, the State "grades" DCAD through a raLlc study, These independent studies are the report card on thu diatcicL. Each year, the district gets an "A+". out work stands up very well under extremely close scrutiny, The ratio studies indicate that [)CAD performs as well as any district in the State, and better than most, when L.he ratio studies begin to indicate) that DCAD is not performing in a stellar fashion, there is a real risk to the school districts' State funding, When Lhe State's funds to the schools decrease, the decrease will have to be made tip from the lonal taxpayer. Tax rates will increase and the political battles will be fought. We just do not care to see this happen, We would prefer Lo have sufficient funding to address our needs and continue reroiving an "Al" on our report cards. We also need to remember that the same I.axpayet.a that would pay increased school taxes are the same taxpayers that. pay city, county and special district property taxes. Regardlena as to which type taxing jurisdiction raises its tax rate, the taxpayers will eventually vent their wrath on all taxing jurisdictions, In summary, the staff at DCAD requests that ear'' turiadietion assist the district by providing sufficlent funds so t.' 1D can continue to appraise all property at its market value, Title approach wLll, maintain equity for the taxpayers and will provide the Laxing jurisdietiona with a tax base that is truly indicative of the total market value of all taxable property within each taxing jurisdiction. L f , Joe Rogers Chief Apptnt'=nr r'. ' r A:I r 5t%,4Jyu' t ' a,y,~lf' , ti+~ 4 Y.a,t9 I, ~ i. is qf~ i' - a 1''r 'rt't1 tY-b( rv t, f ~ 1 1 }ay.SN;hglYf4Y~1fi4tR`/1S~W^TUlYW1~~'Agenda No PAGE 4 DENTON CE14TRAL APPRAISAL DISTRICT 1996 BUDGET SUMMARY OF 1996 ESTIMATED REVENUES AND EXPENDITURES AND COMPARISON TO THE 1995 BUDGET 1995 1996 CLASSIFICATION BUDGET BUDGET . RBVENUESs FUNDING FROM JURISDICTIONS $2,543,134 $2,575,631 INTEREST ON INVESTMENTS $7,500 $3,000 TOTAL REVENUES $2,550,634 $2,578,631 EXPXNDITU 93 TOTAL BUDGETED EXPENDITURES $2,5501634 $2,578,631 • a r T Ei~Y ~~4s£ l ra~f i 3 f laPf 7r,xk ! is x .s~ ~u £ ~r t ads . s • .wn~.rw..w..~.w~..~.... 1 fiL ! riyr ~ ,~.'tlf ~ r f • +ra • ' A~eadaNa, DENTON CENTRAL APPRAISAL DISTRICT 1996 APPRAISAL OPERATIONS EXPEND]-PURES BUDGET AND COMPARISON TO THE 1995 EXPENDITURES BUDGET ACCT ACCOUNT TITLE 1995 BUDGET 1990 BUDGET 6117 SALARIES $1,294,001 $1,343,083 6119 SOCIAL SECURITY (FICA) $89,870 $97,606 6120 GROUP HEALTH INSURANCE $128,076 $133,685 8121 RETIREMENT (TCDRS) $66,994 $64,239 6123 LONGEVITY PAY 313,380 $29,808 8124 AUTO EXPENSE REIMBURSEMENT $118,188 $118,498 6125 WORKERS' COMP INSURANCE $22,063 $23,172 6126 GENERAL INSURANCE $16,913 $16,272 6127 AUDIT $4,760 $5,000 6128 LEGAL SERVICES $70,000 $70,000 6129 OIL, OAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION $21,750 $28,620 6130 DEEDS, SALES, AND VALUE INFORMATION $32,119 $3407 6132 PRINTING SERVICE $43,207 $47,978 51; 3 OFFICE SUPPLIES $43,406 $33,251 Gi34 FURNITURE & EQUIPMENT $43,317 $30,868 6136 OFFICE EQUIPMENT MAINTENANCE $12,074 $16,094 5136 DATA PROCESSING MAINTENANCE $86,994 $88,829 5137 MEMBERSHIPS, SUBSCRIPTIONS & DUES $7,713 $7,724 5138 TRAINING • SCHOOLS, CONFERENCES, AND TRAVEL $31,085 $33,406 6134 POSTAGE & FREIGHT $87,088 $64,477 6141 LEGAL NOTICES & ADVERTISING $4,000 $4,000 6143 ELECTRICITY, WATER & SEWER $31,920 $31,920 5146 TELEPHONE $20,340 $24,368 6146 BUILDING & GROUNDS MAINTENANCE $15,831 $18,331 6148 APPRAISAL REVIEW BOARD $27,680 $29,250 • 6152 CONTINGENCY $30,000 $30,000 5163 BUILDING & LAND PAYMENT $59,088 $69,088 6154 BUILDING & LAND IMPROVEMENTS $21,000 $47,021 5155 MISCELLANEOUS $6,806 $6,200 6156 OTHER ASSETS $2,600 $700 6167 GEOGRAPHIC INFORMATION SYSTEM $131,387 $60,000 • TOTAL g $2,660,634_ UJ71! 31~ j i. • • i '.,`W .~~1 t X11` i IM APPRAISAL OPERATIONS BUDGET PAGE 6 EXPLANATION OF EXPENDITURES, A00rdaNa, _ INCREASES AND DECREASES A Cc tidal IwL, 1998 144 --"""TNGMIEDR CLASSIFICATION BUDGET BUDGET DECREASE IACCTM6f17 EALARIEB I $1,343,083,32 $t,294,007.22 $49,079.10 i HERE ARE 47 FULL-VANS ("I110NS IN THE 100 BLIO(IEI. MCH IS THE SAME NUMSER OF FALL 1M C EMPLOYEES 1110 f ANE ' SCHEDLILEO OR THE 400 BUDOE T FULL-TIME EMPLOYEES 31,311.603.32 PART,TIME APPRAISER FOR COMMERCIAL PROPERTY $10.00000 PART-TIME CLERICAL FOR COMMERCIAL PROPERTY =1,500.00 PANT-TIME CLERICAL FOR LAND DEPT. $1000.00 PART-TIME CLPRICAL FOR PERSONAL PROPERTY S3,000 DO PART-TIME CLERICAL FOR RESIDENTIAL DEPT. $12,300,00 PART•T%W CLERICAL FOR APPRAISAL SUPPORT DEPT, •,_3_020.00 TOTAL BA1.41"$ • ACCT 6 6117 1,143 08332 ACCT # 811! 80CIAL 8ECURITY )FK:A) $97,604,99 1!9,!89,73 17,!3!.16 THE FICA BUOOEI ITEM IS 7,H% OF THE EMPLOYEES' COMPENSATION TOTAL FICA • ACCT 8 8116 $91,50489 ACCT i446-- GROUP HEALTH INBURANC $133,996.14 $138,076.00 $0,810.14 OROLIP HEALTH CO VERAOE 18 FOR EMPLOYEES ONLY. 1HE ANNUAL SS.LINO FOR 47 EMPLOYEES FOR 106 19 ESTMMA7E0 TO BF. $2648.02 PEA EMPLOYEE TOTAL HEALTH INSURANCE • ACCT / 6120 S 131 Bg5.14 ACCT M 6121 • RETIREMENT (TCDRB) I $64,239,23 $85,994,24 18,244," 1H1 RET IHEMEN I EXPENSE 13 410% OF GROSS PAY f OR ALL FULL-TIME PERSONNEL. TOTAL RETIREMENT • ACCT A $121 $64 231123 !ACCT M 6127 -LONGEVITY PAY l $29,608.00 $14,380.00 119,12!.00 • t EACH EMPLOYEES LONOEVITY PAY IS IO PER MONTH fOR EACH YEAR OF BE RVIC E. TOTAL LONGEVITY PAY • ACCT 6 6123 $204,5000 [ACCT M 8124 • AUTO EXPENSE R3IMBURBEMEN7I $118,497,93 $1181188,00 009,93 • _ - , THIS BUDGET ITEM 1910 COMPENSATE EMPl,OYEESftlR IHf 118101 11VA PRIVATELY ONNEO VEHICLES DURING tHC PERFORMANCE OF THEIR JOB DUTIF 8, TOTAL AUTO REIM617R6678ENT • ACCT86124 116497.93 ICI JFY~i y icy •'I~ r - 1996 APPRAISAL OPERATIONS BUDGET PAGE 7 EXPLANATION OF EXPENDITURES, ty e"da No .-••-N~- INCREASES AND DECREASES l,I~(,,A11a~~C01 1998 fl CREA6EOR CLASSIFICATION BUDGET BUDGET DECREASE ACCT M 6120 WORKERS' COMP INSURANCE $23,172.13 $22,053.39 $1,116.70 THIS ACCOUNT PRfri10EB YIOMERS' COMP INSURANCE. COVVRAOE T01HE EMPLOYEES. TOTAL WORKERS' COMP • ACCT 06126 523.172.13 ACCT N 0121 •GENERAL INSURANCE $10,272.20 $16,915,00 MOM) 1 HE GENERAL WSUPAWE DUDOE7 11EM IS COMMUD OF THE FOLLOVMG a BUILDINO, CONTENTS, ETC. $3,02100 COMPUTER EQUIPMENT $2,010.00 GENEPUNL LIABILITY $U,404.00 PUBLIC OFFICIALS LIABILITY $3,777.15 TOTAL GENERAL INSURANCE • ACOT 6 6126 $1121110 ACCT N 0127 AUDIT $5,000,00 $4.760,00 $200,00 THS KOWY fTEM 16 SES10 WREASED A MINON AAIOUNI IMNCIIREF MOAREASOMWE W-REASE. TOTAL AUDIT • ACCT N 6127 55,000.00 ACCT A 6120 LEGAL 6ERVICE>! 170,000,00 $70,000.00 90.00 T1489L N1 ITEMISCHAROEDFOR ALLLEOAL EM PT.NSER ASSOCIATED YALN DEFEMW4 VALUES. TOTAL LEGAL SERVICES • ACCT 0 6126 $70100000 ACCT N 6129 OIL, 0A8, AND UTILITY VALUATION $26,520.00 $21,760,00 $3,670,00 TIN 6 ITEM IS CONIRACIEO FORA TIMD YE AR PERIOD AND ML L RE RESN1 FOR 10W AHD 1101 TOTAL VALUATION SERVICES •ACOT05126 5200't0.00 - - ACCT N 4130 SPED, RhLE9, AND VALUE INF 934,659.77 $32,110.79 $2,61730 THIS 91100ET ItEM 19 COMVRI SED a' THE PRIMARY COUNT. LS 01 VALLIEINFORMATION, TOTAL VALUATION SERVICES • ACCT 0 6120 yid 00017 ;ACCT N 6132 • PRINTING SERVICE $47,978.04 $43,206,63 $417011,62 DNS ACCOUNT IS CIWIGEO FOR AI L ITEM 9101 ovo mUN I FD TOTAL PRINTING • ACOT 9 6132 547,076,04 r , a, • • 1996 APPRAISAL OPERATIONS BUDGET JUfC11d~N0 .~GRA EXPLANATION OF EXPENDITURES, INCREASES AND DECREASES 1996 1996 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT N 6133.OPFNIE SUPPLIES $33,280,86 $43,408.83 (;10,164.97) THE OFFICE 6UPPLYBUD0ET IB COMPRISED Of EXPENSt-S INCUNRED FOR TRAOR IONM OFF ICE SUPPLY ITEMS TOTAL OFFICE SUPPLIES • ACCT N 6133 $37 260.190 ACCT M 6134 • FURNITURE i EgU1PMEN7 $30,888,00 $43,317,00 (1112,451,00) iWSBUDWTSECTON18DMDEOBYDEPAR?MFN7. ANASSET SCHEDULE APPEARS AT THE BACK OF tHE BUDGET. s TOTAL PURNRURE 4 ECTUIPMENT • ACCT 8134 fJ0 050.00 ACCT N 6f~6 - ^~RICH i- IPMENT MAINTENANCE $18,094.00 $121074.00 $020.00 MAINTIM OF ALL OFFICE EQUIPMENT EXCEPT FOR THE PERS41AL COMPUTERS, THE PRIMARY COMPUtt N AND COMPUTER PER"AAL DEVICE 81S CFUROED TO IHSAC('.DUNT. TOTAL OFFICE EQUIP MAINT • ACCT N 0138 S16 OB4.00 ACCF M 613! • DATA PROCEBSINCI MAINTENANCE $89,$26,$0 186,994,20 $534,40 1 FXS ACCOUNT IS COMPRISE D OF FIOTH DATA PROCE 86140 HAADWAREANOSOFTWAREMAINTENANCEBOtHITEMSAHE CHAROED fO THIS ACCOUNT SD 1H4T THE TOTAL COST OF DATA PROCE SSSFO WILL BE 61 OWN IN OW ACCOUNT. HARDWARE RELATED $40,201,80 SOFTWARE RELATED _ $40,327,00 TOTAL DP MAINT • ACCTS $136 _ $80m0 6778 80 (ACCT M 6197 • MEMBERSHIPS, SUBSC d DUES I $7,724.46 $7,713,46 $11,00 • 'IWS ACCOUNT IS CW0EDF0R ALL MEMBERSHIPS ANOMES.A140 SUBSCRIPTIONS TO EDUCATIONAL MEDIA. THOSE ITEMS HOI APPLICABLE DIRECTLY 10 A DEPARtMCNI ARE CI WIO[D TO 115. ADMREUTRAtIVE DEPAAtMF,NT, FURIWR, THOSE I1 FMS CItARCt.0 W THIN A DUPAR T ME NT IHAt AAE NCI CHARGEABLE 1 O A PAIt11C UI Alt EMPLOYEE AAE OMGED 10 THE DEPARTMENT III?AO TOTAL MEMBERSHIPS, SUBS & DUES • ACCT 8137 $7,724 45 ACCT N 6138. TRAINING • SCHOOLS, CONFERENCES I $13,406.00 131,086.00 $2,320,00 8 TRAVEL IHIS ACCOUNT 18 CPAROEO FOR ALL EDUCATIONAL. RI'IN LI) TRARANO Or) TRAM, THE TRIPS tO AUSI N 10 tMOTI:ST THE COMPTAOtLEROF PUBLIC ACCOUNIU PROPtR1Y TAX MV16104 VALLK F140MS ARE ALSO CILARGFO tO TIH $ ACC OUNI TOTAL TRAINING • ACCT N 6011: ~.33 405.00 411 Y 1968 APPRAISAL OPERATIONS BUDGET 109a ND EXPLANATION OF EXPENDITURES, INCREASES AND DECREASES 1998 1996 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT # 6136 -POSTAGE & FREIGHT I $64,877.38 $67,066,00 (12,810,82) VMS 11ODOE1 ItEMIS COMPRISEO OF THE FOLLOWNU. REAPPRAISAL NOTICES $9U,J 11 30 OTHER MAILINGS $13 66u (m TOTAL POSTAOE i FREIGHT • ACCT 16136 $04,477,78 ACCT 1$ 6141 • LEGAL md5dE6 6 ADVERTi81NG I $4,000.00 $4,000,00 $00 i iLI16 A000U1R 11 ckmo O FOR ADw"T6EMFN181N NEWSPMY:N6 CONCERNMIO EXEMPTION MATTERS SUCN AS HIOAIEStEADS, OVER65, DI AKW VEtERAMS, ANO PR0011CiMTY VAI.W ON MA I I E RS. OTHER ADVERTISEMEMS HAVE TO DO NIT" APP"SAL Pt"M NOTICES, MSCELlANEOUd CLASSWICU ArMR11SIN0. AND MMTATIONS 10810. TOTAL LEGAL NOTICES f ADV. • ACCT A $141 % $4 MOO ACCT M 6143 ELECTRICITY, WATER A SEWER I $31,620.16 $31,620.16 $0,00 tIM89U00ET ITEM IS FOR tme 0181RICrS CITY FRONDED LITXITIES tHE6LIDOETEDAMOUNTISREM06"140 THE SAME. TOTAL ELECT, WATER j $EMR • ACCT 16147 $71,020 16 ACCT N 6146 • TELEPHONE i $14,368.40 $20,339,70 $4,016.70 E LOCAL LINES $4,042.08 METRO LINES $8,047.40 LONG DISTANCE CALLn 59,42000 CONTRACTED MAINTENANCE $2,20691 MISCELLANEOUS _-__._5} 05000 TOTAL TELEPHONE •ACCT06146 24,356 40 ACCT M 6116 • BUILDING & GROUNDS MAINTENANCE $16.331,00 $16,631,00 $600.00 ~ /N1961100ET 1TEM COMPRISES AIL dUILdNO ATTD OROUNOS MAIMENANCE. AT SOME PONI I IN TIE NEAR FUTURE THERE Mt HAW TOOE SUWA11/1A1, FLPg6 SPENT ON REPLACING ALL. OR PANT OF. THENRCONpt101NNOUMiS. (1) BUILDING MAINTENANCE 516,071,00 - (2) GROUNDS MAINTENANCE _ $1,900,00 TOTAL BL DO, & GROUNDS MAINT • ACCT 18146 $16 171 00 • . ` j~yA Sll, oA Q i 1990 APPRAISAL OPERATIONS BUDGET PAGE 10 EXPLANATION OF EXPENDITURES, Ag9~dANo INCREASES AND DECREASES 1998 11199 INCR68E OR CLASSIFICATION BUDGET BUDGET DECREASE ACCTA 6148 • APPRAISAL REVIEW BOARp 120,260.00 {2700.00 {1,670.00 THIS 61106E t ITEM 16 CNAftMD FOR PAYMENTS TO ARB MEMBERS FOR WORK OURNO THE MANDAI ED VALUE EOUALtlATION PROCESS. MAY, JUNE AND JULY MEETINGS $23.40000 FOUR SUPPLEMENTAL ALL DAY MEETINGS S3.60000 FNE SUPPLEMENTAL HALF DAY MEETINGS ___52,25000 TOTAL APPRAISAL REVIEW BOARD • ACCT J 6148 = $2q V j 00 ACCT M 0162 • CONTINGENCY l $30.0m.00 {80,000.00 $0,00 t, 6" ACCOUW 18 FOR UNANTIC%'ATED EXPE NSEB. TI 48 000097 N EM IS BEING PICREASED TOTAL CONTINGENCY • ACCT 0 6162 30, DO ACCT I61418 BUILDING A LAND PAYMENT I $59,088.00 {68,066,00 $0.00 THIS ACCOUNT N CHAAOEO FOR THE PAYMENTS ON TIN: AM 84 D16tWT'S MADNO ANU LAND NOTE (OR THE Of WON OFFICE TOTAL BUILDING i LAND PAYMENT • ACCT 6 6165 358 066 00 ACCT 8 6164 iokbi11G i LAND IMPROVEMENTS l 647,021,00 $21,000.00 {29,021,00 TINE BUDGET ITEM 14 CKAR060 FOR VARIOUS TIM DIW3 . ANO WV) NAPROVEMENTIII, 125 FEET OF PARKING SPACES $13,489.00 60FEET OF PARKING SPACES $0,105 W 60 FEET OF PARKING SPACES $0,427 D9 ARCH I I ECTURAL FEES FOR PLANS FOR FUTURE SUILIDING EXPANSION $15,000. DO IMPROVE DRNEWAY TO STORAGE BUILDING --i3 ~O00 00 TOTAL BLDG. i LAND IMP • ACCT B 5164 $4702100 (ACCT M 6166 • MIBCEI LANEOUB I 10,200.00 $81606.00 (H06.001 ITEMS THAT VML NOt(IT WELL IN ANOTHER CAI EOORY. FILM 8 FILM PROCESSING 31,200.00 * MISCELLANEOUS 31.00000 REIMBURSING UNEMPLOYMENT f4,W}O UO * ) _ I i 0 TOTAL MISCELLANEOUS • ACCT 8 6166 $62.000 +ACCT 8 61Ei •OTHfiA A68ET8 I 1700.00 $2,600.00 (N,{00,00) i I.~ I "S ACCOW 18 USED 10 PLRCHARE HONOR ASSET S. TOTAL OTHER ASSETS • ACCT 0 61 66 mow. $700,00 y ~ k "t - nt ~ PLY Y~ r~~ yt~~ 1996 APPRAISAL OPERATIONS BUDGET EXPLANATION OF EXPENDITURES, INCREASES AND DECREASES A~JU(1d8IICRL.+-~..^.~ 1990 1"5 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE (ACCT S 5157 - GEOGMPIAC WORMATION SYSTEM I $90,000.00 0131,357.20 IMAM) TMS ACCOUNT M U6EO TO RACK"E A 0t9 MUM. TOTAL OTHER ASSETS -ACCT 0 6167 .020.0.00 • • • DENTON CENTRAL APPRAISAL DISTRICT PAGE 12 1998 APPRAISAL. BUDGET ALLOCATIONS WORKSFl:illCfl? "ALL FIGURES ARE ESTIMATES" IIj"; % OF DENTON OUT OF 1998 1894 TOTAL COUNTY COUNTY BUDGET JURISDICTIONS TAX LEVY LEVIES CHARGES CHAR068 ALLOCATION SCHOOL DISTRICTS: S01 ARGYLE ISO $2,668,616,38 1.302% $32,576 $32,676 S02 AUBREY ISD $1,254,555.61 0.612% $15,315 $15,315 $05 DENTON ISO $33,972,002.49 16.581% $414,701 $4' 1,701 $07 KRUMISD $1,238,250.59 0.604% $15,115 $16,115 S08 LAKE DALLAS ISD $3,864,000.67 1.8860b, $47,188 $47,168 S09 LEWISVILLEISD $70,182,336,01 34.2.54^/6 $856,725 $856,726 S10 LITTLE ELM ISD $1,842,742.27 0802% $20,053 $20,053 S11 NORTHWEST ISO $12,084,263.47 5,898% $147,614 $61,093 $208,607 S12 PILOT POINT ISO $1,740,316.08 0,849% $21,244 $13,162 $34,398 S13 PONDER ISD $766,94682 0,374% $9,362 $9,362 S14 SANDER ISD $2,323,008.88 1.134% $28,368 $28,368 SCHOOL DISTRICTS TOTALS $131,737,937 77 04.206% $1;6081142_ $74,246 $1,682,387 001 DENTON COUNTY $31,134,101,05 15196% $380,056 $O $380,068 CITIES# C26 CITY OF ARGYLE $281,670.88 0.128% $3,194 $3,194 C01 CITY OF AUBREY $95,520,26 0.047% $1,166 $1,188 C31 TOWN OF BARTONVILLE $81,453.38 0.040% $994 $994 C03 CITY OF THE COLONY $4,439,445.34 2167% $54,193 $64,193 C04 TOWN OF CORINTH $748,891.13 0.366% $9,142 $9,142 C27 TOWN OF COPPER CANYON $64,508 17 0,031% $787 $787 COS CITY OF DENTON $10,530,692.95 5.140% $128,560 $128,660 C30 CITY OF DOUBLE OAK $184,821.72 0,090% $2,264 $2,254 C07 CITY OF FLOWER MOUND $5,472,075.19 2.071% $66,708 $68,798 C22 TOWN OF HACKBERRY $10,842,05 0005% $132 $132 C19 TOWN OF HICKORY CREEK $265,392.76 0,130% $3,240 $3,240 COS CITY OF HIGHLAND VLG $2,745,243.79 1.340% $33,612 $33,612 COD CITY OF JUSTIN $124,218.52 0,061% $1,516 $1,616 C18 CITY OF KRUGERVILLE $33,113.13 0.018% $404 $404 CIO CITY OF KRUM $81,87314 0040% $997 $997 C11 CITY OF LAKE DALLAS $455,373.03 0.222% $5,659 $6,869 • C25 CITY OF LAKEWOOD 01.0 $22,447.24 0.011 % $274 $274 C12 CITY OF LEWISVILLE $10,865,140.61 5.313% $132,616 $91 $132,967 C13 CITY OF LITTLE ELM $146,483.92 0,071% $1,788 $1,768 C23 CITY OF MARSHALL CRK $6,803.14 0,003% $83 $83 C33 TOWN OF NORTHLAKE $48,432.23 0,024% $591 $691 C24 CITY OF OAK POINT $90,574.53 0.047% $1,170 $1,179 C14 CITY OF PILOT POINT $423,289,15 0,207% $5,107 $5,187 e C16 CITY OF PONDER $18,318 53 0.009% $224 $224 C17 CITY OFROANOKE $376,103.40 04183% $4,860 $4,680 • C18 CITY OFSANGER $345,227,24 0,168% $4,214 $4,214 C28 CITY OF TROPHY CLUB $925,140.74 0462% $11,293 $11,293 CITIES TOTALS $38,887,791.93_ _18.980% $474708 O8 S91 $474,799 j SPECIAL DISTRICTS: N 1 ri L ,i ,t}¢~,~ 'vr e!'Cr.L~'~ ~~r•Rt{Yt 'F sa+ _ i-q~r W{ _ r i ? a s r£`d.!` • DENTON CENTRAL APPRAISAL DISTRICT908N0 PAGE 13 1996 APPRAISAL BUDGET ALLOCATIONS WORKSI,) q1, "ALL FIGURES ARE ESTIMATES" G811C % OF DENTON 60"OV "1Mll- 1994 TOTAL COUNTY COUNTY BUDGET JURISDICTIONS TAX LEVY LEVIES CHAR096 CHARGES ALLOCATION W04 CLEARCREEK WATERSHED AUTHORITY $10;279,75 0.008% $199 $199 W07 CORINTH MUD $234,136,82 D.l14% $2,658 $2,666 F01 DENTON COUNTY FIRE DISTRICT $38,162-.1112 0.018% $441 $441 1-01 DENTON COUNTY LEVY IMPROVEMENT DIST #1 $246,189.82 0.120% $3;005 $3,008 W05 DENTON COUNTY MUD 02 $527,641.14 0.268% $6,441 $6,441 RUD DENTON COUNTY ROAD d UTILITY DISTRICT 01 $1,170,34625 0671% $14,267 $14,267 W03 TROPHY CLUB MUD 5804,71168 0.393% $9,823 $214 $10,037 MS LAKE TURNER MUD _91,874.00 0.046% $1,110 51,119 SPECIAL DISTRICTS TOTALS $3,127,132,76 1.626% 36173 $214- $36,387 DRANO TOTALS $2044886.963.51 100Z0k $2,601,081 4 650 $2,i 57+ , `ia h'7 t4 ~ yts s w s r CAPITAL EXPENDITURE'; PQendDN0,_____._p.AoE 14 AgoanallfllFlr,.._ DEPARTMENT DESCRIPTION C00 PRICE..... 7 -)TAL DEPT.1 - ADMINISTRATION DEPARTMENT ASSETS (A) PERSONAL COMPUTER W11 T' MONITOR & SOFTWARE I $3,0D0 $3,000,00 (B) CONTOUR DATA ENTRY CHAIR 1 $260 $260.00 TOTAL ADMINISTRATION DEPARTMENT ASSETS $3,260.00 DEPT. 2 - COMMERCIAL DEPARTMENT ASSETS (A) DESK CHAIR 1 $350 $360.00 (B) PERSONAL COMPUTER W117" MONIT OR & SOFTWARE 1 $3,000 53,00040 ~C) FILING CABINET, S-DRAWER, WILOCK 2 $250 $600.00 TOTAL COMMERCIAL ASSETS $3,660,00 DEPT. 3 • PERSONAL PROPERTY ASSETS (A) FILING CABINETS, 4-DRAWERS, WILOCK 1 $176 517640 (B) PERSONAL COMPUTER W117" MONITOR & SOFTWARE 1 33,000 $3,000.00 TOTAL PERSONAL PROPERTY ASSETS $3,175.00 DEPT.4 • RESIDENTIAL PROPERTY DEPARTMENT ASSETS (A) PER80NAL COMPUTER W11 T' MONITOR & SOFIWARE 1 $3,000 $3,000.00 (8) PERSONAL COMPUTER LASER PRINTER 1 $1,600 13 ,600.00 TOTAL RESIDENTIAL PROPERTY DEPARTMENT ASSETS $4,600,00 DEPT, 6 • DATA PROCESSING DEPARTMENT ASSETS (A) TERMINALS 6 $460 $2,700-00 $2,700.00 • TOTAL DATA PROCESSING ASSETS DEPT. 6 - APPRAISAL SUPPORT DEPARTMENT ASSETS (A) WORK SURFACES FOR HERMAN MILI.LR PANELS 6 $684 $4,10400 • (B) 120 YARDS OF CARPET 120 $12.10 $:,462.00 • TOTAL APPRAISAL SUPPORT ASSETS $5,55e.00 i i h ,.i •4~ r e -t N" !n-' - W9" "r T i yy T ,tr 9 rit ..s: P' h. "f r S ~ i ft e r 4 411 CAPITAL EXPENDITURES ~gF3Bd~No AgoOailorr~.- DEPARTMENT DESCRIPTION tilt': rR19E'-A~AL- DEPT, 7 • RESEARCH 6 TRANSFER ASSETS (A) MICROFILM READERIPRINTER 1 $6,000 5,000.00 TOTAL RESEARCH 8 TRANSFER ASSETS $6,000.00 DEPT, 6 - LAND DEPARTMENT ASSETS (A) LATERAL FILING CABINET, 4 DRAWER 1 $500 $500.00 (B) PERSONAL COMPUTER LASER PRINTER 1 $1,500 $1,600.00 (C) CHAIRS FOR DESK 1 $360 $350.00 (D) PRINTER COVER 1 $476 75.00 TOTAL LAND DEPARTMENT ASSETS $2,825.00 TOTAL CAPITAL EXPENDITURES $30,806,00, ' } 1 l Jed r • s► • ' ~g9rrdaNo`~A't~"rG'" 1996 SALARY SCHEDULE U3t3• _ - - - - PROPOSED 1996 TITLE SALARIES ADMINISTRATIVE DEPARTMENT: CHIEF APPRAISER $64,746.53 DEPUTY CHIEF APPRAISER $52,700.86 DIRECTOR OF ADMINISTRATION $51,138.24 OFFICE MANAGER $32,378.00 1 RECORC9 MANAGER (eliminated) $0.00 ADMINISTRATIVE ASSISTANT (replaces Records Mgr) $29,261.17 SUPPLEMENTS & AGENT FORMS MANAGER $31,512.03 MAINTENANCE EMPLOYEE $16,640.00 COMMERCIAL PROPERTY DEPARTMENT: APPRAISAL SUPERVISOR-COMMERCIAL PROPERTY $45,000.00 SENIOR COMMERCIAL APPRAISER $32,207,12 COMMERCIAL APPRAISER $25,212.44 COMMERCIAL APPRAISER $21,336.79 COMMERCIAL APPRAISER $25,212.44 INFORMATION SPECIALIST-COMMERCIAL PROPERTY $18,763.63 COMMERCIAL APPRAISER (HALF-TIME) $10,000.00 PART-TIME CLERICAL $1,500.00 LAND DEPARTMENT: APPRAISAL SUPERVISOR - LAND V71500.00 SENIOR LAND APPRAISER $33,507,92 LAND APPRAISER $27,868.94 PART-TIME CLERICAL $3,000.00 • PERSONAL PROPERTY DEPAR'T'MENT: APPRAISAL SUPERVISOR-PERSONAL PROPERTY $40,700.85 SENIOR APPRAISER-PERSONAL PROPERTY $31,540.62 PERSONAL PROPERTY APPRAISER $20,977.74 • PERSONAL PROPERTY APPRAISER $26,261,93 • INFORMATION SPECIALIST-PERSONAL PROPERTY $18,604.87 PART-TIME CLERICAL $3,000.00 Page 18 . _ is 1 I Py!l d I5 1 1 L ♦ I. a t-. y 5 t.}., Grp i 1~~Fy r Agenda No. Apu~idailen~~„~_ 1996 SALARY SCHEDULE PROPOSED 1996 TITLE SALARIES RESIDENTIAL PROPERTY DEPARTMENT: APPRAISAL SUPERVISOR-RESIDENTIAL PROPERTY $41,490.12 SENIOR APPRAISER-RESIDENTIAL PROPERTY $30,166.00 RESIDENTIAL PROPERTY APPRAISER $25,707.00 RESIDENTIAL PROPERTY APPRAISER $25,211.00 RESIDENTIAL PROPERTY APPRAISER $21,06.00 RESIDENTIAL, PROPERTY APPRAISER $25,212,00 RESIDENTIAL PROPERTY APPRAISER $20,640.00 RESIDENTIAL PROPERTY APPRAISER $19,514.00 APPRAISAL SUPPORT CLERK $15,848.50 INFORMATION SPECIALIST-RESIDENTIAL PROPERTY $18,604.67 PART-TIME CLERICAL $12,360.00 APPRAISAL SUPPORT DEPARTMENT: APPRAISAL SUPPORT MANAGER $42,000.00 APPRAISAL SUPPORT Cl'RK - II $20,834.00 APPRAISAL SUPPORT CLERK - I $18,606.47 APPRAISAL SUPPORT CLERK $18,606.47 APPRAISAL SUPPORT CLERK - I $18,606.47 APPRAISAL SUPPORT CLERK - I $18,606.47 RECEPTIONIST $16,181.76 PART-TIME CLERICAL $1,620.00 DATA PROCESSING PERSONNEL: DATA :ROCESSING MANAGER $43,782,00 SENIOR INFORMATION SPECIALIST $24,769.26 MICROCOMPUTER SPECIALIST $25,018.17 o , • Page 18 t vl , Y ,;cry aR rr • z `,,;fie r ~a't~, ~ • r 4r .,rti' '1 > 1 • r r ? s,# yzs ~fe- ~ y i ,t , a _ ~ `yY to t i , • /~endaNO,._- AQbildallel PAGE 18 1996 SALARY SCHEDULE' PROPOSED 1996 TITLE 'SALARIES RESEARCH & TRANSFER PERSONNEL: RESEARCH & TRANSFER TECH III $32,104.71 SENIOR RESEARCH & TRANSFER TECH II $22,533.78 RESEARCH & TRANSFER TECHNICIAN II $19,092,06 RESEARCH & TRANSFER TECHNICIAN II $19,092.06 RESEARCH & TRANSFER TECHNICIAN I 016,353.16 INFORMATION,9PECIALIST $10,604.87 $1,343,083,321 • r Pape 18 9 { 41L lei • . r • . i 1 f ~ t.t ti f i~.~~r lv~ GCF~krla ,fir r^t t. • ca • DENTON ooooOaoo~oo000 opd~Aw 0 o ~ C::3 C=l o d o° DOO F ~ pp0 000 r ~ N Q ppO ~~QdaD DQ~~~~ d0 • CITY COUNCIL . 4 5 U l+~i k a dy ; q ~ y i Ji\MPOOCS\RES\WNC£Lf.R 9 a„ kar -9~-- RESOLUTION NO. _ A RESOLUTION AUTHORIZING SUPPORT FOR DENTON COUNTY'S PROPOSED NEW COURTS BUILDING AND JUVENILE JUSTICE FACILITY EXPANSION PROJECTS] AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Denton County has seen tremendous growth over the last two decades; and WHEREAS, this increase in the number of residents have increased the demands for services of courts facilities; and WHEREAS, the existing Carroll Courts building has reached maximum capacity to effectively continue to house all eight of Denton County's courts in addition to other county officam; and WHEREAS, Denton County Commissioners Court ham called for an August 26 bond election for a $16 million new courts building and $3 million expansion of juvenile justice beds; and WHEREAS, Denton County Commissioners Court's present intention is to have, at a minimum, to new courts constructed at the future courts building upon completion with enough room for another six shelled courtrooms which can be finished out as needed; and WHEREAS, the additional bond amount will not result in a tax increase; and WHEREAS, Denton County Commissioners Court's present intention is to continue to utilize the Carroll Courts Building for county office space after a new courts building is constructed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton does hereby support Denton County's proposed new courts building and juvenile justice facility expansion projects. SECTION 1I• That this resolution shall become effective immediately upon its passage and approval. r PASSED AND APPROVED this the day of , 1995. JJ~ i BOB CASTLEBERRY, MAYOR r. L 3 i I t "SAY y` A ~')j. 5Y • I AgendaNu A g v r d a l to rte.,. I.., ATTEST: JENNIFER WALTERSo CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt HERBERT L. PROUTY, CITY ATTORNEY • BY, • PAGE 2 ,p:J{Jj7i i • ♦ ~ ..,r '^r ~v•dif. t 6 w S rt,4t :h¢ i ' It' 'rSTtikti ! mot 1 lbI,;___ I Central Ter o Council of .ova_ mats ` Berth Texas Clean Air Coalition Wality Advisory Commitlar \ J oral Transyortatton Council Advisory Board Yr}! Corridor coxlitiou *r f North Taxes CommiAtkin rman { Transportation Task Force JEFF MOSELEY DENTON COUNTY JUDO July 18, 1995 The Honorable Bob Castleberry City of Denton 215 E. McKinney Street Denton, TX 76201 Dear Mayor Castleberry, Enclosed please find draft resolution language supporting Denton County's upcoming bond election. I ask that your council adopt this resolution backing our efforts to build a new courts building and expand our juvenile justice facilities! In addition to your full council adopting a resolution, I would also appreciate it if you could take time out to write a letter to the editor of your local newspaper touting the importance behind this crucial election. Also enclosed is a list of talking points about the bond proposal. Please forward your resolution or letter of support to my Administrative Assistant, 1 Dan Bledsoe, 110 West Hickory, Denton, TX 76201. If you have any questions, please do not hesitate to call me at 817/5654868'1 or 800/346.1689. S , j FF MOSEL.EY enton County Judge r Enclosures I x, r apenda.No. - Atc3dalterq~_._ . rtN,,• [gtih,Central Texas Coeneil of C.wernrrigota North Tex; Cis can Air Coalition it Quality Advisory Committee S" Advisor Board egionel Transportation Council Advisory &Corridor Coalitioa / s~ s~~fJ North Texas Comm'46iin hairman Transportation Task Fo ice JEFF MOSELEY DENTON COUNTY JUDGE FACTS A $19 million bond proposition for a new courts building and juvenile justice expansion will not result in a tax increase FACTS The county can save money by retaining flexibility on buildout of required number of courtrooms based on future needs FACT: Carroll Courts Building will continue to be used for county offices TACT: New courts building will decrease the manpower needed to transport inmates during trials and appearances while increasing security and minimalizing taxpayer liability during transporting FACT: A new courts building will help move criminal prosecutions and civil proceedings to a more user-friendly facility and provide a better service to the citizens of Denton County FACT: Texas Legislature just created a fourth county court-at-law which will come on line Sept, 1. A sixth district court should be the next court that the Legislature creates in the next two years FACT: Fast growth in Denton County and the ever-increasing demand on ? • space at the Carroll Courts Building has resulted in an overcrowding situation which has led to a number of violations by the city fire marshal's office FACT: Denton County Bar Association supports the county's bond proposal for a new courthouse , r. • ra • DENTON 0100 0000 000 oo°~ Doti ~o 0 0 o c. o 0 0 00 ~ o0 OHO r ~ ~QQO K OQQQ 00~~ o No ~~aoooo~o CITY COUNCIL wmw~ f s ' ,v Y a. _ "''j is tl~ r i i r { tr u+~"-d'~ h{G;*~ ~ry4 ~ , K. fit. t)Y 6 sa sir r S CITY OF DENTT"j TEXAS MUNICIPAL BUILDING DENTON, TFXAS 78201 • TELEPHONE 817.588.8309 Office of the City Sectetary MEMORANDUM DATE: July 26, 1995 r TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary 3UBJECTi Board/Commission Appointments The following is a list of current Board/Commission vacancies: Electrical Code Board - Trenton Williams was not eligible for reappointment. This is a nomination for Council Member Brock. Keep Denton Beautiful Board - Candice Salomone has recently resigned. This is a nomination for Mayor Pro Teri Biles. Plumbing and Mechanical Code Board - Ted Lewellen did not wish to be reappointed. This is a nomination for Mayor Castleberry. Historical Landmark Commission - Brian Briscoe has moved from Denton before taking office. This is a nomination for Council Member Krueger. Cable T. V. Advisory Board - Candice Liepa has moved from Denton which creates a vacancy on this board. This is a nomination for Council Member Brock. • if you require any further information, please let me know. Jen M)sr Wa era city eoreta y ACCOOOF4 7kdkafed to Quall:y SeWa" k'~ Ix 1 c, . r DENTON OF D A~ ~o ~D ~O G ~ a a d C=l o 0 aD d~ ~ OD 000 ~ r ~ ~od0 OVOO N . ooo~ ooaDaoooo CITY a COUNCIL r t~v" art t- . i ~ ~ ~ Ctix aY ~ jar r tt '~h. ~J 3 r-.~.`t~ ~ ~*'J ry x' ';~'v'~(6 f Ci\NiDOC/\A//\MVI/.AC/ r~ RESOLUTION NO. 105'- A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMEA"S PROGRAM; AND DECLARING AN EFFECTIVE DATE. WHEREAS, in accordance with the City Charter of the City of Denton, Texas, the Planning and Zoning Commission has submitted a list of recommended capital improvements to be undertaken in the next five yearsl and WHEREAS, implementation of the capital improvements plan is an essential element of the goal of maintaining the quality of life of the community by providing for the necessary infrastructure, improvements and services to adequately serve the community) and WHEREAS, the City council has determined that it would be advisable to create a Special Citizens Advisory Committee to provide recommendations on the manner of implementing the capital improvements plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi SECTION I. That a Special Citizens Advisory Committee shall be appointed to make recommendations to the City Council on the manner of implementing the City's five-year capital improvements plan. SECTION II. That the Special Citizens Advisory Committee shall be composed of (50) fifty persons of the community appointed by the Council, (7) seven appointments per Councilmember and one Chairper- son appointed by the entire Council. The Committee shall perform its functions in accordance with the intent of this resolution as directed by the Council. SECTION III. That this resolution shall become effective immediately upon its passage and approval. • PASSED AND APPROVED this the /,day of , 1995. MAY R • BOB CASTLE BERRY, a • w • rr l DENTON oooaOonoooaooo 00 ''o o~ o~ c~ c~ oc+3 c, ~ C:3 o 0 ~~o T ~ roo0 0000 ~ N . ~ o000 oooanono ® CI7T COUNCIL r • . • APW City Council Committee AffiliatiansD* AAUDA COKKITT.U Mayor Castleberry (Permanent member) City Manager (Permanent member) VACANT AUDIT COIO[I'$EE Mayor Castleberry Council Member. Cott VACANT ECOMOKIC DEVJAPKUT COKKITTEE Council Member Srock VACANT IMVEBTKEMT POLICY COKKITTEE Council Member Cott KOMICIPAL COURT ADVISORY CQWTTZ Council Member Miller VACANT VACANT VIBIOM POR DEMTOM - 2182 CEMTOBY Council Member Miller Council Member Brock Wgr lung Comity Mayor Castleberry Council Member Brock VACANT ACCO0114 r , 21, e I • l Ageodo No,~„,,,r,,,, Agenda itfl~,,..- ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY BY 1 PAOR 2 dr ` • ra • r DENTON oooQoaooQOOOOo 00 ''o °o o~ o a ~ { C= D 4A Q X000 0000 aa~DODa~o CITY COUNCIL r • • o Y E L 5 V t~ w'1 R. E ~ M~ ~ S w ~ ~ ~*r ~z ta[ z~ `R` ax 1. A 4ti T ~ \ Si~ s'E '!t xI S ~'I \ 1 i t'p1 \ 1Cit.+A AT 'µY f~ '.1 4~ yq yj~ i\ ~ `S +1. 1x j R~x~~~\4 lr ~JS .a~1 ~ ~~I ~rNC f~ . 4 Y~~~.c ~ 7 g_ SiL i` *tp a R S. ~i j a ~ ~CY7ry'^y :M. "~k,, t f s,s,~ -•T z. 9 ra 2 ` t4 ki rY f ~ s aw~ CITY Of OwNTm 7ms MUNICIPAL SUI1DfN~ • 2i6 E McK1NN£Y • DFNTON, TEXAS 7C20 t (817) 660-8200 • DFIN METRO 434.2828 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Kathy DuBose, Executive Director of Finance DATE: August 8, 1996 SUBJECT: FINANCIAL COMPARISONS I've attached fiscal year-to-date (9 month) budget comparisons for the General and Utility funds. I've also included explanatory notes for General Fund revenues and expenditures. The Utility financial reports are those presented to the Public Utility Board monthly, The Electric utility is presented in adherence with Federal Energy Regulatory Commission accounting guidelines. If you need further information, please let me know. • Kbab OF0009 "Dedicated to QuaNty Service" + r' ' t 3r y`~g~fA'~• fV i et r, 4rJ,~ a P X l'r r • 0 GENERAL FUND tr REVENUES • Ad Valorem Taxes - Current year collections reflect the twenty-five (26%) percent reduction in the tax rate for the current year associated with the one- half (%n C) cent sales tax implemented to reduce property taxes. • Sales Tax - Current year collections reflect the additional one-half (%:Cl cent sales tax effective October 1, 1994 (see notation for ad valorem taxes). • Franchise Taxes - GTE has suspended franchise fee payments due to pending litigation. Only two quarterly payments are reflected. TU Electric franchise payment Is scheduled for August. Solid Waste franchise payment is based on three (3%) percent of estimated revenues. • Other Taxes - Mixed Beverage and Hotel/Motel Occupancy taxes reflect growth over prior year. Bingo tax increase is due to the City's portion ilicreasing from one (1 percent to one and one-fourth (1 percent, • Revenue Fees - Recreational and athletic fees are seasonal and should increase for the remaining quarter. Ambulance service fees reflect the increase in base rate effective for only a portion of the prior year. • Fines and Fees - Fines and fees associated with the Municipal Court reflect the implementation of a court of record. UNT parking fines have increased over the prior year due to full staffing of that department, City parking fines reflect the increase in fines for the current year. • Licenses and Permits - The decrease in building activity through June is reflected in the associated revenues for the current year to date. • Miscellaneous Revenues - For new construction, electric and plumbing 0 inspections are included in the building permit fee. Interest income reflects investing a higher beginning fund balance and increases in rates for the current fiscal year. • Transfers - Most transfers are ar walized and transferred monthly. The City's Defensive Driving Program has -jean suspended and the associated transfer will , • not be made. The State Sign d Grant and DISD DARE contributions are based • • on actual reimbursement of expenditures, AFFOOEIA j i r GENERAL FUND COMPARISON OF REVENUES qjendaNo,.-._-_--...--►^-~- FOR PERIODS ENDING 08lAM AND 0813009Nlq odalte - PRIOR YEAR CURRENT YEAR REVENUES RIEVENM CURRENT YEAR PE1:XMOF PERCENT OVISR YEAR-TO-DATE YEAR-TO-DATE BUDGET BUDGET ¢ NMII) PRIOR REVENUE DESCFWPTION 009-30-94 006-30-96 104-1996 (AXLEOM YEAR-TO-DATE CURRENT YEAR AD VALOREM 9,006,358 8,145,874 6,974,786 102,87% -31.77% DELINQUENT AD VALOREM 106,374 115,189 170,000 87,76% 8.29% CY - PENALTIES 8 INTEREST 52,060 45,513 47,000 98.64% -1268% PRIOR-PENALTIES & INTEREST 48,767 46,183 55,000 81,81% 3.054144 TAX COLLECTION PEES 28,943 26,308 37,000 71.10% -9.11% ADVALORE9MTAXES 9,244182 6,361,166 8,283,1%6 101,86% -3o.oe+c SALES TAX - 1 CENT BASE 5,096,730 6,344,271 7,193,335 74.29% 4.M% SALES TAX - 112 CENTIPROP TAX 0 2,022,886 3,224,068 52.74% 100.00% SALES TAX 5,0961730 7,36x,137 10,4171423 70.72% 44.56% FRANCHISE-LONE STAR OAS 304,188 290,815 304,000 92,37% 4.69% FRANCHISE-GTE 921826 60,637 140,303 412211 -34.63% FRANCHISE -SAMMONSCABLE 216,357 231,632 290,000 a s$% 7.51% FRANCHISE-TU ELECTRIC 0 0 56,700 0.00% 0.00% FRANCHISE-SOLIDWASTE 93,834 121,9% 162,626 75.00% 30.26% FRANCIOSETAXES _ 706,801 694,969 nm 73.73% ~ -I'M% MIXED BEVERAGE TAX 60,832 66,362 70,000 79.09% 11,01% HOTELIMOTEL OCCUPANCY TAX 372,826 365,918 604,000 78.67% 3.51% BINGO TAX 16,907 20,783 16,000 115.36% 30.0% OTHER TAXES 438,687 482,043 599.000 78.06% 6.11% SWIMMING POOL. FEES 25,281 32,010 48,603 8 OO% 26.72% CEMETERY FEES 9,268 6,140 10,000 61.40% -33.74% COMMUNITY BUILDING RENT 26,962 20,077 26,000 71.70% -30.86% AIRPORT FEES 67,650 66,476 831868 66.44% 404% REC PROGRAM ACTIVITY FEES 7,733 9,462 10,326 91.64% 22.30% ATHLETIC FEES 1,616 6,822 7,000 123.17% 489.11% AMBULANCE SFRVICE FEES 259,597 319,246 406,000 7183% 2296% WILLIAM SOUARE PARKING FEB 11,626 11,644 121284 98.66% 1.68% FIRE INSPECTION FEES 20,083 22,300 22,000 101.84% 11.46% ENO - CHAO TO BOND FUND 247,185 247,988 463 800 61.28% 0.32% REVENUE FEES 886,817 ~?Up$_ 1,090,746 67.31% 8.17% WARRANT FEES 40,691 46,274 50,000 67,65% 14.00% ANIMAL POUND FEES 45,376 61,411 92,000 92.9% 13.30% AUTO POUND FEES 28,608 25,026 49,000 61.07% -12.21% MOWING LIEN FEES 6,800 6,800 12,000 46.81% 0.00% POLICE ESCORT 8 GUARD FEES 10,697 18,988 20,000 94,64% 78.99% COURT COST SERVICE FEES 17,928 21,922 30,000 73.07% 22.28% ANIMAL CONTROL FINES 6,816 4,846 6,000 92192% -20.10% MUNICIPAL FINES 477,016 632,243 618,640 82.31% 1 t.37% INSPECTION FINES 6 FEES 0 1,926 0 100.00% 100.00% FIRE DEPT FINES 8,876 10,268 111800 87.02% 16.68% CIVIL FINES 4,543 10,735 8,400 127.80% 138.30% UNT POLICE FINES 19,241 35,348 30,000 117.83% 83171% TWU POLICE FINES 7,063 81427 91000 71.41% -9.00% PARKING FINES 24,434 69,234 33000 19142% 168,80% f 1 ~ 1 M ~ ~ • ~ Gi! 1~rfi.F ty1 ";~e J,~i~!~~I~K°~~~e ~~5r~~~ r 1 p GENERAL FUND COMPARISON OF REVENUES FOR PERIODS ENDING 0813W AND ay eotlaltam-..._.....--., PRIOR YEAR CURRENT YEAR REVENUE'S REVENUES CURRENT YEAR PERCENT OF PERCENT OVER YEAR-TO-DATE YEAR-TO-DATE BUDGET NIIDOEY (UNOE" Pf1I0R REVENUE DESCRIPTM •08-30-94 •08-30-96 1994-1986 COLLECTED YEAR-TO-DATE COURT ADMIN FEES 76,214 200,968 200,000 104,98% 166.46% ARREST FEES 49,986 55,828 71,000 78.63% 11.73% RESTAURANT INSPECTION 20,681 23,705 87,000 67.80% 13.83% GROCERY INSPECTION 8,690 9,626 11,800 82.97% 12.06% SWIMMING POOL INSPECTION 13,440 14,400 16,320 88.24% 7.14% FOOD HANDLER INSPECTION 32,000 34,480 43400 79.28% 7.76% DAYCARE INSPECTION 3,081 3,163 3460 89.10% 288% UNIFORM TRAFFIC 26,095 26,941 32,000 84.19% 7.39% FALSE ALARM FEES 5,767 4,800 8A00 87.50% -20.244 PO1X SCHOOLS 1,000 1,426 1600 _ 95.00% 4250% ,NEB 8 FEES 934,498 1,218,167 1,381,310 KII10% 31136% ZONE 1 ' AMITB 8 PETITIONS 24,350 15,575 25,000 62.30% •36.04% WINMEER LIGENktES 81347 4,841 7,700 80.27% -28.86% ELEC 8 PLUMBIMO. LK"SES 21,072 17,788 14,000 128.91% -15.88% VITAL STATISTICS-BIRTH 11,615 10,668 16,000 70.99% -8.31% BUILDING PERMITS 100,484 83,473 180,000 62,17% -18.03% TEMP GAS PERMITS t,800 1,610 2,500 64.40% 0.83% LOADING ZONES 1,98o 2,112 2,200 96.00% 6.67% RIGHT-OF-WAY INSPECT FEES 13,063 9,404 18,000 5224% -28.01% CURB CUT PERMITS 2,661 3,066 4,400 89.43% 15,24% MOBILE HOME LICENSES 10,327 11,897 11,300 103.51% 13.27% VITAL STATISTICS-DEATH 15,006 14,276 19,000 76.13% -4.87% DEVELOPMENT FEES 37,400 29,498 31,000 96.16% -21,13% SKIN PERMITS 9,600 9,678 18,000 69.884 -0.23% SALE OF DOCUMENTS 1,023 11958 2,000 97.80% 91.20% PLAN RVW FEES 17,218 11,996 28,000 46.13% -30,33% CERT OOC NEW 8,638 8,298 8,500 74.07% -5.15% REROOFING FEES 1,076 1,738 1,100 158.00% 81.67% REINSPECTION FEES 140 76 380 21,43% -48.43% VARIANCE FILE FEES 200 100 300 63.33% 40% LANDSCAPE PERMITS w 180 640 35.33% Mm% PARKING LOT PERMIT 800 2,250 1,000 226.00% 18t.26% FENCE PERMITS 1,466 1,290 2,000 64.80% -11,34% MECHANICAL PERMITS 7,893 5,623 13,000 43.25% -28.70% • MOVING PERMITS 160 160 300 60.00% -18.67% DEMOLITION PERMITS 360 330 300 110.00% -13.1*A POOL/HOTTUB/SPA PEFMiTS 1,370 1,390 1,600 02.87% 1.46% ; LKAISES6PEFM4ITb 29307 248,707 382,090 84.42% -18.040A PARKING METER RECEIPTS 13,805 13,218 21,000 82,93% -2.80% ELECTRIC INSPECTION t0,010 0,300 16,700 69,24% -7.09% • PLUMBING INSPECTION 9,608 7,836 15,000 52.23% -17,80% OVERTIME INSPECTION 124 400 1,600 28.67% -A4,76% INTEREST INCOME 411,403 404,993 480,000 107,81% 20.32% TRAFFICIPOLICE REPORTS 13,732 22,122 19,000 116.43% 81,1o% MISCELLANEOUS INCOME 60,702 41,116 46,300 88.80% •16.91% STREET CUTS 227,884 249,874 276,000 00.88% 9.86% CNTY CONTRIBUTION-LIBRARY 81,124 87,013 113,330 78 78% 7,28% f 2 n y .v e c; • OENERALFUND ~gendaNa. COMPARSON OF REVENUES FOR PERIODS ENDING 0&%*04 AND OQI90IYli~uondalte , _ . j POW YEAR CURRIE NT YEAR REVENUES REVENUES CURRENT YEAR PERCENT CIF PERCET4T OVER YEAR-TO-DATE YEAR-TO-DATE B xxw omm NwAx" PAW REVENUE DESCIIIrM • 06-30-61 0 06-90-86 1661-1666 COLLECTED YEAR-TO-DATE CNTY CONTR-AMSULANCE SERV 184,160 184,660 246,634 79.29% 6.72% SMALL CITIES CONTR-AMSUL 81,974 68,761 79,681 76.00% 467% PICK UP ANIMAL CARCASSES 1,776 1,017 2,100 46.43% -4274% CAP. ENOWEEF00 PEES 2,366 1,080 2,600 67.62% -26.41% ATTNY LEASE 4,000 61760 91000 75.00% 12.0% MISC. REVENUES 1107400 1,189,774 1306,846 91.13% to.tl% ELECTRIC-STREET RENTAL 0 497,743 663,667 76.00% 100.00% ADMIN TRANSFER-ELECTRIC 1,367.013 1,312,063 1,749,411 76.00% -4.02% R01- ELECTRIC 1,783,766 1.770,173 213601233 76.00% 0.93% AOMIN TRANSFER-WATER 474,406 640,037 720049 78.00% 13.83% ROI - WATER 660,780 670.602 1,1611089 76.00% 136% ADMIN TRANSFER - WASTEWATER 3"Ime 382,614 ,29,762 76.00% 11,00% ROI - WASTEWATER 727.om 643,229 11124.306 76.00% 16.16% ADMIN TRANSFER-SANITATION 266,000 3'+6.120 473,493 76.00% 23,30% ADMIN TRANSFER-PUBLIC INFO 0 36,111 461814 76.00% 100.00% TRANSFER-DEFDRIVING 681 0 2.000 aoo% -100.00% TRANSFER - FIRE RETENTION 131.000 60,000 60,000 100.00% -$3.60% TRANSFER-INSURANCE FUND 40000 20,000 20.000 100.00% 60.OOR1 TRANSFER-FISK FUND 76,000 60.260 76,00 76.00% -26.00% TRANSFER-ECONOMIC DEV. 10,000 7,600 10,000 78.00% -26.00% TRANSFER-IMPACT STUDY 0 66,260 761000 76.00% 0A% TRANSFER-RECFUND 26,000 22274 20,96 78.00% -10.90% STATE REMAB-SKINALIZATION 14,706 6,097 11,000 36.43% -66m% CONTR - DI80 DARE 01,243 Q W3 86186 126.79% 14.26% TRANSFERS a,17$= ~ 6 M6 ~6 9, m 76.47% 107!% TOTAL REVENUE 24,836 26139 rl1 f • s • i • - . . 1 ;.1, y Svc ,;r r ?ty.d 17 ~`}'IF"i`i}+x A • • Benda No, i EXPENDITURES • Public Information and Cable TV expenses were separated from General Government In the current year. • Municipal Judge - Current year expenditures reflect funding for a part-time Judge position. Position was approved In a prior year but remained vacant until fiscal year 1995. • Building Inspection - Reflected in current year expenditures is funding for a Plans Examiner position. • Municipal Court - Current year expenditures ref lect costs for two additional clerks for the Court of Record. • Internal Audit - Prior year expenditures Include onetime purchases of office furniture and equipment for this new division, • Information Services - In the current year, office machine maintenance costs have decreased and several vacancies have caused salary savings. • Park Maintenance - Reflected in current year expenditures is funding for the maintenance and operation of South Lakes Park. • Library Administration - Current year expenditures include additional funding for the purchase of updated reference books. • Adult Services - Additional funds were provided in the current year budget for the purchase of a microfilm readerlprinter and other sudlolvlsual materials. • Denton Public Library South - Expenditures did not exist in prior years for the branch library, • Transportation Engineering - Prior year expenditures reflect salary savings due to several vacancies (Graphic Sign Technician, Signal Technician, 2 Sign Maintenance workers), • Street Patching/Construction - Expenditures for current year reflect the Increase In street maintenance, • Airport - Currant year funding reflects one-time expenditures for the purchase of a personal computer and the refurbishment of a beacon. • Fire Prevention - Prior year expenditures include a "drag up cost" In final payment to e ratiree. Current year expenditures reflect a vacancy In the Arson Investigator position. • • Contributions to Agencies - Current fiscal year reflects an increase in funding over prior • year. • Miscellaneous/Accounting - Current expenditures reflect a reduction In insurance premiums. AFFOOEI4 I • ~ Ij • 0 • A~anda~a GENERAL FUND COMPARISON OF EXPENDITURES FOR PERIODS ENDED O6NJW94 AND OW30M PFwR YEAR CLWAENT YEAR EXPENDITURES EPEIOnuM CURRENT YEAR PERCENT OF PEAT OVER DEPT YEAR-TO-DATE YEAR-TO-DATE BUDGET BUDGET tINND"PRIOR DEPARTMENT NAME CODE • O&.M N P 0&30166 19"-I m C'10?ENDED YEAR-TO-DATE GENERAL GOVERNMENT 0000 379,638 399,646 658,364 71.83% 5.30% PUBLIC INFORMATION OFFICE 0001 0 41,074 631923 84,26% 100.00% CABLE T. V. 0003 0 61270 191827 26,68% 100.00% GENERAL GOVERNMENT 379,638 446,993 _ &10,144 89.67% 17,61% LEGAL ADMINISTRATION 0004 316,941 322,470 63ZM 80.66% 1.11% MUNKXPALJUDGE 0005 8719% 97,122 182,442 63.23% 10.42% PLANNING ADMINISTRATION 0016 363.367 360,082 639,441 68.76% 1.90% BUILDING INSPECTION 0014 340,891 376,113 $36,196 64.70% 10.10% MAIN STREET 0016 43,043 45,611 83,813 71,67% 6.97% PLANNING 737,101 780,808 1,141,279 8841% 6.99% FINANCE ADMINISTRATION 0020 197,040 208,780 262,216 73,27% 4,64% PURCHASING 0021 170,537 176,64 253,501 69.67% 3.57% CUSTOMER SERVICE 0022 819,996 682,731 820,788 71.97% 8.89% TREASURY 0023 173,110 194,915 287,416 72.89% 12.80% ACCOUNTING 0024 362,879 388,498 691,430 85.36% 9163% TAX 0026 58,162 57,547 79,911 72.01% -1,041% MUNICIPAL COURT 0026 240,967 269,739 3591229 76.09% 11.94% INTERNALAUIXT 0027 54,328 47,710 64,396 88.78% -12.18% FINANCE 1.688.997 2,002,643 2,823tM 70.91% 7.28% INFORMATION SERVICES 0080 7081823 804,883 1,069,026 68,60% -14.43% ADMINISTRATIVE SEWKES 0081 218,987 222.258 3211048 89.0% 1.49% INFORMATION SERVICES 6x6,820 827,119 1384,070 69178% `1048% • MtINICIPAL88WK W ECONOMM.DEVELOPMENT 0009 133,597 146,194 198486 7918% 668% HUMAN RESOURCES 0006 364,808 390,699 $88,062 69.00% 1.24% ENVIRONMENTAL HEALTH 0036 100,579 103,433 152,862 87.75% 2.64% ANIMAL CONTROL 0039 180,816 196,066 284,043 $8.87% 7.68% , • • ENVIRONMENTAL HEALTH i 281,396 298,464 438,705 6636% 607% 1 • I 0 GENERALFUND COMPARISON OF EXPENDITURES FOR PERIODS ENDED 08/30/94 AND 080W PRIOR YEAR CURRENTYEAA EXPENDITURES E%PBMffURE9 CURRENT YEAR PERCENT OF PERCENT OVER DEPT YEAR-TO-DATE YEAR-TO-DATE BUOOET BUDGET O)NUIE g PRIOR DEPARTMENT NAME CODE O 0613W O 08AS85 1994-1986 ExPENow VFAP• TO-DATE PARKS 6 RECREATION ADMIN 0060 189,161 166,616 266,861 09.61% -1.0% LEISURE SERVICES 0062 703,979 702,180 1,062,862 64.6611 -0,26% PARKMAINTENANCE 0063 773,800 881,913 1,366,470 85.06% 13.97% PARKS B RECREATION 1,668,946 1,70,708 2,Y04 206 66.44% 6.16% FACILITIES MANAGEMENT 0002 776,126 1,506,066 1,867,949 61.06% 94.06% LIBRARY ADMINISTRATION 0070 174,463 201,531 244,015 82.69% 15.52% SUPPORT SERVICES 0072 226,976 243,022 363,696 66.78% 7.07% ADULT SERVICES 0073 239,341 277*4 347,964 78.73% 16.0% YOUTH SERVICES 0074 145,063 157,662 219,547 71.77% 642% DENTON PUBLIC LIBRARY-SOUTH 0076 0 _ 112,976 247,545 45.84% _ 100.00% LIBRARY 786,642 892,664 1,422,966 69,76% 28.30% ENGINEERING 0010 693,064 711,644 1,064,034 88.88% 2.86% TRANSPORTATION ENGINEERING 0012 20,900 304,139 431,936 70.41% 12.0% MEET PATCHINWCONSTUCTION 0031 1,035,164 1,248,209 1,777,049 70.13% 20.39% STREET LIGHTING 0034 312,271 262,019 .000 86.0% -9.0% ENGfMANSWREETB 2,310,379 2,544,071 3,701,010 68.74% 10.11% AIRPORT 0018 66,870 76,112 _ 99 202 78.72% 32.64% POLICE 0040 4,625,639 4,847,010 7,024,119 69.01% 711009 FIRE ADMINISTRATION 0050 474,621 600,639 724,564 09,09% 6.42% FIRE OPERATIONS 0061 2,60,721 2,860,667 307,243 74,55% 8.38% FIRE PREVENTION 0062 162,953 147,066 209,571 70.17% -9176% EMERGENCY MEDICAL SERVICE 0063 777,017 749,836 1,079,441 0.64% -3.62% FIRE 4,104,814 4,267,930 6,8 , 7179% 3.74% • DRAINAGE 0010 265,160 276616 367,20 77.06% 9,17% CONTRISUTKMTOAGENCIES 016% 121,173 178,90 236,626 76.00% 47,70% MISCELLANEOUS / FINANCE 020M 626,204 510,3t8 1,068,216 48.22% -3.02% 9) MISCELLANEOUBIACCOUNTING 024M 311,184 324,50 615,300 111"% -12.68% , r TOTAL EXPENDITURES 20,8t8~ 22 696,179 32 794,010 L_ ' L_ ' ° ^J' 2 ~ ~ A I yy~Z hl•} 9l + 11 T • • CITY OF DENTON FINANCE OVARTMENT r STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNMOS • IUNAUDtTEDi ELECTRIC OPERATING FUND FOR THE PERIOD ENDED JUNE 30 1995 AND 1884 i FERC Totals CODES- • June 80, 1998 June 30, 1894 OPERATING REVENUES, 440 Residential sales t 13,711,354 11 13,589,387 442 Commercial and Industrial sales 22,958,841 22,039,498 444 Public street and highway lighting 339,407 331,466 446 Other asks to public suthmkias 1,730,915 1,521,036 447 Sales for resale 2,439,544 4,362,485 461 Miscellaneous service 206,360 221,530 454 Rent from electric property 140,493 488 Other electric 297078__ 160,213 Total Operatirq Revenues 41,829,983. 42,395,902 OPERATING AND MAINTENANCE EXPENSES: 555 Purchased power 29,828,880 30,212,258 686 Purchased power adjustment {4,683,058) (4,710,735) 500.657 Production 6,675,678 6,888,783 560.573 Transmission 61,342 981650 580.595 Distribution 2,726,007 2,250,129 901.905 Customer accounts' 928,471 804,918 907.910 Customer service and Informational 196,148 357,569 820.935 Administrative and general 1,310,605 1,284,070 403 Depreciation 2,958,784 2,832,263 408 Payment in lieu of taxes (R01) 2,2071917 1,753,755, Total OperaWq Expenses 41,tadz466 41.,.43,6bA Operating Income ¢44,628___ 662,014 NONOPEAATWG REVENUES (EXFENSESI: 419 Interest income 1,892,009 1,322,369 427 Interest on long-term debt (985,7531 ;1,109,0879 431 Interest-customer deposits 6 other (32,7231 (34,8291 426 Donations (171,335) (177,152) 'i 417 Non-utility operations 1395L3 1448 x91 Total Nonopwsting Revenws {Expene") 105,---- , . (446 OQ9J Net income 747,818 207,000 Add: Depreciation of lixed assets acquired with contributed capital 43,706 43,011 Decrease in retainod earnings 4 791,824 p 26Q,020 • "Iri.110 reMrY r. rt 1 vA" cawx,ro. ' In,Y,Yn ~i.WMra,he trrrwM la Sn,wY p,err,wl , • • V j • • Nth+b , ~y~ OLIN CITY OF DENTON FINANCE DEPARTMENT SCHEDULE OF BUDGET VS ACTUAL EXPENSES - (UNAUDITED) ELECTRIC OPERATING FUND FOR THE PERIOD ENDED JUNE 30, 1988 PWK Operation FERCCODES* • Expenses Expanses (Plant) ELECTRIC PLANT IN SERVICE: 310.346 Production plant 6 21,270 0 350.359 Transmission plant 13,410 360.373 Distribution plant 2,006,391? 389.399 General plant 186,790 Total Electric Plant 3;22$,97ti _ 10peradon) (NlaMtsnanoe) POWER PRODUCTION EXPENSES: 500-E3? 510.514 Steam power generation 1,020,395 601 Fuel 4,027,640 635.540 641.646 Hydraulic power generation 77,24P 648.660 6151.554 Other power generation 11 666 Purchased power 29,826,660 668.557 Other production expenses 0 Total Production Expenses 560.687 560.573 TRANSMISSION EXPENSES 44,091 580.589 590.696 DISTRIBUTION EXPENSES 1,767,900 801.906 CII9TOMER ACCOUNTS EXPENSES• 927,812 CUSTOMER SERVICE & 907.910 IIYFORMATIO NAL EXPENSES _ 18Q,6t36 920.931 935 ADMINIRTRATIVE 6 GENERAL EXPENSEB• _ 7,289,094 408 PAYMENT IN LIEU OF TAXES (801) .3,207,817 NONOPERATING EXPENSES: 221 Principal paymente•bonds 1 526,092 427 Interest expense on long-term debt 986,753 431 interest, customer deposits b other 32,723 426 Oon si l ons 416,711 417.1 Non-utility operations: yt Communications 262,732 General Government 40,069 Solid Waste 37,177 warehouse 263 Water 107,401 Wastewater 39,432 Garage 9,264 Other 29,065 Total N adng Expenses 3; 7$ 3$2 TOTAL EXPENSE 9 3,39870 # 44er 'IrtxCl FlwY H•war R•pl,lory CwrWYn Itbdd Y~W~l.e6Y,b Ne,wrd p,r,rM ~ i ` 111 Roosted By DestiarbrMill a. • -w•• •~-••.y...•. CITY OF DENTON Aosnda No, FINANCE DEPARTMENT L1 1 SCHEDULE OF BUGOET V8 ACTUAL EXPENSES • (UNAUDITED) ELECTRIC OPERATWO FUND FOR THE PERIOD ENDED JUNE 30. 1096 Budget Maintananoe Total Total poment Expenses Expenses Budget Roma) !tk)9 1 8 21,270 8 230,000 91% 13,410 2,008,399 4888,988 26% 185,799 243,507 24% 2,228,818 3,160,478 3096 405,486 1,431,860 3,080,890 54% 4,027,640 81123,039 34% 4,610 91,768 242,509 66% . 11 29,829,880 42,861,180 30% 400,918 36,387,92] 62,097,604 3396 8,666 52,648 123,366 87% 973,989 2,741,869 4,272,307 38% 827,612 1,289,549 28% 180,886 722,202 76% 18,490 1,307,884 2,227,512 41% 2,207,917 2,943,890 28% 1,525,092 2,033,468 26% 988,763 1,318,337 25% 32,723 416,711 490,375 15% 262,732 370,097 32% 40,059 37,177 263 - • 107,401 129,373 17% 39,432 9,254 3,478 882 4A % 414 23 11 1,410,878 4 48,491,960 871;~32,"+68 37% • -10..rlw ndy Pr. bti 87~1 Gde,,wwOW M go"ww • S ' 1 r AG Nd CITY OF DENTON Lis`.._. STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EAANANO3 - WATER OPERA71NO FUND (UNAUDITED) FOR THE PERIOD ENDED JUNE 30, 1993 AND 1991 Tout Jaae 30, 19!15 Jam 30, 1994 OPERATING REVENUES: WaMr Service s 1,621,866 $ 11,112,007 Misceluaneous 24,760 30,665 Total Operating Revaaree f t,M6,62b 1,612,192 OPERATINO EXPENSES: Purchased power 307,305 334,838 Purchase of watar 59,812 49,736 Sa4n'ies and wages 1,546,361 1,559,0150 ma"daia mod snppties 331,416 236,246 MakAv"ce sad repain 500,177 462,219 Services 372,664 355,519 Insuranca 13,135 20,262 Sundry 24,494 20,005 Administrative/R01 1,536,463 1,326,446 Depreciation 1,7298611 1,666,197 Total Operating Expenses 6,421,675 6,0300518 Operating facase OAM) 2,424,951 2,812,304 NONOPERATINO REVENUES (EXPENSES); Interest revenue IS8,152 103,934 Interest expense and focal charges + (2,647,683) (2,407,440) Contributioes to Motor Pool (87,261) 0 Total Naacperad" Rave.ve. (Expeames) (1,54CM,) (43a1,506) Net Income (Lass) (121,841) 501,791 Add: Depreciation of hied asseu acquired with contributed capital 437,760 309,690 Increase in retained earnings $ 3151919 S 116,111 a ]rue er we+eW - a■ ra Mrs. mm WwY Y mmumms w a, &mmw t,Nrrr. j 1 Prepared By Fiaaros Dspats.e - c. i 1 :`4 ~ S ~"~,e'q ~p rli,f~i•t !F` i p~~VtiaS~~ t {l w CITY OF DENTON .1~^rtl„ t SCHEDULE OF BUDOET VS ACTUAL EXPENDITURES- (UNAUDITED) WATER OPERATING FUND FOR THE PERIOD ENDED JUNE 30, 1995 DNA" Pnomt ~ Expenses CAPITAL OUTLAY: Fixed assets S 1,857,922 454,913 76% OPERATING EXPENSES: Purchased grower 642,830 301,303 52% Purchased water 94,900 59,842 37% Salaries and wages 2,250,412 1,516,368 31% MaterJals and supplies 560,69t 312,134 44% Maintenance and topairs 876,495 497,:817 44% Services c52,014 368,040 33% lmunnce 17,515 13,135 25% Sundry 132,676 24,494 82% Administrative Cat (General) 720,049 540,037 25% Return m Investment 1,161,069 970,602 25% Impact Fee 37,500 29,125 25% Administrative Cost - Electric 130,000 97,500 25% ToW OperaHaS Expenses 7,176,171 41655,129 35 % NONOPERATiNO EXPENSES: laterem expense + 3,530,231 2,647,681 25% Principal Wymmts-bonds 1,455,507 1,091,628 25% Principal payments-Ray Roberts 4 179,237 134,433 25% Contributions to Motor Pool 116,000 87,261 25% Total Nomoperatind Expenses 5,280,975 3,9610003 25% TOTAL EXPENSES S 14,315,068 9,071,115 37% e Instead of re6ectins the IId1 psymmt, Ray Roberts is ammtimd as the flrmoW mmsmm . . . Prepared By Pinsnee Papua w* • S a6: ~ :i:: li ;.\ill. !«!l nssa,+~~Vi j~/•~l~'+hy{1 ~'~~~~±N'f~1r!~~+~1,( s • Ark CITY OF DENTON STATEMENT OF REVENUES, EXPENSES '.ND CHANGES IN RETAINED EARNINGS - WASTEWATER OPERATING FUND (UNAUDITED) FOR THE PERIOD ENDED JUNE .V, 1995 AND 1994 Touts Juan 30, 1995 June 30, 1994 OPEI ATM REVENUES: Wastewater Service S 6,660,152 1 6,036,102 Mlacellaaeom 430 2,317 Tout Operating Revenues 6,80,582 6,030,419 OPERATING EXPENSES: Purchued power 276,393 259,644 Fu61 23,389 18,790 'abides and was" 1,643,214 I,S6,tSO Materials and supplies 150,931 128,481 Malaeeance and repair 296,392 275,991 Services 343,398 294,659 Inswaoce 16,807 9,755 Sundry 11,807 8,427 AdariaistrativeJR01 1,264,167 1,061,686 Depreciation _ 1151116% 1,232,181 Tout Operatiog Expeear _ 5,608,194 4,868,764 01001"m 1110000 (LOW) 1,252,388 1,161,653 NONOPERATEVG REVENUES (EXPENSES)., [aura" revenue 153,780 72,924 lMerest expanse uod fiscal chirps (717,174) (768,010) Contributlons to Motor Pool (49,240) 0 ToW Nmop waling Reveauee (Expams) (612,634) (695,136) Net Incom (Looms) 639,754 473,499 Add: Depreciation of fixed assets acquired with contributed capital _ 111,647 795,996 Increase is retained earnings S 1,451,401 S 1,269,495 e Prepared By Fimm Dellm" M r; , I- ~4 77 r ~ C tom. i } YA..\ r ` r a §~~r.yx +Y! _ l ' ♦ . {4 is l i ~ohda Na„ Apa~d,i torn,, CITY OF DENTON SCHEDULE OF BUDGET VS ACTUAL EXPENDITURES - (UNAUDITED) WASTEWATER OPERATING FUND FOR THE PRRIOD ENDED JUNG 30, 1995 Bodpi Pesont _ _!1 Bxpmase Ranmbsiq CAiPl1'AL OUTLAY: Fixed wets S~ 1,117,440 313,970 74% , OPERATING EXPENSES: Purchased power 400,000 276,393 31% Fuel 17,500 23,319 -34% Seleries and w "m 2,234,610 1,643,214 26% MuerLls and sWOW 243,502 146,729 40% MekAm ace end repsin 429,?40 263,236 39% Services 660,537 308,205 $3% %malm 21,409 161107 25% Sundry 91,593 11,107 37% Retwa oa Investment (ROI) 1,124,305 143,229 25% AdnieistnWve Cod 523,752 392,814 2S% Impct Fes 37,500 28,125 251 Reimburse Elaetrio 500,000 0 100% Told Operatiq Expenses 6,215,091 3,953,941 37% NONOPERATI G EXPENSES: Interest expense 956,231 717,174 259 Prieciped pymmis-bonds 106,031 604,521 25% coatributione to motor Pool 12,127 49,240 -306% ToW NomopwadmS Expanses 1,774,319 11M,933 23% 40 TOTAL 1-XMSES $ 9,246,927 5,631,153 30% I i { Prep" By Fireaoe DepeebseM 4 r ~ ~ te} tea r~ • } t V , ♦ 1 a e: ..r n• . 1..rVariWfiYY,V461`I CITY CF DENTON ~/~37f NO STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARMNGS = SOLID WASTE OPERATING FUND (UNAUDITED) FQR THE PERIOD ENDED JUNE 30, 110911, AND 1904 Table June 30, 1989 June 30,1994 OPERATING REVENUES: Charges for Service 3 4,421,763 S 3,870,848 Miscellaneous 103,960 69,088 ToW Operating Revenues 4,826,713 3YYi,~3i OPERATWO EXPENSES: Solaria and wages. 1,407,487 1,329,840 Materia13 and supplies 188,289 173,392 Maintenance and repairs 511,924 603,727 Services 671,177 433,866 Insurance 19,648 34,373 Sundry 139,190 91,106 AdminlstrativelR01 365,120 381,643 Franchise Fee 121,969 0 Depreciation 201,906 200,668 ClosurelPostclosure Cost 219,458 199,739 - Tobi Operating Eupenece ~,71~,04i 3sri1ld Operating income 911,999 Sh,601 NONOPERATWO REVENUES (EXPENSES): Interest revenue 80,984 31,877 Interest expense and fiscal charges (98,317) (78,743) Contributions to Motor Pool 3,900) 39,480 Total Nonopenting Rev*mm (Expanses) _04* Net Income = MAN _8 iN 1 0 J nos nonce i ~ ,J C 1 rl :°„r' sV~M 7is 1~ } YIJ } ♦ V i ~Ix lr ~ t 1 Ay v s „ , A^- t d 'VVs Yy ytkiw , iv i ^t if ~ f ~1l" i ~Y ySY N.Y J 1~r 1.r t t CITY OF DENTON SCHEDULE OF BUDGET VS ACTUAL EXPENDIT URES • JUNAUDITED) SOLID WASTE OPERATING FUND FOR THE PERIOO ENDED JUNE 30.1996 ParuM B E?cpanws RwminlnQ_ CAPITAL OUTLAY: Fixed assets $ 283,872 $ 114,914 68% OPERATING EXPENSES: Salaries and wag** 2,068,270 1,407,489 32% Mawalsandsupplles 363,868 164,104 68% Maintenance and ropalrs 882,714 508,393 10% Services 1,002,010 642,608 48% Insurance 26,062 19,648 26% Sundry 203,036 139,190 31% FwwWse Foe 162,626 121,489 26% Ro",,so Ekdrlc 50,000 0 10056 AdminrstaNw Cat 473,493 356,120 28% Total Operett" Expanw 4,601,04 3 a6~,38 - SAA NONOPERATING EXPENSES: Interest expense 237,748 88,317 63% Principal paynronts-Iwnds 214,242 160,666 25% Contrit0lona to Motor Pool 18,033 3,900 79% Total NonopwatMp Expawa 470,9i! 28f,9~3 4t~1~ TOTAL EXPENSES 1 01WI S9 31428111S 36% i i I , 4.~ T s -Ow l r#~ 5.fµSA«wt'7''✓~. 'a"i' S, }`zw it~~'',pt~r 7151; W A 1 T i 4t$ 3 L F ag n[,srlo~_.,,,,,,,_, CITY Of DQNt014 TOL" MUNICIML SU11DINQ • 216 E. MsKINNEY • DENTON, TEXAS 78201 (817) $888200 • DFW Ml 7RO 434.2629 MEMORANDUM DATE: August 11, 1996 TO: The Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer SUBJECT: RESPONSES TO QUESTIONS ON THE 1996-9e PROPOSED BUDGET Please find attached responses from staff to various council member questions from the August 8, 1995 budj qt hearings. A table of contents is provided to help you find specific topic areas. Each week during budget del!beratione staff will provide additional responses as necessary. Please insert additional responses In the three ring binder provided, I hope this Information is helpful. If I may be of any assistance, please adviso. Thank you. AgWMnsnLL AFFODEED O "Dcdlcalsd to QOOI1ly SITYILY° AVDY t: 1 , ~v dl . a . JH t ~.r ~ 3 4 4 ~:l ~ X^a .A O i'J~!}(~.i ISIQ., SUMMARY OF RESPONSES TO QUESTIONS ON THE 1995-98 PROPOSED BUD48T...... ._...r.__~_. , July 11, 1996 fTopks) 1) Cable television subscription fee 2) Day care permit fee 311 Alternative fuel program 41 Fire equipment 5) Health Insurance Increase 6) Half cent sales tax to reduce property tax 7) 1995 tax levy Augwt 4, 1996 (Toprios) 8) Universal hiring program • Police Augtiat 8, 1996 (Topks) 9) Fire department staffing _ Volunteer Fire Fighters 10) Police Department - Individual Assigned Vehicle Program (IAVP) 11) Neighborhood Associations 12) Summer Youth Program (JTPA) 13) Turnover rate for employees hired less than 30 days 14) Part-time employee benefits 15) Motor Pool issues 18) Water tank painting • 17) Impact fees AFFOOCCE s 1~1 Ri. ~r .'~i~44`yN4 SvI S+,~ ~a(° „f; t "k3 sn- Y r Sy k rT hVa ~jF§'~•Z S "Y i • 2 tr l~ 4'3 Y ; 0 / l M+rrwITPt'wn. I' erry of DLMTIOtaI, Taus MUN10PAL 8U1LD1N0.216 E M&1NNEY • DENTCW TEXAS 78201 (8f 7) 6868200 • DPW METRO 434.2629 MEMORANDUM DATE: August 10, 1995 TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer SUBJECT: RESPONSES TO COUNCIL QUESTIONS Attached find two memos from Fire Chief John Cook addressing Fire Department staffing and a volunteer fire fighter program. I hope this information is helpful. If you need additional Information please advise. Thank you. JF:d MtKhmfM AFFOOFIO • e e a u > 1 rr r Apr^vA iOt Dedicated to Qualtry Se++*v o y ttG r,J1 r > ~ 7. n .w ~ ~ .Y I l i ~ 1 I~~ V JY .'.l'f h'~+Itr 1141.1 ? r. • 4A • Kano 195-054 TOS Xr. L. Harrell, City Manager Xr. M. Jas, Executive Director of Emergency services FROXI J. L. Cook, Jr-, Fire Chief 4 DATES 10 August, 1995 RES Volunteer Fire Fighters You recently asked me to prepare a report addressing the use of volunteers to eupplement staffing within the Fire Department. This Memo outlines a number of deployment methodologies for volunteers. it should be remembered, however, that I provided similar information during the FY 1994-95 budget deliberations (Memo 194- 095R dated 21 October, 1994). The suggestion to use volunteers met with considerable opposition from the Fire Fighters' Association at that time. It is safe to assume that the Association will vehemently oppose the consideration of volunteers during this budget cycle as well. The use of volunteers in conjunction with paid fire fighters is a common practice particularly in Maryland and Virginia. The International Association of Fire Chiefs reports that there may be as many as 200 combination departmerits serving areas with a population of 50,000 to 100,000. In Texas, at least five Chapter 143 Departments use volunteeruS Conroe, Del Rio, Foresi: Hills, Killeen, and Grand Prairie. The role that volunteers play varies. In our own Department, a RSVP volunteer helps us with filing in :he Fire Prevention Bureau and the Amateur Radio Club and their Skywa.on Group assists in the Kaergency Managevient Program. We have also informally "iscns.ed using the Radio Club to supplement our communications division if the fire and police dispatch functions were to be separated. This is a mova that would greatly enhance the Department's ability to manage its resources. i There are a number of advantages to having a group of citizens volunteer their services as fire fighters. These advantages includes a There could potentially be a pool of additional personnel for use at large incidents ® • Volunteers could be deployed as the "4th member" of i • fire company. • Volunteers are less expensive than their paid counterparts 4 • • xemo Its-056 Page 1 of S • Volunteers might provide a means to diversify the workforce and serve as an applicant pool for future full- time positiaas Thera are disadvantages to having a volun`,eer force, however. :'ho most vignificant challenge would be to provide enough activity to maintain interest and skill levels. Fire fighters want to fight fire and simply having them come out after the fire is out to load hose and clean equipment will not work. other potential problems that might be encountered are: o The lack of volunteer availability/dependability during peak demand times o The objections, attitude, and behavior of the Fire Fighters' Association a The lack of staff to train and manage the volunteer program o The expense of training (basic and CE), uniforms, protective clothing, pagers, insurance, worker compensation, etc. o The public perception that the Council has abdicated its responsibility by not hiring full-time personnel o The potential FLSA/compensation issues if city employees are used as volunteers program Ontionss Thar* are a variety of options available to the City. The more traditional approach would involve the formation of a component to provide fire suppression support. It would take approximately a m year to recruit, select, and train the. volunteers to the same level as the paid fire fighters. Training would bo conducted at night and on weekends. This would require additional staff or contracting with another agency such as a community college to provide the training. Volunteers are not required to be trained to the same level as paid fire fighters. Nevertheless, the City would be remiss if it • provided any less training than that which the paid fire fighters • • receive. We need to provide for the safety of the volunteers and assure our paid employees that the volunteers are competent to help them. A lesser training standard would most certainly serve as a lighting rod for the Fire Fightersf Association and sway the opinions of those fire fighters that might otherwise be supportive of the program, L ,C ",ism • to • Memo /i5-056 Page 3 of 5 Once the volunteers were trained, they could be deployed in any number of ways ranging from being issued pagers and responding from their homes or businesses to actually being assigned duty time in a fire station. If volunteers were assigned specific duty times they might be considered as reserves rather than volunteers. This might lesson the objections. Law enforcement agencies have used reserve components quite successfully for a number of years. In some combination departments, the paid employees staff the stations during the day and volunteers staff the stations at night and dui'nq the weekends. In others, specific companies or stations are assigned to paid employees while others or% assigned to volunteers. Given the mobility of our society, it is doubtful that enougqh volunteers would be available during the day to make any significant impact. They would be available at night, how,:ver. Employees in other City Departments could also be trained as volunteers or reserves. This has worked in a number of other cities. The most significant problem would be having sufficient time to train them. Most other Departments have the minimum number of employees necessary to accomplish their mission. To take a number of employees away for an extended period of time would create problems for them. On the plus side, however, it would be helpful to have a number of trained personnel scattered throughout the community. Compensation issues would have to be addressed as well. If they were paid for performing fire fighting duties they might have to be certified. Mother alternative would be to use the volunteers for EMS rather than fire fighting. There are certainly a number of volunteer EMS agencies in the United States. This program would be cheaper and could be implemented on a shorter schedule. A two-tiered approach could be used. At the basic life support level, it would only require 120 hours to train personnel as emergency medical technicians. EMT's could be used as first respond*%s which tight • be an ideal role for other city employees. City employees could bs trained as EMT'■ and provided with EMS equipment and portable radios. They often would arrive on the scene prior to the arrival of an engine or medic unit and could begin patient assessment and treatment. These employees could also be diverted to fire stations to staff reserve ambulances whenever • call volume depleted the frontline units. There is a large number of health care professionals within the • community that might be interested in volunteering their services as well. In addition, a substantial number of women are interested in emergency medicine, but do not have an interest in becoming fire fighters. This would certainly allow us to diversify the • as • Memo Its-059 Page 4 of s Department. Many of these people would probably be interested in taking the additional training necessary to become paramedics. If a sufficient number of volunteers were recruited, it may be possible to divert more of the full time personnel to fire suppression duty and to use the EMS volunteers to staff one or more of the medic units for some portion of the day. The volunteers could also be used to staff medics for special events such as football games and festivals as well as helping to teach CPR and to conduct community wide blood pressure screenings. One other option would be to reinstate the "student fire fighter" program. College students could be recruited, trained, and be given room and board in exchange for their services as fire fighters. Central would be an ideal facility for this program. The City used this program very successfully until the mid 1470's. Given the large student population, it would seem to be an ideal program for us to visit once again. With the proper supervision and management it would be an excellent source for additional personnel and serve as a recruitment tool for permanent employees. Recommendations Here's a laundry list of items that could be funded and implemented without a great deal of effort and without significant opposition from the Fire Fighters' Association] Fund a program to train &U City Employees to use a fire extinguisher, perform CPR, administer basic first aid, and to recognize and correct obvious fire and safety violations. Fund the training of a group of City Employees to per.tors specialized support operations such as the use of heavy equipment for rescue operations and wildland fires aWi to assist in hazardous materials incidents. + Fund "pods" for specialized operations much as hazardous materials, disaster services, water containers, etc. that could be transported to an incident by the Solid Waste Division's Drivers and "roll-off" trucks. Provide tax incentives for commercial and residential automatic fire sprinkler and alarm systems. d Fund instructors to provide fire brigade training for industries, city-wide CPR and first aid courses, fire • extinguisher training, and training on the recognition and correction of obviour firs and safety violations. (This would be similar to the Police Department's Neighborhood Watch Program). A 0 ' IR, -x^ X' onq i • i Y memo its-oat Page s of i y Fund additional overtime to hire off-duty personnel whenever the call volume reduces available resources to two engine companies and one ambulance. Fund advertising for cable T-V radio, newspaper ads, direct mail, billboards, *to. promoting fire prevention and urban safety and survival. Go door-to-door and give away smoke detectors and perform free ` home safety checks. Establish a reserve force for non-fire suppression functionst administration, fire prevention, public education, rehab, and communications. Fund the extensive use of interns from Oklahoma State University's Fire Protection Engineering Program and Vis University of North Texas$ Emergency Kanagament Program. + Transfer code enforcement to the Fire Marshal's Office and cross train fire and code enforcement personnel. • S a ro t • • 1 MEMO 891-095R TOs Mr. R. Svehla, Deputy City Manager FROM: J. L. Cook, Jr., Fire Chief, DATEi 21 October, 1994 An$ Alternative Staffing Plans As per your request, I have prepared for your review and consideration an additional list of alternativeu that might be employed to address the current staffing deficiencies within the Fire Department. I have attempted to keep my comments as brief as possible. Therefore, should you desire any additional details on one or more of the alternatives, please do not hesitate to contact me. The alternatives are = listed in any order of preference, but are included as items for further discussion, t oa I: Hire a Consultant In order to obtain an objective opinion from an outside expert, it is often to desirable to secure the services of a consulting firm. The consultant could conduct an audit of the Department and make recommendations concerning staffing requirements, station locations, and response times. The International Association of Fi:e Chiefs forwarded to me the following list of consultants who perform these types of studies: TriData Corporation (Arlington , Va.); Almont Associates (Almont, Co.); Hendricks & Associates, Inc. (Washington, D.C.); MA Consulting Group (Boston) ; The PAR Group (Chicago); Long Associates (Fort Lauderdale, Fl.); and W. Bryce Connick (Sonoma, Ca.). I know several people with TriData. I contacted them and was advised that the beginning price for such a study based upon our population would be in the mid to upper $40 k's. The price would obviously vary with the scope of the project. Cytion Ti: Peer Audit Rather than hiring a professional consulting firm, a less expensive alternative would be to arrange for a "Peer Audit" of the • Department. A "Peer Audit" would involve selecting a panel of at least three Fire Chiefs to audit the Department. The panel would be comprised of actual practioners from different parts of the country that have worked in communities similar to Denton. These experts would review our situation and compare it with their own. • • ALTERNATIVE STAFFING PLANS PAGE 2 OF S The various national fire protection standards would be used as a benchmark in addressing the issues of staffing, deployment, and station location. An advantage to this Option is that the report would be prepared by an objective panel of experts rather than by professional consultants. The cost for such an audit should be considerably less and would only include expenses incurred for travel, lodging, and the preparation of their report. option IIIi cross-training of City Employsss Several recent discussions have centered upon the advantage of cross-training current City Employees from other Departments to perform fire fighting duties. Traditionally, cross-training programs have focused on increasing the. productivity of paid fire fighters by having them trained to perform other jobs within the city. For example, the city of Pampa uses fire fighters as building and code enforcement inspectors. The most popular program involves the cross-training of law enforcement personnel as fire fighters and vice versa. These fire/police consolidations or public safety officer programs usually fail miserably. This is in large measure due to the resistance of the employees of the fire and police departments. The most notable exception is the DFW Airport. There are several variations of this plan, however, which are designed to supplement a City's fire suppression capabilities, fi These programs range from having city employees function as volunteers to having them actually become part-time fire fighters. This latter variation is similar to a plan that is in effect in Bartow, Florida (article attached). While the Bartow plan has considerable merit, there are several distinct and costly obstacles to implementing a similar program in Denton. The first, would be the necessity to provide the basic • fire fighter certification program to would-be fire fighters as required by S.B. 1110, 73rd Legislature. The basic program requires a minimum of 458 hours of fire training for structural fire fighters. if EMS training were added, another 120 to 400 hours would be added. S.B. 1110 further restricts the use of part- time employees to a maximum of 500 hours par year. • The Fire Department does not conduct its own basic training due to a lack of a training staff. We normally farm our people out to • • other schools. The average cost is about $1,000 for a fire school, plus the person's salary for the three to nine months they are in training. • 0 • • ALTERNATIVE STAFFING PLANS PAGE 3 OF S 49tion IVs Part-time Fire Fighters A less expensive alternative to Option III would be to employee off-duty, paid fire fighters from other cities. This would save the training expenses and there is an abundant labor pool. Therefore, the 500 hour limit would not be a problem. The creation of a part-time force would be resisted by our employees who would, no doubt, feel that their jobs were being threatened. option ys volunteers Several recent letters to the Council have suggested the formation of a volunteer or reserve unit, similar in scope to the police reserve, Me. Drayovitch has recently sent an inquiry to Bettye springer, a well-known labor attorney with expertise in Chapter 143 matters, in order to determine the legality of such a action. i There are numerous advantages to this alternative, not the least of which is the salary savings. It offers a unique opportunity to provide for diversity within the ranks of the Department as well as providing an opportunity for community involvement. The program might also allow better utilization of the current full-time employees, For example, if reserve members were scheduled to work on nights, weekends, and holidays it would be poss-ble to divert some of our full-time people to those times when the rvserves were unavailable, The Commission on Fire Protection places fewer constraints upon volunteer fire fighters. Volunteers are not required to be certified. They may, however, voluntarily comply with these requirements. This would provide us with greater flexibility in training and would give city employees in other departments greater opportunities to volunteer their services an wall. As long as they were not required to be fire fighters as part of their normal job assignments they would be considered volunteers and exempted from FLSA overtime constraints. For the volunteers to gain acceptance from their paid counter- parts, however, they must be trained to the same levels. Fortun::tAly, this training could be phased over a period of time in 4! a similar fashion as the reserve police officer certification program. For example, the first phase might be limited to a 4.0 • hour program which would enable volunteers to perform outside, support work to suppression crews. The Second Phase might include approximately 120 hours which would allow the volunteers to reach the NFPA 1001, Fire Fighter I Level. Over a period of years, the full 458 hour program could be accomplished. • O • w • r ALTERNATIVE STAFFING PLANS PAGE 4 OF S The greatest misconception is that a volunteer program is free and that it is a quick fix, it is not. This progra would require both time and money in order to make it a success. For example, some additional full-time staff members would have to be added to provide for training and supervision. Although it might be possible to contract with one of the universities or community colleges for the training. Volunteers would need pagers, insurance, uniforms, and protective clothing. it might be dnsizable to provide some type of compensation as well. S.B. 1110 permits volunteers to be compensated provided that their total annual compensation does not exceed the equivalent of 2,080 hours calculated at the Federal minimum wage, Among the several incentive packages commonly offered to volunteers are free utilities, free cable television, membership in recreation centers, pay per call, and an annual stipend. A slight variation of the volunteer program would be the resurrection of the "student fire fighter" program where university students were provided with free room and board in exchange for fire fighting services. They, of course, would have to be fully trained and might be considered part-time employees rather than volunteers due to the value of their compensation, The volunteer program, if considered, should be expanded to include support services such as communications and fire prevention. There would be less opposition from our current employees and there would be less training involved, Therefore, these volunteers would be onboard alot quicker. Option VI: For approximately the same cost as hiring an outside consultant • to study the staffing issue, it would b~ possible to begin to address the issue in a proactive manner. The first stop in this process would be to allow the Department to hire two personnel to replace the last Battalion chief when he retires in March. This has been our plan for several years now. As you may recall, we were able to add three personnel when the other two Battalion Chiefs retired. • Given the two fire fighters Above, if we were allowed to hire two additional personnel (four total) we could staff a third ambulanoe during the busiest time of the day (11:00 to 23:00 hours). The new personnel would work four twelve hour days on and four off (42 hours per week), This would give us some relief during periods of peak demands, The annual cost would be approximately $72)000 ti ~ y r 5 yyh:..3yrrr%,.E-'",ta, dk~S5 f ALTERNATIVE STAFFING PLANS PAGE 5 0! 5 ($36,000 each). If we delayed hiring until January the cost would be reduced to leas than $54,000 for the remainder of this fiscal year. If this action were taken, it would be possible to redeploy our existing personnel in a more efficient manner. If we decided to add a volunteer or reserve unit these new fire fighters would give us even greater flexibility in integrating this program into our Department. If you so desire, I will be glad to sketch out several scenarios for your consideration. some require additional apparatus, but all of them begin to reduce our presence at Central. Given current circumstances, this would appear to be a prudent move. • 12a~~t#r wr w x A ~K T . t I^[~' it aw~yye~r 1M ors Cffy of DERV • )%TEXAS MUNICIPAL BUILDINO.216 E MCKINNEY • DENTON, TEXAS 76201 (817) 668.8204 • DFW METRO 434.2629 MEMORANDUM DATE, August 10, 1996 TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer SUBJECT,. RESPONSES TO COUNCIL QUESTIONS Attached is a memo from M,Ke Jez, Executive Director for Emer4anoy Services, addressing the Police Department's Individue! Assigned Vehicle Program (IAVP), ~ I hope this Information is helpful. If yo,, need additional information please advise. Thank you. JN1 Attw ram AFFOOFID . .J. 11De eolm to Qwalfty s~W, s. t391 I/t i , ~YnLY • • lit Denton Police Department 221 N. ELM DENTON, TEXAS 76201 M E M O R A N D U M TO: Rick Svehla, Deputy City Manager FROM: Michael W. Jez, Chief of Police DATE: June 20, 1991 RE: Individual Assigned Vehicle Program ;IAVP) Rick, this report was prepared in response to direction from you to compare the Individual Assigned Vehicle Program in the Denton Police Department to the more traditional Fleet Programs used in other agencies. This document contains the results of an analysis based on the best available information, Certainly, there is a lack of historical data available regarding the Denton experience. Independent research by such agencies such as the National Institute of Justice or the Police Executive Research Forum has simply not been done. Therefore, this report is a result of a review of the limited existing literature and actual expenditures of this agency. BACKGROUND Police units for the Denton Police Department, and most other departments, have traditionally bean managed through a fleet assignment system, that is, sufficient police vehicles are purchased to meet officer staffing requirements for shifts and beats. The cars are "pooled" at a central location and assigned to officers as they come on duty. Under this fleet assignment concept, officers are assigned an available vehicle, usually not the aue vehicle shift-to-shift. Most vehicles are used 24 hours a day, seven days a week, for weeks at a time. • The basis for this fleet management approach vehicle are higher, the required number ofvehicles tcanibe keptttoaacminimum.peIn other words, maintenance costs may be higher, but the capital costs for providing sufficient fleet vehicles are kept as low as possible and can be incrementally adjusted to meet projected long term demands, • In 1986 the Denton Police Department found these capital cost coupled with increased • • operating and maintenance costa were high enough to warrant the exploration of other alternatives, The Departments vehicle inventory was inadequate to staff existing beat (817) 58&8181 METRO 434.2620 • allotments and Detectives were having to share automobiI.," sericusl"y`ki mperIlfg`Eh'r- agencies ability to effectively deliver police services. It was decided that the fleet could be increased and maintenance and operating costs reduced by instituting an Individual Assigned Vehicle Program. Likewise, it was decided that capital costs could be reduced by lease purchasing vehicles for three year periods as opposed to purchasing vehicles every year. COMPARISON OF PROGRAM CO;f3 In order to make valid comparisons between the two plans, it is necessary to determine a common unit of measurement. This common unit of measurement is essential because the characteristics of vehicle use in the two plans are significantly different, Under fleet plans, patrol cars are available for use a maximum of 21 shifts per week (3 shifts per day, 7 days per week) or 1,092 shifts per year (21 shifts per week x 52 weeks). In practice when idle time, maintenance and repairs are considered police care are actually in use approximately 18 shifts per week. On average, police cars in a !eat plan accumulate approximately 30,000 miles per year or 33 miles per shift for 91b shifts per year. (18 shifts per week x 52 weeks). Alternatively, a vehicle under an IAVP is availab,, for the same number of shifts as the officer assigned to a vehicle. Since a police officer works an average of five shifts for 48 weeks per year, the patrol car Is actually utilized for 240 shifts per year, At 33 miles per shift, an IAVP vehicle will be driven approximately 7,920 miles per year. We add this to a projected "off-duty" annual mileage of 1,028, for a total mileage of 8,949 miles per IAVP per year. In order to make a valid cost comparison, the current "mileage dependant" charges (fuel and maintenance) for fleet vehicles need to be estimated. These data for Denton vehicles are simply not available and records of existing pool vehicles can not be used since their useage is no doubt dramatically different as a result of our IAVP program. However, Arlington Police Department places their mileage dependent coats for a fleet program at 14 cents per mile for fuel and SC per mile for maintenance. Obviously these numbers could vary dramatically depending upon rates charged by the milrespeceagetidveepeFleendenttSchaervices fora fleettvehicles that be estimated using t t$4,210500 equation, and $1,500,00 for maintenance. for fuel Since in service miles would be the same under an IAVP me the Float Plan, than the per mile r,;sts should remain the same. However, the total number of miles will be conside:ably lower for the take home vehicle. Additionally, e.inco actual expenditures • for mileag, dependent costs were available we chose to use those figures for this report. It should be noted that maintenance coats used include expenses due to automobile accidents. A factor which Arlington doe.y not include in their So cost, Therefore, under the Denton IAVP, with a projected mileage of 8949 miles per year, fuel cost are $1,306.00 maintenance coats are $1,420.00, A comparison of per vehicle costs incurred in a year of either plan is shown balowi O Fleet Plan • • IAVP Fuel 4,210.00 1,306.00 Maintenance 11500.00 51710.00 1 420.00 'ij 2, 2 . • W • In order to complete an analysis and fully assess the relative c0ets`af"1;'orB'grama a coat comparison should be extended over time to account for wehi[la,,reAl~ cycles. Unfortunately this can not be done using an empirical methodology due to a lack of historical data. It can be said that a review of axisting literature re- garding IAVP's indicates the most prohibitive factor regarding such plane are their implementation costs; a coat which Denton as already incurred. Under the current IAVP the Department has 88 vehicles that are operated by 104 commissioned officers, parking enforcement personnel and reserve police officers, Fourteen of the vehicles are pool vehicles, two are reserve officer cars and two are parking enforcement vehicles, leaving 70 vehicles assigned as take home units. If the Department were to immediate?.y return to a Fleet Plan it would require 61 vehicles to support the beat allidnment and personnel staffing currently in operation. In orther words, we would be able to reduce the fleet by 27 vahiclus. The immediate impact would be a reduction of FY '91-'92 budget by $22,80D.00 in re- placement vehicle costa (Account 88507) and the availability of 14 other vehicles that could be disposed of. These vehicles range in age from 11 years to 4 years old and would probably bring lass than $2,000.00 per unit for an additional $28,000.000. The combined savings in FY '91-'92 would be approximately $50,800.00, However, one needs to consider the impact of such a decision boded on mileage dependant costs and several other important factors. Whether the City decides to continue the IAVP or revert to a Fleet Plan thirty six vehicles would remain unaffected and should continue being leased. These care are investigative units, crime prevention units, crime scene search units and administrative vehicles. The net effect is that under the IAVP program 52 vehicles are assigned to the patrol function while under the Fleet Plan 25 vehicles would be assigned to the patrol function. Therefore, if one accepts the mileage dependent coats cited earlier in this report per vehicle costs for both plans would be e.s follows: Fleet Plan IAVP Mileage dependant costa $5,710 Number of unite $2,726 x 525 0 x 52 $142,750 141,752 j Which yields a $999,00 yearly savings under the IAVP program for mileage dependant I coats while allowing the department to maintain a much larger fleet increasing our response capability. Although the Department would recognize a $50,800.00 saving in FY '91-'92 budget year it could expect a $181,250.00 expenditure in FY 192-'93 and each year following for the replacement of twelve fleet vehicles since the expected life of vehicles assigned to a fleet plan is two years maximum. Under the current lease program vehicle procurement costa are about $196,300.00 annually. This section would not be complete without an explanation of the "off-duty" costa and benefits associated with an IAVP. A total of 39,000 miles were driven by "off-duty" personnel at a projected costs of $4,800.00. So an additional $4,800.00 could be saved by discontinuing the IAVP. However, that $4,800.00 dollar mileage dependant costs to- aulted in a considerable amount of uncompensated man hours. Since officers are required and do respond to some incidents while driving units off-duty it amunts to increased • police coverage at little or no coat to the City. For exaaplej O 1987 1,165 hours (uncompensated off-duty time) x 17.49 (average hourly cost) $20,375.85 • a • 1988 a 1,391 hours x 17.49 - $24,328.59 1989 _ 1,306 hours x 17.49 - 22,841.94 During the first three years the Department recognized $67,546.38 in uncompensated duty time as a result of the IAVP, Additionally there are documented incidents where arrests for serious felonies were made by off-duty officers who were available as a result of the IAVP. So essentially the question is whether the $4,800.00 mileage dependant costs are worth the roughly $23,000.00 in additional police availability, SUMMARY After analysis it appears that Denton has incurred the biggest coat associated with .AVP and would be wise to continue the program at this point. The rationale for and anticipated benefits of an IAVP are; Although initially capital costs are higher, those costs have already been incurred and the total mileage dependent costs per vehicle are lower in an IAVP. Cara are better maintained and last longer in the care of one officer. Shift changes or officer relief can occur within the beat rather than at a central location, once again increasing visibility, as wall as improving coverage of the beat and manpower availability, Citizens report feeling safer with the police vehicles of off-duty officers parked in residential neighborhoods and apartment complexes. Officer morale is improved because transportation to and from work, and in some cases for non work related uses (see attached General Order) is provided by the Department. Recruitment efforts are improved because the IAVP is viewed as another form of employee compensation. Officer productivity is improved because officers are encouraged, and in some cases required, to take police action while travelling off-duty in police units. • In amergeneies, off-duty officers can report directly to the scene instead of a central station to draw vehicles. Increased useage of police vehicles by other municipal departments once they are removed from the Department Fleet, Police vehicles with lower mileage; thereby, potentially reducing liability in • cases of fleet accidents. • • Additionally, I would caution those examining the program not to underestimate the qualitative value of the IAVP. Increased feelings of safety on the part of our citizenry is enhanced by the IAVP, as is officer morale, both are benefits which are i v ty. y~ ~ rte t fir, "Y" WIt 0 d`v ~ S 'Si• - Y ' 'v. t a ' 1 sable: € tl:j difficult to "coat-out", Likewise the IAVP has certainly of the COP'S program easier by providing officers with tran0p6ttotion to and from the many community meetings they are now required to attend Add it''ionalfy, tAe has ensured the availability of sufftcian IAVP programs associated with COP'S. t numbers of vehicles for the myriad of new In closing, I would say that had the Department not already absorbed the implementation costs such a program might be questionable. However, at this point the maintenance Coate of such are program are reasonable and justifiable when all of the benefits are examined. Please let me know if you require additional information, Respectfully, Chief of olic • .e j Y r ~ rr .I I Jt 4y i ek~~ai M1''~. 5 i i Fig - a DENTON POLICE DEPARTMENT GENERAL ORDER NUM Erw cg 89-1: tFFECTIV! DATE: SUBJECT: Individually Assigned vehicle plan September 20, 1989 This Order consists of the following numbered sectionsi 1. Purpose II. Policy III. Objectives IV. General Regulations V. Reporting Procedures VI. Release and Indemnification of Claims VII. Effective Date 1. PURPOSE The purpose of this Order is to establish policy and regulations regarding the assignment and use of departmental vehicles designated as take how vehicles. II. POLICY The Denton Policy Department may assign departmental vehicles to individual employees for take hone. Such assignment is to be viewed as a privilege and not as an em►olovnsnt right. Vehicle assigruents may be revoked, modified, suspended, or danced .hen such action would be in the best interests of the department, as determined by the Chief of Police. III. OBJECTIVES I The objectives of the program arei A. To enhance public safety through increased police visibility on the streets of the city, B. To maximize the quality of vehicle maintenance. C. To provide quick and effective response to disasters, disorders, or other incidents which may require the recall of off-duty personnel. D. To enhance the ability of the department to provide police service coimensurste with the need for such service. • w • CLASSIFICATION t,9U~ fa LENERAL ORDER =89-12 SUBJECT: Individually Asai Vehicle Plan gntd PACE 2 "'-pp°1 - IV. GENERAL REGULATIONS A. Vehicle Assignment 1. Vehicles will be assigned by the Division Commander and the Chief of Police. 2. Vehicle assignments will be made based ens a. Job assignment b. Seniority c. Residence location d. The best interests of the department 3. Officers must reside within the corporate city limits of Denton to be eligible for assignment (affective on and after revision date of this Order). 4. Where there are two or more officers living in the same household, only one vehicle will be assigned per household unit. No more than two vthlelas will be assigned to officers living in the same apartment complex or mobile home park or on the same street in such close proximity that assignment is not consistent with the intent of this policy. 5. Violation of any of the provisions of this order may result in revocation or suspension of off-duty privileges. 8, Off-duty Operation 1. Officers are authorized to use take home vehicles for personal errands within the city of Denton, consistent with the pro- visions herein. • i i 2. Each member of the department utilizing a departmental vehicle shall exorcist good judgement and shall not commit any act or omission which would reflect unfavorably on the department or tend to cause the public to lots confidence in the department. 3. No person other than a commissioned officer of the Denton Police • Department or an authorised service or maintenance technician shall be permitted to operate a police vehicle, police radio, or other police equipment. CLASSIFICATION GENERAL ORDER REFERENCE NUMMER: L r.... 8A-12 SUBJECT: Individually Assigned PAON '3 OF F--..... Vehicle Plan 4. Non-police personnel may accompany officers as passengers whop, the vehicle is being operated off-duty. Because the officer is subject to recall to active duty at any time, discretion must be exercised in the transportation of civilian passengers. The officer should considerr a. The security of police operations and procedures b. The welfare and personal safety of the passenger, together with the possibility of related liability c. The integrity of the passenger 5. Radio communications shall be maintained at all times while a police vehicle is in operation. The officer !11 check 10-8 with the dispatcher giving his/her rig number at the beginning and 10-7 when off-duty use is ended. Durin)~ on-duty use, the officer will use 10-41 and 10-42 and his/hor district designation. 6. The officer shall inform the coswunieations center of his availability and shall receive clearance before responding to any call while off-duty. 7. The safety of passengers rests solely with the officer operating the vehicle. The officer shall discharge civilian passengers at a safe and convenient location before responding to any call while off-duty. 8. The use of red lights and/or siren is authorised only when the police vehicle is being used as an emergency vehicle, i.e., when answering an emergency call or pursuing a violator of the law. 9. An officer operating a police vehicle as an emergency vehicle shall do so in accordance with the current Department Directive regulating Emergency Vehicle Operations. • 30. No officer shall operate , police vehicle with disregard for the safety of others. Appropriate caution shall be exercised as suggested by conditions of the roadway, density of vehicular and pede strian traffic, visibility and weather conditions, and other circumstances affecting safe vehicle op:atioa. • 11. An officer in civilian cinthiag should initiate traffic stops r ` or violator contacts on hasardous violations when in the marhnd patrol car. Non-hasardous violations sbould be referred to the ✓ on-duty officers. • m • CLASSIFICATION RLFLRgNC11 GENERAL ORDER 113( 'r 11LI~L~ NUMIIR. ~.v 89-12 SUBJECT; Individually Assigned Mat 4 cum j' vehicle Plan 12. An officer operating a departmental vehicle off-duty will have a business/professional appearance. de will be neat and clean in appearance. Male officers will be claan shaven. Long pants and shirts or blouses will be a minimum. (No tank tops, T-shirts, or shirts with advertisements on then). Shoes will be clean and no sandals will be worn. The officer is responsible for the conduct and personal appearance of passengers, who shall meet the minimum dress and appearance standards. 13. Police vehicles shall not be utilized by officers or passengers intending to consume or who have consumed alcoholic beverages. No alcoholic beverages shall be transported in the vehicle for personal or social purposes. 14. The vehicle shall not be utilised for carrying heavy or bulky loads. No objects shall be allowed to protrude from the windows or trunk, except in the performance of official police duties; i.e., transporting evidence, theft recovery, etc, 15. Two or more officers assigned to attend the same school, seating, or assignment shall utilize the minimum number of vehicles. 16. Unattended vehicles shall be locked at all times, !7. Police vehicles shall not be parked in reserved parking spaces. 18. No more than two marked police vehicles shall be parked at one location by off-duty officers except on official business. This provision shall not preclude officers residing in the same neighborhood or spartment complex from parking at their respective residences, shopping at the sass shopping center, or stranding departmental functions. 19. A police vehicle may be driven to and from t part-time job v:.thin the city of Denton, providing the v*W.cle is not used As part of the employment (except a felony, at such time the officer would go on the Police Dspartment payroll and should notify dispatch immediately) 20. A police vehicle may be driven to and from duty assignments and duty-related assignments. - o • r CLASSIFICATION GENERAL ORDER REFERENCE NUMMER: 89-12 SUBJECT; Individually Assigned man 5 OF Vehicle Plan C. Vehicle Maintenance 1. The officer to whom a vehicle is assigned shall be fully responsible for the general maintenance and proper care of the vehicle, and shall refrain frosts a. Making anything other than minor adjustments b. Altering the body, general design, appearance, or markings of the vehicle c. Using fuel, oil, lubricant, or other additives in the vehicle other than approved departmental issued. 2. The officer shall, at all time, drive the vehicle with reasonable prudence to conserve it at the highest possible degree of operating efficiency. 3. Any mechanical or elaLtrical alterations or equipment accessories added must first have the approval of the Service Center Superintendent, unless otherwise approved by the Chief of Police. 4. Colored sealed beams will not be permitted in the spotlight or headlights. 5. All repairs will be performed at the City Service Center by Service Center employees, or at a place designated by the Service Center Supervisor. 6. No weapon shall be allowed to remain in a police vehicle left for maintenance or repairs. 7. The officer is responsible for insuring that all routine maintenance and required service is performed on the vehicle. S. The officer shall be responsible for the cleanliness and orderliness of the interior and exterior of the vehicle. 9. All routine servicing, such as cleaning and operational repairs, will be performed on the vehicle prior to assigned active duty. D. Supervision ~ i + 1, Inspection and supervision of the meintanance and care of a • • Police vehicle is the responsibility of the officer's assigned { supervisor. The supervisor will inspect and inventory the take home vehicle weekly. The supervisor will also check to be sure preventive maintenance is bola$ done. a. • CLASSIFICATION GENERAL ORDER REFERENCE 89-12 SUBJECT; Individually Assigned m as AOE 6 Of 7 Vehicle Plan 2. An off-duty officer operating a police vehicle is subject to supervision by on-duty supervisors. 3. Any supervisory officer may stop a police vehicle operated by an off-duty officer upon reasonable cause that the officer is operating the vehicle contrary to regulations. If corrective action cannot be taken at that time, the vehicle shall be taken to police headquarters by another officer, Deficiencies will be documented in writing by the supervisory officer. V. REPORTING PROCEDURES Off-duty hours Weekly Report Forme All members of the Denton Police Department participating in the Individually Assigned Vehicle Program will complete a weekly report indicating any use of the police vehicle and any activity in which they become involved while the vehicle is being utilized during off-duty hours. An entry will be made for each incident and the report turned in to the Field Supervisor at the and of a seven-day period. The Field Supervisor will turn the weekly report in to the Shift Commander who will forward the statistics to the Division Commander. At the and of each month, the Division Commander will consolidate the statistics into one overall monthly activity log cheat, which will reflect an activity total for all participating members of the Individually Assigned Vehicle Program. A departmental file shall be established to retain the individual weekly reports, and the monthly consolidated report. VI. RELEASE Officers selected for the Individually Assigned Vehicle Program will be required to have a Ralease b Indemnification of Claims form signed by iamediate family members annually. All others will be required to sign a Release 6 Indemnification of Claims form each and every time they ride. Immediate family is defined as officer's spouse and children. Children eighteen years of age will need to sign a Release and Indemnification of Claims form separately. The Release and Indemni- fication of Claims forme for the immediate family will need to be on B file with the Department prior to their riding, all others will need • to be turned in with the weekly report. MOM O ~ s • LATlON R.-.- CLA881FI1 GENERAL ORD =809-12 SUBJECT: Individually Assitid Vehicle Plsn MOE ~ ~ r V11. EFFECTIVE DATE This order is effective SePtesber 20, 19A9. to of Po ice City of Den on Distributioal All Personnel Raster File 1 r - y Jt -A ~ wr~~.~ru.•~. . [~f J 131! a9 "fi. • w • TURF HOME VEHICLE PLAN - WEERLy REPORT NAMEI (Last, First. M.I.) BADGE NO. VEHICLE NO. PERIOD ! . ,'r„ From p OFr-DUTY ACTIVITY MILEAGE MASNTENANCE TIME CALL NOW OD TOTAL DATE DIST. 391 OFF CODE REC ACT BEGIN END MILES DESCRIPTION 4 I 1 I i II 1 • ENTRIES DATESi Give Month and Day ACTT DISTi Where Activity Took Place 1 Indicate Type of ActivitOf TIME: Use Military Tier System 2 ' Assisted as Duty oy Officer ' • CALL CODE: Use Numbers on Reverse Side 3 + Assisted OorDuty Officer • ! %1w RECI Indicate now Call Received, 4 0 ' Made Stood an by for Arrest Officer On- 1 w On Viw (F-Misd) I w Radio S • Vehicle Used-NO Calls Answered 1 + Radio b a Traffic Stop ODOMETERe Give Mileage Readings TOTAL MILESs Indicate Miles Driven (USE MAINTENANCE, Be General (e, s. Tune Up) REVERSE SIDE FOB ADDITIONAL CO1N441Ti) his q O . i, 145';:.%gtri rpr~:1~.".9o~Fri:3Tal'tt.4!Y..a-Y; 2. Accident (Minor) 2. Accident (Majoel 22. Herres. phone Calls t• Accident (s p 23. right E..0 :h ,ji'Jo Assault 24. dg. Message - ..r•:.. o • Assault (Cris.) 25, lire Call D ( 6• Abend. sicycle 26. Hospital call 7. burg. Alarm silent 27. Injured Person s• Burg. Alarm Audible 29• Meet Ambulance 9. Burg. in sidq. 29. Meet Comp. 30. Burg. Inv. 30• Parked Car 1i. Cutting 31. parking Violations 12• Deceased Person 32• Person With can 13. Aeaented person 33. PrisOner•Piok up 14• Disturbance 34• prowler 15. Disturbance (Don.) 35. Vandalism 16. Dog-site victim 36' Robbery 17. Dog Mad 37. Shooting 1s. Dog Ord. Vio. 39• Susp. Person 19. Drunk 39• Sump. Person (Car) 20. Drunk (D.W.I.) 40• Theft Investigation 21. Livestock out 41. Others A D D I T I O N A L C O M M 6 N T a 1 ~ i l! i ~ ~ ~ l~Hx1 .l~~ .~u [ r ) ' t ~ ryy~yp}y{t x i Dfatoa folks Depar mot Cltisto RWtf s ReqYdt To Chum Dut to the tencitivc VW sw#Wn a oonhdt W infOrrretion a whit% a dUm HUr my bo acpoeod during hie rifle with a OAker, ft is ineurbeal VON tit POO" D*vwAw a tiod the ideaity and hobyouW M aY riche WWh Oft Q( the MW jrrA+~m be www"TRVIW=&me* ism V. Y a ri1R M 11 e+reW NO ft •omm. cldna rifts ham no 0 ds c 0 1 a pomm evow wia trigtteoted a so a OMM. ddaor eborw marw grids and obervo tab, Tit ridmt k womw b blow do wrtan and "nKtbm nn'a by tie OAioee A r.AW a W mt a 1 rape? K imumift win fWA to a wumodioN amdmti a ertie Ow. Nnre: Ad6at Abe: Sa Ram: _ Dow ON* - - DOy and Dtu rogroMirt a ride: NWAW of harm mtpertloK a rids: Tirol pwW mtpaeirtp a dds: (AM / AM) aW (Ail ! IPJQ bm"Llmom Do yw harr any OiNk" proowirp Deadin{ epdnr ya? (Ya / NO) (Irm ltm Mw) Db yet ham any on" powan or aondkiore tiro yo am be1% VOW hr Al twe liar? (Yoe I No) _ i (tf fa. OWN Dol) Do you have aay epscW mdWm / power (yb "er re") tba tie Off m lb" M cart tt drrlai yorr ride? (Y« I No)_ - (If ya a OMI) j l have mW and bvdhiy anmorod tie ?bore how gttnetlow I mtdsromw lids /INq Ala irAteatatia i p in roWd a my of do gwaiom cwN be Rrowtde for IM Darn /Oboe Depatawt a NAM aq mgrs?? a ride. Dee: S4m mm: 1 • Jr, a° . CITY Ot{ DENTON $-3 BELEASIr AND ~iD[bINO'ICoATION Olf-CLAMM t. w MWOM of tttw City a( Don" CmM of 000104 S" Of Ttxak, I0 o0aM*MJ00 of being a WmW by 1b Dtoo0 ftW 04wtewM aadta tM City d Deya It d4 wit► At p0iks adlan of tb DoWs hdia DgWavolk vehWAWW 001 k0owia~q d0 atww0 deb t0kww and W&maiAadow wish tb gatae Womdow of dkvk4 IM oadhpddmw wary W W alley Wi t the Dawow lttba 04wo oaom &-A* do Coy of Do" whldt wry nwdl No the +pwmm y kma dadp ow A*" I , w" Ib woo" of h6dws wow, wry bin aa-.--m ~ 66ww maw, aw Ndpr, do handy w"'oody "Mm ad d wh vp 40 daim, & Oak Sour, *we"" ad mo dw whkir I em had, w yaw hm a MW w►n. Of Wh" MY hero t1 a1 w1 adsMhteww, a am*& MW ham w dde IN hM "WW thw Dawn ftlim D*Mm m "w t4 C* of Dawew, Ttaat O UW by. w added aw a( ponotrE WW1ee boat w r0kttow~ and kjwriw to pa+pwb, atwl w pwnowal awal y w wd ww K that UPON 0( wews whirl mm hoe IAw ap*mm u haeiw da00aw Am F'W%Wrmm 1 W" to Wee * and eve Urmlen dr Dame ftho Depw =W mL* dr CRy at De0wc6 Texan, Elea aq Lwhd" w dwmwpw 1 gory aa&r a • MA of dWft 60ndt, oe t, a jadp000it aptiad the Dawn Mks Depwrtmft ad* dr Cky of DOW& aws/ by. W Wbft an of the wpwwUM hte0lw dwdfWW nine. a the Deya Tolko Dpwalwaeu an" do C* Of D0wn4 M dr awtbtawwl wt wry put of ft WwAiw m1. " Mar aaowa- -1 aapaot, a Now ebUs" to PW &"my~e ho or Ooret news, I wo w tdehw o ft 00 at Do= ft aah 00Pwm11 at mmy'w Aa, or as widda aim dtyw ewr mo*Aq wripow wain Sae Ib DOM ftft Dtpytmee awdkt dr C* a<DwmOw of dw iM f* of wctw a VMK a" w "Vdaw. I hm mw d" Rkm a w Mdeeadty W* mm am aadwatawl to of is wow, I aawa it vahtrwlb awe wka EWI kttow of w tipd6eaa. ExwuW to *t dwy of . XD, 19 S*Utm wwiaw: ~ or • a w ~.~{4 Yqq I A S £ . F u ;s t i i F'i~.YYi~Vl~7 V411 ~r. MY O! DLNT04 TEXAS MUNICIPAL SUIL DING ► 215 E WK1NNEY • DENTON, TEXAS 76201 (817) 666.6200 • DFW METRO 434.2629 MEMORANDUM DATE: August 9, 1995 TO: Mayor and Members of the City Council FROM; Frank H. Robbins, Director of Planning and Development SUBJECT: Budget Information During the Department's budget presentation on August 8th, you asked for the package overhead and a list of neighborhoods, They are attach M. rank H. Robbins AI FHR:Iah pc: Rick Svehia, Deputy City Manager John Fortune, Finance i i t AXXOMD9 A "Uedleared to Quality Service" _ , rsl 'fi'r _ 1 40 r ~ DEVELOPMENT SERVICES PROPOSED "PACKAGES" FY 1995-9b DIVISION AMOUNT REQUESTED 1 Secretary P&D $11,400 Shared between KDB and (1/2) neighborhoods. 100%- 150% increase in neighborhood activity. Neighborhood Vision. 65% increase in code enforcement. 2 Certified P&D $12,000 Preservation survey, phase Local 2. Travel. Mandated for Government certification, $7,000 Grant reimbursement. 3 2 P&D $1,758 Keeps GIS work stations Uninterrupted running. Power Supplies 1 4 Denton P&D $20,000 $7,500 consultant. $8,000 Development postage, $3,700 supplies, Plan Update $800 travel. r Overtime P&D $600 GIS, P&Z Secretary. 6 Add-A-Stack P&D $388 Less space in City Hall Shelving West office. 7 Replacement BI $32,070 9 14 years/172,875 miles Vehicles (2) • 10 years/blown engine 8 Motorola BI $129347 Can't replace old, no tubes. s Radios no parts. 9 Mileage MS $200 Reimbursement for mileage of Main Street Manager travel. t • x ITr A • NEIGHBORHOOD ASSOCIATIONS +1. NORTH LAKE NEIGHBORHOOD ASSOCIATION (S) 1, ~t Annual meeting - March YMCA 7 P.M. Carolyn Bacon 2304 Parkside Drive Denton, Texas 76207 (817) 382-0839 "2, N.I.C.E. (Neighbors Improving Community Environment) (S) Monthly - Second Monday MLK Center - 6 P.M. Ruby Cole or Betty Kimble P.O. Box 1743 Denton, Texas 76202 (817) 387-7408 +3. INDIAN RIDGE ASSOCIATION (I) (Neighborhood discussing meeting for mid-September) Sidney Braswell (Contact) 1005 Indian Ridge Denton, Texas 76205 (817)383-2166 4. TOWNSHIP II ASSOCIATION (S-) Meet as needed Jim C. Hatch 1304 Fox Hollow Denton, Texas 76205 (817) 565-9813 *5. FORRESTRIDGE HOME OWNERS ASSOCIATION (S) Annual meeting • February 3rd Tuesday 7 P.M. Board meetings monthly Darlene McNatt (Beautification Chair) 42 Timbergreen Circle Denton, Texas 76205 • (817)565-1070 • O Y.~• ,"Fir.; J'`. 1 X~t ' n • of y M1 e *6. sOUTHRIDGz H0103 OWNERS ASSOCIATION (I) No meeting schedule - Mitchell Turner 2118 Stonegate Denton, Texas 76205 (817) 566-3337 *7. XONTECITO HOKE OWNERS ASSOCIATION (I) No meeting schedule Bob Estes 360C :aontecito Denton, Texas 76205 (817) 383.4121 *8. SODTEMONT HONE OWNERS ASSOCIATION (S-) No regular meetings Caroll Goen, Jr. 2904 Pennsylvania Dr. Denton, Texas 76205 (817) 565-9039 9. SOUTHRIDOZ NAST HONE OWNERS ASSOCIATION (S-) Works with COPS program Vince & Becky King 700 LaFayette Drive Denton, Texas 76205 (817) 387-8410 *10. NORTH DENTON CENTER (S-) Quarterly meetings Gene Truss 2300 Denison Denton, Texas 76201 (817) 387-0735 e 11. NORTH CARROLL BOULEVARD NEIOHSORHOOD ASSOCIATION (I) Richard Fletcher (Contact) 1006 Coit St. Denton, Texas 76201 (817) 387-1701 e 12. OWSLEY ASSOCIATION (S-) James McDade 423 S. Bradshaw Denton, Texas 76205 (817) 484-8262 ' P .PLr ~T•~''~♦L?' ; ~ stt~ i y}yy-:, t ~ '`SHt~ t!_ T *}f' Ri 1 M Lr ,i i5 -'S} 6r5? ,fit ' -TI ~±r9 * p,1 r .f\~~ 4AaiF try r~ ~,s~~.' e4. y f r l 13. AVONDALE AREA {I} Yil Ed Soph (Contact) 1620 Victoria Denton, Texas 76201 *14. GREENI/AY CLUB ESTATES (I) No regular meetings John C. Scott 2123 Glen Garden Denton, Texas 76207 (817) 387-0990 *15. LAUREL SILLS ADDITION (S) Annual Meeting - Februray/March Denia 7 P.M. Sharon Dumas 2300 Laurel Denton, Texas 76205 (817)387-9326 *16. WESTGATE (T) As needed Northlakee Center. 7 P.M. Bill Williamson 3321 Westgate Dr. Denton, Texas 76207 817-387-4976 17. DALLAS DR/SHITS/JORNSON/COLLINE (I) Staff driven organization Katherine Sprayberry 418 Smith Denton, Texas 76205 (817) 382-5390 Ange Ayala 3 1208 Johnson Denton, Texas 76205 (817) 565-1886 I *18. DENIA (S) Bi-monthly (January, March, May, July, September, November) Last Monday of month Denia 7 P.M. Lynn Brooks 2314 Mercedes Denton, Texas '75205 (817)387-0122 ext. 596 (817)382-4851 is yy y~r~~. ' Y( 16.., I 11 ~15 I~ .151~Y~ 'f.,M T M~}i.. f9e Y "tie. s< S a ~ ~ fwd % r . ..r cin'... poi. y, .t *14. MBADOWRIDLE (S-) No regular meetings wr,. William McMurty 1212 Meadowridge Denton, Texas 76201 382-1213 *20. NORTH UNIVERSITY PLACE (I) No regular meetings David Thetford 2101 Malone Denton, Texas 76201 382-7200 *21. WESTGATE HEIGHTS (I) No regular meetings Renee Horton 2107 Brookelake Denton, Texas 76207 566-9596 *22, RANCH ESTATES (S) Quarterly meetings Neighborhood home * Jim and Peggy Poirot 3801 Hampton Road Denton, Texas 76201 (817) 387-3759 23. BOLIVAR STREET (I) i Larry Bailey 526 Bolivar Denton, Texas 76201 (817) 566-2202 Myra and Tom Pralle P,O. Box 366 Lake Dallas, Texas 75065 (817) 321-2821 (817) 565-0065 24. LINDSEY AREA (S-) . Meeting with Denia John T. Weber • 1300 Lindsey St. Denton, Texas '16205 (817) 320-1429 r Austin Smith 1305 Lindsey Denton, Texas 76205 C-i;;~~~tl~ (817) 387-8470 I.'.'.i_.-,.. ......~xe~ya.a-.env 4 25. BRITTANY (1) Brian Miller 910 Brittany Denton, Texas 76201 (817) 898-1825 (0) (817) 381-0381 (H) *26, FRY STRBRT/AVS A (I) As needed Wednesday 3:30 P.M. Cindy Lou Dampf 1809 Sena Denton, Texas 76201 (817) 898-8749 * Leonard Wendt Jim's Diner 110 Fry Street Denton, Texas 76201 (817) 382-4442 *27. MONTECIT0 DEL SUR (S-) No regular meetings Bryan & Lois Woods 3821 Montecito Denton, Texas 76205 (817) 898-1612 * Betsy Kenainger 601 Seville Denton, Texas 76205 (817) 387-4980 566-2713 *28. MONTSCITO (SANTA MONICA) (I) j No regular schedule Bill Colville 3010 Santa Monica Denton, Texas 76205 i * Garland and Bobbie Cates 3006 Santa Monica Denton, Texas 76205 Jim and Sue Rogers 3000 Santa Monica Denton, Texas 76205 1 Y1 R Ali ' €3~' W9 F shw yyRR '{k f 44 *29, SUMMWIND (1) ~y ''~!fi; IttO As needed (newly formed) Mary Tunnell 2006 Summerwind Denton, Texas 76201 (817)891-1604 *30. PIN OAK, AUTUMN OAK, MULXZY (I) As needed (newly formed) Francis Latour 1108 Pin Oak Denton, Texas 76201 (817)380-0018 (0) (817)566-1323 (H) *31. KZHDOLPH/UNDS7tWO0D (1) Bill Miller 1200 Kendolph Denton, 'texas 76205 (817)565-2091 * Reply received and contact identified. So STRUCTURE I- INFORMAL STRUCTURE .1 • S `k a i k}1 `~V~. ny~t t 0 ~ i ~ r i , t L ; 5t nr1d f ,3Y~`F}~~ 9Si ,A.:A) T 'tee ..lf CITYOFDBNTON,TEXAS 601 EAST HICKORY STREET • SUITEA • DENTON, TEXAS 78205 • 817.588.8340 MEMORANDUM DATE: August 10, 1995 TO: Jon Fortune, Chief Finance Officer FROM: Tom Klinck, Human Resources Director SUBJECT: Response to City Council Member Question This memo is response to a question asked at the City Council meeting August 8, regarding the Human Resources Budget presentation. We have researched this question and responded below. What would the financial impact be to continue a program similar to the Bummer Youth Program (approximately a ten week program) under the Job Training Partnership Act (JTPA)• if the federal government does not provide funding for the summer program nut year? We have contacted the North Texas Education and Training Co-op Inc., (the local JTPA office), and they have indicated their cost per student is aoaroximatgjy $2.262. This cost includes wages for the student and the administrative casts to operate the program. The City of Denton has typically provided workaites for approximately 40 students each summer. For the City of Denton to j continue the program as in the past, the cost would be as follows: Student pages = $4.25/hour x 40 hours/week x 10 weeks = 0 $1700 x 40 students m $68,000 • Administrative costs (includes student counselling, staff development, marketing, providing training materials, supplies, bonding, etc.) = $562/student x 40 students $22,480 TOTAL COST TO CITY OF DRUTOII 490.480 4r I hope this information is helpful to you. If I can provide you • • further information, please let me know. Tom K1 nc ; 7kdlcated to Quahry Wce" O JJ a.- } .N .r..)a. : : R'.I P.I .r{ iniflYl~y'4M .s..\1;kr,..i:MmFeNa. M YOP DENWN, TEXAS 601 EAST HICKORYSTREET • SUITEA • aEMOM, TEXAS 7&W • 617.5684340 MEMORANDUM DATE: August 10, 1995 TO: Jon Fortune, Chief F_nance Officer FROM: Tom Klinck, Human Resources Director SUBJECT: Response to City council Member Question This memo is response to a question asked at the City Council meeting August 8, regar,iing the Human Resources Budget presentation. We have researched this question and responded below. How many regular full-time employees have left the erganiaation within 30 days over the last year? Three (3) employees have left; one voluntarily and two (2) released. i hope this information is helpful to you. If I can provide you further information, please let me know. ,it - Tom K nc • i ,I d 7 4kdicaied to Quality &wW" < < 'a- e i i 1 ~ 14.E t y ~ 1 t'l } 5. IIRR'' 7 , w • WY OF DENTON, TEXAS 601 EAST HICKORY STREET ~ SUITEA ~ DENTON, TEXAS 76205 ~ 817 566.8340 MEMORANDUM DATE: August 10, 1995 TO: Jon Fortune, Chief Finance Officer FROM: Tor Klinck, Human Resources Director SUBJECT: Response to city Council ilember Question This memo is respons= to a question asked at the City Council meeting August 8, regarding the Human Resources Budget presentation, we have researched thi« question and responded below. How many employees budgeted to work at least 20 hours per week per year do not receive benefits (budgeted temporaries)? The City of Denton has four categories of employment: 1) Regular full-time - approved with the budget each year to be scheduled for forty (40) hours per week and to receive benefits. These positions typically continue year after year. 2) Regular part time - approved with the budget each year to be scheduled at least twenty (20) hours, but less than 1 forty (40) hours per week and to receive benefits. Benefits are assigned according to the number of hours per week the position is budgeted to work (i.e. 20 - 30 hours per weeY would receive half the benefits of a 0 regular full-time employee; 30 - 40 hours per week would receive three quarters of the benefits of a regular full- time employee). These positions typically continue year after year. 3) seasoner - approved with the budget each year to perform specific types of positions for a specific work season (i.e. swimming pool workers, groundskeepers, after school A action site leaders, etc.). The work schedule for these positions vary. Employees in seasonal positions are not eligible for benefits. t . _ Dedicated to Quafity, ek"Ice"' • p • Jon Fortune August 10, 1995 Page 2 4) Temporary - may be approved in order to staff departments for temporary increases in worklcad, to cover duties of a position when turnover occurs ai.d until an authorized position is filled, and to mee* other temporary staffing needs of departments. Temporary positions are assigned a projected ending date, but the needs of the department may be re-evaluated and the ending date extended. A department manager may request funds with the budget to cover the cost of a temporary if they foresee the need will occur during the year. The ending date of a temporary position is left to the discretion of the manager based on departmental needs. An employee in a temporary position does not receive benefits, however, if a regular full-time or regular part-time position became available, the employee would be able to compete for that position. Many times employees accept temporary positions with the City of Denton because they would like the opportunity to "get their foot in the door", or because they would like some flexibility with their work schedule. There is nothing in the policy that requires a department manager to convert a temporary position to a position with benefits. However, based on departmental needs, a manager may request a temporary position be converted to s regular full-time or regular part-time position with benefits as Part of the budget Process- One department has made such a request for the 1995/96 fiscal year. only one other department in the City has a temporary position which works at least twenty (20) hours per week for the entire year. At this time, the department is not planning to convert this position to a regular full-time or regular part-time position. A copy of the policy entitled "Accrual of Benefits" (policy number 107.01) is attached which outlines the benefits provide9 to each • category of employee. I hope this information is helpful to you. If I can provide you further information, please lot me know. Tom K nck ' i attachments ) • O c ( 11 'Awl t#~ :i'w•€+ aq~ 'k S 94 }.Q T2~~yXt y t G CITY OF DENTON DIigCTIV i,i.,., POLICY/ ADMINISTRATIVE ?ROOLDURI/ADMINISTRATIVE SECTION', /'f!a''~'N1711~[II: PERSONNEL/EMPLOYIN RELATIONS wa...w,`? effsrnve R SUBJECT 07/02/85 ACCRUAL OF BENEFITS ~erucEa TITLe. 1476 Rules and ACCRUAL Of SgNHPITB POLICY BTATElOINT: ftployees working lees than 20 hours per week do not accrue aW benefits. Regular part-time employees working at least 20 hours but less than 30 hours per week accrue benefits on a half-time basis; regular part-time employees regularly working at least 30 hours but lees than 40 hours per week accrue benefits on a 3/E time basis; and regular employees working full time shall accrue benefits on a full basis, Regular part-time employees will not accrue the following benefits: a. Long-term Disability b. Longevity Pay e. Tuition Reimbursement d. Bonus Time To be eligible for these benefits, you must be a regular full-time employee. Temporary and seasonal employees do not accrue benefits. • • o506a 08/23/85 , r; `p i i` i t. / i 1 1~ ~}va~t~y } t r 41 • • / LAD CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. MCKINNEY a DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM DATE; August 10, 1995 TO, Honorable Mayor and Members of the City Council FROM: Harlan L. Jefferson, Director of Fiscal Operations/ SUBJECT: RESPONSE TO COUNCIL'S QUESTIONS REGARDING VEHICLES/EQUIPMENT During the August 8, 1995 Budget Worksesslon, three questions were asked concerning vehicles and equipment. The first request was for a list of the proposed vehicles and equipment to be purchased during the 1996.96 fiscal year. Please find attached a list of equipment by depart ment1division. For units with motor pool replacement funds, the list identifies the amount of accumulated motor pool funds available, the estimated coat, and the additional capital dollars needed. The list also identifies the estimated cost of the units to be purchased under the internal financing program. I The second question dealt with the length of the financing terms for various vehicles and equipment. In general, a vehicle may be financed for a three year minimum period to a maximum ten year period depending on the type of vehicle and its Intended use. Police patrol units are financed for a three year period; however, the majority of our other vehicles are financed for a five year period, unless it is a major capital expenditure with an estimated life beyond 10 years. With regard to the latter situation, vehicles with such extended life estimates are financed for 10 years. Fire engines fall Into this category as well as some of the heavy equipment at the landfill, • The final question dealt with the maintenance on our vehicles and equipment. The Ilferto-date maintenance cost on all of our vehicles and equipment is $7,143,631. This cost represents 44% of the original purchase price of our fleet. The maintenance coat for the firat ten months of the current fiscal year was $1,168,742.93 (i.e., Labor-$280,868.41, Parts • $529,961.51, Sublets - 9367,936.01E If you have any additional questions or concerns, please do not hesitate to contact me. xJ 0 AtWW"nt AFFOOF1A "Dedicated to Quality Service" t 'd3i w EXPLANATION OF MOTOR POOL FINANCING ME'T'HODOLOGY 1 would lire to briefly explain the Motor Pool financing procedures and the attached document. As you are aware, the Motor Pool has been established to provide finding for the timely replacement of vehicles and equipment. We currently utilize two methods to accomplish this goal. The first is to require departments and divisions to contribute funds into Motor Pool to replace various units In the Nture. These funds are used to replace a vehicle once it is no longer coat effective to operate. The internal financing program is the second method we use to replace vehicles and equipment. This method uses reserves in the Motor Pool Fund to purchase units during the current fiscal year. The estimated cost column, that appears on the attachment, represents what we expect to pay for the vehicles and equipment identified on the report, The accanu koed motor pool,/wuls column contain the funds that are available In Motor Pool that can be used to purchase the specific units identified. The capital dollars needed column represent the difference between the estimated cost of the units and the accumulated Motor Pool finds. Tbeoretically, when vehicles and equipment am funded through the Motor Pool replacement method, the departments and divisions have to provide the capital dollars needed to replace their units. Occasionally, extenuating circumstances may justify using interest income in tba Motor Pool Fund to cover the capita requirements. The units that will be purchased under the internal f rAncing program are listed under the internalJlnancing dollars needed column. DurinS the 1993/95 fiscal year, the operating funds (i.e„ Electric Fund, Water Fund, Wastewater Fund, Solid Waste Fund, and General Fund) will provide the resources in the capital dollars needed column and the 1996 annual payment column. The 1996 annual payment column represent the mondrly payer to reimburse the Motor Pool Fund. The amount of capital that the General Fund would have to provide is $129,005 and the annual payment amount is $159,992, • aFraoale I i ra a 1 • , n • -.1~ S y 1 , y x " gN'.. > iA) yAfF ? ~'`4 p'r y~ ,y P t i 1M,a ~t► r i ~ ,Fr,`.l~':'~;:x;r.,:ywarev,.,N,ar.war:vi:ro~.r.:".~n:mn~~~nw:.;:qan:rs..~a!wvxur...eswluN+WCe1t(.taeMh"d!tA✓•i+MRiYM:MeY.bt+Jet'tYllw~eerm>rcuurc+enrta+vwe;*AD.tM'fY8rri k21'1.fH371`h:tl~UiMbVI1NP~%MNMPN, MOTOR POOL REQUIREMENT FOR '96 BUDGET YEAR Aeem~ttlmW I*Wlw e90i BnJmt4ud 11oka taol Ca►MU P1m6maks 1,6515+ M. N CAN I Mae" X"Amd Fm a13P HLHCI7kIC DHPARTKHNT }201 112 Ton Pickup S1530) TO 515300 SO 6 5055 3201 314 Ton Pickup 0,300 15,990 0 0 6 11135 3206 314 Ton Pickup 13,500 10,464 5.036 0 6 11735 5211 Service Ducket-1InTorAC 63,000 43,077 21,923 0 6 7,362 3220 Service Bucket - 1112 Tolt1CC 63,000 65,000 0 0 6 7,362 5236 Rockhoe 40000 28,733 11,245 0 6 4530 5236 12 yd Dump Truck 53,000 64,153 0 0 6 6,228 3256 U(3'Duck - Von Type 65,000 18,307 46,693 0 6 7,362 3268 Dump Truck - 1; ! J 53,000 0 55,400 0 6 6,228 3407 1/2 Ton Pickup 15,000 1031 3,449 0 6 14" 4150 1/2 T'on Pickup 14,000 10,464 3 i36 0 6 1390 3403 314 Ton Pickup 13300 17,389 0 0 6 1735 5303 314'ronPickup 16,200 16,174 26 0 6 1A34 TOTAL HI.HC 11C DHPT. 5452,200 $301,324 1162,401 10 $51,214 TVA"M DHPARTHRNT 1 6161 12 Yd. Dump Truck 153000 $37,937 $17A63 50 6 $6,228 i 6120 1 Ton - (7C With Unit Body 31,000 18,457 12343 0 6 3310 6103 1/2 Ton Pickup 13,500 8564 6,936 0 6 1,753 61ou Crown Victoria Sedan Car 1100 0 1,300 0 6 1300 6115 1 Ton Truck - CIC Wilh Unit Body 31,000 8,680 22,360 0 6 3.110 6165 Beckhoe 65,000 60,123 4,477 0 6 7,760 6107 112 The Pickup I ti 100 8,564 6,936 0 6 1.735 5205 I Ton Truck - CYC With Unit Body 31,000 ISA35 12142 0 6 V,, « 6204 I/2 Ton Pickup 15,400 6,700 6,700 0 6 1'~1,691f.; TOTAL WATTIR DHPT. 5260.300 $169,453 191,017 50 570.526: , I U Aug- 95 AI P(H)IA ji PW I ~ :e:':•: '"'"^cn . .;....~.,,,..r.'mnx ie ah:*a,N'.YYN•h.)xWri rwt~aww'wY~ev.w,h„naa.w.,`.S•.«wWa.n.w.d•~xsMAne.Prvr.wMirnK•1..:.^lkti lbA NSX>:•YrJ1,. ...I,t MOTOR POOL REQUIREMENT FOR '96 BUDGET YEAR Aeett~~latM low" 11116 Hatimm ted mow Paul coo., I'w"waj 8lortie Aurl DHP F WASTHWATHR DHPARTYHNT imm. 12 Yd, Dump Truck $56,000 s0 336,000 110 7 $6M 7003 112 Trm Pickup 11,000 8,988 5,012 0 6 1,850 7103 3/4 Ton Pickup 21,000 11,284 9,7t6 0 6 2378 6162 SR 60Trackhoe 82DW 29,671 52329 0 6 9183 7124 FluakingrVacuum Truck 180,00(1 0 0 180A00 6 21,783 MTAL WAnTHWATHR DHPT. $333,000 $0,943 $123,057 3180,000 341,9 DRAI NA OH DIVISION 2797 Tractor - Mowing Unk $43,000 s0 s0 S43AM 4.5 $4,000 2795 Gradall MA00 69,246 15,754 0 3 8375 2701 Pickup - rr -Crew Cab 30,000 0 0 30M 5 2,916 ~ 2890 Sweeper 145,000 0 0 145,000 5 14,303 TOTAL DRAINAOE DIV. $303,000 30,246 $15,754 $218,000 $29,396 jt SOLID WASTE DEPARTMHNT 7 1867 25 Yd.RefuseTuck $90,000 $0 110 390,000 6 $16,866 J 2126 Forklift 50006 16,282 0 13,118 6 6318 2012 Refuw ruck - From loader 116,500 0 0 116,300 6 21,840 1970 314 Ton 4x4 Pickup 1600 0 16,000 0 6 1,812 1967 623 Scraper 260000 0 0 260,000 7 36,712 1999 Tub Orinder 400000 0 0 400,000 9 34,462 Compaceor/Dumpsler Receptacle 20,000 0 0 20,000 12 Beier 50,000 0 0 30000 9 TOTAL SOLID WASTE DHPT. $1,002,500 $16,282 $16,000 3970121$ 33/,SRS,.,', FIRE DEPARTMENT Medk-4 Squad f1/3,000 s0 f0 (1/3,000 6 TOTAL FIR E DEPT. 5143 000 30 143 000 7 , 10-Au --95/M P001A 8 page2 9'{ v.-+'.i , ' o. ,y, w;.';..>, , r'...q.:... p., +,...:.wv,.uMp.. ,•a+.,v w. ,ar<n ura. ,ar'wr.Ne.•IIa RYGM!M1MR-IMY.W~SIYM1Y'U/~1~i~91~'6~1MMhOle.VPMf1'MNMNIMOSfKtt1N1l44 NYVRtR1M~IfKiN'YIFMM{aYVYfYd!WP41eL(19NNh). MOTOR POOL REQUIREMENT FOR '96 BUDGET YEAR AtwtawlaW taarW 1991 18600 MW w6loe Poet Call" PIrWrs lloatlr As"W D POUCH DHPARTNHNT 261 Motorcycle' 1o 10 30 30 3 $1,182 260 Motorcycle' 0 0 0 0 3 1,182 9239 Muked Vehkk 16,000 0 0 16,000 6 3,000 9240 Marked Vehicle 16,000 0 0 564100 6 3,000 9241 Marked Vehicle 16,000 0 0 16,000 6 31000 9242 Marked Vehicle 16,000 0 0 16,000 6 3,000 9245 MukcdVehkk 16,000 0 0 16,000 6 3,000 9246 Marked Vehicle 16,000 0 0 16,000 6 3.000 9147 Marked Vehicle 16,000 0 0 16,000 6 3,000 9248 Marked Vehicle I6,000 0 0 16,000 6 31OW 9022 Muked Vehicle 16,000 0 0 16,000 6 3,000 9023 Marked Vehicle 16,000 0 0 16A00 6 3M 55 Admin. Vehicle 15,000 10.137 4,243 0 6 1,704 271 Admin. Vehicle 15,0110 91105 5,895 0 b 1,704 273 Admin. Vehicle 15,000 0 0 15,000 6 2,190 245 Admin. Vehicle 15,000 0 0 15,000 6 2,190 i 'TOTAL POLICH DEPT. 1220,000 119,162 $10,138 1119000 140,112 PUBLIC WORKS DBPARTURW 1165 V2 Ton Pickup 114PW 16,623 15317 10 6 11584 1170 1/2'fonPiekup 14AM 10% 0 0 6 1,594 3140 1 Ton - Service-Truck-Bucket 53,000 0 0 53AV 6 6,420 3100 314 Ton Pickup 30,000 9,146 0 21,454 5 2,M9 2860 Roller 10M 22547 0 77,453 6 - 9.003. 2635 1 Ton - CCYWith Patching Unit 30,000 38,605 0 0 b 1120 1 T'on - CYC Super Duty/Dump Bady 30.000 8,623 0 21,377 6 1 3,6 3 ,t 2640 2 Ton - Patching Body Flat Bed 37100 0 0 37100 6 1 4,5116 TOTAL. PUBLIC WORKS DHPT. 1308,300 31011610 15,377 1210,784 r~ 10- A ug- 91 /MP(X)IA PW 3 0 e j,• ~ w I , • r 1'.'?.'S; ~e+.~~..T'rl'J?AO.'!"6:.CIAt:.ti+nY5ximNTW!r'>YV✓1svx~.GAO-'ule.<^<r,«~•.War,.M~"rnwry~..v.un.«.a.n:.Ni-e,n..a«amw>iwrtws,csM<.Y~+~wr..Hwe,«i s wr,a,nr•wi«..-nr,w.r«rnv..rrxn aww!.ma!,M•.~,w~,«».vsf, Ml+'liM MOTOR POOL REQUIREMENT FOR '96 BUDGET YEAR Aoettaalah/sd SrNtau>E 199t 64tills"0111 mull" Pam C&OW Memllka Autull PPAW= ""41011 $0111111100104 11'"0011111 FACILITIES MANAOBMBNT DIVISION 4110 314 Ton Pickup $13,000 58,479 $6321 50 6 SIA" TOTAL FACIU71RS MGMT DIV. $13,000 $8,479 $6,521 10 11,691 BUIIDIING INSPECTION DIVISION 1185 1/2 Ton Pickup $14,000 10 114,000 $0 6 $1,383 3085 112 Ton Pickup 14,000 0 149M 0 6 1,385 TOTAL. BUILDING INSPECTION DIV. $26,000 $0 $28,000 $0 $3,170 ANIMAL CONTROL DIVISION 95 34 Ton 4x4 Pickup $19,500 $9.84 110,116 $0 6 12178 TOTAL ANIMAL CONTROL DIV. $19«500 $94114 1101116 50 12,371 PARKS t RHC. DEPARTMENT 3522 I5 Paaenser Van 122,000 50 $0 $22,000 6 52.80 ' 3690 Backhoe 41900 0 0 41,000 6 4,813 3600 3/4 Ton Pickup 14100 0 14,300 0 6 l k" 3730 Riding Mower 11100 6,700 41600 0 6 1.440 . 3780 RldingMower 1000 6,701 4,799 0 6 1,440 3670 314 Ton Pickup 14,500 0 14.400 0 6 1444 31,10 Riding Mower 48,000 0 0 Am 6 3,635 36M Molt Oars Plall Mower 48,000 0 0 48,000 6 5,635 3590 314 Ton Pickup 11.500 0 14,100 0 6 3791 7r MowingPquip. 9.000 91009 0 0 6 110Q' • 3792 77 Mowing Equip. 9,000 9,009 0 0 6 1.00,. 3793 72' Mowing Equip. 9,000 9,009 0 0 6 f 11Q0~ TOTAL PARIS t 1111I3C. DHPT. $232,500 $0,428 153,099 $159,000 104 TOTAL ALLDBPARTMBNT3 53,339,700 5766,071 191,347 $210'23,002 t 'Continuation olexisti lease program 10-Aug-0IMPOCLA P4e4 l < 4i w (ar H p , . r, y: i -kin w f h • 1 rr r:b.'pva. •r e. x.>•..rW wh. nlG 1.. ~ 1t .f`\w~1wl..n Irr...n.~y cffy of DeNrog rIx" MUNICIPAL 8UILDINU 215 E. MCKINNEY • DENTOA TEXAS 78201 (817) 58"200 • DFW METRO 431.2828 MEMORANDUM t TO: Honorable Mayor and Members of City Council FROM: Ion Fortune, Chief Finance Officer DATE, August 11, 1993 SUBJECT: RESPONSES TO QUESTIONS FROM COUNCIL Please find attached a response from Bob Nelson, Executive Director of Utilities, addressing the cost of painting a water tower. I hope this information is helpful. Please advise if you need additional information. Thatdc You. IF:W AFTWIF l VedlcaW to QmWity Sr"4v" „ • . . . . , • ~ J; kA j~JA t1't i~Sr`~,5i y"~ L~r l'~''r~kr~,17, ~ .a` xs; f Y F • F uch would 1t coet~b`' What Is the cost to paint the "High School water lank and how m continue with some type of special paint design on the lank? The estimated cost to remove the exterior paint from the tank, including the "lead" based primer paint, and repaint the tank in one solid color is 5600,000. By the and of fiscal year 1995, $350,000 will have been set aside in a special tank painting fund. In 1996, an additional $t00,000 has been budgeted. If an additional $100,000 is budgeted in 1997 and 1998, the tank can be painted in the fall of 1999. Two years ago the Council recommended that the tank be painted one solid color rather than the unique paint design now on the tank. The dual color painting scheme would cost possibly an additional $90,000 (15%). If a dual color scheme is of interest, the staff could present the options at a work session in 1996, • i e t t <yrr F u :ate N VIM aC--yf " ' i u ?`„t h a , ..C • nrqJ, QITY Of DINTON, TEXAS MUNICIPAL BUILDING • 215 E MCK/NNEY • DENTON, TEXAS 76201 (817) 566-8200 0 DFW METRO 434•2528 MEMORANDUM DATE: August 10, 1995 TO: Mayor and Members of the City Council FROM: Frank H. Robbins, Director of Planning and Development SUBJECT: IMPACT FEES Attached is a paper concerning impact fees. Council approved the budget for an impact frs consultant in 1944 for this fiscal year, As we have been reporting to Council, further Council consideration and hiring an impact fee consultant was put in abeyance as this Issue was discussed in the Vision Project. One of the Vision action teams has reported favorably to the Vision Cabinet on their adoption. Staff anticipates presetting an impact fee consultant contract to the Council in September and anticipates further review with the consultant and Council in the fall before beginning the formal process of adopting impact fees. Approval of the contract would carry over to next fiscal year the approved funding for the impact fee consultant and enable further study as to whether impact fees in their various forms should be adopted in the rear future. We have many documents related to impact fees including other cities' studies, published reports of the issues, and the state law. Please contact me 1C you have any questions (566-83.'0). / Frank ff. bins, P • FHRaah ' • • AXX(YjSDB "Dedicated to Quali{v Sen-ice" • , . . • , k ''fit'' ~ ~X'~ ~ • a • IMPACT FEES Philosophy and State Law Impact fees are imposed as a condition of development approval (regulation not taxation). A developer or builder pays for the expected off site improvements necessary to support a new development. Chapter 395 of the Local Government Code, the state law that governs impact fees, defines an impact fee as follows: (4) 'impact fee' meats a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the cons of capital Improvements or facility expansions txcessiwed by and attributable to the new development, The term Includes amortized eharga, lump-sum charges, capital recovery fees, cuntribuiions In aid of construction, and any other fee that funnioms as described by this definition. The term does not include; (A) dedication of land for public parks or payment in lieu of the dedication to serve park needs; A dedication of rights-of-way or auements or oonstruction or dedication of on-site water distribution, wastewater collation or dminage facilities, or strew, sidewalks, or curbs If the dedication or comtrtretion Is required by a valid ordinanoe and is necessitated by and attributable to the new development or (C) lot or rcreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer maim or lines. Capital improvements, for which an impact fee may be levied according to Chapter 395, Local Government Code, are: (I) 'Capital improvement" means any of the following facilities thss have a life expectancy of three or more years and are owned mW opetsted by or on behalf of a political subdivision, (A) water supply, treatment, and distribution facilities; wastewater collation and treatment facilities; and storm water, drainage, and flood control facilities; whether or not they are located within the service ara; and (B) roadway facilities. Impact fees for roadway facilities may not be charged: (1) in a city's ETJ; (2) for streets smaller • than a collector street; or (3) on the federal or Texas highway system. Impact fees against development in the ETJ for improvement other than roadways may be collected. • History In Denton r • Impact fees or capital recovery fees have been considered in Denton before. They were investigated from 1984 to 1987, but not adopted. A Capital Recover Fee Citizens Committee was formed in 1986. A major engineering firm was commissioned to work with the Committee and made its report in 1987, The 1987 report recommended "investigating possible use of j w' A V V r X 11 • • 1 I Impact Fees _ Page 2 assessments", noted that capital recovery fees were feasible, but recommended postponing development of the fees pending proposed state legislation. No fee development program was commissioned. An employee impact fee task force worked from August 1989 to January 1990. See enclosure 3, Chronology. Some IMPAC Fee Beoeflts As growth here continues at a more rapid pace, the need for new utility, drainage, and road improvements will be more keenly felt. If new infrastructure is to be built to support new development, there will be a concurrent need to fund them. Currently, without impact fees, the costs of such infrastructure improvements are borne by tax and rate payers. Examples of such improvements include the expansion of our water and wastewater treatment plants and associated mains, and road improvements such as Ryan Road, Bonnie Brae, and Payne Drive. Impact fees could provide cash for such improvements, help finance such improvements, and help maintain our competitive tax and utility rates. Impact fees could also provide a mechanism for subdivision perimeter infrastructure, such as adjoining sidewalk, street, and utilities which are now required to be built, but which would not conne:t at the time of construction to an adjoining walk, street, or line, to be built later in a more functional link. The Impact Fee Adoration Process First adopted in 1987, amended and codified in 1989, Texas impact fee law (Chapter 395, LGC) requires a rigorous analysis of the bases for the fee, a detailed process for adoption of and amendments to the fee, and methods of accountability. A flow chart of major elements and the process is enclosure 1, Other's • Enclosure 2 is a summary of the cities we surveyed for the vision project concerning their impact fees, Only three of the 14 cities do not have impact fees, Most cities use consultants to help in adopting the impact fee ordinance. Impact fie analysis is time consuming and technically exacting. The process is complicated and detailed. Use of experienced consultants was recommended and approved in 19%. AXX078D9 i • 1 O • t., L'NL:LuSUR6 1 FMK m AMMON or rrct ~ Adel r memo WWYE rf in Pow r flOommo;AIM woomm. err I►r r.Ifl wooldo W WAS"amrr. WrwWlY.rllwrlrrr~lr,frf AwM PrOI Mr'{. f" r1mproo low. DIY be ow Prr rrw.+rMawr maw" r lyd r """Plow ■aw Ca11Yr V W f~~ plow ~M. Np . afrrr M~Kr W M aA/1r cr r rr.101. f..~ aer w......rr..Mw ' rNfw widen bwmsl ump whom! mumm" 40 k Nft Nrlq r ar1Yr A r rPr r hwrl P► NrrWrrPrlrr Wrt 11Y. a rw rwrr nllr wome Owosso 14naaa~ PIMe Iwq w C7 r Re W raw. brrr CIP r mom ow • j 'ctm Mar l ~J 1 Woya,M "m"of CIP • W 0. 4fI r ~'ro+1e'°"^w~ • Oaf aW m PAZ cmN be aPPmw Me advwq COMISA 1f. Of a W"tW Mai M CanrNWaud +~N cOMrlfre. ap% of Who r ~ hVt n M IW w raPfleMMwfe Of ON ON &AN IIwlKpI 60 dad rllu" 4kvt"m M WAWA It wp"m "KC Pft0d [aari PI'w1w r" kTd. f1 W" roprewmkive .y6MeI e.M 1 ,rn • r ENCLOSURE 2 CHART 1: IMPACT FEE SURVEY OWRVIEW City AUMW lAN WNW ¢airae ail Ilt~wtlc !4a Tldil Arlington Yes ✓ ✓ ✓ Prior to Issuance of Building Permit Carrollton Yes ✓ ! Prior to Issuance of Building Permit Coppeil Yes ✓ ✓ • Prior to Recording of Find Plat Dallas NO Flower Mound Yes ✓ ✓ + Prior to Issuance of Building Permit Fort Worth Yes ✓ ✓ Prior to (nuance of Building Permit Frisco Yes ✓ ✓ ✓ When Find Plat Is Filed oatnesville No IyOtI irapevine Yes ✓ ✓ Prior to Issuance of Building Permit itghland Village Yes ✓ ✓ With Final Plat I(Oicr Yes ✓ ✓ ! Prior to Issuance of Building Permh t.Cw15Vllle Yes ✓ ✓ Prior to Issuatke of Building Permit • McKinney Yes ✓ ✓ Kor to Issuatsoe of Building Permit Prior to Piling Find Plat Piano Yes I/ ! Prior to Approval of Engineering Plans 5 u t, F • b > `ti ~ • Now being studied. i j Y • _ a • CHART II: IMPACT FEES ASSESSED , c 0l~. .3"~P 1~y g r a -yyr n 8 +.w ~.{*gt f^, ' ry/~e,~ sv1 ¢ •,jrr a A E i3t2 E A }S v`a E.t9fv i`~' t, (~,yy /~~y ~~~QQ Y E <p BI V Arlington FttridcnHall ReddaMhdn IlrklaaUat 1383 Multiplied by E.S.U.' 015 Maltiplied by a S.U.' $14111 Per S.U } ? 7 T Non-Residential: Nor-Rs W IWn Nan-Raddaalla1 $675 Multiplied by E.S.U.' $557 Multiplied by B.S.U.' $4891 Per S.W Carrollton Bane Rate Charted Par Beat Rate CkwVd Per 3 Acre: Acrer Low Demity $920 tow Density $310 t maum Density $1,160 Medium Density $390 High lenity $3,190 33A High Dwdky $1,070 33% ~Low Intensity Office $2,830 Low kdaaky Office $950 Medium Intensity Offke$1,420 Medium Inteadty Offlo61,480 High Intelmwry Offkx $5,580 High Intensity Office $1,870 ( otrurncre-W $580 Commen'lial $190 A 4 7 n ' ] 'a ~K' i £ 1 indusirfat $1,020 Industrial $110 iv coprOl Water: City Custorneru $650 Multiplied by E.S.U.' Domaticr $430 Per S.U.1 s Ore Semi" Meter Only: Combination nr*Domeslk: $1,625 Muhiplied by E.S.U.' $150 multiplied by number of E.S.U.s' far domeek; meter Combination F7re/Domeslk: size $1,625 plus $650 muhiplked 7 7 d! , Ad { by number of E,S.Us' for M.U.D, Cumomersn ' tkm"ic meter sin BomWics $225 Per S.U, a Combination F1relDon»stkl rE $225 mukiplWd p by nuubbayofE.SS..U.s'Jf_o_r Y domestic nRIP sine ( > [ N b • , l 1 (Z' V • • Daum Z Flower Mount p ? 7 I m P I p1 I 1 11 t► r , r ,....-.r. r..; .,".,r u. .u n,!: r, u, r,.w[nvrw.pk@;.1l.'r..mn~rY:>}•.nr!vr. ,.riv-.H, s..r,kf d`~xaf:•f,>r, aw q...pnyygsY r. Vii: ;.rn ,nS•. I 1 ci r a Port worth 5336 Mold W by E.S.U.' 40% SSe0.20 M.kww by B.S.U.' 60% Frisco $3,175, Prr S.U! 67% $3,175a Per S.W 67% $4,436 Per S.U} 67% Og~A1sIMb , OraKA&-, $392 Mukfplbd try E.S,U.' 67% $746 MWdpdetl by E.S.U' 67% Highhmd Village $3,333' M%k1q: d by E.S.U.' 7 $3,333' Multiplied by B.S.U.' 7 Keller $1,123 Multiplied by E.S.U.' 50% $730 Multiplied by E.S.U.' 30% 51,300 Per S.U} 7 Lewu-vilk $761 Muklpded by E.S.U.' Amud bxfMe $934 Mukiplled by E.S.U.' AamW hoots " a to Reads 100% to Rack 100% in 9 Yan In 9 Yew _ . r McKinney &F„ $500 SF,t 5300 ' ''~4 M.F.: 5100 Per Unit i N (seperre mews) $100 A r Unk < < „v ra z na (xpbve MOM) $260 Per Unit i? (single meter) $260 Per Unlt W r7 ors F sr ; aFr < 7 (single meta) Commereld(Ketdl: $ I,000 Commerdol/ letali: $1,000 2~ra j , c a"* ~xa ` industrials 5500 (single meter) indurrish $300 (single meta) 51,000 (mukipk meters) r 51,000 (nmkiple ff4c l i i .F.-... _ ......«.w +rv r•. u. r:wgvb::RTKwwuu -gw.r..non.nwu..~umrr.mma+.n.Mew✓.r.wWMpv.rW.aMf4~rYw-w+M,MNMIb 1n` t v~7 t h R're, r y.~,~ e p e iT0 ~ u R z , r • PIM sd flak by Mow 6bm td Raft by MdW flu ,73' Meter 532111 .73' Meier $470 1' Mder St9t 1" Merer 3799 1.3' Meta $2,112 1.3" Meta S1,tt0 ~R 2' Meta 32,79! 30% Y Meta $2,491 3' Meta $3,650 r mow 53,029 4' Meta $8,812 4" Mew $7,149 6' Meta 317,312 6' Maa $13,631 t" Meta 321,142 f Meter $2SA31 IT Meta $40,4% 10' Meta $36,049 Wmer and wastewater fees uombbted. Equivalent sm;ce unit mulliplier based on meta sire. t Fee chu; vl per sae of developlncM. 3 flats fees vary per land use, Shown fee is avenge of all base lees. • • t ~ u i ~ >y • • ~i l.! h :'f ft 7r~itil4t,.f i4 tt•yi"''} K;j{ i I Enclosure 3 CITY OF DENTON DVACT FEE CONSIDERATIONS CHRONOLOGY OF ACTIVITIES October 1, 1984 PUB agenda item, capital recovery fee analysis continues, January 8, 1985 Council considers PUB resolution proposing capital recovery fees. Council asks for additional information. February 19, 1905 Ordinance No. 85-40; Pro-Rata Charge in lieu of line extension for single family residences. June, 1985 Water/Sewer Line Extension Policy, Pro-Rata relmbursement for City extended lines, September 16, 1986 Council updated on fee analysis process and recommend- od hiring a consultant, May, 1987 Report on Capital Recovery Fee Feasibility; prepared by Camp Dresser A McKee Inc, as directed by Capital Recovery Fee Citizen's Committee. 1987 Impact Fee Legislation Introduced in State Legislature (Jack Renfro of CDM helped author legislation). June 28, 1987 Senate Bill (S,B.) No. 336 signed by governor, May, 1989 House Bill (H,B.) No. 1786 amends Impact Fee Legisla- tion adding clarity, flexibility and supposedly user friendliness. August, 1989 Employee Task Force established to study legislation. January, 1990 Final Task Force mating. March, 1994 Citv Council briefing on impact fees. Council directs that further study should be done, September, 1994 Consultant budget approved. October, 1994 to January, 1995 Staff consults with other metroplex cities. ax MVIR r i 1 i • 4 • t /r r 1 r 1 r I I I • Lm EE I 1 1I i i _ r