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05-01-1990
I 1 .ti 1 i IGENDA CITY OFfON CITY COUNCIL 1, 1990 Work Session of the City)enton City Council on Tuesday, May 1, 1990- at 5:15 p,m. in Civil Defense Room of City Hail, 215 E. McKinney, Dentonixas at which the following items will be considered: :15 P.M. 1. Executive sessio A. Legal Math Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considtction in In Re_ F)oW. B. Real Estat-- Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel,/,,d Appointments Under Sec. 2(g), Art 6252 17A.T.S. 1. Cons id appointments to the Transportation Commib. 2• Discussion of d recommendation for expenditure of 1990 allocation, 3• Briefing regardithe Food Lion process. 4. Briefing regardirecycling activities. Regular Meeting of the ty of Denton City Council on Tuesday, ~J May 1, 1990, it 7:00 p.m.n the Council Chambers of City Nall, s15 E. McKinney, DentorTexas at which the following Items will be considered: 7:00 p.m. 1. Consider approL of the minutes of the Regular Sessions of Mar 12, 1990, March 20, 1990 and April 3, 1990 and theoint session of April 12, 1990. 2. Presentation b,Paul Richards of signatures 'from individuals utng the City Council to consider curb-side pick-iof recyclable materials. 3• Public Hearings A. Bold a putte hearing regarding revisions to the bo+.indariesf Denton Enterprise Zone I1. 1 f } . t City of Denton City Council Agenda may 1. 1990 Page 2 4. 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. 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 item 6.A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: 1. Bid #1093 - Padmounted Switchgear Assemblies 2. Bid #1100 - Pavement Markers B. Tax Refunds 1. Consider approval of a tax refund for Colonial S 6 L for $679.04. 2. Consider approval of a tax refund for Denton Federal S 6 L for $503.83. 3. Consider approval of a tax refund for victor Equipment for $4,725.70. C. Plats 1. Consider approval of the preliminary plat of pecan Creek Water Waste Reclamation Plant Addition. Lot 1. Block 1. (The Planning and Zoning Commission recommends approval). 5. Resolutions A. Consider approval of a resolution appointing Robin A. Ramsay and Don R. Windle as Assistant City Judges. r j City of Denton City Council Agenda } May 1, 1990 Page 3 B. Consider approval of a resolution adopting the proposed Denton Policy Statement on Tax Abatement. C. Consider approval of a resolution approving the funding of plan water and sewer lines to serve property to be developed by rood Lion, inc. in accordancr,, with the approved guidelines for fur0 ing and selecting development plan water and sewer lines; and providing for the waiver of pro rata charges. (The Public Utilities Board and the Planning and Zoning commission recommend approval). 6. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (5.A.1. - Bid 01093; 5.A.2. - Bid 01100) i S. Consider adoption of an ordinance establishing an enterprise zone (Enterprise Zone 1) within the limits of the city of Denton and the extraterritorial jurisdiction of the City. C. Consider adoption of an ordinance establishing an enterprise zone (Enterprise Zone 11) within the limits of the City of Denton and the extraterritorial jurisdiction of the City. 7. Consider appointments to the Tax Abatement committee. 8. Consider appointment of a North Central Texas Council of Governments voting delegate. 9. Consider a nomination to the North Central Texas Council of Governments Executive Board. 10. Miscellaneous matters from the City Manager. 11. Official Action on Executive Session Items: A. Legal Matters B. Real. Estate C. Personnel D. Board Appointments 12. New Business: This item provides a section for Council Members to suggest items for future agendas. I I~ 1 f I l 1 i C f Council Agenda City of Denton City may 1. 1990 page 4 13. Executive session: Art. 6252-17 ! A Legal Matters Under Sec. 2(e)~ V.A.T.S. Sec. 2(f Act. 6252-17 B. Real Estate - Under V.A.T.S. _ Under sec. 2(g)- C personnel/Board Ap4ointments Art 6252-17 V.A.T.S. ADJOURN INTO CITY COUNCIL RESERVES 'CN~G ANYITITEM FOR WHICH IT EE CUTIVET SESSION AT ANY TIME REGARDI IS LEGALLY PERMISSIBLE. i C E R T I F I C A T E sted the above notice of meeting was po on the Hall of the City of Denton, Texas, I certify that o~clock bulletin board at dy the o iy 1990 at on the (a.m.) (P.m.) -------C1-Ty SECRETARY 3257C I I I Y k r [ !I 1 l V .1 sl 1y City o[ Donlon city council Agenda may 1, 1990 Pago 4 1 t 13. Executive Session: ! A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. [teal Estate Under Sec. 2(f Att. 6252-17 V.A.T.S.~ C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. I ~ . C E R T I F I C A T E I certify that the above notice of meeting was posted ~n the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1990 at o'clock (a.m.) (p.n.) CITY SECRETARY 3257C i 1 I CITE' -f++4 COUNCIL. t i 77 l1 _ p c i0 #t a w.+l++s Op o Y S c ~7- 1_ ttttl f 1 t I L 11 15Y 1 4 DATE: 5/01/90 QTY COUNCIL REPC4@J FOR MAT S' ' kY TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager Q SUBJ: Discussion of CDBG Committee Recommendation for Expen- diture of 1990 Allocation. U!9~4EKAT L4ti (See Attached) +i + I BACKGROUN0: During the months of February and March the CDBG committee advertised the availability of funds and solicited requests for projects. They also sought input from the citizenry regarding how the funds should be spent through a series of public hearings. Individuals/organizations interested in requesting funds submitted proposals to the committee. LUMMARY: On April 16th COBG committee members voted to recommend to Council funding for housing rehabilitation, urban homesteading, an afterschool program at MLK, the Police Athletic League and the Denton County Pre- natal Clinic. i The City's Demolition Program currently has a balance of $ 22,890.09 in funding allocated in prior years. During the past year $ 11,000 has been I spent. The COBG Committee requested that these funds \ be exhausted before additional allocations are made. PP,^iRAMt DEPA_RTMEN 3_9Q_GRQUP A F _Q_11D_L The Community Development Office will administer the allocation of funding for each project/program. The Afterschoul program will be a joint effort between the Community Development Office and the Parks and Recreation Department. The Urban Homesteading Program will request participation from the Denton County Housing Finance Corporation in order to convey properties to eligible homesteaders. The Housing Finance Corporation has been approached concerning their participation in the program. They seemed optimistic and have requested additional information. t I r r f=ISC~ 1 L IMpgCT: 1 There wi11 be no inroac.t cn the yerieraI fund. 4,f uls 1tte FSarrell Prepared by: City Manager Barbara Ross Comrr,unity Development Coordinator Approved: rank Robins 44ICp Executive Director for Planning R Development I i i I 1 1 i t s I 3 .R I E Z ,I CDBG FUNDING RECOMMENDATIONS TOTAL TO BE ALLOCATED $454,151 i P_.ROJECT AM:L._..O.F._gQUE$T ~CCht4E A L LQQA-1_ QN i I Demolition 9 Clean Up $15,000 Evers Park Playground j Project $12,000 Oakwood Cemetery $35,000 Housing Rehabilitation Program $300,000 ` 53012. QQD Urban Homesteading $125,000 $1QO.1ooo I4LK Afterschool Program $14,634 $ 634_ Denton Police Athletic League $15,000 $__14,56 Fred Moore Child Care Center $50,000 Prenatal Clinic for Denton County $24,950 $ 24,950 Literacy/ESL Cable Instructional Tapes $24 300 F a r 1 I I l ~0y 1 I` I 1 4 I ~ I C CDBG Funding Recommendations k Page 2 'i MLK Af1@r_rchgo1 ro L4_m 514,634 Allocated amount will fund all program costs including the following: registration fees monthly fees supplies instructor salaries participant insurance cupport staff (pro-rated between 10 sites) Subsidies will be provided to low-moderate income families based on a sliding scale. Police Athletic League (P lq1 $14,567 Funding has been recommended to pay participation fees and equipment/clothing costs for low income children. I Pr n oL Clinic $24,950 Allocated funds will be utilized to pay a portion of the salary for a second nurse-midwife. An additional 100 - 200 women will be served each month. ~tban Homesteadl~]9 $100,000 Under the Urban Homesteading Program VA and FHA foreclosures will be acquired. Application will be made to the Department of Housing and Urban Development requesting $125,000 in Section 810 funds. The CDBG allocation plus tho 810 funds will be utilized to acquire five (5) to eight (8) properties. These properties will be conveyed to qualified homesteaders. Homesteaders will be required to pay all necessary rehabilitation costs and maintain the Y I , f i `t , i CDBO Funding Recommendations Page 3 1 property. They will he monitored for a period of five (5) years to ensure compliance with maintenance responsibilities. At the end of this period the lien will be released on the property. The Denton County Housing Finance Corporation will be ' requested to participate in tho program as the Local Urban Homesteading Agency (LUHA). i i I it f i { I I IMWP ,i 1 { Unofficial minutes itLee Block Community Development 1990rant CC^m April t Peggy Norton, Sarah Parker pannis Stephens, Curtis Ramsey Present: Katie Flemming, Rosemary Rodr{guez, and Sonya Wesley- Absent: Rey Trejo and Don Chipman , Community Development Secretary Coordinator and Staff ecreettary Barbara Ross, Co~unity Development ary resen t: Penny Black, Tickner and Beth Robert Cecile Carson, Public Works; PGuests Present: Stribling, PARD. called the ro~etin9 to order at 5:02 p•m Curtis Ramsey public No*ks Depart- Chairperson, P I. lean Up - Cecile the Carson, mente' project 6 C brief summary oi5e000.00. ment gave a total funds requested request, Ramsey asked how demolitions were connected to the weed and grass ordinance. liens were it worked d{fferenThis is not done son explained that med. Ms Car . properties where the city placed on demolition on demolitions. were not placed low/mode ate . Ross me ntioned that liens erties oam d by Mpsroperties because only prop roperty income fam{lies fell under the P °g income Stephens asked if the city attempted to get p Dennis eeP up their properties. explained that they weresoon to begin owners to k es and exp about sub- Ms, Carson said y tried ould afford Ms. Carson said they the to do 8O^~t d One of ci t{ng ind~Operties but °were not. ati standard P the Ne{ghborhood Associon anw 11e. was is to to work With or the Beautification Program as goals of the Beautification Commies on derate Income property coordinator for some of these low/moroue that would assist in the long-range try and g with a community g the need for a contractor owners together arty, alleviating cleaning the p p lace to be paid to do the fob did not P Ms, Norton asked for clarity on why the city liens on properties receiving assistance. th program were M°, Carson said the guidelines fovrrithethe demolition program began working question. set up beforeMgheRoss could answer that and asked 4 ~ I t f i Unofficial Minutes Community Development Block Grant Committee April 2, 1990 Present: Katie Flemming, Peggy Norton, Sarah Parker Rosemary Rodriguez, Dennis Stephens, Curtis Ramsey and Sonya Wesley. Absent: ney Trejo and Don Chipman Staff Barbara Ross, Community Development Coordinator and Present: Penny Black, Community Development Secretary Guests Cecile Carson, Public Works; Robert Tickner and Beth Present: Stribling, PARD. Chairperson, Curtis Ramsey called the meeting to order at 5:02 p.m. 1. Demolition & Clean Up - Cecile Carson, Public Works Depart- ment gave a brief summary of the departments' project request, total funds requested $15,000.00. Mr. Ramsey asked how demolitions were connected to the weed and grass ordinance. Ms. Carson explained that it worked differently, liens were placed on properties where the city molded. This is not done on demolitions. Ms. Ross mentioned that liens were not placed on demolition properties because only properties owned by low/moderate income families fell under the program. Dennis Stephens asked if the City attempted to get property owners to keep up their properties. Ms. Carson said yes and explained that they were soon to begin citing individuals who could afford to do something about sub- standard properties but were not. Ms. Carson said they tried to work with the Neighborhood Association and she was the coordinator for the Beautification Program as well. One of the long-range goals of the Beautification Commission is to try and group some of these low/moderate income property owners together with a community group that would asvist in cleaning the property, alleviating the need for a contractor to be paid to do the job. Ms. Norton asked for clarity on why tho city did not place liens on properties receiving assistance. Ms. Carson said the guidelines for the program were set up before she began working with the demolition program and asked if Ms. Ross could answer that question. E , 1 1 .I Comlmunity Development Block Grant Committee i Minutes/April 2, 1990 Page 2 I Ms. Ross mentioned that liens were not placed on demolition properties because only properties owned by low/moderate income families fell under the program guidelines or where there is no heir. Our hope is that those properties will be foreclosed on and we could use those at some point in the 4 future in some kind of an affordable housing program. F Mr. Ramsey said that's why he was asking if the lien there- fore becomes counterproductive to our goal. Ms. Ross said yes, yet if the city ever comes up with any general fund money for demolition. Ms. Carson is implying that they will demolish structures on anyone and then place ` a lien on the property because they could afford to do it. ` Therefore we are demolishing properties only for individuals that are tow/moderate income. Mr. Ramsey recalled the public hearing at MLK and spoke briefly about some citizen remarks cone-irning some very unsightly structures in the neighborhood. ~ I Ms. Ross said at one point CD funds were being spent to clear substandard structures for anyone. Then the committee recommended demolition activities be carried out only with low/moderate individuals. Mr. Ramsey asked if the property owner is able to demolish their substandard structure but will not and the city has processed all codo violation and condemnation requirements could the funds spent to demolish the structure and the property owner be placed in an accounts receivable category to try and recoup the citys'investment. Mo. Ross said yes, possibly we could place a lien on the property. Mo,. Carson said it's possible to set up a structure that if they do not qualify for the low/moderate income levels that a separate accounting system could be set up for the structures that do impact and place a lien on those. . -l s f i ii. e r i La ~j A t Community Development Block Grant Committee Minutes/April 2, 1990 ' Page 3 Ms. Ross reminded the committee that in all likelihood there would be very little if those monies coming back as income. It would be more of a long-range benefit. Ms. Ross also said a meeting with code enforcement and building inspections would be needed to determine if there would be some type of penalty placed on those individuals. She believed a person could be placed in jail for violating the code requirement, she believed the threat of being jailed could force a person to demolish the structure. It may be that there are avenues to get those structures down that the city has not looked into yet. Ms. Carson said staff is trying to look at a more active stance of dealing with this problem. If a building has been ordered to be demolished and the owner does not meet CD income criteria, the building official has the right to write citations although their staff is not familiar with that process and we (Code Enforcement Division) have offered our services to write the citations in hopes this will initiate movement by the reluctant property owners. Ms. Ross asked how successful have they been in getting these structures that do not meet CO income criteria demolished. Ms. Carson said not very successful. She said peer pressure and the newspaper advertisements, "the Good, the Bad and the Ugly" played a very important role in getting effort from property owners to clean up the substandard structures. Al- though the records she has looked show a significant ~J number of structures that, have already been ordered to be demolished and are still standing. These structures are in some state of disrepair or boarded up partially but not being demolished. There have been demolition permits issued but no actual demolition work being carried out. The committee thanked Ms. Carson for her presentation as she left. Iy i I ' I t r l Community Development Block Grant Committee Minutes/April 2, 1990 Page 4 f II. Parks & Recreation Department (PARD) - Robert Ticknor, Supt. of Parks Maintenance gave a brief summary of the department's requests. Mr. Tickner said the first proposal was for park improvements at Evers Park, total funds requested $12,000. He explained that the PARD budget would not allow for these improvements over the past nine years therefore, they had been requesting monies from the grant fund and previously were awarded $12,000 in funding from the Denton Benefit League for the same purpose. Mr. Tickner said the new Avondale park houses playground equipment similar to that requested from CD funds for Evers Parks. At this location, a facility is available, but it contains none or very limited playground equipment and picnic facilities. The proposed project will build a new modular playground. A unit will be purchased for the older kids and funds will be reserved to purchase a smaller unit for the younger kids so they will be separated to prevent the likelihood of injury. Mr. Tickner asked if there were any questions at this time. i Mr. Ramsey asked if there was any data concerning the neighborhoods' qualifying requirements or income percentage. Ms. Ross said she could get the median income of the area in comparison with the other targeted block group areas. Ms. Rodriguez said the area had grown tremendously and she imagined the income was higher than the other areas pre- viously funded by the grant. Mr. Stephens asked who owned the property in a specific area on the map that illustrated the proposed project. Mr. Ticknor said he was unsure, although Bob Trippe from the Evers family owned the property across the street and Jack Bell had previously tried to develop the property yet he was unsure of the outcome of that development. Mr. Stephens said the purpose of his question was to clarify the distance of the playground and kids accessi- bility during recess periods which last no longer than 10 - 15 minutes. Mr. Ticknor said the equipment does not have to go par- ticularly in that area, thi reason for choosing that area is that it is closest to the picnic area. Mr. Stephers asked what the possibility of moving the equipment's proposed placement further back in the park. I I s 'h r i 1 i Community Development Block Grant Committee j Minutes/April 2, 1990 Page 4 i II. Parks a Recreation Department (PARD) - Robert Ticknor, Supt. of Parks Maintenance gave a brief summary of the department's requests. Mr. Ticknor said the first proposal was for park improvements at Evers Park, total funds requested $12,000. He explained that the PARD budget would not allow for these improvements over the past nine years therefore, they had been requesting monies from the grant fund and previously were awarded $12,000 in funding from the Denton Benefit League for the same purpose. Mr. Tickner said the new Avondale park houses playground equipment similar to that requested from CD funds for Evers Parks. At this location, a facility is available, but it contains none or very limited playground equipment and picnic facilities. The proposed project will build a new modular playground. A unit will be purchased for the older kids and funds will be reserved to purchase a smaller unit for the younger kids so they will be separated to prevent the likelihood of injury. Mr. Tickner asked if there were any questions at this time. Mr. Ramsey asked if there was any data concerning the neighborhoods' qualifying requirements or income percentage. Ms. Ross said she could get the median income of the area in comparison with the other targeted block group areas. Ms. Rodriguez said the area had grown tremendously and she imagined the income was higher than the other areas pre- viously funded by the grant. Mr. Stephens asked who owned the property in a specific area on the map that illustrated the proposed project. Mr. Ticknor said he was unsure, although Bob Trippe from the Evers family owned the property across the street and Jack Bell had previously tried to develop the property yet he was unsure of the outcome of that development. Mr. Stephens said the purpose of his question was to clarify the distance of the playground and kids accessi- bility during recess periods which last no longer than 10 - 15 minutes. Mr. Tickner said the equipment does not have to go par- ticularly in that area, the reason for choosing that area is that it is closest to the picnic area. Mr. Stephens asked what the possibility of moving the equipment's proposed placement further back in the park. r i i i Community Development Block Grant Committee Minutes/April 2, 1990 Page 5 E Mr. Ticknor said basically it can be placed anywhere in the park. Mr. Stephens believed it should set up in close proximity to the elementary and he expressed his concerns for the excessive traffic on Windsor Street. Mr. Ramsey asked if the property north of the Windsor St. area was fenced. Ms. Rodriguez said she believed it was. Mr. Ticknor said PARD had requested acquisition monies for the CIP yet it would not be available until 1996 or later. There was general discussion concerning the proposed request and the surrounding area. E Mr. Ticknor gave a brief summary of the department's second project request, total funds requested $35,000.00. Mr. Ticknor s of seven properties aid the department proposed these funds for acquisition expansion. Presently, ~there arreOless othan 50 availableeplot spaces at the Oakwood Cemetery. Mr. Ticknor saiu the IOOF Cemetery plots were all pre-sold and if additional space is not acquired an individual would have to go to one of the outlying cemeteries in the county for service. He added that the actual cost for plots were unknown. although Roselawn's cost are over 100% of the citys'current $250 charge. The county is legally responsible for burial of indigent persons and they have taken bids from private funeral homes, presently Sanger has been the lowest bidder and individuals are buried there. Mr. Ticknor expressed his concerns for families wanting to be close to their loved ones for visiting and burial purposes. For a city the size of Denton to construct a new cemeter• we would have to go seven miles beyond the corporate city limit yet, we can place additional plots' if property adjacent to the existing cemetery is acquired. There are some properties in the area for sale and some of then have back taxes and could possibly be acquired due to that fact. Mr. Ticknor explained the contents of the map plans. Ms. Ross asked if the housing units are currently occupied. Mr. Ticknor said he did not believe they were occupied. x M1 i I i I Community Development Block Grant Committee Minutes/April 2, 1990 Page 6 Mr. Tickner asked if property could be acquired with grant funds. Ms. Ross said yes and she believed the asking purchase price would have to be near the fair market value, she said an appraisal would probably have to be done to determine that value or comparable. ` Mr. Ramsey expressed his concerns for the short term { benefit of the proposal and believed eventually the city 4 would have to go out of the city limits and acquire pro- perty. Mr. Tickner projected one to two funerals per week and believed if property were acquired the available plots would carry the city for another 20 years or so. Ms. Ross asked how the community felt about having a cemetery in their neighborhood. Mr. Tickner said the community was not yet aware of the idea of expanding the cemetery. He also said the Mt. Calvary Baptist church was constructing a new church, yet the property has already been contracted to another church. Ms. Rodriguez asked if there was money in the budget to acquire the needed properties. Mr. Tickner said no, he believed the only alternative was to possibly acquire the properties with grant funds or through default in paying taxes when they are sold at an auction. Arrangements were made with the county judge to bury indigents He Os wood cemetery housed manyaofethose t inprior to digents. that expressed his concerns for the individuals in the area wanting to buried in their home town. Ms. Ross asked if $35,000 were allocated and it did not acquire enough lots what would happen, could he get additional general funds. Mr. Tickner said acquisition efforts could be made until all the existing monies were exhausted. Mr. Ramsey expressed his concerns for the city remaining Councidl t on this committee mattereeded of e the City believed in the get the cemetery opinion business, to I T r I 1 l 1 i V Community Development Block Grant Committee E Minutes/April 2, 1990 Page 7 E Mr. Ramsey suggested a public hearing be held concerning acquisition of property with the community. Ms. Ross suggested the discussion be part of the April Neighborhood Meeting, she said she would contact Ruby t Cole and see if this item could be discussed at that time. j III. MLK Afterschool Program - Barbara Ross, Community Development Office gave a brief summary of the departments' project request, total funds requested $13,000.00. Ms. Ross ex- plained that this project would be a combination activity that both PARD and CD Office would administer. She said Ms. Stribling could not be present so she was making the request on her behalf. Ms. Ross said citizens in the community voiced their needs for an afterschool program at the MLK Center. They believed the kids at the Phoenix had a hard time attending the afterschool programs at Lee Elementary and other schools, if the program was ad- ministered at the center the kids would be in closer proximity to home. A discussion with PARD administrators informed me of their preparation of the project proposal. The monies requested would be used to pay the subsidies for low/moderate income children. Ms. Ross explained that the project was still in the planning phase and around 20 - 25 , children could benefit from a $50.00 subsidy, and they will license the facility for 34 children. The program can be set up on a sliding scale income basis. The department is requesting funds to pay for the entire costs of the program, not only the subsidies at this time. Ms. Stribling arrived at this time. She explained to the committee that the $14,634.00 would pay for all expenses, the pro-rated costs of administrators and the actual administrative fees in general. She explained there were fees for insurance on the kids included in the project request. She asked where there any questions at this time. Ms. Norton asked if the campfire group was involved in some afterschool program activities at the center. Ms. Stribling said yes they were, although she was not sure how long they were at the center. There was general discussion concerning the MLK After- school Program. Mr. Ramsey thanked Ms. Stribling as she left. r. ' f Community Development Block Grant Committee Minutes/April 2, 1990 k Page 8 f Housing Rehabilitation - Barbara Ross, Community Development office gave a brief summary of the department's project request, total funds requested $300,000. Ms. Ross said all but $80,000 of the 1989-90 funding had been exhausted, and the remaining monies would be spent by September 1990. Presently there are 55 individuals on the waiting list, she gave a brief summary of the process for the waiting list. She informed the committee that the 90-91 funding level was cut back $20,000 in federal funding. On an average there are 25-30 houses rehabilitated annually. This would promote neighborhood involvement and decrease substandard housing by making the needed repairs. Ms. Ross asked if there were any questions at this time. There was general discussion concerning the Housing Rehabilitation Program. Urban Homesteading, Community Development Office's second request was summarized by Ms. Ross, total funds requested $125,000. She explained that HUD would provide Section 810 funding in the amount of $25,000 per structure in order to acquire homesteading properties. The Denton County Housing Finance Corporation would participate in the program , by taking possession of the properties and then conveying them to qualified homesteaders. The request for $125,000 would supplement the Section $10 funds. Ms. Ross pointed out that there were no FHA/VA foreclosures in Denton that could be purchased for $25,000. The request would also maintain the properties prior to their conveyance to qualified home- steaders. Committee members asked the number of families herefiting. Me. Roes said the combined Section 810 and CDBG funds would purchase homes for 5 low\moderate income families. This is the minimum number of homes that can be acquired under the Urban Homesteading Program. Ms. Ross mentioned that properties listed under the Resolution Trust Corporation's Affordable Housing Program will also be available for purchase under the program. These are the properties of failed S&L's that will be sold by the Federal Government. A J 4 i II t r i '1 •E Community Development Block Grant Committee Minutes/April 2, 1990 Page 9 Mr. Ramsey asked what the purchase price of these homes would be. Ms. Ross replied anywhere from $35,000 to =50,000. Ms. Ross also stressed that a priority of the Housing Task Force, appointed by Council, was to begin expanding the City's housing program, especially in the area of affordable housing for low\moderate homebuyers. She provided a memorandum from the Task Force to members on that subject. i i .i i i 1 J ! •1 1 unofficial minutes Community Development Block Grant Committee April 9, 1990 Present: Peggy Norton, Sarah Parker, Rosemary Rodriguez Curtis Ramsey and Sonya Wesley. E Absent: Katie Flemming, Dennis Stephens, Rey Trejo and Don Chipman Staff Barbara Ross, Community Development Coordinator and Present: Penny Black, Community Development Secretary Guests Tomasa Garcia, Literacy/ESL Program; Sarah Carey, I Present: Director Prenatal Clinic for Denton County; Paula Layton, Director Fred Moore Child Care Center; Kenny Kirkland, Denton Police Athletic League (PAL) Chairperson, Curtis Ramsey called the meeting to order at 5:10 C.m. I. Literacy/ESL Cable Instructional Tapes - Tomasa Garcia a brief summary of the gave program's project request total funds requested ;24,300.00. Mr. Ramsey asked Ms. Garcia if she could summarize last years Literacy/ESL program activities, Ms. Garcia circulated some reading information. She said there were a total of 30 tapes produced and aired on Channel 25. Ms. Garcia said the First Baptist church on Malone has . a ESL/Literacy Program which is very active, she had assisted the Director of that church with their existing program. How- ever there was a need for classes to be taught at another area in the City therefore, Tony Garcia the program director went to the Betania Iglesia Bautista church on Ruddell Street. The purpose of these classes are to help adults meet the INS requirements for amnesty. A list of individuals needing ESL aervicea was created while working with Mr. Garcia, presently there are 254 individuals that are needing ESL type classes. Ms. Garcia produced a copy of flyers that listed the airing times of the tapes and any other helpful tips concerning ESL. Meetings were held with 2 Immigration outreach Specialists in Dallas who assisted in the curriculum of the video tapes. Ms. Garcia asked if there were any questions at this time, i I b Community Development Block Grant Committee Minutes/April 9, 1990 Page 2 i Mr. Ramsey asked Ms. Garcia how she arrived at the 8,600 figure for adults that read below the 4th grade level. i Ms. Garcia said the Public Library and their figures ' are supposed to be rather accurate. Ms. Garcia said that last year she started investigating to determine whether the ESL tapes could be approved as a course offering. She said the video tapes could assist the adults that are required to attend a total of 45 class hours in getting their c3rtificates, etc. While assisting individuals in the Baptist church I watched one individual teacher use a one hour tape for a three hour class. I believe'. would be helpful to use those same technigl - nd teach each class the lessons in more than v.. -Anguage. Mr. Ramsey asked who actually is the funding recipient. Ms. Garcia said Sammons Communication will administer the program funds. Mr. Ramsey said the committee would need a letter of support, from the administering agency/organization. Ms. Ross mentioned the possible problem of paying Sammons, because of its status as a for - profit organization. She said she would have to discuss the situation with Ms. Drayovitch and report at a later date. Ms. Ross asked if they had sought out additional revenue to augment the source. Ms. Garcia said the idea last year was to combine both programs and she was extremely busy trying to coordinate the programs, this year the other program has been discontinued and it will be easier to seek funding for one program instead of two and a more narrow focused project than the other. Ms. Rodriguez said the two programs where not related in any manner. Ms. Ross said she understood, although she was trying to relate the present request of ESL funding to what Ms. Garcia already has. Ms. Garcia said she had to help with getting both projects off the ground and now she believes she can continue the educational aspect of the project. S I 11 i i Community Development Block Grant Committee Minutes/April 9, 1990 Page 3 There was general discussion concerning the project request. Ms. Rodriguez expressed ;oncerns for her wanting to be a liason to the board for ESL and the results of her request. Ms. Ross asked Ms. Garcia could she get those letters into the office by Friday. Ms. Garcia agreed, she said she had also distributed 30 tapes to one of the Catholic congregations on Avenue A and Pastor Lemas had already started utilizing the within his congregation. Ms. Rodriquez asked if the original tapes would become the property of LULAC since they were the actual spon- soring agent. Ms. Garcia said yes and since LULAC does not have a central location she would suggest TNU for LULAC and be house) probably that they go service center which is very accessibleforindivi~duals eto use. The committee thanked Ms. Garcia for her presentation ' as she left. II. Prenatal Clinic for Denton County - Sarah Carey gave ` a brief summary of the programs project request, total funds requested $24,950.00. Me. Carey said the primary request would go to fund a full-Lime Certified Nurse Mid-wife (CNM) whose presence would enable the clinic to serve more women and their babies on a monthly basis. Ms. Carey said at any one t any ime there are from 350 -360 women who are not receiving prenatal care. 300 individuals monthly The and O we serve around 190 womensmonthly. The sad part of those statistics is there are currently 50 - 64 women on our waiting list in need of prenatal care. Ms. Carey said presently we have an Advance Practitioner who is assisting although Medicaid does not pay for those services, yet they do pay for the services of a (CNM). Ms. Rodriguez asked what was the salary of a CNM. 't k ' ~ I y l ( i 'f { i y f I Community Development B1ocK Grant Committee t Minutes/April 9, 1990 Page 4 f, Ms. Carey said Parkland pays about $40,000 a year which is roughly over $20 per nour, Pat Brewer our CNM is currently being paid around $36,000 yearly. CNM's at Parkland have benefits and vacation time, our CNM does not simply because we do not have the funding to grant her these benefits. Ms. Brewer has to go to convention annually, a requirement of CNM's to update their license, the clinic generally shuts down it's operation. Women that are needing care at that time of the year are forced to go to the emergency room and we as tax payers are the ones who pay for their hospital bills. Ms. Carey asked were any questions at this time. Ms. Norton asked for clarity of an Advanced Practitioner as opposed to a CNM. Ms. Carey explained the differences in these two practices. Mr. Ramsey asked what the $24,950 request would pay for. Ms. Carey said the cost would include an increase In Ms. Brewer's salary (FICA) and 60% of a CNM's salary. Ms. Carey said the cost in service would increase 2/3x1 from 100 to 200 women per month, annually 200 - 250. for Mr. that Ramsey would breakdown MtheCrrequested could funds apurposesdocument J services. Ms. Carey said yes. Ms. Rodriguez asked if she was requesting the same amount of funding from the Human Services Committee (HSC) and what those funds would be spent on. Ms. Carey said no, she was requesting a smaller amount from the HSC. Ms. Rodriguez expressed her concerns for the need of clarity concerning the requested amount of funds. Ms. Carey said the clinic would continue to deliver services even if they had to work without salaries. There are a variety of services the clinic offers. i s t Community Development Block Grant Committee Minutes/April 9, 1990 Page 5 When prenatal care is provided it is the very heart of the family and you can never have enough of anything. The clinic provides parenting classes for teens up to two (2) years after their baby is born. Contraception ' and post partum checks for teens at no charge. GED classes and classes for the fathers of these babies, some form of ESL, another social worker and another CNM are other services offered and/or needed. Ms. Carey said for every one dollar spent on prenatal care three dollars is saved in neonatal intensive care. Between ten and eleven dollars are saved for every one dollar spent. Savings come in areas such as incarceration, institutionalism, remedial education, etc. any situatioq that would be an outcome/result of a non-succeeding sick child. Ms. Ross asked if Ms. Carey knew the average cost of assisting one mother through their pregnancies. Me. Carey said it depends on the number of women you have and their case of pregnancy. Ms. Ross asked if documenting income would be a problem if they were granted funding of these federal monies. Ms. Carey said no, she added that the social worker presently had been assigned that task. J Ms. Ross asked what the racial make-up of clients where. Ms. Carey said white, hispanic, black and other. She added that the nurse was bilingual and what yet the new social worker was also bilingual although she was not hispanic. She'd hoped the clinic could seek out ways of reaching that segment of the population. Ms. Carey spoke generally about the Prenatal Clinic. Ms. Parker said she believed black mothers did not know about the services the clinic offered, possibly that's why black mothers have not come to the clinic for assistance. There was general discussion concerning the clinic. Mr. Ramsey thanked Ms. Carey for her presentation as she left. F i I r i i I ' I i F t Community Development Block Grant Committee Minutes/April 9, 1990 Page 6 IV. Fred Moore Child Care Center - Paula Layton, Director gave a brief summary of the program's project request, total funds requested $50,000.00. Ms. Layton introduced two of their board members Gary Cotton and Charlie Heggins. Ms. Layton said the center was in dire need of extensive remodeling or possibly relocation to a new facility. She explained that city building inspectors had inspected the facility and made a few recommendations. The facility is seriously outdated and there are many code violations and hazardous conditions that the children are exposed to daily. Ms. Layton suggested the committee review the letter from the building inspector and note the list of extensive repairs that were needed on structure. Ms. Layton said' the center's mission is to serve low income families, AFDC i, and foodstamp recipients, etc. The center receives Title XX and United Way funding, although no one has offered any monies to assist with the remodeling, only operational funding. Ms. Layton said she had met with Norm Sisk, DISD i and the school district owns the building, although in the original contract/lease agreement it was designated that the center do the upkeep on the building. Ms. Layton said it is hard when you're funded with federal monies to have access to any funds that could go towards the remodeling. Ms. Layton said the center will seek funding from COBG, United Way and DISD to try and get the remodeling project complete so they can facilitate an early childhood program. Ms. Layton asked were there any questions at this time. Ms. Rodriguez asked if DISD owned the building did Mr. Sisk say they would do anything to assist with this project. Ma. Layton said he assured her that he would speak with Mr. Bernstein the Superintendent and get back to her. Ms. Layton said she had spoke with Mr. Bernstein earlier and he suggested she apply for the grant anc see what the City could do to assist first. Mr. Sisk said he would take the inspectors' list to Mr. Bernstein and see what would happen. Ms. Layton said Mr. Sisk explained to her that basically there were a number of repairs that were needed on other schools and he could not promise her anything. f -P I, 1 ii r L t ~S 3 ' Community Development Block Grant Committee f Minutes/April 9, 1990 Page 7 Ms. Ross asked if Ms. Layton believed DISD would deed the property over to the center or will they continue to main- tain the property as DISD property. ' Ms. Layton said she was not sure. Ms. Ross asked if there would be any liability involved if something happened to one of the children on behalf 4 of DISD. I`{ Ms. Layton said Mr. Sisk would discuss that issue with Mr. Bernstein when they met. I~ Ms. Rodriguez asked was there a possibility of relocating to Morse Street Baptist. Ms. Heggins said she did not believe that was possible. Ms. Layton said she had checked into the MLK Center and that was not available, The requested amount of $50,000 was just a ball park estimate. The inspector arrived after the questionnaires' due date, that is why the letter ' has been attached. The inspector noted it could costs in excess of $100,000.00. Ms. Norton asked how do you feel about the remodeling project, do you believe it would be better to relocate totally. Ms. Layton did not believe the building was worth the amount of monies needed to repair it, although the location was great and remodeling may be the only way for the center to survive. The center will not only require remodel ng but some sort of landscaping also. Ms. Rodriguez asked ,f Ms. Layton had been to the Benefit League. Ms. Layton said they do accept project request until October. Ms. Heggins said in regards to the building, if the center was relocated elsewhere that would cause a transportation problems because of the clientele it presently holds (the parents that are in walking distance to the center). She also added that the building serves as a monument for the community, because of its longstanding and age. it t I t i { } Community Development Block Grant committee Minutes/April 9, 1990 Page 8 E Mr. Ramsey asked were they u:!ng the entire facility. Ms. Layton said the center is in the elementary area of the facility and the Denton State School clients are in the secondary part of the facility. Ms. Layton was questioning the ownership of the large lot behind the center, which could be used possibly for construction of a new building still on that lot. Ms. Parker said yes DISD owned all that land. She added there were many projects that DISD is working on presently, I.e. the new high school, other elementary schools etc. She expressed her concerns for the children's safety if nothing was done soon to the center. Ms. Norton said from reading the inspector's report she was afraid h should children's stop psafety eration~so. She asked if they Mr. Ramsey asked Ms. Layton if they had passed their inspection. Ms. Layton said yes they had and they were not about to be condemned or anything, but these repairs could not continue to be overlooked because worse things may began to happen. tho clothing 2 room asked wea if clthe osed second floor, originally Me. Layton said yes that was true to the best of her knowledge. Me. areaRhaveaanddhowwmanyyfeetawereetheyilicensedntor's have. Ms. Layton was not sure, she informed Ms. Rosa that information was listed in the Minimum Standards and she did not bring it with her. Ms. Rose said she was thinking about a facility on Hickory street that could possibly accommodate the center's needs if it meet the state requirements. T i i f f i f Community Development Block Grant Committee 1 Minutes/April 9, 1990 Page 8 t Mr. Ramsey asked were they using the entire facility. ` Ms. Layton said the center is in the elementary area of the facility and the Denton State School clients are in the secondary part of the facility. Ms. Layton was questioning the ownership of the large tot behind the center, which could be used possibly for construction of a new building still on that lot. Ms. Parker said yes DISD owned all that land. She added there were many projects that DISD is working on presently, i.e. the new high school, other elementary schools etc. She expressed her concerns for the children's safety if nothing was done soon to the center. Ms. Norton said from reading the inspector's report she was afraid for the children's safety also. She asked j if they possibly should stop operation. I Mr. Ramsey asked Me. Layton if they had passed their inspection. Ms. Layton said yes they had and they were not about to be condemned or anything, but these repairs could not continue to be overlooked because worse things may began to happen. Ms. Rodriguez asked if the second floor, originally the clothing room was closed off. Me. Layton said yes that was true to the best of her knowledge. Me. Rose asked how many square feet did the center's area have and how many feet were they licensed to have. He. Layton was not sure, she informed Ms. Ross that information was listed in the Minimum Standards and she did not bring it with her. Ms. Rose said she was thinking about a facility on Hickory street that could possibly accommcdate the center's needs if it meet the state requirements. fI 1 I i i r .E L 1 r + 1 Community Development Block Grant Committee Minutes/April 9, i99o Page 9 Ms. Rodriguez asked would this project qualify for housing rehabilitation. Ms. Ross said that program was an owner occupied program. Mr. Ramsey asked where did we place the Heritage Oaks roof repair project. Ms. Ross said rehabilitation but not housing rehabi- litation. Ms. Parker asked were they serving 55 families. ; Ms. Layton said yes they were licensed for 55 children although there is a space issue which allows us to hold 43 children only. it Mr. Ramsey asked would the new federal regulations affect the center. Ms. Layton said she had a upcoming meeting to learn everything about the new child care law on Thursday. l Ms. Rodriguez asked if she was requesting funding from HSC and was it for the same purposes or something else. Ms. Layton said yes she was requesting funding although it would be for operational expenses only. Ms. Parker asked what repair was needed the most on the list. i' Me. Layton said the roof and the walls. Ms. Ross added that Mr. Letsche, the inspector, was very concerned with the glass walls. Ms. Layton said in December the gas bills were as high h as ti,000.00. She also said the building was not wired for 220, therefore they had no washer/dryer or microwave. Ms. Layton explained these items were not necessities, although she presently had to rely on her staff to take laundry home. These appliances that other day care faci- lities take for granted, our facility doesn't even have. Mr. Cotton suggested that some portable buildings would possibly serve the purpose of housing some of the kids. s 6 community Development Block Grant Committee Minutes/April 9, 19EO Page 10 There was general discussion concerning the center. Mr. Ramsey thanked Ms. Layton and her board members as they left. Police Athletic League (PAL) - officer Kenny Kirkland, Denton Police Dept. (PAL) gave a brief summary of the program's project request, requested total $15,000.00. Mr. Kirkland explained that PAL was a drug resistance program for kids aged 6 to 14, especially low income kids; offering sports, companionship and adult guidance as an alternative. Mr. Kirkland explained that the major problem the PAL officers had was transportation. He has talked to GTE and car dealers who customarily I donate vehicles and no one has been able to assist us in this area. Officer Kirkland said the parents of these children do not participate in any of the acti- vities therefore the kids morale is boosted primarily by the kids and us. The PAL officers took the kids that could not pay for participation in the city basket- ball league and the group of fourth graders won first place in their league. There is always a cost issue for most parents and these are the kids that essentially no one wanted. PAL is there to assist these kids when they are in need. Mr. Kirkland asked if there were any questions at this time. Ms. Rodriguez asked if the $15,000 was for purchase of a van. Mr. Kirkland said $5,000 for equipment, fees and insurance coverage on the kids and $10,000 for a van and liability coverage, maintenance, etc. There are 30 kids in basketball and 42 kids in karate and 17 in baseball. Ms. Rosa asked if all these kids were low income. Mr. Kirkland 95% of the kids were low income. Me. Rose asked if PARD would not allow them to use their vans. Mr. Kirkland said there was more of a liability issue involved because the kids would be taken to out of town activities, etc. F i k E s 4 i l i Community Development Block Grant Committee ' Minutes/April 9, 1990 Page 11 t r Ms. Parker asked if they sought out volunteers to transport the children. Mr. Kirkland said yes, there was the possibility of using one of the churches van, although there was a problem with that also. Mr. Ramsey asked what problems would arise from using PARD vehicles aside from scheduling. i Mr. Kirkland discussed the problems with scheduling and insurance in regard to the use of the PARD van. Ms. Rodriguez asked what other purposes would the van be used for during the day. Mr. Kirkland said the van would be used only for the pur- pose of the PAL program. There was general discussion concerning the PAL programs project request and other cities PAL programs. IV. The meeting adjourned at 7:00 p.m. I . ~ l r I f Unofficial Minutes Community Development Block Grant Committee i April 16, 1990 I Present: Katie Flemming, Dennis Stephens, Peggy Norton, Sarah Parker, Rosemary Rodriguez, Curtis Ramsey and Sonya Wesley. Absent: Rey Trejo and Don Chipman , Staff Barbara Ross, Community Development Coordinator and Present: Penny Black, Community Development Secretary Guests Sarah Carey, Director Prenatal Clinic for Denton Present: County Chairperson, Curtis Ramsey called the meeting to order at 5:15 p.m. 1. Mr. Ramsey explained to the committee that the requested additional information from the Prenatal Clinic was part of their reading information. There was general discussion concerning the Prenatal Clinic, Ms. Carey left at this time. Ms. Ross said she had talked with HUD regarding Ms. Garcia's Idea of Sammons Cable being our sub-recipient. Me. Ross said the representative at HUD informed her that if Sammons played that role the project would become an Economic Development activity and invoke something called a "necessary and appropriate determination'. This "necessary and appropriate determination" would require a lot of staff time justifying to HUD that it was necessary and appropriate for us to give the funds to Sammons. Ms. Herron, HUD Representative believed this justification could not be made and she suggested that Ms. Garcia seek a non-profit organization to contract with. Ms. Ross spoke withMs. Garcia and relayed the information from HUD, she said that would be no problem to contract with TWU, To date, Ms. Rose had not received a letter of support from TWU for this project so Ms. Ross assumed Me. Garcia was unsuccessful in getting the university to contract for the project. There was general discussion concerning the ESL project request. The committee decided not to consider funding the request because Ms. Garcia did not collect the required documentation they had requested, nor was there a re- sponsible physical agent to contract with. Ms. Rodriguez said Mr. Davila wanted to present a closing statement to the committed in regards to the Scholarship Program (i988-89 funded project), she suggested they set aside a time to meet with Mr. Davila after all deliberations have been made. f ~ j i Community Development Block Grant Committee Minutes/April 16, 1990 rage 2 f Mr. Stephens expressed his concerns for the Oakwood Cemetery proposal. Ms. Ross explained there was a CDBG meeting the same night the NICE meeting was held, therefore she did not get a chance f to speak with Ms. Cole or request the item be bought up, Ms. Ross said if the committee decided to grant funding it would be contingent on a public meeting to determine the citizens f opinion. The committee asked Ms. Ross for a summary of the present spending status of the demolition funds. Ms. Ross said year to date the department has spent $11,000 and there is a balance of $22,000 left over to spend. The Building Inspector had five projects in route for referral since January and today he said we could start the process on three of those five structures. Ms. Ross stated the CO staff had two requests in the office and these would be added to the requests from Code Enforcement and then wa I can proceed with the demolition activities. The committee agreed to table the demolition request at this time. I Mr. Ramsey began a discussion concerning the Evers Park l proposal. He said there was a map which was to be viewed as a conceptual plan because Mr. Tickner was not sure of ' the actual area the playground equipment would be placed, Ms. Ross said she did determine the percentage of the Evers neighborhood median income. The Evers area is 58% low /mod. in comparison to the other block group areas we serve whose average is about 73% low/mod. population. Ms. Parker asked if there was no other revenue for this project in the PARD budget. Me. Ross recalled Mr. Tickner saying funds were donated for the playground equipment at the Avondale park and presently their budget did not allow any funding for the proposed project at Evers. There was general discussion concerning the project request. Ms. Rodriguez expressed her concern for the numerous r low equests to CDBG and believed this the Evers request was of priority. M Parker, Mr. Stephens and Ms. Fling Ms. Rodriguez. The committee chose to tablemthe Evers request at this time. i t i t Community Development Block Grant Committee Minutes/April 16, 1990 Page 3 There was general discussion concerning the Oakwood Cemetery project request. Ms. Ross mentioned the CDBG project requirement of area, individual or direct benefit. With the exception of re- quiring any ;:Irson buried in these particular plots that have been acquired be low/moderate income, there would be an area benefit, yet it would be dead individuals that are benefitting and HUD ma have a that. y problem with Ms. Norton asked for clarity of how the plots were sold to families. Mr. Ramse,v said the indigent were buried at Oakwood no matter what. I Ms. Rodriguez said presently the indigent are buried in Sanger. Ms. Ross added the county incurs those expenses for indigent burials in Sanger. f Ms. Rodriguez agreed. Ms. Ross said the revenues received on these lots would have to be accounted for and go back to the grant account or to HUD, in essence we would be in the cemetery monitoring business. Ms. Rodriguez said also there are no stipulations that would require only low/mod. individuals be buried there and asked how would that issue be handled. Ms. Ross said she was sure we could set any stipulations needed to meet the grant requirements to PARD. Ms. Rodriguez believed that would be a great burden on the CD Staff. The committee agreed to delete funding of the Oakwood Cemetery project request and "bury it", at this time. ~ tI Community Development Block Grant Committee Minutes/April 16, 1990 Page 4 i I f There was general discussion concerning the Housing Rehabilitation and Urban Homesteading project requests, i i Ms. Rodriguez asked how much money was left from last year. Ms. Ross said $80,000 and there are presently 8 houses ^1 out for bids. If any one of the 8 houses bids run over i $10,000, we will need to hold off contract signing until !I late July. Mr. Ramsey asked how many families would benefit from the present request. Ms. Ross said about 25 - 30 families would benefit and revenues from the rehabilitation loans which is about *12 - $15,000 oer annum will allow us to complete 1 additional structure. j Ms. Rodriguez asked how much was allocated last year. Ms. Ross replied f300,000.UD. Mr. Ramsey said the program has 65 individuals waiting which is roughly 2 - 3 years o: project participation. He asked if the project was accelerating or stabilizing. Ms. Ross said she believed it was rather stable. Mr. Ramsey asked if the waiti;ig list tied into the need for more aggressive code enforcement or better evaluation of problems identified. Ms. Ross said she did not perceive the Code Enforcement division citing a homeowner for code violations as readily as she believed they cited landlords. When landlords are sought out they usually contact CD Staff and this increases the number of rental rehabilitation requests. Ms. Rodriguez asked where did the rental rehabilitation funds come from. Ms. Ross said the Texas Department of Commerce. 4 .C l t i 1 ii i` t r Community Development Block Grant Committee Minutes/April 16, 1990 Page 5 ; r f Ms. Flemming said she did not understand where the monies went to from the loan repayments. Ms. Ross said the monies go back into the rehabilitation program, most of the assistance we provide are in the form of grants and the homeowner repays us by living there for five years. The $12 - $15,000 that will allow us to complete an additional rehab. is the loan repayment money. Mr. Stephens said individuals whose homes have been rehabilitated are extremely happy to have a program that provides this type of assistance. He believed if there were any additional monies possibly the committee could provide more than the requested $300,000.00. Mr. Ramsey asked if dollars made a big difference. Ms. Ross said yes it did make a difference. If there were additional monies, staff could rehabilitate more homes. i There was general discussion concerning the Urban Homesteading program. Mr. Ramsey asked if this program relates to property which reverts to the governm-ant through the Resolution Trust Corporation. (RTC) Ms. Ross added FHA and VA foreclosures. Ms. Norton asked if the requested funding only benefitted five families. Ms. Rose said iL's possible for it to benefit more if the properties could be purchased cheaper than $35 - $50,000. The requested $125,000 would be only half the amount, the other $125,000 would be supplemented from HUD. The $125,000 would not only allow us to purchase the homes, but also maintain them until we give the property to the home- steader. Mr. Ramsey said this $125,000 is on a matching grant basis $126,000, which means if we funded $50,000 HUD would match $50,000. Ms. Ross said we are required to purchase at least five homes, the match will be $125,000 from H11D. ll f j l t r {I •t e i f~ tI~ I i Community Development Block Grant Committee Minutes/April 16, 1990 Page 6 Ms. Rodriguez said we are investing $125,000 into only five families. Ms. Ross said yes, plus we will be pulling in an additional $125,000. in Section 810 funds. She said she realized the requested amount was a lot although this is a home ownership program, something the city does not currently have. Ms. Norton asked how the families would be selected. Ms. Ross said they would make application to the City, be rated based on their ability to pay a rehabilitation loan, the property taxes and property maintenance as well as their income level. They would need to be well o under the 80% median income. I Ms. Rodriguez expressed her concerns for the number of f ! individuals the program would be benefitting. Ms. Ross said the Urban Homesteading program request is a result of the Housing Task Force Committee's recommendation to the City Council that we expand the city's housing programs. Urban Homesteading was the only HUD funded program that the city would be receiving some supplemental/matching funding so we chose this program. i~ Ms. Norton asked what the average amount spent on each family per rehabilitation. Ms. Ross said about $11,000. Ms. Parker asked for clarity of the program. She said the requirement is for a minimum purchase of five homes. And possibly purchase more properties if they were available for less than $50,000 and benefit more than those five families. Ms. Ross said yes. 'There was general discussion concerning the Urban Homesteading Program and the possibility of purchasing properties in the 4lillowcreek Housing Addition which are owned by Denton Federal Savings. E } y t t 1 F 1 r Community Development Block Grant Committee minutes/April 16, 1990 { Page 7 Ms. Flemming expressed her concerns for the program set up and requirements. Ms. Parker asked if Lewisville had a program like this. Ms. Ross said she did not believe so, Lewisville did not accept block grant funds but the cities of Lubbock and Grand Prairie definitely administered the Urban Homesteading Program. Mr. Stephens expressed his concerns for the attempt to funnel more funds into the city and to expand its housing stock. Mr. Ramsey asked if the grant program required the homeowners to stay in their homes for five years. j Ms. Ross said yes. She discussed the program procedures of Urban Homesteading that the city would set up if granted the Section 810 funding. There was general discussion concerning the MLK After- school Program. Ms. Rodriguez asked if the $50 for each child would be funneled back to the grant. Ms. Ross said no, but the $50 would be used to supplement each child that is low income and cannot pay the fees. The total request will pay for the entire programs ad- ministration. The CD Staff will control the funding of this program and some of the children may be able to afford the fees which means the allotted amount may be I*" than $14,634. ty of. expressed Norton e concerns the s displacement of the existing programs when theli afterschool program began. Ms. Ross doubted that any displacement would occur. Mr. Stephens and Mr. Ramsey expressed their concerns for the accessibility of the center and the requested program. { { 1 ; E 1 ~ f ;i L R , i h i Community Development Block Grant Committee Minutes/April 16, 1990 Page 8 Ms. Rodriguez asked which agency requested funding from f the HSC. Ms. Ross said Fred Moore Child Care and the Prenatal Clinic, although their requests were for operational expenGes. There was general discussion concerning the PAL and the MLK Afterschool program proposals. Ms. Ross suggested if the committee recommended funding th.t they request PAL not use CDBG funding for the purchase of a van because of sub-recipient requirements yet use the funds for equipment purchase and subsidies for the kids fees. There was general discussion concerning the Fred Moore Child Care Center. r Ms. Ross said Ms. Layton had spoke with her earlier and Norm Sisk did give her more optimism than Mr. Bernstein had and there's a possibility of DISD assisting them in solving their rehabilitation problem. Ms. Ross said she had told her earl Williams and some other individuals from the neighborhood had assisted in doing some work to the leaking roof. 6:50 p.m. - Mr. Stephens had to leave at this time. There was general discussion concerning the Prenatal Clinic. Ms. Norton asked if they were funded by HSC also. Ms. Rose said they had requested funds for the past year although the lawsuit on indigbnt health care restricted the council from allocating funding. She also said if funding was recommended, clarity was needed stating funding for social service agencies would not be a continuing budget item. This would deter other social service agencies from believing they did not need to go to the HSC (city general fund source), that they instead could come to CDBG (federal fund source) and receive monies for their services. Ms. Rodriguez asked if there was a problem funding this agency. Ms. Ross said Ms. Drayovitch suggested the committee make their recommendations and they go from there if there was a problem that arises from the recommendations. E I ~ E j I ti7 f s {E t Community Development Block Grant Committee Minutes/April 16, 1990 Page 9 Mr. Ramsey said the question remains, if our funding this project is in essence actually compromising the city's I position on indigent health care. t Ms. Ross said basically, Ms. Drayovitch believed since this was federal monies and not city tax payers money there would not be a problem. Ms. Drayovitch asked Ms. Ross if there were other projects that would be funded by tax payers dollars if the grant funding was not available. Ms. Ross said yes and used the street projects as an example of items funded. Ms. Drayovitch again suggested the committee make their recommendations and let the council make the final decision. The committee prioritized and ranked the project requests. They are listed in priority ranking and recommended amounts below: 01 - Housing Rehabilitation - $300,000 02 - MLK Afterschool Program - $14,634 03 - Denton PAL program - $14,567 114 - Prenatal Clinic - $24,950 Its - Urban Homesteading -$100,000 Ms. Rodriguez moved that the recommended allocations be as stated above. Ms. Parker seconded the motion. The motion passed unanimously. Ms. Rodriguez also moved that any residual administration funding be transferred to the rehabilitation account. ~i Ms. Parker seconded the motion. The motion passed unanimously. The meeting adjourned at 7:37 p.m. 0 r ? _ T CITY COUNCILt 'TTH a nouooflr ay F h r X00 a_. L ` t D ~ C3 - a 1 p o O ooo~~~~~ "C~•J ~Cd~Cc y a J ! a~ ua..a_..y .a. t r 'i i i f i ( a I DATE: 5/01/90 / t CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: DISCUSSION OF THE FAST TRACK PROCESS FOR FOOD LION RECOMMENDATION: Staff recommends that the development of the Food Lion be reviewed I on a 'fast track' to include holding a joint meeting with the ~ Planning and Zoning Commission to consider rezoning and preliminary and final platting. Staff recommends that Council direct staff to prepare a joint hearing ordinance. Staff suggests that the special joint meeting date with P&Z to be on a date which is not a regular meeting of either body, in order not to interfere with regular agenda items. A tentative date of June 21st has been discussed and staff requests your concurrence of that date, and the date of the joint hearing ordinance consideration to be June 5, 1990. SUMMARY: ~k k 1. Schedule (tentative). j 1 PUB considers 'Plan Lines' extension. - April 24, 1990 P6Z considers 'Plan Lines' extension. - April 25, 1990 1 Council consensus to proceed on fast track and hold joint hearings, consider 'Plan Lines' extension. - May 1, 1990 Staff /consultant review of preliminary zoning, landscaping, plat, engineering plans. - May 9, 1990 (tentative) Submission of final plans. - May 24, 1990 (tentative) Council consider joint hearing ordinance. - June 5, 1990 (tentative) Council and P&Z hold joint public hearing on zoning and consider separately the preliminary and final plat. - June 21, 1990 (tentative) It is possible to compress this time frame further, but the time frame is agreeable to the consultants preparing the plans. s i ) c t i Mayor and City Council Page 2 1 I 2. Proposed joint meeting agenda. o PaZ and City Council hold a joint public hearing on the rezoning (tentatively, A to PD). o P&% considers the zoning and makes a verbal report and recommendation to Council. o Council considers the zoning ordinance. n P6Z considers the preliminary plat, and makes a verbal recommendation to Council. o Council considers the preliminary plat. o P&Z considers the final plat. BACKGROUND: Food Lior, has advised us that they z.re proceeding with simultaneous development review with Denton and another community. Speed is critical for the company. The site is in Froposed Enterprise zone ►1. An economic development incentive noted in the Enterprise zone package includes 'fast tracking'. Staff has had several meetings with Food Lion representatives and their consultants wit!, a liew to assisting them through the process and to facilitate their eelc%:tion of Denton. Council will consider later in the meeting authorization to extend utilities to the site. State law requires an ordinance be passed stating the time and date of joint P6Z/Council meetings to consider zoning changes (See Attachment 1). l PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: ~J Council and PiZ. Adjacent landowners. Economic development program. Reviewing staff. FISCAL IMPACT: Respectfull bmitted: A Fos* 4; q~ Pr ared byLlo V. Harrel ,,City Manager F tank H. Robbins, AICP Executive Director Planning and Development 2228x r E a ATTACJJhIENT 1 G3r~"a'3 -S aSjSi°r A 24 T y e ' C q^ S min is. o I I aye .g0 =a~~_~ RO" SA.~ifrFs.A 9 ' E3 PP 3 I R i3v 7 s -W .eE x4315_ 4t 6z a~ s 9L Ir I ' r~ HIS, r s v r 4g 'AR }~f T 7e 4 of ! if.'' r~'7 3 AAFIT 3 ~ gtr41 s! g 111V-T~ tut o 4s .3 R at 4 9'ggga ~S ~y gs 4 ~~8 ~ 9•~ C rdr ggr~f r1 A~ ~:•g 11P.1 sparF 4 9 ~ ' ' d[tit ~ "rr oa d~i4 9$j y!p,p~4 54~A f~i~~I~$5 ~~09 tit t Ills, 9, till i ~e i l r`s 4R r e4 p gMR1 MC I I l i CITY 1 k COUNCIL,' r~ a I i y , i I H 1 I~ ~OpI o o 41, r-..TipO~ O ~Q+~ l l i l y ~4- rx r i i V Ii CITY of DENTON 1215 E McKinney ! OeNon, Texas 76201 1 M E M O R A N D U M y J } s e TO: Mayor and Members of the City Council FROM. Lloyd Harrell, City Manager DATE: April 16, 1990 ~ a SUBJECT: REPORT ON CURBSIDE COLLECTION OF RECYCLABLES t Realizing the Council's Interest In establishing a program for the curbside collection of recyclables, the Staff has been evaluating alternative approaches for some time. In keeping with the Council's i priority rankings, v:e have developed a pilot program for the curbside ;.ollection of recyclables which will be Included In the Solid Waste k Departmental Budget for fiscal year 1990-91. The Staff Is prepared to 1 discuss the details of the proposed program with the Council during the work session on May 1, 199U. Respectf y submitted Lloyd Harrell LH/BA/sc 1Al/042690033 w• 1 1 I ICITYMN, COUNCILI ~N 1 y } c~ooooo~~,~ ~OOQQQ` ' O l a f h00o0GOg O o e .01 TaN. E'Vo ~~40^COvC"~~~' I i i CITY OF DENTON CITY COUNCIL MINUTES "A0 MARCH 12. 1990 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None 1. The Council convened into Executive session to discuss legal matters (considered action in in Re: Flow, considered settlement of Verhotz vs. City. Gladden vs. City, et al, and Patel vs. City. and considered claim of the estate of Larry Champion), real estate and board/personnel appointments (considered appointments to the Airport Advisory Board, Building Code Board, Cable T.V. Advisory, Citizens Traffic Safety Support Commission and Electrical Code Board). The Council then convened into Open Session at 5:45 p.m. 2. The Council held a discussion regarding changes to l contracts with the hotel occupancy tax recipients. Debra Drayovitch. City Attorney, reported that the original contract was basically a 90 day contract - one with no term but one which could be terminated by either party with 90 day notice. The old contract had a reimbursement cap for expenses incurred because of termination of $250 and straight pass through of funds with a contract only with the Cultural Confederation which would disperse the monies to the appropriate entities. In an attempt to retain as much of the original contract as possible, the only changes made by the City legal staff were to incorporate changes resulting from the 1989 statute revision as discussed earlier, applying caps pursuant to authorization of the Council except for the contract with the Arts Council which was different because of the nature of the statute in that regard, and changed the $250 reimbursement limit to $1,000. Ms. Drayovitch stated that she and John McGrane, Executive Director for Finance, had met with representatives of the organizations over the last few weeks to negotiate the terms of the contracts and had been able to icon out all the problems. The two contracts for the Acts Council which would be considered at the regular meeting reflected these changes. Ms. Drayovitch stated that the major changes to the contract were: 1) allow the City to recover costs of collection of pass, due taxes and auditing delinquent taxpayers; 2) change the 10 day cure in case of default to 30 days; and 3) change the 90 day termination clause to a 6 month termination clause. } it r I City of Denton City Council Minutes March 12, 1990 Page 2 i , The consensus of the Council was that they would like the contracts for the other three entities, Historical Foundation, North Texas Fair Association, and Denton Chamber of Commerce, to be considered on their agenda of March 20, 1990, provided these organizations would have had an opportunity to meet before this date to consider the contracts. 2. The council received a report from Freese S Nichols on the wastewater treatment plant master plan. 1 R. E. Nelson, Executive Director for Utilities, stated that the firm of Freese S Nichols had performed a master plan study for the city wastewater treatment plant as required by state law when a facility had reached 75s of capacity. The study took approximately a year and explored many areas. Mr. Nelson estimated that the first phase cost would be approximately $20 million. Bob Fence, Freese & Nichols, presented a handout highlighting the presentation to the Council. Mr. Pence outlined the driving forces which effected the study, These forces included permit changes, city growth, future permits, and sludge ' disposal. Some changes in permitting required by state statute I needed to be met in a relatively short period of time which would impact cost. The study looked at several alternatives to evaluate, including expanding the existing plant on site, expanding the existing plant and utilizing flow equalization. building a new plant at an altetnat.e site, and land application. When considering sludge disposal, the firm considered sludge landfilling or continuing with a gteater program of sludge injection. Based on the evaluation of present worth cost basis, the selected plan was developed and divided into two phases. Phase I would take the plant expansion to 15 mgd and Phase II to 20 mgd. Phase I expansion would be broken into three separate phases. Phase IA would include liquid and solids handling to achieve permit compliance on ammonia levels and plant renovations. Phase IB would include liquid and solids handling and buildings necessary to get plant capacity to 15 mgd. Phase IC related to the sludge only landfill. Mr. Pence stated that the cost estimate for Phase IA and 1B would be $15.5 million and Phase IC a little over $4.5 million making a combined total of a little over $20 million. Phase II would cost approximately $8 zillion. f,loyd Harrell, City Manager, asked if Mr. Pence could estimate how much of that $20 million figure could be attributed to new State and Federal regulations as opposed to accommodating normal growth. Mr. Pence stated that without new regulations the upgrading of the present plant to accommodate growth would be approximately $9 million. i City of Denton City Council Minutes March 12, 1990 Page 3 Mr. Nelson stated that it expenditures held at the estimated $20.4 million the City would be looking at a 50-55% increase in rates over the next three years. Because of the 1992 time constraints on the ammonia portion of the permit, the City would need to be into construction no later than Match of 1991. Mr. Pence reported that the proposed schedule plans to begin in the next few months on the preliminary engineering for Phase IA and IB, complete design and advertise for construction around July of 1991 with Phase IA requirements on line by July of 1992, and completion of entire construction schedule by September 1993. The sludge only landfill requirement would take quite a while and estimated time to be on line would be July 1994. Mr. Nelson stated that the report had been presented for informational purposes and no action was required. The Utility staff would now go back to the Public Utility Board and recommend that an engineering firm be selected, develop a contract for the firm and bring the contract back to the Board and council for signature. The Council then reconvened into the Executive Session to discuss items previously listed. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. 1 ABSENT: None The Mayor presented a proclamation concerning "Professional Social worker" month to Eileen Short. 1. The Council considered approval of the minutes of the regular session of February 6 and 10, 1990. Council Member Alexander noted a typographical error on page 19 of the February 6, 1990 minutes stating the word "included" needed to read "include." Hopkins motioned, Gorton seconded to approve the minutes as amended. Motion carried unanimously. 2. The Council was to receive a citizens report from Buddy Cole, Wayne Dockery and Ray McFarlane regarding the booster pump station and water storage complex on Hartlee Field Road. This item was pulled at the request of the citizens. it City of Denton City Council Minutes march 120 1990 Page 4 3, Public Hearings A, The Council held a public hearing and considered adoption of an ordinance amending Article 4.15 of Chapter IV, Article Iii, Appendix A to provide for amended drainage requirements and amending Section 10 1/2 - 17 relating to finished floor elevations. The Mayor opened the public hearing asking for a brief overview of this ordinance. Jerry Clark, City Engineer, stated that the process of review of this article started in the summer of 1987. There had been a great deal of public involvement. The proposed chan adding the ordinance were meant to expand and clarify by definitions. The major change would make f]oodways natural and keep them that way to promote the greenbelt and aesthetics and slower, less erosive drainage flows. Design standards had been upgraded in a few areas to become consistent with the rest of the Metroplex and to protect lots from lot flooding. Some changes had allowed computerisation of some of the drainage processes which allowed calculation of the flows. The developer had been allowed some leeway by lowering the crowns on streets which would allow more water to be carried in the streets prior to storm sewer installation. The ordinance included more pipe systems on water flows, established regulations for detention facilities, defined easements, and would flood dame eto be prevention 18" above ordinance flood t elevation has floors ugraded opposed to 120. Council Member Alexander asked that Mr, Clark define base flood elevation. Mr. Clark stated that the base flood elevation were based on a 100 year storm which was one which had a 1% chance of happening ~:ery year or pretty sure would happen once every 100 years. Council Member Gorton asked that by raising finished floors 6' what extent would this impact the future development of park sites and improvements. Mr, Clark stated that he did not feel it would be a problem. or structures courts twhiare down in the ch were designedf with wa peno fen ces Most gazebos park and methods that allowed water to pass through, Recreation centers and similar type of structures would not be located in the floodway. The major benefit would be the increased subsidization of rates by FEMA because the level would be raised above base flood elevation. Jerry Cott, Chairman of the Government Relations Committee of the Chamber of Commerce, stated that he would like to commend Jerry Clark and Frank Robbins for their work on this ordinance and the Chamber endorsed its passage. ao one spoke in opposition. k r r City of Denton City Council Minutes March 12, 1990 Page 5 j The Mayor closed the public hearing. The followa ng ordinance was considered: N0. 90-029A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 4.15 OF CHAPTER IV OF ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES TO PROVIDE FOR AMENDED DRAINAGE REQUIREMENTS AND DESIGN STANDARDS; AMENDING SECTION 10 1/2-17 (FLOOD DAMAGE PREVENTION) OF THE CODE OF ORDINANCES RELATING 'TO FLOOR ELEVATIONS; j PROVIDING FOR A SEVERABILITY500LAU SEFORPROVIDING A PENALTY IN THE AMOUNT OF VIOLATIONS THEREOF OCCURRING WITHIN THE CITY OF DEN'TON; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,' Gorton "aye," Ayer 'aye," Boyd 'aye,' and mayor Stephens 'aye." Motion carried unanimously. 4. Consent Agenda McAdams motioned, 12xander seconded to approve the Consent Agenda as present.... Motion carried unanimously. A. Bids and Purchase Orders: i 1. Bid #1060 - Paging System 2. Bid #1062 - 12 Diesel Fuel 3. Bid #1064 - Diesel Replacement Parts ` 4. Bid 01071 - SCBA Equipment 5. Bid #1066 - Insulation 6. Bid #1069 - Hickory/Oak Paving and Drainage 7. P.O. 095603 - Physio Control ~II i B. Tax Refunds 1. Consider approval of a tax refund for Gene G. Morris. 2. Consider approval of a tax refund for Sunbelt Savings for $6,716.74. 3. Consider approval of a tax refund for Sunbelt Savings for $22,737.94. R i Iy' City of Denton City Council Minutes march 12, 1990 Page 6 j S 5, ordinances i The following ordinances were considered out of order. E. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue for the renovation of the old City steam plant. } Debra Drayovitch, City Attorney, stated the issues concerning the contracts had been discussed on several occasions, and she was ready to respond to questions. Mayor Stephens commended the attorneys, the Council Subcommittee, and the recipients for their efforts in finalizing the contracts. The following ordinance was considered: N0. 90-034 III AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENrON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE FOR THE RENOVATION OF THE OLD CITY STEAM i PLAN'TI AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye,' Gorton "aye,' Ayer "aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue for the arts. The following ordinance was considered: NO. 90-035 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE FOR THE ARTS; AND PROVIDING AN EFFECTIVE DATE, McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams 'aye," Alexander 'aye,' Hopkiii: 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. CiMatrcyh1 of2D,en1t99o0n City Council Minutes Pagc 7 r Robert Estes, 3600 Montecito Drive, President of the Greater Denton Arts Council, commended Council Member Gorton, Council Member Alexander, and the City Attorney for their hard work and cooperation. The Council resumed agenda order. A. The Council considered an ordinance accepting competitive bids and awarding a contract for the materials, equipment, supplies or services (4,A.1, purchase of 4.A.2, - Bid 01062, 4,A.3. - Bid #1064, 4.A.4, - Did #1060, - Hid #1071) The following ordinance was considered: NO. 90-030 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES AND SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. I McAdams motioned, Gorton seconded to adopt the ordinance. rortonvote, McAAdams "aye," Alexander "aye," Hopkins "ayeO,n" "aye," Motion carried unanimously, aye' and Mayor Stephens B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A,5, #10660 4.A,6, - Bid #1069) - Bid The following ordinance was considered: NO. 90-031 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. McAdams motioned, Gorton seconded to adopt the ordinance, on rortonvotee, McAdams "ayerw Alexander aye,' Hopkins "aye, ayet" Y a Boyd 'aye,' and Mayor Stephens "aye." Motion carried unanimously. C, The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.7, - P.O. #95603) I City of Denton City Council Minutes March 12, 1990 Page 7 Robert Estes, 3600 Montecito Drive, President of the Greater Denton Arts Council, commended Council Member Gorton, Council Member Alexander, and the City Attorney for their hard work and cooperation. f The Council resumed agenda order. A. The Council considered an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services (4.A.1. - Bid #1060, 4.A.2. - Bid #1062, 4.A.3. - Bid #1064, 4.A.4. - Bid #1071) The following ordinance was considered: N0. 90-030 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES AND SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins "aye," Gorton 'aye," Ayer 'aye,' Boyd "aye,' and Mayor Stephens 'aye.' Motion carried unanimously. B. The Coui,c'il considered adoption of an ordinance accepting competit;.:e bids and providing for the award of contracts for public corks or improvements. (4.A.5. - Bid #1066, 4.A.6. - Bid #1069) The following ordinance was considered: NO. 90-031 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF C04'TRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye," Gorton "aye," Ayer 'aye,' Boyd "aye,' and Mayor Stephens 'aye.' Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.7. - P.O. #95603) I I City of Denton City Council Minutes March 12, 1990 ` Page 8 The following ordinance was considered: r 140. 90-032 } i 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. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye," Gorton "aye,' Ayer 'aye," Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. D. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of I` contracts for the purchase of materials, equipment, supplies or services. (Bid $1070 - Rear Loading Refuse 'Trucks) Lloyd Harrell, City Manager, stated that the comprehensive back. M 1 up materials outlined the reasons that the vendor had been chosen for the recommendation on the item. Council Member Hopkins questioned what would be done with the two new trucks if in six months the Council chose not to continue in the solid waste collection business. Harrell stated that the purchase was for residential trucks. If the City would proceed with any proposal to sell the solid waste collection, it would be for commercial service and the proposal would contain a provision that the successful bidder would purchase the existing City equipment. Mayor Pro Tem Ayer requested that because the selection of the successful bidder had been based in large part on delivery time of 30 to 60 days that the delivery be monitored and reported to Council. Council Member Alexander stated that the initial discussions of waste disposal dealt with commercial, but in the course of development of that issue, the whole question of residential had come into consideration. The consensus of the Council was for an overall review of the waste disposal process within the City. The emphasis had been on commercial. However, residential had besn discussed. Mr. Harrell recommended that the issue of waste disposal be put on a future work session in order to clarify Staff's direction. Staff had been preparing specifications to go out for bid based upon someone taking over the commercial portion of our solid waste disposal. ti i } : City of Denton City Council Minutes March 12, 1940 Page 9 C t 14r. Alexander stated that for the sh o t term the direction staff was taking had been accurate. However, for the longer term, Council would still look at all possibilities and would keep all options open. I The following ordinance was considered: N0. 90••033 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIA1,S, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye,' Hopkins 'aye," Gorton "aye," Ayer "aye," Boyd "aye," and mayor Stephens "aye.' Motion carried unanimously. E. This item was considered earlier in the meeting. F. This item was considered earlier in the meeting. G. The Council considered adoption of an ordinance ' awarding a contract for the purchase of spot gas from Enserch Gas Company. Ernie TulloS, Director of Electric Utilities, stated that the contract was for Spot Gas from Enserch delivered to ` various points on the system. The other contracts considered at a previous meeting were for gas delivered to the Spencer Road plant. The difference between the contracts were that the City could pay a transportation fee to Lone Star if it were necessary to have gas delivered to points on the system which could be advantageous in the future if the City purchased more gas than it did presently. The following ordinance was considered: N0. 90-036 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SPOT GAS FROM ENSERCH GAS COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye,' layepl MayornsStephens Gorton aye, Ayer aye, y "aye." Motion carried unanimously. r • I I~ City of Denton City Council Minutes March 12, 1990 Page 10 H. The Council considered adoption of an ordinance III calling and ordering an election to be held in the City of, Denton, Texas, on May 5, 1990, for the purpose of electing council members to the City Council of the City of Denton, Texas to Places 5 and 6 and electing a Mayor to Place 7; ordering that the punch card electronic voting system adopted by Denton County be used in said selection; designating voting places and appointing electicn officials; providing for election supplies; and providing for notice of said election. The following ordinance was considered: No. AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN 'THE CITY OF DENTON, TEXAS, ON MAY 5, 19901 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO PLACES 5 & 6 AND ELECTING A MAYOR TO PLACE 7; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN SAID ELECTION I DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING F FOR ELECTION SUPPLIES; PROVIDING FOR NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, McAdams seconded to adopt ordinance. Council Member Gorton questioned that the ordinance caption did not address that the election would be a joint election with the school district, Debra Drayovitch, City Attorney, stated that the standard ordinance was used and a revised contract with the school District would be prepared addressing the precinct cnanges by ~J the county. Each respective governing body followed the practice of calling its own election. City Attorney Debra Drayovitch requested that the ordinance be postponed for consideration to allow her to verify information in the ordinance. Boyd motioned, Alexander seconded to table consideration to adopt the ordinance until Cour.cil had consultation with Attorney and convened into open session following the consultation. on roll vote, McAdams 'aye,' Alexander 'aye," Hopkins 'aye," Gorton 'aye,' Ayer "aye," Boyd 'aye,' and mayor Stephens "aye." Motion carried unanimously, E. The Council considered adoption of an ordinance retaining the lawfirm of Henderson Bryant & Wolfe to represent the City of Denton in claims and litigauion pending against the City. I i r { a City of Denton City Council Minutes March 12, 1990 Page 11 I Debra Drayovitch, City Attorney, stated that the item had been previously discussed in Executive Session. The following ordinance was considered: ` N0. 90-038 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF HENDERSON BRYANT 6 WOLFE TO REPRESENT' THE CITY OF DEN'TON IN CLAIMS AND LITIGATION PENDING I AGAINST THE CITY= AND PROVIDING FOR AN EFFECTIVE DATE, 3oyd motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins 'aye," Gorton "aye," Ayer "aye,' Boyd "ayr.,' and Mayor Stephens 'aye," Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution of the City of Denton, Texas, authorizing the submission of an application to the Texas Criminal Justice Division requesting funding for a special law enforcement unit to investigate child abuse viulations. Lloyd Harrell, City Manager, stated that Items 6,A., 6,8, and 6.C. were all related. Items 6,A, and 6,8. were continuation grants that the City had received first year funding last year I for the Child Abuse program and the DARE program, Item 6.C. was an initial grant request to help support the City's l narcotics unit authorized in the current year's budget. Captain Gary Matheson,the Police Department, stated that the first two grants were for continuation funding. The third grant would be used for narcotics equipment to be used in the new narcotics unit. The total grant was for $94,000-$950000 of which the City's cost would be approximately $35,000. The following resolution was considered: I NO. R90-009 A. RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING rHE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A SPECIAL ALW ENFORCEMENT UNIT TO INVESTIGATE CHILD ABUSE VIOLATIONS AND PROVIDING FOR AN EFFECTIVE DATE, McAdams motioned, Hopkins seconded to approve the resolution. On roll vote, McAdams "aye,' Alexander 'aye," Hopkins 'aye,' Gorton "aye," Ayer 'aye," Boyd "aye,' and Mayor Stephens "aye." Motion carried unanimously, i r c { City o: Denton City Council Minutes March 12, 1990 Page 12 B. the Council considered approval of a resolution of the C,iuncil of the City of Denton, Texas authorizing the submission of an application to the Texas Criminal Justice ! Division requesting continued funding for a drug abuse i resistance education officer. Tile following resolution was considered: NO. R90-010 A RESOLUTION BY THE COUNCIL OF THE CITY OF DENTON, TEXAS AU'THORIZIN? THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JJSTIl.E DIVISION REQUESTING CONTINUED FUNDING FOR A DRUG ABUSE RESISTANCE 17 EDUCATION OFFICER AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Gorton seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,' Gorton "aye," Ayer "aye," 3oyd "aye,' and Mayor Stephens "aye.' Motion carried unanimously. C. The Council considered approval of a resolution of the City of Denton, Texas, authorizing the submission of an application to the Texas Criminal Justice Division requesting funding for a special law enforcement unit to investigate and j combat the distribution of controlled substances. The following resolution was considered: NO. R90-011 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A SPECIAL LAW ENFORCEMENT UNIT TO INVESTIGATE AND COMBAT THE DISTRIBUTION OF CONTROLLED SUBSTANCES; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Boyd seconded approval of the resolution. On roll vote, McAdams "aye," Alexander 'aye,' Hopkins "aye,' Gorton "aye," Ayer "aye," Boyd 'aye," and Mayor Stephens "aye.' Motion carried unanimously. 7. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, stated that the current month's sales tax receipts were up slightly over budget projections. He stated that the sales tax revenue was still down from budget projections. Council Member McAdams questioned if it would be possible to determine where the sales tax dollars were coming from. I City of Denton city council minutes Match 12. 1990 Page 13 Mr. Harrell stated that the State Department of Revenuefiuld not make available a listing of receipts by particular general However, they would provide a gross estimate by g category. Cou McA thatetheeVistatRidgeoMall hads openedecelpts ack fornretailmsales nod Mr. Harrell stated that the State Department of Revenue did breakdown figures into sub-categories, but that it would be difficult to identify the Mall merchants from all City merchants. g. There was no official action taken during the work Session Executive session. f 9, New Business j The following items of New Business were suggested by Council Members for future agendas: Council Mombet Gorton stated that he wanted to be certain that the remaining contracts for the distribution of Lalor funds would appear on agenda. the next 10. The Council convened into Executive session to discuss considered legal matters (considered action in a R, e' Floes. co settlement of Ve[hotz vs. city, Gladden vs City. a al. and Patel ys Cireal an estate id arnd cboa d/personnel taappointments Champion). (considered appointments to the Airport Advisory Board, commission cable and AdvisCoorye Board). Traffic silding Code Board, The Council convened into open session and took the following action: S. H. The Council considered adoption of an ordinance calling attd ordering an election to be held in the City of Denton, Texas, on May 5, 1990, for l hof the e u posty of electing council members to the City of , Texas to Places 5 and 6 and electing a Mayor to Place 7: ordering that the punch card electronic voting system adopted by Denton County be used ein said lection elcetion. designating otfor places and appointing s: pring election supplies; and providing for notice of said election. McAdams Motion motioned. carried nder seconded to remove item from the t i. City of Denton City Council Minutes March 12, 1990 Page 14 Mayor Stephens stated that the City Attorney !iad briefed the Council on her concern in the election ordinance. Debra Drayovitch, City Attorney, stated that she had been concerned that a change in polling place in District No. 1 from the American Legion on Lakey Street to the Martin Luther King, Jr. Recreation Center on Morse Street had not been submitted to the Justice Department. All changes in polling places must be approved by the Attorney General's office. Ms. Drayovitch stated that tl~e appropriate paperwork had been located and had been submitted and her concerns had been abated. The following ordinance was considered: N0. 90-037 AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 5, 1990, FOR THE PURPOSE OF ELRCTING COUNCILMEMBERS TO 'THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO PLACES 5 & 6 AND ELECTING A MAYOR TO PLACE 7; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY HE USED IN SAID ELECTION ; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALSI PROVIDING FOR ELECTION SUPPLIES; PROVIDING FOR NOTICE OF SAID ELECTIONS AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vota, McAdams 'aye,' Alexander "aye," Hopkins "aye," Gorton "aye,' Ayer "aye," Boyd "aye," and Mayor Stephens 'aye." Motion carried unanimously. The council reconvened into Executive Session. The Council con%ened into open session and took the following action: A. Ayer motioned, Hopkins seconded to appoint Allie tiiller to Airport Advisory Board, C.C. Sexton to Cable Television Advisory Board, and Carl Guess to Citizens Traffic Safety Support Commission. Motion carried unanimously. B. The Council visited with the City Manager about 21 Seminar. at aTplaceconsensus be the was toehold the Council Update Planning determined. The Council authorized the manager to contact Bob Saunders to lead discussion regarding long ran,e planning of Council goals at the seminar, a I S 1 'F 1 i A 1 i 1 t4 1 r i f City of Denton City Council Minutes March 120 1990 Page 15 } a ~ With no further business, McAdams motioned, Boyd ,rhe on meeting adjournment. Motion carried unanimously. adjourned at 8:146 p.m. {I! I ~ I RAY STEPHENS, MAYOR CITY OF DENTONO TEXAS 1 i i DEPUTY CITY SECREPARY CITY OF DFISrONO 'PEXAS 4939M i ACTLON REQUEST FORM T0: Legal Department DATE: FROM: G'• t/tr DEPT.: Request eviewed and approved by Dept. Dir.: (Signature) 1. Information and Instructions: o All requests will be processed in the order received unless priority is spproved by the City Manager. Priority Approval: o If the request requires a real property description, attach a correct TYPEViAITTEN description as a marked exhibit (Ex.: Exhibit "A") and if prepared on word processor include the document identification number. o If the request is for an amendment, repeal or concerns a provision of tt,e Code of Ordinances, cite the applicable j section(s) of the Code. o If the request is for review, interpretation of, or amendment to a contract, leans or other document(s), attach hereto. 2. State Action Requested and Include: or Attach All Necessary In format On: 11~h A-- -J •r~wrrrrrr~srrrrrrrrrrrrrrrrsayrrrrrrrrr.~rrrrsrrrrrrrrsrrrrrrr~rrrre• For Leta1 Deoartnent Use OalX Date Received: Aseiped Tot AD JM R# JD JS I Due Date: i Assipsjut Datst i h Out Date: Request cannot bs processed bscausa: „ Reviewed ay: Date: REQUL9T NO. e~ 09191 DOCUMENT(S) PREPAIM r f i 4 I i a • I'ROC IA,XL1T'ION 11'hcreas: IxrsitiVC leisure eyrericaces are vital tuk(>t)i pltysiral asap ntcntal i health rnhturri,'q the dualit} of lilt fior all [ndi%iduals. ;utd ' r Micreas: the rccreatlon vrd park prcl' lion has made a ~.ornmi cr provide rli>crsc fttn curd fltncss programs for yout}t ofall abilities, enhancing their (overall fitness and health. and 4 1111creas: re creation programming can help combat the problems ol-juvertile dcllnquency, drntg abuse, and general depression by high gluing nc\savenucs of interest for the'Vouth ofthe commttnity through "F rerctse the Right Choice" substance almse awareness and pre tendon campaign, and i 11ltereas: The rational Recreation and Park Association's Fun and Fitness r I Program has pro%lded a model for f lifelong commitment to physical fitness, and (Forts encouraging a i 11'trereas: -Vg e lcndershi f recognl"s the contributions and y In [mprov. Ing the qu:nlity of life for apps cI n-im Now therctnre, 1 hereby proclaim: -NAY10N. -YOL'ITi FL1 ANI) Fp71 ESS g~ti _tl ',%ON ANO ~fgt'~~~ a ✓ ~V Notti , Ma,,.,czs Cam, fA'A?s .ib e~ s B c►o a)i a Vw 0* 4D,4 - O r CI'PY OF DENTON CITY COUNCIL MINUTES i MARCH 20, 1990 r~ The Council convened into the Work session at 5:15 p.m. in the Civil Defense Room. PRESEN'P: Mayor Stephens: Mayor Pro Tem Ayerl Council Members Boyd, Gorton, Hopkins and McAdams. ABSEK'P: Council Member Alexander 1. Executive Session The Council convened into the Executive Session to discuss legal matters (considered action in In Re: Flow, Woodson vs. CCitt and Gladden vs. Cit , and discussed claim of Larry CCFampion), rea estate, an person..nei/board appointments. 2. The Council received a report and held a discussion concerning feasibility of intersection improvements of Bell at McKinney. Jerry Clark, City Engineer, stated that the study was a bottle-neck study. The recommendations were that the most efficient alternative was to add an additional lane on McKinney Street. The main purpose was to establish left turn lanes so that left turning vehicles would be out of the through lanes and allow two through lanes in each direction. Access management was also proposed which would close several driveways along McKinney. The property owners in the area had been contacted and did not have an opposition to the proposal. It was also proposed that the curb cut on McKinney to City Hall be closed with access only on Oakland. Reasons for deciding on McKinney Street improvements rather than Bell Avenue improvements included greater turn volumes on McKinney, improved average delay, lower cost of right-of-way and less loss of parking. Funding for the project came from two sources - the Loop 288 and 135 turn lane project ($401000) and the Lillian Miller project ($800000). The 191 Committee had recommended that this was a suitable location to spend the extra funds. Consensus of the Council was to proceed with the plan as presented with a hold on the closing of the entrance to City Hall. Council Member Alexander joined the meeting. y f I 1 r i i City of Denton city council minutes March 20, 1990 Page 2 3. The Council received a briefing regarding formation of an Enterprise Zone. Betty McKean, Executive Director for Municipal Services and Economic Development, stated that an enterprise zone was a special district to promote economic development. One of the most significant benefits of a local enterprise zone was that the zone functioned as both a reinvestment zone and a tax increment financing zone which were required for a city to give a property tax abatement or in order to refund local sales taxes. An enterprise zone created options for local governments to provide both state and local incentives. McKean reviewed the list of incentives local governments could choose from. She stated that there were no direct costs associated with creating an enterprise zone and no commitment to provide incentives once the zone had been created. Frank Robbins, Executive Director for Planning, reviewed the criteria involving disadvantaged/unemployment areas. In order to be designated as an enterprise project, a zone must have an unemployment rate of at least 1.5 times the local, state or national average over the moat recent 12 months. It must also meet one of the following criteria: 209 of residentE below poverty, 701 of 801 of the residents of the zone must be below median income, 251 of the buildings or structures within the zone were abandoned, and property tax arrears exceeding 251 than that of the city. The Planning Department had studied census and employment data and concluded that the City fell within established criteria for the two proposed zones. McKean continued with a proposed schedule of events. The zones had been identified, the census information had been analyzed and felt that it met the economically distressed criteria. A public hearing was necessary which was scheduled for the April 17 meeting. Consensus of the Council was to proceed with the application and public hearing as presented. The Council then convened into Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None II ~I 1 i City of Denton City Council Minutes March 20, 1990 Page 2 i The Council received a briefing regarding formation of an Enterprise Zone. Betty McKean, Executive Director for Municipal Services and Economic Development, stated that an enterprise zone was a special district to promote economic development. One of the most significant benefits of a local enterprise zone was that the zone functioned as both a reinvestment zone and a tax increment financing zone which were required for a city to give a property tax abatement or in order to refund local sales taxes, An enterprise zone created options for local governments to provide both state and local incentives. McKean reviewed the list of incentives local governments could choose from. She stated that there were no direct costs associated with cleating ar enterprise zone and nn commitment to provide incentives once the zone had been created. Frank Robbins, Executive Director for Planning, reviewed the criteria involving disadvantaged/unemployment areas, in order to be designated as an enterprise project, a z^ne must have an unemployment rate of at least 1.5 times the local, state or j : national average over the most recent 12 months. It must also meet one of the following criteria: 208 of residents below poverty, 701 of 80% of the residents of the zone must be below median income, 251 of the buildings or structures within the zone were abandoned, and property tax arrears exceeding 250 than that of the city, The Planning Department had studied census and employment data and concluded that the City fell within established criteria for the two proposed zones. McKean continued with a proposed schedule of events. Thr zones had been identified, the census information had been analyzed and felt that it met the economically distressed criteria. A public hearing was necessary which was scheduled for the April 17 meeting, Consensus of the Council was to proceed with the application and public hearing as presented. The Council then convened into Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens= Mayor Pro Tem Ayert Council Members Alexander, Boyd, Gorton, Hopkins and cAdams. ABSENT: None i i I i'6{ I. I~ S I City of Denton city council Minutes March 20, 1990 Page 3 1. Presentation of a resolution of appreciation. for Dale + Elrod. The following resolution was considered: i1J. 890-012 RESOLUTION OF APPRECIATION OF DALE ELROD Gorton motioned, Ayer seconded to approve the resolution. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye," Gorton 'ayeAyer "aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. 2. Consent Agenda McAdams motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase orders: c 1. Bid #1074 - Aerial Bucket Device • 2. Bid $1015 - Water Treatment Chemicals 3. Bid #1077 - Rental of Street Construction Equipment 4. Bid 01078 - Sludge injection Tractor 5. P.0. #95164 - Motorola Communication B. Tax Refunds ~J 1. Considered approval of a tax refund for Carriage Square Assoc./Kostel Inc. 2. Considered approval of ,i tax refund for Barbara L. Fowler/American Title Co. 3. Ordinances A. ThP Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (2.A.1. - Bid #1074, 2.A.2. - Bid #1075, 2.A.3. - B $1017, 2.A.4. - Bid $1078) I r r I n I I I I I I t 1 i I i I City of Denton City Council Minutes March 20, 1990 t Page 4 The following ordinance was considered: NO. 90-039 Ad 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. McAdams motioned, Gorton seconded to adopt the ordinance. On I roll vote, McAdams 'aye,' Alexander layer' Hopkins 'aye," Gorton 'aye," Ayer layer' Boyd 'aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered 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 :ompetttive bids. (2.A.5. - P.O. #95164) The following ordinance was considered: NO. 90-040 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCO2DANCE WITH THE PROVISIONS OF STATE LAW EXEMPTINf SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Gortoe seconded to adopt the ordinance. On roll vote, McAdams 'aye," Alexander "aye," Hopkins 'aye,' Gorton "aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens "aye.' Motion carried unanimously. C. The Council considered adoption of an ordnance authorizing the mayor to execute an agreement between the City of Denton and Denton Chamber of Commerce for the payment and use of hotel tax revenue. Mayor Pro Tem Ayer noted that the division of funds would not include one entity if the allocation were reduced to $.06. He asked which entity was bein-7 left out. Debra Drayovitch, City Attorney, replied that funds for the steam plant would not allocated if the figure were $.06. i City of Denton City Council Minutes March 20, 1990 Page 5 The following ordinance was considered: N0. 90-041 AN ORDINANCE AUTHORIZING 'THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL ` TAX REVENUE: AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams `aye,' Alexander 'aye,' Hopkins "aye,' , Gorton "aye," Ayer 'aye,' Boyd "aye,' and Mayor Stephens 'aye." Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton County Historical museum for the payment and use of hotel tax revenue. I The following ordinance was considered: N0. 90-042 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL MUSEUM FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE. Alexander motioned, Hopkins seconded to adopt the ordinance. on roll vote, McAdams 'aye," Alexander "aye," Hopkins "aye,' Gorton 'aye,' Ayer "aye,' Boyd "aye," and Mayor Stephens' 'aye.' Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton County Historical Foundation for the payment and use of hotel tax revenue. The following ordinance was considered: N0. 90-043 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE1 AND PROVIDING AN EFFECTIVE DATE. I F. The Council considered adoption of an ordinance prohibiting parking of vehicles on both sides of Bonnie Brae Street, from old Bonnie Brae Street to U.S, Highway 77. (Citizen's Traffic Safety Support Commission recommended approval.) 0 c I I City of Denton City Council Minutes March 20, 1990 Page 6 Council Member Boyd asked if the residents in the area had been contacted regarding the removal of street parking. Rick Svehla, Deputy City Manager, replied that it was not done ` on a regular basis. Council Member Boyd stated that there was a church in the area. i Deputy City Manager Svehla replied that it was located on a side street. r Council Member Boyd stated that he would not be comfortable voting for the ordinance before he knew the feelings of the residents in the area. Alexander motioned, Ayer seconded to postpone action on the ordinance until the next regular Council meeting to allow staff to contact residents regarding tho removal of street parking. k On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins "aye,' Gorton "aye," Ayer 'aye,' Boyd "aye," and Mayor Stephens 'aye.' Motion carried unanimously. " G. The Council considered adoption of an ordinance prohibiting parking of vehicles on both sides of Acme Street, from U.S. Highway 377 to Bernard Street. (Citi.zen's Traffic Safety Support Commission recommended approval.) The following ordinance was considered: i ' N0. 90-044 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF ACME STREET, FROM U.S. HIGHWAY 377 TO BERNARD STREETI PROVIDING A SEVERABILITY CLAUSEI PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. i Hopkins motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins "aye,' Gorton "aye,' Ayer 'aye," Boyd "aye,' and Mayor Stephens 'aye.' Motion carried unanimously. i ` H. The Council considered adoption of an ordinance prohibiting parking of vehicles on both sides of Tom Cole Road from a point 500 feet East of Masch Branch Road to a point 500 feet west of Masch Branch Road. (Citizen's Traffic Safety Support Commission recommended approval.) t G 1 City :f Denton city council Minutes March 20, 1990 Page 7 1 Rick Svehla, Deputy City Manag,ar, stated that the particular section of road was within the airport clear zone. People would park along the road to watch planes take off and land, often littering the area. As there was not an ordinance prohibiting parking in the area, there was no means of effectively stopping the practice. The Citizen's Traffic Safety Support Commission recommended approval. The following ordinance was considered: i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF TOM COLE ROAD, FROM A POINT 500 FEET EAST OF MASCH BRANCH ROAD TO A FVINT 500 FEET WEST OF MASCH BRANCH ROAD) PENALTY NOPPROVIDING EXCEEDE TWO BHUNDRED CLAUSE: DOLLARS; AND PROVIDING DECLARING AN EFFECTIVE DATE. E Hopkins motioned, McAdams seconded to adopt the ordinance. On ` roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye," and Mayor Stephens 'aye.' Motion carried unanimously. i 1. The Council considered adoption of an ordinance prohibiting parking of vehicles on both sides of Audra Lane, from its intersection with McKinney Street to its intersection with Paisley Street. (Citizen's 'T'raffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this particular section of road had no shoulders and that the pavement was just wide enough for two through lanes of traffic to each direction. Adjoining properties were mostly businesses and apartments which had adequate on-site parking. The following ordinance was considered: NO. 90-046 AN ORDINANCE OF THE CITY OF 0;,NTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES 0? AUDRA LANE, FROM ITS INTERSECTION WITH MCKINNEY STREET TO ITS INTERSECTION WITH PAISLEY STREET) PROVIDING A SEVERABILITY CLAUSE) PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS) AND DECLARING AN EFFECTIVE DATE. Alexander motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander 'aye,' Hopkins 'aye," Gorton 'aye,' Ayer 'aye,' Boyd "aye,' and Mayor Stephens 'aye.' Notion carried unanimously. I i ' I f~ 4 f 7 City of Denton City Council Minutes March 20, 1990 Page 8 I ~ J. The Council considered adoption of an ordinance approving Amendment No. 1 to an agreement between the City of Denton and the Denton Independent School District to hold their elections jointly in the election districts that can ba served by common polling places. Debra Drayovitch, City Attorney, stated that the amendment was necessary due to the County changing precinct numbers. The following ordinance was considered: f NO. 90-047 AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT TO HOLD THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES; AND PROVIDING FOR AN EFFECTIVE DATE. I McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "ayo," Gorton "aye," Ayer "aye,' Boyd layer' and Mayor Stephens aye. Motion carried unanimously. 4. Miscellaneous matters from the City Manager. ` Lloyd Harrell, City Manager, presented the following item: A. The Council hid received a draft of the budget priorities questionnaire. Staff was requesting Council review the document and notify him of any revisions that migtA be necessary. Council Member Gorton left the meeting. 5. There was no official action taken during the Work Session Executive Session. 6. New Business The following items of New Business were suggested by Council Members for future agendas: h, Council Member Hopkins requested a comparison of the old/new regulations for building contractors. B. Council Member McAa~ma presented an update from the Texas Association of Black Elected Council Members. The organization was working on getting minorities more involved in local government. L ! r 1'.111I ! I II I~ f t I I City of Denton City Council Minutes March 20, 1990 Page 9 } C. Council Member Boyd suggested a presentation at r an upcoming N.I.C.E. meeting regarding the procedures for using the MLK Center. He had received some complaints on the inaccessibility of the building to residents of the neighborhood. 7. The Council did not meet in Executive Session during the regular session. with no further business, the meeting was adjourned at 7:50 p.m. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ! JEt3MiSir WACTE i CITY SECRETARY i 3246C i I ~J I I I CITY OF DENTON CITY COUNCIL MINUTES APRIL 3, 1990 j I The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro rem Ayer: Council Members alexandar, Boyd, Gorton, Hopkins and McAdams. ABSENT: None 1. The Council convened into Execative Session to discuss legal matters (considered action in In Re: Flow, considered approval of order of Sale of properties-7R non-payment of ad valorem taxes), real estate (considered acquisition of 1 right-of-way for Nottingham Drive), and personnel/board appointments (held a discussion regarding the hiring of an additional part-time Municipal Judge, considered an appointment to the Criminal Justice Council, considered appointments to the Building Code Board and the Electrical Code Board.) 2. The Council received a report on the Denton Beautification Commission and a status report on "Keep America Beautiful' Certification. ' Cecile Carson, Administrative Analyst, reviewed the projects undertaken by the Beautification Committee which included ' 'Waste in Place" in the elementary schools, Earth Day, and Keep America Beautiful. Carson reviewed the requirements for certification for the "Keep American Beautiful' project. The Beautification Task Force had questions concerning the organization of the project. Should it be under the Beautification Task Force or a separate entity. Council Member Alexander stated that the group night need to be reorganized through formal action. Mayor Stephens asked about the number of members for the committee. Consensus of the Council was to have staff present ideas/suggestion; on how to reorganize the group to the Council at a future meeting. 3. 'The Council received an update regarding the Enterprise Zone. David Pitntick, Administrative Assistant, presented a revised map of thq enterprise zones which more closely met the state requirements for economically distressed areas. It also made better use of the property. Pitstick reviewed the proposed incentives and stated that staff was recommending that the incentives be identical for both zones, at least initially. ' I city of Denton city council minutes April 3, 1990 Page 2 i The proposed incentives had been divided into four categories or tiers. Tier I provided a description of the incentives which every business within the zones were eligible for. Tier II described those incentives which businesses might apply for if they met certain criteria established through local ordinances or guidelines. Tier III covered a narrow program of state incentives that the City intended to offer for three smaller businesses each year (between each zone). The City would be responsible for choosing the businesses. Tier IV included the state enterprise project designation incentives which allowed two selected businesses within each zone to apply for refunds of state sales taxes on purchases of machinery and equipment within certain limits. State approval was needed 'or the selected businesses. Lloyd Harrell, City Manager, stated that except for the tax abatement program which would probably be adopted in the near I future, all the other incentives were already given by the City. i Council Member Boyd stated that one of the principle reasons for the enterprise zone was to attract business but that one of the principle benefits was employment of the disadvantaged in that zone. He wanted to make sure that when the boundaries I were redefined, that that point was kept in mind and not only going for industrial property. Pitstick replied that that was one of the key issues, that the area met the economically distressed criteria. He then reviewed the proposed schedule for the development of the zones which included a joint public hearing with the Denton Independent School District, Denton County and the City of Denton Tax Abatement Committee for adoption of community tax abatement policy on April 12, 1990, a City Council public hearing to establish enterprise zones in nenton on April 17, 1990, and a second reading and adoption o% the tax abatement policy and ordinance to establish the Denton enterprise zones on May 1, 1990. I 4. The Council held a discussion regarding the revised building permit I>rocess. I~ Prank Robbins, Executive Director for Planning, stated that last year the Council indicated to staff that it wanted the process streamlined for the building permit process. The new process shortened the process from two - three weeks to and reduce application The process oc a ssbuwas ar. ild.ng effort time potentially between four days, permit to permit issuance except for one and two family development which already had a syatem in place. As plans were similtaneously reviewed in the Development Review Committee, additlonal sets F of plans were requested. In the past there was only one set of plans and each department had to review that one set which lengthened the review process. i I r F. t City of Denton City Council Minutes j April 3, 1990 Page 3 l A checklist had been provided of materials and information needed by staff. Staff would be reviewing the list for any changes that might be necessary such as eliminatirg some requirements. Mayor Pro rem Ayer asked if the new GIS equipment might help with some of the needed information. Robbins replied yes after all the information were imputed. Council Member Gorton asked if a conflict came up between a builder and an inspector regarding a set of plans, was there one individual who would render a decision regarding the plans. Robbins stated that the plans would have to be inspected according to the approved plans. Council Member Hopkins stated that she hid a list of requirements that the City required that no one else required. She asked that as the process was refined, coulI staff go to a meeting of the Builder's Association to explain the process. Mayor Stephens asked if a check had been made of other cities to see if they weri streamlining their process, particularly Lewisville as they had Just updated their system. Council Member McAdams stated that it would be better if the process took two weeks if it were right than for it to take four days and be wrong. Council Member Boyd stated that the rules needed to be understood by all and that they be applied uniformly and consistently. 5. The Council held a discussion regarding proposed changes in policy for candidate water/sewer lines. Bob Nelson, Executive Director for Utilities, reviewed the background information on the policy. The Land Use Planning Committee developed a concept of balanced growth - not only geographically but also between residential and industrial growth. The Public Utility Board devised a $5000040 a year concept in which different areas would be looked at and that money would be available to help industrial customers or some type of development. Out of that process, a whole list of criteria and schedules were developed. It was felt that the guidelines became quite complicated and unworkable. The Public Utilities Board was suggesting the following policies; (1) during its annual review of the Utility Department's Capital Improvement.9 Plan, the Board would consider the allocation of $540,000 for the construction of candidate water and/or sewer lines to serve only industrial prospects which had committed to I : rl i r t City of Denton City Council Minutes April 3, 1990 Page 4 r building facilities in Denton, (2) the City of Denton would adopt a policy of "responding' to growth rather than attempting to 'lead' growth, (3) all candidate water and sewer lines would be submitted to the Public Utilities Board to be considered on a case-by-case basis, (4) only those candidate water and sewer lines which would serve an industrial prospect which had committed to building facilities within the CIty of Denton, Texas, would be considered, (5) the Public Utilities Board would prescribe and obtain from each industrial prospect appropriate evidence of the prospect's commitment to building facilities within the city of Denton, Texas, (6) upon review of such evidence of commitment, the Public Utilities Board fright recommend to the Planning and Zoning Commission that funds be made available to provide water and/or sewer service to the prospect's facilities, (7) annual funding, through the Capital Improvements Plan, in the amount of $500,000 for the construction of candidate water and sewer lines would be continued, but the cumulative total of such funding would not exceed $2 million at any time. These proposals had not yet been to the Planning and Zoning Commission. Council Member Gorton asked about keeping some money for non-industrial purposes. I Nelson replied that $150,000 would be placed in the Capital Improvements Plan for non-industrial purposes. Council Member McAdams suggested that the wording 'lead'/'follow" might not be appropriate. She felt that the intent was to be able to respond to a proposed development. It ~J was not proposed that sewer/water lines would be developed in advance, in anticipation of future development. The funding ability was needed to be available so that when a prospect came along, negotiations could be done. Mayor Pro Tem Ayer stated that he had reservations about the proposal as it proposed very substantial changes in policy. He was concerned about the change as he felt the concept of balanced/compact growth was a valuable one and should be preserved. He was also concerned that this was a key part of the report of the Land Use Planning Task Force which he did not want to see abandoned, Nelson replied that the concept was still there. It was saying that the money was available but instead of trying to put it in the ground where nothing existed and no commitments existed, it was making the money available. 'The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. k 4 i i r I ,t i City of Oenton City Council Minutes April 3, 1990 t Page 5 r i PRESENT: ,Mayor Stephens; Mayor Pro Tem Ayer; Council 3 Members Alexander, Boyd, Gorton, Hopkins and McAdams, j ABSENP: None 1. Presentation of Xard of the Month Awards. Mayor Stephens presented April Yard of the Month Awards to Jasper Fred Kobler, Patsy Anderson, and McDonald's. The Mayor then presented proclamations for 'Just for Kids', Fair Housing Month, and week of the Young Child', 2. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance with regards to a change in the zoning classification from Single family SF-7 to Planned Development District (PD) on a 12.33 acre tract located east of Malone Street and south of U.S. Highway 380. Z-89-009 (The Planning and Zoning Commission recommended approval.) The mayor opened the public hearing. Gilbert Bernstein, Assistant Superintendent for Business Affairs, stated that this was a request for a rezoning request from SF-7 to C. Land would be donated for a park and a green belt area for the City. A change in zoning would put valuable property back on the tax rolls. No one spoke in opposition, The mayor closed the public hearing, Harry Persuad, Senior Planner, stated that the zoning change request was for 12.33 acres. He showed slides of the area which was located in a moderate activity center. The proposed uses would be for a restaurant, office and retail uses. Council Member Boyd asked about the sale of beer/wine both off-premise and on-premise. Persuad replied that there would be no conflict with existing regulations. Council Member Gorton asked about parking spaces along the Highway Department's right-of-way. If the State wanted to use the right-of-way, would spaces be lost. ( i E E } E City of Denton City Council Minutes April 3, 1990 f Page 6 Persuad replied that the DiSD was negotiating for 6.9 acres of State right-of-way. If the DISD could not obtain the s right-of-way, an alternate plan would be used. i Lloyd Harrell, City Manager, stated that this was a good a.)proach between the City and School District. It allowed for the sale of the property and still protected city development. i The following ordinance was considered: NO. 90-048 AN ORDINANCE OF THE CITY OF DENPON, TEXAS, PROVIDING FOR A CHANGE FORM SINGLE FAMILY 7 (SF-7) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 12.33 ACRES OF' LAND LOCATED EAST OF MALONE STREET AND SOUTH OF U.S. HIGHWAY 380, AS IS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR THE DISTRICT] AND PROVIDING FOR AN EFFECTIVE DATE. v i McAdams motioned, Gorton seconded to adopt the ordinance. On 1 roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye,' Gortan 'aye," Ayer "aye,' Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance for a zoning change from Planned Development 40 to Single Family 7 (SF-7) for 1.603 acres located between Bell Street and Mingo Road and south of Withers I Street. (The Planning and Zoning Commission recommended approval.) Z-90-002 The Mayor opened the public hearing. Bud Hauptman, Metroplex Engineering, stated that the property was located across from a park on sell and extended through to Mingo Road. It was currently zoned PD-40 for office use. The southern portion of the property had already been developed for office use and 1.6 acres was currently undeveloped. The petitioners wished to build a church on the property. Y No one spoke in opposition. The Mayor closed the public hearing. Jane Brady, Urban Planner, stated that this would be a change in zoning from PD-40 to SF-7. The applicant would build a church on the property. She showed the Council slides of the area. r' I i 1 City of Denton City Council Minutes April 3, 1990 Page 7 The following ordinance was considered: 'i NO. 90-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT "PD" TO SINGLE FAMILY 7 "SF-7" ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.603 ACRES OF LAND LOCATED BETWEEN BELL STREET AND MINGO ROAD AND SOUTA OF WITHERS STREET, AS MORE PARTICULARLY DESCRIBED HBREINI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOFI AND PROVIDING FOR AN EFFECTIVE DATE. Hopk!.na motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye,' Alexander "aye," Hopkins 'aye,' Gorton "aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. C. The council held a public hearing and considered adoption of an ordinance for a zoning change from Office (0) to Mull i-family 1 W-2) for 3.232 acres, located at 2424, 2444, and 2524 West Oak. (The Planning and Zoning Commission recommended approval.) Z-90-001 • The Mayor opened the public hearing. Ernie Simpson, owner/petitioner, stated that the zoning change was necessary as an attempt to refinance the property. Financial institutions were not prone to lend money on property that would not be allowed to rebuild if over 501 were destroyed by fire or ocher causes. With the Office "0" designation, he would not be allowed to re:.)uild if necessary. No one spoke in opposition. The Mayor closed the public hearing. Jane Brady, Urban Planner, stated that this was a rezoning from office "0' to MF-2 to oring the zoning Into compliance with existing use. The property was a 100 unit apartment complex located on Oak Street. The following ordinance was considered: NO. 90-050 AN ORDINANCE OF THE CITY OF DEN'TON, TEXAS, PROVIDING FOR A CHANGE FROM OFFICE 10' TO MULTI-FAMILY 2 'MF-2' ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOTt 3.232 ACRES OF LAND, L01ATED AT 2424, 2444, and 2524 W. OAK STREET, AS MORE PARTICULARLY DESCRIBED HEREINI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOFI AND PROVIDING FOR AN EFFECTIVE DATE, i City of Denton City Council Minutes April 3, 1990 Page d McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. D. the Council held a public hearing and considered the secondary effects of ~3exually oriented businesses and the adoption of an ordinance to regulate these businesses. (T tie Planning and Zoning Commission recommended approval.) 1 The Mayor opened the public hearing. Brooks Heimer stated that he wantmd the City to take action before this type of business migrated to Denton. The secondary effects of this type of business were documented. He also encouraged the City to enforce laws already on the books retarding State obscenity laws in such stores as convenience stores. Diane Edmundson, speaking for se✓eral woman's groups, while in favor of the ordinance, took exception to the fact that there was no licensing requirement. The original ordinance did have a license requirement but the revised ordinance did not. She was told that the license requirement was removed due to additional time and expense for staff to license the businesses and a potential for litigation. She felt that the positive effects outweighed an negative effects. Joe Dodd spoke against one portion of the ordinance. He felt that the intent of the definition section was explicit material which was 'X' rated or ar unrated movie since 1959. The definitions in the proposed ordinance would include 'PG' and -J 'R' movies. The easiest solution was to use the Motion Picture Association rating and exclude 'R' and 'PG' from the classification. The Mayor closed the public hearing. Harry Persuad, Senior Planner, stated the the regulation of sexually oriented bu3inesses had been heavily litigated because it implicated the freedom of speech provisions of the First Amendment. The proposed urdinance did not intend to pose a limitation or restriction on the content of any communicative materials including sexually oriented materials. The ordinance intended to regulate the lonation of sex oriented businesses because there was overwhelming evidence to show that those typed of businesses impacted land use, health and safety and welfare of the citizens. The Planning and Zoning Commission had worked on the proposed ordinance for over a year. Persuad presented background information on the secondary effects of sexually oriented businesses which included increased crime, decreased property values and a difficulty to rent office I I ;p t i i City of Denton city council Minutes April 3, 1990 Page 9 space, limited hours of operation, increased litter and graffiti, detrimental effects of morals and safety of children. He also presented statistics from cities nation--wide regarding secondary effects of sexually oriented businesses. A summary report of the findings of the Planning and zonino Commission was presented, (Exhibit A) Council Member Alexander stated that Council should go on record recognizing the facts concerning the secondary impact of sexually oriented businesses and recognize that that had been inserted into the record and Council had been made fully aware of those findings, Council Member Boyd stated that it was important to note that the hearings from Planning and zoning had been extensive and the research done wa3 extensive. He felt it was important for the future record that the reason for the adoption of the ordinance was not to attempt to diminish any constitutional rights but rather to protect legitimate civic interests. Persuad then reviewed the provisions of the proposed ordinance, (Exhibit A) Council Member Gorton asked if the definition of adult bookstore/adult video store would suparcedo the definition of sexually oriented business and clarify the issue raised by Mr, Dodd. Persuad replied that the definition used "principal form of business'. There were four conditions which defined a video store, it allowed an existing video store to accommodate up to 301 of their video in stock to be of a type described in the ordinance. Staff had done a survey of some of the existing video stores and following the definitions in the ordinance, the City did not have a sexually oriented business in the City. Council Member Hopkins stated that Council understood that none of the video stores were in violation of the proposed ordinance nor were they any where near close to 309. What Mr. Dodd was saying and what the council was concerned about was that the ordinance would make movies that had an 'R' rating count as part of the 301, Dodd was asking that another definition be made that did not count an "R" film or anything rated since 1959 as going toward the 301. Persuad stated that staff had looked at that issue and felt that staff could not get into the rating of films. Council Member McAdams asked for a definition of 'fondling' and 'simulated' as proposed in the ordinance. 4 1 t 6 I i I y City of Denton City council minutes April 3, 1990 Page 10 Council Member Alexander felt that Mr. Dodd's suggestion was a very logical and reasonable suggestion and for the safety of the ordinance and the purpose of maintaining its integrity on the books, it should be incorporated into the ordinance. Joe Morris, Assistant City Attorney, stated that the definition used was from the Dallas ordinance which was taken from the Supreme Court case of Miller vs, California. He felt that the Council's question was that since the def nition included the touching of female breasts would encompass so many films, that they would qualify as sexually oriented businesses. If that were the case, the Council might want to remove that part of the definition. Council Member Alexander felt it would be much simpler to use the motion picture rating system. E Morris replied that the problem with that rating would be the City would have no control over the rating system. If the system were changed, the City would not have any control over the situation. Council held a discussion regarding the type of activities and the percent of activities counted toward the video percent. Discussion included the classification of adult video stores. Council had questions regarding specific definitions and whether or not to use the Motion Picture Association of America rating system. It was also suggested that a license requirement be looked at again. ' Boyd motioned, Hopkins seconded to postpone action on the ordinance until the next regular meeting, April 17, 1990, to give staff more time to review the definitions. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye,' Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion i carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance amending Appendix B, Zoning Ordinance, I Article 11, Sign Regulations to meet State Department of Public ' Highways and Transportation Department's requirements for certification. (The Planning and Zoning Commission recommended approval.) i The Mayor opened the public hearing. ` No one spoke in favor. I No one spoke in opposition. The Mayor closed the public hearing. I I i i City of Denton City Council Minutes April 3, 1990 Page 11 Frank Robbins, Executive Director for Planning, stated that the ordinance would allow the City to be certified by the State Department of Public Transportation to issue sign permits on three roads that the City currently could not do. There would be two potent'al licenses for one sign - one for the property owner and one for the sign company. The City would be able to permit annual signs for all off-premise signs on 135, Hwy. 377 and Hwy, 380. The following ordinance was considered: rt0. 90-051 AN ORDINANCE OF THE CIPY OF DBNTON, TEXAS, AMENDING ARTICLE 17 OF APPENDIX 3-20NING OF THE CODE OF ORDINANCES RELATING TO SIGNS TO PROVIDE FOR ANNUAL PERMITS FOR SIGNS FOR WHICH A STATE LICENSE IS REQUIRED; PROVIDING FOR THE REVOCA'T'ION OF A CITY SIGN PERMIT FOR WHICH THE STATE LICENSE IS REVOKED; PROVIDING FOR THE TRANSFER OF STATE PERMITS; PROVIDING FOR MINIMUM WIND LOADS FOR SIGNS; PROHIBITING THE USE OF STATE RIGHT-OF-WAY FOR SIGN .MAINTENANCE] PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander 'aye," Hopkins "aye,' Gorton "aye,' Ayer "aye," Boyd 'aye,' and Mayor Stephens "aye.' Motion carried unanimously. 3. Consent Agenda Council Member Gorton requested that item 3.A.6. be removed for special consideration. Council Member McAdams asked that Item 3.A.1, be removed for special consideration and Mayor Stephens asked that Item 3.A.8, be removed for special consideration. ;McAdams motioned, Hopkins seconded to approve the Consent Agenda with the exception of Items 3.A.1., 3.A.6, and 3.A.8. Motion carried unanimously. A. Bids and Purchases 2. Bid 01062 - Sewer Vacuum Truck 3. Bid 01083 - Loader Backhoe 4. Bid 01084 - Articulated Wheel Loader 5, Bid 01087 - Load Profile b Tariff Meters 7. P.O. #94407 - IBM Proprietary Software Lease IY ,1+ r 1 r ~ I I City of Denton City Council Minutes April 3, 1990 Page 12 I Item 3.A.1. was considered. Council Member McAdams asked how the City would oversee how the project would be completed. Barbara Ross, Community Development Coordinator, stated that normal procedure was that the contractor would be chosen by the City with consultation from the Executive Director of the Housing Authority. The Community Development Inspector and the I City's housing inspector would be out on the project site during the course of the work. The City and the Executive Director of the Housing Authority would approve the final work. McAdams motioned, Gorton seconded to approve Item 3.A.1. Motion carried unanimously. I 1. Bid $1086 - Roof Repair - Heritage Oaks Item 3.A.6, was considered. i I Council Member Gorton asked what was the delay of activation and how much warning would traffic have when the system was activated. i Deputy city manager Rick Svehla replied that the timing would be normal for yellow and would be red by the time the emergency vehicle reacted the intersection. Gorton motioned, Hopkins seconded to approve Item 3.A.6. 1`_ J Motion carried unanimously. 6. Bid 41088 - Emergency Preemption System Item 3.A.8, was considered. Deputy City Manager Svehla stated that there was a change in the figures presented in the back-up. The original change order was for $17,199. Ttie initial contract price shown included asphalt mix which was never put down thus reducin7 the price to $12,799.00 Hopkins motio nod, McAdams seconded to approve Item 3.A.8. Motion carried unanimously. 8. Bid #1007 - 'fri-Con Services Change Order $1 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (3.A.2, - Bid #1082, 3.A.3. - Bid 11083, 3.A.4. - Bid $10841 3.A.5. - Bid $1087, 3.A.6. - Bid 11088) 4 .5 I City of Denton city council minutes April 3, 1990 Page 13 i The following ordinance was considered: NO. 90-052 AN ORDINANCE ACCEPTING COMPEPI'rIVE 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. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander 'aye," Hopkins 'aye," Gorton "aye,' Ayer "aye," Boyd "aye," and Mayor Stephens 'aye." Motion carried unanimously. 8, the Council considered adoption of an ordinance accepting competitive bids and providing for tho award of contracts for public works or improvements. (3.A.1. - Bid #1086) The following ordinance was considered: NO. 90-053 AN ORDINANCE ACCEPTING COMPETITIVE HIDE 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. Gorton seconded, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexandec "aye,' Hopkins 'aye," Gorton "aye," Ayer 'aye,' Boyd "aye," and Mayor Stephens 'aye." Motion carried unanimously. C. The Council considered 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, (3,A.7. - P.O. #94407) The following ordinance was considered: NO. 90-054 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY 0145 SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASE'S FROM REQUIREMENTS OF COMPF:TI'rIVE BIDS) AND PROVIDING AN EFFECTIVE DATE. r City of Denton city council minutes April 3, 1990 Page 14 McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins "aye," Gorton "aye," Ayer 'aye, Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Tri-Con Services; and providing for an increase in the contract price. (3.A.8. - Bid #1007) The following ordinance was considered: I ; 110. 90-055 i A14 URDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER 'TO A CONTRACT BETWEEN THE CITY OF DENTON AND TRI-CON SERVICES, INC.; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICEI AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Alexander seconded to adopt the ordinance as amended. On roll vote, McAdams "aye,' Alexander "aye,' Hopkins "aye,' Gorton 'aye," Ayer 'aye," Boyd "aye," and Mayor Stephens 'aye.' Motion carried unanimously. E. The Council considered adoption of an ordinance establishing metered parking for vehicles on the south side of West Hickory Street from its intersection with Avenue B to a point 70 feet east of its intersection with Avenue Al providing a severability clauses and pro0 ding a penalty not to exceed $200.00 for violations thereof. (The Citizens Traffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the area had been metered prior to a bike path which was installed several years ago at the request of the University of North Texas. The University had advised the City that the path was no longer used and requested a return to metered parking in the area. Hopkins motioned, McAdams seconded to adopt the ordinance. Council Member Boyd stated that he was opposed to the ordinance. He felt that having bike lanes made the use of bicycles safer in the City and should be encouraged. Mayor Stephens asked how the lack of use fur the path was determined. Svehla replied that the University had suggested the removal of the bike path. It was the sponsor of the path which had substantial use in the beginning but had declined over a number of years. i 1 'f { i City of Denton City Council Minutes ' April 1990 Page 15 Lloyd Harrell, City manager, stated the University had asked that the path be installed and made as a condition of removee the to paint and maintain the path if the city would parking in the area, The University had made a decision over a couple of year to discontinue the path. The following ordinance was considered: NO. 90-056 1 AN ORDINANCE ESTABLISHING METERED PARKING FOR VEHICLES I ON THE SOUTH SIDE OF WEST HICKORY STREET FROM ITS INTERSECTION WITH AVENUE B TO A POINT 70 FEET EAST OF ITS INTERSECTION WITH AVENUE At PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams 'aye," Alexander 'aye," Hopkins "aye," i Gorton "aye," Ayer "aye," Boyd 'nay," and Mayor Stephens Oaye•` Motion carried with a 6-1 vote, F. The Council considered adoption of an ordinance amending an agreement for engineering services between the City of. Denton and Freese 6 Nichols for the performance of professional engineering services for improvements at Denton Municipal Airport, Rick Svehla, Deputy City Manager, stated that in December of 19dd the Council had approved an agreement with Freese 5 Nichols to perform pre-applications for grants out at the airport. In September of 1969, the Council accepted a grant from the FAA for infield drainage at the airport, The PAA reviewed the contract and found that information regarding disadvantaged business enterprise assurances and access to records. They requested that that information be included in the contract and thus the amendment. The following ordinance was considered: , NO, 90-057 AN ORDINANCE AMENDING AN AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND FREESE 6 NICHOLS FOR THE PERFORMANCE OF PROFESSrONAL ENGINEERING SERVICES FOR IMPROVEMENTS AT DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE, i i E i City of Denton City Council Minutes April 3, 1990 Page 16 i Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye,' Alexander "aye," Hopkins 'aye," Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens aye. Motion carried unanimously. G. The Council considered adoption of an ordinance amending Article 4.15 of Chapter IV, Article III of Appendix A of the Code of ordinances to provide for amended drainage requirements and design standards; amending Section 10 1/2-17 (Flood Damage Prevention) of the Code of Ordinances relating to floor elevations= providing for a severability clauses and providing a penalty in the amount of $500.00 for violations thereof occurring within the City of Denton. Lloyd Harrell, City Manager, stated that the Council had already dealt with the item both with a public hearing and passage of the ordinance. However, the caption was not published within the legal time frame thus requiring the Council to reconsider the item. The following ordinance was considered: NO. 90-058 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 4.15 OF CHAPTER IV OF ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES TO PROVIDE FOR AMENDED DRAINAGE REQUIREMENTS AND DESIGN STANDARDS; AMENDING SECTION 10 1/2-17 (FLOOD DAMAGE PREVENTION) OF THE J CODE OF ORDINANCES RELATING TO FLUOR ELEVATrONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREOF OCCURRING WITHIN THE CITY OF DENTONI AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye,' Alexander "aye,' Hopkins "aye,' Gorton 'aye,' Ayer 'aye," Boyd "aye,' and Mayor Stephens 'aye.' Motion carried unanimously. (NOTE: Ordinance NO. 90-058 was originally Ordinance No. 9U-029A, considered at the meeting of 3;12/90. A new number was assigned when it was reconsidered at this meeting.) 5. Resolutions A. The Council considered approval of a resolution designating the week of April 7 through 14, 1990 as National Community Development Week. The following resolution was considered: i r City of Denton city council Minutes April 3, 1990 1 Page 17 j NO. R90-013 14RESOLUTION 1990 AS NATIONAL DESIGNATING THE EDE DEVELAPRIL 7 OPMENT WEEK THROUGH AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to approve" t Hopkins resolution. On roll vote, McAdams aye, Alexander aye, Gorton 'aye," Ayer 'aye,' Boyd "aye," and Mayor Stephens 'aye.' Motion carried unanimously. B. The Council considered approval of a resolution twen authorizing the Mayor to exe£utSangeragreement provide aforthmutual of of Denton and the City materials.as(TheaPublicn Utilities BoardQrecommended approva,l.lnd Bob Nelson, Executive Director for Utilities, stated that at times there was a need for the two cities to work back and forth with problems. This agreement would cover any liability issues which was the main purpose of the document. • The following resolution was considered: NO. R90-014 A RESOLUTION AUTHORIZCINGY OF DENTON AND THE CCITY OF AGREEMENT BETWEEN N THE SANGER TO PROVIDE FOR MUTUAL EMERGENCY ASSISTANCE IN THE FORM OF PERSONNEL, EQUIPMENT, AND MATERIALS? AND PROVIDING AN EFFECTIVE DATE. \ _ 1 McAdams motioned, Ayer seconded to approlay(,* e the Hopkinsio'aye,' roll vote, McAdams 'aye, Alexander Gorton 'aye," Ayer aye Boyd 'aye,' and Mayor Stephens 'aye." Motion carried unanimously. C. The Council considered approval of a resolution Aprile29,nt199pction of Oak on SundayWbetween Street aand yHLckory closing st Fry street Street Jesus Nava, Assistant to the City Manager$ tat between the resolution would temporarily close Fry intersection of Oak Street and Hickory Street on Sunday, April Loveless Fair. He There w not one 29, 1990 for the 11th annual CFrtisStreet opposition to the closing, tenant or a resident of Fry Street and was not affected by the closure. ( I i f 1 City of Denton City Council Minutes April 3, 1990 Page 17 NO. R90-013 I A RESOLUTION DESIGNATING THE WE:K OF APRIL 7 THROUGH 14, 1990 AS NATIONAL COMMUNITY DEVELOPMENT WEEK] AND J PROVIDING FOR AN EFFECTIVE DATE. li McAdams motioned, Hopkins seconded to approve the resolution. On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye," 17orton 'aye,' Ayer "aye,' Boyd 'aye," and mayor Stephens } '.lye.' Motion carried unanimously. B. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and the City of Sanger to provide for mutual emergency assistance in the form of personnel, equipment, and materials. (The Public Utilities Board recommended approval.) i Bob Nelson, Executive Director for Utilities, stated that at times there was a need for the two cities to work back and forth with problems. This agreement would cover any liability issues which was the main purpose of the document. The following resolution was considered: NO. R90-014 A RESOLUTION AUTHORIZING THE MAYOR T(. EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER TO PROVIDE FOR MUTUAL EMERGENCY ASSISTANCE IN THE FORM OF PERSONNEL, EQUIPMENT, AND MATERIALSI AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Ayer seconded to approve the resolution. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens "aye.' Motion carried unanimously. C. The Council considered approval of a resolution temporarily closing Fry Street between the intersection of Oak Street and Hickory Street on Sunday, April 29, 1990. Jesus Nava, Assistant to the City Manager, stated that the resolution would temporarily close Fry Street between the intersection of Oak Street and Hickory Street on Sunday, April 290 1990 for the 11th annual Fry Street Fair. There was one opposition to the closinn, Curtis Loveless. He was not a tenant or a resident of Fry Street and was not affected by the closure. 1 f i City of Denton City council minutes April 3, 1990 Page 18 Mainu I Hasan, representing the Delta Lodge, stated that they were getting ready for the 11th annual Fry Street Fair. He stated that there was a problem two years ago with property owned by Mr. Loveless. The Lodge had paid for the damage to his property and had hired additional security so the problem would not reoccur. The Lodge had offered to hire extra security for Mr. Loveless' property but he did not want to cooperate. The Lodge had helped the United Way to reach its goal. last year and had donated $2,000 for charity. / Curtis Loveless felt that the Fry Street Fair was a good idea gone astray. He felt that it had gotten out of hand with trash accumulated in the past and reports of quite a bit of alcoholic beverages consumed. He was the lard owner of three separate tracts on the east side of the street which was a little more than half of the street. Most of the tenants he had in the I area were closed on Sunday and unless they were making a special effort to be open, the Fair would not affect them. At least two of his tenants were opposed to the Fair, one being to the east and one being University Barbershop. In the past parking was available on his lot to the east which was the only j ; parking available in the immediate area other than street parking. It would not be available this year. Council Member McAdams stated that she had gone to the Fair a number of years and had been impressed by the clean-up job done afterwards. No matter how much trash had been thrown, the streets were cleaned. Policemen were also hired to make sure that the laws were obeyed. She was not sure what else could be done. There was not that much traffic on Fry Street on Sunday and the businesses open got even more business from the people coming to the Fair. Even the problem with Grace 'temple Church had been taken care of. McAdams motioned to approve the resolution. Motion died for lack of a second. Council held a discussion regarding whether property owners or tenants had to sign the petition with some members stating just tenants had to sign and some stating it was the property owners who had to sign. Nava replied that there was no formal resolution or set of rules/guidelines adopted by the Council on street closings. Previous closings had been done on a case-by-case basis. The street closure form indicated that all residents and/or businesses affected by the street closure had to be contacted and sign with an indication of being in favor or in opposition to the closure. R { City of Denton Cit April 3, 1990 y Council minutes Page 19 Council member Boyd felt that a sheet was that problem with the signature there were in the affwas ected area}. He had asked gin tithepamac, that the city fill out that portion to insure all businesses/tenants were represented, Council Member Hopkins felt that the Council had talked about owners signing the sheet. She was opposed, generally, to closing streets and felt it was a bad precedent. McAdams motioned a second time and Boyd seconded to a resolution. On roll rote Pprove the aye Alexaer Hopkins "nay," Gorton 'nay,' Ayerdaaye," BO•d 'ayes •d and .Mayor Stephens "nay," Motion failed with a 4-3 Vote. 6. Miscellaneous matters from the City Manager. Llohd Harrell, City Manager, presented the following items: A. The budget recap was presented in the packet. Both revenue and expenditures were about on line. • B. A reminder of the DISD, Count joint public hearing y and City at the School Administration uildington i April 12, 1990, 7:00 p.m. regarding the tax abatement policy. C. The City was at the plan that all of the data had been r e etived and Council rneeded to appoint the citizens committee to work with the city to ` finalize the transportation plan, There was no official action taken during the Work session Executive Session. B• New Business The following items of New Business were suggested by Council Members for future agendas: be made rega dingi stM ret ember cloBoyd sure suggested a formal decision Harrell reminded Council that Roger o Nelson had itdraftedgsa proposed resolution for street closure procedures which includes! restroom requirements, hours etc. After a number of work sessions, thetcouncil uconcluded that rather than adopt something formally, an informal practice should continue, B. Council Member Boyd also suggested a discussion regarding single member voting districts with perhaps a charter revision committee to look at tt,at and other issues, y 4 I 1 f City of Denton City Council Minutes April 3, 1990 ' Page 20 i Mayor Stephens presented an announcement from Arnold Oliver, Engineer/Director of Highway Department, regarding the cost I 1 sharing of the landscaping project from Malone Street and 135. 9. The Council convened into Executive Session to discuss 1 legal matters (considered action in In Re: Flow, considered approval of order of Sale of properties for non-payment of ad valorem taxes), real estate (considered acquisition of right-of-way for Nottingham Drive), and personnel/board appointments (held a discussion regarding the hiring of an additional part-time Municipal Judge, considered an appointment 1 to the Criminal Justice Council and considered appointments to the Building Code Board and the Electrical Code Board,) The Council convened into open session and took the following i action: A. Gorton motioned, Boyd seconded to appoint Jim Alexander to the Criminal Justice Council. Motion carried unanimously. with no further business, the meeting was adjourned at 10:55 { p.m. a 1 RAY STEPHENS, MAYOR a CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 3254C CITY OF DENTON CITY COUNCIL MINUTES APRIL 12, 1990 Joint Session of the City of Denton City Council, the Denton Independent School District and the Denton County Commissioners on Thursday, April 12, 1990, at 7:00 p.m. in the Denton Independent School District Administration Building, 1307 N. Locust, Denton, Texas. PRESENT: Mayor Stephens; Council Members Alexander, Boyd, Gorton, and McAdams. ABSENT: Mayor Pro Tem Ayer and Council Member Hopkins. present. Board of Bettye s yto rsorderS afterrde declaring a called the Trustee Ray Stephens, Mayor-City of Denton, declared a quorum of Council Members present and called them to order. The County did not have a quorum present with two representatives, Commissioner Don Hill and Commissioner Lee Walker. Bettye Myers, DISD, stated that this was a first for all three entities to hold a joint meeting on a matter which related to ea^.h entity. Ray Stephens, Mayor-City of Denton, felt it was a great achievement for all three entities to have worked on the policy. He suggested the term "investment incentive" might be a better term then tax abatement' because it more accurately described the objectives. Don Hill, County Commissioner, stated that thn County was in a different position in that it represented all the municipalities and ISD's in the County. The County had passed general interested c in o tax tax abatement to and stated that consider ahproposal from any municipality brought to them. Lloyd Harrell, Denton City Manager and Chairman of the Tax Abatement Committee, stated that this had been a team effort thehe background members f ofe tTax he reviewed introduced with all Abatement t Committee sand He development of the policy. The development included fact finding sessions involving discussions with eleven different 'experts', and the review of policies from other cities. The philosophical conclusion of the Committee was that they were opposed to a tax abatement program as it was economically difficult to justify and promoted unequal treatment among tax payers within the taxing jurisdiction. However, the Committee unanimously concluded that tax abatements adwere uusedin nTexasy states and was becoming very popular if the City were going to compete, a reasonable tax abatement policy needed to be adopted on all three taxing levels. I~ ti t i i f City of Denton City Council Minutes April 12, 1990 i Page 2 The policy would be considered on a case-by-case basis with a formal application process for new, expanding and modernizing basic industries, corporate office headquarters and distribution centers. Randall Boyd, Denton City Council, asked for definition of 'basic industry'. Harrell replied that the Denton Development Guide had been used as a reference point which defined the 'basic industry' in regards to how much of the products were exported out of the community for consumption. Harrell then reviewed the formula for the value and term of the j abatement. For a larger project, a longer period could be given at the 254 level. Council Member Boyd asked if the basis was the value of the I structure. Harrell replied that initially the Committee recommended that the value be limited to the value of structures. Personal property had now been added to that value since the three entities had adopted the Freeport Amendment. Harrell continued that if a current industry expanded or relocated, the actual value of the structure would be multiplied by 1254 prior to utilizing Table i which would give the industry another year or so of abatement. Applicants agreeing to extend infrastructure improvements to improve other industrial sites may be eligible for a greater tax benefit. The agreement would be a legal agreement between the company and the taxing jurisdictions. Adjustments had been made to the January 10, 1990 document which included wording changes, a clarification and reduction of questions from 33 to 28, and the application of personal property as well as buildings to the abatement. A summary of the policy indicated that it was a cooperative partnership with the three taxing entities, it was competitive but reasonable and was an innovative policy. The public hearing was opened. Chuck Carpenter, Denton Chamber of Commerce, spoke in favor stating the increment financing portion was excellent. He commended the three bodies for their work. Russell Bates stated he was in favor of tax abatement and felt it was the economic development of the 901s. He also commended the separate governing bodies working together as a unit to work for the betterment of the County and City. City of Denton City Council Minutes April 12, 1990 Page 3 Pam Anderson, representing the Perot Group, read a statement of support for the proposed policy. i Roy Appleton, Jr., representing the Denton Publishing Company and the Economic Development Advisory Board, stated that if all things were equal, they would not be at this meeting and would be opposed to any type of tax abatement. Most industries that came into a community first asked for specific information which include a question on possible tax abatement. It was very important to be competitive and heartily endorsed the policy. Fred Fole, Chairman-Denton Chamber of Commerce, stated that the policy allowed the entities to be competitive without being a give-away community. He felt that one of the highlights was that the entities were not under any obligations to grant in abatement and all applicants would be considered oz s case-by-case basis. He agreed with Mayor Stephens that x abatement' could be replaced with 'investment incentive'. in behalf of the Chamber of Commerce, he recommended adoption. I Jerry Cott, Sundown Ranch, stated that the public needed to understand that tax abatement was just one tool to help sell the community to other people. The abatement might temporarily give up money but would bring people who would spend money and purchase goods and services in Denton County ' and in the City. The City was competing not just with the Metroplex but also with the international community. Fred Gossett, favored the tax abatement which was one way to help the City of Denton to become the great city it could be. Jack Miller, stated that he was philosophically opposed to abatements but felt it was something that must be done. He i felt it was a step in the right direction and endorsed the recommendations of the Committee. John Trent offered a rewording or addition of the application process. He suggested inserting a time frame for a response from the City. This would give an indication to the applicant that the application had been received and a possible time frame for consideration. He felt the tax abatement would help Denton in the future. Linnie McAdams, Denton Council Member, stated that she pleased f to see the three entities working together and was disappointed that more "public' was not present to speak on the issue. She felt it was a marvelous effort. Carl Anderson, Vice-Chairman-Denton Chamber of Commerce and Vice-Chairman -United Way, commended the Committee's work and endorsed their action. r City of Denton City Council Minutes April 12, 1990 Page 4 t 1 With no further business, Gorton motioned, Boyd seconded to II adjourn the Denton City Council. Motion carried unanimously. E I Meeting adjourned at 8:05 p.m. Commissioner Don Hill stated that it was important that the County was involved in the process from the beginning. lie hoped that other cities would take t;lat into account as Denton had done. Bettye Myers stated that it was unusual for three such entities to cooperative in such a venture and that the School District appreciated that cooperation. I Holt motioned, Hudspeth seconded to adjourn the DISD Board of Trustees. Motion carried unanimously. { I With no further business, final adjournment was at 8:10 p.m. 1 RAY ST3PHENS, MAYOR CITY OF DENfON, TEXAS I JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ~J 32560 f i i 1 k I+.il' ~'-Y 1 CITY COUNCIL[ t I E II I~ , k o . ti roo~o ok to 4- = a , r ~ 0 o t I 1L { t ( 1 CITY of DEN rON, TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 TELEPHONE !817) 566.8200 MEMORANDUM PTO; Mayor and city council members FROM. Betty McKean, Executive Director of Municipal Services and Economic Development SUBJEC : PUBLIC HEARING TO ESTABLISH DENTON ENTERPRISE Z014E II I DATE: May 1, 1990 Due to further review and consideration of additional information provided by the Texas Department of Commerce (TDOC) concerning census tract employment levels within Zone II0 City staff has revised the boundaries of this zone to include additional areas (shown on attached map). The purpose of this revision is to maximize enterprise zone benefits by expanding the population base of the zone in order to provide businesses within the zone with a broader is In order range t draw future employees. hold another public hearingefor ~ to expand Zone I1I, , City Council citizen input regarding Zone II at this time. i The attached items have been presented to the City Council during previous briefings and summarize the major ibsues surrounding the establishment of i local enterprise zones. o Questicn 6 Answers on the State Enterprise Zone Program. o Map and narrative description of the proposa.i Denton Enterprise Zone II. o Proposed incentives for local enterprise zones. o Diagram - Hierarchy of Proposed Incentives for Denton. o Timetable fcc Creation, Local Adoption, and State Designation of Denton Enterprise Zoncs. Frank Robbins and I will be available to answer any further questions you may , have regarding a State Enterprise Zone Program and Zone 11 during the public hearing. f - ' Bett McK an wp Attachment 2930] r i i t 1 GUESTION AND ANSWER BRIEFING ON 1 ENTERPRISE ZONES what 16 a city enterprise zone? An enterprise zone is a special district including an area of at least 1 square mile and no more than 10 square miles in size exclusive of lakes, dralnage areas or other non-bu11dable land. what 1s the purpose of an enterprise zone? To encourage local economic development by "packaging" I incentive programs which m be offered to a new or existing I business in a designated area. Another primary purpose of an enterprise zone is to provide relief to economically disadvantaged areas and expanded opportunities to economically disadvantaged persons. What are the advanta01s, of a city enterprise one? i Enterprise zones serve primarily as marketing tools. Zones are created to "position" local governments to apply incentives quickly and fairly iri a well-planned manner for economic develo;f.;ent purposes. I How do enterprise gores serve to promote local economic development? Enterprise zones serve several purposes to encourage local economic growth. First, as a planning tool, enterprise zones designate boundaries for economic expansion and also identify the community's major employment bases to provide a source of labor for business and industry in the area. The object in creating a zone is to link economically disadvantaged areas which provide an available labor force with areas which are targeted for new and expanding business. Then special incentives are applied to encourage further growth. Secondly, enterprise zones provide the mechanism to offer certain financial incentives. This is accomplished by the fact that specially created zones including reinvestment zones (required for tax abatement) and tax increment financing zones (required to rebate local sales taxes as an incentive to businesses) are incorporated within and considered part of a designated enterprise zone. ` 05/01/90 i f 1 i Question and Answer Briefing on Enterprise Zones Page 2 In addition, enterprise zones provide for special state incentives and grants otherwise unavailable to new industry, Lastly, enterprise zones act as marketing device for local governments to respond to economic development prospects. What is the cost a city to create an enterer. zone' .jq \I There are no direct costs involved in the creation of a local E enterprise zone. 1 What types of incentives may be offered within enteroris zone? The majority of incentives which may be offered through enterprise zones are provided on a local option basis. In other words, the program focuses on the gOtion to offer local incentives such as abatement of local property taxes to businesses within a zone. According to the Texas Department of Commerce the two most significant incentives which may be ! offered within a zone are property tax abatement and state and local tax rebates. How do cities oualifv for an enteroriss Cities who wish to create a state recognized enterprise zone must meet certain criteria which is cover*d in the governing legislation for the designation of enterprise zones. This criteria is described in Attachment IV., Enterprise Zone (EZ) l Identification Process. what is the orocass to establish a a*•* enteroriss net The Texas Department of Commerce has developed a formal process for state approval of enterprise zones. This process is presented in Attachment V., State Enterprise Zone Timeline Analysis. What is an •n .~.,r+.. _J__.., A business or industry within an existing enterprise zone may qualify to be designated by the Texas Department of Commerce as an enterprise project. In order to qualify and maintain the designation as an enterprise project, a business or industry within the zone must most certain guidelines and regulations governing the program. One of these regulations includes a hiring quota which requires a business or industry to employ 25% of all newly hirod employees from within the boundaries of the existing enterprise projects within a c,ty. 9 i ItI f i Question and Answer Briefing on Enterprise Zones Page 3 i t Only two businesses or industries may apply for the enterprise project designation during the state's fiscal year from September to August. The enterprise project designation process is outlined in Attachment VI., Enterprise Project Application Process. As an enterprise project a business is eligible for additional incentives under the enterprise program. I i i i 1 i Exhibit 'A' r heEg neral description of the area of the Enterprise Zone iI is I T as ollows: All that certain lot, tract or parcel of 'and lying and being situated in the County of Denton, State of Texas and being more particularly described as follows: BEGINNING at the point of intersection of the baseline of Interstate Highway IH-35 with the north line of the A. 4hite Survey A-1406, Denton County Texas; THENk:E in an Easterly direction with the north line of said White Survey to the centerline of Bonnie Brae Street; THENCE in a southerly direction with the center line of Bonnie 1 I Brae Street approximately 1800' to a point for a corner; I :HENCE in an easterly direction to the east boundary line of the J. Collard Survey A-297 Denton County, Texas; h rdENCE in a southerly direction with the east boundary line of I said Collard Survey to the center line of Riney Roads THENCE in a westerly direction w.th the centerline of Riney Road to the centerline of State Highway 77; j THENCE in a southeasterly direction with the centerline of Highway 17 and in a southerly direction with the centerline of North Elm street to the centerline of Hickory Street; THENCE in a westerly direction with the centerline of West Hickory street to the centerline of Bernard street; TAE;ICE in a southerly direction with the centerline of Bernard street to the centerline of Collins street; -HENCE in an easterly direction with the centerline of Collins street to the centerline of Carroll Boulevard; THENCE in a southerly direction with the centerline of Carroll Boulevard and also with the centerline of Pt. Worth Drive to the baseline of Interstate Highway 1-35^c; THENCE in a southeasterly direction witl the baseline of IH-35E to the centerline of Dallas Drive; THENCE in a northwesterly direction with the centerline of Dallas Drive to the centerline of Shady Oaks Drivel THENCE in a northeasterly direction with toe centerline of Shady Oaks Drive to the centet.Ane of the M.K. 6 r, Railroad; i Zone fI page 2 1 Tt:ENCE in a southeasterly direction with the centerline of the , M.K. 6 T. Railroad to the centerline of Mayhill Road; THENCE northerly direction with the centerline of Mayhill Road to the centerline of State Highway FM 426; THENCE in a westerly direction with the centerline of State Highway FM 426 to the centerline of Loop 288; THENCE in a northerly direction with the centerline of Loop 288 to the centerline of Highway 380; THENCE in an easterly direction with the centerline of State Highway 380 to a point lying north of the most westerly northeast corner of a tract described in deed recorded in Volume 1783, Page 780 of the Real Property Record of Denton County, Texas; THENCE in a southerly direction passing the most northerly northeast corner of said tract to a re-entry corner of said tract; THENCE in an easterly direction along the southerly north boundary line of said tract passing its most easterly northeast corner and continuing to the centerline of Trinity Road; THENCE in a southerly direction with the centerline of Trinity Road 900' to a point for a corner; THENCE west to a point in the west boundary line of said tract to I a point for a corner; THENCE north along the west boundary line of said tract, passing the northwest corner of said tract and crossing to the centerline of State Highway 380; ~J THENCE in a southwesterly direction wil.h the centerline of Highway 380 to the centerline of Geesling Road; THENCE in a northerly direction with the centerline of Geesling Road to the centerline of the Fishtrap Road; 'THENCE in a westerly direction with the centerline of Fishtrap Road to the centerline of the Union Pacific Railroad; THENCE in a southwesterly direction with the centerline of the Union Pacific Railroad to the centerline of Cooper Creek Road; THENCE in a southerly direction with the centerline of Cooper Creek Road to a point lying west from the northwest corner of a tract described in a deed recorded in Volume 1918 Page $96 Real Property Records of Denton County, Texas; THENCE in an easterly direction along the north boundary line of said tract passing its northeast corner and continuing to the northeast corner of a tract described in deed recorded in Volume 604, Page 351 Deed records of Denton County, Texas; U ' J Zone II page 3 J i l THENCE in a southerly direction along the east boundary line of the past mentioned tract to the centerline of State Highway 380; ! THENCE in a westerly direction with the centerline of Highway 380 to the centerline of State Highway Loop 2981 State f THENCE in a southerly direction with the centerline of Loo 1 to the westerly extension of the southerly north line of a trace recorded in Volume 63E, Page 261 of the Deed Records of Denton l County, Texas; 'I THENCE in an easterly direction along the boundary line to the re-entrant corner of saidtract1therly north h THENCE in a northerly direction to the northerly northwest of said tract; corner I THENCE in an easterly direction to the centerline of Mayhill Road; I THENCE in a southerly direction I 1 Road to the south line of said tractJh the centerline of Mayhlll F ! 'THENCE in a westerly direction with the south line of said tract to the centerline of Loop 288; THENCE in a southerly direction to the centerline of FM 416; THENCE in a westerly direction to the centerline of Ruddell Street; THENCE in a northerly direction with the centerline of Ruddell Street to the centerline of the Union Pacific Railroad; THENCE in a southwesterly direction with the centerline of the Union Pacific Railroad to the centerline of Sycamore Street; THENCE in a westerly direction with the centerline of Sycamore Street to the centerline of Elm street; THENCE in a northerly and westerly direction with the centerline of Elm street and the centerline of Highway 77 to the centerline of Bonnie Brae street; I THENCE in a southerly direction with the centerline of Bonnie Brae street to an eastward extension of the centerline of Westgate Drive; THENCE in a westerly direction with the extension of the centerline of Westgate Drive and to the baseline of Interstate IH 351 Zone It page 4 1 i THENCE in a northerly direction with the baseline of I.H.-35 to j the westerly extension of a tract described in deed recorded in € Volume 664, Page 656 of the deed records of Denton county, Texasl i THENCE in an easterly direction along the south boundary line of said tract to the southeast corner of said tract; THENCE in a northerly direction along the east boundary line of said tract to the centerline of Highway 77; THENCE in a northwesterly direction along the centerline of State # Highway 77 to the baseline of Interstate Highway 351 THENCE in a northerly direction with the baseline of Interstate iighway 35 to the POINT OF aEGINNING and containing 7.31 square miles. 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R L, n O 2 ~C Y V i i HIERARCHY OF INCENTIVES FOR ENTERPRISE ZONE PROGRAM Tier FV Enterprise saws %x tnantt u lofw up to $250,000 p/yr Projects SIM llg" total (Per Project) tate hcentives/ saws Ax tncent v" Tier IN Small Businesse rs~unds up to $3,000 ptyr Y Tier mBusinesses within the Zone ft Rats ust l neat special Criteria 14 krAW"Ova Every Business within the Zone T.lef I Oualifies for incentives t3 trrosr~wss ~xan+pt~ No f:taetrte Frandyas AX 05/01/90 jl I L r Local Adoption and Proposed Schedule for Creation, State Designation of Enterprise Zones I for the City of Denton Date: Event/Activity: 2/47 In-House Economic Development Committee discusses enterprise zone legislation. 3/01 City officials review enterprise zone legislation and request census tract information from the Texas Employment Commission required for the state enter prise zone designation. 3/06 City staff receives ceaandiincometdata from including employment, poverty aj 90 day time period thee Texas Employment the zone Commission for approval of !I 3/07 City Staff and Chamber officials meet with represent atives of the Texas Depsrtment of Commerce to review requirements of the state enterprise zone program. 3/20 Staff presentation to City Council on the state enterprise zone program. i 4/30 City Council announcement, public notice and notice to TDOC (Texas Department of Commerce) of intent to I create enterprise zones in the City of Denton. 4/12 Joint public hearing with Denton Independent School County and the City District, Denton Abatement Committee for adoption of community tax abatement policy. 4/17 City Council Public Hearing to establish and enterprise zones in Denton. 6/O1 Second reading tevisionsm®to I policy. Enterprise Zone Ii. Adoption of ordinance establishing Enterprise Zones I and II. 6/04 Submit enterprise zone applications to TDOC. F 6/18 TDOC completes initial review of Denton enterprise zone applications. 6/22 bComplete ased on feedbacks from DOC enterprise zone Final review of Denton enterprise zone application by In-House Economic Development Committee. I 2 i j 1 a i a 4 k i i 1 ' r' 1 5/31 TDOC completes final review of Denton application and grants state designation of Denton enterprise zones. 05/01/90 f I I i E , „I I i ~ I E I ~rr~ d 1 ♦.T CITY z COUNCIL' w M y 1 I I 1. 41 a 11 1 ~ T I it ooooaaaaoo~o .N~i' o r o E C~J ~i e i~~~OM1ra f*~r ~ i x~ u A, a 1 t } i i ;S S / f i CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Colonial S & L RECOMMENDATION: e x apartment has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta-- 1 tion have been returned, requesting this refund, which the Tax Technician recommends. ~ SUMMARY: or 31.11 of the Te;:as Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. Colonial S & L is requesting a refund in the amount of $ 679.04, because they paid in error on City Account # 6694-00400, BACKGROUND: _ Tup73cate payments of $ 679.04 were made on the account of Paul J. Meli, Jr., the first on 12-05-89 and the second un 1-12-90. Colonial S & L I the wrong account number when paying, therefore they are asking for a gave fund of their payment made in error. - PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Paul J. Meli, Jr. i FISCAL IMPACT: $ 679.04 RE CT UjyY~_yyG~ylT arre City Manager Prepared by: amA Vic Schneider Title Tax Technician Approved., eeJrial asure 7 I I 944 Propwq Tat Ill APPLICATION FOR TAX REFUND ' Refund APPOW141n 31,110111) Colletting Office Name. r T zi' T'7 Dr f Collecting Tax For: I ax nq n tsfA~ l r E' - 047 ~'k n n /)P., ~.1 rid 76~G1 - Address city, State. Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following information must be provlded by the taxpayer, IDENTIFICATI N OF ROPERTI OWN7i Name: /1 r` Address: f`~~ e ~ Telephone Number (if additional in ormation is needed): L! IDENTIFICATION OF PROPF1jITY: f rr St'C /~IOt E lJ Lo f 7 Description of Property-, !C r 5 Address or Location of Property. a ac o, Account Number of Property, _ or Tax Recelpt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of this Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 11 19 / 19 S6 9 s 2. In h 19 Q~_ l 19 Z .12L7s~~- s 19 3. $ Taxpayer's reason for refund (attach supporting documentation): / S4L 110 n die rl~~ /I1COr YCr e- e Pc~rc~,~. nrrrr oon~a 'T' lv P i e rC rr le //I1 a rel;i id v Yn~n/, '•1 hereby apply for the refund o (the abov sowlbed tax ea and car* that the information I have given on this form is true and correct" all n2 d . ~e~nl?~ / S~ L Y--d Afo Signature O 60y j9cf Date of Application for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval Date Signature of Authorized Officer Signature of Prealding Officer(s) of Taxing Date Unit(e) for refund applications over $600 Any person who ntakes a fal entry upon the foraifl record shat be subjW lee" of the fotoedn0 WO110% 1. ImprNaxnaM a< not more than 10 years nor less than 2 years and/or a the of not mon Man 1,000 or both such IIM and Imprisonment, 2, conan~ In )at for a teml up to 1 year or s firw not io aaesed 12,000 of both such tMe and InfprtaonnleM asset forth In Section 37.10, Penal Coda. eEFUND A _ i r ®Colonial Savings A Colo, i,; nn ano U Company t April 11, 1990 City Of Denton Tax Office 215 E. McKinney St Denton Tx 76201 RE3 REQUEST FOR REFUND 1989 Our records indicate an incorrect payment of taxes in the amount of $ 679.04 on the following propertyl ACCOUNT NO.1 6694-00400 k , Payment should be for the following property: ACCOUNT: 669800300 k LEGAL DESCRIPTION: Lot 3 Slk H,Kingston Trace BAKE: Wayne M. Keller COLONIAL LOAN NO.: 194719 Enclosed is the original validated receipt. Please issue a refund payable to Colonial Savings, as soon as possible. .f you are unable to comply with our request please notify us. We must make every effort to recover these funds, and any assis- tance you can provide is greatly appreciated. Should you have any tuestionse please do not hesitate to contact me. Tbaak you for your assistance and cooperation. LVLA ALEXANDER- ESCROW SERVICES I i 21324 West Freeway PO Boa 2966 Fort Worn, Texas 76113 e1090.2000 Mega a29 9333 BRANCH LOCATIONS Ariinplon, 1605 9. Bowen 6111660.7331 aartand. 2006 North Star 21414954032 Donlon, 63e West University 617i367.a363 Grapewns, 2100 W Narthmit Hwy... 61714e6-6511 Farmars Bunch, 13305 JoeyY lane 2 1112 4 1 5 79 4 Hurst, 1500 Norwood 1171282.9261 Fon World, 49720ranon Ridge 61712914171 iiii sNIIFi1~a,71000 Ho Cmy St a. ~M 611713224440 r i I i c 1 1 Ir• 1 { r 4 f _ YOUR TAXES ARE DUE OCTOBER Cit., of Demon Tar lkpmlmmt lot TAX STATEMENT AND BECOME E OlEtINQUINT :Il£AGXiennk FEBRUARY tit. SEE REVERSE fknron. Trove 1e.'0! SIDE FOR PENALTY AND INTER- EST DETAILS, rxon£a±ra _ PROPBRTY 0611wilm . KINGSfCN TRACE SEC Is OLOCK Do ACCOWTNIKIKi w, TA1fY11 ♦Attn+o♦ LOCATN*< ASIGNOW IXMEMI TAXAK! VALU I 31; Kl ! 109.8 SlM1YEY011 MKT. n^ TAX DU(~ D 1094 679SO4 i RAT 7Y , ♦ 3190 MAYNE M KELLER 2312 KINGSTCN TRACE ` 2 mot. DENTON rlOTY G~ 7X76201 FOR AE~Rq AECEIPT' alp qm D~TATEMENT PARTS W rM SELF-ADDRESSED STAMPED ENVELOPE r `rE I 1 RHEUM Wil H I' 11H, US, I _ y _ • r•1 r ~ .=A RM~ tm 'oil ~ '41r 40 A 4-~ '111 1;1. 31 No a O 1.10 ppt ~i~7 ^A 0 777M jpr p•cTj ~N1.1a i r Viii 111"'111 I7~" = i jE ~ A f ~ P~+ OVPV1~ ~ ~-NNry yh. iH V1N ~ ~ = NI~NM JV VNI~ Npyup~r f 111111 1 . ~ I • r . . . ♦ ♦ ~NL~~ ~ Y~]j( V~yJ JhhO1O Ns R 01~r VO F IY'OOn~aW~ ~WkjNN Nh~M o1A ~0O 0~~00 N M.~,. J~ ft i 11111 fill IIIII J J♦ JdJJ J JJJ.a JJJJJ JJJ J JJJ JJJJ J►JJ JJ ] 1 V NNJ NJ NNOO NNJ JNN.V JNJN NNN.V i0 T 1 y ~.yyJ J y1 ~rf1vy+W JJ JN/JJ • W N J y0 O e O ~ OO- Oh O OhJ Oh OO OOI~N SP+3CjO0 OO hJ~ p y. r. oo R 2 .1.• r•.•1 .~eg~1••• •y.~!•q•.~..•.•~y~. ryr. r...• . ~YS ~ 1 f 1 1 'C~ 1. i ..1..E ..~,....~.....~.....~.....~..,..i..,.. ~ ~~f, ~1y 8 a8 8asssss88sass asas$saas8$sasssassssa 'sas8' ; e ` sS,p-no 'ssa s~' i s$' ' M4 I&, s'*s 5 a . . . 41. ;go - Rol = asssas88'ssss~sssa8 Raas;~sas8s8~s8ssa Ja 888iC88888 8888538888888888 g88 Pimp + 3 t $ 3 t f `#t CITY µ COUNCIL y l l l ` aal 2 ooocccoo ' ~~o o r o E hC~~ { D a l! 1 V pro e+^n~ 1-.JJ ♦ a«~/J`~`ly V^`~L rJI~IC'\\J _1 l -1"4.44 41 a + ~u lls~al~ .-11J-.ala.d.a y; l.j.aa la J-~,~1~ e y .14 p { i E r 1 1 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council J FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Denton Federal S I, RECOMMENDATION: for The top the rtment has mailed an taxpayer. All completed forms Land enecessaryAdocumenta- tion have been returned, requesting this refund, which the Tax Techniciar recommends. SUMMARY: Chap er 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. Denton Federal S & L is requesting a refund in the amount of $ 503.83, due to a duplication of payments on City Account #1.6691-00600. r BACKGROUND: On January 31, 1990, two payments of $ 503.63 each were made on this account. Tax records indicate payments of $ 1,007.66 against a tax base of $ 503.83. A tax refund is due. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Denton Federal S & L i FISCAL IMPACT: $ 503.83 RE CTF/ULY MIT E v y arre C ty Manager Prepared ty: ! f/ Lr.Q.tcti~~ _N Tine Vf c Schneider Title Tax Technician Approved: e Jim L. Bu yard tr 263 3 Treasu3C/3 a i i i CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Menton Federal S & L i RECOMMENDATION: The ax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: Chapfer 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. Denton Federal S & L is requesting a refund in the amount of $ 503.83, due to a duplication of payments on City Account #,6691-00600. BACKGROUND: On January 31, 1990, two payments of $ 503.83 each were made on this account. Tax records indicate payments of $ 1,007.66 against a tax base 1 of $ 503.63. A tax refund is due. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Denton Federal S & 1, FISCAL IbIPACT: $ 503.83 *ECTFU LY MIT E v arre anager Prepared by: v t, r-C,c i ame Vic Schneider Title Tax Technician Approved: "t7 e m L. yard tle Treasu 2633C/3 t i Suite Propar+y Tat sowd t+ APPLICATION FOR TAJ FUND Rotund Appllaon 31,11(/112) Collecting Office Name. r eL Pi -A^ Collecting Tax For: ~L D (Taxing nits) 20 _ ~'Jckrn n et/ Dr/,fv1~Z 7 Address City, State, Zip Code In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PROPERTYPOW11i Nome: < 7A 20oZ_ JD &,I an Address: P i 6X I?gI7-__ Telephone Number (if additional Information to needed): IDENTIFICATION OF PROPERTY: ,f Description of Property: _ bi4LI7d/.l T✓ s c Rio( .4, Lo - _ Address or Location of Property, 0 1 0-f /-,m 1002'pc Account Number of Property -,00 6VQ or Tax Receipt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Pequested Is Requested Tax Payment Taxes Paid Requested t 19 b SD-_ 19 e-3 EP 01 !t9 s,5 ~ $ 3. 19 / 1g~ S $ Taxpayer's reason for refund (attach supporting documentation): 7aX°s L`~ere T~wr~'~ C r. e r~ Sv s r:~ r v o cl T~ 1/ c3 Pi °I hereby app y for the refund of the abovedsseribed taxes and certify that the Information I have given on this form Is true and correct" ° - &M-Ad Fe a~ ,SVL x, y/S plc r I~1 &nln„t 1cor Sig_ nature PO ~C /3 Q~' Date of Application for Tax Refund .Llzan~-..X 7- -2-0------------------------ DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date Signature of Preelding Officer(s) of Taxing Date Unit(s) for refund applicatlono over $300 Any person who makes a fate efoy upon the foregoing record AAN be subject to one of the Wow ail penshilm 1. knprleennleM d not more then 10 years nor lees than 2 years and/or a one of net more then 01.000 of both luck one and Imprlsonotar* 2. eononement In IaN for a lean up to 1 Vaster a one nth to exceed 12,000 or both such one and InrpAeonmeM w /et forth In Oft0on 21.10, Penal Code. PEruMO III r.~ 1 I i I f I' .nE 002Qs?l l ; :124L41bttt:~ Ai5E2EDt.n M 'l " . ~~V~ A0900-~d~9~/~R.ld-8 IOZ4L I)'1 IN~11130 u f M~„ A3 qph 3 Sit "3 f i~Vf1M010Ar NOON je Al ~M fS1'0~ Sf/NI/f Y \ S1N30 S:L QNti SCI 'I'10~+iF01 .9 f S #+It+K+IF+I~+It Ob-0£-N6P+' ► ° SLU t-2r iGOQ-222f-b , I r i I t 4 cmc~ 9-4222-0001 0 42-1 1275 JAM 30-90 +if+N*fr5 640iM~DOLL RS AND 73 CENTS N1111f5 40.15f AY 1~ CITY OF Y'4y dvo~owv+ivs~rir 215 E 4,4NI NEY 0S3m 1 /yJ~~•,,a~-f'thr'.5,zt1-04/01 ! ~ ~ r ti1ti~ fee uuub64 ~~'LQ7275a~ ~:L~~9L4742~: F~~29a2CJ'?M' i 10 1 ~ I 4 3 } I I k i ^ r , `f r i 1 i 0 l 1 i PROPUM LIM7= t d TMES Fit 1989 I i ILMAL DESaUMCN l R PROP Ip C1'iY I DE MI SVGS MAIN 1PawaL PROP 300 N E6% k 900573 1 1891.53 1 ILACY AM BIX 1 LOT 1 & 2, 6445 OF 3 1 26677 1 383.30 1 (LACY AMI BLK 1 LOT 7 & N42 OF 8 1 26156 1 656.15 1 1( 307-313 N LC+M I I I i ILACY ADDN BIX 1 L07 IOW I 26756 1 529.82 1 ILACY An BIX 1 LOOP l0E ( 26751 1 119.83 1 ILACY ADEN U 1 LOT 11V 1 26765 1 534.77 1 ILACY ADOH BIX 1 LOT 11S 1 26760 1 381.14 1 I LACY ADDN SIX 1 LOT 12 1 26779 1 190.63 1 I I I I ; DW SYGS-RDO 1161 DEMW 12200 KINGS'7 TRACE 1669 A96Q I 503.81 ± I TSF = 4 I 1 I I I 1 1162 DEMCN i VVW1 449.75 1 IMDOM AT THE MUM Qs 8/ vi8`~ IPH 5, LOT 18 1 TOM TXNU PAID 5640.75 I I I 4 I I I r a s i a r e f 1~• s" i sa Iw~a. r r r 1 c = A ' jop w =i1 30 yQ1 i Z 1 1 1 ~ O 1 pP~¢ • N aim JJJ J J t JJ,JJ Jy+ J JJ r ~ J ~ ~ d•' JJ ~ M~eJ/ 1 J J ~ y A ~ ~ M . . • .I. •1.. ..M•/. 7 y~~1 I O"m / r/ n 'r-'3 1 r 1~ I~~i~ 1 1~ 1 r r 1 r 1 1 / 1 1~ 1 r r r e t •r r r r 1 t 1 1. ..~~...l 65 t 1 / Oclo= ` w w 4 N ~ ~ i 1, NJ w n • . . . ~ • d . ice. • . . . Oy.~ii~• yu/1 M • • . M . M I . I • 1 . i~~.. i . . • . y^ I 1 t 1 I / 1 y1 1 1 low { i i CITY i COUNCIL[ u 1 1 4 T I I I I L C 1 7 1 1 - r ,I y l ♦1.}I o O~ ♦ a fp~0~ ~ Y I d i 4* I ~ tt~o I L 1. f CITY COUNCIL REPORT FORW T TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager i' SUBJECT: Approval of a tax refund to Victor Equipment RECOMMENDATION: The Tax Technician has determined that an automatic tax refund should be issued SUMMARY: Zap er 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. Victor Equipment is due a refund of $ 4,725.70 on City Account # 9220-00301 BACKGROUND: On 3-21-90, the Denton Central Appraisal District issued a Supplement for 1997 that corrected the value on Victor Equipment's account, due to Court Decision, therefore lowering the taxes. A refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Victor Equipment FISCAL IMPACT: $ 4,725.70 RES FULLY SU~y~ITTED: o Harrell City Manager Prepared by: /J Name Vic Schneider Title Tax Technician Approved: a e m . un ar U Ale Treasur b33C/3 I i F i cfey 1987 SUPPLEMENT TO:,_ ~DATE:) FROM: DENTON CENTRAL APPRAISAL DISTRICT P.0. BOX 2348 DENTON, TX 76202 OWNERt LEGAL tlir;rlt r DESCRIPTION: ' i vhh - r 111.. ' ~ 1QY11L~Cs.G ! n 1 ti ~ ~ o Ln~ f)VI 0 .VSI.1CLi[~ -'r-X ACCOUNT/,.----~~Q1 PREVIOUS VALUE: CORRECTED VALUE: IMP He IMP HS i LAND HS LAND HS IMP NHS` IMP NHS LAND NHS LAND NNS AO MKT AO MKT AO USE P Qxt T____tn, t~ 3 gq~. TAXABLE- y , rj 1 ~l , QO TAXABLE ,,10 1 085` M OAINt__ ' 1~1' +t 1 W IMP SPTBt LAND SPTB: APPROVED BY WRITTEN BY:_ REASONS: •ti E~ o o e ae eo Al~ a a a e a 0 16~ A r. r es~ 44 J J M I ' 9 w ,Q I pJ "1 at; i P. rJ r rq1 t .A 4.1. PAJ 4 s a i117.ii • III 3bo kw% III ~ \ \ M 111111111 r~ N J d ~ J JJ J ~ p~ ` w ti J Mom v w I 1 09 9L 1 i I ~ as o o as o L V ` 88~ + ~ \ s as sI I p Qs w• ~ 717. 7i 7[ ~ ~ r ~ AA • .4 I if y • ■ ~ r y r ~ •~i ~ pp~7~ rr rr r • N PV V1• • PP N N M A w' M N M • a N v y V v r H I\ TTT / Cka: 8 • 8.. • i •-.1 . 1 p'• w rr y ` r P V N• • PP. SAO • • i~ • i~ . • • • • 7• rsy~ + s, 8 r N O~~ F w irr 1y v$ ~-1 ~ it ~ • ~ ' ~ • • ~ ~ t I E r } I ,CITY I COUNCIL[ i } } 1 I J_ la+ y I I I I Ll I ~ ~~OpQ00GGGJpQQ~ a: ` p! p f41 ` o o Ai, A ~ I 2 N~l I 1JyJ } /1 JJ~U1~H ~}N~uaJ. 1 1 ~ ~ 1.1 ♦ y r!a u ...u.rlM~ 1 II C ~ 1 1 s f t• M1i `i i DATE: US/U1/90 ` CITY COUNCIL REPORT FORMAT TO: Mayor anJ Members of the City Council FROM: Lloyd V. Harrell, City M6inager SUBJEC0 PRELIMINARY PLAT OF THE. PECAN CkF.EK WATER WAS'fh RECLAMATION PLANT ADDITION; IJJF 1, BLOCK 1 RECOMMENDATION: I f 'I The Planning and Zoning Commission recommended approval at its April 25, 199U, meeting. (5-0) SMIARY : This is a 96.7 acre tract located east of Mayhill Road, immediately west of Pecan Creek and immediately north of Foster Road. It Is accessed by a private road on the northwest part of the site, commonly called Sewer Plant Road. EXACTIONS- None at this time. BACKGROUND i This platting is a consequence of the expansion of tht municipal lab at the waste water treatment plant. A plat is required prior to building if the property is not platted. the property is zoned light industrial NO and a specific use permit treatment plant has been issued for this t site, All property that is within the city limits is owned by the City of Denton, A General Development Plan of the entire area has been approved by the Planning and Zoning Commission. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. PROGRAMS, ULPARTM1iNTS OR Gf(uUPS AFFECTED: Utilities Department; Water/Wastewater Department, Solid Waste Division, Envirunmw al Health Department. FISCAL IMPACT': None at this time. r } r f f Pecan Creek Water Waste Reclamation Plant Addition Page 2 i Respeecly submittedr Prepar by, - Lloy Rarre / City Manager G. Oven Yost Urban Planner AA e Robbi AICP Executive Dlre or Planning and Development 36459 i i 'I i i 'F J 1 1 y t II ATTACHMENT 1 ~•I Pecan Creek Water Waste Reclamation Plant Addn. t Cnr M w, /1 1 19,1' 'b•l tle 4.IN FD r / .r icr J i /nr t BcacX J 0 ;Ij~~ for J 1. 333 I C] ! N . ~~I i ~3~ J/•~/ ~ t -7 ~~E_7~C'►\ .y~1ao+~1n rn~llrls°°~'\ I s. ~ v 111 ,JJ % I ~ ~ / ' ~ 4l i\ / / 111.• J L ~ ~ . IY-Y L 1. E CK -19.1• 1 ~i , IM\ V ~•~-N Y~Rq.Y1NM 1'I~ -111 YY f ~IO^.f0 S'17~- r I~ U W N E R nrt. C U Y OF CENTOIJ tw vi iN"0v~u~n:M. 245 EAV vcRlIo'EV Star EY 0ENION, tC1AS 75P1 11171 555-1J51 Preliminary Plat R ~ I .1 1 i I P 8 9 0 2 0 ATTACHMENT 2 r PECAN CREEK PLANT NOATH 1 I 1 ~ F 1 J . 1 + / 1 ~ m` I I 1 L ..r I i ~ I f I 1 ~ ~ 1~ 1 I I I I 1 !CITY IMITSJ PECAN CREEK.~o t 1 rw.r~.r...r• ..~I r r. r. r. l I , SCALE KZt--4r- DATE 25, 10 d c ;i a i : PQ Minutes DRAFT April 25, 1D3U Pago 3 a It was moved by fir. Y,amman, seconded by Mr. Glasscock, and unanimously carried (5-0) to a r plan for property owned by the Cptyv oft Denton, devolomont the proposed Pecan Creek Water Waste Reclamation Plant. III. Consider approval at the preliminary plat of the Pecan Creek Water Waste Reclamation Plant Addition; Lot 1, Block 1, SLAFF F O T,: Mr, Yost reported that thu tract is 96.7 acres located approximatoty 400 teat cast of Mayhill Road, immediately, wort of Pecan Crook and immediately north of Footor Road, It is accessed by a private road called Sower j Plant Road, There will be no exactions at this time. The i property is zoned for light industrial use and there are no residential woos on or near the land. Cit facilities are available. Y services and lho plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. The DovelonTont Review Committee recommond3 approval. Mr, Olasscock moved to recommend npprovul of the preliminary plat of the Pacan Crook Water Waste Reclamation Plant Addition: Lot 1, Block 1. Seconded by Mr. Komman and unanimously carried (5-0), IV, Consider approval of a street dedication for a portion of Oak Park Drive (Lot 14, block A, Audra E'stato3 Addition). V. Considar oxtcnoion of water and wastewater iino: in accordance with "Plan Lines Policy" to a tract of land about 140 acres in size located between Jim Chrystal Pond and Airport Road (FM 1515) and west of the Santa Fo Ha iIroad spur and east of the Denton Municipal Airport for a proposed distribution center of Food Lion, Inc, Mr. Allison stated that Food Lion Ind,Aotry to seeking a location in the Motroplox for a warehouse distribution center. Denton is a possible location and they aro the typo of company Denton is tryinq to attract. Tho Public Utilities Board (PUB) rocommcndod cytondinu utiIitios to the noon to cnccurage Food lion to Iorrito in Denton, Tho total coat Q f195,000 for a 16" water lino and a is oowcr lima, Mr. E'ngo1hrocht ackod it this woulo be enough uti litico to cover phasoo 1 and of thu proueced OQYc lnpmarit. Mr. Al limn said voa, iho Itnoa aro si:cid to furnish tho entire nrcn. The Itnr, aunt wood to he cvtcndcrl to roach new dovolopmcnLo. i i + -CITY COUNCIL[ f rl E I + { i ~ 47 { i ~~~pp000CoL~0~ 0 t 0~0~~ h r0 JO~ a «~3 a j r r ~ DOS ~ ' N d ~ ...2100 ,Y r o `t rJv a 1~ . 1 a 1 µ u ~ li I ~ _ ; as i a ~ la alilYlll~ :J 11 ~1-1i.1♦ r I i I i i RESOLUTION NO. WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the city council to appoint Assistant City Judges to handle the judicial functions of the Municipal Court in the absence of the City Judge; and i WHEREAS, the City Council deems it necessary to appoint two Assistant City Judges to handle the judicial functions of the Municipal Court; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTT N1 . That Robin A. Ramsay and Don R. Windle are hereby appointed Assistant City Judges of the Municipal Court of the City of Denton, Texas pursuant to Section 6.03 of the Charter of the City of Denton, Texas. SECTION II. That the Assistant City Judges shall continue to receive the sum of Twenty-Five and No/100 Dollars ($25.00) per hour for their services, SECTION III. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1990. RAY STEPHENS, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt _dv 49020 t r r -'Y f FCITY COUNCILI 'x » _41 I H a a TTTT Y -.Tr OQ~ ~ a f OOn~zM s ~ Q ~ f ~ 4 ate. ' t tom.. O~~~oG~Qv~~s~r'~', u F a j ~ 1 1 J.w 1 l ul ~1 i ~illl. :11 s 1 i S 1 E ~j i P CITY of DENTON, TEXAS MUNICIPAL 8UILDING DENTON, TEXAS 76101 TELEPHONE ($17) 566.8200 MEMORANDUM 3 1 TO: Mayor and City Council Members r FROM: Betty McKean# Executive Director of Municipal Services and EConomic Development I` SUBJECT: CONSIDER RESOLUTION ADOPTING THE DEN'rON POLICY FOR TAX AIATEMENT DATE: May 1, 1990 { I The attached information Jncludes a copy of the Denton Policy for Tax Abatement which has been developed by repr• ntatives of the City of Denton, II Denton Independent School District, and Df- n County who serve on the Joint Task Force on Tax Abatement. A local tax abatement policy is required pr.or to the establiahment of local enterprise tones and adoptio,l of an ordinance. Upon approval of this policy i it will become a part of the enterprise zone ordinance and incentives package. The City M er and I will be available to respond to any questions you may have rega ding this matter. ~t Mc 77 wp Attachment 2911] Y I I I I i I E t 1 2941L RESOLUTION NO. A RESOLUTION OF THE AN ADOPTING EFFECTIVE DATE. WHEREAS, the City Council desires to promote economic develop- Y went within Denton; and WHEREAS, providing tax abatement its and extraterrrito ialcjurisdiction incentives within the city a will likely contribute to the economic development of Denton y encouraging major investment and the creation of jobs; and, WHEREAS, the Property Redevelopment and Tax Abatement best ent act# Cha ablish is x abatement; oNOW THEREFORE City t oownpcterrite3r12 the BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION 1. That the policies, guidelines and criteria found in the Dew-Policy for Tax Abatement' a copy of which is attached and pdurpose as though recited hereto and incorporated herein for verbatim, is in all things approved SECTION 11. That athe City batement of Denton elects to become eligible to partTcTp a SECTION III. That pursuant to S312.002(c) of the Texas Tax Code t all be effective , e gui e7ines and criteria adopted herein sh for two years, d which period the guidelines may be amended uring or repealed by a vote of three fourths of the members of the Council. SECTION IV. That this Resolution shall become effective im- mediay upon its passage and approval. ly9U. PASSED AND APPROVED this the day of RKTTfMMN9 MUM F i 1 std 5 i Y 1 ATTEST: JENNIFER WALTERS* CITY SECRETARY i BY: a APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHv CITY ATTORNEY i BY i i r i i I i I i f a i 'F r { C Exhibit A { s { DENTON POLICY FOR TAX ABATEMENT i I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City), the Denton Independent School District (DISD) and Denton County are committed to the promotion of high quality f development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement %nd expansion of the local economy, i the City of Denton, DISD, and Den-%, County will, on a case-by-case w basis, give consideration to providing tax abatement as a stimulation for economic development in Denton. It is the policy of the City and l DISD that said consideration will be prodded in accordance with the ` procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City, DISD or Denton County are under any obligation to provide tax statement to any applicant. All applicants shall be considered on a case-by-case basis. Tax inducements, as described in this policy, will be considered for new, expanding and modernizing basic industries, corporate office headquarters and distribution centers. i i r i 4 1 Yf I E I! -2- I II. CRITERIA . Any request for a tax abatement shall be revieved by the 2oint J Committee on Tax Abatement, said Conmittee being comprised of two 11 elected officials from each of the taxing entities involved. one additional staff person from each Jurisdiction shall be appointed to j serve as a nonvoting, ex officio member of the committee. The Joint Committee on Tax Abatement serves as a recono,nding body to the taxing entities regarding whether economic development incentives should be offered in each individual case. Their recommendation shall be based upon an evaluation of the following criteria which each applicant will be requested to address in narrative format: L History and Philosophy of the firm: a) Mature of products and geographic penetration. b) Financial statements for past five years or life of firm whichever is shorter. c) Chronology of plant openings, closings, & relocations over past 15 years. d) Record of mergers and financial restructuring during last five years. e) Record of employment and training provided for hardicapped and chronically unemployed. i 4T90M (Rev. 04/26/90) x g r ,l E f 4 4 -2- 4 It. CRITERIA Any request for a tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being comprised of two elected officials from each of the taxing entities involved. One { additicnal staff person from each jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the committee. The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding whether economic development incentives should be offered in each individual case. Their recommendation shall i 1 be based upon an evaluation of the following criteria which each applicant will be requested to address in narrative format: d 1. History and Philosophy of the firm: a) Nature of products and geographic penetration. b) financial statements for past five years or life of firm whichever is shorter. c) Chronology of plant openings, closings, 6 relocations over past 15 years. d) Record of mergers and financial restructuring during last five years. e) Record of employment and training provided for handicapped and chronically unemployed. 4790M (Rev. 04/26/90) P t 4 r 1 { r 1 U i t i R i } i -3- i i 2. Project Specifications: a) Provide plat of project including all roadways, land use and { zoning within 500 feet of site. Legal description of site is required. i b) is the project a relocation or new facility to expand operations, If relocation, give current location. c) Project investment in real and personal property at the above site for each of the next ter, years. d) Project permanent employment for next ten years resulting from the new investment. Indicate number of jobs that will be filled by people from outside the metroplex. Include estimated average annual salary on new jobs. e) what is the total current payroll and the projected payroll when project is completed. f) Describe employment training requirements including provisions for training handicapped and chronically unemployed if ` applicable. f g) Project utility (gas, electricity, water, etc.) usage for each of next ten years. h) Estimate the infrastructure (streets, sewer, water, etc.) requirements necessary to operate the new facility. i) Estimate the annual operating budget for next ten years. J) Will the occupants of the project be owner or lessees? If lessees, are occupancy commitments already existing? k) Give the name, address, and telephone number of contact person. I{ 3. The community impact of the project: a) Project the value of real and personal property that will be t added to the tax rolls. b) Using current rates estimate the additional taxes that will be directly generated by the project without considering any proposed abatement for each of the affected taxing entities for each of the next ten years. c) For each taxing entity indicate the amount of tax abatement requested for each of next ten years. I ' d) Estimate the increase in investment in other focal businesses resulting from the project for the next ten years. 4790M (Rev. 04/26/90) i 4 { iI 1 4 l i I i 4 - e) Estimate the increased housing needs in the area resultirt fr 11 the project for ten years. 9 om iI f) Estimate the increase in the tax rolls for each taxing entity I for the next ten years. g) Estimate the infrastructure construction that would be required because of the growth resulting indirectly from the project. h) Provide the specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting entity. i) Estimate the increase in students b grade level the project including the multiplier effect (indirecltigr from oh) for the next ten years. Show the increase for each impa cted school district. I J) Provide description of any historically significant area included within the project's area. If any, give detail of how the historically significant area will be preserved. k) Provide information of any detrimental effect on existing businesses, recreational areas, and residential area. 1) Provide details of any benefit to an area of the community targeted for revitalization/redevelopment. I IA t 4 r . 4790M (Rev. 04/26/90) f s s l i K f! t G -S- { 111. VALUE OF INCENTIVES I ,The criteria outlined in Section 11 will be used by the Joint Committee } on Tax Abatement in determining whether or not it is in the best interests of the affected taxing entities to recommend that tax abatement be offered to a particular facility. Specific considerations j will include the degree to which the individual project furthers the `h goals and objectives of the community, as well as the relative impact i of the project. New, expanding and modernizing bdsinesses will be eligible for abatement if the minimum threshold, as described below, is met. 1 Once a determination has been made that a tax abatement should be offered, the value and term of the abatement will be determined by referencing the following table: TABLE 1: Establishes maximum length of abatement according to assessed real property value of improvements and personal property. VALUE OF STRUCTURE MAXIMUM MAXIMUM AND PERSONAL PROPERTY YEARS OF PERCENT OF IN MILLIONS ABATEMENT ABATEMENT 100 10 25% 80 9 25% 65 8 25% SO 1 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% I 4790A (Rev. 04/26/90) s ~ i 7 i f -6- i 1 i f S If an existing business is located within the boundaries of the participating jurisdictions and decides to expand or relocate within such boundaries, the actual value of the structure shall be multiplied by 125% prior to utilizing Table 1. If the expanding or relocating business is abandoning any property t or improvements within the jurisdictions, the value of this abandoned property shall be subtracted from the new value figure prior to multiplying the value by 125%. The tax abatement shall not apply to any portion of the land value of the project. Applicants agreeing to extend infrastructure improvements (streets and 1 utilities) to improve other industrial sites which can be marketed by the Chamber of Commerce Economic Development Director may be eligible for a greater tax benefit than those described above by utilizing tax increment financing procedures. The offering of such an inducement will be evaluated on a case-by-case basis dependent upon the applicant's ability to make available improved industrial sites. Preliminary Aonlication IV. PROCEDURAL GUIDELINES Any person, oryjnization or corporation desiring that the City or DISD consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. 4790N (Rev. 04/26/90) I 1 1 T 1 Y j i ' it Nothing within these guidelines shall imply or suggest that either the City, or DiSD, is under any obligation to provide tax abatement to any applicant. 1 A. Applicant shall complete the attached 'Application for Tax Abatement.' . B. Applicant shall address all criteria outlined in Section 11 above in narrative form. C. Applicant shall prepare a map showing the precise location of the I property and all roadways within 500 feet of the site. 0. If the property is described by metes and bounds, a complete legal description shall be provided. 'E E. Applicant shall complete all forms and information detailed in items A through D above and submit them to the City Manager, City of Denton, 215 E. McKinney, Oentoa, TX 76201. i I Ap~olicdtion Review Steps F. Ali information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. 4790M (Rev. 04/26/90) I a I K + 7 ;e r t f -S - S 6 . The application will be distributed to the appropriate City and O1S0 I departments for internal review and comments. Additional information may be requested as needed. ; i H. Copies of the complete application package and staff comments will be provided to the Joint Committee on Tax Abatement. I Consideration of the Application 1. The Joint Committee on Tax Abatement will consider the application at a regular or called meeting(s). Additional information may be requested as needed. i J. The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all relevant materials, to the chief administrative office of each taxing entity. i K. The City Council of Denton may consider a resolution calling a public rearing to consider establishment of a tax reinvestment tone. 1. The City Council of Denton may hold the pudic hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included in the tone and municipality." Special consideration shall be given to policies noted in the Denton Development Plan when designating a tax reinvestment tone. 4790M (Rev. 04/26/90) 1 I f• I i {l 4 C1C 11♦ L~ 1 -9- 1 i r I A. The City Council of Denton may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. I N. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void, and all abated taxes shall be paid immediately to the City of Denton and all other taxing. ` II jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. e { 0. The governing bodies of the various taxing entities may consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant. Any tax abatement agreement will address various issues, including, but not limited to, the following: 1. General description of the project; 2. Amount of the tax abatement and percent of value to be abated each year; 4790H (Rev. 04/26/90) 1 r t r - 10 - E 1 t i 4 3. Method of calculating the value of the abatement; s 4..Duration of the abatement, including commencement date and termination date; S. Legal description of the property; 6. Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant; 8. The proposed use of the facility and nature of construction; { 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment. (lnnual Evaluation Upon completion of construction, the Joint Committee on Tax Abatement shall annually evaluate each facility receiving abatement to insure compliance with the agreement and report possible vio4ations of the agreement to the taxing entities. 4790M (Rev. 04/26/90) r 4 i I i i Y 4 311 l 1 4 Transfer or Assignment 7 - f r A contrUt for tax abatement may be transferred or assigned by the original applicant to a new owner upon the approval of the various taxing jurisdictions after such a recommendation is made by the Joint Committee on Tax Abatement. i i 4790Ml (Rev. 04/26/90) i APPENDIX A 4 I CEFINI710NS A. 'Abatement' means the full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. i B. 'Agreement' Weans a contractual agreement between a property owner and a taxing jurisdiction for the purpose of tax abatement. I f C. 'Basic industries' are defined in the Denton Development Plan as those which produce goods or services at least 51% of which are directed to i serve people outside of the City of Denton and are listed in the Standard Industrial Classification (SIC) of the Department of Commerce, except for groups 52-59 under retail trade. 0. 'Expansion' means the addition of buildings, structures, fixed machinery, or equipment for the purpose of increasing production capacity. E. 'Facility' means property improvements completed or in the process of construction which together comprise an integral whole. 4790K (Rev. 04/26/90) w i I i t I S (1 p` I i ~ F. `Joint Committee on Tax Abatement' is a group of representatives from Denton County, the City of Denton, and the Denton Independent School District formed to study and evaluate any proposal regarding the offering of tax abatements within the community. The Committee will consist of s two elected vepresentatives from each governmental entity and one staff member from each entity. The staff members shall serve as nonvoting, ex officio members. 6. 'Modernization" means the replacement and upgrading of existing . facilities which increases the productive input or output, updates the technology, or substantially lowers the unit cost of operation, and I ~ extends the economic life of the f601lty. Modernization may result from 1 the construction, alteration, or installation of buildings, structures, J fixed machinery, or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing, or completion of deferred maintenance. i H. 'New facility' means a property previously undeveloped which is placed into service by means other than expansion or modernization, 1. 'Reinvestment Zone* is an area designated as such for the purpose of tax abatement as authorized by Subchapter B, Municipal Tax Abatement, Title 1, local Taxation, Vernon's Texas Codes Annotated. 4190M (Rev. 04/26/9D) I i -3- i i 3. 'Tax increment financing" is the use of some or all of increased property i tax a revenue resulting from the redevelopment of an area to finance 1 development-related costs in that district. fax increment financing t r divides tax revenue from the area into two categories. Taxes on the predevelopment value of the tax base (the tax increment base) are kept by each taxing body, while some or all of the taxes from the increased value of property resulting from redevelopment (the tax increment) are deposited by each jurisdiction in a tax increment fund. Money in the tax i increment fund is used to repay TIF-backed bonds that are issued to ' finance public improvements in the redevelopment area. I II r i 4790M (Rev. 04/26/90) I i APPLICATION fOR TAX ABATEMENT i i 1. PROPERTY OWNER MAILING ADDRESS TELEPHONE NUMBER r 2. PROPERTY OWNER'S REPRESENTATIVE { I MAILING ADDRESS TELEPHONE NUMBER _ 3. PROPERTY ADDRESS PROPERTY LEGAL DESCRIPTION (PROVIDE ATTACHMENTS IF BY METES AND BOUNDS) j I 4, LOCATED WITHIN: CITY OF DENTON D.i.S.D i DENTON COUNTY 5. DESCRIPTION OF PROJECT: 6. DATE PROJECTED FOR OCCUPANCY OF PROJECT/INITIATION OF OPERATIONS: 7, NARRATIVE RESPONSE TO CRITERIA QUESTIONS IN SECTION 11 ATTACHED. YES NO COMMENTS: 4796M CITY z COUNCILt lµ c~oopf °000 . O r O c~0, ~O ~ 1 1 r C~ p j, 1 I I i I DATE: 5/1/90 CITY COUNCIL REPORT FORMAT L T0: Mayor and Members of the City Council 1 i I FROM: Lloyd V. Harrell, City Manager j SUBJECT: CONSIDER EXTENSION OF WATER AND WASTEWA4:R LINES FOR FOOD LION, INC. f RECOMMENDATION: ~I The Public Utility Board and the Planning and zoning Commission each unanimously recommended approval. SUMMARY: Approval of the resolution authcrizes expenditures of $185,800 for 2300 feet of water and sewer lines to Food Lion, Inc. and waiver of ~ any pro rata fees for Food Line in accordance with adopted 'Plan Line' Policy and economic development incentive policy. The expenditure would not be made if we were not certain that Food Lion would be at the end of the lines. I I The Financial Analysis, Exhibit III, shows a very large economic benefit. 1 I Food Lion, Inc., of North Carolina, has plans to open forty (40) retail stores in the Dallas/Plano, Richardson area and one distribution center. Denton is one of three sites being considered for the distribution center. Their engineer, Goodwin and Marshall, Inc., has instructions to proceed with site designs on two prospective sites. Denton is one of two sites for which development is proceeding simultaneously. The Denton site is north of Airport Road and East of the Airport as shown on Exhibit II. -J The facility will be built in two phaser. Phase I facilities are scheduled for completion in the summer of 1991. They will about double their size in Phase II when they complete stores in the remainder of the Dallas/Ft. Worth area. All will be served by the single distribution center. Based on the cc.,r,eptual site plan, 2300 LF of water and sewer line is needed to provide utility service. BACKGROUND: Food Lion, Inc. made application for the extension of 'Plan Lines' on April 19, 1990. PUB recommended approval on April 24th and PSZ recommended approval on April 25th. i t t i Mayor and city council Page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Food Lion, Inc., Rayzcr Properties, citizens of Denton, Denton Municipal Utilities, City Council. FISCAL IMPACT: The estimated construction cost is: 16' WATER 2300 LF @ $50.43/LF $116,000 10' SEWER 2300 LF @ $30.35/LF $ 69,800 i TOTAL ESTIMATED CvST $165,800 Annual Property 'tax Revenue: Phase I $1464400 Phase II $280,600 Respe u11y submitted: Pr ared by: t arr C1! Manage[ ~ Frank H. Robbins, AICP Executive Director Planning and Development Exhibits: I. Letter of Request with City Policy 11. Site Location III. Financial Analysis IV. Minutes I ' 2229x i II I i I I 1 i i 1 1 I RESOLUTION NO. I i 1 A RESOLUTION APPROVING THE FUNDING OF PLAN WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY FOOD LION, INC., IN ACCORDANCE WITH THE APPROVED GUIDELINES FOR FUNDING AND SELECTING DEVELOPMENT PLAN WATER AND SEWER LINES; PROVIDING FOR THE WAIVER OF PRO RATA CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Food Lion, Inc. is proposing to construct a distribution facility within the City of Denton and has requested that the City grant incentives to it in accordance with the economic development policies of the Denton Development Plan; WHEREAS, the City Council has adopted Guidelines for Funding and Selecting Development Plan Candidate Water and Sewer Lines to carry out the balanced growth and economic development policies of the Denton Development Plan; and WHEREAS, the Public Utilities Board and Planning and Zoning Commission have considered and recommended that the request for City funding of sewer and water lines to serve the Food Lion site and the waiver of pro rata charges for connections made to those lines be granted; and WHEREAS, the City Council has determined that the request by Food Lion meets the requirements and qualifications of the Guidelines for providing industrial development infrastructure assistance; NOW, THEREFORE; ` BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I, That the request of Food Lion, Inc. for City funding of water and sewer lines to serve its property to be aaveloped as a distribution facility, is approved to the following extant: (A) To serve Food Lion's proposed site, the City of Denton will extend, at its cost, a sixteen inch (1611) water line approximately two thousand three hundred feet (23001). (B) To serve Food Lion's proposed site, the City of Denton will exten:i, at its cost, a ten inch (1011) sewer line extending approximately twenty-three hundred feet (23000). (C) The utility lines shall only be funded and constructed by the City if Food Lion develops the property for a food distribution facility. k r i i SECTI_O~ That, as permitted b Code, Food Lion, Inc. shall be entitled to a waiver of Development of water and sewer pro rata charges for connecting to the alines authorized to be constructed, if, at the time of the requested connection, the lot to be served is being or has been developed by Food Lion for the particular use for which industrial development infrastructure assistance has been a _ pProved. ACTION I_ II That the cost of funding the approved i sewer lines shall be paid from the funds currently budgeted for industrial development purposes. PASSED AND APPROVED this the day of 1990. RAY STEPHENS, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY i I i i BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 49054.2 PAGE 2 , EXHIBIT I { 00DWI1 ` CIVIL ENGINEERS m PLANNERS April 18, 1990 Public Utilities Board City of Denton Municipal Building Denton, Texas 76201 RE: Candidate Water and Sewer Lines Industrial Development City of Denton, Texas Gentlemen: Food Lion Inc., the proposed purchaser of an approximately 130 acre site to be used for a major food distribution center for North Texas, respectfully requests consideration for water and sewer line funding from the Utility Capital Improvement funds for the current year. Application for the funds shall be in compliance with the provisions of Resolution #89-019 which adopted the policy entitled "Guidelines for Funding and Selecting Development Plan Candidates Water and Sewer Imes ~I The proposed dlatnbution center site is located on the property immediately west of the proposed Western Boulevard and is roughly centered between Airport Road (FM 1515) on the south and Jim Christal Road on the north. The design of the planned utility service to the area calla for a 16 inch diameter water line and a 10 inch diameter sanitary sewer line. Both lines are to be in the right-of-way on the east side of Western Boulevard. The new lines will run northward from the existing lines at Airport Road. These lines are designed to serve future light industrial sites oo either side of the 6,287 foot length of Western Boulevard. The following information is provided for your use in completing the calculations in Exhibit 17 of the "Guidelines". This information was provided by Food Lion based on other similar distnbutioo facilities in the southeastern part of the country. EXHIBIT 11 " DATA ToW Amu] Payroll Phase 1 175 employees x $9.5&Hr average = $3,458,000 Phase 11 300 employees x $10.0111f average a $6,240,000 Las Commuter's lacome Difficult to estimate with the information currently available. However, all upper level management people will relocate to Denton. Supervisory personnel and the general labor force will primarily be people selected and employed from Denton. The nature of the major portion of the work force is semiskilled, dutnbution type labor • fork lift driven, for example, with a matching wage scale. 6001 BRIDGE STREET. SUITE 100 / FORT WORTH. TEXAS 761 12 / 817.4294373 (METRO) 1-1 ti p{ p 4 i Public Utilities Board City of Denton Page 2 of 2 ; 9 s Plus Tax Revenue From the Plant { Phase I 135,00 sq. fL plant = $24,000,000 Phase 11 1,100,000 sq. ft total plant = +S22.000.004 Total Plant and Site Improvements (1990 $'s) (46,000,000 Plus Net Revenue from Electric ' Phase I 1800.2900 KW Demand 850,000 - 1,000,(M KWH Monthly (approx. 150,000 sq. ft refrigerated area) Plus Net Revenue for Water I~ Phase I 115,000 gal,/month Phase 11 325,000 gaUmonth Plus Net Revenue for Sanitary Sewer h The vast majority of the waste water will be captured by the sanitary sewer. Proposed k uses include employee personal needs, plant cleanliness, truck cleanliness and maintenance. i Thank you for your consideration of this request If you need any additional information, please contact me at your convenience. I Sincerely, 1 ,~1zr~~ c D. Matthew Goodwin, P.E. DMGfjc CC: Food Ldon, Inc, V 1-2 k i 1 r :(Hi3i' ;I ,continued) evaluation or Industrial 7 evelopment ;nirastructure Programs ;gage J Finame i01 4n4 iy1 le of I Indus nraatment telel Prospects for Infrastructure a. F0r^m+I IL nET CASH FLCN . BETEF f TS JWRASTRLCTIJiE pfQ CAPACITY ASLATCD COSTS where the cornputstlon of 8CW ITS is determine as followat rotel payroll 0 Lost COW"Mters income o Leas all non-local taxes e o Plus trx revenue from Plant o Tlnwa R+ultlplier - Equale ESTf&*TM TOTAL *#AAL BEWITS I Ve se i ° Ntaneee of anpleyee/ ° Vacua of plant a Local property tax rata ° I n c errs nal l t i o l l e r ° Individual taxes Additional coats to serve dartrnds of citizens for fresh tee Ire lees then of equal to Bent Aaee 1n01vlduals, public tax revenue received I-3 r 1 j i ,r i Guidelines for Funding & Selecting Development Plan Candidate Water & Sewer Lines (cont'd) srcTx,om II. That the process for raviavinq and approvinq how the funds budgeted for ,evelopment Alan Candidate Water and Sever Lines shall be spent shall be in accordance with the flow chart shown in Exhibit IVr attached hereto. PASSED AND APPROVED this the ~ day of l! SQ.fLL, 1969. RAY , MAYOR ATTEST: J IFE ?ILTM , CITY ST, . ARY "MVSD AS TO tj"L rORPlI DESAA ADAK DRAYOVITCtlr CITY ATTOR"Y II sYs I s I AU M01lITy' : : Adelnlsfratir* 01rWIvs yM : ! aosrf.anf V1111 les byl F. to hylwn ! ! ovow W ►lennln byl me ►Mssud ! 1 Cc Ordleseco / ah I I ►IA Aafloe Ap=sd Dole II•I6-U ! I CC MolutIon 06}019 aft 3.7-" 1 I City of 0" f" ►pllty/prm"Um m r,rsl ! I Chagw 1,0 Pop : ! ! 1-4 r Guidelines for Funding ; Selecting Development Plan Candidate 'rater Sewer Lines ~,cont'dl DOCUMENT I i Guidelines for Funding S Selecting Development Plan Candidate Water and Sewer Lines I Upon annual review and during preparation of the Utility Department Five Year Capital Improvements Plan, and subsequent finalization of the Utility Department Operating Budget, and , with the approval of the Public Utilities Board, $500,000 of { Utility Department Capital Improvements funds for the current year may be dedicated for Denton Development Plan Water and Sewer tines, provided such expenditure does not create an undue hardship on the rate payers of the Utilities and is seen to be in the best interest of the community. The $5009000 to be placed in the Utility Department Capital Improvements Plan for the purpose of the Development Plan Water and Sewer Lines shall be designated to two (2) primary purposes. The goal of these funds dedicated to the Denton Development Plan is to lead growth to certain geographical areas 1 of the City and to encourage economic development via extension of water and sewer lines for industrial developments. 1 The $500,000 designated in the Utility Department Capital Improvements P1 an as "Development Plan Water and Sewer Limes" (Exhibit III) shall be distributed as follows: 1. 11000000 shall be set aside to service residential and commercial type development(s), the specific sites shall be determined and prioritized by the ranking methodology outlined in Exhibit I, a copy of which is attached hereto and made a part hereof, Exhibit I shall be reviewed and approved by the Public Utilities Board on in annual basis in order. to assure that all factors relating to the ranking of a project reflect current economic and financial conditions. Other such approvals as may be necessary shall also be obtained prior to final approval of proposed development(s). 1-5 u t ,f Juide1ines Eor Funding 6electing Development ?Ian Candidate ~Nater Sewer Lines cont'd) j DOCUMENT 1 (cont'd) 2. $400,000 shaII be set aside for industrial development purposes. Such funds She 11 be dedicated when an actual prospect is available and after such development has been s analyzed using criteria for evaluating industrial development infrastructure assistance programs as outlined in Exhibit II attached herewith. If an industrial prospect does not materialize within the first six (6) months of the fiscal year, the funds may be redirected to either industrial site candidate lines or residential/commercfal development plan lines after review and recommendation by the Public Utilities 8oard and approval by the City Council. 3. The Executive Director of Finance of the City will assure E that funds are encumbered for "dedicated" projects and transferred forward into the next fiscal year, Unspent and unencumbered Development plan water and Sewer Line funds may not be carried forward to a future year. 1-6 i i kk II l 4 WCEYEI.OFwETIT `OM PIJW ATERJSEME74 L1PES Residential/Commorcial Candidates EXHIBITO a ~wf t n t r39ll~.~o^ `i this ranking system has been designed to Prioritire the lilt of reltdantisi and C01 rcial atv01COM Mt plan Candidates for the utility Capital Improvemant Plan's designated "Oevelooment Plan waterfSaw*P Lines It is recognlaed that the d4v•1coment potentiate considered by this ranking eystenrmay thongs from year to year am physical developments presser in apeelfic areas. It shall be neaeoeery, thereforep to reviawr the- ranking of projects on an annual basie.to take.lnto consideration changing cifew" tancee. I. 4evelaanenf ootentiol in the lhott term, Access. Or Improved thoroughfare I- P No onnou"anents Zonlnq but no plate Access•br improved thatoughfere 1. 13.0 Annewwamprrs Zoning but me plate i I Aeeosa byo Improve* thoroughfare 10.2p••• 3 AnnOMeanaant s Zonlnq+ ~ i Piste Vowarlopor has not, Rader an annauncemant for developing hia property end has net platted for development, Thoroughfare and toningp hewevorp do exist. O'oevelopef has announced to the City Staff hie intention to dsvel0p Ind to follow up with platting. Thoroughfare and toning, howe•efp do exist. 004N VOIspar lies announced and platted 1"1e development to the City Staff; thefeughfare and eonlnq do exist. 2. %con"Jor 11111680112 to the CltX ReewsoNl" Multi•faro ly l•7 Reeld"Wlel single frattsfly 4610 4vRfw asi4kAut..l I`I•Is Must Us"10f f Icoo 16.20 1. @aloftea► Geneth South and SOUtheaet 0.0 Not lhaeal 7•~ East IO•I~ NeftMwot 17.11 weal 2/•20 6071Uti•3 1-7 I i r , I i r Exhibit I (cont,d) ?age 4, Corr Ur Growth Ressdeneial/COmmerciai Ranklnq Form Cavelopnant tell thane 200 f4et away-from extettng utility itnae 20 201.400 „ 401.600 15 i 0 601.1000 1` 1000.2000 1 over 2000 0 S. ►2eitor. Seftttf 6'Envlrernrnral C n 0lratio- 1tslateaCtre"tanaes,r (seat*&, rfnga• flaw logo depeeelnq.upen-elretaas,tences,) 6 • ~1.q~jQS~1 0' Cencs,trrerR ftgee►ebasp fte/irjrUll/Att..... 0.10 Prevkdeso of hekte•6etr(ee to exieting detlsbeptstsnt..." 0.5 ProriMrsff•sktr• setvlos•to undsvs,ioped= ats,ent•.►►...r►..►....-• 0.3 Implet~M►tyatem►paafarfl'M*Oe'►...".., 0-5 7" Oat dl.Wda~r bv. Casts. heels (Usw denrrN. points darlved, by 4e out eM t W"Sst Ofnesbaw ' I (1'f ftsNlaatla► Useer 06ntead• 16) MIM tt MMi- rt / Un 1 t e s 365 d / If wMte+ty+tmt a gellenaypst• Capita par day or also ealied gallons, per parson per day 404 lel"Olowd sise"(WS247 W-1,7) dly • days per year (2) Nen-Aea'Idsntlal Uoesi OstWOW a Op= a 0 persons, a 367 d/y based on the type of aats~iisltnrwe. The. following list hat been adopted from thvTonss,06"renret of Meektht Tyree G►,kjLjkMjw. fteesaNlHNta~••.....•.-.4 I1 lebeeli w/o Oafsts►las► gym or shawsta.... 11 SOMM10 w/eeleteflaoti no grrr or showers... 24 3ebNls w/aeffteriset graft and showro.... 30 Offter•2bNldIale .......................1.• t1 ~iea~►tail 240 Inseltutlono-(ether than hospitals)....... 120 Yeetorltt (g/p/shift, exclusive of 24 industrial wastes) Perko w/a bothltsu Hs 6 4winming pools ` bathheVeaa 12 Country clubs; (per raekdent nttfnbsr)......e IN Oriv*-14 theatres (per eat epaee)......... 6 1-R 1 1 1 1 R ~ I 33ie Bas:3ant:al/Coamer::ii ..anx:n7 Ezra Movia Thaet tes (per 4Udltor tw goal 6 Alsports (Der passenger) S (.sundries-Self Service (gelslwssn/customer) do Stores (total per day pet washroom)....... 010 Service stations (Dar vanlci4 served)..... 12 o. Wastewater Flows (1) As sldential Jeasl Flow . 132 OPCO ► " s r Of Unite it 165 doy where GFM a gallons per ceplts per day ; or 4180 Called gallons per person per day H-6 a Household also (SFa2.l W-1.7) d/y a days,per yaer (2) Non-Aesidontlai Uoeet Flowaa s t < I persons- a 361 d/y based on the type of e4t461lihnenr. This. following list has 041fn adopted from thew TeaOs.Oepostrmat of Haoithe Type-at £stgAllsWnent- Col lane der Caoita oar Q4V (_PM1 A06toutents. (per nral}• 3 Sehesia w1catste ti44. no ehewera.......... 15 SOheels.w) catoter Ioo•and shawert'....•..... 20 Reereetional, Porkep ovetnlght user........ 30 faefreatelOnt~ Parker day weer 3 Of11eM W►teing4/F4eleele6.. 20 Hospital, (per 681) 200 Nurvinq.Hettiu.(per eed).....••...,.•....... 100 e . Seat. Thais- Costa. are- fee costs of water and/Or sanitary sawer Iinff only to tie in to elesset 4001144610 city sorvlcs limes and running' 401046.shoreide of sublet& dovelepnrntl 4. %!WA POINTS (Add Col. 1-7) 10. Priorities, B*fero-Pre-fiats Survey Sues an points Onlyp give (Iret priority to highest points, ae0e04•prleslty to most highest polntop etc, ll. PrierLtlsn After PreAsts Survey whear liot of dovelopmnt plan Candidates water and sanitary saw@*- linos. Ora' prlerltlt4ai before pro-rata surrey, take Ihe1e pr41e00 tOt4lln9 nunissre• of dollars av4114610 and jMfv*V octal 991 a for wlllingnese to pay pro-rata upon Cerro et on of Ceneeruat en. Give one (1) point for each owner willing to sign a pre rata psy"At contract. Re-total points and rs-ualgn prlorltlee. TOTAL 1101101 Rs-asalgn priorities by new sum+ation of points. 1-9 4 I i I i It ?an,clnq ~yaSem :Jr it :or:•:zat:on ::duaer:al :e~alo men: . EXHIBI P ;Lan candidate. J r I t ttT1lO~ pN 'his rankins system has been destined to priotitite the list of :adustrlal development plan candidates lot the Utility Capiesl :apreve- sent Plan's deelAneted "Devalopmeac Plan Water/!ewer Lioea". it is J recoplaed that the develepmaat poteatlals considered by this ranking 1 systeertuy eh"Is tram year to year as physleal developments progress in apeeifle areas, It ehall be necasaary, tberefors, to review the renkiair. Of Protects on an annual basis to taka•lato eoasideratioa ehaaciat e i rc tansaaaee s. 1. 0evs2o sseat Petentlal In The !base Tarr Pei` I Aeeesa-b7 Improved thoroudbfats j No ammouaeerrmts 1.6e Zaaia$ but no Vista Aeeaao•by improved thoroughfare, I I AamameKamemta. P.17e Zomtw-but ad place. Ateaaa- by !a*roved therouafare• Ammeumaensonca iA-2Q+ Place e0evelepr has met suede am auaatiaeuasc for developing his prop rey amd kaa.abt platted for develoNamt. Thoroughfare amt a""$* however, do omut. "Oswlepr has 441050umee4 to the Ci todavalapsaw to follow up With Pla tiagff This intention berousblare 011149. bowevar, do 42142. tebes~Cteyl lafl~ taweaumeed &W platted bra develepmsat to dorewplare aomtai, do fit. 2. 3LLi of lndwrrial Area to be 0eve1 o d .tore them app Atlas verso 200 - 700 Agree 20 100 - 200 Acres l7 Lass than 100 Acres LO . S 1-i0 V i L A ~ I' k ~ 1 r f i t ~a~nMe It ~,j ..."dle~. _a. a- 1 _men- 'an I f 3alantaw=h ?otaee and Southeaat last a-~ t worthveet 10.11 'eat i!- id 4• Iadustrial Site Ovaer Coal -30 nitaeat Pet_ata a• Tir'►reae.for Develoti•at Laas-TSaa 1 year I t to ! Tare !0 More Tbaa ! Tears 7 ` b• A<tlvtty 0 ovaersblp of Property M 611ai of Property 10 2-6 e• tatiatseat is Ielraatrneture Coasae- ~-Gr`S 0eve3ePye•at 2•ea eltaai lo_ i~et 201•1000 lent awy from eststia' utility lines 601-{OQ N ZD " N " 1! 6011-100y0y 10 1000-1000 " " N N ?e over 2000 " " n n 1 Q Ik 6• rLsl_Safari 1 sate Cos id•rsties L1a eaeAiee~t POLIUCASC ("ores ray frw 1 - 20 do}•fdias upon '""try, lllkt var#" heavy iadvarsae eleaa sea-Pollutaat "ft ""Town"t, eta.) uaery, healthy versus mmealthy to taus! ,tea!C~ --!,rn Pouts Ilatnlacery ~leirwes Prov"ea off- 0-lo Previdea eft-eiee ee IaPseves r►iee to adnrele}edrAreas ! ! eyst•>t PeefoTmaea......................• 0' 0- ! 1-11 (I:3.. s;e As.^.k1:g syftaa :,:du~".a: :eve: a_.. i atef s" r Cemand divided by Cafe Ratio eLG414tlcns) .fit demand pointf aerived Sv a• uatfr Dessadi Demand lnduatt7• GpCD I employ44S X 365 d/y based an the type of . Centrally t rally this will be 24 Gpco for a non-.re of cant indu industry' Tka GTE should, howear, be verified from i0duaery, b. uast4vetor plovsr Platy • CTCD ! / employ4es industry x 365 d/y based on the type e! . Canerally this will be 22 GTCD fos a aoa-pellu- Cant industry, , emits industry, The GpCD should, how Vero be verified from I i Lo mc tomse cin are for costa of Waiter sad/or sanitary sever 11046 only co cim is t to tleeast gplies►Ls city service deem and ruaeSOR across e04 side e9 subl eet devalepmeatt io. 30-121 mss (Add Col. 1-1) 1I4 Priorities ware pie-Rata tune sued all points oslyl pity first priority to ht Priority co seat blgbest potats, ate, gbaet points. feeood l2, priorities Altot pre-Palm l~rve Ilse et dnnlepoeat plea tatltmr ~duscrLl eaadldtesa waiter sad ebems Projects r tBaas Ors pr1oritis4l befer4 pre-rats survey, tale Prpeety ovneem for V,111 or nvnbers of dollars available sad survey Los" to pay pre-eats upon coapl4clea a pro rats, psytfeaeCcomtrnee(1) point for asel ovaer gill to sign prioriti6m, Rrtetal peiata aaK ra•sasiga TOTAL POINTS Ra•asaign priotities by 0ev sutsamtion of points. wwwprw 1-12 DENTON MUNICIPAL UTILITIES ELECTRIC WATER ' POLICY / PROCEDURES WASTEWATER POLICY TITLE Guidelines for Funding 6 Selecting Development Plan Candidate Water 6 Sewer Lines DIVISION all (water 5 Sewer) EFFECTIVE DATE CC Approved ?Barth 7. 1989 RZSOLOI'ION NO. 889019 A A.ZSOuPFION APPROVING Tn GLIIDZLINZS FOR ?MING AND SZLZCTING omwPNRNPLAIT CANDIDATE MATQ AND sim LINZSt P110vIDING FOR THE PROCZSS TO !Z FOLLGMID IN APPROVING OZVZLOPM4 PLAIT CANDIDATL WATER AND 59WU LINZSI AND PROVIDING FOR All ZMCTIVZ DATZ. 1llRR2M0 the Denton Development Plan adopted by the City of Denton contains policie& providing for the, expenditure of public funds to encourage balanced-.growth and economic developments and MImISAS, in furtberanae• 09 those- policies, the 1900.1903 cappitai Iaproveaent Plan approved by the City Council propesee•to ailooat• :900,000.00 each year to fund Development Plan Candidate Mater and sewer Lines to carry out the balanced grovth and economic policies of the Denton Development Plant and WURSAS, pursuant to the Capital iaprovesient Plans for fiscal year 1900-1909 the City Council appropriated $500,000 for Development Plan Candidate Mater and ewer Llneet and WK02AS, the Public Utilities. "ard and Planninq and Zoning commission have considered and reeemmended adoption of the Guidelines for Funding and selecting Development Plan Candidate water and sever Liness NOM, 'L'iM IFORSI 't IT RsSOLV=D BY CITY COt1ML Of TU CITY OF DZIPPOIIt 22CTTOK I. That th& Guidelines for runding i Selecting Development Plan Candidate Mater and Sever Lines, attached hereto as Document I, is approved. 1-13 ,t Ev•iuatsan of Indultrisl am.nt EXHIBIT~ lnfrastrvccur• programs i Economic C•velownent Policy ?u~pp~~_~nd_I~t~nt rho ov•r•II pol ICY at the ContOn Ctvelabmtml PI an iI to Itrengthem end IIYlrIIfy the urban a00nomIC belt to Create a wideheong of employment OPpOrtunitlss and expand the tax belt ' Y This policy Is intended to attract basic industrial and to encourage extstlnq belle industries to expand locally. 411 buflnell tstabiIarvrvnte which produce goods at serv leas It least Sly of wnicn Is directed to serve people outside the City of Canton are considered basic industries, The City mty consider development Incentives to attract now basic industries to locate in the city to encourage existing belle Industrtaa to .spend locally, D. ~ncentiv• Poll£~!! i Dove Idormant ImesntIves may vary by alto and type of Wool I Iftnent and Its Inlt141 and potential capacity sa a generator of employment and other economic gaino. Priority may be given to basic Inovetries which are generally claim and which will make s llgnifieant contribution to employment and the city tax bsoo, Incentives mey Include but are not limited tat I a The City may give assistance with the extension of utility services Ind atraeto to the proposed sits. This aaslltance may Inetudo the weiving or postponement of infrastructure development wharf this is possible. i a rho City may Delve the application of Intensity policies 40 as to aeearnrodate the proposed dovolOO" nt on a specific site. This welver should not be lnterprotod to moan that site planning, urban design or neighborhood protection policies are to Do eomptartslaeda 1. Target industrial o Menufacturlnq o Regional Olotrlbvtlon Centers o High technology MEPPIF 1-14 EXHIBIT II i JIM CH il AL -RD. SITE v~ a H U? n m w ~ a .7 a; g z W, z 0 AIRPORT RD. W Mjh } SITE LOCATION FOOD LION INDUSTRIAL PROSPECT v t t 1 1 i i 1 r EXHIBIT III 1 1 k { C FOOD LION, INC. INDUSTRIAL DEVELOPMENT PROSPECT APPLICATION FOR DEVELOPMENT PLAN WATER AND SEWER LINE FUNDS r FINANCIAL ANALYSIS April 20, 1990 1. Annual Payroll $3,458,000 560240,000 2. LESS Commuter Income (408) (1,383,200) (2,496,000) y Taxes ( 311,220) ( 561,600) i 3. LESS all no (158 of local payroll) 1 4. PLUS Property Tax Revenue 146,400 280,600 SUB-TOTAL $109090980 $3,463,000 S. Income Multiplier 7 7 NET CASH FLOW $130369,860 $24,2410000 j~ Foodlion.421 r > z I I 1 i E t 1 U i EXHIBIT IV t EXCERPT FROM MINUTES ~ PUBLIC UTILITIES BOARD r April 24, 1990 r 15. CONSIDER ECONOMIC DEVELOPMENT PLAN LIME PROPOSAL FOR WATER AND SEWER LINES TO PROPOSED "FOOD LION" INDUSTRIAL DEVELOPMENT TO BE LOCATED ON AIRPORT ROAD. Denton is one Of two sites currently under final consideration. The industrial prospect is negotiating on sites. Nelson reviewed the proposed "Food Lion" economic development prospect costs represented by installation of a 16" water line and 10" sewer line to their site. He also advised that the proposed site is within the desired growth area of the city amd meets all other criteria of the Denton Development Plan. LaForte pointed out that this procedure of Board review fits in with the proposed policy the Board has submitted to the P&Z for consideration. Laney made a motion to recommend to the Planning and Zoning Commission and the Denton City Council approval of the proposed water and sewer line installations. Second by Chew. All ayes, no nays, motion carded. I I I ~t EXHIBIT IV DRAFT i P3Z Minutes April 25, 1990 Page 3 It was moved by Mr. Kamman, secoodod by Mr. Glasscock, and unanimouslfopQ{cy°ownedOby the City oft Dentonerainctludingmtho plan f p proposed Pecan Creek Water Waste Reclamation Plant. III. Consider approval of the preliminary plat of the Pecan Creek Lot 1, Block I. Water Waste Reclamation Plant Addition; STAFF REPORT: Mr. Yost reported that the tract 1s 96.7 acres located approximately 400 feet east of Mayhill Road, immediately west of Pecan Creek and immediately north of Foster Road. It is accessed by a private road called Sewer Plant Roads ion©defor will no exactl p nduet lain usetandl Lharaeare7no property uses on or near City services an the land. requirementsrofathelDenton SubdiviisionnandmLand Development facilities Regulations. The Development Review Committee recommends approval. { Mr. Glasscock moved to recommend approval of the Preliminary plat of the Pecan Creek Water Waste Reclama-ion Plant Addition; Lot 1, Block i. Secor''e,: by Mr. Kamman and unanimously carried (5-0). cat IV. Parkl0eriveP(L ta14t BlockrAtAudra EstatesrAddition).1 of Oak nes V. Consider extension of wata`o and tractwOfoland abouta140racres the with "Plan Linos policy" rpo 15,16) and West of the Santa CFey Railroadd purAand Road (FM Denton Municipal Airport for a proposed distribution center of Food Lion, Inc. that Food Lion Industry is sing 0 Mr. Aliso locatioln inn the Motdroplex for a warehouse distributionecent r, Denton is a Denton is trpyoingitooattract location The Public rUtil©tieseBoard (PUB) and they recommended extending utiI1t1os to the area to encourage Food Lion to locate in Denton. The total cost is yiBS,ODD for a 16" water lino and a 10" sewor lino. to Mr, Engelbrocht asked if this would be enough utilities cover phases 1 and 2 of the proposed development. are sized to furnish the Mr. Alison said yes. 1ho entirolarea. The lines just noodJto bo extvnded to roach now devolopmonts. E i t EXHIBIT IV F C DRAF I P62 Minutes April 25, 1990 Page 4 to the Denton money will not be spent until Food Lion Ms. Brock commits Mr, Allison said Yes. Ms. Brock asked how long it will take to get the lines to the site. µr. Allison said that it will take two weeks of construction plus design time. The utilities will be in place when the company needs them. Mr, Engelbrecht asked what criteria the PUs used to determine when the funds should be released. 4 Mr. Allison said that the exact point in time to begin construction CaL not b} n wait established. The ge bidamay be done and then the Y / releasi. when to Mr. Engelbrecht asked if he had a recommendation on start. the Mr. Allison stated that he rucom csettled roceeding company engineering whop it is pretty well that the is coming to Dentontho props Construction does not need to begin i until they close on ~J Mr. Engelbrec ht asked how long it takes to secure a µ contractor, Mr. Allison said two months. The engineering needs to be done first, Mr. Engelbrecht asked how long it will take Food Lion to construct their facility, Mr. Allison said that it WillThe amazing if theycanado then Ciy could do bids not facility in a year, not do construction obtain until as permit e h wii thb ni l3i ndays rafterwthe i nor 985ctfion drawings another were redono. issued. If they y for s ' lines the i in would area to b subdivision. They can be updated. The developer is paying for a consulting firm to do this so staff time will not be required. Mr. Glasscock moved to recommend approval of the extension of water and wastewater IInes seconded t he MredK moan its in accordance Motion with i P a i l r i t EXHIBIT IV v r 1 Paz M inutes DRAFT April 26, 1990 Page 5 Mr. Engelbrecht moved to amend that construction on the lines not begin until after building permits for the facility are issued. < I 1 Mr, Robbins stated that the amendment may not be needed. There are other scenarios where the City knows that the company will locate there and could begin construction of the utilities, One of Food Lion's concerns is to get this project done as quickly as possible. If the building permit gets held up for any reason, the project could be slowed down, motion to amend tailed for lack of second. Original motion carried unanimously (6-0). I I 1 I i i JCITY COUNCIL I y .11 i.14 I i u i OoOQOQ Of t DOOO~a M~O~ I ~ 4 1 a ~l~N N 1 I ~ I ~~{..ly 1i4y~L~ 11 1.41~♦ I i ,E 1 1 I I 1 2651L-1/36B9 i , i NO. N ORDINANCE ACCEPTING COA1PGf1TIVF. BIDS AND AWAKUING A CONTRACT A EQUIPMENT, SUi'PLIES OR SERVICES; FOR '1'IlE PURC.tIASE OF MATERIALS PROVIDING FOR 'ftlE Er PENDITURF Or FUNDS TREKEFORE; AND PROVIDING FOR AN EFFF.CT'IVE DAf i.ved and tat,ulated W11ERL11S, the City has solicited, rec~ e, ui s rialq, roroceedureIs of competitive lierJ orfservices luinhaaccordancecwith tl etep meat, sups ordinances; and state law and City o W1lEREAS, the Cit Planager or a designated employee has reviewed and recommended that the herein described bids are the ` lowest responsible bids for the materials, eqviI ent, supplies or submitted as shown in the Bid Proposals" therefor; a I WHEREAS, the City Council has provided in the ucclsase of the i the appropriation of su d lies ur servicesrapproved and accepted materials, equipment, PP herein; NOW, THEKEFORF., 111E COUNCIL OF '1H CITY OF DEtJ'1'Uft SIERI:BY ORDAINS: SECTION I. That the numbered items in the following nu~nbere vices, shows ill the bids- or materials, equipment, suIPlies, or ser a'Purchusing "Bid Proposals" on file in tile Uliice of the City' t onsible s Agent ereby ac~c,eptedcandiApp ovedhas bbeingutther lowestnresp hereo, bcuide h for such items: BID ITEM AMOL114T V ENDUR 111.P'1BIat liU. $13,900.00 1100 ALL 3M Company - _ A ummin-SuPli-y Comps' ny - I ~ i t i t i SECTION II. That by the acceptance and approval of the above t h numbered-Ttems of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to E purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sUins contained in the Bid Invitations, Hid Proposals, slid related documents. SECTION Ill. That should the City and persons submitting ` approved &no accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and swnrding of the bids, the City Manager or his designated representative is hereby authorizer] to execute the written contract which shall be attached hereto; provides] that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified As contained M in the Bid Proposal and related bid documents herein approved and I accepted. SECTION IV. That by the acceptance and ap roval of the ;above j numbeced-lems of titre 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 ellective immealately upon its passage and approval. i PASSED AND APPRUVED this day of 199U. ~ KAY S~i'EPI(F.I1~1fAYuA I ATTEST: i JENNIFER WAl.TERS, UTL' -RECRETARY APPROVED AS TO LEGAL FURN: DEBRA ADAMI DRAYOUTCR, CITY ATTURNI:Y r BY: I PAC TWU d r i DATE: May 1, 1990 CITY COUNCIL REPORT f TO: Mayor and Members of the City Council { FROM: Lloyd Y. Harrell, City Manager SUBJECT: DID 11093 - PADMOUNT SWI'PCHGEAR ASSY. RECOIgIENDATION: We recommend this bid h,~ awarded to the lowest bidder meeting specification, Cummins Supply Co., in a total amount of 1 $19,710.00. r SUlWRY: This bid is for two switches for use by the Electric Distribution Department. One switch is for emergency stock and one will replace a smaller switch at Mervyns. i BACKGROUNU: Tabulation Sheet, Memorandum-George Pool. i i 1 PROGRAMS, DEPARIMEVS OR GROUPS AFFECTED: Electric Distribution Division. i i FISCAL 1112ACT: Budgeted Bond Funds Acctk 611-009-0252-9222. I Respe ully submitted: I~ U~ Lloyd Y. Harrell City Manager Prepared by: Name: Denise Manning } Ti tie: Buyer JJ Approved: Name: Tom D. Shaw, C.P.M. I T#tle: Purchasing Agent I 7 I } =a r O ttl t - n M d ' O~ N O C ryHy. a tr+f ~*7 N O m 3 O yH N ro H ~ o yy y JI k N ~ 14 02 Y r H N M J th a t+ Z Cai o o ~ ~ 0 < to L! g o r d a a, LA R! x a n o 0 o N o a x k F+ Ln r b Y O• O A. O N y Fr-+ O CL n O - ^nj~ q A W 2 at O O N o x w n o °o to - ~ yr co "j E b J co n Eu ' X C1 ~O ~O E•i J L.Mo H r J N !J1 Y d. e+ r ~n cn n O a a J O x w (1 J O ~o 0 m ri i 1y. } ♦s 9 d 'a h r i l t r F! :r 1940 9i'l € 3 Iii 2: 36 i 1 DCITYof DENTON MUNICIPAL UTILITIE.S / 901 -A Texas Street Denton,TX76201 I i M E M O R A N D U M TO: Tom D. Shaw, Purchasing Agent FROM: George R. Pool, Engineer Associate I i DATE: March 12, 1990 S SUBJECT: EVALUATION BID #1093, PM SWITCHGEAR ASSY. The Electric Utilities Department recommends the acceptance of the low bid submitted by Cummins. The proposals of the five bids are listed below: I 1. Temple - $7,290.00 2. Prister Supply - 7,291.00 3. Cummins - 7,127.00 4. Poleline - 8,074.75 5. Wisco - 7,571.79 i If you have any questions please contact me at 566-8231. GP/ks ~J 04120040 c s e DATE: May 1990 { CITY CUUNCIL REPORT f TO: Mayor and Members of the City Council { i ~ I FROM: Lloyd V. Harrell, City Manager SUBJECT: 131D 11100 - pAVEMENT MARKERS recommend this bid be awarded to the lowest bidder RECU19lENDATIOIi: we meeting specification, 3M Co., in the total amount of $13000.00. 1 SUIIIIARY: This bid is for the purchase of pavement markers for use by the Traffic Control Department. These pavement markers will be used for marking the new Ave. A. reconstruction project. I BACKGROUND: Tabulation Sheet, Memorandum-Jerry Clark. ` PROGRAFIS DEPARTMENTS OR GRUUPS AFFECTED: Transportation Engineering FISCAL i(IPACT. Street Bond Fund Acct. #434-002-SR85-8519 d: ubmitte Respect i?re Lloy V. Hll City Manager Prepared by: r.. Z 4 Name; Deniso Manning Title: Buyer Approved: Name: Tom D. Shaw, C.P.M. 11LIC: Purchasing Ayent } -r f I I' 1 t D t n a 7 p 61 L i f7 S rl rD ~ O~ 01 N Lor, t f I~ I H H N ~ ~ a b r r E M I0 i~ C c ~~-s71 N j.i ~ C Gz1 O r*~ •a C ~ [ y O SO n ~1 M~ 'd M o • • N i t ~ o N o ° N r' r t✓ N • • • t o ~ °a a a A ~ If Q • • Z p o u O VVV 7O 00 co pp co t7 k X C Dh { C to pZ C I t ~ j ~ i r 3 I f i CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 3 MEMORANDUM 3 DATE: April 24, 1990 TO: Tom Shaw, Purchasing Agent FROM: Jerry Clark, Director of Engineering/Transportation SUBJECT: Bid #1100 - Pavement Markers Personnel from the Traffic Division have reviewed the bids ,received on April 19, 1990. The low bid from 3M Corporation is very acceptable to us as the prices range from 10 - 20 cents loe'er than the previous bid from Ray-O-Lite. We also feel the quality of the 3M buttons and the ability of the button to hold to the road surface are much superior. we recommend the bid be awarded at the earliest possible dote ` with shipment as soon as possible. Part of this order is necessary to mark the new Avenue A Reconstruction Project. Please advise if you have any questions. Je ry C ark 0644E I a r ' E t f CITE'' COUNCILi i 1 l~ +ooaaaooo~ boo o ~ o , ~~~~~a G ♦H a 41 ! J ai. I I+ 1 r ! it M, a : CiTY of DENTON, TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 7620E / TELEPHONE(817) 566.8200 } r E 1 MEMORANDUM I l I r T0: Mayor and City Council Members FROM: Betty McKean, Executive Director of Municipal Services and Economic Development I SUBJECT: ADOPTION OF ORDINANCE TO ESTABLISH DENTON ENTERPRISE ZONE I 7 S DATE: May 1, 1990 ! This is a request for adoption of an ordinance to establish Denton Enterprise Zone I. Attached hereto is the subject ordinance, a legal description, and } map of the proposed site. t I will be ava Ible to respond to questions you may have regarding this ordi nce. ntt Kean wp Attachments 2932j/1 I f i r i I P j } G `f 2939L f f { f E I ORDINANCE NO. AN ORDINANCE OF ESTABLISHING AN THE CITY COUNCIL OF t MITS OF THE ENTERPRISE ZONE THE CITY OF DENTON LI j THE CITY OF DENTON (ENTERPRISE ZONE I) TEXAS J CITY: AND PROVIDING AN EFFECTIVE DATE, WITHIN THE AND THE RXTRATERRITORIAL JURISDICTION WHEREAS, the Cit to create the y Council of the Cit Of Dentons investment of Proper economic and socialyenvironment i toxas desires located in a Pr severely distressed in productive inducethe extraterritorly distressed business enterprises residents of jurisdiction, and atoea the City and its such area; and, Provide employment WFlEREAS to a threat ' certain conditions exist in such area which re area and to the health, safety, and welfare present of the people in the WHEREAS, the Cit County described y hereby sands that the area of the i criteria for designation as attached hereto h he Cit Texas Ent of the Enterprise Zone y and mees cri an enterprise zoneunde ZronSeectio n t4 boundar(the 'Act•), on the grouActe Tex, nds that Rev, Civ, Stat. Ann, art, conditionand is 9'11 s9uare miles in the Zone has a resent a tlireat to the following conditions total area and continuous other exist in the zoneawzone: ~ health, safety, and welfare of the A, The a erage Unemployment the is available is cent 12-month periodpfordwhich data times the at least one and one-half local, state or national average (1-1/2) I4 Perlod; and, for that I 9, The proposed area meets the following (i; the area was a low-income criteria: ` 4 cording to the most recent ederal Y census; us: ac- (ii) at least seventy percent (701) of the resi- dents of the area have an income below eighty percent (809) of the median income of the residents of whichever is the locality or state, lower: and WHEREAS, the City finds that it is in 1 City to nominate the Zone as the best interest I` Act: and, an enterprise of the zone pursuant to the it i 4 0 i~ 1 2939L i l[I] 1 1 ORDINANCE NO. t I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ESTABLISHING AN ENTERPRISE ZONE (ENTERPRISE ZONE I) WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION 1 OF THE CITY1 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas desires to create the t proper economic and social environment to induce the investment of private resources in productive business enterprises located in a severely distressed area of the City and its extraterritorial jurisdiction, and to provide employment to residents of such areal and, WHEREAS, certain conditions exist in such area which represent a threat to the health, safety, and welfare of the people in the areal and WHEREAS, the City hereby finds that the area of the City and County described in Exhibit 'A' attached hereto (the 'zone') meets the criteria for designation as an enterprise zone under Section 4 of the Texas Enterprise Zone Act, Tex. Rev. Civ. Stat. Ann. art. j 5109.7 {the 'Act'), on the grounds that the Zone has a continuous boundary and is 9.11 square miles in total area and, among other conditions, the following conditions exist in the Zone which rep- resent a threat to the health, safety, and welfare of the Zone: A. The average unemployment in the proposed area dur- ing the most recent 12-month period for which data i is available is at least one and one-half (1-1/2) times the local, state or national average for that periodi and, B. The proposed area meets the following criteria: (i) the area was a low-income poverty area ac- cording to the most recent federal census; (it) at least seventy percent (70%) of the resi- dents of the area have an income below eighty percent (80%) of the median income of the residents of the locality or state, whichever is lowers and i WHEREAS, the City finds that it is in the best interest of the City to nominate the Zone as an enterprise zone pursuant to the Acts and, ! i s n t i 3 4 I i WHEREAS, the city hereby desires to designate the Zone a 312. 01 and purposest as provided 312.401 of Section reinvestment 11 n of zthe Act for and xSectionabatement the Texas Tax code, as amendedt J NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The Zone meets the criteria for designation of an enterpr se zone as set forth in Section 4 of the Act. SECTION 11. The City hereby nominates the area described in Exhib t A a3 an enterprise zone, in accordance with the Act. i SECTION _III. The City hereby designates the zone an enter- prise zone and a reinvestment zone subject to the approval of the I Texas Department of Commerce. f SECTION IV. Upon approval by the Department, the zone will be name Denton Enterprise Zone 1.' SECTION V. The Zone shall take effect on the date of the negot ate agreement to be entered into oy the City and the or pat tan n terminate ( years time designated by subsequent resolution, { SECTION VI. The City directs and designates the Mayor of the t authorized and representative designation of t the all city matters tpertaining City's the nomination Zone as an enterprise zone and a reinvestment zone. SECTION VII. The City further directs and designates the Execut ve D rector of Economic Development as liason for com- munication with the Department to oversee zone activities and communications with qualified businesses. SECTION VIII s the City Council enterprises provide the ozone iwhich incentives cable to app ~ are not applicable throughout the City as follows: The City shall abate taxes on the increase in value of real and personal property improvements for new, expand- ing and modernizing basic industries, corporate office headquarters and distribution centers in a designated enterprise zone. The level of abatement shall be based o accordance value wiof the imrovements and th the attach d Exhibit OB" pal property in PAGE 2 1 i t i t { SECTION IX. That a public hearing to consider this ordinance was held by the city Council on April 17, 1990. SECTION X. This ordinance will become effective imme ate y upon its passage and approval. t PASSED AND APPROVED the day of f 1990. j RAY STEPHENS, MAYOR i ; i ' ATTEST JENNIFER WALTERS, CITY SECRETARY 4 I + i BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 3 t i 1 w i :y i ii t EXHIBIT "A' t The general description of the area of the Enterprise Zone I is t as follows: All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of rexas and being more particularly described as follows: BEGIRAING at the intersection of the centerline of Jim Christal Road with the centerline of North Hickory Creeks fdEACE in an easterly direction with the centerline of Jim Christal road to the centerline of the Dry Fork of Hickory Creekr 1 THENCE with the meander of the Dry Fork of Hickory Creek to the intersection with a stream from the northeast (Stream DF-2 on FIRM maps); THENCE in a northeasterly direction with Stream DF-2 to the centerline of Jim Christal roadr THENCE in an easterly direction with the centerline of Jim Christal Road and crossing the centerline of Interstate Highway 1 IA-35 and continuing with the centerline of Scripture Street to a point in the centerline of Ponder Streetr THENCE in a northeasterly direction with the centerline of Ponder 1 Street to a point in the centerline of Congress Streetr 1 THENCE in an easterly direction with the centerline of Congress Street to a point in the centerline of Carroll Boulevardi rHENCE in a southerly direction with the centerline of Carroll Boulevard to a point in the centerline of West dickory Street; THENCE in a westerly direction with the centerline of West Hickory Street to a point in the centerline of Bernard Street; THENCE in a southerly direction with the centerline of Bernard Street to a point in the centerline of Eagle Drivei THENCE in a westerly direction with the centerline of Eagle Drive to a point in the centerline of Avenue D; THENCE in a northerly direction with the centerline of Avenue D to the centerline of Prairie Street; THENCE in a westerly direction with the centerline of Prairie Street to a point in the centerline of Avenue E; THENCE in a southerly direction with the centerline of Avenue E to a point where the eastward extension of the south boundary line of the Owsley Addition intersects the centerline of Avenue Er i i r~ 5 { x i !4 6 1 r Zone I page 2 THENCE in a westerly direction kith the south boundary line of j the owsley Addition to the centerline of Bonnie Bcae Street; THENCE in a northerly direction with the centerline of Bonnie Brae Street to a point in the centerline of West Prairie Street; THENCE in a westerly direction with the centerline of west Prairie Street to a point in the baseline of interstate Highway I35Wr ' THENCE in a southerly direction with the baseline of 135-14 to a point in the center of Hickory C,:eek; S THENCE in an easterly and southerly direction with the meanders of Hickory Creek to a point in the east boundary line of the S. Pritchett Survey Abst. No. 1021; THENCE in a southerly direction with the east boundary line of the S. Pritchett survey line a distance of 1,500 feet to a point; THENCE in an easterly direction to the centerline of Bonnie Braer THENCE in a southerly direction with the centerline of Nonnie Brae to the northwest corner of the J. Severe Survey Abst. No. 1164; THENCE in a easterly direction along the north boundary line )f said survey to the centerline of the Union Pacific Railroadr THENCE in a southwesterly direction with the centerline of the Union Pacific Railroad to a point in the north line of the H. Hagood Survey A-517 Denton County, Texas; THENCE in a westerly direction with the north line of said Hagood Survey to its most northerly northwest corner; THENCE in a southerly direction with a westerly line of said Hagood Survey to a re-entrant corner of said survey; THENCE in a westerly direction with the center of Johnson Lane and continuing in a westerly direction to the baseline of IH-35W; THENCE in a southwesterly direction with the baseline of IH-35W a distance of 2000' to a point for a corner; THENCE in a northwesterly and a right angle to the previous course 1150' to a point for a cornea THENCE in a northeasterly direction parallel with and 1750' northwesterly from the baseline of IH-35W a distance of 2200' to a point for a corner; e ~ i Zone I page 3 I THENCE in a southeasterly direction with a 900 degree deflection to the right 1100' to a point for a corner; i THENCE in a northeasterly direction parallel with the baseline of 4 Iii-35W a distance of 2600' to a point for a corner; i THENCE in a northwesterly direction 1100' to a point for a corner; THENCE in a northeasterly direction parallel with the baseline of s' IH-35W to the centerline of John Paine toad; k THENCE in a northerly direction with the centerline of John Paine ~ Road to the centerline of FM Highway 2449; THENCE in an easterly direction and a northerly direction with the centerline of FM 2449 and also the centerline of Underwood 1 Road to the centerline of Hickory Creek; r THENCE in a northwesterly direction and up the meanders of Hickory Creek and the meanders of North Hickory Creek to the POINT OF BEGINNING and containing 9.11 square miles. s i ' t I r i I 2449k/3 1 t ' k 1 yF I i i S G L I EXHIBIT "B° I 4 { DENTON POLICY POR TAI ADATIMNT j 1 I f I. GENERAL PURPOSE AND OBJ1C?IVW The City of Denton (City), the Denton Independent School District (DISD) and Denton County are committed to the proeotion of high quality development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar As these objectives are L~ generally served by the enhancement and expansion of the local economy, the City of Denton, DISD, and Denton County will, on a case-by-case ~ f basis, give consideration to providing tax abatement as a stimulation for economic develupment in Denton. It is the policy of the City and DISD that said consideration will be provided in accordance with the procedures and criteria outlined in this do.awnt. Nothing herein shall Imply or suggest that the City, DISD or Denton County are under any obligation to provide tax abatement to ww applicant. All I applicants shall be considered on a case-by-case basis. Tax inducownts, as described to this policy, will be considered for new, expanding and modernizing basic industries, corporate office headquarters and distribution centers. ~i . -2- i i lI. CRITERIA Any request for a tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being comprised of two elected officials from each of the taxing entities involved. O,ie additional staff person from each Jurisdiction snail be appointed to serve as a nonvoting, ex officio member of the committee. The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding whether economic development incentives should be offered in each individual case. Their recommendation shall i be based upon an evaluation of the following criteria which e ' ach applicant will be requested to address in narrative format: i i 1. History and Philosophy of the firm: a) Nature of products and geographic penetration. b) Financial statements for past five years or life of firm whichever is shorter. c) Chronology of plant openings, closings, b relocations over past 15 years. d) Record of mergers and financial restructuring during last five years. e) Record of employment and training provided for handicapped and chronically unemployed. 4T90N (Rev. 04/26/90) r r -3- t 2. Project Specifications: Ilf a) Provide plat of project including all roadways, land use and ` zoning within 500 feet of site. Legal description of site is required. b) Is the project a relocation or new facility to expand operations. If relocation, give current location. c) Project investment in real and personal property at the above site for each of the next ten years. d) Project permanent employment for next ten years resulting from the new investment. Indicate number of jobs that will be filled by people from outside the nvA roplex. Include estimated average annual salary on new jobs. e) What is the total current payroll and the projected payroll when project is completed. f) Describe employment training requirements including provlO ons for training handicapped and chronically unemployed if i applicable. g) Project utility (gas, electricity, water, etc.) usage for each of next ten years. N) Estimate the infrastructure (streets, sewer, water, etc.) requirements necessary to operate the new facility. i) Estimate the annual operating budget for next ten years. J) will the occupants of the project be owner or lessees? if lessees, are occupancy commitments already existing? k) Give the name, address, and telephone number of contact person. 3. The community impact of the project: a) Project the value of real and personal property that will be added to the tax rolls. b) Using current rates estimate the additional taxes that will be directly generated by the project without considering any proposed abatement for each of the affected taxing entities for each of the next ten years. c) for each taxing entity indicate the amount of tax abatement requested for each of next ten years. d) Estimate the increase in investment in other local businesses resulting from the project for the next ten years. 4790M (Rev. 04/26/90) k f i. i 't 4 -4- i e) Estimate the increased housing needs in the area resulting from f the project for ten years. f) Estimate the increase in the tax rolls for each taxing entity for the next ten years. g) Estimate the infrastructure construction that would be required because of the grcowth resulting indirectly from the project. h) Provide the specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting entity. i) Estimate the increase in students by grade level resulting from the project including the multiplier effect (indirect growth) for the next ten years. Show the increase for each impacted school district. J) Provide description of any historically significant area included within the project's area. If any, give detail of how the historically significant area will be preserved. i k) Provide information of any detrimental effect on existing businesses, recreational areas, and residential area. 1) Provide details of any benefit to an area of the community f targeted for revitalization/redevelopment. E I E i I~ 4790M (Rev. 04/26/90) 1 d t f r i r R 5- 1 111. VALUE Of INCENTIVES i The criteria outlined in Section 11 will be used by the Joint Committee i on Tax Abatement in determining whether or not it is in the best , interests of the affected taxing entities to recommend that tax abatement be offered to a particular facility. Specific considerations will include the degree to which the individual project furthers the goals and cbjectives of the community, as well as the relative impact of the project. New, expanding and modernizing businesses will be 1 ' eligible for abatement if the minimum threshold, as described below, is met. i Once a determination has been made that t tax abatement should be offered, the value and term of the abatement will be determined by I referencing the following table: propertyo assessed real of u improvements and abatement personal according TABLE 1: property h valuemaximum VALUE OF STRUCTURE MAXIMUM MAXIMUM AND PERSONAL PROPERTY YEARS OF PERCENT OF IN MILLIONS ABATEMENT ABATEMENT _ 100 10 25% 80 9 25% 65 8 25% SO 7 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% 4790M (Rev. 04/26/90) Y .r I ti E ~ t i E i ;E E 1 6 - I i If an existing business is located within the jurisdictions and decides to boundaries of the participating expand or relocate within such boundaries actual value of the structure shall be multi lied b the Table 1. If the expanding tip Y 125% Prior to utilizing g or relocating business is or improvements within the Jurisdictions abandoning any property shall be subtracted from , the value of this abandoned property 11 the new value figure by 125%, Prior to multiplying the value The tax abatement shall not a PFiv to any portion of the land value of the project, i Applicants agreeing to extend I utilities infrastructure improvements to improve other industrial (streets and Chamber of sites which can be marketed by the Commerce Economic Development Director may be eligible for a greater tax benefit than those described above by ~J financing procedures, y utilizing tax increment The offering of such an inducement will be evaluated on a case-by-case basis dependent upon the applicant's ability to make available improved industrial sites. Preliaf~ n_~A ifcr ton IV. PROCEDURAL WIDELIMES Any person, organization or corporation desiring that the City or DISD consider providing tax abatement expansion of facilities within to encourage location or the limits of the Jurisdictions shalt 4740N be required to comply with the following procedural guidelines. (Rev. 04/26/go) IIf F 41 41 1 `rI 1, t r it { f II r -6- ss f i If an existing business is located within the boundaries of the participating f jurisdictions and decides to expand or relocate within such boundaries, the k actual value of the structure shall be multiplied by 125% prior to utilizing 4 Table 1. If the expanding or relocating business is abandoning an Y Property or improvements within the jurisdictions, the value of this abandoned property shall be subtracted from the new value figure prior to multiplying the value by 125%. The tax abatement shall not apply to any portion of the land value of the project. l Applicants agreeing to extend infrastructure improvements (streets and s utilities) to improve other industrial sites which can be marketed by the Chamber of Commerce Economic Development Director may be eligible for a greater tax benefit than those described above by utilizing tax increment financing procedures. The offering of such an inducement will be evaluated on I a case-by-case basis dependent upon the applicant's ability to make available improved industrial sites. Prel4a~inarv Anollcation IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City or DISD consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. 4790A (Rev. 04/26/90) i i -7- i E Nothing within these guidelines shall imply or suggest that either the City, ! or D1SD, is under any obligation to provide tax abatement to any applicant. i A. Applicant shall complete the attached 'Application for Tax Abatement.' B. Applicant shall address all criteria outlined in Section 11 above in narrative form. C. Applicant shall prepare a map showing the precise location of the property and all roadways within 500 feet of the site. D. If the property is described by metes and bounds, a complete legal description shall be provided. j I al E. Applicant shall complete all forms and information detailed in items A through D above and submit them to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. Application Review Steps F. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may I be requested a; needed. 4790M (Rev. 04/26/90) 1 I G A l t 1 s i J ' G. The application will be distributed to the appropriate City and 31SD departments for internal review and comments. Additional information i may be requested as needed. If N. Copies of the complete application package and staff comments will be I provided to the Joint Committee on Tax Abatement. Consideration of the Appl cation i 1. The Joint Committee on Tax Abatement will consider the application at, a regular or called meeting(s). Additional information may be requested as needed. I i ~ I J. The recommendation of the Joint Committee on Tax Abatement will be l forwarded, with all relevant materials, to the chief administrative office of each taxing entity. 4 K. The (''ity Council of Denton may consider a resolution calling a public hearing to consider establishment of a tax reinvestment zone. L. The City Council of Denton may hold the public hearing and determine whether the project is feasible and practical and would be of benefit to the land to be included in the zone and municipality." Special consideration shall be given to policies noted in the Denton I Development Plan when designating a tax reinvestment zone. 4190M (Rev. 04/26/90) t f { ;n r 'v I ; i Iiek i I s ~ i M. The City Council of Denton may consider adoption of ao ordinance designating the area described in the legal description of the I proposed project as a commercial/industrial tax abatement tone. r - N. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of { the applicant. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void, and all ;bated taxes shall be paid immediately to the City of Denton and all other taxing I , jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. 0. The governing bodies of the various taxing entities may consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant. Any tax abatement agreement will address various issues, including, but not I limited to, the following: 1. General description of the project; i 2. Mount of the tax abatement and percent of value to be abated each year, 4190M (Rev. 04/26/90) I I r7 ¢ I 1 t k , i i i IL - 3 3. Method of calculating the value of the abatement; 4. Duration of the abatement, including commencement date and c termination date; 5. Legal description of the property; J 6. Kind, number, location and timetable of planned improvements; i 7. Specific terms and conditions to be met by applicant; I 8. The proposed use of the facility and nature of construction; 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent tares, recapture, administration and assignment. Annual Evaluation Upon completion of construction, the Joint Committee on Tax Abatement shall annually evaluate each facility receiving abatement to insure compliance with the agreement and report possible violations of the agreement to the taxing entities. 4790M (Rev. 04/26/90) I ~e r i .r i i I t tS ~y I 1 1 I t - 11 - C f 1 ~ I Transfer or Assignment A contract for tax abatement may be transferred or assigned by the original applicant to a new owner upon the approval of the various taxing jurisdictions after such a recommendation is made by the Joint Committee on Tax Abatement. i i I I s i li r 4790M (Rev. 04/26/90) 4 ~ r , i I l ~ F e ;E E } r i } ~t kj I i i ~ 1• APPENDIX A DEFIMITIOMS A. 'Abatement" means the full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. I 8. 'Agreement' means a contractual agreement between a proparty owner and a taxing jurisdiction for the purpose of tax abatement. i i C. 'Basic industries' are defined in the Denton Development Plan as those which produce goods or services at least 51% of which are directed to ` serve people outside of the City of Denton and are listed in the Standard Industrial Classification (SIC) of the Department of Commerce, except for i groups 52-59 under retail trade. D. 'Expansion' means the addition of buildings, structures, fixed machinery, or equipment for the purpose of increasing production capacity. I E. 'Facility' means property improvements completed or in the process of construction which together comprise an integral whole. i +I 1 4790M (Rev. 04/16/90) II Fl- i. t { I i _ 2_ i l s r F. 'Joint Committee on Tax Abatement' is a group of representatives from Denton County, the City of Denton, and the Denton Independent School District formed to study and evaluate any proposal regarding the offering ` of tax abatements within the community. The Committee will consist of two elected representatives from each governmental entity and one staff member from each entity. The staff members shall serve as nonvoting, ex officio members. I G. 'Modernization' means the replacement and upgrading of existing . facilities which increases the productive input or output, updates the technology, or substantially lrwers the unit co,t of operation, and extends the economic life of the facility. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery, or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing, or completion of deferred maintenance. H. 'New facility' means a property previously undeveloped which is placed into service by means other than expansion or modernization. 1. 'Reinvestment Zone' is an area designated as such for the purpose of tax abatement as authorized by Subchapter B, Municipal Tax Abatement, Title 3, Local Taxation, Vernon's Texas Codes Annotated. 4790H (Rev. 04/26/90) S i j i i G tfi 4 t -3- t P i 3. 'Tax increment financing' is the use of some or all of increased property i tax %revenue resulting from the redevelopment of an area to finance development-related costs in that district. Tax increment financing divides tax revenue from the area into two categories. Taxes on the r predevelopment value of the tax base (the tax increment base) are kept by each taxing body, while some or all of the taxes from the increased value of property resulting from redevelopment (the tax increment) are k deposited by each jurisdiction in a tax increment fund. Money in the tax increment fund is used to repay T1F-backed bonds that are issued to i finance; public improvements in the redevelopment area. I 4790M (Rev. 04/26/90) ;i r 1 r I l i. 4 I APPLICATION FOR TAX ABATEMENT I 1. PROPERTY OWNER MAILING ADDRESS TELEPHONE NUMBER 2. PROPERTY OWNER'S REPRESENTATIVE MAILING ADDRESS TELEPHONE NUMBER 3. PROPERTY ADDRESS _ PROPERTY LEGAL DESCRIPTION (PROVIDE ATTACHMENTS IF BY METES AND BOUNDS) 1 i 4. LOCATED WITHIN: CITY OF DENTON D.I.S.D DENTON COUNTY 5. DESCRIPTION OF PROJECT: _ 6. DATE PROJECTED FOR OCCUPANCY OF PROJECT/INITIATION OF OPERATIONS: 7. NARRATIVE RESPONSE TO CRITERIA QUESTIONS IN SECTION 11 ATTACHED. YES NO COMMENTS: 4796M i I i CITY COUNCIL T i .t l.. o3oaaaaobo~o ~ O C ~aF ~ O j o t t 0 u, 4 y~ wow- x ~ i i i O # city of omrON / 215 E. McKinney / Denton, Texas 76201 i MEMORANDUM i TO: Mayor and City Council Members PROM: Betty McKean, Executive Director of Municipal Services and Economic Development t SUBJECT: ADOPTION OF ORDINANCR TO ESTABLISH DENTON ENVERPRISE ZONE II I I DATE: May it 1990 This is a request for adoption of an ordinance to establish Denton Enterprise Zono Attached hereto is the subject ordinance, a legal description, and map of the proposed site. ' I will be available to respond to questions you may have regarding this ordinance. 4et cKea wp Attachments 2932j/2 i i a c 2942L ORDINANCE NO. N i i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ESTABLISHING AN ENTERPRISE ZONE (ENTERPRISE ZONE II) WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in a severely distressed area of the City and its extraterritorial jurisdiction, and to provide employment to residents of such area; and, WHEREAS, certain conditions exist in such area which represent a threat to the health, safety, and welfare of the people in the area; and i WHEREAS, the City hereby finds that the area of the City and county described in Exhibit 'A' attached hereto (the 'Zone') meets the criteria for designation as an enterprise zone under Section 4 of the Texas Enterprise Zone Act, Tex. Rev. Civ, Stat. Ann. art. 5109.7 (the 'Act'), on the grounds that the Zone has a continuous boundary and is 7.31 square miles in total area and, among other conditions, the following conditions exist in the Zone which rep- resent a threat to thL health, safety, and welfare of the zone: A. The average unemployment in the proposed area dur- ing the most recent 12-month period for which data is available is at least one and one-half (1-1/2) timer the local, state or national average for that period; and, B. The proposed area meets the following criteria: (i) the area was a low-income poverty area ac- cording to the most recent federal census; (ii) at least seventy percent (708) of the resi- dents of the area have an income below eighty percent (808) of the median income of the residents of the locality or state, whichever is lower; and WHEREAS, the City finds that it is in the best interest of the City to nominate the Zone as an enterprise zone pursuant to the Act; and, 1 I i i I ` I I 1 WHEREAS the city hereby desires to designate the Zone a , reinvestment zone for tax abatement purposes, as provided by Section 11 of the Act and Section 312.201 and Section 312.401 of the Texas Tax Code, as amended; k NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY f ORDAINS: ~ SECTION I. The Zone meets the criteria for designation of an enterpr se zone as set forth in Section 4 of the Act. SECTION 11. The City hereby nominates the area described in Exhibit 'A' as an enterprise zone, in accordance with the Act. f SECTION III. The City hereby designates the zone an enter- prise zo-- n a reinvestment zone subject to the approval of the Texas Department of Commerce. SECTION IV. Upon approval by the Department, the Zone will be named benton Enterprise zone 11.' SECTION V. The zone shall take effect on the date of the negotiated agreement to ,be entered into by the =ist the arnd th eafter Department . The Zone shall terminate seven (7) Ye or at an earlier time designated by subsequent resolution. SECTION VI. The City directs and designates the Mayor of the City matters tpertainingC o the nomination representative to oftthe all mat Zone as an enterprise zone and a reinvestment zone. SECTION VII. The City further directs and designates the Executive D rector of Economic Development as liason for com- conimmucantion t Department zone activities and mu SECTION VIII cables to the City Council will eprionvile the czoneiwhich are ince:n-Ces a pp are not applicable throughout thf. City as follows: The City shall abate taxes on the increase in value of real and personal property improvements for new, expand- { ing and modernizing bas.,: industries, corporate office headquarters and distritution centers in a designated enterprise zone. The level of abatement shall be based ipoanccothe iit ached Exhibit pg:sonal property PAGE 2 f r d SECTION IX. That public hearings to consider this ordinance was held by the City Council on April 17, 1990 and May 1, 1990. 3 SECTION X. This ordinance will become effective imme iat~- ely upon its passage and approval. PASSED AND APPROVED the day of 1 1990. I RAY STEPHENS, MAYOR i it ATTEST JE14NIFER WALTERS, CITY SECRETARY 1 BY. APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i PAGE 3 x I~ I i Exhibit i 3 'The general description of the area of the Enterprise Zone fI is as follows: r All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas and being more particularly described as follows: BEGINNING at the point of intersection of the baseline of Interstate Highway IH-35 with the north line of the A. White Survey A-1406, Denton County Texas; THENCE in an Easterly direction with the north line of said White Survey to the centerline of Bonnie Brae Street, THENCE in a southerly direction with the center line of Bonnie Brae Street approxima~.ely 1800' to a point for a corner; THENCE in an easterly direction to the east boundary line of the J. Collard Survey A-297 Denton County, ryas; i THENCE in a southerly direction with the east boundary line of 'I said Collard Survey to the center line of Riney Road; THENCE in a westerly direction with the centerline of Riney Road to the centerline of State Highway 77; THENCE in a southeasterly direction with the centerline of Highway 77 and in a southerly direction with the centerline of North Elm street to the centerline of Hickory Street; THENCE in a westerly direction with the centerline of West Hickory street to the centerline of Bernard street; r ~J THENCE in a southerly direction with the centerline of Bernard street to the centerline of Collins street; THENCE in an easterly direction with the centerline of Collins street to the centerline of Carroll Boulevard; THENCE in a southerly direction with the centerline of Carroll Boulevard and also with the centerline of Ft. Worth Drive to the baseline of Interstate Highway I-35E; THENCE in a southeasterly direction with the baseline of IH-35£ to the centerline of Dallas Drive; THENCE in a northwesterly direction with the centerline of Dallas Drive to the centerline of shady Oaks Drive; THENCE in a northeasterly direction with the centerline of Shady Oaks Drive to the centerline of the M.K. 6 T. Railroads M I t f ~ t Lone II page 2 r THENCE in a southeasterly direction with the centerline of the M.K. & T. Railroad to the centerline of Mayhill Road; i THENCE northerly direction with the centerline of Mayhill Road to the centerline of State Highway FM 426; rHENCE in a westerly direction with the centerline of State Highway FM 426 to the centerline of Loop 2881 'THENCE in a northerly direction with the centerline of Loop 286 to the centerline of Highway 3801 t rHENCE in an easterly direction with the centerline of State Highway 380 to a point lying north of the most westerly northeast corner of a tract described in deed recorded in Volume 1783, Page 780 of the Real Property Record of Denton County, Texasl THENCE in a southerly direction passing the most northerly northeast corner of said tract to a re-entry corner of said tract; THENCE in an easterly direction along the southerly north boundary line of said tract passing its most easterly northeast corner and continuing to the centerline of Trinity Road; THENCE in a southerly direction with the centerline of Trinity Road 900' to a point for a corner; THENCE west to a point in the west boundary line of said tract to a point for a corner; THENCE north along the west boundary line of said tract, passing the northwest corner of said tract and crossing to the centerline of State Highway 380; THENCE in a southwesterly direction with the centerline of ~J Highway 380 to the centerline of Geesling Road; THENCE in a northerly direction with the centerline of Geesling Road to the centerline of the Fishtrap Road; THENCE in a westerly direction with the centerline of Fishtrap Road to the centerline of the Union Pacific Railroad; THENCE in a southwesterly direction with the centerline of the Union Pacific Railroad to the centerline of Cooper Creek Road; THENCE in a southerly direction with the centerline of Cooper Creek Road to a point lying west from the northwest corner or a tract described in a deed recorded in Volume 1918 Page 596 Real Property Records of Denton County, Texas; THENCE in an easterly direction along the north boundary line of said tract passing its northeast corner and continuing to the I northeast corner of a tract described in deed recorded in Volume -04, Page 351 Deed records of Denton County, Texas; i E' Zone II page 3 i THENCE in a southerly direction along the east boundary line of ' the past mentioned tract to the centerline of State Highway 380; of State THENCE in a ww-sterly direction of State with Higthe hway centerline Loop 1 289; Highway 380 to the 3 THENCE in a southerly direction with the centerline of Loop 288 to the westerly extension the southerly north oatract recordedinVolume636 P ge261oftheDe dRecordsofDenton County, Texas; north to easterly the e re-entrant direction corner of said h tractttherly THENCE boundary l line an THENCE in a northerly direction to the northerly northwest corner of said tract; THENCE in an easterly direction to the centerline of Mayhill Road; THENCE in a southerly direction with the centerline of Mayhill Road to the south line of said tract; THENCE in a westerly direction with the south line of said tract to the centerline of Loop 288; THENCE in a southerly direction to the centerline of FM 426; THENCE in a westerly direction to the centerline of Ruddell Street; THENCE in a Street to thencenterline of the UnionhPacificeRailroad; of Ruddell THENCE in a southwesterly direction with the centerline of the Union Pacific Railroad to the centerline of Sycamore Street; THENCE in a wa~terly direction with the centerline of Sycamore Street to the centerline of Elm street; THENCE in a northerly and westerly direction with the centerline of Elm street and the centerline of Highway 77 to the centerline of Bonnie Brae Street; THENCE in a southerly direction with Brae street to an eastward extension of the centecli of Westgate Drive; THENCE in a westerly direction with the extension of the centerline cf Westgate Drive and to the baseline of Interstate IN 35; N f f J I ' t `I I 3 i' i Zone II page 4 { THENCE in a nortterly direction with the baseline of I.H.-35 to f the westerly extension of a tract described in deed recorded in Volume 604, Page 656 of the deed records of Denton County, Texas; THENCE in an easterly direction along the south boundary line of t said tract to the southeast corner of said tract; THENCE in a northerly direction along the east boundary line of said tre.ct to the centerline of Highway 77; THENCE in a northwesterly direction along the centerline of State ' Highway 77 to the baseline of Interstate Highway 35; r THENCE in a northerly direction with the baseline of interstate Highway 35 to the POINT OF BEGINNING and containing 7.31 square miles. i i E i I I~ J 2449k/5 I i ~ f i I I i i EXHIBIT "B" DgNTON POLICY POR TAY ARAMMUT 1. ORMIRAL PUM51 AND OBJRCIIV93 i The City of Denton (City), the Denton Independent Sethool District (DISD) and Denton County are committed to the promotion of high quality development in ail parts of the city and to an ongoing improvement in v. V the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Denton, DISD, and Denton County will, on a rase-by-cu s 11 basis, give consideration to providing tax abatement as s.stimulation 1 for economic development in Dentin. It is the policy of the City and DISD that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City, DISD or Denton County are under any obligation to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis. Tax inducements, as described In this policy, will be considered for new, expanding and modernizing basic industries, corporate office headquarters and distribution centers, w I 1 • J I 1C -2- ~ L l 1 ii. CRITERIA Any request for a tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being compr4tod of two . elected officials from each of the taxing entities involved. One ' additional staff person from each Surisdi%;tion shall be appointed to serve as a nonvoting, ex officio member of the committee. The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding whether economic development incentives should be offered in each individual case. Their recommendation shall be based upon an evaluation of the following criteria which each applicant will be requested to address in narrative format; 1 1. History and Philosophy of the firm: 1 a) Nature of products and geographic penetration. b) financial statements for past five years or life of f'rm whichever is shorter. c) Chronology of plant openings, closings, 6 relocations over past 15 years. d) Record of mergers and financial restructuring during last five years. e) Record of employment and training provided for handicapped and chronically unemployed. 4790A (Rev. 04/26/90) f f 1 1 7 I I` 1 -3 i 2. Project Specifications: a) zoning Provplat of ide 500 feet tofinsite, Legall droadways escription Of site and required. b) ois the perations. if relocation, give current locatiolnlty to expand c) Project investment in real and personal property at the above site for each of the next ten years. d) Project permanent employment for next ten years resulting from the new investment. Indicate number of jobs that will be filled by people from outside the metroplex. Include estimated average annual salary on new jobs. e) What is the total current payroll and the projected payroll when project is completed. f) for Describe training handicappedg andui cbronicallyludunemployed coif applicable. g) Project utility (gas, electricity, water, etc.) usage for each of next ten years. the new facilitywater, etc.) necessary to infrastructure (streets, h) Estiate irements the requ i) Estimate the annual operating budget for next ten years. commitments the proect be owner or lessees? If J) Will lessees, are occupants occupancy of k) Give the name, address, and telephone number of contact person. 3, the community impact of the project: a) Project the value of real and personal property that will be added to the tax rolls. without taxes that ill be geneated by tithe e pthe roject additional b) Using directly current di proposed abatement for each of the affected taxing entities for each of the next ten years. ach entity f indic next ten y e the amount of tax abatement c) For each taxing requested for e ars. d) Estiate sulting t from the increase project investment tor the neu ten years. businesses re 4190M (Rev. 04/26/90) k i 1 1 i ■ 1 4 _ f e) Estimate the increased housing needs in the area resulting from t the project for ten years, f) Estimate the increase in the tax rolls for each taxing entity for the next ten years. g) Estimate the infrastructure construction that would be required because of the growth resulting indirectly from the project. h) Provide the specific detail of any businesses/residents that /.-.1 will be displaced and assistance that will be available from ` the requesting entity. i) Estimate the increase in students by grade level resulting from the project including the multiplier effect (indirect growth) for the next ten years. Show the increase for each impacted school district. J) Provide description of any historically significant area included within the project's area. If any, give detail of how the historically significant area will be preserved. k) Provide information of any detrimental effect on existing businesses, recreational areas, and residential area. 1) Provide details of any benefit to an area of the community targeted for revitalization/redevelopment. i I i 4790H (Rev. 04/26/90) r 1 1 , 7 I 1 F I f I I I` 1 k 1 i 1 k i I III. VALUE OF INCENTIVES The criteria outlined in Section lI will be used by the Joint Committee on Tax Abatement in determining whether or not it is in the best F interests of the affected taxing entities to recommend that tax abatement be offered to a particular facility. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project. New, expanding and modernizing businesses will be eligible for abatement if the minimum threshold, as described below, is met. i once a determination has been made that a tax abatement should be offered, the value and term of the abatement will be determined by referencing the following table; TABLE 1: Establishes maximum length of abatement according to assessed real property value of improvements and personal property. VALUE OF STRUCTURE MAXIMUM MAXIMUM AND PERSONAL PROPERTY YEARS OF PERCENT OF IN MILLIONS ABATEMENT ABATEMENT _ 100 10 25% GO 9 25% 65 8 25% so 1 25% 35 6 25% 20 5 25% 15 4 25% 10 9 2S% 5 2 25% 4190M (Rev. 04/26/90) ig r [11 r F 1 1 -6- i r t If an existing business is located within the boundaries of the participating jurisdictions and decides to expand or relocate within sucf. boundaries, the actual value of the structure shall be multiplied by 125% prior to utilizing j Table 1. If the expanding or relocating business is abandoning any property or improvements within the jurisdictions, the value of this abandoned property f shall be subtracted from the new value figure prior t. multiplying the value by 12511. The tax abatement shall not apply to an Y Donlon of the land value of the project. I Applicants agreeing to extend infrastructure improvements (streets and f utilities) to improve other industrial sites which can be marketed by the Chamber of Commerce Economic Development Director may be eligible for a greater tax benefit than those described above by utilizing tax increment financing procedures. The offering of such an indutement will be evaluated on i a case-by-case basis dependent upon the applicant's ability to make available improved industrial sites. Prellminary_AODlication IV. DROCEDURIL GUIDELINES Any person, organization or corporation desiring that the City or DISD consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. 4790H (Rev. 04/26/90) r 7 E i 1 t 1 1 1 t 1 -1- f{ t i, I Nothing within these guidelines shall imply or suggest that either the City, or OISO, is under any obligation to provide tax abatement to any applicant. i A. Applicant shall complete the attached 'Application for Tax Abatement." } r 8. Applicant shall address all criteria outlined in Section It above in narrative form. C. Applicant shall prepare a map showing the precise location of the property and all roadways within 500 feet of the site. 0. If the property is described by metes and bounds, a complete legal description shall be provided. E. Applicant shall complete all forms and information detailed in items A through 0 above and submit them to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. Application Review Steps F. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. 4790M (Rev. 04/26/90) L e y i l f l t Ij 1 E 8 i { f { I G. The application will be distributed tc the appropriate City and D1SD i departments for internal review and cormfnts. Additional information may be requested as needed. s H. Copies of the complete application package and staff comments will be provided to the Joint Committee on Tax Abatement. i I Consideration of the Application t. The Joint Committee on Tax Abatement will consider the application at a regular or called meeting(s). Additional information may be requested as needed. J. The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all relevant materials, to the chief administrative office of each taxing entity. K. The City Council of Denton may consider a resolution calling a public hearing to consider establishment of a tax reinvestment -one. i L. The City Council of Denton may hold the public hearing and determine whether the project is 'feasible and practical and would be of benefit to the land to be included in the zone and municipality.' { Special consideration shall be given to policies noted in the Denton Development Plan when designating a tax reinvestment zone. 4790M (Rev. 04/26/90) a C l / • ~ I III I I -9- } r I } M. The City Council of Denton may consider adoption of an ordinance designating the arts described in the legal description of the proposed project as r, cormercial/industrial tax abatement zone. a N. The City Council may consider adoption of a resolution approving the ' terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant. Should the commitments subsequently not be satlsfie,,, i the tax abatement shall be null and void, and all abated taxes shalt be paid immediately to the City of Denton and all other toxin, jurisdictions participating in the tax abatement agreement, Provisions to this effect shall be incorporated into the agreement. i 0. The governing bodies of the various taxing entitles may consider h ratiflcaticn of and participation in the tax abatement agreement j I between the City of Denton and the applicant. ~i Any tax abatement agreement will address various issues, including, but not limited to, the following: 1. Goneral description of the project; 2. Mount of the tax abatement and percent of value to be abated each year; 4790M (Rev. 04/26/90) Ir f I j 4 i I 1 t i i i - 10 - { { I I 3. Method of calculating the value of the abatement; { I 4. Duration of the abatement, including commencement date and termination date; T S. Legal description of the property; 6. Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant; l j B. The proposed use of the facility and nature of construction; 9. Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment. Annual Evaluation Upon completion of construction, the Joint Committee on Tax Abatement shall annually evaluate each facility receiving abatement to insure ~ompiiance with the agreement and report possible violations of the agreement to the taxing entities. 4790M (Rev. 04/26/90) G L r` E I I I I ~ I e M E lr 11 i I ~ I (Ji t E i ra far or Assigroont r } i A contract for tax abatement may be transferred or assigned by the original applicant to a new owner upon the approval of the various taxing jurisdictions I after such a recommendation is made by the Joint Committee on Tax Abatement. I I i I~ I I i 4790M (key. 04/26/90) i I i 1 i S i ( t I f t APPENDIX -A i QEfINi1I0N5 f I A. 'Abatement' means the full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone desiyiated as such for economic development purposes. 8. 'Agreement' means a contractual agreement between a property owner and a j taxing jurisdiction for the purpose of tax abatement. } i 4 C. 'Basic industries' are defined in the Denton Development Plan as those which produce goods or services at least 51% of which are directed to serve people outside of the City of Denton and are listed in the Standard Industrial Classification (SIC) of the Department of Commerce, except for groups 52-S9 under retail trade. 0. 'Expansion' means the addition of buildings, structures, fixed machinery, or equipment for the purpose of increasing production capacity. E. 'facility' means property improvements completed or in the process of construction which together comprise an Integral whole. 4790M (Rev. 04/26/90) r a , t , t s~ f c -2- . e 1 F. 'Joint Committee on Tax Abatement" is a group of representatives from Denton County, the City of Denton, and the Denton Independent School District formed to study and evaluate any proposal regarding the offering of tax abatements within the community. The Committee will consist of two elected representatives from eacl. governmental entity and one staff member from each entity. The staff members shall serve as nonvoting, ex officio members. 'l 6. 'Modernization" means the replacement and upgrading of existing facilities which increases the productive input or output, updates the technology, or substantially lowers the unit cost of operation, and extends the economic life of the facility. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery, or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing, or completion of deferred mwintenanca. H. 'New facility' means a property previously undeveloped which is placed into service by means other than expansion or modernization, 1. 'Reinvestment Zone' is an area designated as such for the purpose of tax abatement as authorized by Subchapter 9, Municipal Tax Abatement, Title 3, Local Taxation, Vernon's Texas Codes Annotated. 4790M (Rev. 04/26/90) ~ ~ y I I } I 9 - I } r J. 'Tax increment financing' is the use of some or all of increased property tax 4-revenue resulting from the redevelopment of an area to finance r development-related costs in that district. Tax increment financing divides tax revenue from th? area into two categories. Taxes on the predevelopment value of the tax base (the tax Increment base) are kept by each taxing body, while some or all of the taxes from the increased value of property resulting from redevelopment (the tax increment) are i deposited by each jurisdiction in a tax increment fund. Money to the tax i Increment fund is used to repay Tif-backed bonds that are Issued to finance public improvements in the redevelopment area. i 4790M (Rev. 04/26/90) 1 E 1 i i APPLICATION FOR TAX ABATEMENT 1. PROPERTY OWNER 3 MAILING ADDRESS TELEPHONE NUMBER 2. PROPERTY OWNER'S REPRESENTATIVE - MAILING ADDRESS - TELEPHONE NUMBER 3. PROPERTY ADDRESS PROPERTY LEGAL DESCRIPTION - (PROVIDE ATTACHMENTS IF BY METES AND BOUNDS) 4. LOCATED WITHIN: CITY Of DENTON DENTON COUNTY . S DESCRIPTION OF PROJECT: 6. DATE PROJECTED FOR OCCUPANCY OF PROJECT/INITIATION OF OPERATIONS: 7. NARRATIVE RESPONSE TO CRITERIA QUESTIONS IN SECTION It ATTACHED. YES NO COMMENTS'. 4796M R i 1: J E 1. 1 Nb yyyl v7 ~ S 'v i' E FILE