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Home My WebLink About12-06-1994 E w , f! tF r`' i S 1 I S a f S y 1 , 4 t~ 1 f~ a ! +w CATY COUNCIL AGENDA PACKET ~c e P 4~`Yr a t ; ; 12/6/94 r x r- I ' , a fib mil f I t } tlx:; F It . .f I } ala.l:.'eia-A e1 n.l,ili..'.w.A 4rk n.. ,y ^3 dd.![~. FIR ~ AGENDA aQMdINO sr CITY OF DENTON CITY COUNCIL Agftl «P{~, December 6, 1994 Closed Meeting of the City of Denton City council on Tuesday,jcap December 6, 1994 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be cons+.dered: E NOTEs THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 I. Hold a discussion regarding a response to the letter of November 10, 1194 to Lloyd V. Harrell from GTE relating to Article 13 of the City Charter. 2. Hold a discussion regarding legal implications that. arise from implementing a random drug testing policy. B. steal Estate Under TEX. GOVT CODE Sec. 551.072 C. Persor.nel/Board Appointments Under TEX. GOVT COL3 Sec. 551.074 Work Session of the City of Denton City Council on Tuesday, December 6, 1994 at 6100 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considereds s NOTES A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of p staff direction into whether or not such matters should be placed aced on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal city action. At a work session, the City Council generally receives informal and preliminary reports and Information from City staff, officials, members of City committees, ani the individual or organization proposing council action, if invited by City Council or City Manager to participata in the session. Participation by r individuals and members of organizations invited to speak ceases when tht Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not 1 citizens are not allowed to pw icipate in t elisessionnunless invited to do so by the Mayor. Any citizen may supply to the City council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter he placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed acf.ion, which will be made available to all citizens prior to the regul r meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. t City of Denton City Council Agenda ' December 6, 1994 ~`t0 Page 2 AP*N0 Ag"..Ite1►L Date 6:00 p.m. 1. Receive a report from Melvin Willie regarding the GTE franchise agreement. ' 2. Receive a report, hold a discussion and give staff direction j E regarding implementation of a random drug testing program effective January 1, 1995. 3. Receive a report, hold a discussion and give staff direction regarding a proposal to temporarily close tho library facility to barcode the library collection. 4. Hold a discussion and give staff Cirection regarding Council attendance at the UNT and TWU Board of Regents meetings. 5. Hold a discussion and give staff direction regarding rules for r placing emergency Council items on an agenda. Regular Meeting of the City of Denton City Council on Tuesday, December 6, 1994 at 700 p.m. in the Council Chambers of City Hall, 215 H. McKinney, Denton, Texas at which the following items will be f considered 7100 p.m. 1. Pledge of Allegiance 2.` Consider approval of the minutes of September 13, September 14, September 20 and September 270 1994. 3. Yard of the Month Presentations. 4. Citizens Report {f i f A. Receive a citizen report from Dessie Goodson regarding' 1 general issues concernie.g the City. 5. Public Hearings is A. Hold a public hearing and consider adoption of an ordinance designating the property at 1018 Wes'. Oak Street as a historic landmark under Section 3';-215, Article V of Chapter 35 of the Code of Ordinances J providing for a penalty in the maximum amount of $2,000 for violations thereof. (The Planning and Zoning Commission and the Historic Landmark Commission recommend approval . ) t B. Hold a public hearing and consider adoption of an ordinance designating the property at 1035 West Oak Street as a historic landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinance al providing for a penalty in the maximum amount of $2,000 { _ : , . as ~F ~J m a~ WW' E City of Denton City Council Agenda Q December 6, 1994 gendaNo Page 3 ~gvdai(e r' q1E t P(P r for violations thereof. (The Planning and C Y Commission and the Historic Landmark Commission recommend approval.) C. Hold a public hearing and consider adoption of an ordinance designating the property at 1004 West Oak Street as a historic landmark under Section 35-215, , Article V of Chapt,nr 35 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations th,.reof. (The Planning and Zoning Commission and the Historic Landmark Commission recommend approval.) 6. Consider a varianc,. to a development exaction, on "off-site" street capacity improvement, required under provision of Article 34-114, Section 4, paragraph (a) of the Subdivision and Lard Development Regulations. (The Planning and Zoning « Commission recommends approval.) k~ WNF,; 7. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consert Agenda authorizes the City Manager or his desigr..ee to implemen'c. each item in accordance with the Staff s', recommendations. The City Council has received background 71 information and has bad an opportunity to raise questions regarding these items prior to consideration. Listed below tre bids and purchase orders to be approved for k' # payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda item 8.A). This listing is provided on the Consent Agenda to allow Council Members to discus;s or withdraw an item prior to approval of the Consent Agenda. Uput► the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and kxj considered before approval of the Consent Agenda. A. Side and Purchase Orders, ` 1. Bid #1684 - Library Furniture and Shelving {a r 2. Bid #1686 - Library Workstations 8. Ordinances (f~1 .nye A. Consider adoption of an ordinance accept$nq competitive bide and awarding a contract for purchase of materials, equip,rent, supplies or services. P.A.I. - Bid #1684; 7.P..2. - Bid #16861, ate . i i B. Consider adoptiou of an ordinance amending Section 21-2 of the Code of Ordinances to prohibit the erection of barbed wire fences within the City limits, other than in an area zoned for agricultural use under Chapter 35 of the Code of Ordinances. 4Q. City of Denton City Council Agenda AQ611d8N0, d December 61 1994 Page 4 AOs~dB!( 4 C. Consider adoption of an ordinance amending tiop of the code of Ordinances to prohibit the keeping of livestock for breeding purposes within the City limits, other than in an area zoned for agricultural use under Chapter 35 of the Code of Ordin-Antes. D. Consider adoption of an ordinance amending Section 28-297 of the Code of ordinances to allow a 180 day grace period, commencing upon approval of an annexation ordinance, for owners of existing private or semipublic swimming pools, spas, or hot tubs located within such newly annexed areas to comply with the requirements of ' Subsection (5) (a) of Section 28-297 of the code of ordinances. B. Consider adoption of an ordinance approving a contract providing for the purchas:• nf real property from Robert H. Caldwell, :tr. and B'.Lnoi Caldwell authorizing the j expenditure of funds thorefoi. y F. Consider adoption of an ordinance accepting the dedication by EPIC Development Inc., of 5,000 square feet of land for street and utility purposes. r " 0. Consider adoption of an ordinance increasing the contribution of employees participating in the City of Denton Fire Fighter's Retirement System and Trust Fund. (Airport Advisory Board recommends approval.) ! an ordinance retaining the lawfirm H. Consider adoption of a of Wolfe, Clark & Henderson to represent the City of Denton in litigation pending against the City. F 1. Consider adoption of an ordinance retaining the lawfirm Is of Wolfe, Clark & Henderson to represent the city of Denton in litigation pending against the City. J. Consider approval of a resolution authorizing the City Manager to execute a ground lease agreement be",:ween the City of Denton, Texas and Bruce grown for approximately t 0.770 acres of property located at the Denton Municipal ' Airport. W r K. Consider approval of a resolution authorizing the City ;ti Manager to execute a ground lease igreemint between the City of Denton, Texas and Bruce Brown for approximately } v 0.479 acres of property located at the Denton Municipal Airport. L. Consider approval of a resolution authorizing the City ! (tanager to exec+ste a. ground lease agreement between the City of Denton, Texas and Bruce Brown for approximately 0.439 acres of property located at the Denton Municipal Airport. i City of Denton City Council Agenda December 6, 1994 AgPdaNO.. Page 5 Ape Waite Date 9. Resolutions A. Consider approval of a resolution adopting cable television public access rules. (The Cable Television y Advisory Board recommends approval.) B. Consider approval of a resolution adopting a Personnel Policy relating to Leave for Judicial or Legal Matters. 10. Hold a discussion and consider approval of an annexation I schedule with regard to the proposed annexation of a 1.1 acre r.' E tract being part of the right-of-way of Corbin Road and a 199.5 acre tract located east of Mayhill Road and north of c Edwarl..oad. (A-64 and A-68) T II. Consider a nomination to the Keep Denton Beautiful Board. 12. Vision Update 13. Miscellaneous matters from the City Manager. 14. Official Action on Closed Meeting Items: y I A. Legal Matters I 9. Real Estate ~a ` C. Yersonnel D. Board Appointments 15. New Business; This item provides a section for Council Members to suggest items for future agendas. j .n 16. Closed Meetings A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 0. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE a., I Sec. S51.074 ,v C E R T I F ICATE . I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1994 at o'clock (a.m.) (p T CITY SECRETARY NOTHi THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITh THE AMEP.ICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE J I ~Yr } 1.,i 1 a S~ City of Denton City Council Agenda ►daNOti~~o~! O December 6, 1994 Page 6 ~0endar DaM a HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN SCHEDULED D MELTING. PLEASE CALL THE CITY SECR22TARY'S OFFICE AT SS6-8:109 OR USE TEIX DEVICES FOR THE DEAF (TDD) BY CALLING 0'0-RENICATIOSo THAT A $ ION LANGUAGE I&TERPFETER CAN BE S -CHEDULED THROtJC3H THE CITY SECRETARY, S OFFICE. I ts. w 1 A00002281 a r, ( r d itr, t , e t r "4i y c / q., Pr r YI q•ifir. ,are , r 1 i" -CITY (1O i { p t, 4 t ` r0 i a' mss., AP*N0 qy _©4O -s Wzk oaN l a -to -S L4 DATE: December 6, 1994 I CITY COUNCIL REPORT WORK SESSION TO: Mayor and Members of the City Council FROM: Lloyd Harrell - City Manager SUBJECT: Implementation of a Random Drug Testing Program Effective January 1, 1995 It is the staff's recommendation that the City Council authorize the staff to implement changes to the current drug screening program to comply with new Department of Transportation (DOT) drug testing requirements. It is also the staff's recommendation that the Council authorize additional tiers or categories of safety E sensitive employees to be included in the random testing requirements required with the DOT drug screening implementation. The new changes under DOT are effective January 1, 1996. The additional random testing for safety sensitive employees would also be effective January 1, 1995. The current Anti-substance Abuse and Rehabilitation Policy (108.12) covers the drug screening J program and will only require changes to the administrative r procedures in order to implement the required changes to comply f with DOT and additional random testing for safety sensitive ` employees. (See Attachment A) $ldid~BY During the 1994/95 Budget discussions, the City Council received Information concerning new regolations from the Department of tad . ; Transportation (DOT) that require cities to implement a drug screening program for certain Commercial Driver's License (COL) holders. The requirements inolude drug and alcohol testing in the following arasa: y1"; 1. Pro-employment* (DOT Regulation 382.301) ' 2. Post Accident* (DOT Regulation 382.363) 3. Random Testing (DOT Regulation 382.506) x 4. Reasonable Suspicion* (DOT Regulation 382.307) For the items with an asterisks above the City's current «w`,c policies and procedures cover the requirements of the DOT. With ,a<p`' + minor revisions to practices for those CDL positions covered under the law, the City will be in compliance. However, in the area of random drug and alcohol testing, the City does not currently have practices and procedures. Thus, for the DOT mandated positions, we would be required to implement a random drug and alcohol screening program to comply with the law. Tha f ~s F" 1 ApendaNo._`~ ~ Apandalt i~ Date A S December e, 1994 CM Report to City Council Implementation of a Randug I Testing Program Page 2 regulations require that 60% of drivers be randomly tested for controlled substances acrd 25% be tested for breath alcohol content (BAC). If the City maintains an annual violation rate at or below 1% for controlled substances end a two year violation rate at or below .05% for Breath Alcohol Content;, required testing II percentages will decrease. } Additional requirements under the DOT regulations require the City to maintain certain confidential records concerning previous employer reference checks, negative and positive testing results, Feti substance abuse rehabilitation programs an employee may 'x participate in, etc. There are several notification requirements and reports to the DOT. In addition, the regulation requires mandatory training for all managers and supervisors of employees affected by the regulations. The employees covered by the law must also he properly notifiod of the LOT requirements and the I consequentee of their demonstrating a positive teat. As the 1ixecutive staff discussed and contemplated complying with r the DOT regulations, it was docided to recommend to the Council to include additional "9&fety sisnsitivo" and other positions in the random drug and alcohol testing program. These positions have a high potential that drug or alcohol use could result in an ' immediate end serious dander to the public or another employee (i.e., serious injury or death}. These positions include ~x employees in tho Police Department, Fire Department, Animal ea who Control, Water and Electric Utilities and other 6"loye ~ R drive in the course and scope of their fobs. Thus, the categories (or tiers) for Council conoideration and assooiated additional III costs are: I. QVA t JA QL Tranaoortation Miliadate~ Current analysis of the workforce indicates the following positions and associated coste to comply with DOT regulations: 3 i Estimated Number u. Drug Alcohol Employuee b0% tested 2F^• tested at $20 ! Driver - CDL Class A 8 B 191 910910 see options Mandatory training, notification, below records and reporting costs i,600 Total to comply with DOT Only ;39410 Agandalte Data q4 .e _nl~rl`o December S. 1994 4 ajoPiy CM Report to City Council - Implementation of s Ra r Testing Program Page 3 asi tiona Z l Ii. Safety t~llpjilY4 h r Positions included in this category are those where coo* law and court decisions clearly ir.dicata that the City could test these i employees in a random drug and alcohol testing program with the standards required by DOT regulations. Should the City face a legal challenge, it is anticipated that we could reasonably defend it. Analysis of the workforce indicates the following positions and associated costs in the safety sensitive category: Estimated Drug Alcohol Number of 60% tested 26% tooted Employees at $20 I bx~ t 1 I. Use of Deadly Weapons** 106 =1,060 see j 2. Fire Department** at Soo options . 3. Access to controlled below Substances** 6 60 4. utilities - Electric 99 860 ' a water" cr rotal Safety Sensitive 291 $20900 (f yya **Additional positions beyond those covered by DOT regulations. { iii. Driyer PMitioes Employees in the positions included in this category frequently say,., j and reklulaNy (daily) drive a personal or City vehicle on city business in the course and scope of the employee's job. Positions included in this category are also positions where case law and court decisions indicate that the City could test these employees in a random drug and alcohol testing program with the standards required by DOT regulations. Should the City faced a legal challenges it is anticipated that we could reasonably defend its rce in the atagoryof the following associatedicostsiw r positions Y r) M Y 1, d . 1 1 ~endaNo Agendalla Ogle ` December 6, 1994 CM Report to City Council -Implementation of a Random Drug Testing Program Page 4 Estimated Drug Alcohol iF Number of 80% tested 25% tested Employees at $20 sea Driver - Regularly 181 $19610 options below Total Drivers - regular use 181 $1,510 I iv. MME AdYA E fiWM ° E Employees who do not regularly (less than two times per week) drive a personal or City vehicle on City business in the course and scope of the employee's ,fob, i ' Positions which are included in this category ors positions where ik case law and court decisions )<U indicate that the City could teat these employees in a random drug and alcohol testing program with the standards required by DOT regulations. However, should the s ( City face a legal challenge, we are uncertain about the outcome in J ~ defending it. G Analysis of non-regular drivers In this I owing positions and associated costs: category indicates the following Estimated Drug Alcohol Number of 80% tested 25% tested Employees at $20 1. Driver - Non-Regular ass 151 =11810 be ns low Total Drivers - non-regular 151 $11510 Additional training costa for implementing a more comprehensive random drug and alcohol testing program with the DCT mandated program include training costs of about $300. M1b Al Is" IMI Cation The Breath Alcohol Test (BAT) requirements mandated by the M regulations include a screening test and verification test with an evidential breath tooting device (EST). The EST Is a breathiter/intoxiliter equipment with stringent calibration, documentation, and operator certification requirsments. 1,` `.41W f 4 _ ~peedatio ~ Apendaft Date 44 December at 1994 CM Report to City Council - implementation of a Random Drug Testing Program Page 5 I Mi QRtion u - onirw i xM Awa11r one option would be to contract with an outsides supplier that as an authorized EST and trained technicians. the City will be required to test at least 25% of CM drivers for the first two 51 years to comply with the DOT random alcohol testing requirements, the cost for an outside vendor is estimated as follows: r 1st Yr. 2nd Yr. Estimated € Cost Item Amount Amount 2-Yeere d., Technical contract $30000 $39000 =81000 a (;250/mo.) Confirmation (if, positive initial screen; ;60/test est•6,000 I / r Fri, sz{. DOT Only - 50/tests/YSerss* 2,600 20600 k Total Eat. 2-Year Cc+st ;6,500 ;6,600 ;119000 ***Includes pro-employment, random, reasonable suspicion, and poet r 4r accident testing for COL's as required by DOT i 01 JaMIJaNd 01 and Training Mti f~~0rato Another option is to purchase authorized EST equipment and provide training for a certified operator/trainer (can train and certify k4l other operators) to ensure compliance and control. Unfortunately, state law does not allow the City to use the Police Department EST equipment. Additional, at this time, local laboratories are not equipped for breath alcohol content (EST) testing. v 1 Again, since the City will be required to test at least 26% of CDL r drivers for the first two years to comply with the DOT random alcohol tootreQuis estimated cost for equipment and training for the operator/trainer lot Yr. 2nd Yr. Estimated I 2-Years Cost Item Annunt Amount Equipment $5,400 0 ;8,400 G 4f Operatar/Trainer Training 0 400 (;400/Instructor technician) 00 - Total get. 2-Year Cost $6,600 0 $6,800 With this option, the City would have the investment in the the pro-employment, entandomand, reasonable suspicionl,landipostlaccidentT's P Ir r Cows No. q4` 04 Q aendar BtF ` CMcRSportetolCity Council - Implementation of a Random Drug&OF13 Testing Program , Palle es F/alcohol testing requirements. In addition, with Council's concurrence on additional positions to include in the random rtion of the ting requirementrmoreteffectivelylandmcostt efficiently. stin ohol tes s a c r r E DEPARME Tg QB GROUQ,$ AFFECTE0. This program will cover employees who are in positions required to be tooted for drugs and alcohol by the Department of Transportation. It will also cover employees in positions defined =r as sefsty sensitive and regular drivers. Managers and sup,)rvisore " are scheduled to be trained December 14 and 16, 1994. i x , FISCAL StlP~I~ I The Implementation of the DDT drug and alcohol screening program E As mandated effective January 19 1995. With Council approval of the additional random screening program, it will be implemented E ~f effective January 1, 1995, The 1994/95 Budget approved to implement this program is $99150. It all components are implemented as recommended (does not include non-regular drivers), the cost for this program is estimated for the 1994/95 Budget year at (14,920. The additional expenditure above budget is a result r' - of the purchase of the required intoxilizer and operator training which is a nonrecurring cost. Respectfully submitted: ~ mar/ Lloyd V. Harrell r ' City Manager Prepared b j Thomas Klinck Director of Human Resources f~ , r . E ~pend~No.~ d ~pendalf late 4A i ATTACHMENT A { r, cc i,r o~ r I ~ J hay, Mod i " 1 r ` " ~ L• 4 ' 1 ~ F ~ ~ I 1 1 ' p ,I 1 d 141. ~ r a , ~ i, , 1 j I r' mail ~pendaNo. CITY OF DENTON Dale _ V 4 gLicr/ADRIl1I6TRATIVa n0CE0ORa/ADX1WI67RA7IVR DIREC?iVZ~~ PAaEyOr, ' tecnoN: ABFEU MBNVMUL. { PIRSOMNSL EMPLOYES RELATIONS 108.1] ' tUtJBCIi BFFBC 1VB DATE STANDARDS Or CONDUCT Pon Rmplgyn" 07 15 91 Trna. xFF1.ACBt: ANTI-SUBBTANCS ABUSE AND REHABILITATION POLICY STATZ)MNTs I The City Of Denton recognise that employee substance abuse can have a serious adverse i impact on its image as a major employer in Denton, its ability to deliver quality II serviese to its citizens, and the general health, welfare, and safety of its employees and the public. The pervasive presence of substance abuse in our society and the adverse effect on employs health, safety and productivity in the work place requires the establishment of an Anti-substance Abuse and Rehabilitation Program. The City, In considering its daily operations of providing citizens, recognizes its responsibility to implement appropriate measur sn ecessaryito the safe, efficient, and effective use of its rem ources- -people, facilities, equipments and finances. The City's responsibility requires the public trust and demands comprehensive safety measures for the protection of the well-being of our employees and the citizens we serve. It is the policy of the City that employes are prohibited from manufaeturisu posaenslnp, sellingo distributing, consuming or transporting any controlled subsstaanccees f as defined by the Federal Controlled Substance Act or the Texas Controlled Substance Acts or any alcoholic beverages or intoxicating substances on City property at any time when conducting City business or performing their job duties and responsibilities. An employs is prohibited from performing his or her job duties while under the influence of alcohol or drugs, or if performance is impaired, while under the influence of lawfully prescribed or over-the-counter substances. An amployse shall not have a detectable level of dangerous drugs, controlled substance in his or her urine or blood stream except purouant to a valid personal proscription. An employs possess alcohol outside of work hours on city property where rohibid shall not use or s. local law. The employee shall not use alcohol or drugs while wearing a Cityy t D nton uniform, irrespective of whether the employe is on duty. I It is the ppoolicy of the City to give the same consideration to applicants or employes E with chemical misuse patterns or dependencies as it does to applicants or other employess having h sical, medical or mental roblems which could preclude them from yy p performing their ~ob duties and responsibilities In a sate, effloients effective and productive manner. There in no intent to intrude upon the private lives of employee or applicants. Howevers the City is concerned with those job-related situations where th* use of illegal or illegally obtained drugs or the abuse of alcohol interferes with the health and safety of employees and the publics affects the employee's work nnqq work hours adversely affects the job performance of other employees# oroIs considered serious enough to be detrimental to the City's conduct of business. I i AAAOlt7t/1 - I i a6end3No a A endalt POLICY/AI~MINISTRA-rIVS pROCmDURE/ADMINISTRATIVE DIRRCTIVS (Continued) tt I n IE S S37t8NCS NUW3ML t f ANTI-SV38TANCE ABUSE AND RERAEILILTTA~TI ~t 108.1? i I { in the case of saployees who demonstrate chemical Disuse patterns or dependencies, it is the policy of the City to assist in rehabilitation efforts through the City's Employee Assletarce Program in an effort to return the employee to a productive role in the organisation. However, such assistance shall not excuse the employee from appropriate disciplinary action for violation of the City's or a department's policies, procedures, ruler, or regulations, including termination of employment. It is the policy of the City to deny employment to applicants who are identified through drug testing and who demonstrate patterns of chemical abuse or dependency. This policy applies to all employees, regular full time, regular part-time, temporary and seasonal. Civil Service employees are subject to the applicable provisions of Chapter 1430 Rulzs of the City of Denton Fire Fighters and Police Officers Civil Service Commission, and the general and specific orders of the Police and Fire Departments, which may include the provisions of this policy. 1. ADMINISTRATIVE PROCSDL'RS8 A. Prohibited Items. The manufacture, use, possession, sale, distribution, consumption or transportation of any of the following substances while on City property, conducting City business, or performing job duties and responsibilities by amplopoes or others is prohibited! 1. illegal drugs, controlled substances, marijuana, mood or mind alterinq I 3 substances, simulated controlled substances, designer and synthetic i drugs, and inhalants producing wood or mind altering vapors. 4. Alcoholic beverages or other intoxicating substancesl provided that an employee may possess, consume or transport alcoholic beverages while off duty unless local or state law otherwise prohibits the possession or consumption of alcoholic beverages. i 3. Drlq paraphernalia. i t 8. Prsscriptions and Over-The-Counter Medications. also prohibited except prseeeiylions and over-the-counter medications are under the following conditions 1. The drugs have been prescribed by a licensed physician for the person in possession of the drugs; aid I ' 4. The prescription must be readily available for verifications and S~ 3. The pra.)cription was tillsd by a registered/ licons d pharmacist within the last twelve (12) months for the person possessing the drug or medicat'onj end 4. The drugs or medication are ingested or administered only in the prescribed or roeommended therapeutic dosagesl and S. The employee taking the drug or medi.,ation t..a informed his supez..t..a of any sstety hazard which could result from taking the drug or medication. An employee may, for example, be taking medication which j AAA02USA j ~GendaNo 1 POLICY/ADMINISTRATIVS PAOCROURR/ADMINISTRATIVt DIR6CTIVe (Conti 21t ! Tn rm { NUMMU l ANTI-8U83TANC5 ABUSZ AND REHASILITATION lOA.14 causes drowsiness and should not o rate _ pe moving machinery or equipment bui This would not preclude the employee from performing other fob duties es ban! the It he or shespI$ taking a y meof the dication which couldtimpairs his orrbarpabrility " to perform his or her job dutieel 6. TThhhe City at all times reserves the right to have ■ designated City Aasardous effectsland ma restricte prescription r medication produces job duties any drug or medication accordingly. performed while uslrg C. Definitions. 1. lncludesganis everage, mixture or preparation A cntaLnas used heron, i:fg ethyl ■lcohol. ~ - 7. "Ills ai Druys," for purposes of this policy, include drugs which are not legally obtainable and drugs which are legally obtainable but have been obtained illegally. 3. "Detectable Levels" or "Identifiable Trace presence of an illegal or prohibited drug er substance found in the body fluids In amounts exceeding an established cut-oft level. I 4. "Cut-off (Acceptable) Levels" are established by analytical methods to the laboratory to determine a tLt The epeoifio cut-off level isaa standa rd vselecte drug t the body. T~ laboratory and approved by the City to detect recent drug use. testing 5. 'City Property' or "Premises" for purposes of this property, facilities, buildings, structures, and 1ivehiclesudOwneedd, operated, leaned or under control of the City, pp An employee is not violati alcoholic bd LA everaq s oon of lsrtl~ or possessing City atree s It he ortshes oo a) oft duty; o) not l operating a City-owned vehicle; and compliance with all applicable lava; 1 6. 'Alcohol Testing' is testing for blood alcohol content by drawing or } collecting a blood or serum sample suitable for laboratory analysis or by an intoxiliser instrument device operated pursuant to State laws 7. 'Drug" is a controlled substance, controlled substance anal drug or opiate as defined In Schedules I-V of the rederal4eControlled substance, Act, or the Texas Controlled Substance Act Tex, Safety Code, Chapter 481, it obtained or used without aeavalid presorlItLon for the user or posssesor. This definition includes but is not lira ted to marijuana, hashish, cocalne, heroin, morphine, codeine, amphetamines, barbiturates, hallucinogens and substances chemically similar to these drugs. i AAAOfi " j ~a Apda POLICY/ADMINISTRATIVI MCIDVRZ/ADMIMISTRATIVZ DIRECTIVE (Continue j UMM4C5 k mUL. 719 ` ANTI-SUBSTAMCE ABVSE AND RZBABILITATION 108.12 i I j 8. `Drug Test" is the collection of a urine specimen by medlcai personnel, laboratory analysis of that specimen by Enzyme immunoassay (EMIT) screening, and confirmation of drug-positive MIT tests using gas chromatography/maati, spectrometry (OC/MS) methods and proceducas, or other adleally acceptable technology deemed appropriate by the city of Denton. 9. ;Impaired' is an employee's diminished capacity to perform duties of the job as determined by the npervleor. 10. ;Reasonable suspicion' is a suspicion based on some tactual foundation derived from the surrounding circumstances as interpreted in light of past experience and knowledge. 11. ;Safety Sensitive position; means a job where an employee's use of drugs or alcohol could create a threat to safety whereby the employee's ability to perform assigned duties in impaired and the performance of those duties In such mental or physical condition creates or could create a safety hazard that has caused, or could cause injury or harm to the employes or other employees or citizens or damage to property. 12, ;Random Testing; deeeribes the process of testing that assures that each I employee ham an equal chance of being tested each time covered employs Rre selected for testing. All test results and aelected employee names are confidential and records are maintained separate from employee files. i A. Department of Transportation (DOT) regulates the random testing of 501 of covered employws for controlled substance2 and 25% of covered employees for breath alcohol concentration (RAC) over .02♦ per callander year. Be Zmplogems in other safety sensitive positions are tested at the rate, of 501 for controlled substances ■nd 25t for breath alcohol concentration (BAC) over .02 par calendar year. i D. Conisrences. Employees attending training and conferences msy participate in social E functions associated with the conference. This may include the consumption of alcohol, so long as the employee's conduct doiss not reflect adversely upon the City, Employees who consume alcohol at these functions shall follow the law and exercise caution to driving personal vehicles and shall not operate a City owned vehicle. to Emergency G31-Back. Ir" *wa' ;4 ploees supervisors the use of alcohol or controlled substances tIncluding prescribed medication that might affect their ability to perform under the ameryqency. The supervisor shall determine if the employee is fit to work and is what capacity. r4 on Call. Because employees with 'on call; status are potentially required to be AAAO111N1 I IT- i ~eRQano. G4 p ae~att j POLICY/ADXINIBTMTIVi PROCBDURB/ADxINISTRATiva DIRSCTIVS (Continued) PACB ` I ~3 TIILS: awn REPBA&1CB KUbABa, ANTI-SUBSTANCE ABUSS AND URABILITATION j 1no .1i actively working, an "on gcall employee is prohibited from consuming a when lcohcallled baekgto worksto drugs which may impair his or her performance perform h!• or her Suttee. ~t> O. Use of Substances Outside of work Sours. An emplooyyee shall not use or on unwthorl:ed City property An amDDI yee shall notouseialcoholo4 before or alter work hours rwhile wearlnq a city of Denton uniform. q IT. X11FORCSNSNT A. Criteria used in determining action when drug or alcohol abuse is ewpscted. 1. Reasonable suspicion. Whether reasonable suspicion exists to warrant the testing of a particular employee is of necessity determined on a case by case basis. 2. Circumstances which may be used by management and suppeervisor to determine if a test for an employee is necessary inolude buteare noot t limited to the followings Observed alcohol or drug use during working hours be Apparent physical state of intoxication or dru induced motor functions 9 impalrmen! of o. Incoherent or irrational mental state d. Narked changes In personal behavior, or attitude not attributable to If: other factors a. Deteriorating work performance, attendance or tardiness problems not attributable to other factors f. Information received from reliable sources that indicates the f employee has been involved in alcohol or drug ass g. Other employ" actions or conduct that leads to a suspicion of drug or alcohol use such an presence of the physical sassy blood shot sysa, alcohol odor on breath, slurred sspeech# poor coordination or reflexes, unsteady gait, mood ch Inappropriate gaiety or lethargic behavior), unprediictable(responses to ordinary rpequu*ats, *to. to believe that pones influence of alcohol or drugs, suffers fromtsubssttan a aabuseuoreis in violation of City or departmental rules r concerning the use of such substances. ' egulations, or procedures he Any violation of the City of Denton's Drug Free work place policy (lOS.l7) ~ 3. Post Accident An employee involved in an accident during work hours which results in Iniury or death to any individual, more than $1 , 000 damage to any City »!+iN vebbicle or other vehicle, or dame 9e to ro to be artiall chieflYor totall p arty if the employyee appeals p yr r y responsible for causing the aeoident r or has violated a safety rule, For purposes of this y~ 7 rates vehicle accident on a NIlcy only, in a determines on the accident re purtll}haft an imployaoe i~ elite officer ~u totally responsible for causing the accident, that employee mint ulndiro s WOUP 54 i rr,>. i ACW It POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (COntiiS88 aI f 'RITE' REPERSNCB 1N113M. I ANTI-SUBSTANCE ABUSE AND REHABILITATION 108.12 a drug and/or alcohol test. Poe other work-related accidents, the f employee's supervisor shall deteraino whether the employee is responsible In whole or In part, for causing the accident or has violated a safety rule. It is the employee's responsibility to contact his or her supervisor isssediately after an accident has occurred so that appropriate action can toe taken. Failure to report an accident may result in disciplinary Ir' notion. E. Job Applicant Testingi General Standard. ` Upon an offer of amploywant, an applicant (including those considered for temporary and seasonal positions) is required to pear a drug screening test prior to his or her final appointment. An applicant will be notified of dSy drug testing at the time of application and will be allowed the opportunity to withdraw his or liar application at that time. C. Current Employes Testings General Standard. 1. Reasonable Suspicion F p A supervisor stay require or employee to undergo drug and alcohol testing if the avpesvlsor hse rsesonab2i suspiaion that the employee is under the t inlluonce of drugs or alcohol during work hours as deeceibed !n II. A. 2. of this policy. supervisors are required to detail in writing the • oific facts, symptoms# or observations which formed the basia for i their determination that reasonable suspicion existed to warrant the i , testing of an employee. This documentation shall be forwarded to the Human Resources Department. The facts underlying the determination of reasonable suspicion should be disclosed to the employee at the time the h demand is made. E 2. Final promotable candidates Each candidate who is offered a promotion (internal employees) to a 4, n safety sensitiv position will be requLred to pass a drug and alcohol ! screen as a condition of final appointment. Questions concerning whether # y I a spooifio position is deemed safety sensitive should be addressed to the Human Resources Departments ~s 3.',Rederally Regulated Random Teal Inq In responsa to the Dapartment of Transportation (DOT) regulations employees designated by the DOT as certified commercial driver's license (CDL) holders are subect to random drug and alcohol testing according to Federal Regulations and guidelines. ` f 4.. R F91.* fdo tiing % t. Eanployes• in p.sitions which require the possecslon of a deadly weapon, access to controlled substances, or in safety cenaitive positions, are subject to random drug and alcohol testing. Questions concerning whether a specific position is dseaed safety sensitive should be addressed to the AAAC2gSle ~Y l t low AgWaNo (N -ify-40 Apen(tatte POLICY ADBINISTRATIVi PROCRDURB/ADBINISTRATIVB DIRRCTIVR (Coot N 3 TrMM ~ RcR t ANTI-SUSSTANCR USR AND REHABILITATION qy t r4 ti ,11 ti l Numan Resources Department, L y D. Prior Notice of Testing Polley, 'fp xt e~f y 1. The Human Resources Department shall 54 provide written notice of its drv Sri: he following Information to all employees. The notice shall contain a. The need for drug and alcohol tooting# b. The circumstances under v41ch testln may be r*Vlrodi ug ey P The procedure for confirming an initial positive drug teat resullt i l d. The consequences of a confirmed positive test results 4 h e. The consequences of refusing to undergo a drug and alcohol tests f, The appeal yrocedures available for a positive test resultj and j g. The availability of drug abuse counselini7 and referral services, z, 4. A supervisor ma r 1 without rior notice during an evaluation undergo or treattmmeontr pealcohooti riod and form xy~ period of up to two years following completion of an this ppnpolieytreatment program or any disciplinary action foriviolationcof i y,~lYt? ~z I, Applicants will be notified of the City's policy to conduct drug testing N ;as part of the employment po testing site for tooting, he or she process. shallefirst present a valid Llure identification, such as Issued y'3F c- ' a passport to the tester. by he Department of Public of Safety, or R, Consent. f 1. Bofors a drug or alcohol test Is administered, the emples ooyy or job applicant will be asked to sign a consent form authorloing the test and persltting release of test results to thou City officials with a need a°«+• The consent fors shall provide apace for employees and pplicants to acknowledge that they have been notified of the City's drug tooting policy. The consent force shall provide space for employees and applicants to F Policy=~oe that they have been notified of the City's Drug Testing r', v b. The procedure for confirming an initial positive test results L . equonceo of a confirmed positive test results c. The right to explain a confirmed positive toot result and the a procedures available) and ppeal d, The consequences of refusing to undergo ■ drug and alcohol test. 4. Refusal to Coneente f ,'ra ''y Applicants# A lob applicant who refuses to consent to a drug test will be denied employment with the City. Rmployeese An employes who refuses to consent to a drug and alcohol test when reasonable suspicion of drug or alcohol use has been identified is , d 1 AAAM$3Sft j ~pendaNo ~~l `O~ Ag~ndalt (.~.7~ d POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRYCTIVE ( ad P _ 0 TTiLH: ANTI-SUBSTANCE ABUSE AND RRHADILITATION =XUW3WU 17 subject to dtsoippSinary action up to and including termination. The reason(s) for the refusal shall be considered in determining the appropriate disniplinary action. P. Employ" 's Right to Request Additional Test. An employee may request to give a second sample of urine or blood at the same time and at the same collection site as the first sampler and have the ■ample analyzed at the same or different laboratory under the following conditionst 1. The laboratory conducting the test must be approved by the City of Denton, follow the external chain-of-custody procedures as required by this policy, and be certified as set forth by this policy. 4. All costs for a second collection and second analysis must be paid by the ! employee. 0. Confirmation of Test Results. If the initial alcohol or drug screen is positive, a second test of the same sample will be performed to confirm results. An employ" who does not pass ! the drV or alcohol test may request a retest of the original sample within ten days of his or her receipt of the drug test results. The employee may request retesting by the mama laboratory or by a second laboratory that is certified to perform drug testa by the National Institute on Drug Abuse (NIDA). The originating laboratory must follow the external I chain-of-custody procedure outlines in the NIDA mandatory guidelines for y' federal work place drug testing programs when transferring the sample. K. Consequences of a Confirmed Positive Test Result. J Applicantst A job applicant will be denied employment with the City if his E or her initial positive test results have been confirmed. Applicants who j are denied employment due to a positive drug test: result must wait six E months before applying for another position with the City. Rmploy"st it an employee's positive test result has been confirmed, the employ*i* is ned u the City ,e dial nary action (109 and including termination, &a out in I, Mandatory BAP Referral. Upon the first confirmed determination that a regular full-time or regular 1 part-time employee is under the influence of drugs or alcohol, the City shall refer the employee to an Employes Assistance Prograu (EAP) for aesessmont, counseling, and rehabilitation. As outllted in the employee I.seiatance Program Policy (107.10) the City of Dontot, will provide Counseling resources assistance, and other support to employees and their dependents who may be experiencing on or off the job, personal difficulties that may be affecting their work performance, work productivity or ability adversely. Although the asseument is mandatory, participation in a formal treatment program is voluntary and no direlplinary action may be taken against an employee for failure to begin or complete an EAP program. MAOSUSI! f i 'i M I p~ ~I 1 MndaNo `a d POLICY/ADMINISTRATIVS PROCiDVR!/MMINISTMTIVS DIRSCTIVi (~nA"KI TIIS]k MGM ANTI-SUBSTANCr ABUsa An RSRABILITATXON 105.12 Disciplinary action based on a violation of the City's policy Is not automatically suspended by an emplo"so di and alcohol y P& and in an SAP and may imposed when warranted. i The a" applies only to regular full-time and r Temporary and seasonal employees are consider l&r t ■for ipe~ confirmed positive test at-Will. will rewit in termination. J- tAP Self-referral " Sxcept for sworn Police Officers, Public Safety Dispatchers, Civilian ` E Jailers, and school Crossing Oaard employes' in the Police Ds artrjnt, disciplinary action may not bo taken against employees voluntarily Identify themselves a° drug u who sers, obtain counseling and rehabilitation through the City's Zmployes Assistance Program, and thereafter retrain from 4 druviolatin and the city's poliayr Procedures and adminlet alcohol abuse, satire on directives ti Rowver, employees are responsible for violation of policies and procedures, and/or responsibilities. Disciplinary action may ea ims of job duties and 4, ^ t 1 Y posed for ■n rio ones policies and procedures or fella to praperl PloyeeO ee c~ responsibilities. Y perform job duties and X. Confidentiality of Test Results. kEr ~;a All information from an employee's or applicant's drug and alcohol screen ~ shall be disclosed only to those with a need to know of toot results. Dloolosure of test results to any other person, agsn prohibited to persons not eligible to receive the toot ° results L►NeerAanY y s applicable law. The results of ■ positive drug toot shall not be released until the results are confirmed. The records of unconfirmed positive test results and negative test results shall be destroyed by the testing L. Laboratory Testing Requirements. a'4 All drug and alcohol testing of employees and applicants shall be conducted At medical facilities or laboratories selected by the city. To be considered as a teatsnnqq site, a medical facility or lab must submit in r sov. arsiptiag ■ description of the peoced,:ves that will be used to maintain test I Fact facility includes to be considered by the City in selecting a testing 1. Testing procedures which ensure consistent with the prevention of tampering employees and applicants 2. Methods of analysis which ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive toot resul!sI rk r~ 3. Chain-of-cuetad and handling ofytest camp twhich n°nsure proper Identification, 2eb4linq, d- Retention and storage rocedures which ensure reliable results on confirmatory tests of original sampler, r . ' AAAMSM ti '°4 4 f' 1 xl~~jr v' I f I ~eodaNa~~Q.. ~ A6endalte OF-U POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (1C j G PAWERMCE NUMNEX. Tn7B: ANTI-SUBSTANCE ABUSE AND REHABILITATION 108.12 III. MANAOEMENT/SUPERVISION PROCEDVRES E A. Initial Actions After Appropriate Reasonable Suspicion Determined. Ones the decision, based upon reasonable suspicion, has been made by the supervisor and in consultation with the Human Resources Department, to esquire an employee to submit to an alcohol and/or drug screen, such screening shall be arranged as expeditiously as possible. The employyee is to be clearly directed to submit to the alcohol and drug screening la the form of a direct order from a superior as a condition of employment With i the warning that refusal to so comply can result in appropriate disciplinary action. ` The emplgqoyee shall be further instructed to cooperate throughout the alcohol from medicscreeni al personne latuthe alcohol and drug screening r olleotionnsitte. The unattended while screening approval permitted continue are being iafffected. in unat The department supervisor shall immediately, if during normal workday office hours (8100 a.m. to StOO p.m., Monday through irldaY O notify the Director of Human Resources or designated representative In the Human Resources Department to arrange for the appropriate alcohol and drug screening. If the necessity to arrange for an alcohol and drug screening occurs outside these business hours, the supervisor must contact a representative of the Human Resources Department at an assigned phone number. The employee still always be escorted to the alcohol and drug screening eollectlon eit• by appropriate supervisory personnel, or other departoonta11 authority. The employee shall never be permitted to operate a motor vehicle. A departmental representative or appropriate medical personnel shall remain. with the employee at all times and shall take the necessarryY actions to prevent the employee's alteration or falsification of the alcohol and drug screen procedure. An appropriate chain-of- custody procedure will be followed at the collection site to ensure the accuracy and integrity of the testing procedure and test results. r B. Actions following Testing. Q Ones the completed altheoDeparttent Director or designee shallebehcontact ed by the departmental representative. The Department Director or the resulshall di n w issue with pay strati place the employee on ~dmini the alcohol and drug screening. The employes shall not • permitted to health, safety, or welfare of y the publict co-workrs or the emdplloy@. the The Director of Human Resourcas or designated representative of the Human Resources Department shall be responsible for notifying the Department Director or designee of the alcohol and drug screening results as soon as this n oippopriate Executive Director n of Resource@ the arenig rsults. el notify the Copies { AM=$110 ~gendaNo 0 POLICY/ADMINISTRATIVt PROCtDVR6/ADMINISTRATIVE DIR8CT1~;'j~o~ u ) AOl~Or~ MIL& f aerRaMCB NUMM ANTI-SUBSTANCE ABUSE AND FEMABILITATI, 108.12 of the laboratory report reflecting the alcohol and drug scr(ening results shall be transmitted to the aforementioned officials when the report is available. The Department Director or his designee shall take the appropriate administrative and disciplinary actions in accordance with the city's ' discipline policy (104.01). Administrative action stay include reforral to an employee assistance rehabilitation program and the imposition,of other } conditions of employment deemed appropriate by the Department Director. The supervisor "stay require an employee to undergo' drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. ` c. Supervisor Training. F M C `shall train supervisory ppeersonnel in Identltylr~g drug and alcohol " nq employoes. each training will be directed towards helping Y eupesrisprs too Lae the conduct and behavior that, give' 'rise to a t ieatonallle auspl0 oa of drug or alcohol use. o r 1 { i AAAMS/I I I r f ~ MC ITY COUNCI j 2 ~f/ Ply i Apr: 3{ d Of 01'yr b lit St Oro M I' wxr~y r i ar CITY COUNCIL REPORT I E ' v TO: Maycr and Members of the City Council FROM: Lloyd V. Harrell, City Manager a r . i r r ~ !jyl SUBJECT: Temporary Closing of the Library Facility to Barcoda Collection ~f $ DATE: November 28, 1994 9 ~ i R.h,NhME tSAYlON: The Denton Library Board and the Friends of the Emily Fowler W.M Public Library recommend the sequential closing of the library facility during a two ' " week period beginning January 17, 1996 through January 28, 1996 to barcode the library collection. z juMMA Li barcoding the collection is one of the two major tasks the, library , mated s stem can be made o erational. department must complete before the auto y p RACKQROUND: Metroplex library directors and system administrators have been ` surveyed and we have found that the sequential closing of the library was considered ; to be the best method of accomplishing the barcoding project. With extensive publicity. and public awareness of the closing, area libraries have successfully ! ft, completed barcoding their collections without customer complaints. (See attached ' detailed report.) 1 PROGRAMS DEPARTMENTS OR CROUPS_AFF T 0: The two weeks selected in January will have the loast Impact on public service. Denton Independent School District teachers and librarians tell us that because of the new semester starting In mld4anuary, the student demand on the library will not occur until February, I .r' :M :]'H.nhw M.Y'y♦C'nNNY'u U!~'~' -01 OK% C +.,1 C J~ . V r 1 q~ (2) Page 2 ] Mayor and Members of the City Council a' November 28, 1994 A c FISCAL IMPACT: Hiring temporary workers would cost an estimated $17,080, not t far including the administrative cost of recruiting and training an outside workforce. By utillzinp library staff personnel, the barcoding project will not incur additional cost. lo, Y r it J 1 Aespootfully submitted: 1 x 1 r v:' uo d .Harrell v hrf` City Manager. prepared by: 1 Eve Poole . Director of Library Services i f 10 a6A Exe o6 6 Arector' ' j Ntl°~~ ;x Mtmlcipa( trvlces & Economic Development zr + .~r~ AHH00471 , ! + 2 ak~`, yi~i+'S,~ 1 h1 c h ~ d p r r 3. ~a say t d y~~/~, Yo~N D D1 t Ageodal MYO DEN1rON, TE'at'" WHICIPAL BUILDING DENTON, TEXAS 76201 P E(817) S66 x200 ` MEMORANDUM i "J DATE: November 22, 1994 G T0: Honorable Mayor and Members of the City Council j FROM: Eva Poole, Director of Library Services r : SUBJECT: Jemnorary Closing of the Library Facility to Barcode Collective INTRODUCTION, J. This report is to advise the Mayor and City Council members regarding the schedule of closing of our library facility In order to barcode the library collection. The closing ` of the library facility, Will take place in sequence over a two week period beglnning January 17 through January 28, 1995. Barcoding the collection Is one of the two ; major teaks the library department must complete before the automated online system d G,; ky F can be made operational: Closing the library facility to Initiate the barcoding project yr. has been successfully accomplished at five (6) other libraries In the metroplax without customer complaints. (See attached survey), `rr SCHEDULE OF CLOSINGS: The schedule of closings will be as follows: " • January 17 through January 21 i dY Y • January 23 through January 28 , ' ll P`(y ` SIZE OF THE PROJECT: } < '4 F There are approximately 131,657 Items In the total library collection to be barcoded and a minimum of 3,072 staff hours will be required to complete the project. The library staff at the Emily Fowler Public Library will barcodo the collection. For example, 32 staff members at the library, working In teams of two, will barcode 90% y~. of the library's collection during the two weeks that the building WWI be closed. The Items not barcoded during this time will be barcoded as they are returned from F circulation and before they are placed on the public shelves. J Lope e.- t f 1. r hn u ~t a ~ INC Page 2 3gendal Honorable Mayor and Members of the City Council late November 22, 1994 PROCESS OF EIARCOI}lM Attaching a barcode to each item in the library's collection Is a necessary step in the f Implementation of the automated system. The barcode Is essentially the control number for each item. Applying the barcodas Is a tedious, labor-Intensive process which requires close attention to detail. The match between the Item and the barcode must be exact; otherwise errors will result in circulation records when a barcode does not match the correct record in the date base. t QPTt0NS_ Ot`~NSIDERED: Temporarily closing the facility during this time period was determined to be the best option among the various options available to accomplish this project. Hiring temporary workers would cost an estimated 817,080.00, not including the } administrative cost of recruiting and training an outside workforce. In addition, the supervision of the work would have to be conducted by staff personnel.' Utilizing • r "''Y` volunteers, or adding the barcoding project to the library employees present workload i also proved to be unsatisfactory solutions. Issues such as cost of supervision and training of non staff personnel, the lack of quality control, inefficiency and a resulting, ~ ` lengthy delay In making the automated system operational were problems associated with these various alternative methods. Consideration was also given to the effect the process would have on public service. With our current staffing limitations, we concluded that service would be unacceptably Interrupted for a long period of time if the library remained open while r ` staff attempted to accomplish this project while maintaining their present workload. i' It was also considered unacceptable to eliminate service by closing only on Saturdays r~ until the barcoding was completed. Problems associated with closing the library to the public on Saturdays would result In, • At least 10 weeks or 2.6 months to complete the barcoding process; a Either 6-day workweeks for all staff or making every weekday s half-staff day; s~~, * a Staff having to back track through the collection each Saturday to find the materials returned during the past # ~r week that had not yet been bercoded. Or, find an r area large enough to store all those materials returned Ir t .v l 1 • S r.. rug I { ~ j , f "IftNc Q14-040 Page 3 If Honorable Mayor and Members of the City Council Ott - l i November 22, 1994 during the week, making them inaccessible to patrons) V wanting or needing them during that time E Leaving our heavy Saturday-only cllenteie, including students who do homework research on that day, without library service for the duration of the barcoding. 3~ . f l Consequently, the sequential closing of the building was considered the best method of accomplishing this project by both The Friends of the Emily Fowler Public Library Executive Board and the Denton Library Board. (EENEF(YS OF THE PROCIE RE OUTLINED: r 1. It will allow us to proceed with the installation of the automated "A } r {I system in a timely fashion and in accordance with the timeline agreed s,( upbn with the vendor. The goal is to have the circulation software ?7* module in operation by February 1995. ; a t, 2. There will be no additlonat salary costs to the City since library employees will do the work. 3. Utilizing library staff, full time, for this purpose will allow for the close supervision required in this project and the corresponding database clean-up work which is also a necessary part of the I process. Y 4. The two weeks selected in January will have the least Impact on public service because Denton Independent School District teachers and librarians te!l us that because of the semester ending in December, there won't be much activity until after the month of January. In particular, student use of public library resources is less In January than in any other time during the year. 5. Finally, the degree of efficiency achieved will be the highest that fru~'r " could be expected for this project duo to the fact that library q~ . personnel, who are experienced in working with existing bookstock, will be doing the work. r r 't Yi Page 4 ~gsndall Honorable Mayor and Members of the City Council f elk November 22. 1994 PLJBLICITY ACTION PLAN: ~ r 1. Contact PTA's and have the closing information placed In their l newsletters. I 2. Send notices of closing to each public/private school with flyers for teachers. ` 3., Place notice in Denton Record-Chronicle's weekly library column. 4. Place notice in each book checked out up until day of closing. 6. Place signs on the building entrance of library. IS., Give closing dates to City of Denton's Public Information Officer to f place on radio and ty public service announcer»enta. t r 7. Texas Woman's University and University of North Texas; i sr newspapers, f bavcs Centers and Denton Recreation Centers. ' If you have further'questions, please call meat extension 7736. I Eya Pools Director of Library Services i 1 'A EP,dm AHH00603 r 1: 4, p f.M i t, 1• ' ~BfId8H0 g I I1r` r ' ' ~ ~+J "r >f t BARCODE 7V SURVEY OF METROPLEX LIBRARIES LIBRARY BARCODED? CLOSED TO CLOSED HOW IF NOT CLOSED, NUMBER OF a., BARC0DE1 LONG? HOY. WAS IT ITEMS s } ACCOMPLISHED BARCODED t Arlington, Yes Yes 2 wks- 260,009 # E 8171459-6900 central;l " Phyllis Wright wk branch ~J( Medford.` Yes Yes 1 weeA 4 mths while 81,144 r, 8171962-2180 partial open Urb Johnson CarrOilton Yes Yes 2 weeks 92,162 ~ 2141468-$360 'Edith" Reiss no Yes Yes 10 days/ 297,29'3 a ,+1 '11417214638 central; 7 x lemar Veatch days/ j branch rt Piano,, Yes Yes 7 days for 339,661 l s" 2i`41964-4208 each Lori Heilman branch ' location; k 13) branch i libraries ull n Richardson 1;"s No Took 6 months 153,843 2131238.4000; In 1981; teams r~E t3Ion Frisby of 3 or 4, 2 f` shifts per day `lS 01 November 28, 199 AHH005EC k V, I ppi !T k d&F i i CITY ~ COUNCIL r - P P ~FF Q it F f k. Z I r E Ap No S 4t 5 ` E ti cm of oaArrft raxAa MUNICIPAL BUILDING • DEN TON, TEXAS 76201 • TEL EPHONE 18 17) 566-8307 I Office of the City Manager rq t ! MEMORANDUM r. TOt Mayor and members of the city council YR04i: Lloyd V. Harrell, City Manager " ;'•sa^„ a,; DAT=: November 17, 1994 ~ ~8DlJCTs Review of Council Rules Concerning Placement of Items on I! a City Council Agenda At, the city council meeting of November 8, 19940 1 reviewed in detail with the Council the procedures followed in establishing the y„ Council Agenda. Following that discussion, a Council Member asked that the specific rule of the council governing the placement of , emergency items, on the agenda be reviewed. This memorandum ? ;.,attempts to carry out that request. Essentially, when discus ling this subject, three important time $ y periods need to be mentioned as follows: i. According to Council Rule 6,3 (attached), any member of the Council may suggest an item for future discussion at a work Session. Thus, any member of the Council has the right to place any item on the agenda. However, the exact timing is left to the discretion of the staff and Agenda Committee. If a Council Member requests a i specific date for that discussion, every attempt is made 1 to honor that request. 13 a 1 -r p 2. The city Agenda Committee finalizes the agenda some time during the week before a Council Meeting, usually at an Agenda Meeting held at 9:00 a.m. on the Thursday preceding the Tuesday Council Meeting. Following the adjournment of the Agenda Committee where the items to be considered have been agreed upon, Section 6.1 (attached) of the Council Rules of Procedure comes into play. This Nil rule specifies that if a Council Member has an emergency item that the individual feels should be placed on the +w next regular or special meeting agenda, the placement Ixr must he approved by two members of the Agenda Committee. ~s yr P' "Dedicated to Qualm, Service" r . r. 1 ~MOw <f181 ` , • Mayor and Members of the City Council November 17, 1994 { Page 2 C)j 3, According to State law, the City Council must poet the ~tnjJY„ f formal Council Agenda by Pr ire at Thus, pif. any order item is t., meet the 72 hour rule requ law added to the agenda following that time, State provisions governing emergencies must come into play. Acting City Attorney Mike Sucek will be prepared to discuss wh: would qualify as an emergency under State i r ?e law and thus eligible for consideration after the 72 hour §r,; r period had passed. rx°` if there are any further questions regarding these procedures, 5 please f el free to contact me. i t o Harre City Manager fi 1 LVH : bw AMMOOSD9 Attachments 1 1 T i r 1 r 1 {C y rCf>di , i ' C y6t ; i ✓~r ti r °.p 1 t. 10 ApWin 3 DF approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. OR= OF RQNIMQas 6.1 agandat The order of business of each meeting shall be as contained in the agenda prepared by the city Manager. The agenda shall be a listing by topic of subjects to be considered by the Council. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Councilmember has an "emergency" item the; the Councilmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee. Conduct of business at special meetings and Counc,tl Committees and a►ibcom- mittess will likewise be Governed by an agenda and rules of pro- cedure contained herein. 6.2 Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the requ)arly 1 scheduled city council meetings. r, 603 p,*ggntations bi Members of Council: The agenda shall s provide a time when the Mayor or any Councilmeater may bring before the Council any business that he or she feels should be deliberated , upon by the Council. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or, city staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more. detailed review, the Council will give the city Manager or City Staff direction to place the item on a future regu- ,T r: lar meeting agenda and advise staff as to the background materials to be desired at such meeting. x 664 Presentation by Citizenst (a) Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager$s office of that fact and the specified,subject matter which he or she desires to place on the agenda no later than 6:00 x .'F pm. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. (b) Any person who wishes to address the Council regarding an item that is on the Councilts agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and return it to the City 8saretary before the r u Council considers the item. The Mayor will call upon the citizen t C to speak for no longer than three (3) minutes as that particular pNpDUpo4' PAGE 7 - Ya r, ~gendaNo-~-- Afleadalte We~`(0 5. The council held a discussion and gave staff direction regarding rules for placing emergency Council items on an agenda. City Manager Harrell stated that this was a request from Council to review the rules of procedures to place emergency items on an agenda. There were three council rules or state law provisions which were relevant in regards to the timing of placing an item on an agenda. The first provision was section 6.3 of the Council rules which stated that any Council Member could request an item be t placed on a future work session of the Council. Currently the i exact timing of the placement of the request on a work session war, left to the discretion of staff and the Agenda Committee depending `a on the volume of matters before Council on an agenda or the amount of minor research which would have to be done regarding the item. If a Council Member made a request for a specific date for an agenda, every attempt vas made to honor that request. The second { provision was Section 6.1 of the Council rules which discussed emergency items which might occur. The Council Agenda Committee usually meets on T?u.+raday the week prior to the Tuesday Council meeting. At that point, the Committee reviews the agenda for the following meeting. Section 6.1 stated that a Council Member who felt he had an emergency item to place on the next Council meeting, could get the concurrence of two of the three members of the Agenda Committee to agree to place that item on the next agenda. The r~z + third provision was the State Open Meetings provision dealing with the 72 hour notice for posting notices. An item could not be posted after that time frame unless it met the criteria of an emergency as defined by state law. Acting City Attorney Bucek stated that according to the open Meetings Act, an emergency meeting had to clearly identify the urgent public necessity for calling a meeting on short notice. The ;F reason for the emergency was limited to imminent threat to public health and safety or a reasonably unforeseeable situation requiring immediate action by the governmental body. The Attorney Generalts kr opinion stated that if the situation could have been anticipated, it was not an emergency. If the item was sudden or unexpected, it was not an emergency unless it had dire consequences. An example would be a School District trying to purchase property and the land 4<<n owner indicated that he wanted tclose the deal within the next 10 days which would benefit the School was not an emergency. Council Member Miller felt that the issue'dealt with a situation which might arise after the Agenda Committee meeting. Something +VX might come up later in the week that if not acted on at the next meeting would be too late to do something about. He suggested a procedure which would allow a Council Member request by 1:00 p.m. `I on the Friday before the meeting that an item be placed on the next k agenda. This procedure would not be used very often but would be r~.r helpful to council. Y~WV4- ,t . INS- Mpi ~y 1 ! Ir . a,. apondaNo. Q Agenblt G Date Mayor Pro Tom Brock expressed a concern regarding the defini o would apply to section 6.1. of the council ~ emergency which 1 loco ` ,,~rules. Acting City Attorney Bucek stated that the Attorney General's .definition of an emergency dealt with the diPlerence between a 72 t lhyur posting notice and a 2 hour posting notice. In this case, C,. cil would give a 72 hour notice but there was a need for a dAfinition of a local emergency. ~;fk 1 Mayor Castleberry stated that during the time in which he had been ~~hr on the 'Agenda Committee there had been only one emergency item j pleiod on agenda and the two of three rule would apply. He did not see a reason to make a change in the current procedure. Miller motioned, Brock seconded to modify the Council rules to allow a Council Member to place an item on an agenda by 1:00 p.m. on the Friday before the next meeting for the next agenda. An (t emergency would be defined as an item which needed to be acted on by the next Council meeting. on roll vote, Brock "aye", Cott "nay", Miller "aye", Chew "ayePerry "nay", and Mayor Castleberry *nay". Motion failed with a ~-3 vote and would be placed on the next agenda for consideration. n i i •;;b 4 i3. f s.~ 511 :1 - - tit t. x° t. f _ I ~ s ~ x ak~`~-`ray' ~ n r 7 r i 6r'rsiq~' A00 _ CITY OF DENTON CITY COUNCIL MINUTEP% September 13, 1994 0 The Council convened into Executive Session on Tuesday, September 13, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council considered the following items in Executive session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered action in the matter of the appeal of the decision of the TNRC in the application of Bolivar Plater Supply Corporation for an amendment to CCN No. 11257; Docket Nos. 9824-C and 9447-C of the Public Utilities commission. 2. Considered claim of Jennifer Owens. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into the Work Session on Tuesday, September 13, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tom Brock; Council Members ! Chew, Cott, Perry, Miller and Smith. f " ABSENT: None 1. The Council received a report, held a discussion and gave staff direction on the Employee Wellness Program - Corporate i Wellness Report Executive Summary on participation by city ; employees in the Health Risk Assessment. Tom Klinck, Director of Human Resources, stated that the long term ! goals of the wellness Committee were to reduce individual and organizational costs for the City's health insurance program. Phase one of a five year program would implement a wellness I' program, initiate health and wellness education and evaluate the organizational profile. There were 465 participants in the program. Each participant received a confidential report which i provided a health assessment for that individual. The City received an overall assessment of the participants. i I k,L ApendaNo Q '~0 City of Denton city council Minutes September 13, 1994 1~Q9ilda Page 2 ()Rob Rebecca Bender, Dynamic Health Enterprises, stated that the Wellness Committee had done a great job getting the employees interested in the program. She reviewed statistics concerning the results of the program which indicated cardiovascular problems as the major risk factor for employees. The second major risk factor was cancer with 274 of the participants being smokers. Other risk factors included accidents, lung disease, high blood sugar, liver V disease and stress. Recommended health actions included weight reduction, fitness, exercise, and good ,-`ritional foods. An evaluation of the program indicated the pry;, a should continue. Klinck stated that original cost projects, were $19,000 and actual costs would be $22,000. He was recq.~szing that Council authorize additional funding of $3,095. ' i Mayor Pro TOM Brock stated that those who did not participate in the assessment were probably in worse condition than those who did. Klinck replied that originally they were concerned that those who participated in the program would be healthier and the results sight be skewed. i Bender stated that the program tended to bring in those already health conscious. An added incentive might bring in those individuals who were less likely to participate on their own. Klinck stated that there was now a base line to work with. " city manager Harrell stated that funds were included in the next budget to continue the program for a second year. It was felt that the participation rate would increase as employees discussed the ii merits of the program. ,I 1 Klinck stated that there was an anticipated 304 increase in the program participation. 2. The Council received a report, held a discussion and gave staff direction regarding the use of Lalor funds for Science Land. Kathy DvBose, Acting Executive Director for Finance, stated that ! several weeks ago Council had discussed a request from Science Land to receive Lalor funds. Staff had met with Science Land and it appeared that there were two categories Science Land would qualify for funding. The first was tourism in which $5,600 would be eligible and the second was historical restoration in which $1,750 would be eligible. In total, $7,350 had been identified. { City of Denton City Council Minutes WaNo A9e~dalt September 13, 1994 Page 3 Dat l Council Member Cott asked why all of the closing dates were unified E on the Lalor fund contracts. City Attorney Drayovitch stated that when the contracts were ears of the entit es years. agreements renegotiated, all oof the which en were based othe fiscal y at i different timos of the year. Council amended the contracts o that all contracts would terminate at the end of March. That would give the Council an opportunity i if any chadnges h were current desired. of fund allocation and d Council Member Cott stated that any dollars in those funds were generated by the organizations which were already receiving funds. j allocation. dollar DuBose hotel/motel that the the hote reserve fund was occupancy t tax had a established for any excess allocation. a j Mayor Castleberry expressed a concern about an organization asking ! the City to help them out of a difficult situation after being in operation for 22 months. There were some reserve Lalor funds and the City would be using some of those funds for the civic center. He was concerned that the City was asked to use Lalor funds or City to ask the group. private ector i for would the f nd g er for the organization 3 Council 1 organization r Perrryy askedlif Science organization, a local non-profit or of a r Dalton Gregory, President-Board of Directors for Science Land, stated that Science Land was formed in June of 1992 as a private not-for-profit organization and was recognized as a 501C3 corporation. 1 Council Member Perry asked if it was a local Denton program. Gregory stated that it was a member of the American Science and Technology Centers which provided members with agreements to attend E other museums and network for technical assistance. Council Member Miller stated that he understood the request for ate enough funds funding was year one-time o as to be self-supporting. during the next Gregory stated that the funding would help generate more traffic through a marketing program involving tourism. 4prdaNo a city of Denton city council minutes ~4QAa~e`! September 13, 1994 Page 4 tigt8 ` y0 Mayor Castleberry stated that this would be a one-time request with no future requests. Gregory stated that he was not auth)rized by the Board to respond to that question. Council Member Smith asked that if the plan was for more outreach that with and instoexpenses. tio would t th seeini iativesid auselyadditional ongoing h expenses. Gregory replied that they would not provide additional expenses and it was hoped that they would produce core revenue by attracting more attendees to the museum. Mayor Pro Tem Brock stated that since the council would be reviewing all organizations which received Lalor funds and as this was a request for one time assistance, she felt it was a reasonable use of funds. l Brock motioned, Smith seconded to authorize a one time expenditure. ~i•`. I City !tanager Harrell stated that proper course of action would be to direct the staff to develop a formal contract with Science Land for the allocation of funds. Brock and Smith indicated that the motion and seconded included lott, documents foiller r thpafundr instructing staff to prepare the proper allocation. on roll vote, Brock aye Mayor Castleberry "nay". Smith "aye". Chew "nay ms Perry *nay", and Motion carried with a 4-3 vote. 3, The Council held a discussion and gave staff direction regarding solicitation from the roadway. Joseph Portugal, Assistant to the city Manager, stated that this issue had been before Council on at least four previous occasions. Since 1968 the City had had an ordinance prohibiting solicitation on the roadways. The ordinance was developed in response to numerous couplaints and concerns expressed from the public. The solicitation involved both business and charitable caonntributions. Concerns expressed involved traffic conq dangerous conditions to the solicitors. In September 1992 Council received a request to allow solicitation to support a national ha itable thi ' event. Staff surveyed 13 cities, at that time, regarding issue to determine if there were local ordinances permitting such activity. Ten of the thirteen cities had an ordinance. Four of ii those ten permitted solicitation on streets and right-of-ways. i 1 Following discussion, Council voted to not proceed with the • I 1 , 4L I City of Denton City Council Minutes Agenda No .9,4.-.040 _ September 13, 1994 Agendalt Page 5 Date 5 0~~ development of an ordinance permitting solicitation on City streets. In August of 1993 the Council received two more reports on the issue. A report on August 24, 1993 advised the Council that in addition to the local ordinance prohibiting solicitation on roadways, there was also a state law which prohibited solicitation although it did allow local governing authorities the option of granting an exception to charitable organizations. Staff advised council at that time that it was important to remember that if Council chose to make that exception that it should be uniformly applied to all charitable organizations and not to just one in particular. Sample ordinances were presented to Council at that i time which included requirements such as liability insurance, time/place regulations, liability waivers, designation of a 1 charitable organization, requirements to wear safety vests, specific intersections at which to solicit, and no walking in the roadway. Council directed staff to prepare an ordinance for consideration. On August 31, 1993 Council considered the ordinance and elected to study the issue further and asked that it be returned for consideration on October 12, 1993 at which time the ordinance did not pass. The item was last considered on March 22, ~ 1994. I' i f Council Member Smith asked what had changed since the last discussion of the issue. Portugal replied nothing to his knowledge. Council Member Smith asked if the laws and opinions were the same. Portugal replied correct. Council Neuter Cott stated that one recommendation was to have all the organizations provide their own insurancq. To the extent that d an, organization was part of the city, did not the City self-insure those organizations. City Attorney Drayovitch stated that the City would not be insured in that situation. In the event of an accident, the City could be named as a party in litigation if it had issued a permit to perform ! that activity. Council Member Cott asked that if the fire fighters decided to purchase insurance to solicit from the streets, and the City could not allow them to do `hat because other organizations could not purchase insurance, could the City insurance cover other f' organizations the same as the fire fighters. This would allow the fire fighters to do this activity. v. . i ~ n V aAenQaNo City of Denton City Council Minutes Agamiat September 13, 1994 tat _ U Page 6 ! ~ ~~c.XCJ City Attorney Drayovitch stated that since the City was self- insured and did not have a policy of liability insurance for these particular activities, there would be no automatic coverage of other organizations. Mayor Pro Ten Brock assumed that if there were requirements for liability, the insured would be the association. City Attorney Drayovitch stated that if the Council adopted an ordinance which imposed an insurance requirement, the insurance J would be purchased by the organization conducting the solicitation k i or the national association. ' Council Member Cott stated that he was trying to find a way to provide insurance for organizations which could not afford the premium. Council Member Smith stated that in previous meetings, there was a question of legality of writing insurance requirements into a I permit. City Attorney Drayovitch stated that staff,'s researcb had not been updated since last October. She knew of no current cases which would offer that change. There were some cases where insurance requirements for permits involving First Amendments rights had been struck down. Mayor Castleberry stated that if there were an injury to a uolicitor, the city could be part of a suit. F, City Attorney Drayovitch replied just as in any other permitting activity. Council Member Smith stated that she had been conducting a survey of citizens and businesses and no one she had talked to was in favor of having solicitation or, the streets. It was unanimous that 1 the oitisens were against such an activity.. She felt that if the j Council decided to consider an ordinance permitting solicitation on city streets, there needed to be a public hearing to hear the views of citizens. Council Member Perry stated that he had the same opinion as when the Council previously looked at this issue. He felt there was no 4 support for this issue except from a small segment of citizens. He felt that it was dangerous to go into a busy intersection and solicit funds and to divert the attention of drivers from the roadway. He felt there were other ways to solicit funds than doing it from the roadway. HIV s^!r r ' I City of Denton City Council Minutes AgeftdeN0 E September 13, 1994 Page 7 Agendalte f Dete~ I 7 Council Member Chew stated that the only ones being prohibited from doing this were the fire fighters because they were City employees. The current ordinance was not being enforced. Council Member Miller felt it was important to have public input. g~ Two years ago the discussion never got to the point of having the ordinance considered for public input. He suggested instructing staff to draft an ordinance for public input. Council could vote on the ordinance heard at that time. Syr Due to a time constraint, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. 4. The Council received a report concerning council Committee Affiliations. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. i The Council convened into a Special Called Session on Tuesday, September 13, 1994 at 7:00 p.m. In the Council Chambers. ` PRESENTS Mayor Castleberry; Mayor Pro Tom Brock; Council Members Chew, Cott, Perry, Miller and Smith. s a ?U ABSENTi None 10 Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Session of July 5, 1994 and the Special Called Session of July 12, 1994. Council Member Smith asked that the minutes to considered on an individual basis as she was not present for the July 5, 1994 meeting. Perry motioned, Brock seconded to approve the minutes of July 5, j 1994. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew s "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried a' unanimously. C ' i T d~ 4~ L.+eS YL. w I i f C44-OLIO City of Denton city council minutes September 13, 1994 Agenda! Page 8 Daie Smith motioned, Brock seconded to approve the minutes of July 12, 1994.. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented a proclamation for Habitat for Humanity + Day. 3. Citizen Reports A. The Council received a citizen report from Larry Brown regarding the claim of Jennifer Owens and its handling. G Mr. Brown withdrew his request to address the Council. 4. The Council received the Denton Airport Master Plan. Frank Robbins, Executive Director for Planning and Development, stated that this item dealt with acceptance of the Airport Master Plan but not adoption of the plan. It was not an action item for council consideration. Item 5 of the agenda would consider the Federal Aviation Administration layout plan which was approved by s the FAA. Item 6 of the agenda was a public hearing and zoning to protect the Airport and land use around the Airport. Two recommendations would be presented to Council. One was from the Planning and Zoning Commission and one from both the Planning and Zoning Commission and the Airport Advisory Board which recommended a lan and zoning which took a longer view than the FAA at this po pint in time. The proposed zoning was intended to protect the health, safety and general welfare of those using the land around r ' the Airport as well as to provide maximizing c: a community asset. ,y= The recommendations concerning zonini took advantage of new enabling leyislation to avoid problems lath similar airports. The proposal detailed the three configurat:,)ns of the runways which were inoluded in the agenda. back-up materials. The zoning ordinance was based on the layout as indicated in the agenda backup ' ~ mat_sials. Jim Harris, Coffman and AssoW ates, presented an overview of thij Matter Plan. The FAA encouraged an update of the master plan approximately every five years as technology and economic conditions changed in five years. This master plan took into consideration many changes which might have occurred since the 1986 plan. The plan was divided into two specific elements to try and identity needs and concerns of the community required to serve demand in the future. First were the requirements of airports and alternatives and second was implem3ntation. Requirements and II r I1M i raw AfleitctaNo ` 0 City of Denton City Council Minutes Ago=&W- q September 13, 1994 Date Page 9 C)FtO alternatives started with a facility computerized forecasts, demand capacity, airfield alternatives, termir.dl area alternatives, and revenue on of support alternatives. This led to implementati nvironmentalrea evaluationB of master plan concepts, lans financial/capital imp This was a d mand ocairort curr nce plan nand notaa master plan report. time line plan. The Denton Municipal Airport provided general I { aviation services type of operation looked atia number of ibasedAaircraftt for this typ T&tai aircraft s used to operations age acti itv at the airport. one other element addressed was tential of aircarrier commercial activity at the cil of Governments, numbers indicated that over time airport. Coun DFW would need additional capacity and that would be met through the addition of runways at DFW and Love Field The whichdevelop d scenarios of potential commercial service, part jj fulfilled at the Denton Airport. The Council of Governments had ! been updating its numbers which indicated a slowing of growth. Recommendations of the plan were to extend Runway 17-35 to 7 approximately feet, construct a 5,000 foot parallel runway, 140 acres of property around the Airports construct terminal it traffic aviation building, control tower, construct a general construct 138,000 equarinstall220 tiedowns$ and constructi80,~000 ~ install 190 t-hangers, square feet of conventional hangers. Richard Stewart stated th6t he was in favor of expanding the 1 Airport. The present airport had would have moreibusinessa now ifethe 1 to be. City had proceeded in the past with issues considered then. He felt What planning was still not adequate and that future planning should consider all aspects of development. Chadwick stated that he was representing the Vision Doug Transportation Group* supported the general concept of the Airport Master vision Project Plan and associated zoning. Growth and development of the Denton Airport complex was compatible with their vision of the City. Zone 1 of the plan and in Bernisce Patterson stated that she 'Lived + ced was concerned with t una to approveditheo plars. No onekwould be that wiling property y if Co . wiling to buy her property when there would be lesion wereegiven the house could be robuilt. if destroyed. if p to rebuild or remodel, it would cost several thousand dollars more than the average. It was stated in the noise mitigation standards that all sleeping spaces had to have a carpeted floor which s ter, f Ray. •YAI tiY+b S 1 AQendaNa city of Denton City Council Minutes September 13, 1994 Page 10 of dictated what she had to install which took away her rights as a citizen. The Denton Airport was mainly a recreational airport as most of the planes were privately owned. Therefore, she questioned the necessity of the proposed expansion, especially with DFW being 1 so close. It had been said that the commercial business had not t come to Denton because the runway was not long enough. There was no guarantee for commercial business if the runway was extended. Plano had many businesses in its city and it did not have an airport. She asked the Council to think about the complications due to the proposed expansion. 3 the aster plan which he m Richard Rafes expressed concerns regarding th P felt was outdatod and erroneous. The Plan was predicated on a 1990 COG study which indicated that additional runway space would not be k 4 needed until 2226 because of the two DFW runways. The coo plan relied on two runways not being built but in reality those two were being built. The entire plan was not correct and was a false assumption. The second major area of disagreement was the number of based aircraft. From 1980 to 1991 there was a significant drop in aviation demand. Based on that, the historical trend for Denton registered aircraft had dropped. The analysis was erroneous and the Master Plan was not correct. Rick Woolfolk stated that the Airport was very important to Denton and there were many positive aspects of the Airport. It wag important to note that the Addison Airport lease would be expiring in the next five to six years. oainsville was trying to attract business to Gainsville from Addison. Council Member Cott stated that there were two 13,000 foot runways and two 8-10,000 runways at DFW for local business. E Woollolk replied that there might be lour 10;000 foot runways with two longer ones. Council Member Cott stated that Denton's concern would be the short runways for regional traffic as opposed to commercial aircraft. Don Smith stated that the Airport should be viewed as part of the transportation system of the Denton commumity. As such, individual personal rights had to take a back seat to the needs of the growing Denton community. There needed to be a plan for orderly growth of Denton and for the Airport. Denton was not a recreational airport. There was some recreational flying but most were business trips. The Airport was a resource similar to 135 and the City needed to adequately plan for the expansion of the Airport. Based aircraft figures in Denton were misleading and they would increase, not decrease. i , E j City of Denton City Council Minutes "aw September 13, 1994 ag Page arr Date + Council Member Cott asked If the city should pay the disrupted homeowners. Smith stated that that should be a topic of serious debate for the Council. David Arno stated that he did not want "it might have beenw to occur in the planning for the Airport. The area growth was toward Denton and Denton needed to prepare for that growth. The City needed to plan for the Airport and plan for it as a major part of the County. h Billie Gregory stated her bedroom was in Zone 1 and her property would be affected by the expansion of the runway. She wanted to 1 know what wets the plans for individuals in zone 1. I Council Member Cott asked Mr. Rafes to address the concept of DFW being a long range and short range airport. Rafes stated that no one was o A long range plan really did not needhsuchplongo airports raswwas i found in the Master Plan. Many airports around the State did not have such long runways. 56 The council considered approval of a resolution adopting the Airport Layout Plan showing the extension of the existing runway to 7,$00 feet and a proposed 5,000 feet runway lying 700 feet west of and parallel to the existing runway. Frank Robbins, Executive Director for Planning and Development, stated that out of the Master Plan process came the Airport Layout Plan., The Layout called for an extension of the existing runwato 7,500 feet and a proposed 5,000 toot runway. The FAA had provided conditional approval of the layout, if approved, the resolution would be forwarded to the FAA and they would publish it as their plan for Denton. The Planning and Zoning Commission and the Airport Advisory Board recommended approval. i Mayor Pro Tom Brock stated that there was a layout plan which was j recommended by the Airport Zoning Commission. The City was l required by law to look at that plan as well. Robbins replied that the Airport Zoning commission was involved in the sonIng of the Airport and their recommendation was only for zoning rather than the FAA layout. They used a runway configuration for the basis of the zoning but did not make an airport layout plan. r6 i i City of Denton City Council Minutes -Il? 0 September 13, 1994 4~~AdaNo M Page 12 AgeAdatte Date - The following resolution was considered: NO. R94-050 A RESOLUTION ADOPTING THE AIRPORT LAYOUT PLAN FOR THE DENTON MUNICIPAL AIRPORT, CITY OF DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. i ! Perry motioned, Miller seconded to approve the resolution. on roll E vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew E I "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried E unanimously. j I i 6. Public Hearings I A. The Council received a final report, held a public i hearing and considered adoption of an ordinance amending Chapter 36 (Zoning) of the Code of ordinances by adding a new Article X regulating and restricting the height of structures and objects of I natural growth, and otherwise regulating the use of property in the vicinity of the Denton Municipal Airport by creating the appropriate zones and establishing the boundaries thereof) defining certain terms; referring to the Denton Municipal Airport Zoning Map; providing for enforcement; including a provision for severability; and imposing penalties for violations. (The Airport Advisory Board and the Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Development, stated that the State airport zoning enabling legislation had $Y~: changed considerably since the City last adopted airport zoning in 1981. That legislation gave cities the size of Denton the ability to zone for land use capability and height hazard outside the City limits. The proposed ordinance applied to both the city limits and the extraterritorial jurisdiction. Information from the Master Plan and data from other sources supported the two runway configuration which the proposed zoning defined. There were two proposals based on two different runway layouts for Council consideration. Plan Number 2 was proposed by the Airport Zoning Commission as indicated in the agenda backup materials. Robbins 4.' reviewed the recommendations of the runway layout as detailed in the agenda backup materials. Areas on the east and west were narrowed and on the north and south were increased. There were 44 houses in the ordinance recommendation and 77 houses in the Airport Zoning Commission recommendation. There were two types of zoning - compatible land use and height hazard. Districts were drawn mathematically by noise contours. Subdistrict one included land within the 65 decibels area. The uses prohibited in this Ja Fz~ AgendaNo___!.' City of Denton city Council Minutes AQendalte September 13, 1994 Page 13 0F"' subdistrict included new residential construction, a number of different educational uses and a number of different health care uses. New residential construction was not allowed in subdistrict one area. The four existing houses could remain but could not be expanded or repaired beyond 501 of those uses. If one of those homes were damaged by more than 504 of its value, it could not be ' rebuilt without a variance. It was probable that when the demand was there, those houses would be purchased. Subdistrict two lines r ? were within the 55 decibels level. Residential uses were allowed in subdistrict two if noise mitigation was done such as sound proofing. As an alternative to sound proof inq, the ordinance enabled an acoustic engineer to show to the Building Official that sound proofing had been done so that the average noise level would be 45 decibels or less. An aviation easement was also a consideration which would allow aviation to fly over a home and was another alternative to sound proofing. Existing structures would be grandfathered and could be expanded and improved beyond 501 if j there was an easement or mitigation procedures done. The second 4 type of zoning dealt with height hazard. There were four separate areas for height hazard calculations. The first area was the approach surface of which there were two types of surfaces. One was 10,000 feet from the end of the runways in which the height of a structure might rise one foot for every 40 feet of land out from the runway. The second approach zone was one foot to every 50 feat of land out from the runway. Notification of the publio hearings had been sent to 320 landowners in the area for considered zoning. r F. The proposed zoning was unanimously recommended by the Airport r Advisory Board and the Planning and Zoning Commission. b Council Member Perry asked if the projections were based on :y` airplanes of today or what airplanes would be doing 20 years from i now. E Harris stated that the projections were dictated by current FAA standards and current technology. The Mayor opened the public hearing. Rick Wooltolk stated that it was important to understand that the City could regulate an area 5 miles from the end of any runway or proposed runway and 1 1/2 miles wide. This proposal was smaller than what was authorized and a smaller area was used due to new technology. Height hazards would still be controlled by the FAA eke t`~' F and were part of the ordinance to reinforce the FAA standards. He felt that this ordinance was necessary as Denton was behind in zoning to protect the area near the airp,3rt. He felt the recommendations were responsible and agreed with the smaller zone as proposed. A V Y ' 1 r f.,~1F. y}~.f 1 ~.\Twµ City of Denton City Council Minutes "diNo'( September 13, 1994 49Citd3lt g l nn~,,te Mayor Castleberry indicated that George Gilkeson of the Airport Advisory Board had completed a speaker card in support of the item. Richard Rafes stated that he was neutral regarding the zoning and felt that it needed to be done. Zoning was important to have so that individuals knew what was planned for the future. This zoning was based on an airport layout plan and sometime in the future, the plan would be completed. The FAA indicated that any investment by the FAA had to be made on a demonstrated need. There was no demonstrated need at this time except for an extension of the southern runway. He felt that the ordinance was too burdensome for i current residents and asked the Council to consider a compromise. The grandfather clause was too restrictive and he supported a broader grandfather clause for the current homes in the area. ' Those homes would not be governed by those restrictions. For any future home, he agreed with those restrictions. He asked the Council to not apply the ordinance for the current residents and allow to them to rebuild if necessary. Linda Cole stated that she was in zone one and if her home were destroyed, she could not rebuild and could not add on to her home. These restrictions should not be applied to current homes for an airport expansion which might not occur until 20-30 years. She had received a letter indicating that the city was considering annexing her property. She felt that the City should buy her home now if it 4 wanted to annex it into the City and place those restrictions on it. Mayor Castleberry indicated that B.,v Powelson did not wish to speak but was in opposition to the proposal. j The Mayor clc:=ed the public hearing. 1 The following ordinance was consideredc NO. 94-156A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35 "ZONING" OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE X REGULATING kND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH; AND OTHERWISE REGULATING THE USE OF PROP,hRTY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT BY CREATING THE APPROPRIATE 70NES AND ESTABLISHING THE BOUNDARIES THEREOF; DEFINING CERTAIN TERMS USED HEREIN) REFERRING TO THE DENTON MUNICIPAL AIRPORT ZONING MAP; PROVIDING FOR ENFOR"EMENT; INCLUDING A PROVISION ON SEVERABILITY; IMPOSING PENH' IES FOR VIOLATIONS AND PROVIDING FOR AN EFFECTIVE DATE. .1 r ~ agenBxNa City of Denton City Council Minutes A On al ` September 130 1994 9 I Page 15 Dale Perry motioned, chew seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Consent Agenda Mayor Castleberry indicated that Bid 01664 had been pulled from { consideration. Perry motioned, Smith seconded to approve the Consent Agenda without Bid 01664. On roll vote, Brock "aye", Cott, "aye", Miller 4 "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders. f 1. Bid 01653 - Wood Utility Poles 26 Bid 01655 - Disposal PCB Equipment 6 Debris 3. Bid /1658 - Roof Top HVAC Senior Center j 4. Bid 01660 - Cement, Lime and Aggregate f` 5. Bid 01663 - Gasoline and Diesel 7. Bid 01661 - Repair Feed Water Heater J i B. Bid 01666 - Janitorial services 9. Bid 01669 - Canopy and Foundation For Warehouse 10. Interlocal Agreement - THPA - Electric Meters .r B. Plats and Replats 1. Preliminary plat of the FUF Addition. The 9.603 acre site was located on the northeast corner of I- f xF= 35 and V.S. Highway 776 i The Council considered the Consent Agenda ordinances A-B. i Perry motioned, Smith seconded to adopt Ordinances A-B omitting Bid 11) 11664. On roll vote, Brock "aye", Cott, "aya", Miller "aye", Smith { "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Ordinances A. NO. 94-157 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES? PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE? AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid 01653, Ono i I 4~4 6 City Of Denton City Council Minutes AQendaNO September 13, 1994 Appmal Page 16 ` 4 8 7•A,2. - Bid 01655; 7.A.3. - Bid #1658, 7-A.4- -Bid 01660, 7.A.5. - Bid 101663) B. NO. 94-158 AN ORDINANCE ACCEPTING COMP ' E"1'ITIVE 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. 7.A,9. - Bid 01669)7'A.7. - Bid 11661, 7.A.8. - Bid 01666, I C. The Council considered adoption of an ordinance authorizing the City Manager to execute an interlocai agreement with the Texas Municipal Power Agency to authorize participation in the purchase of various electric meters. (7-A.10.) ! f The following ordinance was considereds I NO. 94-159 AN ORDINANCE AUTHORIZING THE CITY MX4AGER TO EXECUTE AN INTERLOCAI, AGREEMENT WITH THE TEXAS MUNICIPAL POWER AGENCY To AUTHORIZE PARTICIPATION IN THE PURCHASE OF VARIOUS ELECTRIC METERS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN i EFFECTIVE DATE. ' Brock motioned, Smith seconded to adopt the ordinance. On rol % vot:A Brock may*". Cott, "aye", Miller "aye", Smith "aye , Chew aa e Perry "aye", and mayor Castleberry " " " unnimously. aye Motion carried D. The Council considered adoption of an ordinance adopting the budget for the City of Denton, Texas, for the fiscal ear beginning on October 1, 1994, and ending on September 30, 1995. City Manager Harrell stated that Council Member Chew had potential conflict of interest as he served on the Board of Directors for SPAN, There were two allocations for SPAN, one for social services and one for transportation. The City Attorney suggested that Council vote first on those two items to determine if they would be included in final budget. jfya taken, Council Member Chew could return for e future obudget % considerations. Council Member Chew left the meeting with a conflict of interest as he was a member of the SPAN Board of Directors. "'o a 1 City of Denton City Council Minutes AgandaNo r/1 September 13, 1994 Page 17 Apendo Dale 17 Perry motioned, Brock seconded to approve the two SPAN items. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Chew returned to the meeting. P Council Member Harrell stated that the final proposed budget was i ready for Council consideration. Staff took all the items the Council had decided on at the last meeting, which were deviations from the proposed budget, and incorporated them into the budget i i ordinance. This ordinance was submitted for Council consideration. f Any amendments to the proposed budget ordinance would have to alter the numbers for the various funds as specified on the first page of j the ordinance. The fallowing ordinance was considered: i INO. 94-160 ' AN ORDINANCE AAOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING O'1 OCTOBER IF 19940 AND ENDING ON SEPTEMBER 30, 19951 AND DECLnRING AN EFFECTIVE DAT11. Perry motioned, Smith seconded to adopt the ordinance. Council Member Hiller offered an amendment to the motion. He motioned to amend Section 2 of the. ordinances to increase the General Fund from $32,740,000 to $32,858,040 and the total budget , from $148,,065,322 0 to $1480183,332 . This was to be used for the addition of 6 fire fi hternEM3 pease of . Thr 00 h Individuals would be hired in January g / positions. Three Cott seconded the motion. xY and three in July of 1995. I Council Member Miller stated that this amendment was Ilk not involved with the number or location of fire stations. He supported the idea of a committee to discuss the location and number of fire stations along with other important CIP issues. His motion dealt with fire department staffing. Based on data Cour^11 received over the months, he was convinced that Denton had an immediate and serious problem which should not wait for further study. The Chief's original recommendation submitted to Council on July 29, 1994 contained a request for 6 fire fighter/EMS personnel cost of $227,181. That req►:est did not make the cut but was included in Manager the proposed budget document. Last week the City provided information to the Council which indicated u modification of the cost based on hiring three personnel in Janu ara and three in July. Based on that information, the net cost would Act ApendaNa City of Denton city Council Minutes Ageadal September 131 1994 Page i8 Date ("F I, 9 lfl~ ~a be $118,000 by coordinating the additions with the retirement of a battalion chief. Miller referrad to a memorandum from the City Manager which stated thi.t if the Council authorized an increase in manpower as part of the budget, no manning changes could occur before July 1995. The delay would provide the Fire Chief sufficient time to have a thorough dialog with his staff and present to the City Council a suggestion as to the best deployment of the additional manpower. Miller presented a chart indicating the ten year history of EMS calls. In 1983 there were 2,284 EMS calls while in 1993 there were 3,405 EMS calls or an increase of 88.51. i In 1983 there were 87 fire fighter/ EMS personnel and in 1993 there were 91 which was an increase of 4 personnel. The number of fire stations had increased from 4 to 5 stations. The land mass of the ' City was 39.9 square miles in 1983 and currently was 54.8 miles i which was an increase of 14.9 square miles. He had asked the Chief what that did to the demands on the Fire Department and the Chief indicated that with EMS there was not much of an effect. It did make a tremendous affect on the fire calls as it spread the resources that much thinner. Killer referred to a memorandum from the Fire Chief which stated that the increasing EMS work load was not only placing a strain on the department's ability to deliver EMS but also reduced the ability to respond to fire alarms. EMS responses required that both an engine and media unit respond with a minimum of five personnel. Two simultaneous EMS calla would a require a total of ten personnel which would reduce available ! personnel on the shift to twelve. Departmental safety standards l required a minimum of fourteen personnel to safely combat an average structure fire. Therefore, it was not possible for the department to adequately respond to two medical calls and a working w; structure fire at the same time. During periods of peak demand, such a scenario was not that uncommon. This amendment would take +G; $118,000 from the fire reserve fund leaving $75,000 in the fund. The money was there for the fire fighters as was the need. Council Member smith stated that in 1986 the ratio of fire fighters to citizens was 740.78 citizens per fire fighter. In 1994 the ratio was 740.11 citizens per fire fightor. According to those statistics, there was no increase or decrease in the need for fire fighters per citizen. The City might have increased in land mass but the ratio of fire fighters to citizens had remained almost identical over that period of time. Mayor Castleberry stated that in the past few days it had been noted that some of the rural communities which Denton now served might enter into a contract with a private ambulance service. If that happ,aned, the City would lose thosc• communities after this year's budget. That might also reduce the area of fire calls which the City served. After the budget process, he felt the Council I N awwv. i• ;I AgwdaNo City of Denton City Council Minutes September 11, 1994 Agenda! Page 19 eta- ~ ~q o ax should look into a committee to discuss this item. If the city were not serving those areas, it did not want to be overstaffed in k r} the Fire Department. Council Member Cott asked if the Council broke even on out-of-town calls. City Manager Harrell stated that on a per L;apita basis, tha smaller VZ- cities were paying less than a Denton citizen was paying for EMS service. The Council had started a three year program to equal r ~ V. those payments. Mayor Pro Tom Brock felt that it would not be possible to be Y 1 , overstaffed in the Fire Department. The number of fire fighters per population, in terms of EMS calls, did not deal with a number of residents. There were many out-of-town students and individuals who used the interstate highway who might not pay the fee for ; 3 t, dmbulance service. The Fire Department was all white, all male and w that could not changed unless personnel were added. If the amendment were approved, she urged that Council and staff strive to add protected class representatives. She indicated that she y supported the amendment. Council Member Perry stated that the equipment in the fire "o department had been updated and improved for both ambulan., fire. 9'here had also been an effort made to make a quicker response through the OPTICOM system and the new dispatch system. Mike Gregory stated that last week the Council heard from a number y, of citizens promoting additional fire fighters. The money was available without altering the budget as it could be taken from the reserve fund. Thm need was there as the shown Coon it v ted tolls hireand8 increased people to serve. ` In 1991 additional fire fighters i.at they were never hired. The honey was j there and he urged the Council to provide the basic services that a city was supposed to provide, one of which was fire protection. Mayor Castleberry indicated that he had a speaker card from krleen y Morrison who felt there was a need for more fire fighters. Council Herber Miller felt that Council Member Perry's comment was well taken regarding the efficient work of the fire fighters. Fire tightens vera used for fires as well as for EMS services. The need was there and the fund could be used which was set up for this hw purpose. He had received a call frog a fire fighter who was very discouraged regarding the Department. The amendment was dealing with a mininal addition. if the dollars werA not put into the budget, it could not be done. v I I l -AYI G i Cit 1 Denton City Council Minutes ~A*alte#! Sept-wober 13, 1994 Page 20 AgaaQ3 tz r)A C) Eddie Woodruff stated that the department was short handed 15 years ago and it was still short handed. The last two years were the best in terms of dollars for the City to make up the shortage up in the number of fire fighters. The City had the ability to make a move now to make up that shortage. on roll vote of Council Member Miller's amendment, Brock "aye", Cott, "aye", Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "nay". Notion failed with a 3-4 vote. E Mayor Pro Tom Brock motioned to amend the br.dget to add three fire fighters in July and transfer the cost from the fire reserve fund. k Cott seconded the motion. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-4 vote. On roll vote of the main motion, Brock "aye", Cott, "nay", Miller i "aye", Smith "aye", Chew "aye", Perry "aye', and Mayor Castleberry "aye". Motion carried with a 6-1 dote. i Council Member Smith stated that as it appeared that the issue had i been settled at least for this year, the Council present a united front both in the newspaper and to the general public on supporting the policy of the City of Denton. Council Membor Miller stated that the policy was not decided until the Council votod as it just did. The Council had proposals from the Fire Chief all the way through the process. Was Council Member Smith indicating that if citizens expressed a problem and if he felt it was a severe problem, he should not express an opinion on the issue. Council Member Smith felt that if the Council did not agree with an individual, then there was the need to not make a remark which might indicate a disparaging ;omment regrading someone else. In the case of a voky vital disagreement, it did not hurt to remind the Council that once the policy was set, that the Council should support it. It was fine if the Council individually disagreed but a Council Member should never cast dispersions on the rest of the council. Mayor Pro Tom Brock felt this was the best example to televise the council meetings. Citizens knew the Council's positions and the issues involved. r-. ~ h I/. x 1 1 IV A9fy • lgenaaluo City of Denton City Council Minutes AAandaJ* September 13, 1994 Page 21 -Agan dub IIoate E. The Council considered adoption of an the ad valorem tax of the City Of Denton, Texas ordinance levying property within the nor for the year 1994, lanuary 1, 19940 not exempt by haw. porat.\ limits of the City on Of current munici al , providing revenues p e for outstanding city of Denton bonds~d for interesfor exemtion t and sinking fundeon of certain homesteads; providing forvenP r ement mof col lectionep and providing for a severability clause. Kathy DuBOs@, Acting Executive Director for Finance, stated that there were several blanks in the ordinance. The numbers for those jf blanks were: property rate $.5609 cents I was a 25'4 reduction from the prior , year rate siam00 ount lofttax toibe i was assessed or general fund maintenance and operation expenditures service was per $100 valuation; the assessed value for debt l $•455 cants per $100 valuation. f The following ordinance was considered: NO. 94-161 AN ORDINANCE LEVYING THE, TEXAS, FOR THE YEAR 1994, ON ALL TAXABLE PROPERTY WITHIN T I CORPORATE D LIMITS OF THE CITY ON JANUARY It 19940 NOT EX I EXPENR FOR PAYMENT EICMPT I BY LAW1 OF CENT ES, AND FOR INTEREST AND SINKING FUND OOUTSTANDING j CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF 1 CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN f EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance, on roll MOtep Brock "aye", Cott, "aye", Miller "a e" u unanimouslyy "a.,,-a", and Mayor Castleberry „ '"Smith aye", Chew i aye Motion carried F- The Council considered adoption of an ordinance amending the schedule of electric rates. City Manager Harrell stated that staff had been over Of the ordinances regarding rates. Ordinances F,G H l and Jlwere ' Implementing items of various aspects of the budget, Joe Dodd stated that there hid been $4 million in overcharges of the utilities. He did not know what happened to that money because the City was raising rates, The property rate was lowered but his appraisal went up as did the sales tax and utilities. He felt he broke even which was the best he had ever done. 4 t I City of Denton City Council Minutes September 13, 1994 gendaNo Page 22 Igeod31t6 late The following ordinance was considereds did NO. 94-162 AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED 4 IN ORDINANCES 94-098 AND 93-160; AMENDING THE M°.iHODOLOGY FOR REVISING THE ENERGY COST ADJUSTMENT (ECA) RATE; ADDING A POWER ' COST ADJUSTMENT (PCA) RATE SCHEDULE; PROVIDING FOR. A I SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. f Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Hiller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ' G. The Council considered adoption of an ordinance amending ' the schedule of rates for water service. The following ordinance was considered: NO. 94-163 AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER SERVICE/ !i COMBINING THE RESIDENTIAL (WR) SCHEDULE LAND RESIDENTIAL NOT ' CONNECTED TO SEWER (WRN) SCHEDULE INTO THE WR SCHEDULE; COMBINING THE REGULAR COKKERCIAL/ INDUSTRIAL DRNTON WATER COMMERCIAL/ INDUSTRIAL TO USERS W7THOUT CITY OF SERVICE (WCH) SCHEDULE INTO THE WC SCHEDULE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, smith seconded to adopt the ordinance. On roll Chow maays", Brock "aye", and Mayor Castleberry "aye". Motion ecarried unanimously. H. The Council considered adoption of an ordinance amending the schedule of rates for wastewater service. { The following ordinance was considered: NO. 94-164 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF RATES FOR WASTEWATER SERVICE; COMBINING THE i RESIDENTIAL RATE SCHEDULE (SR) AND RESIDENTIAL WITHOUT WATER SERvICL RATE SCHEDULE ;SRN) INTO THE SF SCHEDULE; COMBINING THE REGULAR COMMERCIAL RATE SCHEDULE (SC) AND COMMERCIAL/INDUSTRIAL WITHOUT WATER SERVICE RATE SCHEDULE { i ~Z 1 rv i City of Denton City Council Minutes +Q6nd8NC - September 13, 1994 Agendalf Page 23 WIe j c~3 © o (SCN) INTO THE SC SCHEDULE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ` II I. The Council considered adoption of an ordinance amending rates for residential and commercial sanitation collection services i as authorised by Chapter 24 of the Code of Ordinances of the City of Denton; and amending the rates charged for the use of the Cityfs sanitary landfill. { The following ordinance was considered: { NO. 94-165 AN ORDINANCE OF THE CITY OF DENTON AMENDING SOLID WASTE RATES FOR RESIDENTIAL, COMMERCIAL AND RECYCLING COLLECTION SERVICES, AS AUTHORIZED BY CHAP'T'ER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, ESTABLISHING A CHARGE FOR RELOCATION OF COMMERCIAL CONTAINERS; ADDING A COMMERCIAL CHARGE FOR SAME DAY OPEN TOP DEMAND RESPONSE SERVICE; ESTABLISHING CHARGES FOR LOCKS AND CHAINS; AMENDING THE CHARGES FOR USE OF THE LANDFILL; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered an ordinance establishing a street rental fee to be transferred from the slactric fund revenues to the general fund of the City. The following ordinance was considered: NO. 994.166 AN ORDNANCE ESTABLISHING A STREET RENTAL FEE, TO BE TRANSFERRED FROM THE ELECTRIC FUND REVENUES TO THE GENERAL FUND OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. . geodaNo ` City of Denton City Council Minutes September 13, 1994 +q~ndalt® I Page 24 `aft y K. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Department of Transportation for funding of alternative fuels. Jack Jarvis, Fleet Superintendent, state thac the City had been in the alternate fuel business for several years and there were several vehicles operating on propane. The proposed agreement with the Transportation Department was a grant to fund a program to e convert 15 vehicles to compressed natural gas. This was a clean burning fuel which was important as Denton was in non-attainment araa. This was a three year program, and if successful, the City woold have the option to convert other vehicles during the next few years. r i The following ordinance was considered% NO. 94-167 i r> AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND WHE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF ALTERNATIVE FUELS= AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew ways", Perry "ay"", and Mayor Castleberry "ay%". Motion carried unanimously. 90 Resolutions A. The Council considered approval of a resolution approving the 1995-99 Capital Improvement Program for the City of Denton, Texas. City Manager Harrell stated that this was part of the 1994-95 city budget and staff had had prior discussions with the Council regarding the Program, Council Member Cott asked if there was going to be a committee in conjunction with this CIP. City Manager Harrell stated that Cc.;lnoil Member Smith had suggested appointing a such committee. "k The following resolution was considered: i /Y4-f • ~q~daNo ~ ~ City of Denton City Council Minutes September 13, 1994 AgAndal! Page 25 A5 NO. R94-051 ' A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY i THE PLANNING AND ZONING COMMISSION; AND PROVIDING FOR AN - EFFECTIVE DATE. Cott motioned, Smith seconded to approve the resolution. On roll s, vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew it "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered nominating a voting and alternate ' voting delegate to the National League of Cities Annual Congress of Cities Conference. City Manager Harrell stated that this was a yearly item for the Council to officially appoint a voting delegate to represent the City of Denton at tho National League of Cities Conference. Council Member Smith nominated Mayor Pro Tam Brock as voting delegate. " Council Member Chew nominated Council Member Perry as alternate voting delegate. L On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", i Chew "aye", Perry "ay*", and Mayor Castleberry "aye". Motion carried unanimously. 11. The Council considered a motion to approve the Chairs of the Board of Adjustment and the sign Board of Appeals. This item was pulled from consideration. I 12. Vision Update Mayor Pro Tom Brock stated that the Vision groups, had been meeting frequently in preparation for the final report for public presentation. Those presentations would be on the first three Thursdays in October at Ryan High school. F { 13. Miscellaneous matters from the City Manager. Council considered the Work Session items. 3. The Council held a discussion and gave staff direction regarding solioitation from the roadway. • i w I City of Denton city council minutes QendaNo f September 13, 1994 QenOal Page 26 Ali U C) F ' Alan Hempstead stated that there had never been any documented problems with solioitatiou from the roadway. Numerous individuals had expressed an interest as to why Denton was not participating. Over 200 fire departments participated in the project. Individuals doing car washes were not obeying the ordinance. The lire fighters were the only ones being prohibited from soliuiting from the I roadways. Ken Gold stated that this issue had been disci;ssed several times but there was a minority on the Council determined to keep the E ro j issue off the agenda. There was a way to study the issue and look r at it in a variety of ways. Mayor Castleberry stated that there were speaker cards in support ' of the issue: Melissa Biller, Jane Williford, Judi Erickson, and Brian Glenn. Mayor Pro Tom Brock motioned to W roct staff to prepare an 10~yti,> _ ordinance as per the draft shown in Attaohment 3, Alternative 1 which included the :_suranre requirement in the backup materials r r^I with the following changes: (1) Section 25.5.1(a) add the wording vj~ "or his/her designee"I change the wording on 16 to "an affidavit f signed by the applicant"1 change Section F. wording to "an applicant shall be allowed no more than 2 permits'; change Section JJ, ' G. wording to "activities shall be permitted only during daylight 'f hours"! and regarding the insurance policy, she asked staff to look at similar ordinances and make a recommendation of what to include. she was making this notion so that it would allow for a public hearing on this subject. Chew seconded the motion. City Attorney Drayovitch stated that some of the provisions on the draft ordinance had been declared unconstitutional by various federal courts and some. by the Supreme Court. She would like to know if Council wanted her to update her research and present it with the draft of the ordinance or do the research first. s; 5 p . Mayor Pro Ton Brock suggorted presenting the update at the same r` time as the public hearing. Council Member Miller suggested preparing an alternate ordinance which would met the constitutional issues and the Council could then decide on which ordinance to consider. j Brook accepted that in her motion and Chow accepted it in his second, On roll vote, Brock "aye", Cott, "eye", Miller "aye", smith "aye", Chow "aye", Party "nay", and Mayor Castleberry "nay", {IAA.,. . I~ Motion carried with a 5-2 vote. . ry 7;14 i0q,N ~~S r'N F Q geadaNo. Counoil Minutes ad~CalSs ' City or Denton city September 13, 1994 a1, - Page 27 The council considered Work Session Item 04. 4. The Council received a report concerning Caunail Committee .i ~ A!liliations. il submit their Mayor Castleberry suggested that CounoShe would compile & list End for committees to the City Secretrry. put it in the agenda backup for Council consideration. I Consensus of the Council was to proceed with Mayor Castleberry's I suggestion. Dint rs.e Council of the j 3 B, City Manager Harrell remir.dcd DISD meting at the Denton Municipal Co+.pisx. Department kould be doing smoke testing of C, The Utility Dep week. They would be looking the sanitary sewer lines during the for leaks in the lines in the northern part of City. open House for the Denton Municipal Complex was Sunday, Do November 13. Thera was no official action taken on Executive Session items discuseed during the work Session. 15. Now Bu3iness ! New Business were suggested by Council ~ Items o vi ` The foilo ng members for future agendas) i Council Member Smith stated that there as a need to work 1 At on the Council's Adopt-A-Spot. Consensus of Council was to neat on September 26 at 5100 p.m. a list of future agenda submitted . Brock Ma or Pro Tom human Y for funding s s e items) (1) work on Policies and guidelines services agencies both Block Grant monies and General _ cable operations; h study alternative ways to finance methods of Plano Fort Worth, `4) especially considering the s safety" discuss the policies of the City' " lights, establishing it "511" line or other trouble-shootinggnumber, (5) coma ' for t formation of a citic architectural attending meets gs otoo f Boardsiof ~i buildings, and (d) council Members Regents of UNT and TWU. C, Council Member miller suggested the formation of a committee to study the Lalor fund distribution. , 1~ 77 v ~ I i Ik City of Denton City Council Minutes September 13, 1994 Page 28 ~QAA twa 16. There was no Executive Session held during the Regular Session ti { With no further business, the meeting was adjourned 10:00 p.m. err BOB CASTLEBERRY0 MAYOR ~.t CITY OF DENTON, TEXAS "So " JENNIFER WALTERS C tV SECRETARY CITY OF DENTON, TEXAS s AC000206 I r, F r Y r r~'~j r f~rk C~ y r ~ e a ~In .r fa rr - ~ sq ,l t' 'w x ,.1 .:,...e .m .na,... n.. ..l. .,.iYt .W.n vv, _.a.nnw.m.. h70Y i ~ertCaNo ~4~~0 ~CITY OF DENTON CITY COUNCIL MINUTFS a C SEPTEMBER 14, 1994e ~8 9 I The Council convened into a. joint session with the Denton Independent School District Hoard of Directors on September 14, 1994 at the Vision Room in the Denton Municipal Complex. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members V Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. - The Council received a presentation and held a discussion regarding the Juvenile Diversion Task Force recommendations. l Harlan Jefferson, Treasurer, presented an overview of the Task E Force recommendations and an update on some changes in those I ar' I recommendations. The recommendations were (1) establish a Teen Court for first time offenders, (2) establish a counselling r f with Youth and Family Counseling Services and (3) esablish as ;rr`r coalition to improve communic.~~;ton between al).agenoies involved in the program. Updated recommendations included (1) changing from the Youth and Family Counseling Services to programs offered by UNIT and TWU which would be less expensive than the original program) (2) Council had approved 2/3's of the funding and the DISD was scheduled to consider funding on September 27th; (3) not-for-profit organizations which were to be involved included the Bar Association which would supply judges for the program, the Boy Scouts, the United Way for possible grants in 1995 and the County of Denton. The County Judge had offered to put the item on an agenda for discussion; (4) KNTU would be featuring the program on an upcoming talk show. Steps to proceed with the program included (1) establishing a Teen Court Board and the Board select a part- time coordinator. The Board would monitor the growth of the Court and would have eight members - two from each of the sponsors; (2) establish the coalition with approximately nine members- three from J J +r the County, the City and the DISD with an ex-officio member to be included. 2. Thi council received an education update. Dr. Albert Thomas, Superintendent of Schools, stated that the 7 current enrollment figures were 11,911 with 1,691 students at Ryan 7 High School'. and 1,231 students at West. The DISD was in the process of restructuring job responsibilities and would be holding a joint meeting with the Government Relations Committee of the Chambrr of Commerce. He indicated that the West Campus renovation would soon be completed. There seemed to be much growth in the District with 2 major subdivisions being built - one in the city r r`r` limits and one outside the city limits. ,',~4~`~~`~.5 3. Presentation of the Cityfs long range space plan and tour of the Denton Municipal Complex. M r, yh v t + vii •I ,sb , j11[p..nv... City of Denton City Council Minutes AQe~daNo September 14, 1994 AQblId31 Page 2 Mayor Castleberry indicated that November 13 would b1 e~ Open house for the Denton Municipal complex. the of'lcial Bruce Kennington, Facilities Manager, space plan :or the city. presented the long range Several years ago the City did a space study and developed a three phase plan, (1) move the Police Department and Municipal court to the Denton municipal complex, move information cervices and Human (2) Resources to the Denton Kunicipal Complex, and (3) renovate the old Police Building for a development center to include Engineering, Planning and Building Inspections. Following that, the current City Hall would be renovated. s ' With no. 'further business, the Council and the DI participated in a tour of the Denton Municipal Complex. SD Board it 1 BOB CAS.LEBERRY, MAYOR CITY OF DENTON ;,:•i • o TEXAS ~ JENNIFER ALTERS ' CITY SECRETARY CITY OF DENTON, TEXAS R ACCO0228 i A9andaNo~C`"-'~ CITY OF DENTON CITY COUNCIL MINUTE September 20, 1994 S49aodalta The council convened into the Executive Sessionse o -It - n Tuesdd y September 20, 1994 at 5:15 p.m. in the Civil Defense Room. 2~>y Q vob PRESFNT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members r7 Chew, Perry, Miller and Smith. AWENTS Council Member Cott 1. The Council discussed the following in Executive Sessions A. Legal Matters Under TEX. GOVT CODE Sea. 551.071 1. Considered action in Sor. et al. v City of D 2. Considered action in Iwuchukwu v ci y et al B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Considered selection of part-time Municipal Judge. The council convened into the Work Session on Tuesday, September 200 IS94 at 600 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Perry, Miller and Smith. ABSENT: Council Member Cott 1. The Council received a report, held a discussion and gave staff direction regarding the establishment of a movie ordinance. Linda Ratliff, Economic Development Coordinator, stated that in working with the film companies, more often than not their shooting schedules changed very often. Originally, staff had developed a movie policy but since there was already a street closing ordinance, the policy was changed to amend that ordinance. The film business had increased lately in Denton with four films in 5une and July. In August a commercial was filmed on the Square and currently there was filming the Fairgrounds. Four of the films needed some type of traffic control and staff worked with police officers to temporarily close the street for the filming. Some companies did not have time to work with the council to close the necessary streets. The current street closing procedure was to prov.lde a barricade plan, coordinate safety with the police department and obtain signatures of the affected property owners. Then formal approval was necessary from the Council. The proposed ordinance would still require the first three items but instead of receiving Council approval, the request would be forwarded to the City Manager's office for approval. The city Manager would notify Council of the request. If a Council Member had a concern with the request, it would be placed on the next Cou,.vil agenda. If there k Ili 1 f, City of Denton city council Minutes Y September 20, 1994 4QenOaMo d Page A~oaGal Date were no concerns, the film company could be granted permission to II close the street. It was felt that this would allow som % z flexibility for the film companies. The proposal would request the film companies to apply for a permit but there would be no fee for the permit. The film company would be required to have liability insurance and the Citl Manager would be able to deny the request with the film company having the right to appeal to the Council. A Task Force had worked on this proposal for several years. Mayor Castleberry indicated that he had received a letter from the State, complimenting Denton on its cooperative effort in working with the film companies. f~ { t Council Member Perry questioned there being no fee associated with this permit. City personnel would be using their time to process this permit. Ritiiff stated that staff currently provided all the services with no charge and they did not want to discourage the film companies with an additional charge. No other area cities had a fee for i their permits. Council Member Perry stated that this was thought of as a service f. of economic development. t Ratliff replied correct. . Council Member Smith stated that she was in favor of the pplan. She suggested that staff look at some sort of policy for neighlwrhood street nlosings ns the Council did not really need to provide that p: permissf oii. Council Member Miller felt this was a good economic tool in order 1 to be competitive Li the market place. I Perry motioned, Smith seconded to direct staff to prepare an appropriate ordinance. on roll vote, Brock "aye", Miller "aye", s Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The Council received a report, held a discussion and gave ~i staff direction regarding amending the City Council's Rules of Procedures. w City Attorney Drayovitch stated that in the agenda backup, council was provided with a copy of an ordinance which revised the current y rules of procedure as noted in the Councils planning session. There was a major change to section 4.3 which substantially changed the procedures in the work session regarding citizen participation in those sessions. A change to section 6.3 clarified the procedure to be followed when a Council Member requested staff to pre,-)are for i r , .r . i w I City of Denton 1:ity Council Minates a i September 20, 1E194 Agendaft Page 3 Apeodalle ~ Oate_ ~ FO and the Council deliberate upon an agenda item. Recon r t on was changed to provide that a motion for reconsideration may be made by one who voted with the prevailing side rather than the majority side. It also placed a six month limitation on an item wh ch had been rejected upon reconsideration of which was not timely reconsidered. Suspension of the rules provision was addressed twice in the rules, at Section 2.13 and Section 10.1. Those provisions were basically the same that the Council could temporarily suspend the rules upon a majority vote or n vote of four members of the Council. She recommended that Artio.e 10.1 be struck as it was a duplicate. The provision for a tie vote stated that the item would ba automaticall the full council would be y placed on the next agenda when present. This item was on the regular agenda for Council consideration as the Councilfs rules indicated that when the rules were amended, the amendment must be introduced at a u9eting before voted on. council member Perry suggested amending Section 2.131 Suspension of the Rules, so that instead of requiring an affirmative vote of four members, an affirmative of five members would be required. That would make it a bit more difficult to suspend the rules but would i still be reasonable. He felt that the suspension of rules should require the approval of a greater number of the Council. He also suggested striking the repeated section from the rules. iI Council Member Perry motioned to amend Section 2.13 of the rules to strike "four" and insert "five" and to delete the repetition of suspension of rules and to change the ordinance as presented. Mayor Pro Ten Brock felt that those were two different changos. City Attorney Drayovitch stated that they were two different changes but involved the same oubject. She felt it was in order to ^nnsider them Either separate or in the same motion. Aayor Pro Tom Brock stated that a member might want to vote differently on each portion of the motion. Council Member smith stated that Section 2.14, Amendment of Rules, requires: four members in an affirmative action. Would Council Member Perry suggest changing that to five also. Council Member Perry stated that he had not considered that j particular section. Perry motioned to amend Section 2.13 of the rules to strike "four" and substitute "five" members of the Council. Motion died for lack of a second. Brock motioned, Smith seconded to change the ordinance to have all pronouns in the ordinance reflect the male and female gender. ra r. AgandaNo City of Denton City Council Minutes Agenda September 20, 1994 1 Page 4 118 Mayor Castleberry suggested including that change with any other changes suggested for the ordinance. Mayor Pro Ten Brock suggested adding to Section 3.3 D that audiences should not to applaud during a Council meeting. Council Member Miller asked if the rule regarding reconsideration and not bringing an item back for six months applied to work sessions and regular sessions. If action were taken during a work session, did that preclude the item from returning to an agenda for six months. City Attorney Drayovitch stated that for many years, the Council did not take any final action in the work sessions. Because, on occasion, final action was taken in a work session, a sentence was added to section 4.3 which indicated that the work sessions were informational and normally no final action would be taken unless a posted agenda indicated otherwise. There were times when the council took action and directed staff in a particular manner and i at those times, the item would not come back and the reconsideratioa would apply to that item. Council Member Miller stated that work sessions were becoming like regular sessions of the Council. It was his understanding that the purpose of a work session was to consider items informally but would not preclude the continuation of discussion of an item. With this formality, if action were taken in the work session, the item would be precluded for 6 months. Regarding a tic vote, he suggested Council consider that if there were a tie vote, the item be returned at the next meeting with a full council Council Member Chew agreed with Council Member Miller and felt that there was a nisd to add that into the ordinance. Whenever there was a tie vote, the item would be placed on tho next agenda when there would be a full council whether that be a work session or a regular session. Council Member Perry, felt that that type of automatic kind of procedura removed the Council from persuasion and consensus and ' introduced a procedure which would not allow the Council to act as a Council. He felt it took the Council out of the action and he was not in favor of substituting an automatic procedure for current actions. Mayor Pro Tom Brock stated that the Council would be adopting an automatic procedure when an item could not be reconuidered for six months. That was a similar circumstance. i Council Member Chew suggested dvlating Section 10.1 from the rules as it was the same as Section 2.13. IMP J i , q4 ~-co _ City of Denton City Council Minutes apAadak0 September 20, 1994 ADendaliA - Page 5 Date ` a l could ci could ` Mayor Pro Tem Brock stated that in section 2.4, the ounc punish its own members for misconduct. She questioned the definition of misconduct. r• tleberry stated that he assumed the definition would be Mayoanyr r Cas Cas conduct which would be unbecoming of a council Member. Miller motioned, Chew seconded to direct staff to prepare an ,a ordinance for Council consideration at the next meeting. t Hiller motioned, Brock seconded to amend the motion that matters voted on by the Council which ended in a tie vote would automatically be brought back before the Council for action at the r . FF next meeting where the full council would be present. if there were not a full council at the next meeting, the item would carry over to the next meeting. on roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Vn'f'✓: 1ep 1 Perry "nay", and mayor Castleberry "aye". Notion carried with a 5- i vote. Chew motioned, smith seconded to delete Section 10.1 from the ordinance. on ye", roc vote# Ba dkMayor Castleberry a"ays"o Motion Chew "aye", Perry a f carried unanimously. members for five for the 3 lack of substitute Perry motioned Mto amend otion died Section second. four members. Brock motioned, Smith seconded to change all personal pronouns to be gender inclusive. on roll vote, Brock "aye", Miller "aye","Smith "ays", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Notion carried unanimously. A,~ + • Smith motioned, Chew seconded to include applause as a form of 3 inappropriate behavior by the audieM ce.on roll vote, Br and "aye", MaMiller "ays", Smith "a a". Chew aye" , Perry "aye" , Mayor Castleberry "aye". Motion carried unanimously. ''`i 3. The Council received a rapart, held a discussion and gave staff direction regarding the appointment of a committee to review the Hotel/Hotel occupancy Tax contracts. ~w, ,y. Harlan Jefferson, Treasurer, stated this past cpring the Council had renegotiated all contracts with agencies receiving Lalor funds and extended the contracts with the Denton Chamber of Commerce and the North Texas Pair Association so that all contracts would expire at saes .ime on March It 1995. A second step was to establish a subcommittee which would meet with the agenc.les to renegotiate the contracts. The recommended process was one similar to the one used 1 nF during the 1989.90 time frame whea the current contracts were ,Tani ' I 1 I 1. City of Denton City Council Minutes gpAadaNO r~~'~t~ September 20, 1994 a G Page 6 aQOt DateiC I d iLCJ renegotiated. At that time, two council members were appointed to a subcommittee and were assisted by the City Attorney and the Executive Director for Finance, it was recommended to fors, a similar subcommittee to be assisted by the City Attorney and the Treasurer. The subcommittee would meet and develop revisions to t. the contracts as well as any appropriate now contracts and submitting their recommendations to the•full Council.. Council Member Miller suggested having an odd number of individuals on the committee so as not to have a problem with a tie vote during deliberation. He suggested a minimum of three council members on the committee. ' Council Member Chew agreed that there should be at least three 51, f 1 members from the Council as Council made important decisions based ayr+ on the committeets recommendations. !'L N fl Y Council Member Smith agreed with three council members due to the t~:yLx difficult decisions made regarding the contracts. e Consensus of the Council was to have three council members and two staff moulArs on the committee. t Council Member Chew suggested having Mayor Pro Ten Brock, Mayor Castleberry and Council Member Perry on the committee. on roll vote, Brock "r,ie", Miller mays", Smith "aye", Chew "aye", Berry mays", 'and Mayor Castleberry "aye". Motion carried unanimously, 4. The Council considered Council Committee Affiliations. Due to a time constraint, this item was considered during the Regular Session under Miscellaaeous Matters from the City Manager. The Council convened into the Regular Meeting gn Tuesday, September 20, 1994 at 9s00 p.ms in the Council Chambers. a;;s PRESENTs Mayor Castleberry] Mayor Pro Tea Brock) Council Members x;y 4F, Chew, Perry, Miller and Smith. ABSENTS Council Member Cott j 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of R, Allegiance. tir 2. The Council considered approval of the minutes of July 19, July 21, and July 26, 1994. I j (fy~ l z , .eY. , Mai uN Ws City of Denton city council Minutes 'b0+►ddMO ` September 20, 1994 '4G611d8lj9 Page 7 DNS Perry motioned, Smith seconded to approve the minutes as presented. i On roll vote, Sad k Mayor Castleberry"*"aSmit ye"h waye"t wcarried Miller l Perry "aye , ! i unanimously. the following Proclamations: presented . Mayor Castleberry 5 I Rehabilitation Week I National Adult Day Care Center Week Mayor Castleberry presented Yard of the Month Awards to the followings David and Virginia Thetford H. C. Westmoreland, Jr. Law Offices of Joanne Shipley ti M and Sue Maglaughlin Rob and Marilyn Gentry council considered item 05. i 61 The Council received a presentation by the Texas Water , Utilities Association-North Texas District recognizing City of Denton employees who participated in their activities. I Roy Simpson, Texas water Utilities Association-North Texas i District, stated that the City of Denton employees had presented an outstanding program for their organization. He presented a plaque " to John Hudson for perfect attendance at their meetings and to Alberto Lopez as past president. Council considered Item 012. " 12. The Council took the follr,+ing official action on Executive Session Items discussed during Via Work Session Executive Session: Smith motioned, Perr seconded to offer the position of permanent part-time :eunicipal judge to Debra Drayovitch. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chow "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council returned to the regular agenda order. 3. Citizen Requests A. The Council considered an exception to the noise ordinance for a rodeo at the North Texas Fairgrounds on September 25, 1995 from 2:00 pam. - 6:00 p.m. Veronica Oglesby, Administrative Assistant, stated that an exception to the noise ordinance was requested for a rodeo and fi low- ar ndaNo. _f City of Denton City Council Minutes 'Be September 20, 1994 ~gandalta_ i Page 6 Date3~ a 4 tt entertainment to be held on Sunday, September 25, 1994 from 2soo f p.m. to 6:00 p.m. The noise ordinance stated that the use of I loudspeakers, amplifiers and musical instruments was a noise f nuisance after 10:00 p.m. and on Sundays. The Council could make exceptions when the public interest was served. There had been an indication to hold approximately ten such rodeos per year but this request was for only September 25th. Council Member Perry asked for background information on DFW Productions. a 4 I' Efren Gonzales, DFW Productions, indicated that last year DFW Productions started holding rodeo events in Dallas and Fort Worth. Their interest in Denton was due to the growing Hispanic population. They brought entertainers from Mexico to perform a Mexican rodeo event. Council Member Perry stated the noise from the Fairgrounds was a r source of aggravation to those who lived near the Fairgrounds. He asked Gonzales what he intended to do with the loudspeakers. Gonzales stated that they would try to keep the noise down.as much i as possible. They could switch the sound of the loudspeakers so as to not face the homes. Council Member Perry asked if the loudspeakers would be used with the rodeo or other speakers. Gonzales stated that it would be the sound equipment associated with a band. x`,,. Brock motioned, Chew seconded to approve the exception. on roll vote, Brock ways", Miller "aye", Smith "aye", chow "aye", Perry "nayw, and Mayor Castleberry "aye". Motion carried with a 5-1 i' vote. B. The Council considered approval of a resolution closing „y• Rolling Hills Circle between is Rolling Hilla to 29 Rolling Hills on Saturday, October 29, 1994 from 5:00 p.m. - 10:00 p.m. for a street dance sponsored by the Forrestridge Home owners' Association. Veronica Oglesby, Administrative Assistant, stated that the request was to temporarily close Rolling Hills Circle for a block party. The closure was necessary for the safety of the participants. y^ , The following resolution was considered: t too l City of Denton City Council Minutes September 20, 1994 Page 9 AQendaNo AQondaft eta 4 ' NO. R94-052 -t A RESOLUTION TEMPORARILY CLOSING ROLLING HILLS CIRCLE FROM 18 a ROLLING HILLS CIRCLE TO 29 ROLLING HILLS CIRCLE ON SATURDAY, OCTOBER 29, 19941 AND PROVIDING AN EFFECTIVE DATE. Brock motioned, chow seconded to a pprove the resolution. On roll ' t *11' l "aye", oteBrock "aye", Miller "aye", Smith "aye", Chew "aye", Perry and Mayor Castleberry "aye". Motion carried unanimously. C. The council considered approval of a resolution temporarily closing Congress Street between Mounts and Denton j Streets on Friday, October 7, 1994 from 11:30 a.m. to 3:30 p.m. for 3 "Cougar Day" festivities. a Joseph Portugal, Assistant to the City Manager, stated that approval of the resolution would authorize temporary closure of Congress for a Calhoun Middle School event. The following resolution was considered: NO. R94-053 A RESOLUTION TEMPORARILY CEASING CONGRESS STREET BETWEEN ' MOUNTS STREET AND DENTON STREET ON FRIDAY, OCTOBER 71 1994; kep' k z' AND PROVIDING AN EFFECTIVE DATE. Smith motioned Chew seconded to approve the resolution. On roll z, vote# Brock "aye", Miller nays", Smith "aye", Chew "aye", Perry "aye and Mayor Castleberry "aye". Motion carried unanimously. r D. The Council considered approval of a resolution temporarily closing Brooklake West from Thunderbird to Brookhollow for a block party on October 15, 1994, from 4:00 p.m. to 8:00 P.M. I Joseph Portugal, Assistant to the City Manager, stated that this request was to hold a block party in the neighborhood. The following resolution was considered: ` NO. R94-054 A RESOLUTION TEMPORARILY CLOSING BROOKLAKE STREET WEST FROM THUNDERBIRD DRIVE TO BROOKHOLLOW DRIVE ON SATURDAY, OCTOBER 15, 19941 AND PROVIDING AN EFFECTIVE DATE. r't'e yl Chew motioned, Smith seconded to approve the resolution. on roll vote# Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye "t and Mayor Castleberry "aye". Motion carried unanimously. 1 l= I V il'IVk✓Y„s r . l City of Denton City Council Minutes ` September 20, 1994 E Page 10 AOeedaNo ~`7'crt j~_ ApPdal S 4. Citizen Reports Data o~Q A. The Council received a citizen report fr~obs regarding the communities in Schools, Denton County Program. f Ms. Jacobs stated that the program was working with the Northwest Independent School District and the Little Elm Independent School 1 District. The program was funded through the Texas Employment Commission and had received a grant to begin a start-up program. They had received grants for three new campuses next year and were in the planning stages of working with the Denton ISD. Lewisville and Aubrey had also expressed an interest in the program. For 1 every school year they were able to add two new campuses. Judge Darlene Whitten stated that this program was part of the overall solution to a problem with youth. It was anticipated that Communities in School would be able to take referrals from Denton"s Teen Court so as to work with these individuals. The purpose of 1 the program was to prevent young people from dropping out of school and preventing them from becoming first offenders. Linde Monico, Director of instruction at Little Elm ISD, stated f that the program had made a major impact in the district after only { two months of service. B. The Council received a citizen report from Bill Keith regarding the lack of consistency in enforcement of codes in the i City of Denton. Mr. Keith stated that he had been informed by a City official that because he had a vehicle on his property with no inspection sticker or tag that he was in violation of the city code. If he moved that r car to his garage, to his backyard or covered it, he would be in compliance. He responded to the official that if the city would supply a cover for the car, he would do so. On September 13 he was asked by the same official to see his driver's license. Since he was not involved in a moving violation and the official did not have a warrant, he felt that he did not have to comply. The car was not an annoyance to neighbors, was no health problem, and was j no obstruction. He felt this was an invasion of his personal property rights. 6. Public Hearings A. The Council hold a public hearing and considered adoption of an ordinance revising the zoning conditions on .6309 acres of land zoned General Retail-conditioned, to allow a telephone business office, and limit accessory buildings to 400 square feet. The site, at 209 University Drive, was on the north side of University, approximately 300 feet east of Locust Street. (The a .R. Planning and Zoning Commission recommended approval 5-0). A~ V ' City of Denton City Council Minutes September 20, 1994 AA0114SN0 . Page 11 Age0dalt Date Owen Yost, Urban Planner, stated that the tract was on the north side of University Drive near Locust Street and was currently zoned general retail with conditions. The overall zoning of the pro ett would not change but two of the existing conditions would Le changed to allow for a telephone business office and to limit the kfit site of any accessory building to 400 square feet. Before a certificate of occupancy could be issued, a landscaping and r, buffering plan had to be approved. The expanded parking lot was { currently under construction and before it could be used, the landscape plan had to be approved. j The Mayor opened the public hearing. ~ " kr No one spoke in favor. i No one spoke in opposition. The Mayor closed the public hearing. I Mayor Pro Ten Brock asked if this were a new building or a use of 4 t,f?" what was currently there. Ayy.; Yost stated that the current building was being used with one condition that the present house would remain in a residential ' character. , j The following ordinance was considered: NO. 94-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING THAT THE ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63 * ACRES OF LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, APPROXIMATELY 300 FEET EAST OF LOCUST STREET IS AMENDED BY CH\NGING THE CONDITIONS ON SUCH LAND ZONED GENERAL RETAIL WITH COh',t)ITIONS (GR-C) ; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN tr~I: # nT EFFECTIVE DATE. Chew motioned, Brock seconded to adopt the ordinance. on roll vote, Brock "aye", Miller "aye", smith "aye", Chew "aye", Perry "ays", and Mayor Castlererry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance authorizing a Specific Use Permit for a concrete batch plant within Lot iR, Block 1 of the Denton Regional Medical i Center addition. The plant would occupy no more than .75 acres and would be located north of the proposed Colorado Blvd. The 40.138 r.es A,,:re lot was located northwest of Mayhtll Road and northeast of Interstate 35-E. (The Planning and zoning commission recommended approval 6-0). y , y Y 1 1 NMI i City of Denton City Council Minutes ~/t t 040 September 20, 1994 AQendaNo Page 12 Dalel~~ ~ i Owen Yost, Urban Planner, stated that this site 1Q Qo be no more than .75 acres on land currently owned by Denton Regional Medical Center. Current zoning was commercial with conditions and the ' proposal was to allow a concrete batch plant to build Colorado Blvd. The batch plant would be in place for only 2 weeks. The Mayor opened the public hearing. Glenn Midkift stated that he would answer any questions from the council. E No one spoke in opposition. i The Mal-or closed the public hearing. The following ordinance was considered: NO. 94-169 I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A TEMPORARY BATCH PLANT AND CONSTRUCTION SITE, AS SAID PERMIT APPLIES TO NCvr MORE THAN 0.75 ACRES OF LAND OUT t OF A 40.138 ACRE TRACT IDD TIFIED AS LOT 1R, BLOCK It DENTON REGIONAL MEDICAL CENTER Af DITION, SAID SITE BEING LOCATED NORTH OF THE PROPOSED COLORADO BOULEVARD, APPROXIMATELY 11000 FEET NORMEST OF MAYHILL ROAD; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR 1&N EFFECTIVE DATE. Brock motioned, Chew seconded to adopt the ordinance. on roll vote, Brock "ays", Miller "aye", Smith "aye", Chew "aye", perry r " "aye", and Mayor Castleberry "aye". Motion carried unanimously. y ;r"C. The Council held a public hearing with regard to the ;x{ 1 proposed annexation and zoning of a 68 acre tract located north of a Ryan Road and east of Forrestridge Drive. (A-67) Harry Persuad, Senior Planner, stated that on August 16, 1994 p Council adopted an annexation schedule detailing the process of annexation. A service plan was inuluded to extend municipal services to the site and was available in the Planning Department for those interested. Upon the annexation effective date, police and fire services would be available to the annexed area. The pr service plan also set out the policies of the City with regard to extending water and wastewater services to the site. Solid waste collection would be available upon the effective date of the ` annexation as would be street maintenance activities. The City was not required to provide a uniform level of services for all areas of the City. The Local Govornment Code provided that based on considerations of topography, land use and population density, some arc services might be different throughout the City. ..jj i City of Denton City Council Minutes September 20, 1994 Axiom Page 13 At? daft Date . Mayor opened the public hearing. n]~~ lJ Wayne Ryan stated that he would like to keep all of his property I out of the city limits. He did not need the city water and installing it would be very costly for him. He wanted to stay in Ili the count and dfd not want to be annexed into the City. Ray Baker stated that he represented 11 families in the area. Many of the families in the area had lived there for many years and all did not want to be annexed into the City. Over the course of time, the area would not fit the ordinances of the City and this would create a significate hardship on residents to comply with city ordinances and requirements because of the way the property had daveloped. Some of the properties would not be immediately assessable to the services proposed. The neighbors had met on several occasions and there were many question: regarding the proposed annexation. A poll of the 11 families indicated that none of them were iu favor of the annexation. He was not clear on what was the reason for the City to annex this rural area of only it families. Bob Heilig stated that the economic burden caused by this proposed annexation would be significant. Water and sewer would be available and then he would not be able to use his well. He was upset about that kind of a cost to have city water and sewer. Money was going out in the form of City taxes but no services would be received for that money. He had questions regarding road maintenance for the area. The Mayor stated that there were spaaker cards from individuals indicating opposition but who did not wish to speak - Stanley Ratliff, Tamsie Carlson, Karen Baker, David Carlson, Rosemary Ratliff, Wayne and Beverly Stephens. f The Mayor closed the public hearing. i No action was required by the council at this time on this proposal. U. The Council held a public hearing with regard to the proposed annexation and zoning of a 263 acre tract located north of Jim Christal Road and west of Masch Branch Road. (A•66) Harry Persuad, Senior Planner, stated that this annexation schedule and service plan was the same as for the prior annexation. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. i cwn.4 -AUX i City of Denton City Council Minutes September 20, 1994 Page 14 Agenda No Agendaf.,e% ' ~ Date The Mayor closed the public hearing. Q00 No action was required by the Council at this time on this proposal. 7. Consent Agenda ` chow motioned, Smith seconded to approve the Consent Agenda do presented. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chow may*". Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. i jl A. Bids and Purchase orders: i. Bid 11665 - Fiber Optic Components 2. Bid 01667 - Concealable Soft Body Armor 3. Bid 11671 - Library Server 6 Workstations 44 Did 11634 - Cooper Creek Manhole Rehabilitation - Phase II aP 56 RFSP 11657 - Integrated Library System ~a G. RFSP 01600 - High Technology Procurement for + l}. Central Irrigation and Athletic Field Light Control g System 7. P.O. 147637 Municipal Valve i Equipment Co. r l S. P.O. 047800 - American Management System ^ f~" 8 Ordinances Council considered the Consent Agenda Ordinances A.- E. xM, Brock motioned, Chew seconded to adopt Ordinances A.- E. On roll t vote, Brock "aye", Cott, Kaye", Miller "aye", Smith "aye", Chew "sye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A4 NO. 94-170 AN ORDINANCE \CCEPTTNR COMPETITIVE SIDS AND AWARDING A ~ CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE OF FUNDS S'HEREFORE) AND PROVIDING FOR Ah EFFECTIVE DATE. (7.A.1. - Bid 016651 y f 7.A.2. - Bid /?667, 7.A.3. - Bid 11671) :t y°1 j B• NO. 94-171 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE ^ r", ! AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.4. - Bid 01634) C. NO. 94-172 wR..6 J Im- Mwi City of Denton City Council Minutes QgAOd"0 September 20, 1994 Page 15 Ageodalt+ i ~t8 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE] AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.5. -RFSP 016570 7.A.6. -RFS'P 01600) hit fr D. NO. 94-173 s• AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OR MATERIALS, EQUIPMEN'T', SUPPLIES OR ^ SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW ! r EXEMPTING SUCH PURCHASES FRCM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN E?FECTIVE DATE. (7.A.7. - P.O. #47637) E NO. 94-174 J M ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ~r ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW r EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS1 AND PROVIDING AN EFFECTIVE DATE. 7.A.S. ( - P.O. 147800) j F. The council considered introduction of an ordinance I amending ordinance No. 9o-o26 relating to Rules of Procedure for the City Council of the City of Denton, Texas, and repealing Ordinances 93-073, 92-1150 and 90-150. City Attorney DraYovitch stated that pursuant to Section 2.14 of A,~ the Councills current rules of procedures, this ordinance appeared "ea an introduction and would be voted on at the next council Y agenda. At the earlier work session, the Council considered several amendments to the ordinance which inoludedt (1) every reference to a personal pronoun would be changed so as to be gender M.. neutral, (2) Section 3.3D would add applauding to the list of "'audience activities not allowed during the meetings, (3) an 01 j amendment for a tie vote would be placed in section 7.5 indicating that matters voted on by the City Council which resulted in a tie } vote would automatically be placed on each subsequent Council N; meeting agenda until a full council was present, and (4) Section j 10.1 would be deleted from the rules and procedures. t. Perry motioned, Brock seconded to direct staff to prepare an ordinance as per directions. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. erg J i xwtw it j City of Denton City Council Minutes September 20, 1994 AgendaNo Page 16 a p9edaite Date. G. The Council considered adoption of an ordi ance retaining the lawfirm of wolt'e, Clark 5 Henderson to represent the City of Denton in litigation pending against the city. City Attorney Drayovitch stated that staff had previously recommended approval of the ordinance to retain the firm to continue representing the City. { The' following ordinance was considered: NO. 94-175 ~ " AN ORDINANCE OF - THE CITY OF DENTON RETAINING THE LAwFIRH OF FIOLFE, CLAM i HENDERSON TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR= AND PROVIDING AN EFFECTIVE DATE: Smith motioned, Chew seconded 1co adopt the ordinance. On roll vote, Brock "aye", hiller "aye". Smith "ays", chew "aye*, Perry "aysM, and Mayor Castleberry aye". Motion carried unanimously. 9, The Council considered a motion to appoint the Chairs of the Board of Adjustment and the Sign Board of Appeals. Frank Robb ins, Executive Director for Planning and D ` stated eve ~ 1 that o meat Section 10.7 p + of 1 Council would a the City Charter indicated that the the ch the Sign Board otp Appeals wasa ar boa the ! edjustmentiiuCaunoiland as appoint both chairs. woud .:J Brock motioned to appoint Larry Collister as chair of the Board of Adjustment. On roll vote, Brock "aye", Miller "aye*, Smith "aye", ' Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion ` carried unanimously. Brock motioned to appoint Dena Fairfield as chair of the Sign Board of Appeals. On roll vote, Brock "a e" Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry *aye'". Motion carried unanimously. 10. Vision Update Council Member Hiller stated that the impact groups were proceeding vita the meeting presentations at Ryan High School. The impact groups would present their findings to the public at those meetings. He stated that the project needed public support and j input regarding the various issues. 11. Miscellaneous matters from the City Manager. i city of Denton city council Minutes ge,~daNO September 201 1994 { Page 17 Age- It Oate Council considered Work Session Item 14• 4. The Council considered Council Committee Affiliations. Mayor the Indicated Council Membersa back-up materials i listed ' Council Member Chew indicated that he would like to serve on the Municipal Court Committee and be the Public Utilities Board liaison. E w Council Member miller indicated that he would like to serve on the 1 Municipal Court and the Visioning Committees. ltsyorCComtml}tbtessiffromiCouncil Member Perry and himself. for the Agenda Consensus of the council was to have those two members serve on r that Committee. iore that tt Mayor Castleberry endn as only Audit Coromm three serve, the members would stay the same. Consensus of the Council was to have those members remain the same. Mayor Castleberry indicated that there were two mart-re of the Economic hat Commit CommXILIcatd there were three d that he would ;~quests to serve serve on t serve on that Committee. tt~rPirryeon which would that Committee.leave Mayor Pro Tom Brock and council Member Consensus of the Council was to have Mayor Pro Tam Brock and Council Member Perry serve on that Committee. Mayor indicated on the Investment Committee. from Council ` Member Cott Consensus of the Council was to have Council Member Cott serve on that Committee. Mayor Castleberry indicated that there were requests from council AdviMiller e who ware the currant members the Municipal Court Advisory Commit Consensus of the Council was to have those Council Member continue on that Committee. Tom Brock MeMayorberCMilleastlebeharry requested to ac tine Pon the Vis on committee. . i tt of Denton city council minutes September 2o, 1994 40endaNo Q Page IS AQ61~att Date ij Consensus of the Council was to have those member s®rve n hat Committee, B. Acting City Manager Robbins stated that the Georgia Pacific application for the Enterprize zone designation had been approved. ! 13. New Business The following items of New Business were suggested by Council Members for future agendas A. Council Member Smith suggested looking at a speedier Process for closing streets for neighborhood activities. s' B• Council Member Miller suggested a tour of the Internet system, `14' Thera vas no Executive Session held during the Regular 8essioh* R N hr ;r With no'further business, the meeting was adjourned at 8130 p.m: r z ' BOS CASTL88ERRY t ► .MAYOR , CITY OF DENTON# TEXAS J " CITY BBCRL~'1'ARYRB CITY OF DENTON, TEXAS r ACO0al2 ,a 4 "I i I 1 1 i City of Denton city council minutes aZ ! September 20, 1994 408- page 18 Agendalt U Date 00 Consensus of the Council was to have those member a rve n that Committee. j B. Acting City Manager Robbins stated that the Georgia f Pacific application for the Enterprize Zone designation had been j approved. 13. New Business The following items of New Business were suggested by Council Members for future agendas: i az,. I A. Council Member Smith suggested looking at a speedier process for closing streets for neighborhood activities. : B. Council Member Miller suggested a tour of the Internet { syateM. 14. There was no Executive Session held during the Regular 7~ ; AY *with no further business, the nroting was adjourned at 800 p.m. tl:iL. L1, BOB CASTLEBERR , MAYOR CITY OF DENTON, TEXAS + : JEN I ER N ERS - ''q CITY SECRETARY CITY Of DENTON TEXAS f r {I ACCO0212 r l T~ q 1 r patir.p i Amalie CITY OF DENTON CITY COUNCIL MINUTES Dale ♦ L September 27, 1994 1''f 0V The Council convened into a Special Called Heating of the City of Denton City Council on Tuesday, September 27, 1994 at 7:00 p.m. 1 PRESENT2 Mayor Castleberry; Council Members Chev, Cott, Perry, ! Miller and Smith. ABSENTi Mayor Pro Tom Brock 3 10 Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. r Mayor Castleberry presented a proclamation for National Arts and j Humanities Day. j Mayor Pro Tam Brock joined the meeting. I} 2. Citizen Reports E There wer# no citizen reports presented at the meeting. 3,' Consent Agenda v Perry.motioned, Brock e`conded to approve the Consent Agenda. On roll vote, Brock "aye", Cott, ways", Killer "aye", Smith "ays", 'Chew "ays", Perry ways*, and Mayor Castleberry "aye". Motion carried unanimously., A, Contracts .w s i. Baker-Shi[lett/EMCON - hydrogeological investigation 3. Deloitte i Touche - auditing services Mayor Castleberry indicated that Item 3.A.2. had been pulled from consideration. 4. ordinances A.' The Council considered adoption of an ordinance authorizing the city Manager to execute an agreement between the City of Denton and EMCON/Baker-Shiflett for professional engineering services for developing a groundwater characterization for the Denton landfill. (3.A.1.) The following ordinance was considered: i i r W . rm F 1 71 Iv +gonl vo ~~'O City of Denton City Council Minutes ~~y~d81t September 27, 1994 U Page Yet0 ~ Sd odd N4. 94-176 } AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF 4 DENTON AND EMCON BAKER-SHIFLETT FOR PROFESSIONAL ENGINEERING SERVICES FOR DEVELOPING A GROUNDWATER CHARACTERIZATION FOR THE DENTON LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Parry "aye", and Mayor Castleberry "aye". Notion carried unanimously. Bo The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Deloitte and Touche, L. L. P. for an independent audit. (3.A.3.) I The following ordinance was considered, NO. 94-177 : j AN ORDINANCE OF THE CITY OF DEI.TON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND bEDOITTE AND TOUCHE LLP FOR AN INDEPENDENT AUDIT) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Smith-motioned, Chew seconded to adopt the ordinance. on roll MoteBrock "aye", Cott, "aye", Miller "aye", Smith "aye", Chow aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance amending Chapter 18, Section 18-91 of, the code of Ordinances of the City of j Denton, regarding the parking of vehicles on certain portions of Wilson Street, Lakey Street, East Prairie Street and Bradshaw f street near Fred Moore Park. (The Traffic Safety Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this was a f recommendation from the Traffic safety commission and the Parke and Recreation Board to change the time allowed for parking from 11:00 p.a. to 10:00 p.m. and added areas of no parking around Fred Moore I Park. In the past, there was a difference of time from when the park closed and when the parking expired. This ordinance would coordinate those times and provide for additional no parking in the I ,ce. vi y City of Denton City Council Minutes ~endaN6 l[~ -ttKJ I September 27, 1994 i Page 3 area. L/ Council Member Chew stated that the residents of the area understood that once the parking was removed, it would be enforced throughout the neighborhood. Svehla replied correct. The following ordinance was considered: { N0. 94-178 I AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-91 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGARDING THE PARKING OF VEHICLES OH CERTAIN PORTIONS OF WILSON STREET, LAKEY STREET, EAST PRAIRIE STREET AND BRADSHAW STREET NEAR FRED MOORS PARRI PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO i HUNDRED DOLLARS ($200.00) ; PROVIDING A SEVERABILITY CLAUSE) REPEALING ALL ORDINANCES IN CONFLICT HEREWITH) PROVIDING FOR PUBLICATION: AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tea Brock motioned to adopt the ordinance. She stated that a major problem in the area was loud noise at night and hoped ' that this ordinance would help that situation. Council Member Cott asked if there was enough over-night parking in the area. Svehla stated that the areas of no parking were adjacent to city property. The other side of the street would allow parking. Council Member Perry seconded the motion. t. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion 3 carried unanimously. D. The council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Atchison, Topeka and Santa Fa Railroad for [ the installation of a crossing and safety signals at Jim Christal jf Road. Rick Svehla, Deputy City Manager, stated that this agreement would { allow the railroad to install a rail crossing on Jim christal Road IE The contract for the rent of the road was being reviewed by the County and this agreement would allow the new crossing so that the crossing at Scripture could be closed. r City of Denton City Council Minutes September 27, 1994 Agaid3N0 a4~ E Page 4 Ap da!t2m ,I E?ata C The following ordinance was considered: l O NO. 94-179 I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE INSTALLATION OF A CROSSING AND SAFETY SIGNALS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. j Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "dye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Berry "aye", and mayor Castleberry "aye". Motion carried unanimously. E. The council considered adoption of an ordinance 's authorizing the City Manager to execute an agreement between the City of Denton and the Texas Department of Transportation for the furnishing and installing of traffic signals by a municipality. (CSJ 918.46-9101 135-10-900; 134-09-903) Rick Svehla, Deputy City Manager, stated that this was an agreement a with the Texas Department of Transportation for furnishing and } installing traffic signals. These projects would allow for j improved signals on University Drive and to retime the signals from 235 to Loop 288. The project was totally funded by Federal money with the work being done by the City and the City being reimbursed by the Federal Government. Mayor Pro Tom Brock asked if these projects would be adaptable to future improvements in the streets. Svehla stated that the signals and controllers could be reused and would remain in the same location. i The following ordinance was considered: NO. 94-180 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 1 I ~AeodaNo City of Denton city council minutes Asonda' ` September 27, 1994 091te Page 5 6 OF Miller motioned, Perry seconded to adept the ordinance. On roll vote, Brock "aye", Cott, "aye", Hill..r "aye", Smith "aye", Chew I "aye", Perry "ayell, and Mayor Castleberry I'ays". Motion carried unanimously. t F. The Council considered adopt ion of an ordinance I authcrixi the Mayor to execute an agreement between the City of Denton and Science Land of Denton. j Kathy DuBose, Acting Executive Director for Finance, stated that Council had directed Staff to bring a contract for Science Land which had requebted Lalor funds for two eligible categories of tourism and historic preservation and restoration. The contract " allowed for six monthly payments totalling $70000. Council Member Chew left the meeting. 'I The following ordinance was considered: r' N0. 94-181 P AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT' BETWEEN THE CITY OF DENTON AND SCIENCE LAND OF DENTON; x AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll votes Brock "a - ; • ye", Cott, "aye", Miller " .aye", smith "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 4-2 J1- I vote. 0. The Council considered adoption of an ordinance amending the 1993-94 annual budget of the City of Denton by appropriating the sum of $117,000 from the unappropriated balance of the General Fund to sub-recipients of the hotel tax collection and the airport grant fund account. .;L I Council Member Chew returned to the meeting. Kathy DuBose, Acting Executive Director for Finance, stated that this amendment allocated $42,000 to the hotel/motel entities as the City had received more money than originally budgeted. $75,000 was for the City's portion of a 10% match for an airport grant. The following ordinance was considered: r i A~Endaif City mb Denton Cit} council minutes September 27, 1994 C/ Page 6 NO. 94-182 AN ORDINANCE AMENDING THE 1993-94 ANNUAL BUDGET OF THE CITY OF DENTON BY APPROPRIATING THE SUM OF ONE HUNDRED SEVENTEEN THOUSAND DOLLARS (017, OnO) FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO SUBRECIPIENTS OF HOTEL TAX COLLECTIONS AND 'f. THE AIRPORT GRANT FUND ACCOUNT; PROVIDING FOR PUBLICATION HEREOF; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote Brock "aye", Cott, "aye" Smith y Miller "aye", "aye". Perry "aye", and Mayor Ca tleberre". Notion carried unanimously. ~ H. The Council considered adoption of an ordinance amending Ordinance 90-026 relating to Rules of Procedure for the City` ^ Council of the City of Denton and repealing Ordinances 93-073, 92- *[r 115 and 90-150. =fir City Attorney Drayovitch stated that this ordinance had been introduced at the last Council meeting. Several changes had been made per Council direction. Mayor Pro Brook suggested amendingl Section 6.3 which now stated that any member could su est an work session to read a future work see ion discussion at the next ~S The following ordinance was considered: ` NO. 94-183 AN ORDINANCE AMENDING ORDINANCE NO. 90-026 RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DEA'TON, J s~, TEXAS, AND REPEALING ORDINANCES 93-0730 92-1150 AND 90-150; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Cott seconded to adopt ordinance with the change { the wording of Section 6.3 to "future work session" instead of "next work session"". On roll vote, Brock "aye", Cott, "aye", Miller "aye". ye, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry Motion carried unanimously. 5. Resolutions { A. The Council considered approval of a resolution approving budget adjustments for fiscal year 1993-94. f i G`o~td City of Denton City Council Minutes AQOAddHO September 27, 1994 Aplida 9T1 Page 7 W8 } N Kathy DuBose, Acting Executive Director for Fina ce, stated that the City Charter provided that during the.last three months of the fiscal year, a budget adjustment was allowed in order to move funds between different departments and agencies. This was a clean up of the end of the year procedures. The following resolution was consideredt NO. R94-055 A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1999-941 AND DECLARING AN EFFECTIVE DATE. Smith motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. considered a grantllorhdevelopment of the Deapproval of a resolution Municipal accepting Airport This item was pulled from consideration. B.2. The Council considered approval of a resolution authorizing the City Manager to accept a grant for development of the Denton Munioipal Airport. I Rick Svehia, Deputy City Manager, stated that B.1. was pulled j because the City did not have a firm grant offer from the FAA at this time. Staff was suggesting that, if the City received the grant as it had been told it would, the Council authorize the City Manager to accept the grant. This would allow the City to accept the grant and not require a special council meeting. Staff had been informed by the FAA officials that the paperwork was completed for the grant and was in Washington. The FAA had not received the j paperwork back so they could not completely confirm the grant offer. The following resolution was consideredt NO. R94-056 A RESOLUTION THE CITY TO A FOR DEVELOPMENT OFOTHEIDENTON MUNICIPALMANAGF3AIRPORT;ACCEPTAND PROVIDING AN EFFECTIVE DATE. Cott motioned, Brock seconded to approve the resolution. n ~r rs.~ i 1 City of Denton City Council Minutes Agenda No q -041 September 27, 1994 Ap~nCalt Page a Mayor Castleberry indicated that he had a speaker card from Mike Stephens who was in support of the resolution. On roll vote, Brock "aye", Cott, "aye", Miller mays", Smith "aye Chew may*",, Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6- The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid 11673 - Airport Runway Expansion) This item was pulled from consideration. 7. The Council receive a report, held a discumsic.t and gave staff direction concerning the process for the City Council to appoint a new City Attorney. Tom Klinck, Director of Human Resources, stated that he would be i addressing information on recruitment, selection, evaluation and placeaent of a new City Attorney. The first step would be to address recruitment. The recruitment profile would include issues which the Council determined were critical to the City's needs in legal representation such as community awareness and issues; organitational•issues; technical education experience; leadership and management; and Council expectations. Examples of Council e stations might include the role of the City Attorney, p ilosophy on legal representation, the Legal Department's focus and support to City departments. Recruitment would involve updating the job descriptions posting and advertising the job and the decision for internal candidates only versus open to all candidates who not minimum qualifications; and administrative support such as using an executive search firm versus the Human Resources staff. Recruitment compensation and benefits included a recommended salary range. The recommended range was between $64- 97,000 with a midpoint being $81,000. Selection and evaluation involved an initial paper screen looking at minimum qualifications, experience,and presentation. This would net approximately 20-30 candidates.' The secondary screen would be a telephone and/or r~ written questionnaire which would net a final pool of 10-15 candidates. The semifinalists would have a telephone screen of of references which would reduce the number of candidates to a final peal of 3-5 individuals. The City Council would interview the finalists. He presented a sample evaluation of criteria which dealt with legal technical competence, legal philosophy, leadership and management, financial and budgeting, communication skills and nedia relations. External candidates would become acquainted with Denton and meet key community leaders. He presented a recruitment e.,r eMi I awl 1 I I ~gtndt Ho f `'t -v , It city of Denton City council minutes Agendalle 1 4- September 27, 1994 f~Se Page 9 S710 1- coo and selection schedule for internal and external candidates. I Council member Perry asked it an affirmative action plen was 1 1 included. Xlinck replied that the City's policy was that all decisions were law based on protected rightOYt dunder alfirmativeeaction and.t~ouldslook } organization. the C rdss of their race or sex or any protected at all candidates regale right. asked If those requirements could be not Council Member Perry without an external search. Rlinck replied that there would be some internalificationssb ti he would be female which would meet the minimum qu was not sure of any other protected class. ( Council member miller stated that an internal search would follow legal guidelines. Klinck replied correct. Council Member Cott t to an stated that would be cost an Hetasked search as opposed ~ for an estimate of that kind of cost. r t Klinok stated that an internal search would be lose expensive tent l an external cost. An external search using ' yould cost from 3b-331/3! of the initial starting salary. 4' Council Member Smith asked if it would be possible to do a combined i internal and external search with in-house staff and not hire an F, A,, outside firm. Kiinck replied correct but that the Human Resourcethes Wawa Parkst awas nd currently in the process of searching for 1 Recreation Director and this added search would have an impact cn his staff. Council Member Perry suggested performing an internal search and t felt there was no noad to hire an outride firm to conduct the search. Council Member Smith felt than and external search for ca esoul beeb sight the currenttstaff ; who would be very well qualified but there may others outside equally qualified. i E U-040 City of Denton City Council Minutes 40e~►daNo September 27, 1994 tigG7dalj page 10 Date Council Member Miller stated that he preferred to look internally ' first. He felt that an internal search would give a message to City employeas that there was a benefit to work for the City of Denton. Council Member Smith stated that a highly qualified internal candidate would stand out well against external candidates. 3 1 Chew motioned, Perry seconded to perform an external search using 1 the Human Resources Department to handle the search. on roll vote, f Brock "nay", Cott, "aye", Miller "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5- 2 vote. Klinck asked if Council wanted to ask the present City Attorney to assist in updating the job description and return with some j advertising copy. He asked if the Council wanted to include in the job description that the appointee had to be a resident of the community. The State law stated that the Council could not require residence other than for council appointees and council members. i Mayor Castleberry indicated that the City Charter not specify that the appointee had to be a City resident. ! S. The Council reconsidered a motion appointing the chairs of the. Board of Adjustment and the Sign Board of Appeals. ! Mayor Pro Tem. Brock stated that at the last meeting, she had made nominations for chairs of these two board thinking that the current chairs were no longer available. She had since discovered that E that was not the situation and that the Council was only ratifying what had been decided on in the committees. Both current chairs were willing to continue and both were doing an excellent job. she asked that Council approve the notion to reconsider. Brock motioned, Smith seconded to reconsider the item. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew Axe "aye", Perry "eye", and Mayor Castleberry "aye". Motion carried unanimously. A. The Council considered a motion to appoint the chairs of the Board of Adjustment and the Sign Board of Appeals. Brock motioned, Smith seconded to appoint Rachel Mays as the chair of the Board of Adjustment and Mike wisbe as the chair of the Sign Board of Appeals. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ` r'y City of Denton City Council Minutes Ag6flddN0 September 27, 1994 aQGtlddlt8 Rage 11 We ~ r 9. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Two events were scheduled for the next council meeting of October 10. One was a resolution establishing a "Wall of Honor". The Wall would display a number of letters and compliments received about City employees. This would be a regular process and the letters would be rotated on a continual basis. At 6.30 p.m., staff was planning to invite the first initially recognized employees to a reception honoring them. B. There would be no meeting on October 11th. ~o,i x'eY YLki:r r 10. New Business The following items of Now Business were suggested by Council Members for future agendas: A '~''xY Mayor session ofOcctober 25thnto Brock a discussion on the issues l of t he fire staffing both immediate and long term needs. She asked the Counoil to indicate if they would be willing to schedule such a session. ~;'Js} f,` : Mayor Castleberry stated that at this point, the Council could not discuss the item but merely make it a point for an agenda. Mayor Pro Tom Brock asked if the Agenda Committee would decide on whether the matter would be placed on an agenda. ?Saor Castleberry indicated that the Agenda Committee did handle ; all of the items on the agenda. Be Council Member Cott stated that several times he had said that he had mistakenly voted agai:ist the budget. He asked that ' that be reversed. 5,- Mayor Castleberry indicated that that would have to placed on an agenda. City Attorney Drayovitch stated that this situation had happened several years ago when a Council Member said that his vote did not reflect his intent. She asked if that was a correct summary of this situation. Council Member Cott replied yes. City Attorney Drayovitch stated that in the prior instance, when 4 na. n+.:y{ rof0~ ~ . r. f t r, NMI r~ . City of Denton City Council Minutes ~aRdaH0 September 27, 1994 Apdali t Page 12 Ilet9 { those sinutes were given to council for approval, that Council +frt Member made a motion to include in the minutes an added, statement that it was not his intent to vote in the manner shown and that it 4 was an error. Council Member Cott stated that it the vote could not be reversed, k 4" he would keep it the same. j 11. There was no official action taken on Executive Session Items } discussed during the Work Session. f 12. There was no Executive session held during the Regular Session. , I With no further business, the meeting was adjourned at 8:00 p.m. i BOB CASTLEBERRY, MAYOR y"x CITY OF DENTON, TEXAS r I JM- IFER wALTERS CITY CITY or SECRETARY N, TEltAB , / ACCO0215 e Y l ~yl i / y M1 % F ' r+~, t 1 / . I , F' • ai v. - ...e rf. ..a a. r. ..x r.1 ..1,.•.sM1e uww•.•... 4 t, 1 l 4 r t)). I S CITY r COUNCIL f } r bh ~ :'f } e re ~ ts4 i s E ►ti - a I DATE: December 64 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM' Lloyd V. Harrell, City Manager SUBJECT: Historic Landmark Designation for 1018 M. Oak F V RECOMMENDATION: v r; The Nfatorle Landmark Commission recommends approval 5-0. f E ei The planning and Zoning Commission recommends approval 6-0. Staff recommends approval. ' t SUMMARY: k+ i ~f The owner of the above referenced property has submitted a final application for Historic Landmark designation. The structure is a residence located inside the boundaries of the Oak-Hickory Historic District. The City of Denton Historic Preservation ordinance establishes that the pruperty must meet one or more of thirteen criterion t set forth in the ordinance. The owners have submitted the ! `property under the following criteria (found on pAge 16 of the # application): 3. Embodiment of distinguishing characteristics of an 1 architectural style or specimen. 4. Identification as the work, of an architect or rr master builder whose individual work has influenced t ?y the development of the city. s ` b. Embodiment of elements of architectural degign detail, materials or draftsmanship which represent a significant architectural innovation. 8. Relationship to other distinctive buildings, sites, , or areap which are eligible for preservation according to a plan based on architectural, .t' historic or cultural motif. f::~•;`ti ~ ~ a 12. A building or structure that because of its ,y". . location has become of value to a neighborhood, community area or the city. trr , kw d ~ . 4 i #ham Historic Designation N~68E1aN0 1018 W. Oak Ag90~ i~ Page 2 Date BACKGROUND: i. 1018 W. Oak is a Craftsman style house that operated as a ' y fraternity house from 1957-1992. There have been very few external changes to original structure. The residence is i r ''t situated on a prominent corner lot with three visible facades. t ,a 'r r F E PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: The City of Denton Historic Landmark Commission Oak/Hickory Historic District a FISCAL IMPACT: " Designation will qualify the property- owners for a 50% tax 1 abatement of City of Denton taxes for the next ten years. Reape fully submitted: Prepared by: L oyd V. Harrell City Manager e Je k ns J { a. aerv Ion Offices M Approv d: f rank H4 ob ns, AICP Executive Di ctor a;. Planning and Development N>•~,t sr~ se Y 'rri i i s JC 3f~ v1i. tiAai. 4, Vii, _ wa »r MINUTES Historic Landmark Commission 40endaNo G 'a September 30, 1994 Agendalte The special called meeting of the Historic landmark Commission of the City ai held at 12:00 p.m. (noon) In the Civil Defense Room of the Municipal Building located at 215 E. McKinney Street on Friday, September 30, 1994. Present: Judith Abbott. Suzanne Byron, Judy Cole, Jim Kirkpatrick, Bullitt Lowry, and Mark Merld Absent: R8a Holcomb, Kenneth Morgan, and Alan Smart Preserll.from Staff: Jane Jenkins Blles, Preservation Officer and Donna Bateman, Planning Technician Chairwoman Abbott called the meeting to order. III. Hold a public hearing and consider historic: landmark designation for 1035 W. Oak Street. Ms. Abbott opened the public hearing. IN FAVOR: Mr. Mice Reid, owner of the house was present to speak in favor of the request and to answer any questions the Commission had. EE OPPOSED: No one was present to speak In opposition of the request. RECOMMENDATION: Ms. Jenkins Bites stated that staff recommended approval of the i request. { Ms. Abbott closed the pubic hearing. DECISION. Mr. Lowry moved to approve the final application for historio designation for S 1035 W Oak Street it was seconded by Ms. Byron and ttarlimously cabled (54). IL HoW a public hearing and Consider historic: landmark designation for 1004 W. Oak Street. Ms. Abbott opened tho pubio hearing• IN FAVOR: No one was present to speak in favor of the request OPPOSED: No one was preowt to speak H opposition of the request. RECOMMENDATION: Ms. Jenkins Silo stated that staff recommended approval of the request Ms. Abbott closed the public hearing. I l DECISION: Mr. Lowry moved to approve the final application for historic; designation for: 1004 W. Oak Street. It was seconded by Ms. Byron and unanimously, carried (5-0). i 10 A r i . _ _ ,.mow.. ~ A .c py`i • i HLC MINUTES September 30, 1994 of 2 gandaVo v-ndait 'ate Ms. Abbott left the meeting. Mr. Kirkpatrick arrived. i f. Hold a public hearing and consider historic landmark designation for 1018 W. Oak Street. Mr. Lowry opened the public hearing. IN FAVOR: Mr. Stafford was present to speak in favor of the request and to answer any questions the Commission had OPPOSED: No one was present to speak in opposition of the request. i l RECOMMENDATION: Ms. Jenkins Silos stated that staff recommended approval of the Mr. 1 -4ry closed the publk hearing. DECISION: Ms. Cole moved to approve the final application for history designation for O 1018 W. Oak Street. It was seconded by Ms. Byron and unanimously carried (8-0). IV. Future Agenda Items. Mr. Lowry asked that direussion of the fire on the square and the designation of the square as a historic disuict be placed on the future agenda. Mr. Msrld moved to adjourn the meeting at 12:60 p.m. It was seconded by Ms. Cole and , unanirmusly kauded (6-0). Hold a subcommittee meeting to discuss proposals submitted in response to the RFP tot Inventory of Hstorio Resouroea. The aubcomminoe,&Wood that the two moat qualified proposals were from Newtan and Niederaurst. The subcommittee agreed to request that the Commission hire the firm of Newlan to conduct the inventory. The recommendation was moved by Mr. Lowry and i, seconded by Ms. Byron and carried (40}. The subcommittee adjourned at 1:12 p.m. Ni F r r, n a .u.u..i. "Ma "....4 {Y i i i HISTORIC LOOM ZONING PETITION ApendeNO,._ +i FINAL APPLICATION AgancWt CITY OF DENI'ON, TEXAS Date GG q SITE ADDRESS: _ 1018 West Oak Street ,R Denton, TX 76201 Fv2 LEGAL DESCRIPTION (L)T AND BLOCK OR FETES AND BOUNDS _ ATTACH Streetside Photogr&ph a EXHIBIT "A" IF NECESSARY): ' :t I q +-04 uk4x 'had ts-M. 3 x S or larger A..• 1 f I F 1 LL PRESENT USE, IF NOT SAME RELATIONSHIP OF APPLICANT TO CURRENT OWNER: Charles Stafford 6 Judith Abbott ZONINGt Mr-1 ; f t (Also complete Exhibit "B") TEIMHDNE 0 (S) ADDRESS MkM y (817) 387-7021 Nome ? 4 ` Chariee Stafford 1018 west Oak St. 1A171 565-0055 Office: rt. 3udith J►bbott 2018 West Oak St. (817) 381-3042 Home (817) 387-7557 Office Z15Ik/3 ~ r } W f ...vw rca...u..-. eJm ...,.........,..=.e..... w... e..... --~F..ro....,. r7tliA1t31GW.W`.ie A.G~iSieYN.ddw'6.Jif' .'0+.4..e....r.v E 4 r r r. .7 -r f .Nf i .2 1 ..tr M 4v. ~IVHe t+~endaNo ~,/1\ Q3to a I l ` I rI 1I1`t J 11`~ I ( ( 1 r s v i 1 3 ApendaRo~z.]~-C~ OQNSTAIICTION/DESCRIPTION: A~G~da1t 1) DATE(S) OF HISTORICAL OCCURRFJNCE, OONSTRUCT Q3iB -Q MION OR ARCHAEOLOGICAL SIRE: HUAR built ION OF FEATURE, PERSON, INSTI• e - Craftsman dt le 2) DEAD TRATE THE IFP'ORTANCE OF THE EVENT, FEATURE, PERSON OR INSTIMIONr DETAILED EXPLANATION OF MIY THIS SITE NARIM KILL BE OF IMPORTANCE TO THE ENTIRE 0040ITY. (complete Exhibit +.Ar,) i 3) DOCUMENTATION USED TO VERIFY ABOVE. ATTACH COPIES FOR (NEWSPAPERS, GOVE NIIENT REOORD6, HISTORY 80= PERM, etcFILES. as Exhibit IV: National blister? No tc•)Label Recorded Texas WAmarkt No Local surveys or recognition? Cont`r~ utina structure in Oak-Xmbly Histerical Die riot y 1 ARCHITECT: S) BUILD9tI Da_ v_ idson ! 6) EXTERIOR MATERIALS. Cypress aiding E 7) WING: Pressed metal shingles i 3) DOORS6. Pine French doors - lights divided unequally 9) WINDOM(3i Pine {l 10) FORCHAS; Front -tue on a lab on ier and beam Back-originally screed 11) Oll[BIIILDINGSi none e ► nclosed I1 12) LANDSCAPING Ate FENCING: In pr( { -*rare { i r ZISIk/4 r E ~ ~OeneaNo A9endalt Date Lot 4, and a portion of Lot 3, of MOUNTS ADDITION, as Addition to. the City o: Denton, Dentor. County, Texas, aceordiag to the } Plat thereof recorded in Volume 3S, Page 383, )eed Records, Denton County, Texas; and further described as follows: BEGINNING at a point on the North side of West Oak Street, 105 varas West of the Southwest corner of a lot sold by N.H. Mounts and wife to C. Lipscomb, said point being also tht Southwest corner of a lot conveyed by O.A. Long and wilt to ~'tr Mrs. M.A. Woodward by deed dated lurch 200 1097, recorded in Book` 621 Page 3060 of the Deed Records of Do. County, Texas; THENCE North 70 varas to South line of Mounts Ave.^.'ee, the 1 Northwest corner of Mrs. M.A. Woodward's lot; { THENCE West along the South side of Mounts Avenue# 55 verse, L to the Northwest corner of Got No. 4, Mounts Addition to the City of Denton; THENCE South wih the West line of said Lot No. 4 at 70 varaa, its southwest ea;ne': on the North , lire of Oak Street, F% THENCE East, with the North side of Oak Street, SS varas, to 3 the PW1CE 01' staff NINo. { j 1 a 1 EXEam ,v, Agenda No Apdaita S WAIN OF TITLE OF SITE AND/Oil ENTERPRISE Date Instructions: List the ownership title from the present to original owner. 11 List this information bejinning with most recent. 2 Attach copies of each instrument. ' r BOOK-D® { TM Of REOM {w ` INS'I tHENI' DATE YOLK/PAGE REAL PROP/. I NANO OF OWNER(S) (WARRANTY DEED) NI MER P100 M ~rv~ it r S 4 '4 1 ~t^ 1 w: i . ~ n i t t , 4 f t11 r: r ti 21Sik/6 i THE HISTORY OF THE STAFFORD-ABBOTT HOUSE ~8~d1M0~~QLa 1018 WEST OAK STREET --tt Ag;rd0a The Craftsman style house located at 1018 West Oax St. was kit in 1914 by Eva Woodward Long (Mrs. Joseph A. Long). Mrs. Long as a child to Denton n!eft; in 1671 with her Parents and 6 i 694. In the fall of that year, 1 Baylor U v she ~ married Joseph A. Long J. A. Long bought Tracts 2,3 and 4 of the Mounts addition in 18%. J.A, and Eva. add Tract 2 and part of Tract 3 to Eva's widowed mother, Kra. M.A. Woodward, in 1897. Mrs. Woodward built a house !hers that is now known as 1001 West Oak St. J.A. Long died in New Mexico in 1899 at the age of 29. He and Eva had no children. A Temporary Administration was opened in Denton County, with t#v acting as the Temporary Administrator. The apptiokkn foremporary Administration recited that the corpus of the estate contained numerous parcels of real property and the proceeds from t~r ~pliyse The application was After 6 ! in Mnton County.' the adndnlstratibapirsd. No Will was ever probated f Eva lived with her mother in the house at 10% West Oak until the time of her mothaes death in 1913. rya's mother's brother, Henry Fox. also lived with . them. 'Vale Danny' made his home with Eva at 10) 6 West Oak after that hours was built. According to family members, Eva was Called 'Aunt Tot'. Uncle Banny used the room on the west odd* of the 2nd floor as his sitting room. His bedroom was the room on the southwest cornar. Family members also sad that Uncle Banny liked to garden. Aunt Tot didn't like having mud and dirt tracked into the house, no she had a half bath tacked onto the bade of the house in a small lien-to addition for Undo Danny's use. Talking to Bya'* family members turned up some other interesting details about the house. Thera wrs a speaking tube that ran from the front door to the y • Mtcban and the 2nd floor sleeping porch (attached to the bedroom on the east Of the hou s). The 2nd floor bathroom was built as a large room with t a r,x bathtub sitting out in the middle of the floor. According to Eva's obituary, she was active in local social Life. She was president of the Arkd Club and was a 'largo contributor' to the construction in the late 1920s of the Woman's Club building on Oakland 6t, in Civic Center Park. Eva was In the habit of leaving town in the summers, either staying with relatives in Los Angeles, going to Europe or Denver. One of the debts paid by bar estate was the storage fns odd to a garage in Dallas xhera her Cadillac was e kit stored First during h eR Church. trip to Los Angeles. Eva was an active msmbxr Eva died in Los Angeles in July of 1930. Eva left her hwsa to one of bar sisters, Leda, who moved into the house only to die about 6 months later. &a's estate was then administered by a brother. Eve's setato was sizable for the time. The estate add the house to Maude Hopkins right after Chdstmas in 1932. The last heir signed In January of 1933. Maude bought the house in her individual capacity. However, as a married woman, her husband, Robert H. 'Bob' Hopkins, was legally required to oo-dgn the deed of trust. 7 j Like Eva, Maude Hopkins was college educated. She and Bob married in the early 19008. They made their home on North Elm St. where they lived until they moved to 1018 West Oak. Their home on North Em slaws up in the catalog of work of the architect Willy 0. Clarkson (designer of the Women's Club Building and Los and Peggy Capp's house on Oak St. ! R.H. "Bob" Hopkins was the child of another pioneer family. His father ' was sheriff of Denton County at the end of the last century. Bob's brother, George Hopkins, Sr. served as the State Senator from Denton County. George, Sr. practiced law in Dsnt*n County for bas entire adult life. Bob's nephew, who as a child was called 'Little George', has first retired from the practice of law after over 50 yeah of p actke in Denton. Bob served as the Judge of the 16th District Court f roar 1913 until 1914. His picture bangs on the wall cf that Court in this Caned Courts Building. Bob died in 1938. Maude lived in the house until the time of her death In 1957. Gomm Hopkins St. handled Mauds's satate. The house was sold to the Game Xi Aluawd ot Deft Sigma Phi Fraternity in 1959. Hal Jackson, a life long Dsnbon naidsnt, was an alumni of the fretu pity. He w-eigned the note for the hM M in his indi*" capacity. The fraternity owned the house until January 1992 Won it was phased by Charles Stafford and Judith Abbott. Over the Yon of ownershlp, a paooswlba of appro imetoly 750 young tun in turn made 1018 W** Oak theft hoer. ~gondit~to Q or.a by Jq&th Abbott Pr Siapteotba 2, 19% ~tad :r x, { { t]WISIT "E' OOKSMUCTION (Where p u e) A9andalie 010 a ,y Date • L3 VR))7 List chroml ically and with as wuch detail as possible, dates the structure ' liar built, builder, cost of improvements, ar►d detailed descriptions of improvements.. Include any significant remodels with Attach particular attention to p r T, exterior changes. copies of all building (malts, mechanic's liens and ,r deeds of trust. V WE OF ~ ror t r + OONTRAC'InR'S DBtAiL® DbSt NION MAL DATE: NAIL a NATURE OF M MT INSTRIl4N[a ~ r 1 *VOL" AND PA® L~Or~, 4 i it I E ' h, I r. 1 4 21S1k/~ l ! r goal The house was built as a two story structure. Mrs. Long apparently paid cash for the construction of the house, as there are no construction liens recorded. According to a family member, mortgages were frowned on among the family. The only fire date for construction came by a piece of good luck. In the process of our work on the house, we found a torn I fragment of brown paper bag that had been signed in pencil. The text of that note is as follows: W.A. Croaley 8 Kit Berry laid this floor Nov 20, 19140. Also appearing were the following naaes Edgar Davidson (Dewey), H.F. Davidson, Contractor; I E.S. Litrell, Clyde Berry. There was a one car garage north of the house that was torn down at some point in the 1960s or 19709. By the time the tax card was prepared in 1943, a lean-to had been added to the north side cf that garage. Bill Sullivant, former State Represen- tative from Cooke Coanty, has told us that he lived in the house as a college studont. During his residency at 1018 west, he says that he installed a gym in the garage for the fraternity members to use as a work-out space. The 3rd floor, originally attic space, was convertod into 3 roans at the time that the fraternity Delight the house in 1957. Billie Clearman, Hank and Monk's brother, did the work. We bought the house in January, 1992. Since that time, *we have rebuilt such of the north wall (extensive termite damage), replaced the brick skirting, established a french drain, added `;,ti Mme piers under the middle of the livii,g room and dining room floors. We have replumbed and rewit9d the house. We removed the aluminum siding that was added by the fraternity (covering rs the cypress siding). Much of the electrical wiring work done in the last 20 ♦ years had been added to the house by putting conduit over the aluminum siding. We have rebuilt all the i windows on the 2nd and 3rd floor, reglazing with old glass. We still have the first floor windows left to do. The cantilevered staircase was supported by the north wall of the staircase, the wall that was used as the plumbing chase to the 2nd floor batb. The fraternity had allowed water to run into that wall for a period of not less than 2 decades. The wall had moved south about 60. The stair structure from the 2nd to the 3rd floor had racked. The stair had come loose from the i 3rd floor landing. We put the wall back into an upright position and bad steel plates fabricated to stabilize the stairs. a The walls of the house are plaster. 4 plaster ceilings had failed (they had come loose from the rafters where the lath or expanded wire supporting the plaster was originally attached). EE We were able to save all of the ceilings except for the living 4 room ceiling. I qy-a o ZA - r a~ owl wRw ` The flooring on the first floor is quarter-sawn oak (livingroom, ha)1, dining room), pine in the original kitchen room and the in the sunroom. We removed 4 layers of flooring to get down to the wood. Termites had destroyed the north 6 feat of the flooring in the dining room and about half of the floor in the original kitchen room and breakfast room. We located salvage oak to rebuilt the floor in the dining room and entry hall. We used the salvage from the original breakfast room to complete the flooring its the original kitchen. The original breakfast room (now the kitchen) currently has a painted plywood floor. At some point the fraternity decided that they needed an additional bedroom worse than they needed a kitchen. They A stripped out the kitchen. We decided to change the kitchen to the room directly under the 2nd floor bathroom. We are using I c the original kitchen room as a pantryroom and breakfast area. f We have used salvage cabinets throughout. Nancy and Randy Boyd i had saved the original cabinets and the mink fror their house. 1 They gave them to us. I bought 3 large cabinets from a salvage i yard. We inherited a ?'long, 20 drawer bass cabinet (salvaged ` by Charlie's aunt, Dorothy Stafford. She had gotten it from her church, the korthsids Sapt. Church, in Ft. Worth when they remodeled in the 1950s) As money becomes available, we have bean filling in around the salvaged cabinets with custom cabinets that fill out the space available. iqq { AgandaNo Agondalt ^ ~ Date t I } 1 J 4 /~C P E*tIBIT 1 71 a0~C~3No SURWS Ap3ndait u ,u o Date Instructions: or Old Town Plat; 2) attach copy of o18 cc seY YOU 1) Attach subdivision asap purchased the property, f' have and the on•the• round survey when You g survey locating all IN 5a`ndtprotrusions~' access to scent ~encroadee cu . nts ova public roa4a, public iapr r i t y', r C 1 l r ter } } <4 < 4y ! % JISIVI Y J[ ' J ' L 1 I , 1 r ' I EXHIBIT trGT1 I' EXTERIOR PHOTOGRAPHS L_ Instructions: Attach at least four (4) photographs of the Historical Marker +s~/ite, one from 'h la g direction (North, East,Scuth, Mest) 1 otos~shaull be 3 ~c 5 ~ lOl~ Uj-4 Ca IL J~ f7~ /Y}.•V~• I t 4!$ ~,~h~s~-Oo-~ i~i,~tfYU~ 0. 0 - 21SIP/9 tea-- - .r ~ ~~.cn .,r•nn~ i rw rr.~ Y+t~o. Y iI~ v. cap ~ rm,.,,~ i:~e _ ~ H i~ o~~r _i u~~ ' -,1~ r EXHIBIT IWO M Criteria to be used in Historical Landmark De q "'046 Agsrtdaller~- Tho petitioner will be responsible for furnishing data to M53 Planning and j Development Department for submittal to the Landmark Coal on u t-t that the property meets at least one or more of the following 13 criterion for quo Historic Landmark designations 1. Characters interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 2. Recognition as a recorded Texas historic landmark a national landmerk, or entered Into the National Register of Historic Places. 3. 8sbodiment of distinguishing characteristics of an architectural type or specimen. _X~ 1. Identification as the work of an architect or master builder whose individual work has Influenced the development of the city. _ X _ S. Babodiment of elements of architectural design details materials or craftsmanship which represent a significant architectural innovation. X 6. Relatlonshlpp to other distinctive buildlags, sites or areas i which are eligible for preservation according to a plan based on architectural, historic or cultural moth. 7. Portrayal of the environment of a group of ppeeoopple In an area of history characterized by a distinctive # mA tectural style. B Archaeological value in thdt it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. 4. Exemplification of the cultural, economic, socials ethnic or historical heritage of the City, State or United States. 10. Location u the site of a significant historic event. lie [dentifieation with a perim or persons who significantly contributed to the culture and development of the City, State o► United States. r„ R 12. A building or structure that because of its location has become of value to a neighborhood, community area, or the city. 13. Volt* as an aspect of community sentiment or public pride. 21S1k/I0 Weir } aQendaNc q4 046 IlNe, the undersigned, owner(s) af, or party(s) With financial all property hereffn descrIbedt do hereby file this, that the said property bs designated ass historic landmark ~ the provintonsionsFexas, of. Ordinance #90.30 of the Code of Ordinances of the City of ~ (~l~~c''ff I/Ve herewith tender the filing fee of sixty-five dollars (s6S.00). I/No authorize the City of Denton to place a sign or signs property for public notification of the proposed historic don the above esignation. J , Nape Charles Stafford i Judi Address Iola west n k St u ( City Denton a' State TX Phone (817) 967-7957 Subeitted this _ 149 i' Col Oft FRON LEGAL DEPAR'1fff,PTs ~ GC61lb1if3 FR4H FM H. ROBBINS: P 111 r 1 21SIVII I . 'YFi1YCrll✓~''S{CI%fd'.G.V...i. Yii M.~At...:rJ..•.,.i.:...: P.er r. r p & Z Minute Nov. 9, 1994 AQen4axo- page 4 U` A k gand i ~p~ 97 Ms. Flemming: I have a question In reading the Infom~tio~n stout the description about the house. I was just Interested, curious as to what the little speaking tube? In reading the description of this property at Joie W. Oak and in the description it mention that then was a spoddrV tube that ran ftm, the front door to the khchen on the second floor r Is a speaking tube? Richard Cooper wrfired. Ms. Jenkins: That is the next hem, Ms. Abbott: A speaking tube is like an early Intercom system. Ma. Jenkins: Ms. Flemming that speaking tube is in reference to the { next ptoo hearing and Ma. Abbott at that time will answer your ? questions on the microphone. Ms. Flemming: I'm sorry, I didn't understand you. Mr. Norton: Madam Chairman l reoommend approval of 1004 W. Oak as a hisiorlo landmark zoning. Ms. Sohert v t'A second. Ms. Rund: Any other disausion? AN In team Haase signify by raising your rlght hand. Opposed saline sign. (K. hichand Cooper abstained. Thank you. i b. Hold a public hearing and consider a recommWAtlon designating an historic landmark (H overlay zoning) on 1019 W. Oak. I Ms. Jankin: Now I believe we will consider 101e and 1 apologize for the contusion In my memo and staff report to the Planning and toning Commission. I do have the properties listed In a different order than they appear on your agenda so I started wkh 101$ l didn't do them numulaJly,1 proti.My did d*n In tl>. order ft l had the applladors. 1016 W. Oak Is a craftsman style home. h used to be a f "rhty house from IN? to 1942. There We been very few external changes to the original ebx.%;k re and it is a oomer lot with three vtsibi.r iaades. This /V , c.YfM , f 4pendaNo C!4`044 P 3 2 Minutes Agwdall Nov. 9, 1894 tkste Pape 5 property is owned by Charles Stafford and Judith Abbott and they have been working on restoratkm of this property paying very dose attention to the history of the house as a fraternity house and both as a residence within the historic district The criteria under which Ms. Abbott and Mr. Stafford have applied for dasignatlon can be found on page 63 of your packet. They met criteria under the srrbodiment of distinguishing cheraderistics of an architectural type of spedmen, kdentficatlon Is the work of an architect a nester builder, embodiments of the elements of j the arftectiral design, the relationship to the other bultdings in the I distrkt and the building was structured that because of when it is orated Is of value to neighborhood, community or the cry. The Historic landmark Commission and staff feels that this particular property and the current work that is being done to it meets the cetera which r application was nude. Ms. Russell: Is there anyone that would tike to speak In favor of the petition? Sharon Sts": I am here tonight to represent the Stafford-Abbott family, our whole famky Is here onight o support the appkdon. We We at 1016 W. Oak We ward our house to be designated as historlo. Our house was built in 1014. It Is a aWsman style house. It bMonged to two college educated women and a fratemily house. If you have any questions I would be happy to answer them. Thank you. Ms. Au": Commissioners am than any questors? Tt" You. W Abbott: ConMft the spMft tube, a speaking tube was an early ham of Intercom system and It basically was literally a tube Inbo which persons spoke. It operates a lot like two orange Mo cars on a ~ string and there's this very large hole art Into the framework around the doorway that the speaking tube apparah» came out of and It connected Into the kitchen, the original kitchen of the struc o, as wed as going up to the second floor sitting room, which Is the Bleeping porch, to that a visitor could onmurm themselves and Mrs. Long who built the house wouldn't have to walk down the skin to find out if it was a neighborhood chid or k It was somebody that she needed to get dressed to oome down stairs o talk o. This Mrs. Long is a very Interesting person. She graduated from Baylor College In 1654. She marred In the fall of that yew and than her husband died at the age of j 57 P b Z Minutes ~an~aha Nov. 9, 1994 Apaaual;e t Page 8 29 on a cattle buying trip to New Mexioo In 1899. She lived with her widowed mother, Mrs. M. A. Woodard who built the house Maggie and Howard Watt live in at 1004. The house that you all just approved historio designation for. She lived with her mother from the time that house was Wit until the time of her mother's death In 1914. The Watt +1 home at 1004 W. Oak was sold by the Woodard Estate and Mrs. Long at that point built another house. She built ft house that we now occupy and one of the things that Magpie watt first noticed about our house when she came Into It is the difference in the light In the two structures. Our house has e0 win0m, I think Maggle's has about 40 but the arrangement of the windows and the trees and the ovwhwVs on the windows make a substantial difference In the amount of light that comes Into the structure. Mrs. Long was In the habit of going... she had the sense to leave town In the summer and get out of the heat. She would either go to the west coast or she'd go to Omer or occasloMly to Europe. She was the President of the Aerial Oub at the time the decision was made to build the Woman's Club Building and was involved In the selection of Wiley Clarkson as the architect for that st-% t n. My suspicion Is that she had a professional assist her In ft devebpmeM of the plans for the house dw we occupy because it Is really a very pure styes and a,ty time you get a very pure style it wasn't typically done by the ownerpmup" The house, and Barbara will tq)* cortfUm this for you its went as srtyons associated with real estate during ft 19Ws, hat hell their breath for 1hle house. It was } s endangered of becoming a AM V lot Grace Temple looked at It at IJ one point for that purpose. My Nmband, Chem" Stafford, talked me l out of that house once. He took me out to the hoot sidewalk and pointed back at the house, pointed up at the metal roof that Is noting very bady and he Paid 'You know how good a lubricant rust Is and you want me to get up there on that roof and fix W and he talked me out of buying that house. That house was Wft on the ground and you had almost a willingness to try to fix it vxwW be grounds to have a person committed to Wichita Fells. The house has had no Ntchan sines 1962• The fraternity gutted the kitchen and until October of last year there was no kitchen In that house. I can talk about this for more time than you're vAhhV to Won. If thous are any speoft questions I'd be happy to address those questions. ry~~ Dr. Huey: Have you been able to discern the o►iglnal configuration of FL ~ ICI ii I P d Z Minutes n j Nov. 9,1984 {gendaNo Q Page T Agvdalla DatQ 4 Ms. Abbott: None of the Intarlor wells have been mov What the fraternity boys did to the house primarily was rw wve architectwel features from tiw interior firdshed details. There are no original doors on the seoond floor, things of that type. The Ant floor Is bwwly Intact The only thing they did was they ro up a partition wall in the entry hall and installed a half bath on the Ant floor ed that location. We've taken that partition wall out and relocated a half bath In anodes bcetion. Bask that's It Any other yu*$WM? Okay, thoM you very much. I wothd like to point out that my whole family is here. All of our Idds have had a m&W hand In the restoration, I'd like to Introduce you, (Sho L*oduced her husbaM and children). Ms. Russell: Thank you. Anyone else to speak in favor of the petition? Anyone to speak to opposition to the petition? Seeing none, we'll close I the public hearing. Any Anal oomt~ents? Dr. Hwy: Modem Chalman, l move approval of the historical landmark deelpnoticn for tM houa boded at 1018 W. Oak ` Ms. Flemming: I second. Ms. Russell: Any further discussion? AN In favor slg* by roWN your right hand. OPpOSed cane Sign. Motion passes Thank you, ii o, Hok1 a publio hearing and consider a moommorK ion ~ noting an hlstorb Iandmark (N •.vwW zonlng) on 1006 W. Ms. Jenkins: DespMe to nurnbws, I don't know how familiu an all of these houses are witf>irt the Even Monson at the co of Welch and Oak St. h is one of tho ls most prominent residential structures hour visible Wades and k is considered not only a pert of thenhistoric district landmark. Ntonce the Derca i consider n to be a oonxrNr~ty County Historical Muesum and k's now tiw reeiderta for Mike and Callss Reid in the descendants of the Even family and who haw also taken over operation of Evers Hardware Store. TM Reeds have app i for deNpnation on three criteria which can be found In page 80 of your pocket TM embodiment of tale d+stirogulstiirtg ctaracterisflc of an a- teclural type, value of a 1 p:1Yl jl ~geodaNo q Agsndatte Date ORDINANCE NO. 1 p( / AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY j; LOCATED AT 1018 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35-2150 ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES] PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF] AND PROVIDING FOR AN EFFECTIVE DATE. VHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark in f the City of Dentonj NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS$ BaEMION I. That the property located at 1018 West Oak Street, being more particularly described in Exhibit A attached hereto and { incorporated herein by reference, is hereby designated as a `f historic landmark under Section 35-215, Article V of Chapter 35 of = the Code of Ordinances of the City of Denton, Texas. # s' SEQrION 11, That said property herein described shall be indi- cated upon the zoning map of the City of Denton as a historic land- { mark by the letter "H", and the property herein described shall be 1 t$''%, subject to all the terms, provisions and requirements of section R 35-215, Article V of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, and such designation uhall be in addition to i any other uae dtsignation established in the City0s zoning ordi- nance applicable to such property. SECTION 111, That any person violating any provision of this ordinance shall, upon conviction be fined a sum not exceeding 4 { $2,000.00. Each day that a provision of this ordinance is violated j shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective j fourtoen (14) days from the date of its passage, and tho City Secretary is hereby directed to cause the caption of this ordinance ; to be published twice in the Denton Record-Chronioli+, the official E newspaper of the City of Denton, Texas, within ten (:`.0) days of the ditto of its passage.• , 1994. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR j page i ~ • rL. +yrf R ' ApendeNo Q~`~~ Ageada►t r • 001®_..,~.1 ATTEBTt ' JENNIFER NAMERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORM: 11IC8J1EL A. BUCEK, ACPING CITY ATTORNEY t ~n oi~ 3 11 I r'y' mmm" j4i I .~nr' ! f Y.~ Y , 1 r rY 1 Ila rYJ': r r~ i 1 ' ~f 11. r df r : r r' , , , Page 2 1 r k"Mj I 1 _ -bc, ~A n Venda No • a agendal U 00to OY/ - ' Lot 4, and a portion of Lot 3, of MOUNTS ADDIT:QN, an Addition to the city c! Denton, Dentor. County, Texas, according to the I r~+ plat thereof recorded in volume 33, page 383, Deed Records, t Denton County, Texas; and further described as follows: 320INNINO at a point on the North side of west y 105 varas mast of the Southwest corner o! a lot 80Oak 14 Street, 4 Mounts and wife to C. Lipscomb, said point being also the Southwest corner of a lot conveyed by J.A. Long and wifa to M Back rs. MA, Woodward by deed dated March 2C, !897, recorded in i ' Texas, page 306, of the Deed Pecords Of Denton TNZNCE North 70 varas to South line of Mounts Aver.:e, U.0 Northwest corner of Mrs. M.A. Woodward's let; THENCE Nest along the South Aide of Mounts Avenue, to the Northwo;t corner of Lot No. 4, Mounts Additica torth city of D the salon; , THENCE South vitF the hest line of said Lot No, 4 at ?C varas, Southwest corner on the Nor.!: lire of Oak Strout; THENCE East with the North side of Oak street, •S va:as, to % the PLACv Or DEOiNNINO. 1!. r. a i ' r t i i v ~w q -t$4 r,0 Agendalter~'!„~~.~ DATE: December 6, 1994 CITY COUNCIL REPORT 1 O TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager a Y 1 SUBJECT: Historic Landmark Designation for 1036 W Oak i ' sr yiA RECOMMENDATION: ~'Y+r+k "r.' ,r~ ,ti•, ^`o The Historic Landmark Commission recommends approval 6-0. bq The Planning and Zoning :ommission recommends approval 6-0, Staff recommends'3pproval. t ` i T s $[MMARY: ` ;5 { }'at. The owner of the above referenced r r property hae submitted a final application for Historic Landmark designation, The structure is a residence located inside the boundaries of the ar Oak-Hickory Historic District, The City of Denton Historic Preservation ordinance establishe3 ^ r that the proper-ty must meet one or more of thirteen criterion j get forth In the ordnance. The owners have submitted the ; property under she following criteria (found on page 16 of the application): 34 Embodiment of distinguishing characteristics of an architectural style or specimen, t~ It. Identification with a person or persona who significantly contributed to the culture and development of the City, State, or United States. 13. Value as an aspect of community sentiment or public y ~r pride, BAC1tdROJNb1 I ` `SF •y ' 1036 W. Oak is a Classic Revival style residence. Situated on , a ptomJnent corner lot with three visible facades, this struccure is considered community landmark. Known as the r' Evers mansion, this building once housed Denton County Historical Museum and is currently home to descendants of the Evers family. 'I a , r e t•. ~r i 105 W • EXHIBIT •'a" 'QAe~d04uated BEIN G all that certain lot, tract or parcel of l the E. Puchalski Survey, Abstract No. 996 in the City of Denton, j Denton County, Texas, and being that same tract of land described as the first tract by Deed to A. F. Evers, Jr. as recorded in volume 461, Page 629 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod at the intersection of the South line of hest Oak Street with the East tine of Welch Street; THENCE North 89 degrees 45 minutes 26 seconds East with the South line of West Oak Street, 170.0Q feet to an iron rod for corner, said corner being South 89 digress 45 minutes 26 seconds 14est, 8.57 feet from a found iron rod at the Northwest corner of a tract of land described by Deed to Boyd at ux as recorded in Volume 1060, Page 122, Deed Records, Denton County, Texas; THENC:. South parallel with the East line of Welch Street, 316.51 feet to an iron rod for corner in the North line of West j Hickory Street, said corner being South 89 degrees 51 minutes 43 ■econda West, 6.9 feet from the Southwest corner of a tract of land described by Deed to C. Lauderdale at ux as recorded in Volume 2659, Page 441, Real Property Records, Denton County, Texas; THENCE North 89 degrees 51 minutes 43 seconds West with the North line of West Hickory Street, 170.00 feet to an iron rod for corner at the intersection with the East line of Welch 1 Street; i THENCE North with the East line of Welch'Strest, 316.38 feet to f the POINT OF BEGINNING. y. 1 f 1 ,w. flea ~eadaNo ` Historic Designation 48odall f 1035 W. Oak ' qPage z 3 0pao t UHOUPS AFFECTED: DEPARTIlHNTSt OR PROGRAMS 9'he City of Denton Historic Landmark Commission rtl"i•. Oak/Hickory Historic District A } 1 1 ; , i' i FISCAL IMPACT: Designation w,+.ll qualify the property owners for a 50% tax abatement of City of Denton taxes for the next ten years. . Reap Pully s b ittedr k~,` * t L ~''~y ' 1,~ xJ i 4u •t'r", ep = loyd V. Harrell '1 , • CSty Manager u r 1 y,: w~ a Je n0' ter, a + ' ! aatva ion Officer r. M 1 are i 4rn di 0d ins, AICP 1xed6tiV4rector planning and Development F rr' W . p ' d 4 ~ 1 rw G,- , r , rr..1 yr, rls ~9{ dpi •t a • i ' cY7p6 LUMI MINUTES Historic Landmark Commission September 30, 1994 P ~sndah'o ~ v'~J y The a!xecial called meeting of the Historic Landmark Commission of the,Ci WZA fi ? 12:0,0 p.m. (noon) in the Civil Defense Room of the Municipal Building based j "Suet on Friday, September 30, 1994. a Proseni Judith Abbott, Suzanne Byron, Judy Cole, Jim Kirkpatrick, Bullld Lowry, and 'S 'o, ct Mark Merki Absent: Rita Holcomb, Kenneth Morgan, and Alan Smart r a ; Presentdrom Staff: Jane Jenkins Biles, Preservation Officer and Donna Bateman, Planning j "'P. Techniolan f E , , t Chairwoman Abbott called the meeting to order. III. Hold a public hearing and consider historic landmark designation for 1035 W. Oak Street. l V Ft' Y Ps ; W. Abbott opened the public hearing. 1+4 .fit r 4': urn 'j. IN FAV013: Mr. Mike Red, owner of the house was present to speak In favor of the ' request and to answer any questions the Commission had. OPPOSED: No one was present to speak in opposition of the request. RECOMMENDATION: Ms. Jenkins Giles stated that staff recommended approval of the . ti r; Me. Abbott closed the pO,io hearing. ; " G DECISION Mr, Lowry moved to approve the final application for historic designation for 1035 W. Oak Street. It was seconded by Ms. Byron and unanimously cabled (6-0). f fl. Hold a publio hearing and consider historic landmark designation for 1004 W. Os;C SIV441. Ms. AbbA opened the publio hearing. i~ IN FAVOR: No one was present to speak In favor of the request, OPPOSED: No one was present to speak in opposition of the request. RECOMMENDATION: Ms. Jenkins Bdes stated that staff recommended approval of the requ"L Ms. Abbott clued the public hearing. AA6 DECISION: Mr. Lowry moved to approve the final application for histodo designation fof l 1004 W. Oak Street. It was seconded by Ms. Byron and unanimously carried (5.0).''~ 1 HL O MINUTES September 30. 1894 Page 2 01 2 kgendaNa 44 CLIO AgandaEt eta 4 I Ms. Abbott left the meeting. O 7~,1 o1(J Mr. Kirkpatrick arrived. j I. Hold a public hearing and consider historic landmark designation for 1018 W. Oak Street. Mr. Lowry opened the public hea ing. IN FAVOR: Mr. Stafford was present to speak in favor of the request and to ainswer any questions the Commission had. OPPOSED: No one was present to speak In opposition of the request, RECOMMENDATION: Ms. Jenkins Bites stated that staff recommended request approval of the r Mr. Lowry closed the pubiio hearing. DECISION: Ms. Cole moved to approve the final application for historic designation for 1018 W. Oak Street. It was seconded by Ms. Byron and unanimously carried (8-0). IV. Future Agenda Items. Mr. Lowry asked that discussion of the fire on the square and the designation of the square as a historic district be placed on the future agenda. ! Mr. Merld moved to adjourn the meeting at 12:50 p.m. It was seconded by Ms. Cote and wt nimousy canted Hold a sWoonmittso meeting to discuss proposals submitted In response to the RFP for Inventory of Historic Resources. The suboommittea agreed that the two most qualified " proposals were from Newtan and I Niedoraurer. The subcommittee agreed to request that the Commission hire the firm of Nowlon !o oonduct the Inventory. The reoommendstton was moved by Mr. Lowry and h 1 • seconded by Ms. Byron and carried (4-0). n The subcommittee adjourned at 1:12 p.m. K `'r1 &OP ~R HISTORIC LANDMRlC ZONING PETITION FINAL APPLICATION A90{1dal~ CITY OF DEMON, TEXAS 18 SITE ADDRESS: 103 w ote sf be9yll . 71g2ot LEGAL DESCRIPTION (LOT AND BLOCK OR MI ES AND BOWES - ATTACH EXHIBIT "A, if NECESSARY): rT y t 4Q r. I` ~ f PRESENT USE: R SlA6,J C6 ZONING: I i (Also cosplet 1 ~ wss OF TELEPHONE OHM(S) ADDRESS MWER, I ~1ru ",tl ~rGl~ /03s W ear/1( Srt. 3YQ i 21 S 1Hc/2 1 A" ~r a AgendaNo_ CONSTRUCTION/DESCRIPTION: (Also Complete Exhibit "C") Ape,toltB 1) DATE BUILT: / Q We 2) ARCHITECTURAL. STYLE OR PERIOD: C 5l Vf G S { 3) DISTINCTIVE ARO(ITECTURAL. FEATUI'FS (OESIGN, DETAIL, MATERIALS OR CRAFTS- MANSHIP): i 4) ARCHITECT: Aw71d T S) BUILDER: ~~frT1~ C T OF :-m) ,ark 6) EXTERIOR MATMIAL: P_ YPR~st s:D,N6 f 7) ROOFING: 6) DOORS: 4 ~M woo'- O rJ ('16R 9). WINDOMS: l or Q t 3 ' x 0 S,dF+tE u04;11 i 10) PORCHES3 fkAy fR",e go Ag m iI) 'jUtWILOINGS: CARRfQbG NO~JI Jf MAi r 12) LANDSCAPIN4 AND FENCING: ajj6yf-Ar OCO Ft:+u' F , MDR / NATIONAL, MOISTER? NATIONAL LANOMARiI? PLI O M TEXAS LANDMARK? LOCAL SURVEYS OR RE=TION? J 2131k/4 j J bYYY~ M1 , EXHIBIT "A" AgAndaNO Agerda I ! 14 ' LEGAL DESCRIPTION its 1 10 t ;.ft [/YV i i i', sYf /?r~ Fr -ru cvRNS~'~ ' 3 D T TD CoQr1L~' G SrDt a~ K'~ y . . or. F'r ~ C~'l=;v~t 4~ +c tl 7 P ~ w c r-t r; l r n yD f1 Y P \A'I ,'~Ir ipA V V.4~4 ~ .Y~ lL~ b I~ J I V, ' i . WIVS ,t . ..~1 •.•••~-n..n~N'wM«.AM:MY.I~.I:Y~.Mh`~.XMI..SAILNt?I~~YNw,rv,M.:,.~,uMn.4'...L.,.:..n4 Yea.,...•.«...«..+...I......a.•.. .w ~.enr «.,~..rrr w..n~W+s.' 5. t.I n, b' ~ C t1fq 8 ~ ~;i,' EXHMT .8. { 9Dezd~Me a n,ru,, OF TITU aAe~da~r, Instructions:, List the [title ` ornerahip title from the present to or! 4 1) List this information anal owner. beginning with most recent, _ 2) Attach copies of each instrument. K , a y I.n M-DEED ~ISTRUENT OATS YOLUhE/PAGz S/ (MARRANTI OEEQ)4L PROP.. RECORDS e- r: ► rf P 7471 ' t r J r a. r I r { al + r, Y 21SW6 C r Y a 1 (1 R JP e `M•'°^.'N+N+eal'rviw+n.....vror..xa+«,.,.. .r 1. 1 EXHIBIT NCO CONSTRUCTION ~ Indshla ~ Ag6ndal Instructions: X319 } List chronologically and with as was bullt~ bulkier, cost of detail as possi~7~, dates he struct re improvemants, improvements and detaller desceiptlons of ! Include any significant remodeling rith rML tpartlcular ettentlon to V` exterlor changes. Attach Cop16S of all buildinP t r deeds of trust + mechanic's liens end f CONTRACTOR'S TYPE OF OATS ACT DETAILED DESCRIPTION NATURE OF WM LEGAL COST INSTRUFENT~ , X! u 9~16W a~lr /1 s L JOJ 8t .i r i } - 1 f!/a t F wc~u aDki ~ 30$ ~R,PP f ?J- 1 lryyw jt iJ 7 t A r v) ',1MM~W~'Vrdi§n'r.deW.Md+.wFA♦ '.+.'rvi.',..j,yN,a, ,,^tirnrli r; ti•r.:r..r..., .r. ,r. r •/r1:V rR JAA V..vFln.y-..wrdf..l avy.L ..wti i(~~'~ I fr A ~~Sr~M n . r.riw r ~M ~n',w riV 1 y I EXMISIT now nI ~ E SURVEY ~gendaNo ~ ~ ~ 4 j s Agonda! Instructions: 1) Attach subdivision map or old Town Plat; 2) attach (J ' Copy of old surveys you have and' the on-the-ground.survey when yyou purchased the ; Current on-the-ground survey locating all improvements, eisan~enrta, amass to f{ ! public roads, public improvientso encroachments and protrusions. { i , I E I s w n i t 1 I l A' L' i El~+IaiT "Em rrt1) Pns "Imp we outou ~ tom. I -1 .rk J ! n 1 t , .p. w 1 i* •w ~ r 1 7 I i f A f 1 a .L'1. •4 a .._,........,..a.an ~,u„..~ ..,~`~,,r~,,.~ti~U~i.7..if~i.f1i:.9~ti~i AV levy gGo ~ ~ "flffllfllY~' .s _ y4..I C1 17 ' EXHIBIT •F" 141wo a,IdaNa "I Criteria to be used in Historical Landmark Des ~ We The Petitioner will be responsible for furnishing data to the Plaming Development Department for submittal to the Landmark Commission swatantlating that the property meets at least one or more of the following 13 criterion for Historic Landmark designation: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 2. Recognition as a recorded Texas historic landmark, a naticnal luidmsrk, or entered into the National Register of Historic Places. 3. E+roodiment of distinguishing characteristics of an architectural type or specimen. 4. Identification as the work of an architect or master tiullder 0hosa individual work has influenced the development of the city. 3. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. I 6. Relati ites. which arse toigibloth for presnation axon' ato a or ergs architectural, hlstoric or cultural motif to a plan based on f 7. Portrayal of the environment of a group of people in an area of history Owacterired by a distinctive architectural style. 8. Archaeological value in that it has produced or can be expected to produce data affectirq theories of historic or prehistoric interest. s 9. Exeeplification of the cultural, economic, social, ethnlG'or historical heritage of the City, State or United States. I la. Location as the site of a sig1ticant historic event. 11. Identification with a person or persons who algnificntly I contributed to the culture and development of tens City, State or United States. 7 12. A ou Lng or structure that because of its location has become of value to a neighborhood, cammKnity Ares, or the city. 13. Value as on aspect of community sentiment or public pride. i 21S1k/14 4 a1 I + EXHIBIT NGN J49GAOalts ~ ~ I/Me, the undersigned, owner(s) of, or Party(%) with financietWterest ln, all property herein descrioed, do hereby file trds, my/our petition, c n prroovisiionsaof O~inardncetieuf30 o tLeheaCoCehoftoildinancei of t~i~iCitty of m,. Denton, Texas, I/No herewith tender the filing fee of sixty-five dollars ($65.00). I/Wq authorize the City of Denton to place a sign or signs on the above property for public notification of the proposed historic dasignatlan. Nine Address u'. . , City State a Phone L Y b " Woitted this day of 199 yV3 y~ s K i~ r r ~ i P 1 A i WWII a d y ~y 1i Vowt r ~ ~:Wf{}'i/f~cf~4?`1~.7u1~.`~t.wq.T~. ~r.•. .fN ,s..,..r .r. n .W ~ .....r la..r , •pr ati. ,ew OPTIONAL. INFORMATION 1oendaNo Q~ INTERIOR PHOTOGRAPHS AAeiDd"alte ` ~ Instructional At your option, you my attach ha IM to the character f tie hour Nos of interior architecturai deta, ie that { J , e 1V've J , ) T1 rl AI r, 7+ r I, r A i r YYYSSs r Y 1 I lei f , 213IW11' 10 3 r.', 0.nnJ6wr.Www+Fhwrres„r.rn~,....,....,..._... r. n..s .w-.~~...... ~.~Y l r . r : M'; V4 r t Conde No. • 1 west 0 A s~r «1 ~ ,vey~s•t~•f i~oao• ~ ~ b~ . VIA ~ , 's.. Ij• ` tt b.N. I 3 i a 1i ~ J 1J • Il ,I a j, 4LJ 1 qq 01 :0;/ N/o t Olt Atrts ~+f ,fit j~ I!J 40 io~ ~ ~ N e9'S!'I!' w. NOca' ; lNtSf H!tEe/~ r. 9 : i P & 2 Minutes , Nov. 9, 1994 ~gendaNo Page 7 Agsrds! e W Date 1 CO Ms. Abbott: None of the Interior wafts have been moved. What the fraternity boys did to the house primarily was remove architectural features from the interior finished details. There are no odginal doors on the second floor, things of that type. The first floor Is basically Intact The only thing they did was they put up a partition wail in the entry hell and installed P half bath on the first low at that location. We've taken that partition wall out and relocated a half bath In another location. Uslcally, that's It Any other quesWm? Okay, thank you very much. would tike to point out that my whole famiy Is here. All of our kids have had a major had in the restoration. I'd tike to introduce you. (She introduced her husband and children). Ms. Russell: Thank you. Anyone else to speak in favor of the petition? Anyone to speak In opposition to the petition? Seeing none, well close the public hearing. Any final oomments? Dr. Huey: Madan Chatrmwn I mow approval of the historical landmark I designation for the how" located at 1018 W. Oak. r Ms. Plernrning: I second. Ms. Russell: Any further discussion? M In favor signify by raising your right hand. Opposed carne sipn. Motion passes Thank you. C. Hold a ptM hearing and owdWer a recommendation deson"M an histodo Mrtdmark (H overlay zoning) on 1036 W. Oak Ms. Jenkins: Despite the number, I don't know how familiar you an all f of these housee are wM*i spMft dW"A of each other and this one Is ! the Even Mansion at the comer of Welch and Oak St It Is one of the most prominent rselder" structures In our community. It has tree vWble facades and It Is considered not orgy a part of the Worio disMct but I think may people In the community consider It to be a oommunity landmark It once housed the Donlon County Histo" Museum and We now the residence for Mike and C4k Field In the desoendants of the j Even tan>Ny and who haw also taken over operation of Even Hardware Store. The Reads hew applled for dedpnstion on three orlterh which osn be found in page 80 of your packet The embodiment of the distinguhhing charwaristio of an archtectuni type, value of a 7. ■w a amp i I P & Z Minutes Nov. 9, 1994 geodaNo..~ Page a community sentiment of public pride and identification vAth a Person or persons who significantly contributed to the cultural development of 1Ns city. The staff and the Historic Landmark Commission believe that the Reid's application has meet ail the criteria under which they appiied. Ms. Russell: Anyone to speak In favor of the petition? Anyone to speak in opposldon to the petition? Seeing none we will close the pubilo hearing. Any rernarks, comment or a motion? Ms, JeNdns: I'd like to comment that Mr. and Mrs. Reid could not be here tonight but I'll try to answer any questions if you have any of that I PMP". Dr. Huey: Madam Chairman f have a question, just out of curiosity. On e 74 d*w hegwas fa part of ftige. Ahe~rlartd rPalo IFr torn Austin. Do we know if { Ms. Axons: I personally do not know, Ms. Abbott might know. Ms. Abbf I believe the source of flat Informa&m is Mdse Coom, s - . and I don't know the srswa to 5 your question. I do know tftet as with tits Watt' how" in years to come people a* going to reoognin the nebnadon work that Is" Mdfer his but IMO strucks" We In Denton and that hu rtarrs Is going to beoonw associated. At Wo point in time Ws so bound up v ft the Even house because she supervised the pw ' netoratlon •s well as -q rnet of the Watts' house. I don't know about ft reetonayon , Peig" of Austin. , Mr. Norton: I move that we approve 1036 W, Oak as a Nstoft f landmark. Ms. Schutz: Ill second, f Ms. Russell: Any hWw discuss m? All In favor raise your right hand. AM { oPPoled saute sign. Motion passes. (60) Thank you very much. 1 IV. Hold a ptsblb hearing and consider ft* preliminary replet of a portion of the R. E. Pond addition plus unpiatted land Into tots t and 2, Block A of the Sleep Inn addidon. The 4.206 acre site is located rou" both lrttanfate 35E and Undsey Street and nom of Willo SU)W 4 f D fv i 1 ~sw I +IOSShI~t.ord 4'6ndaNc G apcndait j ORDINANCE NO. Qlt9 ` I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 1035 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES] PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark in ` the City of Dentont NOW, THEREFORE, f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI SECTION I. That the property located at 1035 West Oak Street, r being more particularly described in Exhibit A attached hereto and E incorporated herein by reference, is hereby designated as a historic landmark under Section 35-215, Article V of Chapter 35 of the Code of ordinances of the City of Denton, Texas. SECTION Ii. That said property herein described shall be indi- catedupon the zoning map of the City of Denton as a historic land s mark by the letter "H", and the property herein described shall be subject to all the terms, provisions and requirements of Section r., 35-2150 Article V at Chapter 35 of the Code of Ordinances of the 11 City of Denton, Texas, and such designation shall be in addition to s r y} any, other use designation established in the city's toning ordi- nance applicable to such property. SECTION Iii. That any person violating any provision of this { ordinance shall, upon conviction be fined a sum not exceeding' $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, SECTION IV. That this ordinance shall become effective E fourteen (14) days from the date of its panrage, and the City ~ Secretary is hereby directed to cause the caption of this ordinance I r,1: ? to he published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR _ I Page i skw I . r i 1 AgendaNo a ,idal j ATTEST] ~s18 f JENNIFER NALTERSO CITY SECRETARY 0["/~. i BYs APPROVED AS TO LEGAL FOR?!t Y MICHAEL A. BUCEKr ACTING CITY ATTORNEY bye - It t,, r l f ~ •n 11 4. f{ 1, 1 u a ~ i. r} I r; Page 2 i j 1 aL'wFJ~t~!e~~'~W~1~4{~(~e' Ie ! r ' r , 1 i f CITY COUNCIL- r r, r. t ,ss ws.~..r sic AW&I DATE: December 6, 1994 CITY COUNCIL REPORT , pal TO: Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT: Historic Landmark Designation for 1004 W. Oak ~ RECOMMENDATIONI The Historic Landmark Commission recommends approval 6-0. a The Planning and Zoning Commission recommends approval 6-0. SUMMARYI r ;f The, owner of the above referenced property has submitted a + final application for Historic Landmark designation, The ryT{ structure is a residence located inside the boundaries of the , Oak-Hickory Historic District. A . a The City of Denton Historic Preservation ordinance establishes `r that the property must meet one or more of thirteen criterion set forth in the ordinance. The owners have eubmitted•the property under the following criteria (found on page 16 of the ti applioation)t 1. Character, interest or value a part of the x development, heritago or cultural characteristics, } of the City of Denton, State of Texas or the United states. 30 Embodiment of distinguishing characteristics of an fl architectural style or specimen. 6. Relationship to other distinctive buildings, sites 4 or areas which are eligible for preservation ' according to a plan based on architectural, I r' historic or cultural motif, ~r''• 12. A building or st^uoturs that because of its location has become of value to a neighborhood, r community area or the city. 13. Value as an aspect of community sentiment or public pride. . I Agen4aNo ' Arend Historic Designation 1004 W. Oak Page 2 •v.,j) BACKGROUND: 1004 W. Oak is a Queen Anne Victorian style residence that has a undergone extensive exterior and interior restoration. The owners have submitted the project for the Great American Homes award program. 1 PROGRAMSo DEPARTMENTS, OR GROUPS AFFECTEW r~ The City of Denton Historic Landmark Commission Oak/Hickory Historic District ! yr I FISCAL INPACTr j ° Designation will quality the property owners for a 50% tax rv.,. abatement of City of Denton taxes for the next ten yearn. y Reap f(311Y submit " Lloyd V. Harrell City Manager s4 J n Jenk j t rep r t; a 9rvatl n Officer H f "f l 41 Approved: " f Ir if f ~l " ~ r r " S ff fff PrAnk Robbiha AICP 4 Exe0utiv0 Director Planning and Development r; f i 1 MINUTES Q/ Historic Landmark Commission ~Gaadaiva September 300 1994 , Apid i [kilo I e special called meeting of the Histodo Landmark Commission of the City of Denton was held at 12:00 p.m. (noon) in the Civil Def9nse Room of the Municipal Building located at 21 . McKinney Street on Friday, September 30, 1994. Present: Judith Abbott, Suzanne Byron, Judy Cole, Jim Kirkpatrick, Bullitt Lowry, and Mark Merki Absent Rita Holcomb, Kenneth Morgan, and Alan Smart i Present from Staff: Jane Jenkins Biles, Preservation Officer and Donna Bateman, Planning i Tadtnloian Chairwomen Abbott called the meeting to order. i lII. Hold a public hearing and conalder histork landmark designation for 1035 W. Oak Street. i I Me. Abbott f opened the pubb hearing.. ~ IN FAVOR: Mr. Mike R91d, owner of the house was present to speak in favor of the request and to answer any questions the Commission had. F f i 'OPPOSED: No one was present to speak In opposition of the request. RECOMMENDATION: Me. Jenkins Bites stated that staff recommended approval of the ~ requa , r' Ms. Abbott closed the public hsadrig. DECISION Mr. Lowry moved to approve the final t application for historic designation for ~ t 1033 W. Oak Street. It was seconded by Ms. Byron and unanimously carried (5.0). 11, Hold a public hearing and consider historic landmark designation for 1004 W. Oak Street. ! Ms. Abbott opened the public headog, IN FAVOR: No one was present to speak In favor of the req,rest. OPPOSED: No one was present to speak In opposition of the request. r RECOMMENDATION: Ms. Jenkinn Bites stated that staff recommended approval of the roqueet. Ms. Abbott closed the public hearing, s DECISION: W. Oak Street. Lowry It was s tecondNed by Ms Bfinal applicAtion for yron and unanimohuslycardeed~p~ for 3 y HLC MIf1UTES September 30, 1994 Page 2 of 2 AaendaNo Ageadal a Date Ms. Abbott left the meeting. JA $ Mr. Kirkpatrick arrived. 1. Hold a public hearing and consider historic landmark designation for 1018 W. Oak Street. d Mr. Lowry opened the public hearing. IN FAVOR: Mr. Stafford was present to speak In favor of the request and to answer any questions the Commission had OPPOSED: No one was present to speak In opposhion of the request. RECOMMENDATION: Ms. Jenkins Biles stated that staff recommended approval of the request. Mr. Lowry closed the public hearing. DECISION: Ms. Cole moved to approve the final application for historic designation for 1 1018 W. Oak Street. It was seconded by Ms. Byron and unanimously carried (8.0). IV. Future Agenda Items. Mr. Lowry asked that discussion of the itre on the square and the designation of the ; square as a historic district be placed on the future agwJa. i Mr. Marki moved to adjourn the meeting at 12:50 p.m. It was seconded by Ms. Code and unanimously carried a .f } Hold a subcommittee meeting to discuss proposals submitted in response to the RFP for Inventory of Historic Resources: ; The subcommNtee agreed that the two most qualified proposals were from Newlan and Nisderaurer. The subcommittee agreed to request that the commission hire the firm of Newian to conduct the inventory. The roe mmendation was moved by Mr. Lowry and seconded by Ms. Byron and carried (4-0). The subcommittee adtoumed at 1:12 p.m. I 1 d a 1 HISTORIC LANDMW ZONING PETITION ~hen~aNo FINAL APPLICATION , MY OF DEN11ONs TEXAS SITE ADDRESS: /vo~ , S 5 l w-aa v o~~ i LEGAL, DESCRIPTION OR METES AND BOUNDS ,y EXHIBIT "A" IF NEC l PRESENT USE, IF NOT RELATIONSHIP OF APP QIRRELiT OWNER ZONING: }I Z (Also coglete Exhibit "B") NAME OF OWER(S) ADDRESS TFLEPIpNE NUMBER ~ ~ oo~ly o _ • ~ a~f Ai~.S~~ ~ oar--~ 1 21Slk/3 CONSTRUCTION/DESCRIPTION: Ag6ndaNo v f d 1) DATE(S) OF HISTORICAL OCQ1MME1 CONSTRUCTION OF FEATUhs; TUTION OR ARCHAEOLOGICAL SITE: 2) DOIDNSTRATE THE IMPORTANCE OF THE EVEM, FEATURE, PERSON OR INSTITUTION. DETAILED EXPLANATION OF *fY THIS SITE MARKER WILL BE OF IMPORTANCE TO THE ENTIRE 0041NITY. (complete Exhibit "A") S) DOaMffATION USED TO VERIFY AM- ATTACH COPIES FOR PERMANENT FILES. (NEWSPAPERSo OOVFRNWENT RECORDS, HISTORY BOORS, PHOTOGRAPHS, etc.) Label as l'xhlbit 'B"s National m lster2 Recorded Texas LarAsarkt f Lool surreys or recognition 4) ARCHITECT: _&e~e,^n Ito t-MokA -dlerk ' 5) BUILDER: d) EXTERIOR MATERIAL: 7) ROOFING: f,o__4 - ~G46/`_ E) DOORS: ![inodS o s.4 - ',e-mss/e c_ r _ V S) WINDOWS: ureel~ :S'o s~ - 4/a < s 6 Z 10) PORCN85: t1L2fl4 11) •OUTBUILDINGS: o Rn~ftLw j Id - LANDSCAPING . ? AND FH~lC.IiG.. i `C f . f f, 21S1k// h POT wwr ~,ww I I EXHIBIT "L" LEGAL DESCRIPTION f AuodaMo ~`1 fC J Dtite . 7 0(:7 Y is i`- t l + i c', r r aP r t i t w!; 21SIVS . i FJOiIBIT "IY~ OWN OF TITLE OF SITE AND/OR ENTERPRISE ~eodaNo { ~gaadait Instructions: List the ownership title from the present to orjg nal own r, 1) List this inforug"On beginning with most recent. o Yak 2) Attach copies of each instrumnt. TYPE OF BOOK-DEED INS'11 LNW GATE y0~ X" OF OWNER(S) (WARRANTY DEC) REO= E. , a R~., tP~.P I zdl op CI O . a. z6-a -ay , i r 't 41- 1,37, an 92 t , s ^1 t } . 2l ilic/6 J a S. ner..ysTNn. p.Nn...v•.. i..ati.o: v. •,.t y v...w..v.. r... -SY FsYyi4t. I I EXHIBIT "E" o OONSTRUCIION genOaNo. (iVhere Applicable) ti(~~AColi i Ctd~dsf~ Instructions: List chronologically and with as much detail as dates s was built, builder, cost of Improvements, and deeailedldescriptio of tructure improvements. Include any significant remodeling with particular attention to ; exterior changes. Attach copies of all building penal a, mechanic's lien$ and deeds of.trust. I ~ TYPE OF OOMi`RACMR'S DETAILED DESCRIFTiON k DATE - NAM A NATURE OF MT I ~A ; i z 41 E 1jVWM AND FACT; j d t t++ r f Y { r r Y Y r' I 21 S lk/7 I Ll I . I ' • ya+w u... nti..nb q ti'snn.s.x ....n. 'Y r' I SURVEYS +~®ndak0 `t `FAQ ,■I 4B3nda1t Instructions: Ik1e 1) Attach subdivision yap or Old Town p]at; 2} attach coPy have and the on-the- round survey when you purchased the of old surveys Yom`' property, or a current on-the-ground survey locating all improvements, easements, access to public roads, public improvements, encroachments and protrusions. i } i Sy 1 I i {4~ a Jf 1 Spa i C if M ,F' a :1sliEta ~ f. i f EXHIBIT "C' EXTERIOR PHOTOGRAPHS r, - Instructions: Attach at least four (4) photographs of the Historical Starker site, one from each direction (North, East, South, West). (All photos shall be 3 x S or , " larger.) I1O(~C~W ,a'OU TN ~ M r -ta EAS 'r 1 r ` t 2 WAS T 1 Y No2TH i V 1 a i EXHIBIT 111f I I Criteria to be used in Historical Landmark Uesi natiotsldaNo. L A~nMl The petitioner will be responsible for furnishing data to the Plafl1tal 1 thatlthe propertytmeetsfat leasttone or mothe re of theLandmark foolloo ingo13scriteriontfoorr Historic ndmark designation: 1. Chartcter, interest or value as rt of the i f heritage or cultural characteristics of the Cityloff Denton, j State of Texas, or the United States. 2. Recognition as a recorded Texas historic landmark, a natlor: landmark, or entered Into the National Register of Historic Places. i V 3. Embodiment of distinguishing characteristics of an architectural type or specimen. Identification as the work of an architect or master builder whose individual work has Influenced the development of the city. S. Embodiment of elements of architectural design, materials or craftsmanship which represent asignificant architectural innovation. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. 74 Portrayal of the environment of a group of ppeeoopple in an area of history characterized by a distinctive architectural style. j 8, Archaeological value in that it has produced or can'be expected to produce data 'affecting theories of historic or prehistoric 5 interest, 9. Exempllficition of the cultural, economic, social, ethnic or j historical heritage of the City, State or United States. r t•, l r~r F 10. Location as tbo site of a significant historic event, „ 11, Weatification with a person or persons who significantly contributed to the culture and development of O e City, State or United States, 12, A building or structure that because of Its location has become i of value to a neighborhood, comity area, or the city, 13. Value as an aspect of community sentiment or ~ public pride. 2!Slk/10 i • l i . S a 7 EXHIBIT I'll, Me. the undersi 8e►d3hlO. q~0~0 fined, owner(s) of, or party(s) with financ est In all property herein described, do hereby file this$ ey/our ~ ,1 IInn that tM safd property be designated as a historic lu►durk the provisions of Ordinance 090-30 of the Code of Ordinances of the City of Denton, Texas.Q I/We nertwi th tender the filing fee of sixty-five dollars (365,00). Itife authorize the City of Denton to place a sign or sips on the above property for public notification of the proposed historic designation, ! xae Iva/ Address DO nwor k Cit x y s<on State r.1 f Phone 'ird•ers- Submitted this day of 199 1 CMEM'S FROM LF)GAL DFpARItAOff: f A , I. 1.•, ] L •r ..0011~'NI$ PAOi'[ PRAIA H. RO'18INS2 ~ 1 3 : 21Sllt/Il a V wn. „ - SNR'MtG`wv~RrM .:1 r.: ,1 r.,. . r-,,•_.. ~ r OnIONAh INFORMATION ~eojotLr INTERIOR PHOTOGRAPHS kg5riOlt r Instructions: At your option, you spy attach photos of interior architectural details that 1 add to the character of the house. I - i j I i M ' ~ J7{I , . A,T y L s tl IWI x I ~ li r 1 ice...»...,.r,.w...,war..r w.rlea.:w wa+iY xr.r;. K.~.,i....4, bn. 'I, ,e.-~; o - ' M2S73 X312 400.2 No EXHIBIT A 7.iR7~lt8 P]tL0 NOt[S to all that car-gain tract of land situated to the e D Suever Abatrsc.t Number 996, City of Deatio, Deaton.Coupt Puehalskt that part of Lots 2 and 5 of the V.H. Mounts Addi recorded It Yo,lums SS0 tion ai~shovts0ysthabPlat Nsreof Pege 381 of the I Texas deitribed to the Dead from N. J. TalleyGraed t uzRaeeede el Denton County, . bolus Nor* to Must 3761 Page 514 of th to N bolus e said Dead tecordel the sub~act tract rs ca Particularly described as followst V' Lmstct ut >fEp:NNil10 for the Southeast Corner of the herein Srrehrask Corner of described tract at the the Lamtrlp Tract in the North Line of Veit Oak Street at a 1/2 loeb iron sod found 1t the Southwest Carpet of the War from Mylsata Monte to Ray Hoyesm et ux recorded to tvolual, 8 Pass 360 ract describid in the of the "Al property Records of Denton County, Taxes. end bean eat foot. Vast of the Southeast Corner of Lot 2 of the Mounts Addition, led to be, 63 THINCt North at Degrees 04 Minutes 30 Seconds Vast with the North Lime of Val Oak street ! l Corner of Lot 3 egging continuing along the ga at Corner of Lot 2 and the Southeast of J15.16 trot to a 112 inch Iran rod ratcfoesy i° •11! a coral dlstesea ' , ~tM Sovthvut Coraes of the 'to Delta , Lentrlp Tract add the Southwest Corner of the reset described it the Died from -Co & phi }y;' etostbe AlrallReDeed Recerd~lied belnsrGctnO~ trr's"Id It Volvo* g1de pest 594 a ratairins wally from the edge of a aedecste ~'t r UM North 01 Degrees 1) Minutes 10 Socendi grit savaging Lot S a d . ~ '--19442 lest to • 'Yo got go ' a concrete drivevar at the base of a cooetote retalalnS wall for the Northwest Corder of the Eentrip tract mild the Northeast f Cata oke of tea Mlta SJ„a Ph! Tract In the South Llna of psa Moires A 0W ss ileac! (formerly , x 39 ` 1'MtMCS StrW Cagrseo 04 Minutes JO Saaends toot wttb the Stith Liao of Ora straeta; passing the Nortbeast Corner of Let 5 and the f and OedtlrulnS aloes the twee scares, in all, a tttalafl esetoCe! otSofi fore to 4 1/2 inch Iron red found at the Northeast Coraor of + r~ r 3 the said Moyers. Treat IV&"& South bl Degrees 15 Mlrates 10 Secende Vest eererinS Let ! ales ea eatablis O,ilaeleadaaeraselnlaedof 194,2 feat to loslas r the PLACS or ls0lMMNlNt? and .~^4 y A6 !r f x7 V x' r V ge~MaNo. Exhibit A chitectural at le The house is a restoration of as as Y from the turn of the century that rill help the citizens j of Denton to understand chat our city in part looked, like } K 1 in the year 1900. The exterior of the house was restored with attention to historic accuracy. A \ ( i f ~ ~ r I A . 1 +Yr r J~r~~u Y ri I1 ~ Lr % r~~rr{IK s~VS r ~ I '.i 'L~~ ~,AN' J Y 1 E ~ Y 1 4f Y ' Ir , r~ ' ' II; t I. .'fir ri r \ ' yL. w I y~ r ; rl j ~ `s y Aa. j . _ p~ r Jwa , o ae.r vl~L✓+aJJ\WJMUI i,/YSNJY IY II tl w' Ku WFlxn r sra.rr..~,.y.,,yMre,MV.nlI W:rY~AYNRYnaV'Af $9i2/.:rs lM r'.:.fi fr Yy!v eyeJ~BPeP I/.,r^..✓. ~•.I~ ~i<Y.,; v.:. I . 4 .4 «ea r,e Dixcripttoa cr~c+oT jE (Sleet 01) - L'X Riv2 1) What work did your project eatail? QpeR~a NC ~1) ` Levelling. 7 49sndaft n Installing new exterior foundation and several new interi4fe foundation pads and rebuilt oiere. Replacing some decayed exterior wood sills, ~g Rebuilding exterior foundation piers of brick connected by i relaid brick underpinning. !I Removing aluminum windows enclosing former open porch. f Installing cantilevered beam anchored along top of hall wall in attic to lift sag where unsupported corner of gable carried end of beam across porch. Raising and reinforcing a badly sagging exterior wall l spanning across a 13' room below. Repairing the siding and w1 n444fter correction. i; 2) What tlseatoh or structural evldeaoe was used to substantiate say changes made to the building or landscape? No important changes were made to e aluminu xterior except removal of } f m ovs to p p } f d en u second floor . ~ ' xiod required) and addition of new dormer on a back l F gable to light new guest bath .~1~, s4ara on eoIunmia and wall indicated location of missing runs . of pdreb balusters, M ~ I1 <3 i t age 4 You may use the back if more s t pace is needed. j r I , r i . 14 ry r` I F Reroofing and replacing typical metal ridge roll and gable finials. Making some repairs to cypress siding. A~6Adalt Scraping entire house and brushing on 2 coats of Benjamin f~t9 ~ Moore exterior latex paint. Repairing, rescreening, and repainting screens. Reflooring porch with wolmanized pine flooring. ti Replacing some porch baluster aectiona. f Building brick steps. f, Regrading yard to reroute drainage away from foundatiosl and 'to ioake`lawn more level by lowering SW corner. :761iyiAg original brick walk. ;ufi+ Building brick base and installing antique iron fence around all of front ard. r r r~r,r, ~ rr r i ✓ < 'fir ~f rYI"~ ✓ - Q' r ' 3~rI+ ' r' r 6 z Y is . ~,r r .1 4' {hi ~ v 'I ~ i 7.1 tG 4 ~ a It , ~Yr 5 r r v a 4' ~ rn r `l. r r , +-.tp Categ;ocy Description of Project (Sheet 02) 3) Mw was the work done (repairs to geada t ,"r existing fabric or new fabric, etc.)? iei7dai Foundation work web done by levelling on cribbing, fit rebuilding several new interior piers with h ~ ardire block on , new concrete toundation fads, pouring continuous exterior 1 ~ V 00 lJ 9::;r foundation pad,on which iw brick piers and underpinning were installed around ent1re house. Old underpinning had shifted, cracked, been plastered. It was removed, bricks cleaned along with bricks salvaged from interior piers, a4d exterior relaid using this brick. Sagging exterior wall over Family Room was raised with jacks centered over piers, doubled 2"42"lintel installed in attic on outside face of wall and plywood glued and screwed a to inside face of shiplep interior sheathing, i 4) Who completed the wo* (homeowner or conbcsctor)? Pieasc cite by name. Work was directed by Architect Isabel Hiller as Construction ? ?Imager. Carpentry Foremen was Ray Huttash, skilled, r tAoUghtful, and thorough. Painting Foreman was John Horiagtoe skilled and expeditious. There`,were 5 to b , F versatile helpers, .Plumbing. wiring, roofing, insulating. , } I r r, aid'air, conditioning were done by contract. The owner paid i the workers slid the materials bills weekly, others'monthly. S) Any ~dditiodl ooninienta? )lone. ± f i s/•. .I You ~b0et th6 Great American Home Awards? j LOW ftw Ya " + r Name + rx. O iof tmp yes„ Nam N o/publiation i Other Yeses ) Page 5 1 11 f A { 1 I( I tr owl Description of Project (Sheet 11) 1) What work did .T'lV TE ?/o.tv your projea entati? Removing all non-original partitions,all wiring, //ttL~ plumbing, and bath fixtures. tAORdAHO~ `E-~ -j4 Temporarily removing mantels and hearths (floors to be iA6nddlto C raised). btt ! u Leveling house - reising'0"(SW corner) to 5"(NF, corner), 1 OFa2 Raising sagged or leaning walls, making them plumb, stabilizing them. Installing new kitchen in original large kitchen area. r Installing 4 new baths. Adding a guest room in the attic with extension of original atair detaliing, `gehabbing 2 fireplaces with dampers, opening up 2 ocher sealed fireboxes and outfitting for gas logs. 1 2) Y" resard or iWXWW evider" wa, used to substantiate any chhnges made to ~ ~ the boil ' tit ; dtnt 1~ndaapo? 2 Wall9 removed or added evidenced by state or cuts. and pstches in shiPla p sheathing. Old openings evidenced by patches in sheathing or siding. • T 40 h evidenee iedicated the peIts of double doorsAn the `front rooew had originally been sliding pocket doors and t c?~at several doors inSo.the Mall had had transomsl but these { changes Vero tiot A ede.' e. it Sass trim or' doors not of original style indicating later ~ additions. House Vas pretty accurately dated by an 1397 copy of the lncf n-ti=Tir.:es used ns paddlq behind of one of the mantel pirrora. } Page 4 { You may use the back if more space is needed. { ,r t % i 17 i ' .1~, .Jr. ie•,. ,.:....iii _ Removing and Rand-stripping all window and door trim and goadaNO' iarttels. Instilling 1/2" grpeum board throughout over 3/4" existing wood sheathing. Repairing doors or finding matching 4 8 Panel doors. Replacing 4 stripped and refinished mantels. Replacing tile hearths and ornamental cast iron firebox frames. r ' Remving asphalt file cn floors. floors, refinishing natural pine ApPlYing natural finish to stair, all trim and mantels, Painting all doors.. i ,w , Papering 6 rooms and stair hall, painting remaining spaces, Instelltog `ant! tie. 4 or custom-made period lighting fixturea. , z i ¢k 1 a d v, yYNYNN°.MMA44MIi.a-^Ky..n.51 jUy..MM{N1:.4 r f r..'1.k n.• r r.: e. 4♦ I t P & Z Minutes dais Nov. 9, 1994 Page 2 r~3 0,9W consent agenda authorizes the Executive Director far Plaming and Development or his designee to proceed with each item in accordance with the staff recommendation. S. Conskier the final pW of Lots 1 through 3, Block 1 of the Casa Bonita, Incorporated addPJon. The 2.294 we site Is located at the northeast oomer of University Drive (Hwy. 380) and Cornell. • b. Consider the final plot of Lots t through 31, Block A of the Deerwood Addition (Phase 2). The 10.348 acre site Is located on 1 the north aide of Grand Parkway, between i:ariis Road and Deenvood Parkway. Ms. Russell: Commissioners if you would Me to, we can recommend two on the basis of appmft the consent agenda or you may feel free to ramous one of these and discuss them independerttiy If does your desh. W. Norton: I move that we approve the two items as mentloAed in the consent agenda. Dr. Huey i second. Ms. Russell: Is there any f N#w discussion, or would a peddam like to say anydtinp or woad bo be happy 9 rw vest moved on? Hei fp no oo*6166n all in favor of approving the consent aperwa please raise your ' fight hand, all opposed carne sign. Thank you (5-0). r III. Histottc L rr ark Deslgnatbn. L Hold a public hearing and consider a recommendation designs" an historic larodmark (H overlay toning) on 1004 W. Ms. Russell: I Qum I have to read these rules first. The proceduro for the pubk hwkVs, the Chak will open the pubic hearing, staff vA read j, the pat tlon and glue its' mW and make Its' reoornmer datkm. The I petitiorsr is granted ten frtintdes to speak to the petition. The persons in favor of the petrtisor► an each granted Ave minutes to speak Persons in opposition to the petition are each granted No mhAss to speak The OK U, l CAM MM, MOM P & Z Minutes a Ion Nov. 33 1994 i petitioner Is allowed five minutes to speak in rebuttal. The Chair closes the public hearing, the staff presents final remarks. Now Ms. Jerkins. Ms. Jenkins: We have three public hearings tonight on three different I properties. Theyrre all fairly similar but we will hold a public hearing on 4 each property separately. So I will begin with 1004 W. Oak which Is the home of Howard and Maggie Watt it Is a Queen Anne Victorian style and ;ties had ader»ive exterior and Interior raloration. The property was submitted for Great American Home Award although it was not selected. it Is the opinion of staff that it Is one of the finer examples of residential restoration. In the Oak+lk:kory Historic district the criteria for historic designation for this partkxlar property can be found on page 83 of your packet. Mr. and Mrs. Watt have submitted this structure tar historical } designation in several oiffxent categories. Character interests are applied in the part of the development heritage or cultural charaateristios { of the City of Denton, emboaiment of distinguishing cheracteristiat of an architectural style, rewdonship to other buildings specifically within the Oak Hickory Historic DWMct that beam of No' location has become of value to our oornmw* and is an embodMrant of oornn urtity pride. In the opinion of the staff and Historic Landmark Commission the Waste have met our criteria under which they submitted this project Ms. Au": Are there any queoftw? Is them anyone that would We to speak in favor of the petition? Please owe kxward, speak into the microphone. Give your rwne and address. Stwon Stafford: My rwns Is Sharon Stational and I am two Wntpht to represent the watts bn*. They we not hen tonight. The house It a Queen Ame style Victorian house. it was built by Mrs. M.A. W*WnA in the lets ie00's. Pleas approve this historic designation for 1004 W. Oak street. Thank you. Ms. Russall: Thank you very much. Is there anyone else that would like to speak in favor of the petition? Anyone else to speak? Is there anyone that would Bke lo speak In opposition to the petition? Any opposition to speak? Seeing none, we will close ttie public haft. Does the staff haw any Mal remeaks? Ms. Jenkins: Do you have any Anal remaft. I'll answer any questions. 1"AW 's\7aH i P a Z Mkwtes +g8~1ddN0. Nov. 9, 1994 u~3, d3rtQ Page 4 bait Ms. Ftemming: I have a question In reading the information about the ! description about the house. I was just Interested, curious as to what the little speaking tube? In reading the description of this property at 1 1018 W. Oak and In the description h mentlons that there was a spMklrp tube that ran from the front door to the kitchen on the second floor. Wfat Is a speaking tubN i i Richard Cooper arrived. Ms. Jenkins: That Is the next Rom. Ms. Abboi A speaking tube Is like an early Intercom systwn. Ms. E ad pubk Jenkins: Ms. and ABM. Athat bbott attthatat ui me will answer ~ fw 2 queatlons on the microphone. your { 1 Ms. Flemming: I'm sorry, I didn't understand you. Mr. NoAon: Modern Chairman I rsoommend approval of 1004 W. Oak as a hWA& landmark wnirg. Ma. Scharf:: I'll second. Me. Rweell: Any other discussion? AN in favor plem sl9nify by causing ' your right hand. Opposed am sign. (54. Richard Coopw WnUkwd. Thank you. b. Fold a pubk Iii and consider a rsconttrtendaon designating an historo landmark (H overlay toting) on 1018 W. , Y. Ms. Jenkins: Now I believe we vAl consider 1018 and I apologize for the oordusion in my memo and staff report to the Planning and Zoning Comrdssion. I do have the propertles listed in a different order than toy appeor on your agenda. Sol staged with 1018,1 didn't do tfam numerically, I probably dk1 therm in the order that t had the appNadlons. 1018 W. Oak Is a *W mm"horn. it used to in a lratemky house from 1987 to 1902. Then hew been very few srdemaf charges to the original stn►cture and it is a corner lot with three visible facades. This f 7• ■■i/ 004h1st.ord ORDINANCE NO. ~ate_ 0 AN ORDINANCE OF THE CITY OF DENTON* TEXASF DESIGNATI~iG THE PROP TY LOCATED AT 1004 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark in the City of Denton; NOW, THEREFORE, rf THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSS ' ` '~-SECTION I. That the property located at 1004 West oak street, being more particularly described in Exhibit A attached hereto and incorporated herein by reference, is hereby designated as a historic landmark under Section 35-215, Article V of Chapter 35 of f the Cods of ordinances of the City of Denton, Texas. I SECTION ii. That said property herein described shall be indi- cated upon the zoning map of the City of Denton as a historic land- il mark by the letter "H", and the property herein described shall be subject to all the terms, provisions and requirements of Section { k': s i 35-2150 Article V of Chapter 35 of the Code of ordinances of the city of Denton, Texas, and such designation shall be in addition to any other use designation established in the City's zoning ordi- nance applicable to such property. - SECTION IIi. That any person violating any provision of this ordinance shall, upon conviction be fined a sum not exceeding 82,000.00. Each day that a provision of this ordinance is violated E shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become a?festive <I fourteen (14) days from the date of its passage, and the City w` ;4 Secretary is hereby directed to cause the caption of this ordirance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton; Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1994. z BOB CASTLEBERRY, MAYOR Pag,) 1 R am AMP .Z ` Am~ Ag3rtlafl ease ~~v ^ ATTEST: D JENNIFER HALTERSt CITY SECRETARY "'v k BYt x! r1 r y~ APPROVED AS TO LEGAL FORM: y" MICHAEL A. WCEKj ACTING CITY kWORNEY , r 1 s ' i~ F. F { I ^ { y 1 L Page 2 Y1Yeo r y. ~ j i. . i ~ + Kai M m.. 3 VOL~b IS r~tE J1G i EXHIBIT A ~esd9N0.9 , 2 ,C 'Yr < < t 21 FIELD NOTES to all that certain tract of land situated to Put s ski Survey Abstract Number 9961 City Of Donton, Denton,County, Texas, and being that part of Lots 2 and 3 of the Y.H. Mounts Addition. as shown by the Plat thereof recorded in Volume 331 Pass Sal of the Dead Records of Denton Couoty, } TeRas daitrlbed to the Deed from H. ,1. Talley at ux to H. V. Leotrip at ux i recorded to Volume 3)60 Page 314 of the said Dead Records; the subject trs.!t tales mots particularly described as, follower ! i st0 WHING for the Southeast Corner of the hereto du r:. ad treat at the southeast Career of the Laotrip Tract to the North Line of Sleet Oak Street at a i 1/2 inch Iron rod found ;t the ,outhweet Corner of the tract described to the Dead from Hylrain Housn to lay Boyers at ux recorded to Volume 12110 Page 360 of the Real Property Records of Denton Couaty, Texas, and being tolled to be 63 feet Vast of the Southeast Corner of Lot 2 of the Mounts Addittool THENCE North 49 Desreee 04 Minutes 30 Secoods Beat with the North Line of West Oak Street, passing at 46 toot the.Southwast Corner of Lot 2 and the Southeast Corner of Lot 3 and nontiouins slobs the sue courses to ells a total distaste of 115.36 loot to a 112 loth iron red eat for the Southeast Ceroee of the f Lamp Trtet and the Southwest Corner of the tract described in the Dead frog 1 1 'George Hopkins to Delta Sipa Phi Fraternity recorded lb Values 516, page 394 of the said Dud Records and bills East 0.4 feet from the ads* of a coocrste retalAlbs wall) WHENCE North Ol DeS*V* ee 13 Minutes 10 Seconds Last eev4rin/ Lot 3 a dietasee of j 194.2 feet to e cut to a concrete driveway at the base of a concrete retaining wall for the Northwest Corner of the Lantrlp Tract and the Northeast Corner of the Ditto Sigma Phi Tract in the South Liss, of Cregg street (formerly Motats Avaawe)l . 1'N3N•3 South 09 Dejtesa 04 Minutes 30 Saeoods toot with the South Ltee of CnSS Streets Passing the Northeast Corner of Lot 3 and the Northwest Corner of Lot 2 and toatIJUIDS e1oeS the 9404 souses lb 411, a total distant* Of 111.36 het to a 1/2 loch Iron rod found at the Northeast Corner of the said Moyers Tract; I TISENC2 South 01 Degreee 13 minutes 10 Secoode vast saverlas Lot 2 slobs to established hedge a distance of 194.2 toot to the PLACE OF DEGINHING bbd secloslms 0051 of as, acre of land. j f I T- ,rs 1 ~ r pr E( 1 « Y y' I ~ ~1•' ~ ~ ~ 5 S L ffff v e I S ~.I ~ 1 , ~lI ~ r r 1 r n 1 ~ r ; i r r P e t mF~ r 1, t r' r r ~ { 1 ~ r s rB: f E / ~ r tS. 2 I ,I ~ ~ r. ~ e I} i t r 1 1 1 A n ^ 4 A ~ r",f a) 1~ f ~ 1 1 r n M jr F 1 >r r \ t { 1 ~ c ~ Y Y Yl r'~. r ~r 1 , ~ ~ s ~ s r 1 j C 1 E ~a", I A IE ~l Ir r ` 1 , 1 ri A J r f . .lam i Apea~No qy -oyo Dete la - -q REPORT d DATE: December 6, 1994 I I I TO: Mayor and members of the City Council PROM: Lloyd V. Harrell, City Manager SUBjECI% VARIANCE TO OFF-SITE TRAFFIC IMPROVEMENTS, ACCORDING TO f ART. 114, SEC. 4, PARA. (a) OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, FOR 'M OTHER PLACE' ADDITION. the Planning & Zoning Commission recommended approval, 6-00 at its November 30, 1994 meeting. i SUMMAR i i The site Is proposed for development as an apartment cluster, with a maximum of 88 units. It is located at the southeast corner of Collins and Bernard Streets. in order for the City Council to approve a variance of this sort, it must determine that the requirements ere in proportion to the size and type of proposed development. The requirement tray not exceed any reasonable benefit to the property owner. It must also be non-confiscatory, as per Exhibit 4. BACKGROUND: 4 The attached section of the Code allows the Qty to require improvements on existing, surrounding streets In proportion to the traffic generated by the proposed development. In the case of the Proposed "Other Place" apartments, the development site is less than I AW R. frorn the Intersection of Eagle and Bernard Streets. Based on traffic volumes at this Intersection, and the number of collisions, this Intersection Is presently functioning at a level of service below C. Due to the proximity of this proposed 83-unit development to the intersection, the cited regulation applies. In other words, the proposed development may be required to do Its proportionate sham to keep this Intersection from becoming even more congested. However, the Commission applied the reasonable nexus standard; stating that there was j l a 1 AQWIt1 Repor t: Variance to 'll►e Other Place Addition Data ` 14 Page 2 . a ~ 15 , BACiCOlt411~2.~~ hit) , between the proposed apartment development, and the no reasonable tel. n no o Coal ion's wootmnendation was based primarily on the intersection status sit intersecdon ~ level of the 13ernardlEagle determined fleet the pry development will add A Tough traffic analysis has interseetion, which translates mite epprortitnately 525 vehicle-trips Per day to the subject iidon apPrO,Xdn Mely 53 vehlcle-triPs in a peak hour. But the Commission was of the oP that, since nice Intersection was already it 1eve1 of Service C, the cicvatop!r was no obligated by regulation to share in its improvements. ..,<o ncasR't7~,~G►~t"t'S OR OROUP~AS~G.TI.' ~ x nearby residents, Engineering Dept. a ` property owner, I HCCA , IMPACT: Witte projected city cost of intersection improvements Re pectfully submitted, a 1 Uoyd V. Harrell, ` % City Manager Prepared by, 7 h , J a. Owen Yost, SLA Urban Planner . y AgeaQaNo as YX to Report: variance to Agendalle The Other Place Addition Dal 1 - y Page 3 3 0~~5 Approved by, r ; ! C/ H. Robbitu, A1CP &e~c~u~tiive Dirbctor of rr , Plannin dt Development % e 1. Location snap. 2,' Prellminuy plat: Chap. 34 (Att. i U. See. 4 (a)). 41 Chap; 34 (Art. 6 (bp. t S. P&Z Minutes. n R r f i1ir iY .'J~r I j ~V Aik ~01!'~ X10 ATTACHMENT 3 ~J;`;slt ~~a QRTH }tRM •K! 1 fD SITE t6 Location xap Pool ' . ~ t { Ylauf u lscwawr ff0•• A ,•r r.ww u• f Va ' I y~~p wrr r rr . ~ ~ • ? ~ ~ ~1R R R p M R R r' 1900 M Rlr r CMf1CY lLLM •~[f r O L I N S- -S*T R E T / a I :r~r r C - ~ *~tY!-173 YL - _ ~ _ ~ ~ "~''~.1 A ~ l l J I ~M f M .Ri`s:~ c ~ f T 21 C1S A a 1 f ~ ' 0 k0 ! v ti r I r (1 ~ I ~ • ' ,••,J w •F~ ` cYrlJ it I - _ - X~}a. ~wrkna w 1 I ~ / I ~"-i8 1~~~ ~ I ✓ 1•~ R 11b~s~ ~,l °~0 1 I{ r ONI Ago Itlt~ I cc`l~ t T 1, IL E 4.394 ~,CR N' .i ` 1 S'•'" r ' NA T)NIt OWNER J DEY PE o 1 1 1 1" Xb P, 6 1 1, 1 1 aW i' ! M w " r0f PL000/LVX rnroRVAreoA IIZINDPLU %4121TltfiI\C CO. S ' A s e t e t: LYei~[L1tLe0 • KAMM ~'F~ for= z4f a~e~a•MfM~w"1,~~« R'i°'w' ~~~i i wnw o 0i• ~ MOM 7be1"Nwn Pro w o 1w Ire Mt+hW N,t - M M'!f -V., SITE ' "2af°.0°.k~lE• 'f.• poi. y'•~°4A zeNkM♦r1N1. r~ THE OTHER PLACE 4 ■ Aft fO WALN~ ~il•i a Ir1 •of • M w f••.• w rr r r LOT! {AND 9. Bs w A $ . 1 r rw• ..1• • -got= tl 7 NI eft" ~UKf 4' r0 ^w A[ 01 A ILL AR.tr'.~MNC7 ':WA Ilf 'i ` r7 ~.rr •'a rr011' OIMS10.'ht~ 7V/ +w 1~r rr .i~1. w. 4 IZ ZL i?m,"= r A eaArmw 1•w R' W roln M r. w • .r n •1:JU CA'i . C~ '~'.42f LOCATIO MAP a«r it r . ri c: r. N y \NIP a %w ,vs aer)11No. ATTACHMENT 3 ~'U'Gi t S (cif 4 3t•llt DENTON CODE /pop L L Primary arterial. A street, including freeways, whose main purpose is to serve as j a major route into, out of or across the city or connect one (1) or more of the city's major activity centers. These streets are shown on the city's thoroughfare plan and are usually located at least one (1) mile apart. J. Secondary arterial. A street whose main purpose is to serve as a major route from one (1) area of the city to another, as a connection between one (1) primary arterial to another or to provide a major route to one (1) or more of the city's moderate activity centers. These streets are shown on the city's thoroughfare plan. A i 12 ~ Vehicle trips. Any requirement or design standard of this section which Is based upon or determined in accordance with a specified number of vehicle tripe, shell be deter- mined by the city engineer in accordance with the latest edition of the Transportation and Engineering Handbook, published by the Institute of Transportation Engineers. j (3) Compliance with specifications. d. All required street Improvements shall comply with the street design specifiea• li ( tions, as contained in appendix A•1 of Ordinance No. 8&103, which appendix is adopted by reference and included in this Code the same as if set out at length in ' this section. Right-of-way widths in excess of the street design specifications shall be required whenever, due to topography, additional width is necessary to. pro- t vide adequate earth slopes. b. All required street improvemerts shall be constructed in accordance with divi• don II, Materials, and division III, Method, of the city's Standard Specification for Pubic Works Construction, North Central Texas (N.T.C. S!redard Specilla- tions), as amended. Where any provision of this Code core icts with a provision cc requirement of the N.T.C. Standard Spec£8rations, the provisions of this We shall control. (4) Street capacity. a. All developments shall provide for those streets, including new streets, the Im• provement of existing streets and the associated improvements and rights-of-way which are necessary to provide adequate capicity to carry the traffic to be gen. ersted by the , Property at !till development. "Adequate a shell mean P~~Y' a level of service C, u defined by the latest edition of the highway Capacity Manual, as published by the Transportation Research Board of the National Raearoh Council. b. Any streets required by the provisions of this section shall also include any drainage structures that are part of the street improvements said an necessary to serve the development, in aocordww with the drainage requirements of this Code. In the cafe of estate subdivision streets, no underground drainage improve. meats, other then driveway culverts, shall be required, but adequate barrow ditches with four (4) to one (1) aide slopes shall be provided. I, i 2308 ~l , rar~y rpY } # 1 { r t f 1 l V S J# l I ~ ( i » 1 I. r l t r r I ~ tI r t, ^ ~ ~.J U e I ~ jj y nJ I ~ i ~ 'III Y 1 . 1 T '1 y 1~ (I~k, 11 • . . v , V ~ 11 ~ 1✓~ { 1 J J (1 f° a e Lr ~ ~ ~ ~ y n j 'y S o A ~ ~ p ! ~ y 1 L i 1 T L I 1 ~r f L . ~h "Y i. . I ' L I - ~ L J L E I I r . R A~ ~r.. Y t 44 r r j y . i 1 ~ ~enOaMO. 1`~~ ATTACHMLNT 4 ~ s'iG3it8 70~ (b) Criteria for variances from development exactions. Whore ths,cosmisslon finds that the isposition of any dowlopw~A exaction rsuant. to these regulations or r ' ss Re:a~w as to eQS' titLte eontircation of thm tragl to be plattedlo :it may recommend approval of j P variances to wiw,such dxactionig so s to prevent such excess, to tM C1ty Council. Waiver' of developmental i exactions ehall be approved by City Council. II 1 J A 1 ' v 1 1 l r f I P 3 Z Minutes ATTACHMENT 5 Nov. 30, 1994 Page 20 a~ V. The Other Place Addition. Q~ b. Consider a recommendation for an exaction variance to Section 34-114(4) f Street Capacity. Mr. Salmc:r: Item B is a variance u; Piticle 34114, Section 4 of the Code of Ordinances. In part A it was IN, determined that staff made an appropriate applicatkm of the ordnance and so this Is the part where we disci whether our application or the way we applied it is in proportion fair, not a owliscalial of property, and those type of issues that we have been dealing with here. Is the i requirement too far away? Or is i )e requirement much too expensive for what we'r3 proposing to build here? Those are the kind of Issues that this part'cular variance is going to deal with. j Mr. Norton: Why couldn't you add to that the fact that the problem is already in existence. Mr. Salmon: Well and that's part of it too. That was the whole point of the first part was that these Issues that have been brought up by the petitioner are really Issues that have more to do with the reasonable nexus as opposed to whether the ordinance is applied correctly. We've got two types of variances now, we've got the tradition variance that you're familiar with that used to be three criteria which is now flve. And those sort of hinge on whether or not there is something unusual about the property as far as it's physical nature. We now have another type of j variance which is called an exaction variance which is a variance that may be granted if it is found that what Is being required Is In excess of what the development Is going to create or create the need for, or Is going to be In excess I of what would be a reasonable benefit for the development. And that's listed there In that paragraph B word for word out of the Ordinance which I'm sure you have i already read. First of all we do have an existing traffic problem, in fact until t recently we had a traffic light in the capital improvements programs for the intersection of Eagle and Bernard. Recently some state funding became available and as most titles would when state funding Is available, you jump on that and put something else In the capital Improvements plan that isn't state fundable and get the state funds for the things that you can get them for. So that's what we have done. We've got some state funding for the trafflo signal and a right turn lane from Eagle onto Bernard northbound and those will be built within the next two years, Unfortunately with state funding by the time you jump through all the hoops and do all the back flips two years can go by pretty easily. So that's where we are at with improvements in the existing problem so I certainly don't want you to think that there's a problem out here that the city is not trying to do something about. h ,rd re i i w p 6 Z Minutes err Nov. ]0, 1994 page 21 i0 II /mother point i would like to bring out, is that it's very often we have developments in areas where there are problems and where we do have Improvements slatted for 1, 2, 3 years down the line and we have provisions in our ordinance for that. We have a provision in the ordinance that says If you have a public improvement that's in the capital improvements program within the next tyro years rather than actually constructing or thedevelopet constructing and Improvement, the developer can give the city money towards that Improvement and mien ionty of he the de ordinance f and build it all at one time. So 1 think its pretty clear the is for developers to pay for their fair share of the infrastructure If they want to build before We there. As an example we had a preliminary plat several months ago out l on Jim Chrystal called Brown Industrial park where the developer was going to be required to pave Jim Chrystal Road even though it was In the capital improve- re program or the county bond election for less than a year out. What he was ments told was N you plat now and you start using that road before it's Improved you are going to have to give us some money towards those Improvements because you are going to be using that road before it's actually improved. Now N you want to wait for a year and let us get our project In there and got fait fixed, ct Jim Chrysc n R id there soot free, you don't have to pay. They are waiting. Is out for bids. Bids will be opened in just a few weeks. Once those bids are opened and we're under contract you will see the final plat of Brovm Industrial Park. So I don't know that even though the city is going to fix this hopeful Instate next three to five years between the capital Improvements program funding, I don't know that it would be responsible for staff to recommend that someone plat and develop property before those infrastructure improvements are in place. Don't add to a problem that Is already existing. I guess to get { t•sck with the written staff report, and kind of talk more about overhead, staff in a reasonable nexus situation which this Is, as Is required and we have to posi the think this why we We need to tell you areasonable thing to ask for. Traffic engineering developer tion. we think this is wh 6 not y 's IS not an exact science, in fact one of the big assumptions in traffic engineering is how do you route traff lo. You know we have data that tells us approximately how many trips the she will generate, i know we have had some discussion that this Is close to the University and we're liable to have a lot of pedestrians. We have tried to find some previous documentation that that made a diff¢. ai". The City's traffic engineering consultant that we used could find no study that has ever been done that rxoves that because you are close to a university you have less vehicle traffb although that might make sense, there Is no documentation to that fact. That may be the case but apparently there has never been a study to show that, or seems logical but thero so at this point 1 conskler that that might make sense, really Is no technical evidence that that would be the case. What we have done here is applied normal traffic generation rates to an 88 unit apartment complex and 4 1 yr` P i z Minutes j Nov. 30, 1994 7 f f Page 22 I 1d O~►~ determined that it would generate spproximalely 700 trips. Taking into consideration the condition on Collin3 street, the narrowness, the terrible condition of the pavement, we decided that provably only 10% of the traffic Is going to go that way. Collins street going bac% west is extremely narrow and it just kind of winds back into a residential type os;ghbo'~ood it's not a real noticeable type street, we don't think vay many people..ome may, we don't think a lot of people would use ft. Again going south on 5omard it is quite a distance to 1.35 and then once you ya to 1-35 you have to travel on the service road for a whlle and through some kitersections before you can actually get on 1-35, so ft isn't a real handy way to get to 1-35. And just because of the proximity to the University, thinking that i people are probably going to try to get !o the traffic signal at Eagle ant' Carroll in order to go north, they are going to travel north on Soma rd and make a r4)t turn f on Eagle Drive. So we have routed 75% of the traffic to Eagle Deve. There again I that's staff's traffic study and we are required to do that and then were done that. And as always the applicant or his engineer can supply us with data that's different. They can either go out and count traffic or they can hire an engineer that might have maybe a little different insight, but to date the applicant has not even offered other than the figures that were given by Mr. Edwards earlier, we have never seen any kind of contrary figures. And I guess I would say that I don't feel that It's appropriate to start presenting a lot of figures at a public hearing when we may have been able to sit down with son.; figures prior to this meeting and have a lot of this worked out and so i guess I would say that If we are going to have trouble with the way staff has deckled to route traffic that that is an Issue that really could have been handled during the DRC process and would have been much better ff it had been handled in writing. Trying to end this and put some perspective to h, staff originally said that it seems to us that a right turn lane is a reasonable thing to do. We don't intend for the developer to solve the entire problem because he didn't create the entire problem nor is his traffic going to affect that problem in such a mayor way that he would be required to completely solve the problem, but what we have said is that you are going to add a significant amount of traffic to this Intersection that is already bad, staff doesn't think that it is wise to add more traffic to that intersection, so we want you to make an E Improvement that would simply off set your increase in traffic. We don't want you to fix the problem we just want you to do something that will help off set the increase that you are going to create. Mr. Edwards came up with an idea of something that we could do possibly in regards to signage and re-striping and ` I maybe changing some of the parking that will accomplish what staff started out t with the right turn lane. If you remove parking and do some re-striping and put i, . some signage in, the street is actually wide enough to actually support three lanes 4 of traffic and it maybe able to be striped such that we can get a turn lane Inside the existing curbs and not have to tear out any curbs and do a major expensive i I .np ro A:'<Nr V.ii ~ jf ~ frJ P i Z Minutes ~jC?~'lFIO `?q Nov. 30, 1994 Page 23 type of work. This type of work at the most would J 9r~ ee thousand dollars as opposed to a standard turn lane which may be ten or fifteen thousand dollars, so I think Mr. Edwards has come up with a very reasonable approach to this, and a good Idea. Something that costs three thousand dollars that will ! probably accomplish the same thing that $ you would have gone ahead and spent ! ten (x fifteen thousand. So what we're talking about Is a three thousand dollar improvement for an intersection that is only 900 and some odd feet away, and for a site that we feel will send around 500 trips per day to that Intersection which Is already bad, and what that translates to Is during a peak hour that would be about 50 trips. I have got some more information, just doing some real quick mathem- I sties the city is probably going to be spending seventy thousand dollars of that intersection before its all over with. What we are asking fo is something that will probably oosl' about three thousand dollars so that's about 4% of what the cit)fs going to spew to help solve the problem. This development could potentially add i i 15% more traffic to Boma rd street than what's already there, so at least staff feels that pitching In 4% to a problem where you might be adding as much as 15% of the traffic Is reasonable. Also If you look at It a different way, it costs anywhere from thirty-Pie, to flfty4lve dollars a square foot to build multi-family units and just trying to be on the high side, assuming this is going to be quality construction, I have used forty-five dollars a square foot. I have also assumed 600 square foot t per unit which Is pretty small, that would be a small one bedroom unit and I don't i know how many one bedroom and two bedroom units they are going to have, but even I all the units were only 600 square feet, and he's going to have 88 units, it's going to cost approximately twenty-seven thousand dollars per unit to build the buildings and this Isn't counting the parking lot and all of the other associated types of improvements. This Is just the buildings alone are going to cost about twenty-seven thousand dollars a unit. It you spread three thousand dollars over 88 unis you are talking about forty-four dollars a unit. So what staff is requiring is somethk~g that !s on'ry thirty four dollars out dtwenty-soven thousand dollars, o in other wads only thirteen one-In urxlredths of one percent per unit. Staff feels that the type of Improvement that wa have required being that it is only .01396 is a very reasonable thing to ask the developer to do. Just to sum up and finish, we feel that there is already congestion, we don't feel that it's responsible for staff to recommend this without making come improvements to an already bad area and we also state that we're applying this just as we have with other dwsiopm ants and H they want to wait and allow the city to make all the necessary improvements and then come In and plat, like other people have done and In fact like we have people In the process this very day doing, then ',hey can do that, waft, build after the Improvements are there and not have to do anything, and I guess with that I will conclude and answer any questions you ,might have. RFIC SS T~ { q 4,-V IV 1 ~54~1 0 r ^~eL 1 i E / WL P i Z Minutes Nov. 20, 1994 Page 24 Mr. Cochran: i have a couple of questions if I may. One is that you made a suggestion that the appellant here, or the developers should have dealt with this at the DRC, and it is my understanding that this did not come out, that you have been that Irue?ugh at least one DRC meeting before this requirement came to light. Is Mr. Salmon: Correct, Mr. Cochran: Or was it two DRC meetings? I know they had two. At what point did this particular requirement come out? i Mr. Salmon: Okay, this came up during the last time they rezoned the property. Prior to this they had zoned the property, they came in and originally zoned it PD and at that point staff did not make any comments to the exact type of improvements that would be required. I have looked back on my DRC comments and we did make comments that there was traffic problems in the area when the ! i original zoning was made, but we simply did not make any specific recommenda- t;ons or tell them &ny specific Improvements that would have to be made I think Frank Robbins said it good earlier this evening on the previous zoning, I mean the previous phttting, Is that platting deals with boundary lines and .Mrastructure, zoning dews with land use. Staff almost always tries to make good accurate comments during the zoning because we feel that that's a responsible thing to do. Try to get everything out as early as FiossVe. However, platting is when the Infrastructure Issues really come into play, t think we did an excellent job of telling them what the requirements were going to be, in fact I think we told them within r just a few thousand dollars what it was going to cost them to develop this property way back when they did the zoning and in the predesign conference. Now here we are at the platting, we're getting all the technical information now, all that's coming in, we have also {tone to a type of zoning which is a little less restrictive and we don't have as much opportunity to divide the traffic up. Me.Cochran: Responding too this u at the DRC specific comment, wash their responsibiiityr tobring p or If they didn't have the information that this was going to be a requirement when they were in the DRC then it's not really you know that much of... something that could have very easily been done. Now another question I can interrupt that answer kind of quickly, when we discussed this before back in when ever it was back in the spring or summer, I brought up some questions and I thought I was trying to deliver a message, pretty strongly, that I had some real strong questions about the Interpretation about how this traffic was going to flow out of this place. I used to live right over in that area when I was a student and it's been a number of years ago, but I find it real difficult to believe that 75% of the ' ail ' my ! i ;31~ tJ P & 2 minutes Nov. 300 1994 Page 25 3a.~ . 13 Ci ip~ residents or the trips generated from this particular site are going to c;wose to { depart the property through a congested Intersection, one that Is already a problem 1 and where trail ic backs. I travel that particular road in fact pretty often and i sometimes when it is backed up, I try to avoid it for that reason. So that even though on a map it may look like a logical thing, from what we know as citizens looking at this particular site and how we as citizens would deal with the problem like an Intersection, I would really question that 76% Issue. Now you also meMloned, I believe, that there Is no study that shows the amount of trips generated from a she now a university are diminishing by the fact that it is near j the university. But I'm not questioning that those trips will not be generated, I m If just questioning In which direction they will go. The real question is N 76% of those trips, N I felt that they would travel by that particular comer that would be a ii different Issue. But I have watched that particular comer for the last twenty live years, lived right around there, don't live far from it now, in fact. And I know that the habits of our community are a little bit diff erent than what it might look lik9 from looking at it on the map, therefore l have a real question with that 75% number. I was trying to communicate that to you when we discussed this the first Came, so that perhaps you would have the opportunity to re-evaluate your figures at that time and perhaps look at them, and you would have the opportunity to look at them and adjust them for this presentation tonight. I feel like, you know how I deal Mr. Salmon: Even if you use 50% you are still talking about 350 trips. 354 trips k to a bad Intersection is still too much. At any rate, also we felt this was Important to bring up agt',. Is because during that original public hearing with the zoning, it was quoted that this intersection was a half mile away and it certainly isn't. Ms. Russell: Arty other questions? r~ Dr. Huey: I would like to know N you can tell me what Is the schedule for the widening of Collins Street that was mentioned. Mr. Salmon: I believe Collins Street is scheduled for 97-98 fiscal year, and that is If we have a bond election and that bond election passes, because it is In the P` Capital Improvements Program. So they are bonds which have never teen voted on. Dr. Huey: it was noted earlier, i believe, that the petitioners would participate In the financing of that widening and they were aware of that. Mr. Salmon: Right as a matter of fact, just like the other improvements we talked a;. Fonda P Q 8 Minutes }3 3 Nov. 20 1994 r ~f ' Page 26 Q j:)6 about, if they wait, you'll notice later on the preliminary plat they have It divided into two lots. They're going to plat the southern portion first which means that they will plat the northern portion along Collins Street sometime after that. If they wait and plat that northern tot along Collins Street after we have already done the improvements, they won't have to build Collins Street. Dr. Huey: Is there a schedule for the correction of the problems at the comer of Bernard and Eagle? E Mr. Salmon'. There Is some State Funding on those, again by the time you f ill out all the paper work and do all the studies and everything that the State requires before they actually give you the money it might be two years before they are there. We are working on h, currently as we speak....... Dr. Huey: You told us that but you mentioned a figure that led me to think there was going to be improvements in addition to the signal light. Mr. Salmon: We have State funding for a signal light and a right turn lane, a northbound right turn lane on Eagle Drive turning north onto Bernard. We have funding for will 1 turn lane and we have funding for a have wrapped up within the next year or two a me and bthe State which e able to build i Dr. Huey: But that would not provide a right turn lane from Bernard onto Eagle, which Is what you are proposing. Mr. Salmon, Right. We feel that this right turn lane we are proposing In this Instance will help off set the traf (from this particular development. We don't think that their development would cause trafflo coming west on Eagle to turn north on Bernard so of course we wouldn't require something like that, and that's why we're going to do that. In this case we just felt that it was appropriate for them to do something on that south light at Bernard street, just something just enough to off set their amount of traffic. Dr. Huey: But failing that, there would not be a right lane turn? Mr. Salmon: Right, there Is no current funding or plans for a right turn lane from I Bernard on to Carroll Blvd. Dr. Huey. This Is another one of those cases that I find it difficult one, I have a problem with requiring these people to make this correction. The problem is of ..w t r i A/I Ago:ldaNo 8 i Z Minutes ("}U Noy. 30o 1994~t ~ Page 27 tong standing as has already bean noted, I drive for Meals on Wheels and there's some meals on Collins and I have to go from Collins up to a place on Bemard and always aft there at that intersection and I think the meals are going to get to coil, so i know Its a long standing serious problem. And I'm concerned that more advanced notice was apparently not given to the petitioners here, on the other hand I do see this as an Income producing activity for the petitioners and an addition to the probiems, so It's as I said a difficult problem. Even so IM Inclined to move that we grant a variance not requiring a provision of a right hand lane. Ms. Russell: is there a second? t Mr. Cochran: I'll second that. Ms. Schortz: I didn't hear real well, would you please restate that? Dr. Huey; I move that we grant the variance and not require that the petitioners s' provide the right hand Lana at the Intersection of Eagle and Sarnard. r .h r 44 a i Ms. Russell: Any discussion? All in favor of the motion raise your right hand. Opposed same sign. (Passes 6-0). ' 1 ' rq tt L'r t R . •..4rtkt.:+rt,~ai44.pi.CKJn+'.P?..N+i n. r.'.!iw.,cwnrr. ..r..,,. F rt`1 S I r 1 ~ i I3 r 4 „3'f~ rY Olt 0 Al lwa t L~f I 1 ♦ i '~.yl [f ri y I Y + 1 l~ + r ' p !r d~ t~ h' t ! I a a r ul j~n ' ,'I~l 1 I f y' G ' 1 f 1 [ 3 ~ 1 i i. i rt~4'Y~:r r~ 4s. M1rti t A d r r via -af , rF r ['rp y 1+1 ,'o< , s. [ ' 7 II J r l I ' a 3 y w V F 5 3 tH ,y,~ a r v 3 ~ ' ` } t , J 7i. .l i d I t~ 4.r ~I I ! l k y + u Frt ~4ll~r 1 1 ~ r ' ° ~ r 4/y+,, y r ~1 a ~yl/ a v t, 4 yr ~ t 5 a - t~ A r e 3 '..r I r t i A r dd . .T ~ lryp o rA, I ApdANO ''`o°"°a`N RS is ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the City has solicited, receivsd and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and j WHEREAS, the City Manager or a designated employee has ; reviewed and recommended that the herein described bids are the lowest responsible bids for the waterials, equipment, supplies or ` services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are heresuchccepted and approved th itemet responsible bids i the lowest as being BID ITEM AMOUNT NUMBER NO VENDOR j 1604 ALL CULTURAL SURROUNDINGS $126,754.00 1 1666 ALL LIBRA-TECH CORPORATION $ 50,476.00 j I SECTION II. That by the acceptance and approval of the above numbereditems-of the submitted bids, the City accepts the offer of { the persons submitting the bide for such items and agreew to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Sid Proposals, and related documents. 1'1 SECTION III. That should the City and persons submitting i approv and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. t ~endaHo ~ +gae~a, i SECTION IV. That by the acceptance and approval of the above r. number items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or putauant to a writtent:ontract 41 made pursuant thereto as authorized herein. " SECTION V. That this ordinance shall become effective ' Immediately upon its passage and approval. / PASSED AND APPROVED this day of r 1994. E i 1 BOB CASTLEBERRYp MAYOR ' <t'?a } ATTEST 1 ' p~r> rir Tk S / , 14ENNIFER MALTERS, CITY SECRETARY ~ V er r e k 'hyl AP0ROVBD AS TO LEGAL FORMS ~ MICHAEL A. BUCEK, ACTING CITY ATTORNEY . 4' / Mi y ti~ . 1 v ~Ht ~.<< BY1 10, ~H/ fit: {l li 1 ~'1.{ i t I• 4.4 \ 1. y Y F! 4Fi ~yM oh1y Y {t I .~a 1I j - J d M .1 I S r TtY AAeodaNo "I a~ Date Agandalte DATE: DECEMBER B, 1994 CITY COUNCIL REPORT } TO: Mayor and Members of the City Council i FROM, Lloyd V. Harrell, City Manager i SUBJECT: BID 4 1684 - LIBRARY FURNITURE AND SHELVING RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications, Cultural Surroundings, in the amount of $99,559.00 for furniture and $29,195.00 for shelving. Total bid award is $128,754.00. SUMURY: This bid is for the furniture and shelving to go in the new Denton bi~South Branch. The furniture and shelving consist of 151ounge chairs, 1 lounge settee, I circulation desk, 7 adult tables, 9 juvenile tables, 4 modular study carrels, 78 side chairs, 2 computer tables, 3 secretarial desks, 72 stack chairs, 6 task chairs, 1 rocking chair 3 , ( and 137 sections of various style shelving. The recommendation above is based upon a very extensive evaluation of the bid responses received. The lessor offers submitted by Vance Hunt, Libratecd and L. B., Interiors failed to comply with bid specifications and bidding requirements (see evaluation attached). The specifications and bid requirements were drafted by Dr. John Minster, our Library Consultant charged with this task. Library Board recommended approval on November 22, 1994. a r } E j BACKGROUND. Bid Tabulation, evaluation comparison sheet, and support' document, and 1-1 brary Board Minutes. PItOGRAM9 DIiPARTMENTS OR GROUPS AFFECTED: Library Operations and Citizens of I FISCAL IWACT: Funds for this purcb :se are available in account number: 9-033-LI R-9354-9102 $ 500000.00 100-033-0015-9107 $ 47,499.00 00 468-033-L]BR-9501-9102 131,262. Total Bid Award $128s754.00 i x gReapfully sub t ds City Manager ! A roved: ame: Tom D. S W, C.P.M. Title: Purchasing Agent 544A h I I ID NAME LIBRARY FURNITURE E. CULTURAL WORKPLACE LB VANCE HUNT LIBRATECH f SHELVING SURROUNDINOS SOLUTIONS INTERIOS A ASSOCIATES ; EN DATE NOVEMBER 17, 1994 ` V CITY 1. 1 LOT LIBRARY FURNITURE $99,669.00 $114,264.16 $87,320.00 $75,098.00 =27,800.00 2. 1 LOT LIBRARY SHELViNO $29,195.00 $31,239.25 $43,480.00 $22,944.00 =77,+00.00 ' TOTAL $128,754.00 $145,493.40 $110,800.00 $95.442.00 $105,000.00 s DELIVERY. FURNITURE 112 DAYS 112 DAYS 120-1SODAYS 14-16 WKS 76 DAYS SHELLING 70 DAYS DEDUCT BID #'S WERE ' 1$1350)ON #1 STANDARD OFI~pD I FINISH TOTAL WAS' ' SELECTED. UNCHANGED JIM , R Y WALTER & ASSOC. DEDUCT 61. BEAMAN & CO. 4$1200)ON 02 _ BUSINESS INTERICSR3 !EF STANDARD ' GAYLORD FINISH ay SELECTED. J. i 4 r ' e1e~ 0 VI~p?4 ' a. I "Owl BIDDERS FOR 5OUTH BRANCH WITH PRODUCTS CR[MAE CONGTRLKTION AND WORDFN BROOME 44 LIiNMY LMRATECFI K, SwCi CRIT M e M S►ECIf1E0 me W.P.M. DUYITN QUANTUM GUNEAU I.L.F. PRODUCT DENTON SOUTH iMi1CN T IP!SHELVES FETIY YEDALLpN PEIUMETNOIM i I REARM AND LOUNG1 CHAIN Y!t NO NO NO pMORMAWt n{TM DATA WITH TNMO PANTY VAUDATION Of TEST PROCEDURE{ I go NO YES NO NO ~ V.4 LLtTYA CARDS yyANN/INTy FOONAA74N: NO NO Y YEAR I ~'1 IS FURNITURE NO / YEAR NO NO ^ fXELVWO MO {YEAR NO ALL aftcr4AT10N NFORMATgN Ylf ►ARTIAL PARTIAL PARTIAL t AND PXOTWAPNE OF ALTERNATE NO a -PRODUCTS SID M001 Or PtMORMANCI Tl/TN0 NO YE{ NO NO NO j i Q WfIYL TMUIO PMTY VALIDATION ID ! YES NO? 140? via METAL MAIM POWDER COAT VO MY i Y!t NOi MO/ YE{ i rpe L ~/~f E.t Ll OEMSM FOAM SEAT AND t 1 I / BACK T YS{ F COMY'OLMD CONTOUII MAY AND I VEf [ P NO I BACK STAUCTVRE PROFAED S MOVNO FNAME tANO'r NUT CONNECTORS FOR P rL{ > ! I iW SEAT AND BACK AnACN1ALIR TWO HEIGHTS 0- CNKDRIM 1 1 CN WOfAlMf10NS CO1M1 MY ! YES P t 1 { {GAUD DOWN At SPICW110 i UA. LNTM 000MOM"TN NO NO No L. ING CARDSWMMD 1 Y!f f I +t. XU/. 1NNWT011S FON AM R$ M4 A1` , _ UGS ! YES NO 1 NYLON ADIVSTAELI OLIOE/FLRL ! Y[I 110 NO NO ; 4 DIAMETER OF LEO FKQUDLCV tD~0l6i NDS W1flt NAA OU1l 1 Ylt I10 NO MO µjl r+ W.L. UITINO DOCLA1LNTtD WIM t Ulf ND T10 NO } 1 U{TWOf CARDS SUMPLRO E4AR CONNECTION CF WOOL t YES 1 1 NO : $"Dam fCREW ATTAcHww OF F YEI I T P i i BACK FARSILS r { L"M { IAABAVENEVA SOOR OAK I I t via T P RADA MEOUIMCV CURD RAM WO I YFf I [ NO fm NA GLUE UL USTNO DOCUMENTED WITH t via NO ND NO l UfTM CANOE 1"fUlO I PLAT FAMM COMPLETELY MOW-AR t nt No P ! 1?I ! Tf// CONSTNI1Ct1ON MbAIIN &ALARM, SIOUINCED rL1 > T . f GOOK MATCl40 OAK VENEOq ! i RADIO MEOVENCY CURED t YES t t No IDOIBANDS W" NA OLUI PI100P OF k0ONMNOS T1 STING via MO NO NO r TO MEEY VIC YOTN "a" PARTY [ Fasj L'AUDA110N R 1 STE6 "IRA CONSTRUCTION p A.I U. NNW" POAM T rE{ Yt{ YE/ MO Yet [ KY MWOEN COAT fP0 f "a SNELVI/ 1 yam YES N01 11 II/TIAL SACK OR I Yll Yt{ i rt/ 1 TqN rNUc ooMc FNAAK YES wna0 t NO rl! / T NO t lUPPOR CXROM Y7 i YES NO NO Y[{ TulUlr A p{PLAY IXILVIt I I r I 'bsnda~lO ~~V I SHELVING LOUNGE CIRGAATION STUDY CARRELS TABLES ADULT AND CHILDREN'S PST mAn" SEATING . DESK KAM CHAM arm w • opcan Brae uouwD W" ON) 41 M i y K¢ ~y S S O ' .,.E , aaaaa ~ a ~ ~ a a a a ~ ~ ~ ~ a a ~ a a li a a aaa a a a ~s ~ a-$i - a a a-- a a a a a - 4a as a s °g aadaa - a- a - a a a a a- -4a as a a~ - a a a - a a s- a a a s a s a- 33a ~ a~ a a' E~. M•. .:...wf r f~ i r ~S1;3>~0 "•f 'i>rte ~ 1.f r t~oF~, REVIEW AND RECOMMENDATION FOR FURNITURE AND SHELVING FOR DENTON SOUTH BRANCH PUBLIC LIBRARY WORK PLACE SOLUTIONS: DOCUMENT REQUIREMENT: U.L. LISTING CARDS WERE TO BE SUPPLIED WITH BID REFERENCING PRODUCTS SPECIFIED. t SUPPLIED: No U.L. listing documentation supplied. DOCUMENT REQUIREMENT: PERFORMANCE TESTING OF READER AND LOUNGE CHAIRS INCLUDING THIRD PARTY VALIDATION OF IN-HOUSE TESTING LAB WAS TO BE INCLUDED FOR PRODUCTS SPECIFIED. f SUPPLIED: No testing documentation supplied. r DOCUMENT REQUIREMENT: ALL SUPPORTINO DATA SHOWING PRODUCTS BID INCLUDING DETAILED SPECIFICATIONS AND PHOTOGRAPHS WERE TO BE INCLUDED WITH BID IN ORDER TO ADEQUATELY REVIEW BID, 1 SUPPLIED: No documentation supplied, only a statement that all items were bid to DOCUMENT REQUIREMENT: A LIST OF FIVE PUBLIC LIBRARY PROJECTS INSTALLED IN THE LAST FIVE YEARS. I , SUPPLIED: No reference documentation supplied. EVALUATION: Workplace Solutions, Inc. bid has not been considered due to: ' • Lack of U.L. Listing documentation Lack of reader and lounge chair performance testing documentation . Lack of supporting documentation on all products bids. - Y We could not evaluate this bid and they were high bidder. j i 77 C F r i ADeeCaNo I A~s„~a,la, 1 Data VANCE HUNT ASSOCIATES DOCUMENT REQUIREMENT: U.L. LISTING CARDS WERE TO BE SUPPLIED WITH BID REFERENCING PRODUCTS SPECIFIED IN ORDER TO BE CONSIDERED FOR AWARD. SUPPLIED: No U.L. Listing cards were supplied with the bid. I DOCUMENT REQUIREMENT: PERFORMANCE TESTING OF READER AND f LOUNGE CHAIRS INCLUDING THIRD PARTY VALIDATION OF IN-HOUSE i TESTING LAB WAS TO BE INCLUDED FOR PRODUCTS SPECIFIED IN ORDER TO BE CONSIDERED FOR AWARD. SUPPLIED: No testing documentation was supplied with the bid. DOCUMENT REQUIREMENT: ALL SUPPORTING DATA SHOWING PRODUCTS BID INCLUDING DETAILED SPECIFICATIONS AND PHOTOGRAPHS WERE TO BE INCLUDED WITH BID IN ORDER TO CONSIDERED FOR AWARD. 1 LTPLIED: Brochures showing tables, circulation desk, and shelving that were bid. r All other product brochures (tubular shelving, lounge seating, task chairs, children's chairs, M1 reader sEa ft study carrels, secretarial desks, end panels, and canopy tops) were not included with the bid package. A complete review of the products specified mild not be made due to the lack of printed specifications and previously noted literature. The brochures Included found this bid non-compliant in the following areas: 4 ,1rfir11andCh11&en'sread1rrseating: No supporting photographs, specifications, or i perfohnsnce testing documentation. Reader sables: Table leg attachment made with steel plate welded to leg and attached to table top by means of screws. No aprons on tables. Leveling glides offered are a recessed glide. Table construction is specified with intersecting hubs and aprons which a SalPa4or method of construction. Leveling ides are as 2.1/2 di axl- specified thick 8l 3/l6 ' nylon glide (full diameter fitted glide). Table bid does not meet the specification. Study carrels: No supporting photographs, or specifications. ! Circrrlarlon desk: 'Freedom' desk does not have flat panel modularity which was j speed6ed. It is made of individual cabinets which does not match the specification. I lournge Scaring: No specifications, or performance testing documentation. cask Chown: No supporting photographs, or specifications. ..mow ~snG4rlo ~ ~ ~gt!adal a OGIE y j VANCE HUNT ASSOCIATES CONT 17 Seaer will Desks: No supporting photographs, or specifications. End Panels do Canopy Tops: No supporting photographs, or specifications. 4 Shelving: Este. shelving complies with the standard shelving spec. No information was supplied on the book support that was specified as chrome. No documentation was , supplied for the tubular shelving specified. IREPPx.NT. A LIST OF FIVE PUBLIC LIBRARY PROJECTS DOt;:UM V'';tilrQU INSTALL D IN THE LAS i FIVE YEARS. SUPPLIED: Rekence list supplied. i a '1 RECOMMENDATION: This bid has been disqualified based: r • Lack of U.L. Listing dommentat:on `t " • Lack of reader and lounge chair performance testing documentation { Lack of supporting documentation on all products bide. review this bid does nol meet the furniture constriction specification end < ' l Upon 606f, ! dos not lnchide the tubs tar abdvrng is specified in the bid. X21 Jiil y F , i I r J~ . f~ +I \ J Sri 21 f P P WWI ~endardo ~l~`~1-~ '~Gtruafie ~ I I LIBRA-TECH CORP. l 7 j DOCUMENT REQUIREMENT: U.L. LISTING CARDS WERE TO BE SUPPLIED WITH BID RE"ERENCING PRODUCTS SPECIFIED IN ORDER TO BE ' 1 CONSIDERED FOR AWARD. SUPPLIED: No U.L. Listing cards were supplied v. ah the bid. A number was listed noting a reference number to call for U.L. verificatica. DOCUMENT REQUIREMENT: PERFORMANCE TESTING OF READER AND LOUNGF CHAIRS INCLUDING THIRD PARTY VALIDATION OF IN-HOUSE TESTING LAB WAS TO BE INCLUDED FOR PRODUCTS SPECIFIED IN ORDER TO BE CONSIDERED FOR AWARD. SUPPLIED: A testing document was supplied with this bid, however, the part numbers referenced on the test do not correspond to the seating bid. Furthermore, the construction i noted and tested was for a wood chair. The bid placed was for a steel chair which renders the s4pplied testing information invalid. The test was also noted as being an "in He •hww* test and was not validated by a third party inspection of the test facility as ' V"ed DOCUMENT REQUIREMENT: ALL SUPPORTING DATA SHOWING PRODUCTS 13M INCLUDING DETAILED SPECIFICATIONS AND PHOTOGRAPHS WERE TO BE INCLUDED WITH BID IN ORDER TO CONSIDERED FOR AWARD. SUPPLIED: Supporting data accompanied the bid, however many items were lackutg detailed specifications.. Upon review of the information supplied, the bid did not comply to the spec for the following reasons: Adult and Chll*en's realer seating: Chairs showed pictures but gave no specifications. Based on a sample of this chair supplied prior to the bid, the chair did not have compound contour seats and backs, was not constructed with the same hardware (critical to the f atuchmari of the chair seat and back), and did not have the correct density of foam. No information was given concerning the children's seating. Reader tables: Table leg attachment made with steel plate welded to leg and attached to I, table top by means of screws. Table construction is specified with interswing bubs and aprons which is a superior method of construction to the product bid. Leveling glides are specified as 2.112" dia x 1.3116 thick nylon glide (full diameter fitted glide). Leveling $ Wes offered do not meet the specification. \ _ ~9ondaNo Q ~ , AA~njjari Oaia N ; i LID"JECH, CORP C~ ~ ) Study carrels: Study cartels bid are not constructed with *Z' bars and do not have shoulder screw connection of the back panels to the side panels. Edgebands are not radio. } frequency. Circulation desk: No specification information on t", desk was supplied with the bid. A review cannot be made. Lowtge Sealing: No specifications, or performance testing documentation were supplied with the bid., 4 Task Chalrs: Bid as specified. Secrekarlal Desks: Bid as specified D d Panels and Cawpy Tops: Drawings were supplied with no supporting specifications. + A mVkte review could not be made.. SheNq. Estey shelving complies with the standard shelving spec. and book support is rated as. chrome. Inforination was supplied on tubular shelving which matches the 1 e Vocificatift z DOCUMENT REQUIREMENT: A LIST OF FIVE PUBLIC LIBRARY PROJECTS j I k INSTALLED IN TI•IB LAST FIVE YEARS. ~ SUPMIED: Reference fist supplied. 1' I r, RECOMMENDATION: This bid has been disqualified based on the following: ' . Lack of U.L. Listing documentation Lack of reader and lounge chair performance testing documentation Lack of supportir g documentation on all products bids. , ? Upon further review this bid does not meet the furniture construction specification. The bid does meet the shelving specification but was high bid and therefore disqualified. i <ri i i, 9 ~snd3~fo "t ~ J45 AhL) I ~~d~17 LIBRARY INTERIORS iS DOCUMENT REQUIREMENT: U.L. LISTING CARDS WERE TO BE SUPPLIED , WITH BID REFERENCING PRODUCTS SPECIFIED IN ORDER TO BE CONSIDERED FOR AWARD. SUPPLIED: No U.L. i sting cards were supplied with the bid., DOCUMENT REQUIREMENT: PERFORMANCE TESTING OF READER AND i LOUNGE CHAIRS INCLUDING THIRD PARTY VALIDATION OF IN-HOUSE TESTINO LAB WAS TO BE INCLUDED FOR PRODUCTS SPECIFIED IN ORDER TO BE CONSWERED FOR AWARD. SUPPLIED: No testing documentation was supplied. DOCUMENT REQUIREMENT: ALL SUPPORTING DATA SHOWING PRODUCTS BID INCLUDING DETAILED SPECIFICATIONS AND k PHOTOGRAPHS WERE TO BE INCLUDED WITH BID IN ORDER TO CONSIDERED FOR AWARD. SUPPLIED: Brochures were supplied for Library Bureau "Medallion" series and "Stale" j a}xlving. No specification information was supplied. A complete review of the products + spocifted could not be made due to the lack of printed specifications. The brochures Included found this bid non-compliant in the following areas. AdxN and Chi1&en's'reader seating: Seating bid is wood. Seating specification was for a red chair. No performance testing documentation was supplied. Reader lablcs: Tables bid are wood. Tables specified are wood and steel. Sho carrels: Carfels bid are wood. Carrel specification is for a wood and steel line, Circulation desk. No information was supplied on circulation desks with this bid. ' Lounge Seating: No photographs, specifications, or performance testing documentation was supplied with this bid.. Task Chairs: No photographs, specifications, or performance testing documentation was .1 4 supplied with this bid.. Secretarial Desks: No photographs, specifications, or performance testing documentation was supplied with this bid.. 1 •N a ~ f wax IT, Aa2, daNa Aga, daE1, A ! LIBRARY INTERIORS CONT. Qato ' 1A0PW F.ird Panels and CwWy Tops: No photographs, specifications, or performance testing documentation was supplied with this bid.. Sheh'titg: Libruy Bureau "Stale" shelving does not comply with the epoxy powder coat finish specification, in eSW back Up specification, nor the book support specification No r' documentation was supplied for the tubular shelving specified. DOCUMENT REQUIREMENT.- A LIST OF FIVE PUBLIC LIBRARY PROJECTS INSTALLED IN THE LAST FIVE YEARS. , SUPPLiCD: No rcfetaxx Est supplied. RECOMMENDATION: This bid has been disqualified based on: r. ' l ' • Lade of U.L. Listing doaunentadon 4 L A& of reader W lounge chair peformmee testing documentation i ~ '3' • LA& of supporting doauneatation on all products bids. , 11£". !J* Sutha review ibis bid does not meet f vritwe constntction speaficadon and Vii;,; 1 I does trot indude'the tubuiu shelving as spea W in the bid. [y,V F. - r ~ ~F f ,...a...., K ~oedcNp `DLO E; ~3if3 Date Q%TURAL SURROUNDINGS 1 U1 1 DOCUMENT REQUIREMENT: U.L. LISTING CARDS WERE TO BE SUPPLIED I WITH BID REFERENCING PRODUC T AS SPECIFIED. SUPPLIED; U.L. Listing cards referencing produces specified were supplied. DOCUMENT.REQUIREMENT: PERFORMANCE TESTING OF READER AND LOUNGE CHAIRS INCLUDING THIRD PARTY VALIDATION OF IN-HOUSE TESTING LAB WAS TO BE INCLUDED FOR PRODUCTS SPECIFIED. SUPPLIED; Test results for seating specified along with third party validadon of tests. DOCUMENT REQUIREMENT; ALL SUPPORTING DATA SHOWING r PRODUCTS BID INCLUDING DETAILED SPECIFICATIONS AND PHOTOGRAPHS WERE TO BE INCLUDED WITH BID IN ORDER TO k ' ADEQUATELY REVIEW BID. SUPPmb; Brochures showing products bid were included with the bid package r ' the bid stippottmg to be submitted as specified. DOCUMENT REQUIREMENT: A LIST OF FIVE PUBLIC LIBRARY PROJECTS c INSTALLED IN THE LAST FIVE YEARS. ' ` SUPPLIED: Reference Gst supplied. RECOMMENDATION: I recommend this bid for award of the furniture for the { following reasons i j • It is the lowest bid to supply all required documentation. • It is the lowest bid meeting specification. ( I further recnmme~ ~►d this bid for award of the shelving portion of this specification for the r ! following reasons j • It is the lowest bid to supply required documentation, • It is the lowest bid meeting specification. I f j r ' Ci Aaenb%0 Age ~~alt . ~ Q DRA Date ) 1L MINUTES ! l SPECIAL MEETING DENTON LIBRARY BOARD `j NOVEMBER 22, 1994 6100 P.M. Presents Kjell Johansen, Ema Ruth Russell, Kathy Pole, Jean Oreenlaw, Linnie McAdams, and Eva Poole 4 l 'r Absent, Alex Finlay and Dorothy Minter ` r? The meeting was called to review samples of new furniture for Denton Public Library South. The Board agreed unanimously that the S, furniture offered by Cultural Surroundings would beet serve our >s+r r- needs.. The furniture chosen was not the lowest bid, but it was detendined that the quality, of materials and construction was of 5 _ G r. such a nature that the product from Cultural Surroundings would, constitute a savings in a long run. The quality of the furniture ensures that it will maintain both it's appearance and functionality,for as long as it remains in the building. + r The meeting adjourned at 6030 P.M. ~ Respectfully subinitted, I 1 mill, ~F+' I F { i k a`r Kjell M. Johansen Secretary, Denton Library Board • T k r. AHH00617 ii 1 .Wy i'.t r..i. ae 7 . M DATE: DECEMBER B, 1994 I CITY COUNCIL REPORT TO: Mayor and Members of the City Council 4NendaNo d3lleA 0 o m~Z= FROM Lloyd V. Harrell, City Manager Date ` E SUBJECT: BID # 1588 - LIBRARY WORK STATIONS 1~ L i RE( We recommend this bid be awarded to the only responding i ~[I~TDATION. er, rLibre- Corporation, in the amount of .=50,478.00 with delivery in 75 days. SUiA1fARYs This bid is for the purchase of 12 beechwood modular work stations i compete TwIth end panels, work surfaces, bases and associated items all designed to h c' fit a particular oonfiguretion. Also included are 15 ergonomic task chairs. The bid specifications including bread nai.a chosen as minimum standards of quality as well as the des ' oonfl rations were drafted by Dr. John Miniter the Libra Consultant for this project. . ~ k , Libra Board recommends approval. BACKGIt6(1ND: Tabulation Sheet, Minutes from November N, 1994 Library, Board ~ n~ gam- f , PROD DEPARTKENTS OR GROUPS AFFECTED: Library Operations and Citi"1111 o Denton. FISCAL DIPACT s Funds for the purchase of these workstations and chairs are , available from account numbers s 451-033-LIBR-9403.9107 70059.00 4 13,419.00 -9102 468 093 L18R-9501 Total, Bid Award $50,478.00 s submitted Respectfully x v: Lloyd V. Harre 011 City Manager i A proved: j r. f Same: Tom D. S w, C. P.M. Title: Purchasing Agent eusaiw r. 4 i q4,0140 ~endaA'o A MINUTES SpscrAL MEETING ! DEMN LIBRARY BOARD NOVEMBER 22, 1994 6:00 P.M. s Present: Kjell Johansen, l'ma Ruth Russell, Kathy pole, Jean a Greenlaw, Linnie McAdams, and Eva Foole Absent: Alex Finlay and Dorothy Minter ThA,me,ting was called to review samples of new furniture for Denton public Libra South. rY The Board agreed unanimously that the furnituke;,offered by Mural Surroundings would beat serve our needs, The furniture` chosen wag not the lowest bid, but it was detengined that the quality of materials and'construction was of >t ouch -a nature that the product from constitute a savings in a long run. The Cultural Surroundings would quality of the furniture ensures that it will rr maintain both it's appearance and { functionality for as long as it remains in the building. r, The meeting adjourned at 6,30 P.M M1 ' ' Respectfully s ~ ubmitted, i Kjell M. Johansen Secretary, Denton ~ r Library Board I r. I I A000617 I ilY-Wf s„. ~;t i 3 Imo- ~ . 8I0 NAME LIBRARY WORK STATIONS LIBRATECH BUSINESS GAYLORD G.L. SEAMAN INTERIORS 1 OPEN DATE NOVEMBER 17, 1994 DES j ,MOPTIONi771 { 1 1. 1 LOT DENTON PUBLIC UBRARY $60.478.00 NO BID NO BID Y J NO BID 1 ON-LINE STATIONS A - K I k i DELIVERY 75 DAYS S I ' ! I , q Ir. 21 Ywyr „r, r, , K[ e ' o NWN r y f i i r I E CITY COUNCIL o y i t "6 n t r ~FC ?f e 'y 4td~i,'a{4 ~1,~t d ~et.u ry• CH -040 ` *k 8 *1 Ap 00 DATES December , 1994 i CITY COUNCIL REPORT FORMAT TO= Mayor and Members of the City Council j FROMS Lloyd V. Harrell, City Manager { BUEJECTS CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTION 21-2 1 OF THE CODE OF ORDINANCES TO ALLOW THE CONSTRUCTION OR ERECTION OF BARBED WIRE FENCES IN AREAS ZONED FOR AGRICULTURAL USE. UCO 901 MUM Staff recommends adoption. sUMMARYS In accordance' with Section 21-2 of the Code of ordinances "it shall be unlawful for any person to make, build, construct or erect" barbed wire fences on land located in the city limits. However, Chapter 35 "zoning" of the Code of Ordinances allows a farm or ranch in. areas zoned Por agriculture) use. The proposed ordinance amendment will permit the construction or erection of barbed wire fences in areas zoned for Agricultural use. ! B ' Barbed wire fences are typically associated with agricultural uses and the proposed amendment is an attempt to streamline the existing provisions in the code of ordinances. ;t VROAR1►M8, DEPARTXZNTB OR GROUPS AFFECTEDS j i Owners of land zoned for agricultural use. ! I ;;r tIBCAL IMPACTS None. 4 Rssp Pull aitteds Lloyd V. Harrell city manager Page / z ~w I ~~-";~l'~~y',ti fr~ra 1' S, r...J'p ....~,sy., ~...r < r. r~.},~., . '+p ~e . e ~ .t. r,±,~ti~.,.R+t .,..r+x t•+,.•. s ~ ~2~QsNfl q~~B ^•1 l Prepared by: {~tg f N <A CP4 k Harry N. Persaud, NRTPZ, AICP Senior Planner Ap roved % r Prank H. Robbi a, AICP Executive Director for Planning and Development r. r. '4. h u a T F , s} Attachment 1Is, ordinance 5 1 r W S ~fh y r ~f~,, l tflipp Page 2. j \m°sH.NMM,R.:H+'R!ar _ 1Mr-1011q p,; j+inniaT3„J..aI otiraAy}titiiA': .H+n?vi!1'rsh /Y ~ '~nTf Jf. ♦ l+aMfr~.ord 4Q2~GZND kg;l&112 ! ATTACHMENT 1 f~C1i0 L4 ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 21-2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROHIBIT THE ERECTION OF BARBED WIRE FENCES WITHIN THE CITY LIMITS, OTHER THAN IN AN AREA ZONED FOR AGRICULTURAL USE UNDER CHAPTER 35 OF THE CODE OF ORDINANCES; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas finds that barbed wire fences compromise the aesthetics of urbanized areas, and pose a potential safety risk to passersby - •banized areas; and WHEREAS, the City Council of the City of Denton, Texas further finds that the aforementioned harmful effects of barbed wire fences are greatly mitigated in agricultural areas, and that, within those areas, the utility of barbed wire fences greatly exceeds any such harmful effects; and ! WHEREAS, the City Council of the City of Denton, Texas bel- ieves that prohibiting the erection of barbed wire fences within the city limits, except in areas zoned for agricultural use, is a reasonable restriction, consistent with its home rule authority to pass ordinances to protect the health, safety and welfare of :to i( inhabitants; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; - SECTION i, That section 21-2 of the Code of Ordinances, City of Denton, Texas, is hereby amended to read as follows: i, ' aeo. 21-2. Barbed rare fences. It shall be unlawful for any person to make, build, con- struct or erect any fence composed wholly or in part of what " is commonly known as barbed wire on or along the line of any a. street, alley, avenue, sidewalk or land in the city, other than in an area zoned for agricultural use pursuant to the authority of chapter 35 of the Code of Ordinances of the City ° of Denton, Texas; provided, however, that this section shall not prohibit the placing of barbed wire along the tops of fences when such fences are over five (5) feet high. E SECTION II. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- s t lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. 3 a71M i tom" 1 j I ~ER~zNo a~ AQt:~s;nit8 ate 6F14 PASSED AND APPROVED this the day of 1994. .A f BOB CASTLEBERRY* MAYOR ATTESTt G JENNIFER WALTERSo CITY SECRETARY BY. APPROVED AS TO LEGAL FORM. MICHAEL A. BUCER, ACTING CITY ATTORNEY , i All, i/ r'S~ n ekItV f I l • f 3}. P1 ~yl SYA. I i1 a TAL Jf1' f ~ 'e 014 14 eprr r , s' fiW iV f ".a ua y. :V {.ar~nPf a'ri v1.:J1 e,. •afl,Y. \Y"4< y1VA~~Zn,ftii1*,{Isrvi~ti.~~~riYl' 1 wr.M.t/.'a'ww:M ~"uM idW Yul s,SV n+s.wa.a.. n f.n'., N., a..1+4 PIN F P f 1 0 t - - - - - - - - - - - - - - - - - - Lxr~1 l ApendaNo qy -040 4 A~endal Co l' Oete ~a - to 14 a'. DATNe Deoeaber 6, 1994 CITY COUNCIL REPORT FORMAT TOe Mayor and Members of the City Council Mus Lloyd V. Harrell, City Manager 3 80WECTs CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTION 6-11 OF THE CODE OF ORDINANCES TO PROHIBIT THE KEEPING OF LIVESTOCK FOR BREEDING PURPOSES WITHIN THE CITY LIMITS, j OTHER THAN IN AN AREA 20NED FOR AGRICULTURAL USE. i RECOMMENDATIONI Staff recommends adoption. SUM![AAY c Section 6-11 of the Code of Ordinances prohibits the keeping of livestock within the city limits for breeding purposes. The proposed amendment will allow the keeping of livestock for breeding purposes in an area zoned for agricultural use under chapter 35 of the Code of Ordinances. The proposed ordinance is included in attachment #16 ' r RACIICROUMDc 4 Chapter 35 "Zoning" of the Code of Ordinances allows a faro or ranch in an area zoned for agricultural use, but section 6-11 prohibits the keeping of livestock for breeding purposes in the same zoning district. Over the past ` twelve years the Animal Control staff have not received any Complaints with regard to the keeping of livestock for breeding purposes within the city limits. P]MRAMB& DEPARTSENTS_OR GROUPS AFFECTED: f Owners of property zoned Agriculture "A" zoning district classification. FTIICAL i1tPAC'Fe \ None. Vii' ,I 1 Page r i ~=t .a.a. { } Ag9od21i ~ 1,, ~ paig+=.ur Respe ully sub i ed: a F~ ~ ` Lloyd arrell City Manager prepared by: 3 'Harry !t. Persaud, )WPi, AYCP Senior Planner If ~ r Ap oved: All RankH. Robbi , AYCP Executive Director for i Planning and Development yr ta #11 f~ce s. Ordinachment f rr~~ K J►t- j - i < Page LGr\eR 44»,ye AON i i ~AL~IY ' rnfaa Losd g81+d3N0.~ ATTACHMENT 1 i!~GCV'uit i ORDINANCE NO. -30473 AN ORDINANCE OF THE CITY OF DENTON, TEXASF AMENDING SECTION 6-I1 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON$ TEXAS TO PROHIBIT THE ` KEEPING OF LIVESTOCK FOR BREEDING PURPOSES WITHIN THE CITY LIMITS, ~ ZONED FOR AGRICULTURAL USE UNDER CHAPTER 35 OTHER THAN IN AN AREA OF THE CODE OF ORDINANCES: AND ESTABLISHING AN EFFECTIVE DATE. N}{EREuS, it has long recognized that kept for breeding p rpo WHEREAS, the City of Denton, Texas as a home rule municipal- ity, possesses the authority to prohibit, or to impose reasonable i restrictions upon, public nuisances within its boundaries; and WHEREAS, the City Council of the City of Denton, Texas believes that prohibiting the keeping of livestock for breeding t purposes within the city limits, except in areas zoned for agri- ; cultural use, is a reasonable restriction upon said public nuis- ance: NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ` 8~'i'ION That Section 6-11 of the Code of Ordinances, City of Denton, Texass, is hereby amended to read as followst seo. t•ii. ereediaq of certain animals prohibited. ;f 3 It shall be unlawful for any person to intentionally or } knowingly keep for breeding purposes or employ for breeding purposes any jack, bull, stallion, ram, he-goat or other livestock within the corporate limits of the city, except in areas coned for agricultural use under chapter 35 of the Code. SECTION II. That this ordinance shall become effective fourteen ~ (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lisped twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1994. s'. BOB CASTLEBERRY, MAYOR 3 i x I` CITY COUNCIL ~ t e roK. ~y+ J i AQ9lId1IrQ,,.~~-~ Agendalta~ S p ' DATZJ December 6j, 1994 CITY COUNCIL• REPORT FORMAT 4 O J S i i Too Mayor and Members of the City Council 7roms Lloyd V. Harrell, City Manager EubieOts CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTION 28- 297 OF THE CODE OF ORDINANCES TO ALLOW A lA0-DAY GRACE PERIOD FOR OWNERS OF EXISTING PRIVATE OR SEMIPUBLIC SWIMMING P0018, SPAS, OR HOT TUBS LOCATED IN NEWLY ANNEXED AREAS TO COMPLY WITH THE ENCLOSURE REQUIREMENTS OF THE SWIMMING POOL CODE. RECOMMEND 7IONi staff recommends adoption. $MOMYR The fencing and gate requirements contained in section 28- 297 of the Code of Ordinances applies to all existing and new swimming pools, spas and hot tubs with a depth of twenty four inches or more The proposed ordinance will allow owners of existing ow inning pools, spas, and hot tubs i located in newly annexed areas a race period of 180 days to comply with the enclosure requirements. When the fencing and gate requirements were established by city ordinance 190-149 dated October 2, 1990, owners of ,f existing swimming pools, spas, and hot tubs with a depth of twenty four inches or more, were given six months to comply with those requirements. The ordinance proposed amendment will extend a similar grace periud to owners of f swimming pools, spas and hot tubs located I.) newly annexed `j areas. PROGRANB. DEP s!7 NTB OR GROQPB Y1*ECTEDI Owners of swimming pools, spas and hot tubs in newly f annexed areas., i None. Page r ' ~,ki YA yr ti "owl f t 4ge;,ea~o Q Agandalt { Or~ie Resp fully itted 9 .r' Lloyd V. Harrell City Manager Prepared by: F A i Harry MI Persaud, MRTPI, AICP senior Planner Ap ovedt p > Sr, i way Prank iobbi , AfCi+ Sit 'cutive` Director fcr Plbnning and Developme.t `loci 'r r , Vl~ Attachment fit Ordinance page 2. u M.."^edMWe~WIN.'wY,WWiK'++4mH'K:~YYAyil4MQ~.?iArPRw/J~.+6Iiba..i~.J.6K.,.r,r.%.>.w.:i.Fx.~..sr F._,«.... . . w..n. r. ..r.. . rov. ,l~w'N..diIaa:F.v ...n• ' yp y 1 ~r if{[ ry~Ri!'AI.O(Q 'ge7daNo ~ Apda;le r ATTACHMENT i Da,a ! ORDINANCE NO. y3JF AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 28-297 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ALLOW A 180-DAY GRACE PERIOD, COMMENCING UPON APPROVAL OF AN ANNEXATION ORDINANCE, FOR OWNERS OF EXISTING PRIVATE OR SENTAUBLIC SWIVO(ING POOLS, SPAS OR HOT TUBS LOCATED WITHIN SUCH NEWLY v4NEXED AREAS TO COMPLY WITH THE REQUIREMENTS OF SUBSECTION (5) (a) OF SECTION 28-297 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AND ESTAB- LISHING AN EFFECTIVE DATE. WHEREAS, to protect the Inhabitants, it is the desire of the City Council iofsthetCity ofsDenton, Texas to i promote ra;7id compliance with ordinances mandating erection and maintenance of required fences and enclosures around private and semipublir, swimming pools, spas and hot tube, by owners of such existing facilities newly annexed into the city limits; and WHEREAS, the City Council of the City of Denton, Texas, recog- nizes that, at the time of passage of the ordinance mandating such fences and enclosures, owners of existing pools, spas and hot tubs within the city limits were allowed a y~&ace period of approximately six months to construct such enclosures; and WHEREAS, the City Council of the City of Denton, Texas ` understands that the owners of existing pools, spas and hot tubs within newly annexed areas face similar economic barriers and time constraints, such that immediate compliance with ordinances mandat . inq such enclosures within newly annexed areas would impose a huge 5 burden) NOWO THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION To That Section 28-297 of the code of ordinances, City of Denton, Texas, is hereby amended by adding a new subsection (5)(e)(3) to read as follows: Aeo. 28-297. Deletions and amendments to swimming pool code. The swimming pool code adopted by section 28-296 is hereby amended and changed as followas (1) (unchanged) (2) (unchanged) (3) (unchanged) (4) [unchanged) - T--T " +9eada No k9andaite bia (5) Section 305. Enclosure. A new section 305 is added to read as follows: Section 305. Enclosure. E (a) [unchanged) (b) [unchanged) ti (c) (unchanged) M ~ (d) (unchanged) (e) Existing Swimming Pool, Spa or Hot Tub Endo- ~ f:•' ~ surer. a~ (1) (unchanged) ~r (3) [unchanged) i 4 (3) Within 160 days of finei passage of an r. ordinance annexing his or her property into the city limits, an owner of a pri- vate or semippublio swimming pool, spa or hot tub having a depth of twenty-fodr ' p (24) inches or sore at any point, shall comply with subsection (5) (a) hereof. a (b) (unchanged) i t. far, rw' ` ' f r BBCfYQN =t• That this ordinance Mall become effective fourteen (14) days from the date of its passage, and the City Secretary it f hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-Chroniole, the official newspaper Of the City of Denton, Texas, within ten (10) days of the data of t j its passage. PASSED AND APPROVED this the day of 1994. BOB CASTLEBERRY, MAYOR ~ 5 PAGE Lf. 1 'be,~aNo ~~-~JO F n 4 ATTESTS ;E JENNIFER WALTERSj CITY SECRETARY SY: - r " APPROVED AS TO LEGAL FORM: j. MICHAEL A. BUCEK, ACTING CITY ATTORNEY y BYV ~ys a o(x v e~ 5r , .a .r A i A R F 4 ~Sr ~ ~ jam, A A s 1 PAGE S Y a CITY COUNCIL. r { n 4 r ~ ,us a.,er-a~4 t a f t a i x i ca a Y, { IQW&No. qL) -040 Ali Ito _--qq { Date: -%4a t 1994 CrrY COUNCIL REPORT FORMAT TO: Maya and Members of the City Council { I FROM:. Uoyd Harrell, City Manager SUBJECT: Adoption of an ordinance approving a contract providing for the purchase of real property from Robert F IL Jr. and Elinor Caldwell. i RECOMMENDATION: Tote Community Development staff recommends approval. SUMMARY: The ordinance will approve execution of the contract to purchase three 7,500 square foot lots to the Owsley Addition. The purchase price is $30,825. The property at 14079 2411 and 2415 Stella Street wM be used as a neighborhood park for residents of the addition. Parks 1. and Recreation and Community Development staff are working to select a contractor to install f a ` playgrouncl equipment at the site. r r BACKGROUND t The 1993 Final Statement of Community Development Objectives and Projected Use of Funds specified the use of $35,000 for acqusition of property to constrict a neighborhood parkin the Owsley Addition. The Final Statement was approved on May 18, 1993. On October 7, 1993, Mr, Robert Caldwell, property owner, was notified of the City's intent to } crater into negotiatioms for the acquisition of the property. An appraisal was conducted by Sargent Appraisal Company. The appraisal estimated the market value of the property at $30,825. Mr. Caldwell received a copy of the appraisal and agreed to sell the property at the cetimated uurlxt value. I A Phase 1 environmental site assessment was completed on October 6, 1944. The assessment by ATEC Associates, Inc., Dallas, revealed no evidence of potential environmental hazards on i the park site. A-i K.1:1 WAOQ.aHM , I,: r F l apettdaNo q4-0 Agen~al } PROORAMS. DEPARTMENTS OR GROUPS AFFECTED; ilofe Property Owners - Robert H. Caldwell Jr. and Elinor Caldwell an 1 Residents of Owsley Addition Neighborhood r Parks and Recreation Department Staff FISCAL IMPACT: R, C'DBO funds have been approved for all costs relating to acquisition of the property and park s IdnPte'e . , meats. PARR staff requested additional funds in the 1994-'95 budget to rnaitrtain the ' sita Socae addrt . , oral fund for maintenance materials was ~g granted No other funds have ; been requested. l submltted: Respectful! s I I ~ eY } Lloyd V. Harrell City Manager 4>;, I a: 1 r 4 4 Barbara Rosh Community Developmmt Administrator < Appeoved " a Prok Robbins, AICP r Uecudve Director for Planning & Development j• ; r A~IJgOl71PkOQ.RHCy a nt i ' w•Li rl Ai . l.Ri64'. .A+r.w.tr.r JYV.., 1. I ~.\MDGCt10RL1GlLDMYLL.uo ~gec02No. q4 I 9ge~~a~ ~ kco _ ORDINANCE NO. E AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY FROM ROBERT H. CALDWELL, JR. AND ELINOR CALDWELL; ' ` AUTHORISING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN v EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: tom' SECTION i. That the City Council of the City of Denton, Texas, approves the contract providing for the purchase of the real prop erty described in the contract attached hereto, between the City of Denton and Robert H. Caldwell, Jr. and Elinor Caldwell. SECTION iI1 That the City Council authorizes the City Manager to execute any and all documents necessary to consummate the'pur- chase of real property in accordance with the contract. S' ~8Si1'ION iII, That the City council authorizes the expenditure of funds in the amount of Thirty Thousand Eight Hundred Twenty-Five' j Dollars ($30,825.00) for the purchase price of said property and 3 " any additional closing coats which may be incurred in the purchase. $ECTioN iV. That this ordinance shall become effective immed lately upon its passage and approval. p, f PASSED AND APPROVED this the day of 1494. BOB CASTLEBERRY, MAYOR { ATTESTS ;a JENNIFER WALTERS, CITY SECRETARY BY 1 APPROVED AS TO LEGAL FORMt MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: ~iK.~v-,~ UGe c i Y l~Lik III f ' ~endaNo ~ ~Q t ~~1l,ai f REAL-ESTATE CONTRACT Oj71I STATE OF TEXAS y COUNTY OF DENTON ~ THIS CONTRACT OF SALE is made by and between ROBERT H. CALDWELL, JR. and ELINOR CALDWELL (hereinafter referred to as ~ "Seller") and CXTY OF DENTON, TEXAS, s home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchas- er"), upon the terms and conditions set forth herein. i` PURCHASE AND SALE Seller hereby sells and agrees to convey, and purchaser hereby purchases and agrees to pay for the tract of land situated in Denton County, Texas, being more particularly described as Lots 40 and 3 of block 6 of the Owsley Park Addition together with all and singular the rights and appurtenances pertaining to the prop- orty, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "property"), together with any improvements, fixtures, and per- sonal property situated on and attached to the Property, ofor thend consideration and upon and subject to the terms, provisi, conditions hereinafter set forth. PURCHASE PRICE a.~,,,,+ ~~±rchas• Price. The purchase price for the 1. Property shall be the sum of THIRTY THOUSAND RIGHT HUNDRED TWENTY- kj FIVE DOLLARS ($30,825.00). of Purchase Price. The full amount of the Purchase 2. Y'fYlkint- Price shall be payable in cash at the closing. 4 PURCHASER'S OBLIGATIONS The obligationL or purchaser hereunder to consummate the trans- actions eoutemplated hereby are subject to the satisfaction of each of the following at conditions or prior of which to the losinq,waiwd in whole or in part by 1. ~r~li~ina~Title_Be~rS• within twenty (20) days alter the date hereof, Purchaser, at purchaserts sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a preliminary title report (the "Title Report") accompanied by copies of all recorded doctiAents relating to easements, rights-of- WAS] y 2AL1N0 i A~J U.03 ? `~/~y I way, etc., affecting the Property. Purchaser shall g ~ Seller ' written notice on or before the expiration of ten (10) days after Purchaser receives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller does not do so or is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to chasert otherwise, this condition shall be deemed to be acceP Pur have been waived table and any objection thereto shall be deemed to for all purposes. 2, Survey. Purchaser shall, within twenty (20) days from the date hereof, at Purchaser's sole cost and expanse, obtain a current I survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser and Seller. The survey shall be ' staked on the ground, and shall show the location of all improve m4.nts, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, it any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. It is mutually agreed that shall survey the property. Purchaser will ha.a ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the tan (10) day period, give Seller written notice of this fact, Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller does not do so or is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall W returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey, 3. $aller's comnl once. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warrantie& shall be deemed made by Seller to Purchaser also as of the closing dater 9 DID: lQ4~MI { 1. There are no parties in possession of any portion of the ' t Property as lessees, except the City of Denton, tenants at suffe.rance, or trespassers. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- sxent affecting the Property, or any part thereof, nor to the best ` knowledge and belief of Seller is any such proceeding or assessment ! contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. CIASING i 1 The closing shall be held at the office of Dentox Title Cox- pany, Denton, Texas, on or before , or at ouch title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "olosing date"). k CIASING REQUIREMENTS 1. .eller'2 Reggiremen s. At the closing Seller shalls A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditiono, sasesentso assessments, and restriction., except for the followinq: 1. Any exceptions approved by Purchaser pursuant to Purchaser's oblieations here- oft and Z. Any exceptions approved by Purchaser Ai in writing. B. Deliver to Purchaser a Texas owner's Title Policy at Purchaser's sole expense, issued by Dentex Title Company, S; Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Porch- , assr'■ favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Proporty subject only to those title exceptions listed in C1osiA4 ~ieruiremants hereof, such other exceptions as may be approved in writing by Purchaser, *.hd the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: 41 PAGE 3 i . k ate ' : E~Jm 5 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchasers !u 2. The exception as to restrictive cove- + pants shall be endorsed "None of Record*; ! 'E ana 3. The exception as to liens encumbering the Property shall be endorsed "None of E Record". f C. Deliver to Purchaser possession of the Property on the } day of closing. - 2. pUrchaser's Reoiirements. Purchaser shall pay the lull cash purchase price to Seller at Closing in Immediately available ! funds. 3, closing costa. Seller shall pay all ad valorem taxes assessed by any tax jurisdiction through the date of closing due r for all years, including 1994. :ij All othor costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser, including all escrow fees, cost of tax certificates and cost of preparation of deed. { { I REAL ESTATE COMKISSION ~i Any real estate commissions occasioned by the consummation of ` ' this Agreement shall be the sole responsibility of Seller, and Boller agrees to indesnify and hold harmless Purchaser from any and all claims for these commissions. BREACH BY SELLER 7 In the event Seller shall fail to fully and timely perform any i' of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement. I r BREACH BY PURCHASER Yn the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement. PAGE 4 ` I i~ 1 f E ,,'~odaA'o• L O MISCELLANEOUS 1. Assignment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of ` seller. 2. Survivaj cf Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of I` time following the closing of the transactions contemplated hereby shall survSve the closing and shall not be merged therein. 3: Notice. Any notice required or permitted to be delivered I hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres- ied to Seller or Purchaser, as the case may be, at the address sat forth beneath the signature of the party. 4. Texas 144 to Anoly. This Agreement shall be construed under and in acoardance with the laws of the State of Texas, and % all obligations of the parties created hereunder are performable in Denton County, Texas. t 5. Parties Bo+And. This Agreement shall be binding upon and j 1 inure to the bene'•:it of the parties and their respective heirs, executors, administrators, logal representatives, successors and assigns where pe-omitted by this Agreement. i 6. regal construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as it the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreemgnts Superseded. This Agreement constitutes I the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Q, Time of Essence. Time is of the essence in this Agreement. 94 Gander. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. PAGE 5 Yia.y r i e, 11. Compliance. Iri accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. i" DATED this day of , 1994. f SELLER ROBERT He CALDM L, JRe 2603 Jamestown Denton, Texas 76201 f ( h (ar~.~C..Y j MINOR CALDWELL i 2603 Jamestown Denton, Texas 76201 :yy PURCHASER f °j THE CITY OF DENTON, TEXAS i Byt agar LLOYD Ve HARRELL, City Man 215 E. HcKinney Street Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON atruaent was acknowledged before me on _ by ROBERT He CALDWELL, J to JDVNFER yX WALMM NO Pjbft IfATE Of iflG1! AL 1 ~.r 19g4 N IC N D FOR TEXAS December 19. t$ STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on by ELINOR CALDWELL* j NOTJRY PUBLIC IN !ND FOR TEXAS W~i i f owl E -diA6 ~seONO Ags^daIte Date STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before moo on by LWY V. HAARELL, City Manager, o! the C ty o! Denton, a municipal corporation, known to me to he the parson and t officer whose name is subscribed to the foregoing instrument and k acknowledged to me that the same was the act of the said City of bentons Texan, a municipal corporation, that he was duly authorized A' to perfora the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. { I NOTARY PUBLIC IN AND FOR TEXAS I y l ATTESTS' JENNIFER MALT£RS, CITY SECRETARY 5 r APPROVED AS TO LEGAL FORMt MIO WL A, WCEK, ACTING CITY ATTORNEY SY i { 1 i trltaiDlRLi.f - ' . y 7 PAGE • ti. rig WA'-~- CRE CENT CRESCENT OWSLEY ADDI ~(CA TON ~9~d3ti0 LINDEN m O p BROAD AY~j C 2 i~ -Keys `YtO 3 $z: < a Y ( < rAHHA [Oil ~L Affected Area EOAN Z Eo H SENA CO GR S ® O ON RES p $ ' i~ 's ~ SCRIrT E ~ t~~ g = AN RSON HOUSTON PL Q AA EH Y rEANL 35 ® ALAMO i ~ T YE GR N W OAK ■ z ° W Alf Q W OAK V + W H.: DRY W ICKORY t0 HICKORY fy S1Et A MUllE NY UllERRY ~ err J i 51 lO1TF < SYCA ORE SYCAMOR ° U NT E EDWAR S LOU lJ < CHEfT UT ~''~u N E z = PRAIRIE t ►pAIR E < < HIGHLA D HIGH NO a ' W MAPLE j MAKE ~e 0 EAGLE t ~ 3 EAGLE ~ o IlS Ip! W HFAN IN MARGIN COtUNSI ` j I 0 UNDER z GR E EE I u A z HIGHLA P MICHEA K j w WHIP►O it w C ti DSE E UNDSEYZ j n WE511I15G 30 19 < OARWO&L r 1 WILLOW ooo wIuowooD E w LowooD wnLowcR EST 1..~ , AfMI cr+°• IAUAEI SI S Dl Y a L _ < t +g pzp y { } 5';' p 1 F 41A IN 35 , All WAY i4 r W y AS Sty r L~ 1 i k v i t y r. CITY F COUNCIL G r F. urr i , 0I 0~ y a ~ pp Y i F.~. 1^Y r 4A¢ I 1 ► q4 -040 -VeWaNo. 1 Dg a ~--Q~ ~ ! CITY COONCIL RY~R~~Z DATSr December 4, 1994 TOr Mayor and Members of the City Council IROMr Lloyd V. Marrall, City Manager SDBJBCTr Colorado Boulevard Dedication i~ % 1 f Approve ordinance accepting dedication. 4 spin Development 24e. Is in the process of replotting the Denton Regional Medical Center, Addition to allow for further development of their land. They are I rOVirad to construct and dedicate this portion of Colorado Boulevard as part of s' their development as required by the Subdivision and 'Land Development Regulations. The developer is currently constructing the atreat. prior to e6oepting the construction and openirg the street to the public; the dedication must be aaeopted by city oounct and filed of record with the County Clerk's 0ffica. ~Bf? 1 j. LAUJUML {The sngideering a; Transportation Department will assume the'atreet and the teneral perpetual maintenance of ? public will use It for transportation purposes. s, . Cost of perpetual maintenance. y<: i "SD►,T LY B I SDr e L1 d . Barrel QCity Manager prepared bye i IF N3131am/pnn sngineering Tech Ii Right-of-Nay Approvedr Jar C DSrneering a Transportation s j I -VA1d3N0. Age! dall VICINITY MAP d~ 1 :r r ~ 111, I .III lay, SITE ,r`' j, ~ .P ECM i`•' MOM I M. .S. r j • } w~ QF F..iF-0.r II%WrDOC5\cODVPtC. PT) 9~ 94 gen('aNo. •~a~ Qa1i6 r,,r { ORDINANCE NO. I (.Q f " I 14 AN ORDINANCE ACCEPTING THE DEDICATION BY EPIC DEVEGOPHENT, INC. OF 5,000 SQUARE FEET OF LAND FOR STREET AND UTILITY PURPOSES! Al;D DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTroN Y. That the City of Denton, Texas, accepts the 1 } dedication of 5,000 square feet of land by Epic Development, Inc. t as described in the atlachod document of dedication. SECTION 11 That the Department of Planning is directed to show the property dadlcatod as a public street on the Official Map of thi,City,ot Denton, Texas. 4 S=IOK- jj4 That this ordinance shall become effective F immediately sApon is passage and approval. , i" ' Y PASSED AND AIPROVEO this the day of ___j 1994. BOB CASTLEBERRY, MAYOR , ry 1 do~~t ATTBf,Tt JENNtFEP. WAi,TERS, CITY SECRETARY t ~f `M ; ~ f ti H 1 F,.~ ~r 1!r f I k1 4 APPROVED IS. ItO LEGAL FORM: ~sfq. Er' MICHARL As &UCER, ACTING CITY ATTORNEY 117 1 I It i t„ ! , 5i v , Yn'ur~i)+``'' .sltlt DEDICATIOR OT PROPERTY FOR YCELIC OsE EPIC Development, Irr,., an affiliate of r) COW HEALTHTRUST, INC. dedicates to thf public forever for the ! a,139.G1) ilrR! use of streets and utilities the property described in Exhibit "A", attached to and incorporat-md herein by reference containing s total of NU 5000 square feet of land. t. i v ~Sxecrtod this 27A day of 1951. Pi I Aza_1_74-1~a ~-Vta torl"10 TtXNFont EPI t, Inc. r THE STATE OF VKUS 9 a COUNTY OF OkWo+ f y' This instrument was ackncwledged before to on _ ?7 19 C1q by Ol.F, Ar- JY - V /a0/6 f . JIK W rW ~flNl s r ' { ^ x r • 'Z/i KOLA Iy Public, r the State 0 1Mllei~WfY , C tt • MCTARY • r ` r PUSLIG S 's My Commission Ex0ires .a-34±4-y~ 214'L s ' 'r ' , n I ~ o ~ iAR08 n"eq~tmQ•rtha day of , 1991. d' ruo t"o,% r, +r ` ••~Nrncow. CITY (1 DENTGN 1ty fmm Abe E~pims 5fTI7, t991 BYt r~ &)b abet rry, Meyor AYTESTt .7ENYtrER VALTERS, CITY SECRETARY Oft 1 Y 4 < 1 .1 F N/t , l NiA 1'92••035 m,t~mNt r rt,a1 1 aca.nn" i EMBIT eta" LBdAL OEBCAlPTlON 5 ~/1J~ BEING 5000 square feet of land located in the DANIEL LAXE3RT SURVEY, - Abstract No. 764, Denton County, Texas, being a portion of Lot 1, r ! Block 084# D. Lombard Addition, an addition to the City of Denton, I Denton County, Texas as shown by a plat recorded in Cabinet "I", page 182 of the Plat Records of Denton County, Texas, and being more particularly described by metes and bounds as followst BEGINNING at a 1/3" iron rod sat in the Nest boundary line of said Lot 1, block "d", D. Lombard Addition and the East boundary line of a tract of land described in deed to Epic Development, Inc. recorded in r Volume 3245, page 699 of the Real Property Records of Denton County, Texas, lying N 00- S31 16" E, 418 .00 feet from said Lot 1, Block "B", being an interior conor t of said EEpic corner of J Development, Inc.l THENCE N 006 53' 16" E along the West bounds line of said Lot 1, y b tract, lock 081 feet to t a boundary line of said Epic Development 1/20 Iron .a, rod sett a THENCE 8 69. 06, 42" Be $0.00 feet to a 1/2" Iron rod set in the East f boundary line of said Lot 1, Block "8" and the Nest right- of-' way line of Future Loop 286 (a 120 foot wide right-of-way) THENCE'S 00• S3' 16" W along the rest boundary line of said Lot 1, 91oek "B" and the West right-of-vay line of Futurs Loop 288 (a JJJ 120 foot vide right-of-way), 100.00 feet to a 1/2■ iron rod sett n THENCE N 890 06f 42" We 50.00 fat to the PLACE OF BEGINNING, containing 5000 square fast of land. i j" r S is t , F i r' 4 ~ NSA 192-039 . ' « Au...lit 3. 1904 1"4w I ~ c 0~P a EPIC DEMome", Pic. 0 VOL. 7943. PD. G" I g I 0'~ { 1 R.P.M.D.C.T. 'o • 1 k8 N4061421E O y +50 00, 4}} +p ; a aD f PROPOSED COLORADC+ BOU_EVAM . 13c" 1 •a 401 i 1 ; ,SY Y~ RAY MOM TII ya 8 ~ acnt la.+~-~ioou~et J i1.r R.P.C.f. POINT OF EP C DEVELOPMENT. W. MGM" ~ VOL. u4e. PO. 6" ! I LOT 1 DL001 •A• n.r.n,D.c.T. P, Lcll~irlo Pan rx I CAD. •S V#" M! z E*MT •A• 8 a . t _ ROf-CAWAY SQUARE FEET FA T PARCEL { . rt LOCATEb N THE OANEL LMBERT SMEY, c ~ • , 44 A$44T.ACT No.784, CITY OF DENTON, DEMON COUITY~ TEXAS. VAIN ASS 01MA"idN00111i'la dM5 ` h~ °N~trsa, l x /w. I 1 t I f 1 CITY COUNCIL I t J B , 1 I (A I 1 J y 1 4 1i f r ; y 1 S ~ `I 1 1 k a p1 bbM i e r ~a r '.ra. ~rl rnr'Sfilri JfRo-.i}.•., , ...n Y.un ....ry. r.. r"..... "-'T.a s ,gY'AL'y rl O.ye l.4jy :°i'ifpm;.~ PpeadaNo -;D ApeoOaft . ~ oat, ~a -a4 f O~ S ON of DEAITON, TEXAS MUM10PAL BUILDING DENTON, TEXAS 76200 TELEPHONE (817) bM-M7 j Ofte of the City Mamw r r ;b I ~ MEMORANDUM N LI ! v fir'' S,lY S! 14- l Y. p TO: Lloyd V. Harrell, City Manager Ilz 1i4 FROM: Rick Svehla, Deputy City Manager DATEs November 30, 1994, 8UWECTs Fire Pension 33 Attach6d is the ordinance that we mentioned to the Council at the r' last study session. As you can see it acknowledges the pension r: system's election and meets the requirements of the Fire Pension Act is we understand it. It you 6r the Courbil has questions, we would be happy to try and Answer them for you. ~'P } Zoo Rl Sve a x Deputy City Manager ;a+ aY, r t ~ , a. I r • i~'R d , a is AINOOSt9 , e i i r js ~ .165 iA t J, ' iI r • i y i "Dedicated to Qualify Servile" ' ` . j•+.~..r.rr..r.w ..._._..,.«..~..............ya.n.,w..-no......-, v +f~•4t+A.4.Y:r 'r.~. _ t ' gf NtM i i /I~RIDOC/\C/D~!/J■fOQ.% 'F~i VuS ~evdoNo. ,E^d8?te 1`., V V ~ oF3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTONo TEXAS INCREASING THE EMPLOEE CONTRIBUTION OF EMPLOYEES PARTICIPATING IN THE CITY OF DENTO Y FIRE rIGHTERS RETIREMENT SYSTEM AND TRUST FUND) AUTHORI N ZING THE PAYROLL DEbUCTION OF SUCH CONTRIBUTION) AND PROVIDING FOR AN EFFECTIVE DAI E . + WHEREAS, the Board of Trustees (Pension Board) of the City of Denton Fire Fighters Retirement System and Trust Fund (Pension Fund) has requested the contribution of employees participating such pension fund be Inc Percent) and reared from nine (9) percent to ten (30) 0) WHERFV%S, the Pension Board advises the City that it hap con- plied with all of the requtrements set forth in Sec. 29 (a) and (d) of Article 62439 V.A.T.S. for increasing the employee contribution other than having such change in contribution approved by City ordinance) and WHEREAS, the requested change in contribution b employees does not have any effect upon the City's contribution to the Pension Fund previously approved by the city and funded in the 1994-95 budget) NOW, THEREFORE, ; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTONs SECT-_IOk i That the contribution to the City of Denton Fire f Fighters Retirement System and Trust Fund by employees partici- pating in such pension fund be increased from nine 9 ten (10) percent. percent to That the City's payroll deduction applicable to ? the employees participating in the ' implement this employee contribution effective January adjusted 0 9. to ~ SEC ~ That this ordinance shall become effective j lamedietTeIlyONuIIIpon its passage and approval. PASSED AND APPROVED this the 199 day of BOB CASTLEBERRY, MAYOR ^"s . ATTEST t JENNIFER WALTERS$ CITY SECRETARY BY, I f. tr'ti APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY r r r, 8Yf ` T f I k t f' e F . . NYC. 4. ~411 14~ 41 . 1, , i PAGE 2. f , CITY COUNCIL t 1 rR ~ , Q ' 4 }b 4 i i p x ~ rr. c.3 ~QIAdaNo q~} "04 D AplMdsufAl+l.~ ~ k Oate Id "lo-~ ORDINANCE NO. 'I AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRH OF WOLFE, CLARK i. HENDERSON TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 1 r i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r SECTION 1. That the Council of the City of Denton approves the retaining of the laafirm of Wolfe, Clark 6 Henderson to represent the City, at normal City billing rates, in pending litigation styled Moore v. Jez and _City and authorizes the expenditure of funds therefor. 1 rION Ii. That. this ordinance shall become effective immed- iately upon its passage and approval. (tYrV PASSED AND APPROVED this the day of r BOB CASTs,EBERRY MAYOR T[[, `x ` ATTEST; JENNIFER WALTERS, CITY SECRETARY ' BY $ s APPROVED AS TO LEGAL FORM: KICHAEL A►c 8UCEK0 ACTING CITY ATTORNEY y l L BY :C f ' .....~w...w..... irJ.,:'n.rvY.',..r-n......v,.J.l.iY,MY iri.q„M.r.' . rp. - p y s.. r J■11 I k CITY R COUNCIL,_ I i k a 7 M? c a F 'fin d ' 1 1 f ' t Olr, t t fl ~ Qendlblo ~4 -c4a_ E Aget►Qaftalr~,~~-$~ ate ~ iSe_~_ ORDINANCE No. f AN ORDINANCE OF THE CITY OF DE NTON RETAINING THE ON IN LAWFIRq OF WOLFE, CLARK & NSNDERSON TO REPRESENT THE CITY OF DEN''ON IN LITIGATION THERIFO AGAINST THS CITY AUTHORIZING THE EXPENDITURF OF FUNDS A THEREFOR; AND PROVIDING AN EFFECTIVE DATE. h Tito COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: { a '.PEON I. That the Co'Incil of the City of Denton approves the retain, of the lawfirm of Wolfe, Clark & Henderson to re resent the Clta .at normal City bills p styled may; t v. City and K i*.•x rates, in pending litigation funds therllor.- and authorizes the expenditure of Mala Y.,. That this ordinance shall become effective immed- tateIy upon its passage and a " pproval, K ,r < f PASSED AND APPROVED this the day of 199. ~rSf tll r f BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS , CITY SECRETARY IV; by I r, APPROVEL+ AS To LEGAL FORM: 1 MICHAFL A'. WCEK, ACTING CITY ATTORNEY • FPr j v , v ,V ~ye t. rr,r ,~^.J' Z Wit, ii~~ Y r %i i :u f F { I ~ ~r t. . E . E I i I i tt 1- , q6z MY of DENT0,1i1, TEXAS MUNICIPAL BUILDING a DENTON, TEXAS 76101 TELEPHONE (80-7) 566.8307 r9, Office of the City Manager MEMORANDUM rr qm T03 Lloyd V. Harrell, City Manager .w err , `i', pgpM: Rick Svehla, Deputy City Manager r t. s "r DATE: November 30, 1994 s + > SUBJECT: Amendments to the Bruce Brown Lease r .4 In August Mr. Brown appeared before the Airport Board to talk about Ilk " the prospect of splitting up his lease. He had inquiries about the 3 possibility of subleaoing or assigning parts of his lease as he had done with First Financial a number of years ago.`,. What these amendments do is to break the lease into three pieces and to extend the lease can those pieces of property. In return for t• doing that Mr. Brown ha6 agreed to increase the fees in future ears according to CPT and existing terms of the lease. r°ri ; Airport: board thought this appropriate and has recommended that as } indicated in Section VI of the minutes. These ordinaricei~ are stamped draft because all the parties must sign them. We believe we' will have the originate signed for the council meeting on ~ Tuesday night. v; d, r We would be happy to try and answer any other questions you or the I.{ f "1 5 Council might have. { t ? 2~ ti i z p~ _ D r tr'~~ R c ve a Deputy City Manager r yt R9irip I ; attachments r. 71, AMlp6l141 + a= a ; "Dedieofed to Qaallry Service" t F e ! ,f „Ef i i + P ~ r t As.•fry. M"i , 1i Aa"No ► `J MINUTES a 47 AIRPORT ADVISORY BOARD f ► AUGUST 240 1994 2~y ~Z a _DD VICE CHAIRMAN - TERRY GARLAND a THE CITY OF DENTON AIRPORT ADVISORY BOARD MET FOR ITS REGULAR MEETING AT 5:30 P.M., AUGUST 24, 19940 IN THE CITY OF DENTON MUNICIPAL AIRPORT CONFERENCE ROOM, DENTON, TEXAS. i MEMBERS PRESENT: Terry Garland, John Dulemba, Don Smith, James Jamieson, Jim Risser tr MEMBERS ABSENT: George Giikeson, Mike Stephens OTHERS PRESENT: Rick Svehla, Deputy City Manager, Joe Thompson, Airport Manager, Bruce " Brown, Airport Tenant I. CONSIDER THE MINUTES 1 The Board considered the Minutes of the regillar meeting of May 11, 1994. Minutes were approved with corrections to be done. r II. PUBLIC SESSION III. DISCUSS REQUEST FROM LAND LEASE TENANT BRUCE BROWN r j Joe Thompson Introduced Mr. Bruce Brown' who I rr addressed the Board regarding the extension of Mr. Browns lease Mr. Brown stated that he has three interested party's in the two hangars and the vacant lot he I is now leasing. Mr. Brown said he was in final I r, ✓ " negotiations with those individuals. Mr. Brown asked the Board to consider allowing him to exercise his option and take the (3) five year options, and the Constmer Price index every fifth year, as it states in his lease agreement. Mr. Brown intent's to survey his property, dividing it into three sections, making it easier to finalize 1 '.t 'j- t . ~i Ap 1 tN0-. p- qW Airport Advisory minutes 8-24-94 AW81 Pg. 2 !iC- •9 the legal aspects. Mr. Brown also stated he intends to sell part of his lease, and that he and the interested party's needed the information as soon as possible. Terry Garland asked Mr. Brown what his survey would ¢ encompass. Mr. Brown stated he had a survey that included I all of his leased property, and what he needed was a survey that subdivided the property into l three sections At B, and C. One of each hangar and one of the vacant lot. Rick Svehla pointed out to Mr. Garland that Mr. Brown would be selling his lease, according to the City of Denton, he would be transferring his lease. Mr. Svehla stated to Mr. Garland that the r _ Board would have to discuss that in Executive Session and the City Council would have to review the request but Mr. Svehla felt it was a very good y` i~. business strategy. i, Terry Garland asked the Board if they had any Ja {a objections to Mr. Browns proposal. i A E r i Rick Svehla told Mr. Garland he needed to receive ; those requests from Mr. Brown and discuss his request in Executive Session. Mr. Svehla remarked that they would notify Mr. Brown as to what the ; y 1 Board had decided concerning his request and if a' they were in agreement to leave the lease as it stood for the next tenant. ! John Dulemba asked Mr. Brown if he intended t Dr. r ; to return the vacant lot to the City. "rl ° k Mr. Brown stated that was not his main consideration. Mr. Brown did nat want to change a his lease agreement with the City, he is asking :r to exercise his options in the 13) .ive year lease ; extension. Mr. Brown asked if the City would like the vacant lot back that he is presently leasing, but he again reiterated that was not his main I concern. Mr. Brown was more interested in the f:l two hangars, due to the fact that he has three individuals negotiating on them. Mr. Brown stated he needed the information as soon as possible to N finalize his negotiations. ~ r I i Airport Advisory Minutes 8-24-94 ~ Pg. 3 Terry Garland asked the Board if they had any questions. Mr. Garland did not see any problems with Mr. Browns request, but felt the Board needed y to discuss it further in Executive Session. l Joe Thompson read tho lease section that pertains to Mr. Browns request: i E The term of this Agreement shall be for a pc,:iod of twenty-five (25) years, commencing on the 1st day of May, 1985, and continuing through the 30th day of April, 2010, unless earlier terminated under the provisions of the Agreement. Lessee shall have the first right of refusal to renegotiate this lease for three (3) additional five year Lessee terms by the Lessor rentals and and without mutually regard agree or or i considering the then cost of living index, Lessee's election to renegotiate this Lease shall be in ` writing addressed to the City Manager at least one hundred eighty (180) days before the expiration. of the primary term of twenty-five (25) years and at least 180 days before the expiration of each additional renegotiated period. The rental and terms to be negotiated shall be reasonable and I consistent with the then value, rentals and terms of similar property on the Airport. Lessee'q first i right of refusal to renegotiate this lease shall 1 expire upon the end of the last day of the primary ; `j. term of twenty-five (25) years and the last day of each additional renegotiated period. Don Smith stated that the Board needed to consider the request to allow Mr, Brown to sale his lease, and allow the new tenant to assume the lease without any changes to the existing leave agreement, Rick Svehla felt Mr. Brown would like sonde indication as to what the Board thought the costs f would be at the term of the options. Mr. Brown stated it would be difficult to sell his lease if he could not exercise his (3) five year options. Mr. Browr nts to extend the lease that he now holds, and .eave the Consumer Price index the way it has been, % James Jamieson stated to Mr. Brown the lease was one consideration and the Consumer Price Index adjustment was another. Mr. Jamieson wanted to .j ,1 t~ i 3 E w j gs- o ~tc~ AenOaNo Q ~T. rGL. ~ Airport Advisory Minutes 8-24-94 W2,Cm pg • 4 OBtB_. jL-(22 -9- know if a new lease had to be consiJored or was the lease Mrs Brown now holds, be unchanged and go to the new tenant? Rick Svehla stated to the Board that if Mrs Brown t was following the terms of his lease as it appeared w he had, and he did not want to cancel his lease, 1 then Mx. Svehla felt Mr. Browns request for an 1 I assumption of his lease should be discussed. Mrs Svehla wanted the Board to consider the possibility f { of renegotiations with Mr. Browns lease, in which I case Or. Brown would need to address the Board I at ano• her time. f James Jamieson wanted the terms of Mr. Browns contract pertaining to an assumption so that he { could more clearly understand the situation. Rick Svehla told Mr. Jamieson that they h "f Mrs Browns lease available to help the Board understand more clearly his request. Mr. Svehla wanted the i Board, to be able to mako an educatel decision. Mr. Svehla stated that there is a section in Mr. Browns lease that will explain how an assumption needed to be handled. 1 Jim Risser wanted to make sure the terms of the ; ` lease agreement stayed the same. i Rick Svehla told Mr. Tnisser that it would remain the same if the Board decided to leave the lease. „ as it now pertains to Mr. Brown. > I Joe Thompson notified the Board that if Mr. Brown extended bis lease, and then sells his lease to i another party, it then would have to go to the j City Attorney. The City Attorney would then have to rewrite the lease into the new tenants name k with any additions to the lease. Then City Council r would need to approve it. James Jamieson wanted to verify that the existing hangars on the land and the new lease agreement r. did not exceed the term of the lease, and that the lease did not affect the term of the lease agreement with the new tenant or the City of Denton. i w • E Rick Svehla addressed Mr. Jamieson and stated that did not concern the City of Denton but the new tenant. Mrs Svehla pointed out that the terms t ►:aaY. ApendaNo Airport Advisory Minutes 8-24-94 dal s Pg. 5 (a '2"6~ 4 2 i of the lease stated that the hangars and all lease property reverts back to the City of Denton at the end of the lease terms. Mr. Brown stated he did not understand at the time he leased the land and built the hangars that he would be paying both taxes and rent on the property. Mr. Brown also said that between paying both City taxes and City rent 48% of his revenue is taken each month to support those debts. Terry Garland said he did not see any difficulties with Mr. Browns request but stated that it needed to be discussed further in Executive Session. 1 Mr. Brown asked the Board if they could notify him as soon as possible so that he could complete his negotiations. k j Don Smith told Mr. Brown that Mr. Thompson would call and notify him of the Boards decision when " the meeting had adjourned. Rick Svehla restated to Mr. Brown that the Airport' }r,, Advisory Board did not have the final decision J concerning his request. Mr. Svehla told Mr. Brown that his request needed to go before the City f Council and-be approved, but that the City Council usually did not turn down a request from the Airport Advisory Board. IV. DISCUSS TRANSFER OF DONALD MAXWELL LEASE HOLD TO CHARLES C. MENGER, JR. Joe Thompson spoke for Donald Maxwell in his absence 1 pertaining to the assumption of his lease. Mr. Thompson notified the Board that Mr. Maxwell had sold his interest in the Port-A-Port hangar, located i on the south end of the Airport, to Mr. Charles wy, C. Menger, Jr. Mr. Thompson notified the Board a that he had told Mr. Maxwell that the Board and 1d° w' t City Council had to approve the lease assumption. ~f > ! The City Attorney will need to rewrite the lease to show Mr. Menger, Jr. is the new tenant. k , i } Ap~aNo 95-4'S~0 L. Airport Advisory Minutes 8-24-94 AQBI>0A MAaAt M. Pg. 6 owe 12 - 6.9 H 7cy 6 2 Jim Risser made a motion to accept Mr. Donald Maxwells request and allow Mr. Charles C. Manger, Jr. to assume his lease, Dr. Dulemba second the motion. A vote was taken and approved by all members present, 5-0. DISCUSS JOHN SELVIDGE LETTER TO THE BOARD t Joe Thompson spoke for Mr. Selvidge in his absence pertaining to a letter and map Mr. Selvidge had written. Mr. Selvidge has asked the Board to review the cost encountered by an individual to lease a hangar or to have a hangar built on various sights of the airportp Mr. Selvidge included his estimates. Mr. Thompson stated that Mr, Selvidge lidd in the past attempted to buy Mr. Browns vacant lot and had changed his mind. Terry Garland Selvidge has ~ r pointed out that Mr. .r chosen a prime location to build hir hangar. Joe Thompson added the property has all the amenities according to the Master Plan which states the value at 200. Rick Svehla stated his and Mr. Thom sons concerns of Mr. Selvidges letter. Mr. Svehla pointed out that Mr. Selvidge had chosen his site carefully. a Mr. Selvidge according to his first map is intending to build a hangar that is 75 x 751. Mr. Selvidge f wants to lease a 180' piece of property. Mr. Svehla s« s, did not understand why Mr. Selvidge needed to lease such a large space for a mid-sized hangar. Mr. Svehla felt that Mr, Selvidge had made an assumption as to how the Airport would divide that parcel ` of land. Mr. Svehla said that the airport could E place Mr. Selvidge on a smaller parcel.cf land, s and he would still be able to build the 75` x 75' f hangar. Mr. Svehla also stated that on the second map Mr. Selvidge in some ways stated the same request. Mr. Selvidge had- decided to add a ramp' to the side of hie building on, approximately 60' of ground, the reason for the placement of the ramp was unclear considering there is a taxiway that runs vertical to Mr. Selvidges proposed building site for construction, .a r AaMWO Airport Advisory Minutes B-24-94 +~2~ Pg. 7 Des g~ James Jamieson felt Mr. Selvidge could possibly have a utilitarian use for the land, and that may be why he needs such a large parcel. Rick Svehla stated to Mr. Jamieson that was one that his thThompson and well. himself continue to suggested on discussions with Mr. Selvidge to clarify his point of view. Jim Risser stated that he felt Mr. Selvidges letter was not a consider wheng it t co ebut s to something rcost for of h d vel ping land on the airport. Don Smith added that he sees this as an opening for further negotiations with Mr. Selvidge. Rick Svehla noted to Mr. Smith that he and Mr. 1 r Thompson had been working with Mr. Selvidge in the past trying to find a piece of land that would best suit Mr. Selvidges needs. Mr. Svehla included f' that discussion with Mr. Selvidge about purchasing lot ter Mr. Browns hangar or developing the vacanSvehle a located on Mr. Browns leased property. Mra also stated' that he and Mr. Thompson intend to continue their discussions with Mr. Selvidge. Mr. Thompson stated that Mr. Selvidge was away for a one month period and unsure of his return. Rick Svehla told the Board that he and Mr. Thompson qtr appointment with Mr. Selvidge when would make an u he returned. Dr. John Dulemba stated he did not understand why Mr. Selvidge needed such a large piece of land. Dulemba not one would be. cheaper thend thedtother ssection oMrla elvidge had written about. v' Rick Svehla stated that he felt Mr. Selvidge was trying to see if the Board would lessen the price on the land he had written about. Mr. Svehla noted that he and Mr. Thompson would continue to work with Mr. Selvidge. Don Smith noted that he felt the Board needed to work with Mr. Selvidge also. Mr. Smith wanted r, AVV& No S a) je% Airport Advisory Minutes 8-24-94 A00J411 aRrQ....... Pg. 8 Oate t ~ r 6z to discuss more in-depth with Mr. Selvidge his findings concerning his letter and look at the prices used by the airport to see if the airport was out of the economic range of future tenants. Mr. Smith felt if that was the case then they needed to discuss adjusting those prices at a later date. Jim Risser stated that Mr. Selvidge did not appear to give the lot size that he needed. Rick Svehla pointed out that Mr. Selvidge did not give any reasoning behind the size of the spaces he states he needs. Terry Garland stated that Mr Selvidge had ' approached him on a separate occasion and had shown F 1, I Mr. Garland how expensive it was to lease a hangar at the airport. Mr. Garland said that Mr. Selvidge had shown him that it was quite expensive to hangar f a privately owned plane at the airport, and that. the Board needed to think about this matter. Mr. Garland asked the Board to table the letter Mr. } Selvidge ha6 written and to talk about it further with Mr. Selvidge present. Jim Rier Selvidgeealso asked u til' Mr.ab elvidge could be present t. at the next meeting. Rick Svehla stated that Mr. Selvidges letter would Ri continue to be on the agenda until Mr. Selvidge ' could be present to discuss his proposal in person, V. AIRPORT MANAGERS REPORT i 0 Joe Thompso'.n addressed the Board concerning the latest talks with Freese 8 Nichols. Mr. Thompson slated Freese 8 Nichols finished the engineering t drawings for the Runway Extension. Mr. Jerry { Fleming has an appointment 3:00 p•m* to dverthen drAugust awings 25t 1994 are r' presentable to go to bid. Mr. Fleming and Mr. pJ Thompson will review them and take them to purchasing. Tom Shaw will open the project for bidding. When the City receives the bids, the City will then have a cost analysis done. Mr. Thompson stated that Mike Nicely, from the Federal Aviation Administration, will have money available in either September or October based upon how the ' i t . NNF~ µu'.cq LIZ% Airport Advisory Minutes 8-24-94 Ap@nda Pg. 9 ~tE r ' f 2 r Congress and Senate vote. Mr. Thompson believes that the Airport Runway Extension construction can begin this.year. t Jim Risser questioned the appropriations made by the Senate. Rick Svehla stated that as of last week it had gone through the House of Representatives and was waiting in the Senate, Since the Board had met l last it could have made it through the Senate. Mr. Svehla said that if it had gone through the Senate the Runway Extension could be in by the 4 end of the year. In which case the City could { receive the offer and approve it through the City Council on/or before October 11 1994. ky- Mr. Thompson addressed the Advisory Board on the status of the Master Plan explaining that it is scheduled for consideration for the City Council on September 13, 1994. Also the Height Hazard and and 'Land Compatibility use is scheduled for +aa consideration by the City Council on September 13, 1994. Mr. Thompson notified the Board as to the situation concerning the Final Air Carrier System Study. i s' Mr. Thompson told the Board the Air Carrier Systems Committee met on August 10th and agreed to stop' the Air Carrier System Study that was in process to determine the needs of an expanded air carrier f. system in the Metroplex. V2. INTO EXECUTIVE SESSION AT 6.45 P.M. OUT OF EXECUTIVE SESSION AT 7020 P.M. Don Smith made a motion to accept Mr. Browns a` request to exercise his option to take the (3) five year options and the Consumer Price index every fifth years but declined any request to take ; back the vacant land. Mr. Smith also stated that ,`r L the Airport Advisory Board authorized Mr. Thompson tit and Mr. Svehla to negotiate a similar deal if its s, asked for on the vacant land. t 1 I ' w^x,gaur'ar. *NaNo Airport Advisory Minutes 8-24-94 td3 $ ?.iz Pg. 10 1r.1 9 ~ ate it a6 2 Terry Garland restated the terms of Mr. Browns request of exercising his option of the 13) five year extensions and the Consumer Price Index every five years. j Don Smith agreed with Mr. Garlands statement. i Rick Svehla stated that if Mr. Brown was in agreement with these terms then the matter needed to go iefore City Council. ' p Dr. John Dulemba second the motion. All members s present voted to accept Mr. Browns request, 5-0. With no further business the meeting was adjourned' e' at 700 'p.m. , { THE NEXT MEETING OF THE AIRPORT ADVISORY. BOARD IS SCHEDULED FOR k'EDNESDAYt SEPTEMBER 21j, 1991 F [ AT 5530 P.M. IN THE 'DENTON AIRPORT TERMINAL ' t{I # BUILDING. i 1 R- ! r 1 1 run . ' 1 1 +~AdiNO q 'fl4~ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF DENTONr TEXAS AND BRUCE BROWN FOR APPROXIMATELY 0.770 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORTi AND PROVIDING AN ` EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS! SECTION I. That the City Manager is authorized to execute a ground lease agreement between the city of Denton, Texas and Bruce Brown for approximately 0.770 acres of land located at the Denton Municipal Airport, under the terms and conditions contained within this agxdament, which is attached hereto and made a pert hereof. SECTION IT, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1994. BOB CASTLEBERRY$ MAYOR - ATTESTi S r9~ t { ~ ~ ~ ~ I ~rf ln' JENNIFER WALTERSj CITY SECRETARY T' APPROVED AS TO LEGAL FORMt ' r MICHAEL A. BUCEKr ACTING CITY ATTORNEY Rr r- f 1 IY I 1 i . Vr c.roe s.,.:,.r r~ I 7 i '.(~eY sew a nnQ~ 2 AIRPORT LEASE AGREMUM !J v CONIIEItCIAL OPERATOR I THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S This lease is made and executed this day of r 19at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and Bruce Brown, having his principal offices at 900 Austin Street, Denton, Texas, hereinafter referred to as "Lessee". WITNESBETEi j 3 WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas= and WHEREASO Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related r,'Tr aviation facilities thereon; and NOWO THEREFORE, in consideration of the premises and thta mutual covenants contained in this Agreement, th,~ parties agree as follow: FOR AND IN CONSIDERATION of the foregoing and the mutual ° covenants contained herein, the parties hereby agree as follows: I. CONDITIONS Of AGRAVA MT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE j +SY' BINDING.. A. PRIM^IPLES OF OPERATIONS. The right to conduct aeronautical E ; E activities for furnishing services to the public is granted the s Lessoo subject to Lessee agreeing: 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and c Z. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebatos, or other similar types of price reductions to volume purchasers. B. NON•D SCRIMINATION: The Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of • !rare twu# 4res"m - Tract c - pegs 1 f i 1 A f i w tact - the consideration hereof, does hereby covenant and agree as a covenant running with the land that: I 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and tLe furnishings of services thereon, no person on the grounds of race, religion, color, sex, or denieda the origin shall ofd, excluled from otherwise be participation subjected ito discrimination; E 3. The Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle AN, Office of the Secretary, part 21, Nondiscrimi- nation in Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. ' C. SIGHT OF INDIVht understood by the Lessee that MAINTAIN AIRC1jj~Q. It is clearly which would operate to right or privilege has been granted operating aircraft on the air nt any person, firm or corporation 01, port from performing any services on ' its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. HPIL-EXCLUM RI HT It is understood and agreed that n othing herein contained shall be construed to grant or authorize the U.S.Cr ting of an exclusive right t•ithin tits meaning of Title 49 % Appendix S1349. I S. FUBLIC AF,R, 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of e the desires or views of the Lessee, and without interfer- i once or hindrance. i 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly facilities of the airport, together with owned the di ri h tact t to and control 9 all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have \ the right to lease the landing area or an the United States Government for military p or na alouse and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the Ito" 41466 Agr" WOt ~ Silt C - Dp4 7 ,k 3 i' % I i i i . . I Wd provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall ba subordinate to t2:e provisions of any existing or future agreement between Lessor %rd the United States or agency thereof, relative to the operation or 1 maintenance of the airport. iI II. LE11sED pAE11IeRA ! fff Lessor, for and in consideration of the covenants and agreements I herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas: A. LAUt A tract of land, being approximately 33,541.20 square feet, or 0.770 acres, drawn and outlined on Attachment "A" and described therein as Tract C such attachment being incorporated herein by reference. Together with the right of ingress and egress to said property; E and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employ- rSM1 east passengers, patrons and invitees. For purposes of this agreement, the term "premises" shall mean all property located j within the metes and bounds described and identified within r Attachment "A" as Tract C. including leasehold improvements con- structed by the Lessee, but not including certain easements or E property owned and/or controlled by the Lessor. Lessee further agrees and grants to all other properties described or depicted on Attachment "A" (specifically including the property located in the ' northeast quadrant of the survey plat, not identified by a tract designation or defined by field notes) the right of ingress and egress across the concre'ze taxiway as shown on attachment A. 8. II~pROVEIiENTS PROVIDED BY R: NONE: There will be no improvements provided by lessor, except as set forth in Article \ II.D. "Access to Utilities" below. f 9 _a \ } For the purpose of this Agreement, the term *Lessor improva- jt~RF melts" shall mean those things on the leasod premises belonging to, constructed by, or to be constructed by the Lessor, which enhances aroma 1*u• ~ _ lWcNrat - met c . 1aq* J ~ ~te or Increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by the Lessor. C. EASEMENTS. Lessor and Lessee by mutual agreement may eetablish, on the lease premises, easements for public access on roads and taxiways. i D. ACCESS TO UT_r.TmrrMe SLessor represents that there are water j and 3-phase electricity s within three hundred feet (3000) of the leased premises available to "tap-in" by Lessee, and that the same are s!tffieient for usual and customary service on the leased premises. i III. g~ The term of this Agreement shall be for a period of years, oom- f menoing on the day of , 19 and continuing through the 30th=ay of April, 2025, unless earler terminated under ! the provisions of the Agreement. Any attempt by Lessee to renegoti- ate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the stated tern of this lease, and at least 180 days before the expira- tion of any additional renegotiated period. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport. IV. Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees: A, LAND RENTAL shall be due and payable in the sum of Two r` Thousand Six Hundred Thirty-One apd 38/100 Dollars ($2,631.38) per year, payable in twelve (12) equal monthly installments in the sum of Two Hundred Nineteen and 28/100 Dollars ($219.28) in advance, on or before the first day of each and every month during the term of 1 this agreement. Notwithstanding the foregoing, the annual lease rental is to be reduced by the product of $0.078452 per square foot, times the number of square feet comprising all easements established in accordance with Article II(c). B. LESSOR iMPROVEM NTT RENTALS. NONE: There are no Lessor improve ants on the leased premises. C. PAYMENT PENALTY nni Ty~trmS, All payments due Lessor from Lessee shall be delivered to the Airport Manager, unless otherwise hen tease Arno t - Tract c - Pape 4 I0 V W-C designated in writing by the Lessor. Payments whichare more' a 62 than 15 days past due shall be assossed the penalty h one-half of one percent (0.51) per dayr compounded daily, per each day or a fraction thereof which the payment or fee is more than 15 days past due. The yearly rental for land and improvements herein leased shall be of thi lease on readjusted at thetendbof each of the e ro) year period during the term United States Consumer Price Index pforoallourban tcothe then current nsumers (cPI-u) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the October, 1994 index, which was 142.8 (1982-84 = 100). The original land rental amount is based upon $0,078452 per square foot per year for the land herein leased. However, in no event shall any of the rental adjustments exceed fifty percent (501) of the original rental. Each rental adjustment, if any, shall occur on the first day of may 1995, and every five (5) years thereafter. The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number for the first month of the first year of the lease term. If the product of this multiplication is greater than the minimum yearly rent of as set forth in Section IV.A. f pay this greater amount as the Lessee shall i next rental adjustment as called forrin this section. If theeproduct f of this multiplication is less than the minimum yearly rent of as set forth in section IV.A., there shall be no adjustment in the annual rent at that time, and Lessee shall rent as set forth in Section IV.A. Pay the minimum yearly rental adjustment as called for in th , the next is ns ction. Immno oevme shall any rental adjustment called for in this section result Ln an annual rent less than the minimum yearly rent of as set forth in Section IV.A. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsection (a) above, but su)stitutinq the index numbers for the { Consumer price index-Seasonally Adjustad U.S. City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth ge both the CPI _U for the Dallas-Fort worth geographical region. If U.S. City Average are discontinued during thep term lof this al ase, reion the the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the bran ieefe A9r*~t - tract C - Page S - 1 D Date S Z purchasing power of the consumer dollar during the termlve this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. V. RIORT8 AND OB .rr ATIONS OF ZBOBE , A. USS OF •Tra ZD PAFt Lessee is granted the non-exclusive privilege to engage in or provide the following: 1. Hangar >:aasea and R ntal The rental or lease of hangars and hangar space and rel ated facilities upon the leased pr emises. E 2. Office snaca t9ase or Rea .t The rental or lease of office space in or adjoining Lessee's hangars. 3. Aircraft storage and Tie Down To provide parking and tie dc,wn service, for both Lessee's and itinerant aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to de with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not ' unreasonably withhold authorization to conduct aeronautical or f related services. B. MH~$. Lessee shall meet or exceed the following standardst AddrAus Lessee shall file with the Airport Manager and keep current their mailing addresses, telephone numbers and contacts where they can be rer.ched in an emergency. 2. current Lessee list shall of l its itenants and sublessees.~ager and keep X11 3. Conduct. Lessee shall contractually require its employers and sublessees (and sublessee's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce its contractual rights in the event of a default of such covenants. 1 46 Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the Ian Leese Aorewa t - Tact t - pspe 6 I w 0 Va s I~ timely payment of utilities taxes ~Q ic a fees and assessments lawfully levied ore license assessed. f 5. L AU. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and all necessary and/or required licensesiorapermiteent place 6• Maintenance of Prooerty, Lessee shall be responsible for the maintenance, repair and upkeep of all property, build- ings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectional matter or thing. Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wracked or permanently disabled aircraft, aircraft parts, automo- biles, vehicl3s of any type, or any other equipment or items E which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premise be used for a flea market type sales operation. 7. UnauthoYf~ed uss of premises. { Lessee may not use my of the leased land or premises for the operation of a mote., hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, exc%tpt as authorized herein. j S. Dwellings, it is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the lessee, his tenants, invitees or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises, i 9• Quiet 1'osssssinn, Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease ore any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. lb, Hold Harmless, Lessee shall indemnify and hold harmless the Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises, IMP Lane Upr"wt • Tract C • Pepe 7 1 I, i~ alto . 11.1Fg1~• Lessee agrees to §0*0 roer dispose of all chemicals and chemicallreY store, sidues; co lect and store, confine, collect and dispose of all proerl comply spray In the atmosphere, and Paint, including P Y with all paint produ st and to governin the storage, ' State and Federal re cals and paints, g handling or disposal of gsuch chemulations ns 12. Hazard QUS Activittee restriction o-e regulation Lessee violate any law, rule, Federal Aviation Adminration or the Y Denton in or t or h uld the Lessee en a permit other persons or agents to engage in activities which could produce hazards or obstruction to air navi a. Lion, obstructions to visibility aircraft navigational aid station or device, wither airborne writing and deliver written notice or to interference with any or on the ground, then Lessor shall state such violation in agent on the premises leased Lessee or or to the Lessee s leased premises who are causing said violation(, s n (s) on the delivery of such written notice )r and upon to demand that the , Lessor shall have the right tion{s} cea person(s) responsible for the viola- se and desist from all such activity creating the violation(s). In such event demand that corrective ntg seer shall have the right to immediately to restore the action leased required, be commenced with the particular law premises into conformance „ SFr` being violated, we rule or aeronautical regulation person(s) responsible for the to desist from said violation violations) fall and to immediately commence cease one correcting the violation 5. tions within twent (s and and to complete said correc- ~ x notification then Lessor y~four (24) hours following written I o the leased ' shall have the right to enter onto r shall not premises and correct the violation r" improvements cn sponsible for an ncsurred to Lessor the leased premises damages i any s corrective action process. as a result of the the ri htM- ring the terra of this Aggreement q , at its own e Ala Signs identifying Own eexp ense, to place in or on~theLessee silease premises . sins design, and at a location oraloc tions hall be of a ze, shape and in conformance with any overall directional ra ~ - established by Lessor for the Airport, g phics or sign program b ePair~hl u bout the unreasonably. Said signs shall be maintained in good other provision of this term a reementis rgTeement. Notwithstanding an orty of Lessee. Lessee shell remove said signs shall remain the prop-signs and , at so erected on the pr mises at theael xpiration lettering, the term of this Agreement or 9xtensions thereof, ~ of of s bran Lpp Aprae~lnt . Tract C . rap s ►Y..w Agenda to Date /2- A VI, COYMO S BY LESSOR 2J4-62 Lessor hereby agrees as follovs: A. pEACEF n, EMPLOYMENT. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; B. COMPLIANCE. Lessor warrants and represents that in the i establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributes by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise, i abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. { VII. SINGIRL CONDITIONS i~ It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A, RUNKAYS AND TAXIWAYS. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to i limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such I time that the runway and designated taxiways on the Airport have I been improved to handle aircraft of such excessive weights. it is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as ouch studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject the Lessee to be liable for any damages to the Airport that might result. Scows Lane Lgro~t - met a . Page f , c~qt Agenda Agenda~t ' ~ . Dete ~ - - VIII. LEABEHOLD IMPROVEMENTS 41 6 A. REOUIREMENTS: Before commencing the construction of any improvements upon the premises, Lessee shall submit: 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by the Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction= 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and j specifications shall be deemed approved. Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessons City Manager from time to time as such costs ate paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the Cityy Manager when endorsed by him upon said contract shall be 4;N conclusive upon all parties for all purposes of this agreement. B. ADDITIONAL, CONSTRUCTION OR IMPROVEMENTS: Lessee is hereby authorized to construct upon the land herein leased, at its own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the i operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII.A., above. C. OWNZgHIP OF IMPROVEM~ENTS: All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions: 1. Removal of of Buildings. No building or permanent fixture may be removed from the premises. Orom Leau LgrM~66 - TZ4" C - F&" 10 1 i Agendalt Qate -T ' S p 62 2. ssu tion. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of the Lessor absolutely in fee without any cost to Lessor. 3. Building Life. It is agreed that the life of the building to be constructed by Lessee on the property herein leased is i3 twenty-five (25) years. 4. Cancellation. Should this lease be cancelled for any reason before the end of the twenty-five (25) year term, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one twenty-fifth (1/25) of the undepreciated value of such building for each year remaining on the agreed life of such building. The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. 1 II. 80BROOATION OF NQRTaA3EE k Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, struc- ture, building or improvement shall, ur,on default of Lessees obligations to said mortgagee, have the right to enter upon said ! J leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, f` for a period not to exceed the term of the mortgage with Leases, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this lease. It is expressly under- E stood and agreed that the right of the mortgagee referred to herein is 'limited and restricted to those improvements constructed with ~x ! funds borrowed from mortgagee. X. RICET O! RA9E1[M Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing 1 underground utility services to, from or across the airport property or for the construction of public facilities on the Airport. How- ever, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to orig- inal condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construc- tion. Construction in or at the easement shall be completed within t' a reasonable time. F frown bNq Agrowat - tract a Page 11 •y I r 'iI D 1 AgWalt Date ~2- 2~1~ 6 Z, XI. "$Ions" 0r LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest in its business, through the sale of stock or otherwise, transfer license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes; pro- vided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. XII. INSURANCE j A. REQUIRED INSURANCE: Lessee shall maintain continuously in effect at ill times during the term of this agreement, at Lessee's expense, the following insurance coverage: E 1. Comprehensive general liability covering the leased premis- es, the Lessee or its company, its personnel, and its I operations on the airport. f l 2. Aircraft liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amountse Bodily Injury and Property Damages One Million Dollars ($1,000,000) combined single limits on a per occurrence basis. 5. All policies shall name the City of Denton as an additional named insured a:.d provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies and renewal certificates. srdm L4&" 2grNret - tract Q - PS96 12 I ,ate. D3te._._.,,_ Z During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport, in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insur- ance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by state law. I Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. ~ VIII. S~IPCEi.;.`'^IOlf BY LIl89QR In the event that Lessee shall file a voluntary ibta an ptcy or proceedings in bankruptcy shall be insuted aga in inst and Lessee thereafter is adjudicated bankrupt pursuant to s uch f proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of an Federal reorganization act, or Lessee shall be divebted of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terns, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then. Lessor may, terminate this lease by a written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIIi Paragraph D (Cancellation) hereof. Iran teso Alrewnt - Tract C • Page 13 1 ru Sol Ito , fete 2' - s s1" 6Z IIV. CANCELLATION SY LESSER Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written t notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regula- tion of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casmalty; or (4) the assumption or recapture by the United States Government or any authorized agency thereof the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of sny of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. i !V. ![ISCELLM"W1 PROVIBIONS This Agreement constitutes the entire « understanding between the parties and as of its effective date i supersedes all prior or independent Agreements between the parties 1 covering the subject matter hereof. Any change or modification f hereof shall be in writing signed by both parties. r" 8. BINDING EFFECT. All the covenants, stipulations and agree- ments herein bhall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective par- ties hereto. C. BEVERABILITY. If a provision hereof shall be finally declared void or illegal by any ccsrt or administrative agency hav- ing jurisdiction, the entire Agreement shall not be void; but the rema ping pr~»«isions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 0. KWIC Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follows: tro" lwua Apraowmt tract C - Papa U ..r +WU Wor p Iwo, i r, 4~endaNa Agendal 1. If to Lessor, addressed tot Date ✓ City Manager City of Denton 'S4 Denton, Texas 76201 r r. h Jm 1 H 2. if to Lessee, addressed to: i { Mr. Bruce Brown Route 3 j Roanoke, Texas 76262 Notices shall be deemed to have been received on the date of 1'r receipt as shown on the return receipt. E. HEADINGS. The headings used in this Agreement are not j intended for convenience of reference only and do not define or {I limit the scope or meaning of any provision of this Agreement. ! F. GOVERNING Ll►W. This Agreement is to he construed in i accordance with the laws of the State of Texas. rw c IN WXTNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR ;rra , a; 4 BYt BOB CASTLEBERRY, MAYOR ,y, YL ai.: ATTESTt.. - a :TS.ri JENN.TFER WALTERS CITY SECRETARY r Y' w CITY OF DENTON, TEXAS ~ a rr APPROVED AS TO LEGAL FORMS MICHAEL A. BUCEK, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY t i ° scam Lu• /prbwnt - rrkt G - 11g4 11 , 'r WAA"WV spend 1ge,!dalt ' 62 t' BRUCE BROWNr LESSEE THE STATE OF TEXAS $ { COUNTY OF UENTON S i This instrument was acknowledged before me on the day of s ,w e , L , 19 „r by Bruce Brown. 5 e NOTARY PUBLIC, STATE OF TEXAS ` my commission Expires: 5 I i 5 r 1 % t ~.3i { 11 r - oy r1 '4.P °{J t r r yr ~ la. aye.` . , . 4 Irmo W" IyrMwet - fret C - PA" 1L I ~ ;r owl Drovnt..,otA 2g~6 2 ORDINANCE NO. -1 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BRUCE BROWN FOR APPROXIMATELY 0.439 ACRES OF PROPERTY LOCATED AT THE AENTON MUNICIPAL AIRPORT] AND PROVIDING AN EFFECTIVE DATE. J ,p THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: € SECTION I. That the City Manager is authorised to execute a ground lease agreement between the City of Denton, Texas and Bruce Brown for approximately 0,439 acres of land located at the Denton € Municipal Airport, under the terms and conditions contained within w~,f k t+ this agreesent, which is attached hereto and made a part hereof. ci' f, qtr r SECTION II. That this ordinance shall become effective inwediatelY upon its passage and approval. ' 'Fry, f PASSED AND APPROVED this the day of , 333 1994. BOB CASTLEBERRY, MAYOR ATTEST: F~af JENNIFER WALTERS, CITY SECRETARY r sry, APPROVED AS TO LEGAL FOAMS " MICHAIL A. BUCEK ACTING CITY ATTORNEY x`1 d .r j r , 1 N MV. r Zvi AIRPORT LEASE AGREEMENT COXNERCIAL OPERATOR THE STATE OF TENAS S S KNOW ALL MEN BY THESE PRESENTS: ; r. COUNTY OF DENTO:Q S This lease is made and executed this day of at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and Bruce Brown, having his principal offices at 900 Austin Street, Denton, Texas, hereinafter referred to as "Lessee". ■IT1PEOSMS WHEREAS, Lessor now owns, controls and operates the Municipal 'l 4 Airport (Airport) in the City of Denton, County of Denton, State of fly Texas= and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related i , aviation facilities thereon; NOW, THEREFORE, inconsideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follow: ^',`11 FOR AND IN CONSIDERATION of the foregoing and the mutual covenants contained herein, the parties hereby agree as follows: I. CONDITIONS Or AST NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE.LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE a'i 1 y y BINDING. A• PRINCIPLES OF OPERATIONS. The right to conduct aeronautical activities for furnishing services to the public is granted the Lessee subject to Lessee agreeing: "Vi F, } L To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and 2, TO charge fair, reasonable and not unjustly discriminatory ,ter prices for each unit or service; provided, that the Lessee may he allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. i S. NOH-DISCRIMINATION. The Lessee, for himself, his personal °4 representatives, successors and interests, and assigns, as a part of j l~~QaN4 ~ g L~ the consideration hereof, does hereby covenant and agree a as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits ol, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under i such land and the furnishings of services thereon, no { person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, j denied the benefits of, or otherwise be subjected to I discrimination; f I 9. The Lessee, shall use the premises in compliance with all { other requirements imposed by or pursuant to Title 49, Code 3 of Federal Regulations, Department of Transportation, Subtitle A, office of the Secretary, Part 21, Nondiscrimi- nation in Federally assisted programs of the Department of Transportation- Effectual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. C. RIGHT OF INDIVmrrsia mn vir•~iAiN R' It is clearly understood by the Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation 4 operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform, D. NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. Appendix 81349. " E. PUBLIC o sS. t 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interfer- ence or hindrance. 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are in.onsistent with the seas Lup •~rar•t . !r•et a - q~• ~ , 0 Ld•.gly ,.,taw 'V/Ak ~r ~~0 T 32 d L provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right Lessee from erecting, or to prevent building or other stcture on ort adjacent to erected, an the airport which, in the opinion of the Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport. II. LLSA9ED PRBMI886 P~ Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the j' following described land situated in Denton County, Texas: A. L&M. A tract of land, being approximately 19,122.84 square ' feet, or 0.439 acres, drawn and outlined on Attachment "A" and described therein as Tract A, such attachment being incorporated herein by reference. tr Together with the right of ingress and egress to said property; and the right in common with others so authorized of passage upon A the Airport proparty generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employ- * as, passenger "Premises" , patrons and invitees. For purposes of this agree- I went, the term shall mean all property located within the } metes and bounds described and identified within Attachment "A" as Tract A, including leasehold improvements constructed by the Lessee, E 't but not Including certain easements or property owned and/or controlled by the Lessor. Lessee further agrees and grants to all other properties described or depicted on Attachment "A" (speoifi- " ! rally including the property located in the northeast adrant of the survey plat, not identified by a tract designation or defined by field notes) the right of ingress and egress across the concrote taxiway as shown on attachment A. 8. IKMWZtI[R►rrg pROVLU NONE Thera will be no i improvements provided by Lessor, except as set forth in Article II.D. "Access to Utilities" below. For the purpose of this Agreement, the term "Lessor improve- ments" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor, which enhances ~csr l,wa ►}rw.n . swat sip ~ I ~ ~ ~.~egddNO ql ' or increases, or w:ll enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by the Lessor. C. EASEMENTS. Lessor and Lessee by mutual agreement may establish, on the lease premises, easements for public access on roads and taxiways. D. ACCESS TO UTILITIES. Lessor represents that there are water and 3-phase electricity lines within three hundred feet (3001) of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises. The term of this Agreement shall be for a period of years, com- mencing on the day of , 19 and continuing through the 30th ay of April, 2025, un eea earl=terminated under the provisions of the Agreement. Any attempt by Lessee to renegoti- ate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the r v" stated term of this lease, and at least 180 days before the expira- tion of any additional renegotiated period. The rental and terms to be negotiated shall be reasonable and consistent with the then <<' value, rentals and terms of similar property on the airport. Iva PAYlums. aa11TALa A11D pass e y + ' Lessee covenants and agrees to a Lessor, as consideration for d o-~'~3 this lease, the following payments, rentals and fees: A. LAND RENTAL shall be due and payable in the sum of one Thousand Five Hundred and 23/100 Dollars ($1,500.23) per year payable in twelve (12) equal monthly installments in the sum of One Hundred Twenty-Five and 02/100 Dollars ($125.02) in advance, on or before the first day of each and every month during the term of this agreement. Notwithstanding the foregoing, the annual lease rental is to be reduced by the product of $0.078432 per square foot, times the number of square feet comprising all easements established in accordance with Article II(c). S. LESSOR IMPROVEMENTS RENTALS. NONES There are no Lessor ;art improvements on the leased premises. r s C. PAYMENT. PENALTY. A0.rlSTMENT,~. All p~ymerits due Lessor from Lessee shall be delivered to the Airport Manager, unless otherwise Sswa Laaaa Atrtes"t - tract t - tan r ON r ~E ~ er t3 F -9u 3y~6z designated in writing by the Lessor. Payments which are more than 15 days past due shall be assessed the penalty of one-half of one percent (0.5%) per day, compounded daily, per each day or a fraction thereof which the payment or fee is more than 15 days past due. The yearly rental for land and improvements herein leased shall be readjusted at the end of each five (5) year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the j October, 1994 index, which was 142.8 (1982-84 3 100). The original i land rental amount is based upon $D.078452 per square foot per year { for the land herein leased. However, in no event shall any of the rental adjustments exceed fifty percent (501) of the original rental. Each rental adjustment, if any, shall occur on the first day of May 19951 and every five (5) years thereafter. IEI { The adjustments in tine yearly rent shall be determined by t multiplying the minimum yearly rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number for the first month of the first year of the lease term. If the product of this multiplication is yreater than the minimum yearly rent of as set forth in Section IV.A., Lessee shall f pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the minimum yearly rent of as set forth in Section IV.A., there shall be no adjustment in the annual rent at that time, and Lessee shall pay the minimum yearly rent as set forth in Section IV.A., until the time of the next rental adjustment as called for in this section. In no event shall E j any rental ad4ustment called for in this section result in an annual rent less than the minimum yearly rent of as set forth in Section I IV.A. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. I Department of Labor, Bureau of Labor statistics, is discontinued f during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth ~sin Subsection (a) above, but substituting the index numbers for the k4 Consumer Price Index-Seasonally Adjusted U.S. city Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If ' T, S' _ ~ ati,,«• both the CPI-U for the Dallas-Fort Worth geographical region and the U.S. City Average are discontinued during the term of this lease the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly corparable to z the CPI-U applicable to the Dallas-Fort Worth geographical region. 4 If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the Icwa Lea60 Atew.ot . tract • . rare r r- R.u'. AgendaNo ' purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using tte most nearly comparable statistics published by a recognized financial authority selected by Lessor. V. RIONTB AND OBLIGATIONS O! vaM A. E_ OF LvaSfiD PREItIGF4, Lessee is granted the non-exclusive privileguSe to engage in or provide the following: i. Hangar rs+aaes and RantA The rental or lease of hangars and hangar space and related facilities upon the leased premises. j ` 2. office Soa a L~aae or Rental, The rental or lease of office space in or adjoining Lessee's hangars. 3.aft 5toreae and To Do - To provide parking, storage t and tie down Service, for both Lessees and itinerant k aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail .y or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such I ^f ! commeroial, retail or industrial activity, The Lessor shall not tttt unreasonably withhold authorization to conduct aeronautical or related services. ' F 8. BTU. Lessee shall meet or exceed the following stsnderdst "V 1. Address. Lessee shall file with the Airport Manager and keep current their mailing addresses, telephone numbers and contacts where they can be reached in an emergency. i 2. L1Bt.• Lessee shall file with the Airport Manager and keep current a list of its tenants and sublessees. y , 3. c°n~. Lessee shall contractually require its employers and sublessees (and subleases's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce its "F{ contractual rights in the event of a default of such covenants. 4. sLtilities Tax@s and Fees. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the r , i Y I CA 14 . ,ggea0a~ta, Ageh~afSe _ 14 Date timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. 5, Laws. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, build- ings, structures and improvements, including the mowing or l „ elimination of grass and other vegetation on the Premises, A and shall keep said Premises neat, clean and in respectable - condition, free from any objectional matter or thing. " Lessee agrees not to utilize or permit others to utilize y~•,:' areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automo- I biles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. .KIM 7. Unauthorized use of premises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, ~ restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as °s? > ' authorized herein. I 6. Dwellings. it is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the losses, his tenants, invitees, or guests be permitted to f. reside or remain as a resident on or within the leased d' premises or other airport premises. t { 9. Quiet Possession. Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease ore any renewal or extension thereof, and deliver up the premises to Lessor in as good condition an existed when possession was taken by Lessee, reasonable wear and tear excepted. 10. Hold Harmless Harmless. Lessee shall indemnify and hold harmless the Lessor from and against all loss and damages, Including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises. oxen UaN als*w.nt - great a !.p 1 1 re Aggoda~I ~'~DOIe 11. Chemicals. Lessee agrees to properly store, co~ ect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, state and Federal regulations governing the storage, handling or disposal of such chemi- cals and paints. ' 12. }Lazar ous Activities. Should Leases violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage x' in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air naviga- tion, obstructions to visibility or interference with any 4 aircraft navigational aid station or device, wither airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's [ agent on the leased premises, or to the person(s) on the f leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the viola- i tion(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced + immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the j s + person(s) responsible for the violation(s) fail to cease and desist frvY said violation(s) and to immediately commence correcting the violation(s), and to complete said correc- v 4tions within twenty-four (24) hours following written not;.ication, then Lessor shall have the right to enter onto ' the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process. 3 D. SIGNS. During the term of this Agreement, ir.essee shalt have j the right, at its own expense, to place in or on the lease Premises signs identifying lessee, Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport. Lessor's approval shall not F be withheld unreasonably. Said signs shall be maintained in good " repair throughout the term of this agreement. Notwithstanding any other provision of this agreement, said signs shall remain the prop- erty of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. scan Nast Ar"M.t - stact t - e.#. t Aa►'ondd~or d Date . ~ . } vI. coy no BY LESSOR 8 6 2 Lessor hereby agrees as follows: A. PEACEFUL EM nvucgm. That on payment of rent, fees, and r performance of the cov6oants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all tights and privileges herein granted= B. LVAW& . Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal f Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributes by the Federal Aviation Administration, or any other novernmental authority relating to and including, but not limited to, noise, abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lssee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport= Lessor further warrants and represents `.hat at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. vile P..p1l~IAL COIfDITIONB It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A. $llt~'.".Y8 AND T Xrwwc, thousand That because of the present sixty j (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated tax iwa bee ys on the Airport have n improved to handle aircraft of such excessive weights. It i. F further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject the Lessee to be liable for any damages to the Airport that might result. at*" L"10 Alrwgat - tract A - Nr f ^i i ~endaN4'~ AdWalte rja te 1_2'6- y VIII. LUORHOLD IMPROVERIM 314 9 Z i A. REQUIREMENTS. Before commencing the construction of any improvementR upon the premises, Lessee shall submits 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by the Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, much plans and specifications shall be deemed approved. Documentary evidence of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs ate paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. B. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS. Lessee is hereby authorized to construct upon the land herein leased, at its own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, proO ded however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII.A., above. C. OWNERSHIP OF IMPROVEMENTS. All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following 1%onditions, terms and provisions: Is Removal of Buildings. No building or permanent fixturo may be removed from the premises. I Orora GasQ Aga""" t - *rtrt ► - FNIG It ' IT ' T r 2. A~sumntion. All buildings and improvements of w01 hatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of the Lessor absolutely in fee vithout any cost to Lessor. 2• Bui~ldinc Life. It is agreed that the life of the building to be constructed by Lessee on the property herein leased is twenty-five (25) years. i 4. Cancellation. Should this lease be cancelled for any reason before the end of the twenty-five (25) year term, it is especially understood and agreed that Lensor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one twenty-fifth (1/25) of the undepreciated value of such building for each year remaining on the agreed life of such building. The undepreciate,: %palue of all improvements is to be determined by having such imp,•evements appraised b three appraisers, by one appointed by Lessor, one appo1n"6'Y4 by Lessee and one appointed by the two appraisers. ix. BtrsnoaAZl~x or w~n~~ Any person, corporation or institution that lends moray to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, atric- turs, building or improvement shall, upon defsult of Lessek~ls obligations to said mortgagee, have the right to enter upon said G leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no f event longer than the term of this lease. It is expressly under- stood and agreed that the t*ight of the mortgagee referred to herein is limited and restrictad to those improvements constructed with funds borrowed from mortgagee. X. ~LQ$T O! eASSx; Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing r, a underground utility services to, from or across the airport property or for the construction of public facilities on the Air,30rt. How- ever, any such easements shall not interfere with LeaseeOs use of r the leased premiss and Lessor shall restore the property to orig- a inai condition upon the installation of any utility services on, in, over or under ary such easement or the conclusion of such construc- tion. Construction in or at the easement shall be completed within a reasonable time. BrM 1rN64 AjzN o% - h.C{ A . n„ 21 lap AgendaNo _ to - _ EI. AssIONKeNT or LEAss i Lessee expressly covendiitb that it will not assign this lease, convey more than ten percent (104) of the interest in its business, through the sale of stock or otherwise, transfer license, nor sublet t'•°` the whole or any pirt of the said premises for any purpose, e..cept for rental of har;gt space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or { assignment of the faoilities for the airport related purposes: pro- vided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this lease shall remain Y binding upon the assignees, if any, of Lessee. ? III. INSURANCE k A. REQUIRED INSURANCE. Lessee shall maintain continuously in o effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverages 1. Comprehensive general liability covering the leased premis- es, the Lessee or its company, its personnel, and its ! operations on the airport. i. 2. Alrcraft liability to cover all flight operations of Lessee. ! 3. Fire and extended coverage for replacement value for all faoilitieo used by the Lessee either as a part of this { agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum s s+ amounts: Bodily Injury and Property Damages One Million Dollars ($1,000,000) combined single limits on a per occurrence basis. 5. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. f 1 " 6. All policies must be approved by the Lessor. at 7. The Lessor shall be provided with a copy of all such policies and renewal certificates. . I MS iMH Aft"Mat - }tats A - nr 17 III ~ Y q tendaNo, A~♦ ttd 1t' !I. ASSIGNMENT OF LEASE Lessee cx-ressly covenants that it will not assign this lease, convey more than ten percent (101) of the interest in its business, through the sale of stock or otherwise, transfer license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes; pro- vided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this lease shall remain r binding upon the assignees, if any, of Lessee. ( X111 INSURANCE A. REQUIRED INSURANCE. Lessee shall maintain continuously in f effect at all tines during the term of this agreement, at Lessee0s expense, the following insurance coverage: 1. Comprehensive general liability covering the leased premis- es, the Lessee or its company, its personnel, and its operations on the airport. 2. Aircraft liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a cart of this agreement or erected by the Lessee subsequent to this E agreement. 4. Liability insurance limits shall be in the following minimum amounts: Bodily Injury and Property Damage: i One Million Dollars ($1,000,000) combined single limits on a per occurrence basis. 5. All policies shall name the City of Denton as an additional named insurad and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies and renewal certificates. Trews Lena Agrewat - Trace A - fap if N n~ n~ t _6 _ u ~12~ bs During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport, in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insur- ance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the following receipt of a notice in writing from Lessor stating the increased or F adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United ! States of America, then in such event, Lessor shall have, the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lesseets default of this Lease. xIII. CANCELLATION By LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against I it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganizaton act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may, terminate this lease by a written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph D (Cancellation) hereof. Brown lean Agreement • tract A • Pepe 13 ,.w y ag3rdalte S. YIV. CANCELLATION BY LESSEE N- Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuanca by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regula- tion of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government or any authorized agency thereof the maintenance and operation of said airport and facilities or nny substantial part or parts thereof. ! Upon the happening of any of the four events listed in the i preceding paragraph, such that the leased premises cannot be used for aviation purposes, then '.he Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such i laws and ordinances as may be applicable at that time. XV. NISCELLANEOUS PROVISIONS A. ENTIiF AGREEMENT. This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. i H. BINDING EFFECT. All the covenants, stipulations and agree- ments herein shall extend to, bind and inure to the benefit of the ~ legal representatives, successors and assigns of the respective par- ~ ties hereto. ' I C. SEVERAHILITY. If a provision hereof shall be finally declared void or illegal by any court or administrative agency hav- ing jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly aw possible in accordance with the original intent of the parties. i D. NOTIC Any notice given by one party to the other in s connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follows: Sion LMr• ►frMM.! - Tra" a - Palo 14 1 4 Agandata Date 1'6-94 yN~ 6Z 1. if to Lessor, addressed to: City Manager City of Denton Denton, Texas 76201 2. If to Lessec, addressed to: j Mr. Bruce Brown f r Route 7 Roanoke, Texas 76262 ;'1J Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. " intended for Tconveniencehofareference only this Areement are limit the scope or meaning of any provision of this Agreement. GOVERNING LAPT. This Agreement is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as c, r of the day and year first above written. ' CITY OF DENTON, TEXAS, LESSOR f r BY: BOB CASTLEBERRY, MAYAR a t~ ATTEST: ` t JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS E APPROVED AS TO LEGAL FORM: MICHAEL A, BUCEK, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: "r r ! stews tomes AJV640He - Tract ► sage is r. ,,_.4... ..,ti.'n ':rr«a +vrvW 3'ws+.r+YVI r ry a ~enualt~ W-O- BRUCE BROWN; LESSEE r itl THE STATE OF TEXAS S 1 t,f COUNTY OF DENTON S ; This instrument was acknowledged before mQ on the day of 19 by Bruce Brown. r NOTARY PUBLYCI STATE: OF TEXAS ° x, My, Commission Expirest 1 fir' I; r 1 v a„ 'j 111 4` t e: S,V t; i I Wci i a... w.,.... 777 J]I 1 I browi~b.ura I I~I ~~Id -La 4 i u~gb6 Z ORDINANCE NO. a E, AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF j DENTONs TEXAS AND BRUCE BROWN FOR APPROXIMATELY 0.479 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORTi AND PROVIDING AN i EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute a ground lease agreement between the City of Denton, Texas arl Bruce Brown for approximately 0.479 acres of land located at the Denton Munioipal, sport, under the terms and conditions contained within ,r this agreement, which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. I PASSED AND APPROVED this the day of r ;I BOB CASTLEBERRY, MAYOR s ` . ATTEST: JENNIFER WALTERS, CITY SECRETARY E a I APPROVED AS TO LEGAL FORMt MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: 14 I dIY 6,9 k'•l,a , r 6 D440e AIRPORT LEA9E AGREEMENT 7t? d COMMRCIAL OPRTOR THE STATE OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S This lease is made and executed this day of 19__, at Denton, Texas, by and between the City of Denton, Texaco, 1 a municipal corporation, hereinafter referred to as "Lessor", and Bruce Brown, having his principal offices at 900 Austin Street, Denton, Texas, hereinafter referred to as "Lessee". # MITNEBBETBr ± WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texae t and WHERViS, Lessen desires to lease certain premised on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon= and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows FOR AND IN CONSIDERATION of the foregoing and the mutual covenants contained herein, the parties hereby agree as follower 1. COMDITIONB OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. + A. PRINCIPLES OF OPERATIONS. The right to conduct aeronautical activities for furnishing services to the public is granted the Lessee subject to Lessee agreeing: 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof: and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service: provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other mimilar types of price reductions to volume purchasers. B. NON-DISCRIMINAT10r The Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of Brown IA.N AgrNMnt - tract 1 - page l ~ a .ss,,1Y F ~ 1 +otiM aQeI~GaNa...._r all ~ 6z the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to f discrimination in the use of said facilities= 2. in the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, I denied the benefits of, or otherwise be subjected to discrimination; 3. The Lessee, shall use the premises in compliance with all +I other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimi- nationin Federally assisted programs of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. C. RIGHT OF INDIVIDU Tc ap MAINTAIN AIRCRAFT. It is clearly understood by the Lessee that no right or privilege has been granted l which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not I_ limited to, maintenance and repair) that it may choose to perform. 1 D. NON-EXCLUSIVE -,M, It is understood and agreed that nothing herein contained shall be construed `co grant or authorize f the granting of an exclusive right within Vie meaning of Title 49 .r { UkS.Cm Appendix S1349. li l E. PUBLIC )BEaa~• 1. Lessor roserves the right to further develop or improve the landing area of the airport as it sees fit, regardl"s of the desires or views of the Lessee, and without interfer- ence or hindrance. 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned Faoilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the Not to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the . sreva teams Agrsuaat . Tract I - Fags 2 1 Mr PT- • 11 AQ~ I p gsr.~a e ~ UaSa ~ b provisions of the lease to the Government,i shball r-bo suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport I which, in the opinion of the Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport. i II. LIMED PREMIG30 Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease ante Lessee , and Lessen does hereby hire and take from Lessor, the following described land situated in Denton County, Texas: A. LM: A tract of land, being approximately 20,565.24 square feet, or 0.474 acres, drawn and outlined on Attachment "A" and described th6rein as Tract 8, such attachment being incorporated herein by reference. 1 i 1 to said Together with the right of ingress and egress t property; upon and the right in common with others so authorized of passage the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lesseeps employ- ees, passengers, patrons and invitees. For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified within Attachment "A" as Tract 8, including leasehold improvements con- structed by the Lessee, but not including certain easements or J property owned and/or controlled by the Lessor. Lessee further agrees and grants to all other properties described or depicted on Attachment "A" (specifically including the property located in the northeast quadrant of the survey plat, not identified by a tract designation or defined by field notes) the right of ingress and j egress across the concrete taxiway as shown on attachment A. I 8. Il~PR0VFHENTS PROVIDED SY LESSORS NONE: There will be no improvements provided by Lessor, except as set forth in Article " ~ MD. Access to Utilities" below. For the purpose of this Agreement, the term "Lessor improve- ments" shall mean those things on tha leased promises belonging to, constructed by the Lessor, which enhances constructed by, or to be b xr r Mus 7yrwaaat - Trwt 1 - Mtge vra Owl Ir A~ea~aNa Ag I& Date SO % d e or increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain tae property of the Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by the Lessor. C. EASEMENTS. Lessor and Lessee, by mutual agreement may establish, on the lease premises, easements for public access on roads and taxiways. D. ACCESS To UTILIT7RR, Lessor represents that there are water and 3-phase electricity lines within three hundred feet (3001) of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises. i I I . TEglj j The term of this Agreement shall be for a period of years, com- mencing on the day of , 19 , and continuing through the 30th~fc ay of April, 2025, unless earlTer terminated under the provisions of the Agreement. Any attempt by Lessee to renegoti- ate this Lease shall be in writing addrsrsed to the City Manager at least one hundred eighty (180) days before the expiration of the k stated term of this lease, and at least 180 days before the expira- tion of any additional renegotiated period. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport. IV. 111Y1[EMT8. RENTALS AND lEBB Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and feess A. LAND RENTAL shall be due and payable in the sum of One 'thousand Six Hundred Thirty-six and 92/100 Dollars ($10636.92) per year, payable in twelve (12) equal monthly installments in the sum of One Hundred Thirty-Six and 41/100 Dollars ($136.41) in advance, on or before the first day of each and every month during the term of this agreement. Notwithstanding tho foregoing, the annual lease rental is to be reduced by the product of $0.078452 per square foot, times the number of square feet comprising all easements established in accordance with Article ti(c). 8. LfiSSOR IMPROVEMENTS R NTALS. NONE: There are no Lessor improvements on the leased premises. C. ADJUSTMENTS. PAYMEKZ, PENALTY, All payments due Lessor from Lessee shall bo delivered to the Airport Manager, unless otherwise oram L.ua rwr"Wot - Tract s - rag. 4 i k Fla Dew k s aNo - 'R ~ i designated In writing by the Lessor. Payments which are more than 15 days past due shall be assessed the penalty of one-half of one percent (0.51) per day, compounded daily, per each day or a fraction ! thereof which the payment or fee is more that` 15 days past due. The yearly rental for land and improvements herein leased shall be readjusted at the end of each five (5) year period during the term of this lease on the basis of the proportion that the then current United states consumer Price Index for all urban consumers (CPI-U) f for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the i October, 1994 index which was 142.8 1982-84 ( 100). The original land re t ntal amount is based upon $0.078452 per square foot per year i for the land herein leased. However, in no event shall any of the rental adjustments exceed fifty percent (50t) of the original rental. Each rental adjustment, if any, shall occur on the first day of May 1995, and every five (5) years thereafter. i The adjustments in the yearly rent shall be determined by j multiplying the minimum yeai`y rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number for the first month of the first year of the lease term. If the product of this multiplication is greater than the minimum yearly rent of as set forth in Section IV.A., Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than the minimum yearly rent of as set forth in section IV.A., there shall be no adjustment in the annual rent at that time, and Lessee shall pay the minimum yearly rent as set forth in Section IV.A., until the time of the next rental adjustment as called for in this section. in no event shall any rental adjustment called for in this section result in an annual rent less than the minimum yearly rent of as set forth in Section IV.A. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments, called for in this section shall be made using the formula set forth I in Subsection (a) above, but substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-Fort Worth geographical region and the U.S. City Average are discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPT-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the Imm Wage Agreement - Tract 9 - Page ! ~ i 1 I~ I~ n,. AoeedaN; 4 _ kJ( purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. V. RTG8T8 OBLIa]►Trnva ne privAlege~to _W in o Lessee is granted the non-exclusive provide the following; f 1. Nanaar ++asea and RA~,r,.i The rental or lease of hangars and hangar space and related facilities upon the leased premises. 2. office Snace Lease o ueh*A7 Ppace in or adjoining Lessee'sThangars l or lease of office 3. and tie down service, for both To ovid Les eee s nand gitinerant aircraft upon or within the leased premises. Leses, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such k unreasonably retail withhold a thorization itotyconduct aeronautical nor related services. B. STANDARDS. ' standardss Lessee shall meet or exceed the following 1• Address. Lessee shall file with the Airport Manager and F keep current their mailing addresses, telephone numbers and I contacts where they can be retched in an emergency. 2. IJ&t. Lessee shall file with the Airport Manager and keep f current a list of its tenants and sublessees. 3• Condu Lessee shall contractually require its employers and sublessees (and subleases's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce its contractual rights in the event of a default of such covenants. 4. utilities Taxes ana Em. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the nova l.~a~~ Mrhwnt Tract 6 - Faq~ ~ ~ r R I+t mammal i P. NQ _ U Qd?0 timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. 5. Laws. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licensee or permits. 6. haintgnance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, build- Ingo, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectional matter or thing. j Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automo- biles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation. 7. Unauthorized use of promises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for :f :industrial, commercial or retail purposes, except as authorized herein. a. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 9. duiet Possession. Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease ore any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed i when possession was taken by Lessee, reasonable wear and tear excepted. Ji 10. Hold harmless. Lessee shall indemnify and hold harmless the Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, l arising or resulting from the operation of Lessees business in and upon the leased premises. arena Iwata Agreement - Snot 1 . ~tq1 7 p caW I ~`ATti i r Date l2- b- 9 4 Sq0 6Z 11. Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly i store, confine, collect and dispose of all paint, including t paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemi- cals and paints. 12. Hazardous Activities. should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage j in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air naviga- tion, obstructions to visibility or interference with any f aircraft navigational aid station or device, wither airborne or on the ground, then Lessor shall state such violation in t writing and deliver written notice to Lessee or Lessee0a agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the viola- tion(s) cease and desist from all such activil-y creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, LesseeFa agent, or the person(s) responsible for the violation(e) fail to cease and desist from said violation(s) and to immediately commence ' correcting the violation(s), and to complete said correc- tions within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of thn corrective action process. 1 D. SIGNS. During the term of this Agreement, Lessee shall have the right, at its own expense, to place gn or on the lease Premises signs identifying lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program es~_ablishsd by Lessor for the Airport. Lessor's approval shall not ! be withheld unreasonably. said signs shall be maintained in good 'i repair throughout the term or this agreement. Notwithstanding any other provision of this agreement, said signs shall remain the prop- arty of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. ltew• uu• rye••••at • !~•ot ~ - ►•q• ~ ss ~ 6 Z VI. COVENANTS BY LESSOR t Lessor hereby agrees as follows: A. PZ&CEFUL EMPLOYMENT. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; B. COMPLIANCE. Lessor warrants and represents that in the establishment, construction and operation of eaid Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributes by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise, abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL COSDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A. RUNWAYS AND TUINAYS. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to abide by any such changes i or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall inu]ude that activity of the Lessee or its agents or subcontractors, ani its customers and invitees, but shall not include those activities over which it has no solieitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject thi Lessee to be liable for any damages to the Airport that might result. i Oran UASS AgrsaMnt - Tract s - fags 1 one, Agenda~i J We Ville LEABEEOLD INPROVENENTS A. REOUIREMENTq. Before commenoing the construction of any improvements upon he premises, Lessee shall submits 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of i the program established by the Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. f No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the Council fail to deny LessW s plans and specifications within sixty (60) days of submission thereof to the Cou►.oil, such plans and specifications shall be deemed approved. Documentary evidene3 of the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessons City Manager from i time to time as such costs ate paid by Lessee, and Lessor's City t Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of 4 the City Manager when endorsed by him upon said contract shall bi conclusive upon all part.les for all purposes of this agreement. ADDITIONAL ( { gVCTION oR IMUOV01UT§_. Lessee is hereby authorized to construct upon the land herein leased, at its own cost. F and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, pr4,)vided ho;iever., before commencing the construction of any improvements upon tho premises, Lessee shall submit plane: and specifications for approval by Lessor t as specified in Article V121 A., above. ! C. OWNERS P r 1HI'-13 ILIU 1. All buildings and improvements constructed upon the premises by Leaseo shall romain the property of { Lessee unless said property becomes the property of Lessor under the following conditions, terms and provie.ionu: I 1• RSP1StYALQf Build gg. too buAldlug or percalient fixture may be removed from the primisea. bKOW0 betas A,2Mete: Se«t 8 - 0e0t 10 OGM MENOMMI i a 2• Aasu, m- nticn• All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of the Lessor absolutely in fee without any cost to Lessor. ' 3' t r, it is agreed that the life of the building ted by Lessee on the property herein leased is twenty-five (25) years. 4. Canceller ion. Should this lease be cancelled for any reason before the erld of the twenty-five (25) year term, it 1:3 especially understood and agreed that Lessor reserves the right to purchase all buildings, otructures and improvements ' j then existing up m the premises by tendering to Lessee one f twenty-fifth (1/25) of the undoprectated value of such building for ea.4 year remaining an the agreed life of such building. The undepreeiated value of' all improvements is to be determined by having such improvements appraised by three appraisers' one appointed by Lessor, one appointed by Lessee ppointed by the two appraisers. Zlt.'TI4N os Koara~,q~ Any person, car Lessee for construction~lof any institution skrtchat tureen building or improvement and retains a security interest in said hangar, strut- ture, building or improl;anent shall, upon default of Lesseer s 'y obligations to said mortgagee, have the right to enter upon leased premises and operate or manage said hangar, structure,l building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mori_rni Vuntil the loan is a with Lessee, or event longer than thei term oful f this laseeY It es eirst, but in no stood and agreed that the r.tght of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee. e ' Y. $.'~7 OY 31>ra~e Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased11round space for the purse underground utility services to, from or across theair ort propperty ~ or for the construction of public facilities on the Airport, How- ever, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the anal condition upon Insta property to orig- over or under any suche easement orothe cony lusion of such construe, tion. Construction in or at the easement shall be completed within a reasonable time. { k BrOWD 1.Uaee Agreement - tract a - Doge 11 I i wo7r ' F7 stem 3taiten Date 6 - xl . ~►saiawsalrr_ Qr . Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest in its business, through the sale of stock or otherwise, transfer license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes; pro- vided however, that no such assignment, sublease, transfer, licenses sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by s 4 Lessee to Lessor under the terms of this lease, for fuck portion of the premises proposed to be assigned, subleased, translc+rred, licensed, or otherwise. The provisions of this lease shall remain j binding upon the assignees, if any, of Lessee. } lilt ` A. REQUIRED INSURANCE: Lessee shall maintain continuously in I effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverages 1. comprehensive general liability covering the leased premis- es; the Lessee or its company, its personnel, and its I operations on the airport. D , j 2. Aircraft liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a pars of this >'r agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amounts: Bodily injury and Property Damages one Million Dollars ($1,000,000) combined single limits on a per occurrence basis. I 5. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies and renewal certificates. Ito" twan Ggraernt . lswt I ~ 9rg* 11 I. i Y ~~4ge~SeNo ~-~'f0 L~~erEa~'to NO S l.oe 6 Z During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional xider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor] provided however, that any requirements shall be commensurate with insurance requirements at other public use airports nimilar to the Denton Municipal Airport, in size and in scope of aviation activities, located in the southwestern region of the United Status. Lessee herein agrees to comply with all increased or adjuste3 insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including typos of insur- ance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America then in such ~ivent Lessor shall have the right I 'I to require that Lessee maintain in force types of insurance and/or ~ amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. VIII. CANCELLATION EY LRBSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against i f it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its f assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to j perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may givA Lessee written notice to correct such condition or cure such j default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may, terminate this lease by a written notice to Lessee. In the f event of default, Lessor has the right to purchase any or all -i structures on the leased premises under the provisions of Section VIII Paragraph D (CZncellation) hereof. Crown Lease Apreenknt Tract I • Pepe 13 n I 14 Lb~l Agordalto YIV. cAxesLZ_'U Bx _LSessa 60q 62 Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of followin turisd ction gof events: (1) issuance by any court of competent restraining the use permanent said airport in any way preventing or purposes= {2} the breach b port or any part thereof fox airport agreements contained herein and hesfailuof an of covenants or re of Lessoreto remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; j (3) to use said premises and facilities continuing the inability of Lessee than ninety (90) days due to any law oranyorder, rulenorrrequrla- tl tion of any appropriate governmental authority having j E over the operations of Lessor or due to war, earthquake + casualty] or (4) the assmaption or recapture by thitedrStates Government or any authorised agency thereof the maintenance and operation of said air parts thereof. Port and facilities or any substantial part or Upon the happening of any of the four events listed in the preceding paragraph, such that the leased for aviation purposes, then the Lessee mays cancel this tl ase sas E aforesaid, or may elect to continua this lease under its terms except however that the use of the leas s. leased shall be limited to aviation purposes, their use being onlyelim ted by such laws and ordinances as may be applicable at that time. XV. ~tiseaLT.fVlToue pROV*eYOats "j A• ENTIRE A C&ff m, This Agreement constitutes the entire undarstanding between the artian and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification w; hereof shall he in writing signed by both parties. B. 6iND2N_ All the covenants, stipulations and agree- Monte herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective par- ties hereto. f C• $.BYE}3A81LITY. If a declared void or illegal by any courtsornadmini trative agencynhavy # ing jurisdiction, the entire Agreement shall not be void; but the ng provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. NQT=. Any notice ive,~ b one art to the in connection with this agreement shall bye in writing and shall the sent by registered mail, return receipt requested, with I registration fees prepaid as follows; Postage and E Isom twos Agroeftet . TcWt ■ . Peg* 14 i i 1 U00 U Date 2 • - ~it~ 1. If to Lessor, addressed to: fj 7 pg 6z City Manager City of Denton Menton, Texas 76201 2. If to Lessee, addressed tot Mr. Bruce Brown Route 3 Roanoke , Texas 76262 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. E. used in this intended fo~r~conveniencehofdreference only and doenotn define not limit the scope or meaning of any provision of this Agreement. i. COV aruG i,Ait. This Agreement is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR y Ley t BY: H08 CASTLEBERRY, MAYOR e' ATTE5Tt JENNIFER NAI/TERS, CITY SE CRETARY CITY OF DENTON, TEXAS ;e APPROVED AS TO LEGAL FORM= MICHAEL A. BUCEK, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BYt grows Wane Agresesot Treet a . page as - y' log Wilda 1,40 bye 6-q 6?.C% 6 l BRTJ0 BROWN, LESSEE x. THE STATE OF TEXAS S COUNTY OF DENTON S C This instrument was acknowledged before me on the day of I 19 _ by Bruce Brown. r" N . . , OTARY PUBLZCj STATE OF TEXAS : ' t• My Commission Expires i` t 1 } r 44 I _ a n '',1:*.;r 1 sA 111111 ,p it r 1 y: Brown L"" AV94"at -mat Al . 1po 16 . ~ . qy .040 I Id f t2 _ CfT1~0/D#ltir^ TEXAS MUNICIPAL BUILDING / 216 E. McKfNNtc1' / DENTON, TEXAS 76201 CM COUNCIL RF-BM jE TO. Mayor and Members of the City Council 3 I FROM: Loyd V. Barren, city manager DATE: November 21, 1994 SUBJECT PUBLIC ACCESS RULESlCABLE TV Stag m4 Cable TV Advisory Boud recommend approval of the revised 'Rules For Use of Cable TV Public Access Chonnd' (Attschmeat 11). the Board approved f f SUMMARY Secdon }0{II (d) of the franchise agreement with Sammons slue. 'Rules shall be euabllahad by the ud access progrsmtning... A; cooperadve effort of City and the Or do reg 1nS it et} rr 1. in Augus: of 1991, the Council approved rules for the use of the Public Access they ateChannel, in in which ■ ; , Sammons pmvida to the community. Although these cola are dried 'Proposed fact, the cu reotiy ed*g rules, and they are referred to as the e:lsft rules in this docum~t.~ a went of rho Public Accra Channel. 4 to provide an opportunity for Deacon citizens to pmdace orig programming fat vk%ft on the able system. ` t, ~ a1r a On at leant one occasion, $amts+om hat been regnested to pre-recorded tape on the Public Accra that the inert of the channel was for the production and k Channel. Saeomon declined the request, stating s broadcast of locally-produced programming. A close iaspection of the alsting Public Access Ruda (ixJud, d In Aftchmid 02) indicated that the hula were not clear on this luus. At that point, the Staff rated tie Legal Departmwt to review the existing rules for datilicaWn. The Legal DeputmW made Tbew included: aeveril recommendation regarding the existing cola. r, 1. S fytag dust public access cable casts either be produced locally by Simmons or by (a) Denton 1 cWzeo(s) in the Sammons studio. 2. Spsclfylns "lady a rule regarding priority of use. ; 3. Specifying: the prohibition of lottery information. 1 1 I ~ 8171588-8200 D/FW METRO 434-2528 `j hn^: py)Y'µp v I; eM r^r Jar J( n •~•µ'a1 M`•v #Y,FJ-£NJ.d'a'.'Z'G"YY 7... 'l rMJ/'AY•t1:,944°/N Z2 q I Meyor and Members of the Cky Council F November 21, 1994 Pigs 2 Agg~#lan R S - A p~ /R -9tr. 2 0~ 12 4. Specifying flat the names and addresses of persons or groups requesting use of the Public Access Cbancd be "able for public kVec ion. S. Specifying a dotfnltion of a oonlrofit group. 6. Specifying an weds process. Rules mw*w 3 and 4 (sbwe) are in keeping wltb requitement is the franchise agreement. Odw minor grumstical changes were made to the existing rules. FFF&' : k City of Deaf ^ Sam was Canwanications, Public Access users. EWALJMUM I NOW Y S s / S ' Prepared by: Lloyd V. HmeU a, City Manager 7 P V m.. Oho .Z tNtw Y f. I, pogw ` A"Im of to do MY Moog* Abcbmeaiac ` 1. Cable Access Rules • Rarbed 2. Cable Access Rules CutrW,,with 1991 Ageada Item. 9. v r- ~ :t :l-• ...r..... r.~w...~.. r...•.ra... r: a.i n . .il.l ~i4n Lri.ri-". r.. i...awll.nrll.r/.ine.•I ray.r.1'X9'Y'~kd•vCtiR~.V~ /Ay, I{E J:\~\tNhtabltrrl.ra gndaNo. No.. -Q d RESOLUTION NO. late .Z 3dd~2 , A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING CABLE TELEVISION PUBLIC ACCESS RULES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section XXII of the Cable Television Franchise 1 Aqreement between the City of Denton, Texas and Sammons Communica- tions, inc. provides that the City and Sammons must cooperatively ' establish rules for the use of studio equipment and production staff for members of the public desiring to use the public access channels] and a WHEREAS, the City Manager has recommended adoption of the attached Public Access Rules, which provide for the use of studio equipment and production staff to qualifying members of the public, NOW, THEREFORE, r THE COUNCIL OF THE CITY CF DENTON; TEXAS HEREBY RESOLVES: SECTION I. That the attached Public Access Rules are hereby adopted by the council of the City of Denton, Texas.' r. SECTION II. That this resolution shall become effective immediately upbn`its passage and approval. PASSED AND APPROVED this the day of , 1994. i BOB CASTLEBERRY, MAYOR ATTEST! JENNIFER WALTERS, CITY SECRETARY r; BY! 4 r APPROVED AS TO LEGAL FORM! MICHAEL A, BU NO CITY ATTORNEY B r Lq i - r yus pgeraafYO_ .8i,N5 Agenda lte U6 hachment t~a•aj!4 4 BIZ RULES FOR USE OF CABLE TV JUBLIC ACCESS C8AIi1tEL The following rules apply to all individuals and groups who request the use of the Public Access Channel provided by Sammons Communications, Inc. The intent of this channel is to provide f citizens of Denton the opportunity to produce original programming I for shoving on the Public Access Channel. l ~ Definiaonss Public Access takes three forms, Individuals, Groups, and Users. individual Definitions Any resident of Denton who comes to Sammons with a program idea. Sammons will provide a Producer/ Director and crew to work on the projftct. Group Definitions Any recognized non-profit organization one with a program whch comes to Sam ' idea. Sammons will provide a Producer /Director and crew to work, with the group. 4}? User Definition: Anyone who has been through a Sammons training course. Users will be allowed to produce a program in the Sammons studio. Public Access Users must provide their own crew and talent. Rulest is Public Access programming must not contains As Libel, slander, or defamation of character, B. Lottery information, r c C. Material considered obscene or indecent according to community standards. 2. Sammons will maintain and make available for public inspection during regular office hours, the names and addresses of all persons and groups requesting access programming. 3. Groups or individuals requesting access programming will be accommodated on a first-come, first-served basis. 4. individuals or groups will be able to apply for a studio production once every three months. AAA02857 ~s s .,1 Rules For Use Of Cable TV ApeOON9 4 public Access Channel AgSBdG;t2 ~1/ I Page 2 S°~}2 5. Each program must have a script outlining the proposed production. 6. Each program shall be scheduled for production on sither Monday or Tuesday between 2:00 p.m. and 5:00 p.m. A. Scheduling shall be handled on a first available time basis. J B. Scheduling decisions will be made by the Sammons Production Manager. 1 7. Programs shall be limited to 30 minutes in length. ea Programs will be scheduled following completion by the Sammons Production Manager. A. Public Access program time slots shall be listed in Channel 25's weekly schedule as: Tuesday 600 p.m, to 6:20 p.m. Thursday 9200 p.m* to 10100 p.m. 9. Each program shall be scheduled a minimum of two times C. Prooggrams will be scheduled on a first available time baeia. 9. Programs shall be allowed talvae hours for completion of . production. Set-up time will be included in production time. Set-up can begin at 2:00 p.m. on the afternoon of scheduled production. 10. Users will be allowed to use the studio between 6s00 p.m. and 9200 p.m. on Tuesday nighte. t A. studio will be available on a first-come, first-served, basis. B. Users will have one hour to complete program. I+I C. Time will include studio set-up, i) Time will be kapt by the Sammons employee on duty to run programs on Channel 25. 2) The Sammons employes will not be available to help crew with production. However, the employee will have authority to remove any group from the j AM02 657 i Y I Rules For Use of Cable TV ;80d8N0~" Public Access Channel ~7v^, a;tg Page 3 i studio for failure to abide by Public Access Rules. D. Users must provide crew and talent. Si. Individuals, Groups, or Users will be removed from studies and denied access to Sammons facilities for a period of one year it the Sammons production Kanager has a reasonable suspicion that they are using or under the influence of alcohol or illegal drugs. r 12. Not-for-profit groups with 301(o)(3) statue may apply to Sammons for one remote public access production per year. ` A. Scheduling of these productions will be contingent on the saaumons production schedule. 8. Those seeking such a public access production are advised to make application for the production at the earliest possible date. : Individuals or users must be 18 or over. Anyone under is 41 13. must be under the direct supervision of. a parent or quardiari who will assume responsibility °°`!or the production. Y: 140 Decisions made by the Sammons Production KanaSeY may be appealed to the Cable TV Advisory Board. ' 15. Decisions made the Cable TV Advisory. Board may be 4 the C1 t council. appealed to Y . AM02857 y C rr~ i Attachment b 2, p.l August 27, 1991 CITY COUNCIL REPORT FORMAT t, TO$ Mayor and Members of the City Council O ~ geodaNo, (I L) FROMI Lloyd V. Harrell, City Manager nentlalte S SUBJECT: Public Access Rules/Cable Television 1+u 7 c~ 12 RECOPDyF.NDA'£ON: The Cable Television Advisory Board recommends approval of the attached Cable Television Public Access Rules. SUMMARY/BACKGROUND=_ _ Section XXII (d), (J) of the City's current franchise agreement with Sammons Communications requires that the City_ and Sammons Communications cooperatively establish rules regarding Cable Television Access Programming. Pursuant to Section XX11. The City's Cable Television Advisory Board and Sammons communications developed and mutually agreed to a set of access rules during the past several months. These rules were approved by the Board at its' July 17, 1991 y meeting. PROGRAM, DEPARTMENTS OR GROUPS AFFECTEDI City of Denton, Sammons Communications, and Public Access Users. FISCAL IMPACTS None Respectfully subaitted, i r. Lloyd V, Harrell city manager pared byl y tj1 MIN a ant, Co ==Lty services byi ~i ity .~irvices; .•s .row - ~~GtQL • I,I i r 4gandaNo 4014 0 Apdaltqfi S C. RESOLUTION N0. LhtA A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING CABLE TELEVISI N PUBLIC ACCESS RULES AND DECLARING AN EFFECTIVE DATE WHEREAS, Section XXII of the Cable Television Franchise Agree- ment between the City of Denton, Texas and Sammons Communications, Inc. provides that the City and Sammons must cooperatively esta- blish rules for the use of studio equipment and production staff r for members of the public desiring to use the public access chan- nels; and WHEREAS, the City Manager has recommended adoption of the at- tached public Access Rules, which provide for the use of studio equipment and production staff to qualifying members of the NOW, THEREFORE, . public, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: ' SECTION I - That the attached public: Access Rules are hereby ' adopted by the council of the City of Denton, Texas. That this resolution shell become. effective in- mediately upon" its passage and approval. „r 1991pASED AND APPROVED this the T' x' day of 4 4! BOB CASTLEBERR Y, lRAYOR . ATTESTt y JENNIFER WALTER, CITY SECRETARY BYt APPROVED AS TO LEGAL FORM: DEBRA A. DRAYO-41TCHo CITY ATTORNEY I BYt > i PUBLIC ACCESS RULES jendaNo ,gendafletRI..4 tilt PUBLIC ACCESS DEFINITION: Public Access takes three forms: Individuals, Groups and Users 9 INDIVIDUAL DEFINITION: Any resident of Denton who canes to Sammons with a program idea of community interest. Sammons will provide a Producer/Director to i work on the project and necessary crew. GBDUP DEFINITION: I Any recognited non-profit organization which comes to Sa"nOns with a program idea of community interest. Sannanssa will crew. a Producer/Director to work with the group and USER DEFINITION: anyone who has been through a Sammons training course. Users will be allowed to produce a program in the Saawans studio, Public " Access Users must provide their own crew and talent. ~a rv+. ~ t individuals or groups will be able to apply for a studio production r` one time per three months. " 2. Each program east have a script outlining proposed production. ` m which is scheduled for onsite production on either 3. Each progr Monday or Tuesday between 2:00 P.M. and 5:00 P.M.: s. Scheduling shall be handled on a first available time basis. doc b. SSihedu~gerinclud g lacy varmistio~rts the Saamor►s Produc- . 4, Programs shall be limited to 30 minutes in length. l will be scheduled following completion by the Sammons Programs will Manager. a. Public Access program time slots shall be listed in i E r Channel 25's weekly schedule as: Tuesday - 6:00 P.M. to 6:30 P.M. r Thursday - 9:00 P.M. to 10:00 P.M. 1VI/021991055/1 r~J Page 2 VendaNft,_q eta Agardalla ~ b. Each program shall be scheduled a min Wlablelffioloo cPrograms w ill be scheduled on a first avabasis. d. Scheduling decisions will be made by the Sammons Production Manager, including any variations. 6. Programs shall be allowed three hours for completion of production, Setup time will be included in production time. Setup can begin at 2:00 P.M. on the afternoon of scheduled production. 'l. Public Access Users are those qualified to use the equipment by having completed a Swm:ons training course. r ? 8, Users will be allowed to use the studio between 6:00 P.M. and i 9:00 P.M. on Tuesday nights. a. Studio will be available on a first come, first serve basis. b. Users will have one hour to complete program. c. Time will include studio setup (1) Time will be kept by the .Sammons employee on duty to rim programs on Channel 2S. (2) Sammons employee will not be available to help crew with production. However, employee will have author- ity to remove any group frog studio for failure to abide by Public Access Rules. ` d. Users must provide crew and talent. 9, individuals/Groups or Users will be removed from studios and denied access to Sammons facilities for a period of one year if they are found to be using or under the influence of alcohol or illegal drugs. 10. Recognised non-profit groups it the Denton Community may apply to Somrrmons for one remote Public Access production per year, as Examples of these programs are the Festival of Carols, ' Denton Civic Ballet, North Texas Shony b. Scheduling of these productions 1 be contingent on, the Samsns Production schedule. (1) Those seeking such a Public Access production are advised to make application for the production at the earliest possible date. 11. Individuals or Users must be 18 or over. Anyone under 18 must be spo.,sored by a parent or guardian. 12. AccessQr~~ amps must not contain: a, Libel slander, or defamation of character. b. Miter~a1 considered obscene according to community stan- dards. c. Any fora of nudity. 1 1V1/0219910SS/2 .i ` g. ati'o '.w t owl s! CABLE BOARD ,~L 2 ' MINUM. July 17, 1991 tt S Page : '9Q9JId8N0 A0enda1tM1k29.A ~ X12 2. Erection of transmission cables where existing cables are deficient. 3. Splicing of replacement electronic components into the cables. 4. Disconnecting customers from the old cable and reconnecting them to the new cable. He also presented a map on which was illustrated the rebuild and expan- sion status among the various geographical parts of the City, Mr. Enlow gave the map to the City and promised to produce several reduced-size copies for the Board, E The Board questioned Mr. Enlow about various aspects of the rebuild and expansion. Mr. Bass stated that upgraded cable service could be avail- able to the north and northeast areas of the City within ninety days. The rebuild in Southridge should take place this Fall. Mr, Kuiper suggested that the residents of Southridge be invited to a public meeting at which the rebuild process would be explained and that Sammons could also send out a mailer on the subject. ITEM 14: DISCUSSION REGARDING TELEVISING OF CITY COUNCIL MEETINGS i Bill Angelo stated that he would proceed with the filming of a demon- k° stration video during the evening of the week of :uly 24 as soon as the Council Cheeebers were not in use and he could coordinate the filming with Sammons Co=snicatiom. The video will be shown at the Board's A-igot meeting. Angelo asked John Kuiper if the use of Wr interns would affect the video's quality. Mr. Kuiper responded that the greatest effect upon the f video's quality would be lighting and that filming would take place t` under various lighting scenarios so that they could be judged and i compared. The interns would be responsible only for camera operation r and under staff supervision. Mr. Kuiper suggested that the City Council consider radio broadcast of ` its meetings and also the public access implications of televising and broadctating their meetings. 1 ITEM !S: PUBLIC AOCESS RULES AS REVISED BY BOARD r, C.C. Sexton moved and John Kuiper seconded motion to send Public Access r Rules on to the City Council with recommendation that they be adopted all ayes. k ivl/072391084/2 j i Franchise Agreement p u ouo SectioNl sn?~~ Ageadalts~~ date 1 tog 12 SECTION XXII. ACCESS TO SERVICES AND FACILITIES. Grantee shall provide the minimum range of services required from time to time by the FCC as its regulations presently exist or may hereafter be amended including, without limiting the foregoing, public, educational and governmental use channels in accordance with the following conditions: (a rantee shall provide and maintain five channels for pu 1 pprogramming educational programming and governmental proggramming thrw initially and, in the event that the conditions of Section 1/2-91 of the Cable Ordinance are met, Grantee shall provide additional access channels. In any event, Grantee shall pprovide and maintain at least five channels not later than November 1, 1993. (b) The three initial channels, which are being maintained as of the date of Grantee's acceptance of this Agreement, shall be designated for the following use: 2-t- 1 University of North Texas Texas Woman's University Public Access/Local Osgan,S fxtttan (c) The access channels describe:d in subsection (a) above j shall be made available for non-commercial use to qualifying i applicants without charge when requested all in accordance uitt► the rules hereinafter mentioned. (d) Rules shall be established by the cooperative effort of Cit nd the Grantee regarding access programming, priority of use for the access channel, prohibition of lottery information, obscene or indecent matter, and permitting public inspection of the complete record of names and addresses of all persons or JJ groups requesting access time. i (e) should a dispute arise between the user of an access channel and the Grantee relative to the quality of the audio or visual signal, at the request of either, the dispute will be C submitted to an independent engineer to be jointly selected by City and Grantee. The party requesting that such testing be f performed shall be required to pay for the cost of testing and analysis performed by the engineer, unless the en ineer shall find that there is a distortion of signal quality. If a distortion is found, the party responsible for causing the distortion shall pay the cost of testing. f (f? The Grantee shall provide "A/B switches" and "lock f boxes,' or similar parental control devices, at a reasonable price to any subscriber upon such subscriber's request. PAGE 15 i %now q4 I ~ -1 - NW1 Iwo, All CITY COUNCIL REPORT REGULAR SESSION DATES December 6, 1994 TO: Mayor and Members of the City Council f FROM: Lloyd V. Harrell, City Manager SUBJECT: Resolution for City of Denton "Leave for Judicial or ' Legal Matters" Revised Policy (111.02 s It is the staffts recommendation to adopt a resolution; to implement a revised policy, "Leave for Judicial or Legal Mattel.." (111.02), effective January 3, 1905. T~ . ~ By2~N8Y= • t [ The city of Denton currently accommodates employees who are a summoned for jury duty or subpoenaed for expert witness testimony ` by approving leave with pay. This revised policy seeks to broaden the Cityfs current policy by accommodating' employees who f , participate in judicial or legal matters, voluntarily or t involuntarily. BACKGROUND. ~{I ,i Cityy employees *,ho voluntarily or involuntarily participate in judicial or legal matters are usually required to take time off work during Normal business hours. The "Leave for Judicial or t Legal Matters" revised policy allows the City to approve leave with a or without pay (depending on the nature of the judicial or legal matter) for employees who participate in such matters. f f rSP APP00716 k x~ ln'~... as y , r~ i 041 City Council Report ArdaNo 41 ` n Jury Duty Policy Agendalte Page z ~y ' Date 2 The City will approve leave with pay for employees who are called for jury duty, employees who are subpoenaed to testify and such testimony relates to his/her employment with the City, and employees who are required by the City to participate in judicial or legal matters related to City business. The City will approve leave without pay for employees who participate in judicial or legal matters not related to City business and employees who voluntarily initiate or participate in judicial or legal matters, including claims against the City. Employees who are granted leave without pay may choose to use accrued vacation or compensatory time to receive pay for the time off. PROGRAMS, DEP RmMENTS OR GRO P AFFECTED; All regular full-time, regular part-time and civil service employees are affected by this policy. FISCAL. 7?iPACT = there is no direct budgetary impact as a result of implementing this policy. I +I Res pee ally :submitted: f L yd V. Her ell City manager Prepared s Thomas W. Klinck "Human Resources Director App ed by. I g Y a e Executive Director Municipal Services/Economic Development ~ Ii # ~ APP00716 I r 01 \►pdon\raU ury. dR AgendaNo. Datadalt/e r1 RESOLUTION NO. A RESOLUTION ADOPTING A PERSONNEL POLICY RELATING TO LEAVE FOR JUDICIAL OR LEGAL MATTERS; AND PROVIDING AN EFFECTIVE DATE. i E WHEREAS, the Director of the Personnel/ Employee Relations Department for the City of Denton has presented a proposed policy regarding certain employee rules and regulations for the Councilrs i consideration; and WHEREAS, the City Council desires to adopt this policy to com- bat these problems; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the following policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas: Leave for Judicial or Legal Matters (Reference No. 111.02) A=TON ii. That the foregoing policy is attached hereto and i made a part hereof and shall be filed in the official records of the City of Denton with the City Secretary. r'v &F.CTIOIi' iIi. The previous policy relating to Leave for 1 Judicial or Legal Matters (Reference No. 111.02), adopted by Resolution of this Council on August 12, 1984 is hereby rescinded. SECTLQ IV. That if any section, subsection, paragraph, sentence clause, phrase or word in this resolution or policy, or application thereof to any person or circumstance is held invalid t• by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution, and.the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. BOB CASTLESERRY, MAYOR ~4e.Zd. Agenda No q `0L4 CITY OF DENTON PAgendaisertti pOLIOY itmixi8TRRlIvE nocnURE/UX11118TRATIVE DIRE Iva SIMON: RIPE1 "NVMM. PERSONNEL IMPLO2ZE RELATIONS 111.01 aVLBCT: VF9CM DATE i APPROVED LIAVE Ol 03 gs ` 7Ttti M ACSS: II LRAVE POR JODICIAL OR LIOAL MATTIRS 08/21/84 POLICY STATRMRWTi It is the policy of the City of Denton to grant approved leave to an employee who is raquirod to participate in judicial or legal matters. The employees leave may be paid or unpaid depending on the nature of the leave. ADMINISTRATIVE DIRIC71VIS The employee's leave will be paid in the followtn, gLtuitlonsr 1. When the employee is called for jury duty. 7. When the employee is subpoenaed to testify 3r a court proceeding and his/her testimony relates to a matter or matters t.`.et occurred in the course and scope of his/her employment with the City. 3. When the employed is required by the City of Denton to participate in judLeLal or legal matters related to City business, E the employee may retain a or ny fees he/she is paid b ' y governmental agenoiea for jury duty subpoenaed witness t*fUmony. An smpl" may bf granted approved leave without pay In the following situationea 1. When the employee partloipates in judicial or legal matters not related to City business. 3. When the deployeo;roluntarilp initiates or Participates in judicial or legal mittakif including filing claims against the city. ' The emplooyyeeee swy uN any accumulated vacation leave or compensatory time when reVesting ` leave Without'paY. See Policy 0111.08 (Persanal Leave Without Pay). i i ' Aaemnr i E ~ V ~ R'~ .q1 aenGal( 1 d 3iE DATE: December 6,199{ CIT_ Y COItNCTL RFPOR'i` FO teem ~a r. 7 TOs Mayor and Meabers of the city council FROM: Lloyd V. Harrell, City Manager { SUEJECTs HOLD A DISCUSSION AND CONSIDER ADOPTION OF AN ANNEXATION SCHEDULE WITH REGARD TO THE PROPOSED ANNEXATION OF A 1.1 ACRE TRACT BEING PART OF THE RIGHT-OF-WAY OF CORBIN ROAD AND A 199.5 ACRE TRACT LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWARDS ROAD. (A-68 AND A-64) ~TZQZI: Staff recommends adoption of the annexation schedule setting the dates for public hearings, the institution of annexation proceedings and final action by Council. ~8ys The City proposes to annex the following tracts of land in i-" accordance with provisions contained in the Local Government Code and the City Charters { (1) 1.1 acre tract located on and being the east part of the right-of-way of Corbin Road. The strip extends. approximately 1,917 feet 'along the center line of Corbin Road and 25 feet wide measured from the center line. (See site map and legal description attachment 12) (2) 199.5 Acres located adjacent to the City~s landfill,` ' east of Mayhill Road and north of Edwards Road. (See sits map and legal description attachment3) (1) The low water crossing at Hickory Creek and Corbin Road requires the city to maintain signs and gates in order to provide for public safety. Part of Corbin Road at the low water crossing is located in the City and the other part is located in the County as the city limits line run along the center line of Corbin Road. In view of the high costs to maintain gates and signs, staff is proposing to close that portion of Corbin Road. The closure of the road is intended to follow after annexation. i (2) With regard to the landfill site the City has purchased . w' n 166(yaT;. Y~1b I J4 ~4r l..fF t+fi f.4 'e: Tnj~ v.W.HV~ AgenGaNo_.~'~¢ Rgeadalte~,~-~i~e? Date approximately 55 acres and has an agreement to purchase;, another 135 acres. The existing communications tower is ` located on a to acre tract and staff proposes to negotiate I with that owner. The tract is intended to be used for future expansion of the city's landfill. r, PRWRAKS Q PAMENTS OR GROUPS AFFECTEQS (1) Eight homes located along Corbin Road will be affected by the proposed closing of that portion of Corbin Road. ` Residents may use an alternate routs through Springside and Underwood to access Airport Road. (2) The purchase and annexation of this site will provide long term solid waste disposal capacity for the City. FISCAL IMPACTi (1) The proposed closing of Corbin Road will result in an annual saving of approximately $70000. w Reap tfully su mitteds r Lloyd Harrell 'r City !tanager prepared `'j at' Hai Plrsaud, MRTPI, AICP 8aniot Planner A'roveds nag AICP rank . Robift Executive' Director P Planning and Development i Attachment il: Annexation Schedule Attachment f2t Site map and legal description A-68. Attachment 13t Site map and legal description A-64. i. it h Attachment t1 ~endaNo -9 - A ANNEXATION SCHEDULE Date ~al_L2 6.9 .r: December 6, 1994 City Council sets date, time and place for public hearings. ,`F. December 180 1994 Notice published in Denton Record Chronicle for first public hearing. yE January 3, 1995 City Council holds first public hearing. January 6, 1995 Notice published in Denton Record Chronicle for second public hearing. January 17, 1995 City Council holds second public hearing. January 25, 1995 Planning and Zoning commission makes recommendation. y" February 70 1995 city council institutes annexation. First " Reading of Annexation ordinance. rebruaiy.l0, 1995, Publication of Annexation ordinance in Denton + r' Record Chronicle. A r;, Mich 210 1995 Final Action by City Council. Second reading and "adoption of the Annexation' Ordinance. i' t .i r 1 x' tJ 7, It- A ~l I 17, Attachment #2 Page 1 of 2 Agenda No r ABC t'aEiB A•64 Landfill DaEa / ~O 4RTH E r' ~r Location Map i Date 304 Scala None Attachment i2 Page 2 of 2 Agenda 110 ALL that certain lot• tract, or parcel of landAl yk4mand being] ,5*6 ' ; situated in the County Of Denton, State of Texas,~ng part-ot` "7 Gideon Walker Survey A-1330 and more particularly described ai fo BEGING at llows; point in tthh mouth a line at a tract existing desccribed y in limits said Ordinance point i 9 lying point also lying at the northwest corner of the tract described in ordinance 83-i8 and in the center of an east/vest road (known as Foster Road); j THENCE west•along the center of said east/west road and the south I line of said City limits (ordinance 81-94) a distance of 1815.66 oeto of the Gideon Walker Survey A-1330;~ and the wet boundary line THENCE south with the west boundary line of said Walker survey and the east lino of ordinance 61-94 in Kayhill Road 1228.21 feat to a , point in the canter of a county road and also the northwest corner of Ordinance 86-141 THENCE south 20 vast with the east line of ordinance 86-14 a distance of 1727.92 feat to the northwest corner of Ordinance 83- 1 16; THENCE south 880 29' east with the north line of Ordinance 83-16 a distance of 1469.1 feat to the northwest corner of ordinance 86-15; THENCE south 860 530 east with the north line of Ordinance 86-186a distance of 1412.3 feat to the northwest corner of ordinance 218; THENCE south 860 59' 59" est with the north line of ordinance 86- 218a distance of 627.96 feet to the northeast corner of ordinance 86-218 and in the vest line of ordinance 84-17, Third tract; THENCE north 1260 feet to the northwest corner of ordinance 84-17, Third Tract and the southerly southwest corner of ordinance 83-18; THENCE north 10 41' 08" east a distance of 541.96 feet with the most easterly west line of ordinance 89-18; THENCE north 870 370 54" west with the northerlynt south line for corner of ordinance 83-18 a distance of 631.02 feet to a poi; THENCE north 8811 15' 45" west with the northerly south line of nos 8391829 feet to the most northerly ordinance corner of distance E southwest dinance 83-18 THENCE north 10 09' foot east to the point of Beginning rand containing { a distance ce o of 1308.77 199.5 acres of land. AEE0028C/9 w. 7jfl 1 I 1 II III Attachment #3 JI Page 1 of 2 AeorddNo -pt A~ondalie ALL that certain lot, tract, or parcel of land situated in the .61' Daugherty Survey A-357 Denton County, Texas and being sore particularly described as follows3 BEGINNING at a point in the existing city limit lime at the northwest corner of said T.N. Daugherty Survey and the southwest corner of the R. Chovning Survey A-266; { THENCE in an easterly direction with the city limit, ine 25 feet to the easterly right-of-way line of corbin Road; TMMCB in a southerly direction 25 feet easterly from and parallel with the existing city limit line 1917 feet to a point for corner; THECCE in a westerly direction 25 feet to the southeast corner of the J. Hardin Survey A-1,536 and the northeast corner of the J. bacon Survey A-1540# sass being a corner of the exist cit Y ~ ~ Y limits; THENCE in a northerly direction with the existing city limits 1917 feet to the Point of Beginning and containing 1.1 acres of land. A2200405 V 111( t 1 l," I t1 i r/W^ ~w'ti.vpiy.~~'M. .....y .Ivy -.n. • ~ 1.1 . v ...e. r.~ Attachment #3 f Page 2 of 2 f Age~daNo ANNEXATION A-68 Apsadall IMTH Date ~ 6 y 717 AIRPORT RD. i SITE Z r:.r METRO ST, 1611 ~ + at9 1 A k.n 1' ~ J CORBIN RD. 1, Q 7 J , r r Id 1 1 ~ Location Nap No Scole ..'4 7 9 ~ 1 - ..~;q 1 ill i~ i l f~ 1 . I' a I _ I f tl Q { I ,Vow SOW" nni • J qy 1' I 1C6 r r; CffV OI DENTON, TEXAS MLMGPAL BUILDING/ DENTON, TEXAS76201 / - TELEPHONE (817) Ofte of the Cny Sscnfory MEMORANDUM ; Rat 1 ~t Y Y DATE: November 30, 1994 TO: • Mayor and Members of the City Council I FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments 's The following is a list of the vacancies for the Cityle w Boards/Commissions: John Enlow has resigned from the Keep Denton Beautiful Board. This is A nomination for Council Member Cott, r- 3 r. -r . 1 eK 1 If -you need Any further information ,please let me know.. 7i T~ r.. s t Jer%fflfer yCi sect ry a 4~4 Y~ft aP~ j r w I I r r • I '~f;Ni~tlOiwK:rerw.ri<t?P.✓A.t.a:A+raw::[rroia+ri..sar w.w....au.. s,.>d. ~.ei**.u.•..,wa:v:;i i.N:.ee;+. Mi%'i~yt Fix `MW WME3101 VendaNo ApnrMt SAMMONS COMMUNICATIONS Date - ( OF TEXAS, INC. y 2dj,2 1 November 17, 1994 Mr. Bill Watson Keep Denton Beautiful PO Box 374 ' Denton, TX 76202 ~Y ` Dear Bill: } This letter is provided as written notification of my resignation from the keep Denton Beautiful Board. The resignation will - be effective immediately in order to allow the - appointment of another citisen to fill the vacant position. I have enjoyed the yearn i i:live spent on the board and the many projects we have undertaken. I have recently become interested y. in the.Texas Trails organisation and the efforts to develop hikI60 and biking trails in this area and would like to do t; volunteer work in that area. In closing I would especially like to commend Cecile Carson for the fine work she has done over the years for Keep Denton Beautiful, Best of luck to you and the rest of the members of the Boards J ' Bin Iret. 1~/ • e• , is I ~ t hn En to w Oeaeral Manager } P; 205 Industrial Street Denton, Texas 76201.4225 • 817 566.2901 • 817 566.10201FAXI 4 ' c'r1Ll tl.:: J yS: r A 1 I 1 l k 1 j d i ti I IL EE y j~ Lo